Agenda of Sustainable Napier Committee - Thursday, 24 March 2022

Sustainable Napier Committee - 24 March 2022 - Open Agenda Item 1

Agenda Items

1. Integrated Trade Waste and Wastewater Bylaw: Consultation Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1417631
Reporting Officer/s & Unit:	Caitlin Egan, Environmental Compliance Officer

1.1 Purpose of Report

The purpose of this report is to outline a proposal to promulgate a new Integrated Trade Waste and Wastewater Bylaw under s146 (1)(a)(iii) and 146(1)(b)(iii) of the Local Government Act 2002 (LGA).

Officer’s Recommendation

The Sustainable Napier Committee:

The Sustainable Napier Committee make a DECISION OF COUNCIL under delegated authority to:

a. Endorse the content of this report including Attachment 1 Statement of Proposal.

b. Agree that pursuant to s155(2)(b) and 155(3) of the LGA, the proposed bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

c. Adopt the proposal and the draft Integrated Trade Waste and Wastewater Bylaw for the purposes of public consultation Attachment 2.

d. Approve the commencement of the special consultative procedure in accordance with s83(1) of the LGA in relation to the proposal.

1.2 Background Summary

The Council’s Wastewater Drainage Bylaw 2014 and Trade Waste Bylaw 2014 were made by Council resolution on 16 December 2014 and 16 December 2015 respectively. Pursuant to s 160A of the LGA, the Wastewater Drainage Bylaw was revoked on
17 December 2021, and the Trade Waste Bylaw 2014 will be revoked on 17 December 2022. As such, new bylaws are now required for the control of discharges to, and protection of, the public wastewater network.

As both trade waste and wastewater use the same infrastructure and are constrained by the same regional resource consent it is considered that the most appropriate way of addressing the perceived problems in respect of trade waste and wastewater is through a new integrated bylaw that addresses both wastewater and trade waste management, comprised of:

1. An Integrated Trade Waste and Waste Water Bylaw

Incorporating the wastewater and trade waste bylaws into one comprehensive document will allow Council to take an integrated and consistent approach to the management of its wastewater services and the associated network.

In particular, it is envisaged that the Integrated Bylaw will:

- Protect the public wastewater system from damage and misuse;

- Protect the environment from adverse effects of harmful substances discharged to the public wastewater system;

- Protect the safety of Council personnel and the general public;

- Enable the Council to meet the requirements of legislation;

- Encourage all wastewater customers and trade waste operators to adopt cleaner production processes and appropriate innovative solutions;

- Clearly define the obligations of wastewater customers and trade waste operators;

- Protect investment in existing and future infrastructure, treatment plant and disposal facilities;

- Ensure on-site wastewater systems work efficiently and effectively;

- Prevent inflow and infiltration of stormwater or trade waste into the public wastewater system;

- Manage the loads on the public wastewater system and optimise its capacity;

- Provide a basis for monitoring discharges from trade premises;

- Provide for an equitable spread of costs between domestic wastewater and trade waste discharges;

- Enable the Council to set charges to cover the cost of administration and monitoring, and provide user pays trade waste scheme via a comprehensive and principled Trade Waste Charging Model; and

- The use of enforcement powers, including penalties where appropriate, to be applied to persons contravene the Bylaw.

2. An Administration Manual

An Administration Manual will accompany the integrated bylaw. A copy of the Administration Manual is included within the Statement of Proposal (Attachment 1 to this report). This document will sit under the Bylaw and provide:

- Technical and/or administrative information to which the Bylaw refers; and

- The ability to update this information as necessary without renewing the Bylaw itself.

- The Administration Manual includes an explanation of the Council’s Trade Waste Charging Model. The Charging Model prescribes which charges for trade waste discharges are calculated over a certain threshold and will ensure:

o Clarity of costs;

o A fair charging system;

o Trade waste operators are incentivised to invest in their infrastructure to treat wastewater; and

o The ability to allocate load according to the limitations of the Council’s resource consent and the capacity of the Council’s treatment plant.

Making a new bylaw: the process

The LGA establishes the statutory process that the Council must follow in order to make a new bylaw. Broadly speaking, this involves two key steps:

1. The Council must make the determinations required by s 155 of the LGA; and

2. The Council must consult with the public and affected parties in the manner prescribed by the LGA.

Section 155: Determination of whether the bylaw is appropriate

Pursuant to s 155(1) of the LGA, the Council must first decide whether a bylaw is the best way of addressing the problem and whether the proposed bylaw is the most appropriate form of bylaw. The first step is to identify what options, both regulatory and non-regulatory, might solve the problem, and to assess the risks, costs and other impacts and the benefits of each option.

The Council must also consider whether the proposed bylaw gives rise to any implications under the NZBORA.

Officers have undertaken an assessment (which can be found at Schedule 1 to the Statement of Proposal at Attachment 1), the relevant Council officers are satisfied that the proposed Integrated Trade Waste and Wastewater Bylaw is both appropriate and necessary to address the perceived problems relating to trade waste and wastewater management in the City.

In accordance with s 77(1) of the LGA, Council officers have also undertaken an assessment of all reasonably practicable options that may be available to achieve the Council’s objectives, and have considered the advantages and disadvantages of each option. The full assessment can be found at Schedule 2 to the Statement of Proposal at Attachment 1.

Special consultation requirements in relation to trade waste

Section 148 of the LGA provides special requirements for bylaws relating to trade waste and requires the Council to send a copy of the proposed bylaw to the Minister of Health for his or her comments.

Before sending the proposed bylaw to the Minister, the Council must give the public notice of its intention to make the bylaw.

Public consultation

Under s 156 of the LGA, if the Council agrees with the recommended option to make a new Integrated Trade Waste and Wastewater Bylaw, it must use the special consultative procedure if the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public, or if the Council considers there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes.

The proposed consultation process in relation to the Integrated Trade Waste and Wastewater Bylaw is as follows:

1. Public consultation will commence on 28 March 2022. This will involve:

a. Targeted consultation with owners or occupiers of trade premises within the district.

b. Targeted consultation with mana whenua through Te Waka Rangapū.

c. Community drop-in sessions. These will allow interested members of the community to learn more about the bylaw and have their questions answered by relevant council officers.

d. An open day at the Awatoto Wastewater Treatment Plant for anyone to book and attend.

e. Advertising across digital, social and print media to ensure public awareness and participation in the review.

f. Online and hard copy submissions that will be available at Council’s libraries and Customer Service Centre

2. The proposal will also be provided to the Minister of Health for comment on
28 March 2022.

3. Submissions on the proposal will close at midday on 25 May 2022.

4. Submissions on the proposal (including comments from the Minister and any submissions received from or on behalf of owners or occupiers of trade premises in the District) will be heard by Councillors on 22 and 23 June 2022.

5. The Council will consider the outcome of the consultation and hearing process and make a decision on the proposal on 14 July 2022.

1.3 Issues

The changes proposed are intended to ensure users of the network are not causing over-loading problems and should therefore reduce the level of maintenance required, reduce the costs of owning and operating the Public Wastewater System for the Council, and allow a fairer apportion of costs to be charged to all users, including ratepayers. A slow, phased rollout is proposed to ensure that additional pressures on businesses are minimal and achievable.

1.4 Significance and Engagement

As noted above, the relevant Council officers have undertaken an assessment of the proposed bylaws against the Napier City Significance and Engagement Policy and determined that this matter is of high significance, therefore consultation is to occur in accordance with the special consultative procedure prescribed by s 83 of the LGA. See Attachment 5 High Level Consultation Plan – Integrated Trade Waste and Wastewater Bylaw.

1.3 Implications

Financial

Current budgets are sufficient to make and implement the integrated bylaw.

There will be future costs to Council in implementing and monitoring the proposed Integrated Trade Waste and Wastewater Bylaw and the supporting Administration Manual. The extent of these costs will depend on decisions made during the finalisation of the Bylaw. At this stage, there is sufficient internal resource to implement the Bylaw as drafted.

Risk and Mitigation

As the Wastewater Drainage Bylaw 2014 was revoked on 17 December 2021 the Council is currently unable to regulate and enforce the matters covered by this bylaw. The approval of the recommended option will address this regulatory gap and allow the Council to implement a proactive and responsive regulatory framework to manage its wastewater network in an integrated manner.

The new Bylaw will also address the regulatory gap that would otherwise remain if the Trade Waste Bylaw 2014 is allowed to lapse in December 2022.

1.4 Options

A full assessment of all reasonably practicable options is included in Schedule 2 of the Statement of Proposal at Attachment 1.

1.5 Development of Preferred Option

The proposed bylaw is considered appropriate and necessary to manage issues within Napier City and the recommended option is therefore that the Council resolve to consult with the public in accordance with s 83 of the LGA on the proposal to promulgate the Integrated Trade Waste and Wastewater Bylaw.

Accordingly it is recommended that the Sustainable Napier Committee:

a. Endorse the content of this report (including Attachments);

b. Agree that pursuant to s155(2)(b) and 155(3) of the LGA, the proposed bylaw is not inconsistent with NZBORA;

c. Adopt the proposal and the draft bylaw for the purposes of public consultation; and

d. Approve the commencement of the special consultative procedure in relation to the proposal in accordance with s83(1) of the LGA.

1.6 Attachments

1 Integrated Trade Waste and Wastewater Bylaw Statement of Proposal

2 Statement of Proposal Schedule 3 draft Integrated Trade Waste and Wastewater Bylaw

3 Statement of Proposal Schedule 4 Integrated Trade Waste and Wastewater Bylaw Administration Manual

4 Statement of Proposal Appendices 1&2 Integrated Trade Waste and Wastewater Bylaw Administration Manual

5 High Level Consultation Plan - Integrated Trade Waste and Wastewater Bylaw

Sustainable Napier Committee - 24 March 2022 - Open Agenda Item 2

2. Water Supply Bylaw Statement of Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1441447
Reporting Officer/s & Unit:	Russell Bond, Manager Water Strategy Lance Groves, Water Planning Lead

2.1 Purpose of Report

The purpose of this report is to:

1) Outline a proposal to re-promulgate the Napier City Water Supply Bylaw that was revoked pursuant to s 160A of the Local Government Act 2002 (LGA) on 26 June 2019 (the proposal); and

2) To recommend that the Napier City Council (the Council) commence the special consultative procedure in accordance with s 83(1) of the LGA in relation to the proposal.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Make a DECISION OF COUNCIL under delegated authority to enable public consultation to occur at the same time as the Trade Waste and Wastewater Bylaw public consultation.

b. Endorse the content of this report (including Attachment 1 Statement of Proposal).

c. Endorse that pursuant to ss 155(2)(b) and 155(3) of the LGA, the proposed Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

d. Adopt the proposal and the proposed Water Supply Bylaw for the purposes of public consultation.

e. Approve the commencement of the special consultative procedure in accordance with s 83(1) of the LGA in relation to the proposal.

2.2 Background Summary

The Proposal

The Council’s Water Supply Bylaw regulates Napier’s drinking water network and provides Council with the ability to protect critical water infrastructure from damage or inappropriate use. The proposed Bylaw covers such as issues as taking water from fire hydrants, water quality and standards for new connections and water infrastructure.

The previous Water Supply Bylaw was adopted in 2012 and created a framework that was successfully used for a number of years. The Water Supply Bylaw has been reviewed and a copy of the full proposal and proposed bylaw can be found attached to this report, titled Attachment 1 – Statement of Proposal. Proposed amendments to the 2012 Bylaw are shown in tracked changes.

Making a new bylaw: The process

The LGA establishes the statutory process that the Council must follow in order to make a new bylaw. Broadly speaking, this involves two key steps:

1. The Council must make the determinations required by s155 of the LGA; and

2. The Council must consult with the public and affected parties in the manner prescribed by the LGA.

Section 155: Determination of whether the bylaw is appropriate

Having undertaken an assessment, in accordance with s155 of the LGA, Officers are satisfied that the Water Supply Bylaw that is proposed to be re-made is still appropriate and necessary. The full assessment of the bylaw under s155 of the LGA can be found at Schedule 2 to the Statement of Proposal at Attachment 1 and includes:

· problem identification and assessment for the bylaw being re-made;

· council's assessment of whether the proposed bylaw is the most appropriate way of addressing the perceived problem;

· an assessment of whether the proposed bylaw gives rise to implications under NZBORA; and

· the proposal in respect of the bylaw.

In accordance with s77(1) of the LGA, Officers have also undertaken an assessment of all reasonably practicable options that may be available to achieve the Council’s objectives, and have considered the advantages and disadvantages of each option.

Public consultation

Once it has made the determinations required under s155 of the LGA, the Council must consult with the community on the proposal in a manner that is consistent with the consultative procedure required by the LGA.

Under s156 of the LGA, if the Council agrees with the recommended option to make a new Water Supply Bylaw, it must use the special consultative procedure if the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public, or if the Council considers there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes.

The proposal is considered to be of high significance, as determined by reference to the Council’s Significance and Engagement Policy for reasons including that:

· it is likely to have a small impact on a large proportion of the City’s residents or ratepayers (namely all water supply customers);

· It engages issues of interest to Māori;

· it affects strategic Council assets, specifically the Council’s water supply distribution systems, including reservoirs, pump stations and reticulation network, and the delivery of associated council services; and

· the regulation of the water supply network impacts public health and wellbeing as well as the receiving environment.

However, it is unclear how much public interest there will be in this review as the changes being proposed are minor and bring the bylaw into alignment with current operational practices. It is acknowledged that mana whenua partners have an extra interest in this consultation, as will a limited number of key stakeholders.

Targeted engagement with mana whenua will occur in consultation with Te Waka Rangapū to ascertain where areas of cultural sensitivity may be addressed through the proposed Bylaw. There will be opportunities for the public to learn more about the review and have their questions answered, however public events during the consultation will look to leverage the existing opportunities planned for in the Trade Waste and Wastewater Bylaw.

Public consultation on the proposed Water Supply Bylaw will occur in parallel with the Trade Waste and Wastewater Bylaw over a two month period from 28 March to 28 May 2022. It is acknowledged that this consultation will also partially overlap with consultation on the draft Annual Plan and efforts will be made where feasible to promote the active consultations as a group. The proposed consultation process for the bylaw is as follows:

1. Public consultation to commence on 28 March 2022. This will involve:

a. Targeted consultation with mana whenua through Te Waka Rangapū.

b. Community drop-in sessions. These will allow interested members of the community to learn more about the bylaw and have their questions answered by relevant council officers.

c. Advertising across digital, social and print media to ensure public awareness and participation in the review.

d. Online and hard copy submission forms that will be available at Council’s libraries and Customer Service Centre

2. Submissions on the proposal will close at midday on 25 May 2022.

3. Submissions on the proposal will be heard by Councillors on 22 and 23 June 2022.

The Council will consider the outcome of the consultation and hearing process and make a decision on the proposal on 14 July 2022.

2.3 Issues

Bayview Water Supply connections have historically been billed via a volumetric targeted rate. The rating structure differed to the rest of the Napier Water Supply to reflect the loans required for the extension of the Council network to include the community into the City supply. The term of these loans have now expired. The change in the Water Supply Bylaw now reflects this change and the Rural and Urban connections now respectively align with the other connection types in the Napier City Water Supply.

Consideration has been given to fairness of water billing between Commercial and Domestic users. Targeted Volumetric Water Rate differences between these users has consistently been raised, by our community, as an issue with Napier’s pricing structure. The setting of these rates is not determined as part of the function of this bylaw and will be addressed through the financial fees and charges during the Annual Plan process. It is proposed to remove the two charges and have a single volumetric rate for these users.

2.4 Significance and Engagement

2.5 Implications

Financial

Current budgets are sufficient to re-make and implement the proposed bylaw.

Social & Policy

N/A

Risk

There is unlikely to be any significant risk to the bylaws process or to the public as it is proposed that the bylaw continue with limited changes.

Council can rely on primary legislation to regulate any issues that arise for the period that the bylaw will not be in effect.

2.6 Options

The options available to Council are as follows:

1. Do not have a bylaw which regulate water supply

2. Have a bylaw which regulates water supply on similar terms to the 2012 Bylaw

3. Make a new Water Supply Bylaw on substantially different term to the 2012 Bylaw

A full assessment of all reasonably practicable options is included in Schedule 2 of the Statement of Proposal at Attachment 1.

2.7 Development of Preferred Option

That the Council:

1) Resolve to consult with the public in accordance with s 83 of the LGA on the proposal to re-make the Water Supply Bylaw 2012 on largely the same terms as the 2012 Bylaw.

The bylaw is considered appropriate and necessary to manage issues within Napier City, and the recommended option will ensure that the bylaw continues until such time that it is next reviewed in accordance with s 158 of the LGA.

Accordingly it is recommended that The Sustainable Napier Committee:

a. Endorse the content of this report (including Attachment 1 Statement of Proposal)

b. Agree that pursuant to s155(2)(b) and s155(3) of the LGA, the proposed bylaw is not inconsistent with NZBORA.

c. Adopt the proposal and the proposed bylaw for the purposes of public consultation.

d. Approve the commencement of the special consultative procedure in relation to the proposal in accordance with s83(1) of the LGA.

e. Appoint Councillors to hear and consider the submissions on the proposal and make recommendations to the Council on the adoption of the proposed bylaw.

2.8 Attachments

1 Water Supply Bylaw Statement of Proposal March 2022

Sustainable Napier Committee - 24 March 2022 - Open Agenda Item 3

3. Report on Three Waters Reform Programme

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1442095
Reporting Officer/s & Unit:	Rebecca Huckle, Three Waters Reform Programme Manager Russell Bond, Manager Water Strategy

3.1 Purpose of Report

To inform the Council on the progress of the Three Waters Reform Programme within Napier.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Endorse the report on the Three Waters Reform Programme.

3.2 Background Summary

Three Waters Reform Programme was launched by Central Government to reform the delivery of Local Government’s three waters (Water Supply, Wastewater and Stormwater) alongside the appointment of a new regulator.

Napier City Council has undertaken a programme of work in readiness for this reform with funding support from the Department of Internal Affairs (DIA) in the order of $12.51m over a period of 20 months (November 2020- June 2022).

The goal for Council over this timeframe is to catch up on operational work that has not been prioritised in the past and to ensure that the assets, services, the data and the people are in the best state possible moving as the reform process progresses.

The key principles of Napier City Council’s programme are:

• Improved capacity and capability to accelerate infrastructure projects

• Preparation of the team and local industry for upcoming standards as part of reform process

• Improving safety and quality of drinking water by fast tracking delivery of low manganese water to reduce dirty water events and address fire-flow issues

• Improving Māori/iwi and community engagement

• Upgrades to the three waters asset management system and maintenance management transformation programme

3.3 Issues

There are no issues associated with this report.

3.4 Significance and Engagement

This programme is engaging with mana whenua through the Iwi engagement on Three Waters and Cultural Values Assessments programme of work. This piece of work aims to extend the Council’s capacity and capability for engaging with Māori, including development of a cultural values assessment.

Council engaged with residents during the 2020/2021 summer break around what the community saw as key issues. Three Waters concerns were highlighted by this consultation, noting that some of the projects in the reform programme are going some way to addressing these concerns in combination with “business as usual” work.

3.5 Implications

Financial

Council has been given $12.51m by the DIA to undertake a programme of work in addition to business-as-usual programmes. Detailed financial reporting on this spend is required quarterly to the DIA as part of a Memorandum of Understanding between the agencies. This includes hours spent by staff on each activity. Council has supplied co-funding for some of the projects, with the total anticipated spend for this programme at $19.5m

To date the committed spend against all projects is $17.132m, with $2.3m yet to be committed. Actual Spend to end of February 2022 is $11.715m

The attached report indicates current progress on the programme of work.

The projects and associated DIA spend are as follows:

COUNCIL	PROJECT	VALUE
Napier Total - $12.51m	Capital Projects: • Alternative Water Supply – address dirty water issues • Water Safety Plan - delivery of improvement items • Fire Flow Network Upgrades to meet levels of service • Scoping Three Waters Master Plan Projects – additional resources to assist with the delivery of the current and reform capital plan • Te Awa Structure Plan – Three Waters - additional funding to develop water infrastructure in Te Awa • Pandora Industrial Waste – works associated with trade waste and understanding flow and composition • Review of private water supplies – provide upgraded supply for the Meeanee School hall	$8.45m
	Planning and Asset Management Projects: • Parks Water Bores Investigation and Implementation – assessment of bores and commence consenting process for water conservation • Essential Service Planning and Contributions Policy – ensure that three waters programmes are funded appropriately to develop the networks • Maintenance Management Practices - Develop maintenance management practices and workflows and integrate these into the Asset Management System • Delivery Improvement Review – systems and process development • Asset Management Systems & Data Collection • Three Water Models & Masterplans – peer review of models, additional calibration, and peer review of master plans	$3.16m
	Collaborative Projects: • Iwi engagement on Three Waters and Cultural Values Assessments – extending the capacity and capability for engaging with Māori, including development of a cultural values assessment • Regional Water Projects	$900k

Progress

Significant progress has been made in the last quarter (Oct-Dec 2021)

All capital projects have progressed either to or past the tender stage with most now having contractors on site. Operational projects are also progressing. Key capital projects are more advanced than operational projects.

Water Quality Improvement is progressing with the completion of the A3 bore at Meeanee Road. Work is now starting on the new bore (T8) at Guppy Road, Taradale with a temporary drilling pad and accessway being constructed.

Fireflow Network Upgrades in nearing completion with commissioning taking place in the first three weeks of March.

The Parks and Reserves Water Bores work has been completed, with designs received for the Anderson Park splash pad project alongside a new bore on site, as well as the remediation of the reticulation system at the Botanic Gardens.

Asset Management Systems and Data Collection continues with the upgrade of the current system, with contractors engaged and on board. Significant progress is anticipated over the next two months.

Delivery Improvement Review work targeting carbon zero and climate risk & maturity continues under the stewardship of Councils Senior Policy Analyst – Climate Resilience for both Carbon Reduction and combined Environmental Maturity & Risk. Reports from consultants undertaking the work are expected by March 2022. Council-wide engagement is taking place.

Iwi Engagement continues with the support of Te Waka Rangapū. Work with Ngati Pārau continues with the first of a series of wānanga taking place on 11 March 2022. A full work plan has been received for this work going forward. An underspend against the full project is anticipated at this point, however as with Regional Collaboration Projects above there is an opportunity to offset some co-funding against other projects.

Regional Collaboration Projects have also fallen behind. After discussion with the Programme Manager for this piece of work, NCC’s portion of the underspend, including the portion for the contestable fund will be returned to Council for reallocation.

A meeting was held with Crown Infrastructure Partners (CIP) who manage the reform projects for the DIA. They highlighted that underspend in projects can be used as a priority with CIP funds needing to be spent before the 30 June 2022.

Social & Policy

There are no social and/or policy implications associated with this report.

Risk

The major risks to the programme:

1. Risk:

There is a risk that the programme of work will not be completed by the revised date of 30 June 2022 (Previously 31 March 2022), leading to an underspend of funds. This is due to other competing priorities for key staff at the beginning of the programme such as the Long-Term Plan, the knock-on effects of the flooding event in November 2020 and constraints due to Covid-19 including supply chain issues as well as staffing. There is also a risk that internal or external resources are not available to deliver parts of the programme when required.

Mitigation:

In order to mitigate these risks officers are engaging with suppliers in advance of needing any physical assets and have instructed that these are held for us until required if possible. Where this is not possible, we are working in an agile way to keep work going while awaiting delivery. We are also engaging with consultancies to ensure we can maintain levels of service in the form of staffing from them ahead of time. We have supplemented permanent staff where needed with contract staff in order to progress the projects where necessary.

2. Risk:

There is currently some minor programming concern with the progress within the Water Safety Plan Improvements project, the contractor (Trility) is showing delays in the manufacture and delivery of instrument cabinets. This item is part of the critical path and has an effect on the completion date of the project for the delivery of all of the units. This delay is on a small portion of the Water Quality Monitoring project and will not impact the practical completion of the Water Treatment Plants.

Mitigation:

The programming of this critical path has been highlighted with the project team and the contractor to ensure the cabinets are delivered fabricated to ensure that they are able to be installed as soon as they arrive on site. This will minimise any delays to a small number of sites for the water quality project.

3.6 Options

The options available to Council are as follows:

1. To endorse this report on Implementation of the Three Waters Reform Project

3.7 Development of Preferred Option

This report is for information purposes only.

3.8 Attachments

1 Three Waters Reform Progress Sustainable Napier March 2022

Sustainable Napier Committee - 24 March 2022 - Open Agenda Item 5

5. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1440069
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.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Receive the report titled “Capital Programme Delivery”.

1.2 Background Summary

Situational update

The Omicron variant of Covid-19 continues to present a clear risk to the delivery of Napier’s capital programme.

Information on rapidly rising material costs has been provided by Council’s contractors, for example the cost of PVC and PE pipes has increased 11% in the last 3 months, which combined with increases over the last 12 months equates to a 50+% increase in the cost of these materials. This puts pressure on materials acquisition at quoted prices, particularly for longer term contracts.

Council have already moved to payment on evidenced delivery of materials to a secure site and contractors are being encouraged to confirm and secure orders as soon as contracts are in place in order to manage price risk.

Capital Programme Summary

Currently the Design and Projects team have 36 projects in progress to the value of $20.5 million, with the balance of projects being managed within each activity to which they relate. These projects may have carry over funding associated with their delivery in the 2021/22 financial year.

Projects Going to Tender

The following notable projects are progressing through the tender in this reporting period:

· Pandora Industrial Pipeline Remediation

· Essex Street Playground Civil Works

· Maggies Way – Dolbel to Otatara

· Onslow Steps and Ramps

· Taradale Library Air Conditioning Upgrade

Projects nearing/at completion

The following notable projects are nearing completion of the construction phase in this reporting period:

· Centennial Hall Court Lighting

· FW2 Fire flows network upgrades

· Dedicated Hydrant Water Take – Thames Street – now operational

· HBRU game field lighting

The attached report (Appendix 1) further demonstrates progress of notable projects currently underway.

Processes Undergoing Review

In order to improve programme delivery performance, a number of processes are being reviewed. The objective of these reviews is to ensure processes are fit for purpose and as efficient as possible with respect to the time to complete them. These work packages are summarised below:

Project Management Policy and Strategy

A review of the current Project Management Policy and Strategy is required to reflect the creation of the Programme Delivery Directorate and to identify the opportunities created by the new directory. The goal is to complete this work in time for the delivery of Project Management related training to ensure that Council direction on Programme Delivery is consistently communicated through this training.

Council’s Project Management Framework

Council has formalised is approach to the consistent delivery of projects through the development of its Project Management Framework or PMF. This framework has been developed for small and large projects and is documented in Council’s Sycle enterprise software solution.

Since the implementation of the PMF user experience has increased but also new people have joined Council and have not had the benefit of any formal training on the PMF and therefore are not very familiar with its intended purpose and how to use it.

The review team will engage with regular users of the PMF to identify what works well, what doesn’t work well and what improvements should be considered. Council Officers involved in project work who use the PMF infrequently, are uncertain about the use of the PMF, or who do not use the PMF at all will also be engaged with in the review to identify opportunities to improve the uptake of the PMF.

The initial workshops with staff were impacted by COVID and large numbers of staff working from home requiring an online approach to gaining the engagement and feedback sought needed to be investigated. Although this work was developed as a standalone piece of work it aligns closely with the other initiatives currently underway and so will be integrated with those processes going forward.

The outcome of this review is likely modifications to the PMF in Sycle and the development and delivery of training material to project related staff across Council.

Project Financial Reporting

The current process available to staff to track project related spend is a very manual process is very inefficient and consumes significant staff time every month to complete.

Rather than continue to attempt to modify processes within the constraints of multiple existing systems, the review team will be taking a step back from the current process to reassess what level and detail of financial information is required to enable project teams to track spend on projects. The review team will then look to see if the revised information needs can be met by existing systems or whether different tools are required.

Programme and Project Reporting

There are multiple layers of reporting requirements associated with both individual projects and Council’s programme of work. Sycle has a number of report templates that are intended for different audiences, some of which are not fit for purpose or are cumbersome to use.

Sycle now has a new reporting module that enables users to develop their own reports tailored to their own and stakeholder needs. Council will be reviewing this module to ascertain its ability to meet our reporting needs, with a view to rolling out to users in the near future.

The intention is to develop new reports that inform Council’s current reporting processes (for example Sustainable Napier Capital Programme Report tables, Mega Projects Governance Group Reports and ideally A Programme Level dashboard).

NCC Project Management Manual

Together with the above packages of work, some of which will feed into this package of work, Council’s existing project related manuals, documentation and templates is underway with the intention of developing a new Project Management Manual. This documentation will be complemented with training material that can be rolled by repeatedly to Council Officers and panel members involved in the development and delivery of Council projects.

While the manual is not intended to be a step by step process on project delivery, it will seek to cover asset and non-asset, operational and capital project related processes. The manual will also seek to provider a greater level of clarity of roles and responsibilities relating to the PMF throughout is multiple phases with a view to making a project’s transition through the PMF and/or from one role holder to another more efficient.

In parallel to the manual, work has commenced on the development of project scoping templates so that better direction can be provided to Activity and Asset Managers as they work up project scopes for the Programme Delivery team. These templates will be included in the manual and training materials.

Procurement Opportunities

With a Procurement Lead now appointed, opportunities will be explored to further improve Council’s procurement process and communicate out to and support staff involved in procurement.

Of particular interest are opportunities to bundle projects of like work to form packages of work that are more attractive in a construction industry that is at or beyond capacity.

Project Management Training

In addition to the training associated with the Project Management Manual now in development, introductory training on Project Management fundamentals is being investigated. This level of training is intended for new staff members and/or staff members new to projects that do not have a great deal of experience in developing or managing project of any size.

1.3 Issues

Industry Capacity

The construction industry, including professional service providers and contractors; is currently stretched beyond capacity. This is impacting on the Hawkes Bay and Napier City Council’s programme delivery. The arrival of the Omicron variant of COVID-19 is likely to add additional pressures on workforce availability and supply chains.

1.4 Significance and Engagement

This report is for information purposes only.

1.5 Implications

Financial

The financial performance of individual projects does not form part of this report.

Social & Policy

There are no social and/or policy implications associated with this report.

Risk

Significant project risks are reported to Council separately via the Audit and Risk Committee.

1.6 Options

This report is for information purposes only.

1.7 Development of Preferred Option

This report is for information purposes only.

5.8 Attachments

1 Capital Programme report

Sustainable Napier Committee - 24 March 2022 - Open Agenda

Sustainable Napier Committee

Open Minutes

Meeting Date:	Thursday 10 February 2022
Time:	9.00am – 10.15am
Venue	Via Zoom and livestreamed on Council’s Facebook page

Present

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

In Attendance

Chief Executive (Steph Rotarangi)

Acting Director Infrastructure Services (Debra Stewart)

Acting Director City Strategy (Rachael Horton)

Director Programme Delivery (Jon Kingsford)

Acting Director Corporate Services (Caroline Thomson)

Director Community Services (Antoinette Campbell)

Director City Services (Lance Titter)

Manager Communications and Marketing (Julia Atkinson)

Manager People and Capability (Sue Matkin)

Pou Whakarae (Mōrehu Te Tomo)

Chief Financial Officer (Caroline Thomson)

Manager Property (Bryan Faulknor)

Manager Environmental Solutions (Cameron Burton)

Water Quality Lead (Anze Lencek)

Team Leader Transportation (Robin Malley)

Transportation Engineer (Sahar Pour)

Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Beverley Kemp-Harmer)

Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Hilary Prentice)

Team Leader Planning & Compliance (Luke Johnson)

Administration

Governance Team (Anna Eady and Carolyn Hunt)

Karakia

The meeting was opened with a karakia by the Chief Executive

Apologies

Councillors Wright / Mawson

That the apology from Councillor Tapine be accepted.

Carried

Conflicts of interest

Nil

Public forum

Juliet Greig - Latham Street Pedestrian Crossing Island Petition

Ms Greig thanked the Committee for their time, Councillor Boag for presenting the petition on her behalf to the Council and to Council’s Transportation Engineer, Sahar Pour, for her report in reply to the petition.

Ms Greig’s young children attend Nelson Park School. In December 2021 she organised a petition for a crossing on Latham Street South, near McLean Park Stadium, as she and many other parents at Nelson Park School are concerned about how dangerous crossing Latham Street is for their children; many parents will not let their children walk or scoot to school on their own because of having to cross this stretch of road. The petition has been signed by parents of the school, but also by residents who live in Nelson Crescent, McVay Street, Morris Street, Vigor Brown Street, McDonald Street and Ashridge Road. Ms Greig knocked on doors to discuss the petition and all but one household signed the petition.

One of the signers on the petition is the Principal of Nelson Park School, who agrees that a lot of parents will not let their children walk or scoot to school alone due to Latham Street.

Ms Greig knows of two families who would let their children walk to school alone if there was a proper crossing and is sure there would be more.

If it is not possible to install a formal pedestrian crossing any other solution provided to make crossing Latham street safer would be appreciated.

Announcements by the Mayor

This week is the first year anniversary of the Chief Executive (CE), Steph Rotarangi, starting at Council. The Mayor acknowledged that when the CE started she had to hit the ground running, and that having her support and guidance through the challenges of 2021 has been great.

Announcements by the Chairperson

Nil

Announcements by the management

The CE announced item five in the agenda is withdrawn and will be considered at an Extraordinary meeting of the Sustainable Napier Committee on Thursday 17 February 2022 at 3pm.

The Acting Director Infrastructure Services gave an update on five water projects:

· Low Manganese Drinking Water – Council is currently working on the new Awatoto bore, and over the next few weeks flow testing will occur. A new treatment plant is being constructed off-site and will be moved on-site soon. The bore is anticipated to be operational by June 2022. The bore and treatment plant in Taradale are in early stages of construction. Both of these bores are vital to provide low manganese water and eliminate the dirty water issues experienced by residents.

· Pandora Tradewaste Pipeline – This services industrial sites in Pandora and discharges to the wastewater treatment plant in Awatoto. Work is underway to unblock this pipeline. It has been out of service for a number of years due to a build-up on the inside wall. Once recommissioned it will be brought online and used to convey tradewaste to the wastewater treatment plant. The project contract and drawings are completed for the project; once approved the contract will go out for tender. A number of contractors have approached Council about this work since the Stuff news article prior to Christmas.

· Airport Pump Station – Council is replacing the wastewater pump station at the airport to improve levels of service, increase resilience of the network, and reduce the risk of wastewater overflowing into the Ahuriri Estuary. During the construction phase there may be elevated noise levels from site, fresh water being discharged onto the land and into the waterway, and at some stages during the project pumps could be operating 24 hours a day. Completion is anticipated by July 2022.

· Smart Manholes – Fifty manholes across the city are getting their own brains. Sensors are being installed inside manholes to let Council know when a drain is getting too full or reaching capacity. This can be an indicator of a blockage, a fault, or higher than usual flow. The sensors are relatively inexpensive and housed in boxes made in New Zealand with a 3D printer. They send signals to a satellite, which in turn sends a message to the monitoring system. Twenty have been installed already, and testing is taking place. A similar system has been trialled and installed in Tauranga and Taupō.

· Wastewater Plant Treatment Cells – The capacity of the wastewater treatment plant upstream and the pump station are restricted by the capacity of the outfall. This means during heavy rain the wastewater backs up in the system and overflows. The installation of new storage areas will mean temporary storage of wastewater is possible until there is capacity available in the system to discharge. It is not expected wastewater will be stored for more than three days at a time, and in this case the wastewater will be highly diluted. The temporary storage will also be used when repairs need to be carried out on parts of the wastewater treatment system.

Confirmation of minutes

Councillors Chrystal / Mawson

That the Minutes of the meeting held on 11 November 2021 were taken as a true and accurate record of the meeting.

Carried

Agenda Items

1. Petition - Pedestrian Crossing Island, Latham Street

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1418278
Reporting Officer/s & Unit:	Sahar Pour, Transportation Engineer Robin Malley, Team Leader Transportation

1.1 Purpose of Report

The purpose of this report is to inform the Council in regard to a petition received on
13 December 2021 from Juliet Greig on behalf of residents concerned about road safety in Latham Street. The petition (Doc ID 1426565) will be tabled at the meeting.

The Petitioners’ Prayer reads as follows:

“We, the residents below, support the proposal for Napier City Council to install a pedestrian crossing island on Latham Street, Napier South to help children and families cross the road on the way to and from Nelson Park School (Petition organised by Juliet Greig, Napier South, December 2021).”

There are 52 signatories to the Petition.

At the Meeting

The Officer spoke to the report noting that due to timing the roading team have not been able to develop options for a crossing on Latham Street or cost them properly at this stage. Depending on Council’s decision the team will then work with the Ward Councillors and petitioners to move to the next stage. It will take four to six weeks to get costings of preferred design options.

In response to questions from the Committee it was clarified:

· The preferred option would probably be installed on the McLean Park side of the intersection of Latham Street and Morris Street. There are fewer house frontages there. Also part of the investigation would be to look at putting a splitter island in a side street as they help to slow down traffic.

· The crossing that was installed on Gloucester Street Taradale, near Atawhai Resthome, a few years ago was a more complicated crossing as there was a bus stop near the location to take into account.

· The protected cycle lanes for the length of Latham Street was deprioritised due to the cost of the project. If the team were directed to look at this project this year available funding would need to be considered. Reprioritisation of the capital spend is being worked on currently now big projects from 2021 have been completed.

· Once the four to six week period to carry out investigation, design and costing is compete, then the project would have to be added to the construction programme, but it is not possible to give a timeframe on when that construction could begin at this point in time.

· This project would qualify for Waka Kotahi funding, but only for investment support, which would be 51% of the total project cost. It would be classified as walking and cycling improvements and road safety improvements.

· Any roading project the Council undertakes follows accessibility guidance for limited mobility pedestrians. These are part of the design standards.

· Council has not carried out vehicle or cycle counts in this area. There is anecdotal evidence of the busyness of Latham Street. Counts can change quickly, especially around Intermediate Schools as the population totally changes every two years. With Nelson Park Primary School the road users will be in place for longer as the population is there for longer.

Committee's Recommendation

Mayor Wise / Councillor Boag

The Sustainable Napier Committee:

a. Receive the report titled “Petition for a Pedestrian Crossing Island, Latham Street, Napier South”.

b. Receive the tabled petition of 52 signatories from residents.

c. Support in principle the petition which seeks additional traffic calming and pedestrian crossing subject to detailed investigation including consultation

d. Instruct Officers to communicate findings and outcomes to the Lead Petitioner and Ward Councillors.

Carried

2. Lease of Reserve - Omni Gymnastic Centre Incorporated

Type of Report:	Contractual
Legal Reference:	Reserves Act 1977
Document ID:	1424320
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property

2.1 Purpose of Report

To obtain Council approval to enter into a new ground lease with Omni Gymnastic Centre Incorporated at Onekawa Park for 15 years with one right of renewal. The proposed lease includes an additional area to accommodate a proposed extension to the existing facility.

At the Meeting

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

Committee's Recommendation

Councillors McGrath / Brosnan

The Sustainable Napier Committee:

a. Resolve to grant a ground lease, pursuant to Section 54 of the Reserves Act 1977, to the Omni Gymnastic Centre Incorporated for land at Onekawa Park accommodating the existing facility plus including provision for a proposed extension.

b. Resolve that the term of the lease be for 15 years with one right of renewal.

c. Note that in granting the 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 extension is subject to the Centre obtaining all required regulatory consents.

Carried

3. Report on Napier Water Supply Status End of Q2 2021-2022

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1420222
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 the second quarter (Q2) of 2021-2022 compliance year

At the Meeting

The Officer took the report as read, but provided an update on section 3.3 of the agenda item. Since the report had been compiled Taumata Arowai have released final drafts of the Drinking Water Standards for New Zealand and the Compliance Operational Rules which are out for public consultation. The consultation closes on 28 March 2022. The Hawke’s Bay Councils are considering doing a joint submission on these.

Committee's Recommendation

Councillors Simpson / Chrystal

The Sustainable Napier Committee:

a. Endorse the:

i. Report on Napier Water Supply Status end of Q2 2021-2022.

Carried

4. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1425264
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.

At the Meeting

The Officer spoke to the report. In response to questions from the Committee it was clarified:

· The Marewa shop project is being re-scoped as the original design was too complex and was going to be significantly over budget. The new design is aiming to bring the costs down.

· Kennedy Road, from Georges Drive to Wellesley Road, does not currently have an off-road cycleway. Council will have to break ground to construct this and it is a complex underground environment. Investigations about how to proceed are underway.

· Council will present the Kennedy Road Cycleway project to the Cycle Governance group, which meets on Monday.

· Centennial Hall now has a new floor and the project is now at the stage of replacing the lighting in the Hall. A contract has been signed for this work and it should take six to eight weeks, all things going well.

· The projects featured on the Capital Delivery Report are ones which are potentially higher risk and which are public facing. Council officers will investigate if it is possible to add an estimated project completion date column to the report. Once contracts are secured for projects it is possible to estimate completion dates, but these would be subject to contract extensions and/or variations.

· The Morrison Lowe report contained in the agenda will be added to the Council website for public access. This will be helpful if there are questions to Elected Members from residents about project delays.

ACTION: The Director Programme Delivery to update the Committee:

· With further detail on the Kennedy Road Cycleway project underground complexities.

· If television will be able to operate in Centennial Hall once the new lighting is installed.

· If it is possible to add a projected completion date column to the Capital Delivery Report.

· That the Morrison Lowe Report has been added to the Council website.

Committee's recommendation

Councillors Price / Simpson

The Sustainable Napier Committee:

a. Receive the report titled “Capital Programme Delivery”.

Carried

The meeting adjourned at 9.50am and reconvened at 10.03am.

PUBLIC EXCLUDED ITEMS

Councillors Brosnan / Crown

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

1. Whakarire Revetment Project Update

Carried

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. Whakarire Revetment Project Update	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	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 moved into Committee at 10.07am

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

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

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

Sustainable Napier Committee - 24 March 2022 - Open Agenda

Extraordinary Sustainable Napier Committee

Open Minutes

Meeting Date:	Thursday 17 February 2022
Time:	3.00pm – 4.57pm
Venue	Via Zoom (audio visual link) and livestreamed via Council’s Facebook page

Present	Councillor Price (In the Chair), Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, 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) Director Programme Delivery (Jon Kingsford) Acting Director Infrastructure Services (Debra Stewart) Pou Whakarae (Mōrehu Te Tomo) Chief Financial Officer (Caroline Thomson) Manager Sport & Recreation (Glenn Lucas) Manager Community Strategies (Natasha Mackie) Communications Manager (Jess Soutar Barron) Senior Project Manager (Drew Brown) Team Leader Building Asset Management (Andrew Clibborn) Team Leader Governance (Helen Barbier) Senior Advisor Policy (Matt Adamson)
Also Present	Tonkin & Taylor (Jamie Yule) Deane & Quane (Ben Quane)
Administration	Governance Team (Anna Eady & Carolyn Hunt)

Karakia

The Chief Executive opened the meeting with a karakia.

Apologies

Councillors Mawson / Taylor

That the apology from Councillor Chrystal be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Agenda Items

1. Napier Aquatic Centre Capital Review Programme

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1431044
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

1.1 Purpose of Report

The purpose of this report is to recommend the approach to address the capital and operating investment required for the Napier Aquatic Centre.

At the Meeting

The Council Officer spoke to the report. In response to questions from the Committee it was clarified that:

If the recommended work goes ahead across the next two years some of the planned future works on the Aquatic Centre in the Long Term Plan (LTP) could be brought forward. It is likely that budgeted future renewal funding is no longer required, however this is dependent on whether further issues are uncovered at the facility once the project begins.
The Jackson’s Engineering report, which was part of the mechanical review, identified the Building Management System, which controls all the information around the Aquatic Centre, is at end of life and is no longer supported. The system has been identified as likely to fail in just over five years, and if that happened it would be a significant closure of the complex whilst an alternative was sourced and installed. The Heat pump for the Ivan Wilson complex was also identified as likely to fail within the next five years, and this would cause a closer of that pool for a significant period whilst a replacement was sourced and installed.
This report is a high level overview of what is required to keep the Aquatic Centre functioning. Since writing the report other options for operating the facility have come to light. One of these is a run-to-failure model. Council has a legislative obligation to meet the levels of service outlined in its LTP and must have a sustainable plan to achieve that. If the run-to-failure model was preferred Community Consultation would be required, otherwise as parts of the facility failed and needed to be closed the Council would not be meeting the levels of service required.
Within the Health & Safety/legislative compliance area suitable hoists are required for access to the pools. There is a hoist for one of the spa pools, but this has had long-standing operational issues and needs replacing; there is also a mobile hoist which can be moved to different areas in the facility and provides accessibility. A Barrier Free assessment was done and recommended more hoists, and other ways to provide more dignity for people getting in and out of the pool than what is currently provided. The improvements being discussed today include budget to implement such elements.
Of the critical plant needing to be replaced the heat pump can be designed to be installed externally so when a future development is built it could be transferred. Not much else would be salvageable.
The internal wall design for the Ivan Wilson complex is based on a best practice concept design which is a different specification than what is currently there. It lifts the timber up and sits it on a concrete nib. This design will give longevity and assurance that the walls will not fail, as the timber will not be in contact with water, through cleaning and continued use. This will use the majority of the 3,417,742 needed for the internal wall remediation. There are other options which will cost less, but will not have the same longevity of use.
The wall remediation would address the badly deteriorated timber framing under the cladding. As this deteriorates further the walls would move, but there would be no outward signs of degradation. Council does not have a timeframe of when this situation would become critical under Health & Safety, or other, legislation.
In regards to the mould identified in the walls, the sampling is a point in time. Further sampling is problematic as it can release spores into the atmosphere. Ongoing on-site monitoring would be required however to make sure there is no dangerous mould present.
The walls which are the worst affected by mould are not structural walls and are co-supported by the cladding. There are no immediate risks flagged or these would have been remediated straight away. There are structural wall brackets around the facility which have a recommendation for further investigation. If there was a seismic event it is anticipated the non-structural walls could move more than intended.
Most of the walls in question are internal walls around offices and changing rooms. Some internal elements of the exterior walls are less-so affected. Modifications to the concrete in the courtyard outside of the complex has created new risks to the external walls of water ingress.
To remove the building and operate the pools complex as an outdoor facility is a possibility, but the heat exchanges would need a redesign. It would change the amenity value of the complex, and could have an impact on swimming lessons in winter.
Officers will need to do some further work on prioritising the different elements of the project, this will be dependent on market availability of materials and contractors, and also the decision on the future direction of the Aquatic Centre.
The term of the Loan proposed for this project would be over ten years. This would be a 1.4% rates increase to complete the work required.
Currently Council is projected to have paid off all loans over the next ten years, this borrowing may have an impact on that outcome, but there is time to work towards a balanced budget.
Under the LGA if Council receives new information about an asset it can notify this, and the resulting consequence, in its next Annual Plan. If the information Council receives was known prior to the Annual Plan being set, and this could affect delivery of service, it would need to put the proposed change to the community for consultation.
A run-to-failure model would mean the facility could close at short notice without a backup plan, which users could find unsettling.
If the facility closed this would affect 30-35 Council positions. Council is obligated to take all practicable steps to retain the staff affected.
The improvements required for Allan’s pool are largely cosmetic. The funding requested for this pool, and for accessibility to it via Flanders Avenue, should ensure it remains functional for approximately ten years, as long as the plant and tank do not require major work. As a stand-alone pool, Allan’s pool could continue to return positive outcomes for Council and the community, however a business case would be needed to confirm that.
Demand on Napier aquatic facilities has not been met for a number of years. Currently there are approximately 500 to 600 learn to swim users at the facility, which without Covid setting disruptions can be as high as 900, along with additional aqua aerobic users, competitive swim training users and recreational users.

ACTION: Officers to seek advice on whether the more detailed information presented in this report is new information in terms of the 2021/22 Annual Plan. Also to clarify Council’s obligations to the community if a run-to-failure model or closure of the facility is the preferred option.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Note the risks to ongoing service delivery at the Napier Aquatic Centre;

b. Note the interdependent relationship with the new aquatic development and the Napier Aquatic Centre capital expenditure requirements;

c. Endorse an additional $8,626,435 of capital funding over 2022/23 and 2023/24 to perform the recommended health and safety and service continuity capital improvements; and

d. Endorse an additional $80,000 of operational expenditure per year of the remaining life of the asset to enable repair and maintenance of end of life components.

Committee's Amended Recommendation

Mayor Wise / Councillor Mawson

The Sustainable Napier Committee:

a. Note the risks to ongoing service delivery at the Napier Aquatic Centre;

b. Note the interdependent relationship with the new aquatic development and the Napier Aquatic Centre capital expenditure requirements;

c. Endorse an additional $8,626,435 of capital funding (loan funded) be included in the Annual Plan 2022/23 over 2022/23 and 2023/24 to perform the recommended health and safety and service continuity capital improvements; and

d. Endorse an additional $80,000 of operational expenditure per year of the remaining life of the asset to enable repair and maintenance of end of life components (funded from existing budgets).

e. Direct officers to prepare a phased plan of the proposed detailed expenditure to bring back to Council for endorsement.

Carried

Councillors Browne, Simpson, and Wright voted against the motion

The meeting adjourned at 4.17pm and reconvened at 4.19pm

2. Aquatic redevelopment: Options for consultation

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1429954
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

2.1 Purpose of Report

The purpose of this report is to recommend to Council the next steps for the new aquatic facility development process.

At the Meeting

Council Officers spoke to the report and showed a PowerPoint presentation (Doc ID: 1436205). It was noted by the Chief Executive that this report was not able to be presented at the Sustainable Napier Committee meeting held on the 10^th of February due to the late arrival of important consultant reports.

In response to questions from the Committee it was clarified:

The purpose of this report is to provide further information to inform a provisional decision on a way forward. This additional information is a geotech analysis of the Onekawa site, a possible site analysis, and a cost analysis. It is acknowledged this is a high interest item and that construction costs continue to rise, so officers will be proceeding with urgency.
The cost of additional investigations, since the development of a new aquatic facility project was halted, has been $223,000.
The Geoff Canham Consulting (GCC) analysis of a preferred aquatic site sought to weight the analysis equally; it is up to the Council to decide if that was the correct way to do the analysis and community feedback can inform that decision.
Financial questions in regards to the two sites can be worked through in more detail at the 10 March 2022 Ordinary Council meeting, along with who is best to answer the questions Elected Members may have, whether that is council officers, consultants or the community.
The Mitre 10 Sports Park 50 metre pool is due to be completed mid-2022, but this aims to cater for high performance sports and swim sports. It will not be a venue for recreational swimmers.
The options for community consultation will not be decided on at this meeting; it will need to go through its own approvals process, and there are ways to structure consultation questions to incorporate more than one option at the Onekawa site.
Three metres is not very deep for a landfill. Onekawa was not a landfill under the current landfill code and practices, it was more of an unregulated tip site.
The Hornby pool and library in Christchurch project is on an old landfill. That project is more advanced, with an architectural masterplan and a large project team. Some key assumptions have had to be made for Onekawa’s risk register, particularly around the level the pool lies. Hornby does not have the shallow ground water issue which Onekawa has, also Onekawa’s soil profile has very low strength materials, which means there is very little strength in the soil. In Hornby steel piles were driven through into gravel, and this mitigates geotechnical risk. Onekawa does not have a solid gravel layer and therefore would require significant ground work to achieve the same ends so piling has not be considered at this point. Also the cost of steel is subject to significant price fluctuations.

ACTION – Elected Members to collate questions and send through to council officers to address.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Note the geotechnical and contamination reports and implications for potential aquatic redevelopment.

b. Note the independent multi-criteria site analysis results for the Onekawa and Prebensen sites.

c. Note the interdependent relationship with the new aquatic development and the work required to extend the life of the existing facility.

d. Note the impact of increasing construction costs.

e. Direct Council Officers to prepare further information for community consultation.

Committee's Amended Recommendation

Councillors Brosnan / Crown

The Sustainable Napier Committee:

a. Note the geotechnical and contamination reports and implications for potential aquatic redevelopment.

b. Note the independent multi-criteria site analysis results for the Onekawa and Prebensen sites.

c. Note the interdependent relationship with the new aquatic development and the work required to extend the life of the existing facility.

d. Note the impact of increasing construction costs.

e. Councillors are to forward all questions to Council Officers to investigate and bring responses back before the Council meeting on 10 March 2022.

Carried

Attachments

1 Aquatic Development presentation.pdf

The meeting closed with a karakia at 4.57pm

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

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

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

Meeting Date:	Thursday 24 March 2022
Time:	9.00am
Venue:	Via Zoom (Audiovisual Link)
	Livestreamed via Council’s Facebook site

Committee Members	Councillor Price (In the Chair), Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Simpson, Tapine, Taylor and Wright
Officers Responsible	Director Infrastructure Services
Administration	Governance Team
	Next Sustainable Napier Committee Meeting Thursday 5 May 2022

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1431134
Reporting Officer/s & Unit:	Robin Malley, Team Leader Transportation

Type of Report:	Legal
Legal Reference:	Reserves Act 1977
Document ID:	1440552
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer