Sustainable Napier Committee

Open Agenda

 

Meeting Date:

Thursday 28 July 2022

Time:

9.30am

Venue:

Large Exhibition Hall
War Memorial Centre
Marine Parade
Napier

 

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

Executive Director Infrastructure Services

Administration

Governance Team

 

Next Sustainable Napier Committee Meeting

TBC

 

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda

ORDER OF BUSINESS

Karakia

Apologies

Councillor Chrystal

Conflicts of interest

Public forum

Napier Pirates Rugby and Sports Club - Aayden Clarke

Announcements by the Mayor

Announcements by the Chairperson including notification of minor matters not on the agenda

Note: re minor matters only - refer LGOIMA s46A(7A) and Standing Orders s9.13

A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

Announcements by the management

Confirmation of minutes

That the Minutes of the Sustainable Napier Committee meeting held on Thursday, 16 June 2022 be taken as a true and accurate record of the meeting............................................................................... 89

Agenda items

1      Napier Pirate Rugby & Sports Club - Park Island Proposal.............................................. 3

2      Three Waters Reform Programme Progress................................................................. 18

3      Three Waters Operational Update................................................................................. 25

4      Capital Programme Delivery......................................................................................... 27

5      Proposed new playground for south-west Taradale....................................................... 43

6      Proposed Project Deferral - Puketitiri Road Upgrade..................................................... 63

7      Land adjacent 18 Sealy Road - Road Stopping............................................................. 66

8      Alexander Park - Unison Easement.............................................................................. 71

9      Road Stopping - Land adjacent to 85 Boyd Road, Poraiti.............................................. 75

10    Lease of Reserve - Napier Frivolity Minstrels (Incorporated)......................................... 79

11    Lease of Reserve - Bledisloe Park - HB Indoor Bowls Assoc......................................... 83

Minor matters not on the agenda – discussion (if any)

Public excluded ............................................................................................................. 88

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 1

Agenda Items

 

1.    Napier Pirate Rugby & Sports Club - Park Island Proposal

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

1474757

Reporting Officer/s & Unit:

Jason Tickner, Team Leader Parks, Reserves and Sportsgrounds

 

1.1   Purpose of Report

The purpose of the report is to seek approval in principle for the Napier Pirate Rugby & Sports Club to locate their clubrooms in the Park Island Northern Sports Hub, and identify the future Council infrastructure required to facilitate the relocation.

.

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Approve in principle that the Napier Pirate Rugby & Sports Club be allowed to locate their new facility to Park Island in accordance with the Park Island Masterplan, subject to;

i.      Detailed building and field design in collaboration with Napier City Council Parks, Reserves and Sportsgrounds team

ii.     Financial estimates being undertaken for the construction of the changing room facilities, rugby field and car parking and reported back to council with funding options

iii.    A lease agreement being prepared and reported to Council for approval

iv.    All appropriate Building and Resource Consents being granted

 

b.     Agree that council officer’s work with the Napier Pirate Rugby & Sports Club to finalise the details of this proposal and report back to council for decision.

 

 

1.2   Background Summary

Over the last 10 years Park Island has had two Masterplans and corresponding District Plan Change endorsed by Council to ensure that the park would meet the current and growing needs of the community.

As part of the Masterplan Process, Napier Pirate Rugby and Sports Club advocated to be “fully relocated from Tamatea Park onto Park Island with allocated fields and a clubroom facility. This is driven by growth in the club membership (now over 500 members). The Club’s activities are fragmented between use of Tamatea Park and Park Island (Tremain Fields for ’home’ rugby games). This fragmented delivery has been difficult to manage and the Club has reluctantly consolidated more on Tamatea Park, which now suffers from chronic over-use. The Club needs an integrated solution that most other clubs have, with a clubroom facility adjacent to several fields for use by the club for games and training. Park Island is the logical location as the majority of members live locally” (Boffa Miskell, 2016, PARK ISLAND NAPIER, Master Plan [pg23].)

The Club have now formally approached Napier City Council with a proposal to relocate their facilities to Park Island in accordance with the Park Island Master Plan. They have also approached Council seeking a financial contribution towards construction half of the changing facilities. The full proposal and concepts have been appended. There is also need to provide car parking and field facilities as part of the relocation.

Figure 1 - Concept of proposed clubrooms and field facility

Figure 2 - Concept layout in accordance with the Masterplan

1.3   Issues

The completion of this project is reliant on the Council making a financial contribution through the Long Term Plan in 2023/24 and 2024/25 for the construction of the changing facilities, the associated field construction and car parking area. This funding is not currently included in the Long Term Plan.

If this proposal is approved and the Club successfully relocates, then it will result in Tamatea Park no longer being the “home” ground for Napier Pirate Rugby and Sports Club and it will be appropriate for Council to consider the future of this park.

1.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

This matter is not considered to trigger the Significance and Engagement Policy. The future of Park Island has already been consulted on via the Park Island Master Plan and

Plan Change 11. The District Plan therefore anticipates and provides for this development.

 

The proposal has been discussed with the Hawkes Bay Rugby Union, who are the closest neighbour to the proposal, and a letter of support received. 

 

Under the Sports Park Zone rules of the District Plan, the proposal will likely trigger a Discretionary Resource Consent under Rule 48.7.1(b) – licensed premises. The need for public notification and consultation will need to be assessed by the Councils Planning team at this stage of the process.

1.5   Implications

Financial

The Club currently own their site at 8 Durham Ave, Tamatea, and Officers understand that the sale of this site will provide the majority of funding for the new clubrooms. Furthermore, the club has the option to pursue fundraising opportunities once approval is principle has been provided by Council.

The Club’s proposal also requests that Council part fund the proposed changing facility. There are a number of examples where Council /club changing rooms have been built including Taradale Sports Association (Taradale Park) and Taradale Rugby and Sports Club (Tareha Park) where this ownership and management model has worked well.

Detailed costing of the proposal have not yet been undertaken. Officers intend to work with the Club to ensure that community needs can be met in conjunction with the Clubs proposals. This will be followed by a detailed financial analysis to determine an appropriate cost sharing arrangement so that Councils contribution could be considered as part of the 2023/24 Annual Plan process or through a separate funding paper to Council.

There is not currently any funding set aside in the Long Term Plan for a contribution to these changing rooms, or the development of the associated field or the carpark development.

It is worth noting that Financial Contributions have been calculated on the basis of the anticipated expansion of Park Island to facilitate growth of the city. Therefore any funding request will be from the Financial Contribution (growth) fund.

Social & Policy

The establishment of the facility aligns with the following Community Outcomes and Strategic Goals from the 2021 LTP;

·     Our services and facilities provide for the social, cultural and recreational needs of our community, and;

·     Our community’s wellbeing and city vibrancy will be enhanced through our encouragement of sport, culture and events.

The development of the facility meets the intent of the Masterplan in providing the Napier Pirates with room for the development of their club and club rooms. This proposed location aligns with the master plan for the park.

Risk

The main risks foreseen with the proposal are:

a.   Risk of their being a shortfall in Club funding to build the facility

b.   Risk to the Club of Council not funding the required infrastructure associated with the new clubrooms (i.e. changing rooms, car parking and field/s)

c.   Issues with consenting and licencing for the new clubrooms (i.e. liquor licencing, resource consenting and building consent).

d.   Delays in construction of associated facilities due to funding timing and/or contractor/material availability 

1.6   Options

The options available to Council are as follows:

a.     Approve the Club proposal in principle and commence the next stage of detailed design, costings, and drafting lease agreement

b.    Approve the Club request in principle, but decline the request for a changing room facility, noting that council would most likely need to build a separate changing facility.

c.     Decline the Club proposal on the basis that the club should either stay in their current locations or look at other options

1.7   Development of Preferred Option

a.   Approve in principle the proposal from Napier Pirate Rugby & Sports Club to locate their new facility with in the Park Island Northern Sports Hub in accordance with the Park Island Masterplan and Plan Change 11, subject to;

i.    Detailed building and field design being undertaken in collaboration with Napier City Council Parks, Reserves and Sportsgrounds team

ii.    Detailed costings being prepared for the construction of the changing room facilities, rugby field and car parking being undertaken and reported back to Council with funding options

iii.   A lease agreement being prepared and reported to Council for approval

iv.   All appropriate Building and Resource Consents being granted

 

b.   Agree that council officer’s work with the Napier Pirate Rugby & Sports Club to finalise the details of this proposal and report back to council for a decision.

 

1.8   Attachments

1      Napier Pirates New Clubrooms Proposal    


Napier Pirates New Clubrooms Proposal

Item 1 - Attachment 1

 












Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 2

2.    Three Waters Reform Programme Progress

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1469296

Reporting Officer/s & Unit:

Russell Bond, Manager Water Strategy

 

2.1   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.     Receive the report on the Three Waters Reform Programme

 

 

2.2   Background Summary

Three Waters Reform Programme was launched by the Government to reform local government three waters (3W - 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 DIA to the tune of $12.5m 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 community and Māori/iwi engagement

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

        Crown Infrastructure Partners, on behalf of the Department of Internal Affairs, has confirmed that the funding period has been extended 6 months (30 June 2022 until 31 December 2022). At the time of writing this report, the mechanisms for how this will work are yet to be formally agreed.

2.3   Issues

The programme continues to experience on-going delays due to Covid-19 related disruption within the supply chain, including:

•       Procurement of materials and equipment, including water quality analysers.

•       Sub-contractors and third party utilities providing services to the projects.

These issues have been further exacerbated by resource constraints within the water sector across the motu, arising from;

•       A busy market sector with other local government authorities delivering Water Reform programmes.

•       Enforced border closures/restrictions.

The overall impact of these delays across the programme is that the water reform budget will not be fully spent before the 30 June 2022 DIA funding date. As advised above, the DIA funding date has been extended 6 months until 31 December 2022. At this stage we ancipate the remaining DIA funding will be spent within the next 3 months. This will allow the Water Reform Programme to be completed and closed prior to the 31 December 2022 date.

2.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

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 consulted with residents during the 2020/2021 summer break around what the community saw as key issues. 3W concerns were highlighted by this consultation, noting that some of the projects in the reform programme going some way to addressing these concerns in combination with “business as usual” work.

2.5   Implications

Financial

Council has been given $12.51m of funding by 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 the MOU, including hours spent by staff on each activity.

Actual Spend to 30 June 2022 is $12.0m, with $0.51m of DIA funding yet to be spent. Of this $0.51m, $0.06m will not be spent due to savings in the projects which it was tagged to. It has been agreed with the DIA that this unspent budget can be reallocated to co-funded projects in order to reduce the co-funding budget contributed by Council.

The remaining $0.45m of unspent DIA budget is made up of the following projects which are forecast to complete over the next 2 – 3 months.

•       Project 2 – Water Safety Plan Improvements ($0.20m)

•       Project 5 – Review of Private Water Supplies ($0.14m)

•       Project 6 – Peer Review 3W Models + MasterPlans ($0.06m)

•       Project 14 – Iwi Engagement + Cultural Values Assessment ($0.05m)

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

$10.05m

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

$1.95m

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

$520k

        Progress:

The programme continues to be very much delivery focussed, with supply chain engaged, and design and construction works on-going. A number of projects are now complete, or nearing completing from a DIA funding perspective as detailed below. 

The following projects are now considered complete or closed from a DIA funding perspective:

•       Project 1 – Water Quality Improvement (Low Manganese Water)

•       Project 3 - Fire Flow Network Upgrades to meet Levels of Service

•       Project 4 - Parks Water Bores

•       Project 7 - Scoping Three Waters Master Plan Projects

•       Project 8 - Te Awa Structure Plan and 3 Waters Infrastructure

•       Project 10 - Asset Management Systems and Data Collection

•       Project 9 – Pandora Industrial Wastewater

•       Project 11 - Delivery Improvement Review

•       Project 12 - Maintenance Management Practices

•       Project 15 - Regional Projects

From a DIA funding perspective, the following projects are forecast to complete by the end of July :

•       Project 2 – Water Safety Plan Improvements

•       Project 5 – Revew of Private Water Supplies (Meeanee)

•       Project 6 – Peer Review 3W Models + MasterPlans

•       Project 13 – Water Essential Services Plan + Structure Plans

•       Project 14 - Iwi Engagement and Cultural Values Assessment

        Social & Policy

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

        Risks

No new risks have been identified this month.

As discussed in last month’s report, the risk of further Covid-19 related disruption to the Water Reform Programme remains.  However, the impact of this risk has been mitigated by the DIA funding period having been extended until 31 December 2022 (refer Section 5.2 above).

2.6   Options

The options available to Council are as follows:

1.     To receive this report on Implementation of the Three Waters Reform Project, or

2.     Not receive this report on Implementation of the Three Waters Reform Project.

2.7   Development of Preferred Option

This report is for information purposes only.

 

 

2.8   Attachments

1      Three Waters Reform Progress June 2022    


Three Waters Reform Progress June 2022

Item 2 - Attachment 1

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 3

3.    Three Waters Operational Update

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1479402

Reporting Officer/s & Unit:

Philip Kelsen, Team Leader 3 Waters Operations Planning

 

3.1   Purpose of Report

To give an update on Three Waters Operations Planning activities.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Receive the Three Waters Operational Update report.

 

 

3.2   Background Summary

        The Three Waters Operational Team are working on the following key operational matters.  There is also continuation of the matters that were reported to the Sustainable Napier meeting on 16 June 2022.

 

· WWTP – Waste Water Treatment Plant Outfall

Outfall leaks. First leak repaired. Partial repair on second leak – found to be leaking from an existing repair. Working through potential solutions.

 

· Latham Street inlet valve to Waste Water Treatment Plant.

Major valve replacement involving around 25 personnel (City Services, Three Waters Team and Contractors) working through the night to replace the 600mm diameter valve. This critical valve replacement will enable further projects to be undertaken including air valve replacement and flowmeter installation on the Latham Street Waste Water Pump Station rising main.

 

· Storm Water (I&I) Inflow and Infiltration

Smoke testing to determine inflow and infiltration began 12 July 2022.  Smoke testing involves forcing non-toxic smoke into storm water or waste water pipes and by observing where the smoke comes out we can identify potential cross connections.

Second contractor arranged to start soon.

 

· Drinking Water Reservoir Inspections.

Submersible drone inspections being carried out on all drinking water storage reservoirs. These inspections are to inform us of the condition of the reservoirs with a focus on water quality and structural condition. The reservoirs listed below are being inspected and to date photographs undertaken of Enfield (as per June 2022 Three Waters Operations Report) and Thompson 1, 2 and 3. Show a small amount of sediment but otherwise indicate fairly good condition.

Enfield

Thompson 1, 2 & 3

Taradale 1 & 2

Haliwell

Tironui

Otatara

Franklin small and large (Bayview)

3.3   Issues

WWTP – Waste Water Treatment Plant

      There are ongoing issues with the WWTP Outfall with leaks being detected from time to time resulting from different scenarios. Of the two leaks recently detected the first one has been repaired and a partial repair has been undertaken on the second leak while options are being worked through.

      The replacement of the outfall is programmed and consent matters are currently being worked through.

3.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

3.5   Implications

Financial

Not applicable as this report is only for information.

Social & Policy

Not applicable as this report is only for information.

Risk

Not applicable as this report is only for information.

3.6   Options

a. Receive the 3 Waters Operational Update report, or

b. Not receive the 3 Waters Operational Update report

3.7   Development of Preferred Option

Not applicable as this report is only for information.

 

3.8   Attachments

Nil


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 4

4.    Capital Programme Delivery

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1475042

Reporting Officer/s & Unit:

Jamie Goodsir, Acting Director Programme Delivery

 

4.1   Purpose of Report

To provide Council with information on the FY22/23 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”.

 

 

4.2   Background Summary

        Situational update

Council has now set its FY22/23 Capital Plan at $99.4M. This programme of work comprises 299 individual projects.

Last year, FY21/22 was set at $64.4M and $44.2M was achieved.

It is important to note that a number of Covid-19 related issues continue to impact Napier’s capital programme delivery, both in terms of project planning and construction.  Completion dates for some phases of work on some projects continue to push out.

Council is introducing a number of initiatives aimed at increasing our capital programme spend.  Several of these initiatives are underway now and are detailed further in this report.

Future Reports

As mentioned in the last Sustainable Napier Report dated 22 June 2022, Officers intend reporting on projects underway across Council not just those projects that sit within the Programme Delivery Team.

Programme Delivery projects are reported at Attachment 1, and Three Waters projects at Attachment 2.  By reporting on work underway in other teams, Council will have better visibility on our capital programme delivery progress.

A new report on selected projects identified as Priority Areas in the FY22 / 23 Annual Plan has also been attached to this report, Attachment 3.

A graph of the budgeted capital programme spend ($99.4M) versus actual spend, will be included in future reports. 

Further refinements to this report can easily be made if required.


 

Capital Programme Summary

Currently, the Programme Delivery team have over 50 projects in progress, to the value of $60M some of which is spread over several financial years.

Other asset teams are underway on capital projects as well, and the table below captures the quantum.

 

Team

Numbers of Projects

Approximate Value ($)

Programme Delivery

54

60M

Transportation

12

7M

Property Assets

8

13M

3 Waters

92

37M

Community & Visitor Experiences

18

20M

City Strategy

27

10M

Building Asset Management

24

3M

Current total

235

$150M

 

        Projects Going to Tender this reporting round

The following projects are currently progressing through the tender phase:

·    Napier War Memorial Restoration Project  - Future Procurement Opportunity (A pre-tender notification sent to interested parties)

·    Transfer Station Cash Handling and Site Security

       

        Tenders in Evaluation Stage this reporting round

·     Building Warrant of Fitness Services

 

Contracts awarded this reporting round

The following projects have successfully completed the procurement process in this reporting period:

·     Taradale Library Air-conditioning Upgrade

·     Onslow Steps Renewal

·     Napier City Council Civic Building Demolition

 

Projects nearing / at completion this reporting round

The following projects are nearing the completion of their construction phases:

·    FW2 Fire Flow Network Upgrades (August)

·    Ellison St - Marine Parade Safety Improvements  (September)

·    Parklands Area 3 Stage 8,9,10 & 12 (September)

·    Eriksen / Kenny Rd Intersection Upgrade (August)

 

 

Processes Undergoing Review

In order to improve programme delivery performance, a number of initiatives and reviews are in progress, or already implemented. The objective of these reviews is to ensure Council’s programme delivery processes are best practice, fit for purpose and consistent. 

A selection of these work packages are summarised below:

        Council’s Project Management Framework (PMF) review

        Council is underway with a review of the following PMF stages to ensure best practice:

·     Project Classification

·     Project Lifecycle

·     Roles and Responsibilities

·     Project Governance

·     Project Reporting

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

        Project Financial Reporting

Council Officers will reassess what level and detail of financial information is required to enable project teams to accurately track spend on projects.  This review will be informed by other planned packages of work relating to the Project Management Framework.

        Programme and Project Reporting

Council Officers are reviewing the reporting capabilities of Sycle, Council’s Project Management software, with the intention of ensuring Council’s reporting requirements are optimised.

The provision of additional software capability in this area is also underway, to give Council better visibility across the progress of our capital programme, and to help prioritise, programme and manage its successful delivery.

        Project Management Training

Introductory training on Project Management fundamentals is underway. This ‘101’ style Project Management training is intended for staff new to project work.  Four of the five training modules have been completed.  Further training sessions are programmed, as well as some higher level training for our current project managers.

Delivery Capacity Constraint improvement initiatives

The Three Waters Technical Panel of consultants and the Project Management Panel of consultants are already in place and are significantly augmenting internal resource capacity.

Both panels have numerous projects already assigned, with further projects planned for allocation over the coming months.

The City Services team are also gearing up to assist with capital programme works when they have capacity. 

There is a clear indication of an increased level of focus and collaboration occurring across the business to improve programme delivery.

 

 

4.3   Issues

Industry Capacity

Many projects, both Council and privately delivered, are experiencing delays relating to resourcing and materials constraints as a result of Covid-19.  Council’s Project Management / Design panels will similarly come under pressure due to increased demands.

 

Council is currently recruiting across multiple teams to increase the capacity of staff required to deliver the capital programme.

4.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

4.5   Implications

Financial

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

Social & Policy

The Centennial Hall flooring replacement and lighting upgrade project fully opened on 23rd June 2022.  There is more work to do in the mezzanine spectator area, and assessments as to what that entails are underway.

Risk

Significant project risks are reported to Council separately via the Audit and Risk Committee.  As previously reported, capacity constraints across Asset and Activity Management sectors of Council continues to present a risk to programme delivery.

4.6   Options

This report is for information purposes only.

4.7   Development of Preferred Option

This report is for information purposes only.

 

4.8   Attachments

1      Programme Delivery  

2      3 Waters  

3      Priority Area Projects    


Programme Delivery

Item 4 - Attachment 1

 





3 Waters

Item 4 - Attachment 2

 



Priority Area Projects

Item 4 - Attachment 3

 



Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 5

5.    Proposed new playground for south-west Taradale

Type of Report:

Procedural

Legal Reference:

Reserves Act 1977

Document ID:

1475727

Reporting Officer/s & Unit:

Tania Diack, Parks Policy Planner

Jason Tickner, Team Leader Parks, Reserves and Sportsgrounds

 

5.1   Purpose of Report

To propose Trigg Crescent Reserve as the most suitable area for installing a new playground in south-west Taradale and to carry out public engagement on this basis.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Endorse the recommendation to install a new playground on Trigg Crescent Reserve as per the ‘New Playground Assessment - Taradale South-West’ attached to this report

b.     Approve public consultation to be undertaken on the basis the installation of a new playground will be in Trigg Crescent Reserve and to assist with finalising design.

 

 

5.2   Background Summary

A Playground Strategy prepared in 2019 identified that Napier City Council should investigate options to improve play opportunities in the south-west area of Taradale within 2-5 years.

In addition a number of public enquiries have been received from the community regarding the lack of play equipment within walking distance in this area of Taradale. The only existing play equipment is located either near the river (Riverside Park) or the Taradale shopping precinct (Taradale Park). 

A submission on this matter was also received for the 2021 LTP process where Council Officers were to investigate funding options and it was confirmed that funding was not available to us through Tū Manawa Active Aotearoa given this is the development of capital infrastructure.

The attached assessment (Attachment 1) has been prepared to determine which of the four existing Council owned reserves in the Taradale south-west area is the most suitable site to install a new playground based on a number of criteria such as; location; topography; surveillance and sightlines; the reserve layout; existing vegetation, and; access and car parking.

Figure 1 shows there is a clear area to the south-west that does not offer a playground within a 500 m walking distance for many dwellings, clear of Taradale Park and Riverside Park.  The four Council owned reserves being considered are Hetley Crescent Reserve, Trigg Crescent Reserve, Otatara Pa Hillside Reserve and Otatara Heights Reserve.

 

Blue circles – Parks with Playground 500m radius

Green shapes – Parks and Reserves land

Orange square – Area of investigation

Figure 1 - Map Taradale South-West

 

5.3   Issues

A multi criteria assessment has been undertaken and has determined that Trigg Crescent Reserve is the preferred location for the playground. By endorsing the Officers recommendation on the preferred playground location some within the community may feel they have not had an opportunity to provide their preference on the location for the playground

It should be noted that there will public engagement undertaken on the Trigg Crescent playground design and placement within this reserve if the recommendation is endorsed.

5.4   Significance and Engagement

        During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

Using the stated criteria in Schedule 3: Significance criteria and factors of the ‘Significance and Engagement Policy’, this proposal is not considered to trigger the requirements of the Significance and Engagement Policy.  Regardless, consultation will still be undertaken with the Taradale community with the engagement focused on what the playground should consist of rather than where it should be located.

5.5   Implications

Financial

The Parks, Reserve and Sportsgrounds team has $200,000 (excl. GST) under the current budget to build the proposed playground. This is funded from the financial contributions (Growth related) fund.

Social & Policy

The proposed playground proposal aligns with the Community Outcomes outlined in the Annual Plan for Community and Visitor Experiences “Excellence in infrastructure and public serves for now and in the future” and “A safe and healthy city that supports community well-being”.

A playground can be installed without the need to obtain a building consent or a resource consent.

Risk

The main risks of the proposal are as follows:

a)   Location Preference – There is a risk that some in the community may wish for the playground to be installed at one of the other three reserves

b)   Enough Playgrounds – There is a view that we have enough playgrounds in Napier based on recent submissions for the City Wide Reserve Management Plan pre-engagement (63% of respondents thus far).  However Napier is below the national median of 3.9 playgrounds / 1000 children we currently sit at 2.9 playgrounds / 1000 children (even lower for Taradale at 2.6 playgrounds / 1000 children) using Yardstick benchmarking.

5.6   Options

The options available to Council are as follows:

a.     Endorse and approve the recommendation to install a new playground on Trigg Crescent Reserve with public consultation to be undertaken to determine what the playground should consist of

b.     Direct Council staff to consult the public on all four Council owned reserves as to their preference for playground location

c.     Delay the engagement and installation of new playground to investigate alternative areas within Napier

5.7   Development of Preferred Option

d.     Endorse and approve the recommendation to install a new playground on Trigg Crescent Reserve with public consultation to be undertaken to determine what the playground should consist of

 

5.8   Attachments

1      New Playground Assessment - Taradale South-West    


New Playground Assessment - Taradale South-West

Item 5 - Attachment 1

 


















Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 6

6.    Proposed Project Deferral - Puketitiri Road Upgrade

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1479199

Reporting Officer/s & Unit:

Robin Malley, Team Leader Transportation

 

6.1   Purpose of Report

To obtain Council approval for deferring physical construction of upgrades to Puketitiri Road until funding can be secured from the National Land Transport Programme.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Approve deferral of major physical improvement works on Puketitiri Road until such time as the project can be funded from available sources.

b.     Direct the Chief Executive to continue with professional services to enable detailed estimates and work programmes to be developed, including any land purchases.

 

 

6.2   Background Summary

Puketitiri Road provides a key linkage between urban Napier and rural communities to the west of the Taradale Hills such as Rissington and Puketitiri. In addition to normal rural-residential, agricultural and horticultural traffic, it is used to transport logs from the ranges to Napier Port. It provides a diversion route for State Highway closures on SH5 between Eskdale and Glengarry.  The 3km section between Fryer Road and Quarry Ridge is characterised by limited width, poor forward visibility, no widening on corners, no shoulders or footpaths; and banks and drops to the sides.

Studies on the route have been undertaken for Council for a number of years, including a route assessment and concept design produced in 2016/17. More recently, in the context of the proposed Mission Hills residential development, which includes a new intersection with Puketitiri Road near the intersection with Poraiti Road, design requirements have been reviewed. Currently Council officers are working towards the preparation of resource consents, undertaking geotechnical investigations and determining land requirements.

Council has engaged with Waka Kotahi in developing a Business Case for funding this work as a stand-alone project, but this was not supported. A staged approach to the upgrade was included in the Draft 2021-24 Regional Land Transport Programme and Draft 2021-24 National Land Transport Programme.

6.3   Issues

The first stage (Fryer Road to Poraiti Road) was included in Council’s 2021-24 National Land Transport Programme (NLTP) bid, and approved for funding in the Draft NLTP. However, the National Land Transport Fund (NLTF) was oversubscribed in the context of lower revenues and after a number of reviews, the programmes of approved organisations were reduced to suit available funding. The reviews also delayed final confirmation of programme funding until after Long Term Plans had been adopted and Council budgets had been confirmed. Napier’s final allocation did not include funding assistance for the Puketitiri Road Upgrade project.

Rough order cost estimates for Stage 1 calculated this year place project costs over $4,000,000, exceeding budget irrespective of NLTF co-funding. It will not be possible to complete the first stage within the current funding allowances.

6.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

The recommended resolution of this report does not meet the criteria for significance as detailed in Council’s Significance and Engagement Policy.

6.5   Implications

Financial

The 2021-31 Long Term Plan included budget provisions of $2,060,000 for undertaking the first stage of the upgrade, on the section between Puketitiri Road’s intersections with Fryer Road and Poraiti Road. The 2022/23 Annual Plan includes a budget of $1,390,500, with $669,500 deferred into the 2023/24 Annual Plan to offset carry forwards in other projects. Revenue of $1,050,600 across the two years is also budgeted to reflect the funding assistance anticipated at the time of compiling the Long Term Plan. The net cost to Council (local share) as budgeted is $1,009,400.

The recommended resolution of this report ensures that expenditure remains within the budgeted net cost to Council, therefore having no net impact on forecast budgets.

Social & Policy

The Puketitiri Road upgrade project was signalled as a key project in the Long Term Plan 2021-31 activity statement and there will be a community expectation that Council will deliver on that commitment. At least one submission has been made to the last two Long Term Plan processes supporting improvements to Puketitiri Road. A deferral will be a disappointment to many users, both from within Napier and Hastings District residents who use it regularly.

Some landowners along the route will be seeking confidence in Council’s intentions, to enable them to plan for future development or use of their property. The recommended option will enable officers to more accurately define any property impacts or opportunities and share these with affected landowners.

Risk

Deferring any road environment upgrade which includes elements of safety will increase risk exposure to road users. The 2021 Speed Limits Bylaw reduced the legal speed limit on Puketitiri Road to 80km/h. While this will reduce the chance of serious harm as a result of an accident, the road environment will remain largely the same for a longer period of time than was planned.

6.6   Options

The options available to Council are as follows:

a)   Continue with professional services to enable detailed estimates and work programmes to be developed, including any land purchases. This will utilise the local share funding (effective budget $1,050,600). Defer Construction phases until at least the 2024-27 NLTP period. This is the recommended option.

b)   Continue with professional services as Option ‘a’, but include enabling works and land purchases, utilising the published expenditure budget of $2,060,000. Defer construction phases until at least the 2024-27 NLTP period.

c)   Cease any further work.

6.7   Development of Preferred Option

 

Current pressure on Council finances due to rising operational costs and increased demand for capital expenditure dictates that the way forward should not result in any net increase to costs against the Annual Plan budget. With NLTF funding not being available, the expenditure should be reduced accordingly to a revised budget of the ‘local share’ only.

 

The choice of whether to continue with the current investigative and design processes in favour of reducing expenditure now and carrying out these tasks closer to construction time, is influenced by the need for assurance. If current exercises continue, the community, Council and Waka Kotahi will have greater confidence in the scope and impact of the final project outcomes. For the community this may mean understanding any land requirements or impact on their properties; for Council it will mean greater confidence in project construction estimates, being able to initiate negotiations on any land purchases or sales and having finalised designs; and for Council working with Waka Kotahi, it will provide both parties with a firm picture of the costs and benefits of the project.

 

Prior to re-presenting the project to Waka Kotahi and the 2024-34 Long Term Plan, officers will also evaluate the delivery methods of the project, including identifying the most critical elements and generation of a programme of isolated works based on this. Any alternative works delivery options will be compatible with a full corridor upgrade to avoid any duplication of work and to maximize flexibility and adaptability.

 

 

6.8   Attachments

Nil


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 7

7.    Land adjacent 18 Sealy Road - Road Stopping

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

1480379

Reporting Officer/s & Unit:

Robin Malley, Team Leader Transportation

 

7.1   Purpose of Report

To obtain Council approval to initiate the road stopping process in accordance with the 10th Schedule of the Local Government Act 1974, and the subsequent sale of approximately 65m2 of current legal road to the adjoining owners at 18 Sealy Road.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Pursuant to Section 342 of the Local Government Act 1974, initiate the stopping of approximately 65m2 of legal road, adjacent to 18 Sealy Road, in accordance with the Tenth Schedule of the Local government Act 1974;

b.     Note that a condition of the Tenth Schedule is to publicly notify the proposed road stopping; and

c.     That upon completion of the Tenth Schedule stopping process, the stopped road is sold to the adjoining owners at 18 Sealy Road at valuation plus all associated legal, survey and advertising costs. Further, the land is to be amalgamated with the purchasers land and held in one record of title incorporating easements to protect access to Council and other utility provider’s assets.

 

7.2   Background Summary

The garage with a deck above it, part of the driveway and some gardens at 18 Sealy Road are currently on legal road known as the Harvey Road steps. This encroachment does not impede the use of the steps, which occupy only half of the legal road reserve. The encroachment is within the ‘unused’ section, which is generally at a higher level than the walking route, supported by a retaining wall.

In 1993 Council approved the construction of the garage on the legal road with the condition that the encroachment be dealt with by a licence to occupy (LTO). Subsequent owners of the property have all signed a new LTO. The land proposed to be stopped is only used by the owners and/or any visitors to their property as it provides access to the dwelling. The LTO covers an area of approximately 103m2. This is shown at Attachment 2. The area of road reserve to be stopped and sold would be significantly less at 65m2. This is shown at Attachment 1.

The existing owners purchased the property in early 2021 and while they have a LTO for this area, they have requested the road be stopped and sold to them. Council’s Transportation Team have agreed to this in principle and the owners have agreed to pay all costs including legal, survey, advertising and valuation fees as well as the purchase price.

The proposed sale will not impede public access to the Harvey Road steps nor will it interfere with the current use of either the road or the steps. The land in the proposed sale is currently used exclusively by the owners of 18 Sealy Road.

The area to be stopped and sold to the owners of 18 Sealy Road is shown on the attached aerial plan outlined in orange.

7.3   Issues

The area of road incorporated within the LTO includes the garage, some areas of landscaping, a section of the retaining wall which runs most of the length of Harvey Road Steps, a street light (and associated underground cabling) and potentially a Napier City Council water main.

The sale of this area would introduce the requirement for easements in favour of Council and possibly other public utilities, subject to survey. With regard to the retaining wall, the new title boundary would have to either include the whole structure, including foundations, for the property owner to maintain; or completely exclude the structure, leaving Council with the responsibility of maintaining it, along with the remaining length.

In order to avoid the risks associated with these issues, officers propose that the area to be stopped and sold is significantly less than the area covered by the existing LTO. This avoids known Council assets while still enabling the land owner to include the land on which their driveway and garage are located within their property title.

7.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

The Tenth Schedule requires public notification of the road stopping. This is by way of notices in the local newspaper and signage at each end of the proposed stopped road. Any member of the public has 40 days to object to the road stopping.

The final decision on whether or not to approve the road stopping must take account of any objections.

7.5   Implications

Financial

The sale of the land will be at market value as determined by an independent valuation from Council’s valuers.

There are no other cost implications to Council.

Social & Policy

The Harvey Road Steps are very well used, particularly by students of Napier Girls’ High School, Sacred Heart College and Napier Central School. However, due to the physical characteristics of the route, neither the LTO nor proposed stopped part of the corridor reduce the effective capacity. If the LTO area were to be stopped and sold, then the opportunities for future improvements may be constrained.

Risk

This proposal carries limited risk to Council. By stopping a smaller area than was occupied under the LTO, Council assets would remain within legal road reserve.  

As much of the subject area is already occupied with buildings and a driveway, there are no negative impacts of Council relinquishing control. 

Each application to Council for either an LTO or road stopping is determined individually and therefore any potential material impacts on assets or use of and future improvements to the corridor can be assessed and considered in its determination. Further, officers are working towards the development of a new Encroachments Bylaw for Napier, which will provide Council and the community with clear framework for encroachments into public space, providing confidence in the criteria and conditions for their use, as well as fees and charges for processing and retention. 

7.6   Options

The options available to Council are as follows:

a.     Pursuant to Section 342 of the Local Government Act 1974 to initiate the stopping of approximately 65m2 of legal road, adjacent to 18 Sealy Road, in accordance with the Tenth Schedule of the Local government Act 1974;

b.     Pursuant to Section 342 of the Local Government Act 1974 to initiate the stopping of approximately 103m2 of legal road (the LTO area), adjacent to 18 Sealy Road, in accordance with the Tenth Schedule of the Local government Act 1974;

c.     To decline the request for stopping of legal road adjacent to 18 Sealy Road.

7.7   Development of Preferred Option

The existing LTO has been in place for many years and has not caused any issues for Council either in maintaining its assets or ensuring a useable route along Harvey Road Steps. However, even with the security of easements, future management and development of assets may be compromised. Further to this, ownership brings more rights than a licence and the erection of fences, planting of trees or other property developments may reduce visibility for users or introduce restrictions over current use.

The reduced area allows the property owner to have confidence that the future of their property investment is secure, whilst minimising risk to Council and the community.

 

7.8   Attachments

1      Indicative Plan Showing Proposed Road Stopping and Sale Area.  

2      Indicative Plan Showing Existing LTO Area.    


Indicative Plan Showing Proposed Road Stopping and Sale Area.

Item 7 - Attachment 1

 


Indicative Plan Showing Existing LTO Area.

Item 7 - Attachment 2

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 8

8.    Alexander Park - Unison Easement

Type of Report:

Operational and Procedural

Legal Reference:

Reserves Act 1977

Document ID:

1467839

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

8.1   Purpose of Report

To obtain Council approval for a power easement under Alexander Reserve.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Recommend that Council approves, as administering body, under section 48(1) of the Reserves Act 1977, the grant of a power easement to allow a power cable be direct drilled under Alexander Reserve (being part Lot 3 DP7354).

b.     Recommend that Council approves, in exercise of the Ministerial consent (under delegation from the Minister of Conservation), the granting of the above easement.

 

8.2   Background Summary

Unison have requested Council approval to install fibre and power ducts under Alexander Reserve. This is part of their stage 1 connection from Faraday Street to Marewa. This route needs to be taken due to constraints in the Kennedy Road corridor.

The proposal provides for the cable to be deep enough that it will not impact on either the drain or the reserve and/or any trees.

The proposal has the support of Council’s Team Leader Parks, Reserves and Sportsgrounds.

Attached is a concept plan and aerial plan of the area.

8.3   Issues

There are no issues.

8.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

Mana whenua were consulted but no issues raised.

Section 48(1) of the Reserves Act 1977 authorises the administering body (Council) to grant power easements over reserves.

The section 48 process for granting an easement over a reserve is subject to a requirement for public notice under section 48(2). However, under section 48(3) if the reserve is not likely to be materially altered or permanently damaged and the public’s rights over the reserve are not likely to be permanently affected, notice is not required.

There is unlikely to be any permanent damage or material alteration with regards the proposed power cable.

8.5   Implications

Financial

There are no financial risks to Council.

Social & Policy

Not applicable.

Risk

There is no risk to Council.

8.6   Options

The options available to Council are as follows:

a.     To approve the installation of fibre and power ducts by Unison under Alexander Reserve.

b.     To decline the installation of fibre and power ducts under Alexander Reserve.

8.7   Development of Preferred Option

Option (a) is the preferred option to ensure continuity of power throughout the city.

 

8.8   Attachments

1      Proposed power easement plans    


Proposed power easement plans

Item 8 - Attachment 1

 



Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                               Item 9

9.    Road Stopping - Land adjacent to 85 Boyd Road, Poraiti

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

1472182

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

9.1   Purpose of Report

To obtain Council approval to initiate the road stopping process in accordance with the 10th Schedule of the Local Government Act 1974, and the subsequent sale of approximately 776m2 of current legal road to the adjoining owners at 85 Boyd Road, Poraiti.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Pursuant to Section 342 of the Local Government Act 1974, initiate the stopping of approximately 776m2 of legal road, adjacent to 85 Boyd Road, Poraiti in accordance with the Tenth Schedule of the Local Government Act 1974;

b.     Note that a condition of the Tenth Schedule is to publicly notify the proposed road stopping; and

c.     That upon completion of the Tenth Schedule stopping process, the stopped road is sold to the adjoining owners at 85 Boyd Road at valuation plus all associated legal, survey and advertising costs. Further, the land is to be amalgamated with the purchasers land and held in one record of title.

 

 

9.2   Background Summary

Two driveways, one being the main vehicular access to the dwelling, part of the front lawn and a pedestrian access from a second garage at 85 Boyd Road are currently on legal road.

The area is shown on the attached aerial plan and occupation diagrams.

The owners of 85 Boyd Road became aware that the front of their property encroached onto Council’s legal road and approached Council officers in earlier 2021 to discuss the option of having the legal road stopped and purchasing it.

This has been agreed to in principle by Council’s Transportation Team, and the owners have agreed to pay all costs including legal, survey, advertising and valuation fees as well as the purchase price.

The proposed sale will not restrict any access past the property to the end of Boyd Road or to any other properties. The land in the proposed sale area is currently used exclusively by the owners and visitors of 85 Boyd Road and is fenced into their property.

9.3   Issues

There are no issues.

9.4   Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

The Tenth Schedule requires public notification of the road stopping. This is by way of notices in the local newspaper and signage at each end of the proposed stopped road. Any member of the public has 40 days to object to a road stopping.

The final decision on whether or not to approve the road stopping must take account of any objections.

9.5   Implications

Financial 

The sale of the land will be at market value as determined by an independent valuation from Council’s valuers. 

There are no operational cost implications to Council. 

Social & Policy 

Not applicable. 

Risk 

With any divestment of public reserve land there is an element of risk to Council. At its lowest level the risk will be confined to the removal of future options for use of the land, primarily improvements.  As the complexity and criticality of the route along which the land is located increases, so does Council's exposure to risk, with asset maintenance, accessibility and community use becoming influential. 

With regard to the subject land, it is located towards the end of a rural no-exit road, where widening or other major improvements would be unnecessary. The area suggested for stopping does not impact the formed turning head, nor compromise the formed road, which occupies only a small part of the legal road reserve. The risk to Council of this proposal is considered to be low.

9.6   Options

The options available to Council are as follows:

a.     Pursuant to Section 342 of the Local Government Act 1974 to initiate the stopping of approximately 776m2 of legal road, adjacent to 85 Boyd Road, in accordance with the Tenth Schedule of the Local Government Act 1974.

b.     To decline to initiate the stopping of approximately 776m2 of legal road adjacent to 85 Boyd Road, Poraiti.

9.7   Development of Preferred Option

Option (a) is the preferred option as it gives the owners of 85 Boyd Road legal title to the land on which two driveways, part of the front lawn and gardens are situated.

 

9.8   Attachments

1      Occupation diagrams - 85 Boyd Road    


Occupation diagrams - 85 Boyd Road

Item 9 - Attachment 1

 



Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                              Item 10

10.  Lease of Reserve - Napier Frivolity Minstrels (Incorporated)

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

1473592

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

10.1 Purpose of Report

To obtain approval to grant a new ground lease to the Napier Frivolity Minstrels (Incorporated) for the land and building at 104C Latham Street on the Latham Street Reserve for a term of 15 years with one 15 year right of renewal.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Recommend that Council resolve to approve, as administering body, a lease, under Section 73(3) of the Reserves Act 1977, for the Napier Frivolity Minstrels (Incorporated) for the land and building at 104C Latham Street on the Latham Street Reserve for a term of 15 years with a 15-year right of renewal.

b.     Resolve to approve, in exercise of the Ministerial consent (under delegation from the Minister of Conservation), the granting of the above lease.

c.     Note that pursuant to Section 73 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.

 

10.2 Background Summary

The building at 104C Latham Street was owned and the land previously leased to the Napier Homing Pigeon Club (Incorporated). In late 2021, members, at a Special General Meeting, voted to wind up the Napier Homing Pigeon Club. This was due to dwindling club membership and the costs of operating the club. The building was vested back to Council.

Several groups have expressed an interest in the building but all have deemed it not suitable. The groups that have looked at the building include the Salvation Army, Nourished for Nil and the Environment Centre.

The Napier Frivolity Minstrels (Inc.) [the Frivs] are currently using nearby Clubrooms for rehearsals and renting month-by-month storage facilities in Hastings Street. The use of the building would provide some security of the future for them and mean that they would have a stable environment and a visible identity. The building would be used to store costumes and as a rehearsal space.

The lease with the Napier Frivolity Minstrels (Inc.) will be to an organisation, which technically does not carry out recreation activities on recreation reserves. Council solicitors recommend that rather than changing the recreational status of the reserve, a lease should be granted under Section 73(3) of the Act. This section applies when a recreation reserve (or part of a recreation reserve) is not currently being used for recreation purposes (and is unlikely to be used for recreation purposes in the future), but it is inadvisable or inexpedient to revoke the reserve status. Under the Act Council can, and does, enter into ground leases with community groups to occupy areas on these reserve lands.

The request for a lease of the building is supported by Council’s Team Leader Parks, Reserves and Sportsgrounds.

Attached are aerial plans showing both the building and the wider reserve area.

10.3 Issues

There are no issues.

10.4 Significance and Engagement

During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

The Reserves Act requires that the proposed lease be publically notified giving a one month period to object or make submissions.

10.5 Implications

Financial

There will be no costs to Council. The Napier Frivolity Minstrels (Inc.) will be paying annual rent based on the footprint of the building, as do all sports and community groups on Reserves.

Social & Policy

The Napier Frivolity Minstrels (Inc.) is a long established organisation, which provides the opportunity primarily, but not exclusively, for children to participate in all aspects of theatre both on, and back stage. Theatre teaches children things such as commitment, perseverance, comradeship, acting skills, choreography, singing, voice projection, confidence and performance skills. They are primarily a non-profit entity.

Risk

There is no risk to Council.

10.6 Options

The options available to Council are as follows:

a.     To approve a new lease to the Napier Frivolity Minstrels (Incorporated) for the land and building at 104C Latham Street on the Latham Street Reserve for a term of 15 years plus one 15 year right of renewal.

b.     To decline a new lease to the Napier Frivolity Minstrels (Incorporated).

10.7 Development of Preferred Option

Option (a) is the preferred option as it will provide some future security future for them and mean that they would have a stable environment, a visible identity and a rehearsal space.

 

10.8 Attachments

1      Latham Street Reserve  

2      Napier Frivolity Minstrals (Inc) proposed lease area    


Latham Street Reserve

Item 10 - Attachment 1

 


Napier Frivolity Minstrals (Inc) proposed lease area

Item 10 - Attachment 2

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda                                                                                              Item 11

11.  Lease of Reserve - Bledisloe Park - HB Indoor Bowls Assoc.

Type of Report:

Legal and Operational

Legal Reference:

Reserves Act 1977

Document ID:

1479805

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jason Tickner, Team Leader Parks, Reserves and Sportsgrounds

 

11.1 Purpose of Report

To seek Council’s approval to grant a ground lease pursuant to Section 54 of the Reserves Act 1977 to the Hawke’s Bay Indoor Bowls Association Incorporated, for land at Bledisloe Park, Taradale on which to construct their new Indoor Bowling Facility and associated car parking.

 

 

Officer’s Recommendation

The Sustainable Napier Committee:

a.     Resolve to approve, as administering body, the granting of a ground lease, pursuant to Section 54 of the Reserves Act 1977, to the Hawke’s Bay Indoor Bowls Association Incorporated for land at Bledisloe Park, Taradale on which to construct their new Indoor Bowling Facility and associated car parking.

b.     Resolve to approve, in exercise of the Ministerial consent (under delegation from the Minister of Conservation), the granting of the above lease.

c.     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.

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

e.     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.

f.     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 consents and construction.

 

11.2 Background Summary

The Hawke’s Bay Indoor Bowls Club are currently located at 16 Wakefield Street in Onekawa. They own the land and facility, and have been located there since the early 1970’s. Their current hall is now at the point where a significant upgrade is required to improve the insulation, wiring, etc. Whilst the club have significant capital tied up in their facility they have no ability to fund and service a loan which is likely to be in the order of $500,000 to undertake the necessary maintenance work. The Hawke’s Bay Indoor Bowls Club have agreed that to future proof the club their preferred option is to build a new facility on Council land.

After receiving a presentation by the Association and considering the matter at the Sustainable Napier Committee 11 November 2021:

Council resolved 9 December 2021:

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.

11.3 Issues

Bledisloe Park is a recreation reserve vested in Council pursuant to the Reserves Act 1977.

Council has delegated authority from the Minister of Conservation to approve the lease pursuant to Section 54 of the Reserves Act 1977.

The approved Management Plan for Bledisloe Park does not contemplate the proposed lease, therefore in terms of Section 54 of the Reserves Act the lease needs to be publically notified. 

11.4 Significance and Engagement

        During the pre-election period Council business must continue, however Council should also carefully consider the impact policy decisions or significant changes would have on the incoming Council.

Pre-engagement took place between April 2022 and June 2022. The focus was to inform neighbours and key stakeholders of Hawke’s Bay Indoor Bowl’s intention to obtain a lease and construct an indoor bowls facility on the site, as well as provide an opportunity for potential risks, challenges and opportunities to be identified and considered prior to the formal lease and consenting process. Engagement involved a number of landowner meetings, stakeholder contact, and a letter-drop to nearby residents.

        Land owner meetings

        Meetings were held with Bledisloe Park’s adjacent Ministry of Education landowners. The purpose of this was to understand perspectives on how the relocation of the Hawke’s Bay Indoor Bowls Club could affect the schools, provide opportunities for collaboration, and hear about any issues. Meetings were held with the principals of Fairhaven and Bledisloe Schools.

Key Stakeholders

Key stakeholders were contacted directly and invited to express any potential risks, concerns or opportunities they see from the proposal. They were also offered the opportunity to contact Council should they have any further comments or questions. These stakeholders included Sport Hawke’s Bay, Omarunui Bowls Club, New Zealand Indoor Bowls, Bowls Hawke’s Bay, BestStart, Taradale Kindergarten.

        Resident Letter Drop

        A resident letter drop to inform residents and provide them with an opportunity to comment on this proposal, letters were delivered to neighbouring residents on Lee Road and Weatherfield Mews.

Feedback Summary

All of the feedback received from stakeholders during this process was in support of Hawke’s Bay Indoor Bowls’ re-location to Bledisloe Park.

There was a consensus that the facility would be able to provide passive surveillance of the area, as well as providing an extra community resource, particularly to Bledisloe Primary School and Fairhaven School to which the facility could provide high-need students with an opportunity to play indoor sports throughout all seasons. Reduced parking was not deemed an issue as bowls hours do not conflict with school and commercial activity.

New Zealand Indoor Bowls noted that if the re-location went ahead they would be looking to bring more events to the district. Omarunui Bowls Club also expressed that they are interested in collaboration with Hawke’s Bay Indoor Bowls Club to provide a great indoor bowls facility for Napier.

11.5 Implications

Financial

The Hawke’s Bay Indoor Bowls Club have indicated that they will have adequate funds from the sale of their current Onekawa land and building to establish a new facility, and associated car parking which meets their needs.

Social & Policy

Council support of recreational activities contributes to community well-being and recognises the social good that arises from having our community active in local recreational clubs and organisations.

Risk

The ground lease will be a standard lease of reserve as used for other community groups. Subject to obtaining all regulatory consents and the sale of the current facility there appears to be little risk with this lease.

11.6 Options

The options available to Council are as follows:

a.     To approve the granting of a ground lease to the club subject to public notification requirements.

b.     To decline to approve the granting of a ground lease.

11.7 Development of Preferred Option

        Council has already approved in principle the siting of the proposed facility at Bledisloe Park.  Feedback from the pre-engagement was in support of the proposaI. It is now a matter of obtaining formal approval by Council to the Lease of Reserve Land to enable public notification to occur then subsequently consent applications to be made.

 

11.8 Attachments

1      HB Indoor Bowls Club - Lease area    


HB Indoor Bowls Club - Lease area

Item 11 - Attachment 1

 

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda

PUBLIC EXCLUDED ITEMS

 

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

AGENDA ITEMS

1.         Property Purchases

 

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.  Property Purchases

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.

 


Sustainable Napier Committee - 28 July 2022 - Open Agenda

Sustainable Napier Committee

Open Minutes

Meeting Date:

Thursday 16 June 2022

Time:

9.30am – 12.12pm

Venue

Large Exhibition Hall
War Memorial Centre
Marine Parade
Napier

 

Livestreamed via Council’s Facebook site

 

Present

Councillor Price (In the Chair), Deputy Mayor Brosnan, Councillors Browne [Zoom], Chrystal, Crown, Mawson, McGrath, Tapine, Taylor and Wright

In Attendance

Executive Director Infrastructure Services (Debra Stewart) Deputy Chief Executive / Executive Director Corporate Services (Adele Henderson)

Executive Director City Strategy (Richard Munneke)

Acting Executive Director Community Services (Darran Gillies) [Zoom]

Pou Whakarae (Mōrehu Te Tomo)

Acting Director Programme Delivery (Jamie Goodsir)

Manager Communications and Marketing (Julia Atkinson)

Manager Property (Bryan Faulknor)

Manager City Development (Paulina Wilhelm)

Manager Environmental Solutions (Cameron Burton)

Libraries Manager (Nicola Saunders) [Zoom]

Manager Water Strategy (Russell Bond)

Team Leader 3 Waters Operations Planning (Philip Kelsen)

Team Leader, 3 Waters Strategic Planning (Gary Schofield) [Zoom]

Team Leader Transportation (Robin Malley)

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

Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Hilary Prentice) [Zoom]

Strategic Planning Lead (Fleur Lincoln)

Senior Policy Analyst - Climate Resilience (Heather Bosselmann)

Graphic Designer (Tammie Crompton)

Administration

Governance Advisors (Anna Eady and Carolyn Hunt)

Karakia

The meeting opened with a karakia.

Apologies

Councillors Mawson / Wright

That the apology from Mayor Wise and Councillors Boag, Browne, Simpson be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Top Five Water Projects.

1.    Davies waste are on site doing the Pandora Pipeline preparation work.

2.    Treatment plants are being installed onto the Awatoto site next week.

3.    Council is currently in the last stages of recruitment for a new Water Treatment Operator role, which will include responsibility for maintaining and operating the drinking water treatment plants.

4.    The new Taumata Arowai drinking water regulations will not come into effect until the end of this calendar year and they will be monitored from the start of 2023.

5.    Divers are on site today to investigate a leak in the outfall pipe. It is not known how this leak was created, but the divers will investigate and Council will be updated when the details are known.

Confirmation of minutes

Councillors Taylor / Crown

That the Minutes of the meeting held on 5 May 2022 were taken as a true and accurate record of the meeting.

Carried

Attachments

1     2022-06 Top 5 Water Projects (Doc 1473896)

Agenda Items

1.    Kerbside Recycling - Increased level of service - Type 5 plastics

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

1467994

Reporting Officer/s & Unit:

Cameron Burton, Manager Environmental Solutions

1.1   Purpose of Report

The purpose of this report is to outline an increase to the level of service to Napier’s kerbside recycling service through the introduction of the acceptance of type 5 plastics for collection and recycling.

 

At the meeting

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

  • There was previously a Council approved variation to the recycling service contract due to the unexpected high participation rate of residents. This change will not increase participation or cost as residents still have the same sized three bins to put their recycling out in.
  • The increase use of the recycling service enables residents to comply with the Joint Waste Management and Minimisation Plan (WMMP), due to be renewed soon, which aims for residents to take responsibility for reducing their waste. Central Government’s legislation changes and Waste Reduction Strategy will help inform the WMMP renewal. 
  • It has been noted that there is a reduction in tonnage going to the Omarunui Landfill. This is across all forms of waste, including construction waste. It is rare for contaminated recycling to be redirected to the landfill now as the kerbside collection service will not pick this up if it is seen in a resident’s crate.
  • It will be possible to monitor whether there is an increase in type 5 plastics being added to the recycling service.
  • Type 5 plastics will be sent to Waiuku and be turned into fence posts.

CoUNCIL resolution

 

Councillors Brosnan / Taylor

The Sustainable Napier Committee:

a.     Endorse an increase to the level of service to Napier’s kerbside recycling service through the introduction of the acceptance of type 5 plastics for collection and recycling.

b.     Make a Decision of Council under delegated authority for the reason that this service is available to Napier with a short turnaround time, and a delay in approvals will result in type 5 plastics going to landfill until an endorsement is made.

Carried

2.    Capital Programme Delivery

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1467632

Reporting Officer/s & Unit:

Jamie Goodsir, Acting Director Programme Delivery

 

1.1   Purpose of Report

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

 

At the meeting

The Officer took the report as read and there were no questions from the Committee. It was noted that going forward this report will include capital project work from across Council, not just the capital projects being worked on within the Programme Delivery Directorate.

Committee resolution

 

Councillors Crown / Tapine

The Sustainable Napier Committee:

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

 

Carried

 

 

3.    Three Waters Operational Update

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1468002

Reporting Officer/s & Unit:

Russell Bond, Manager Water Strategy

Philip Kelsen, Team Leader 3 Waters Operations Planning

 

3.1   Purpose of Report

Regular reports are provided in relation to Three Waters capital works, including Reform programme of works. Given the priority Council has placed on Three Waters it is considered appropriate to provide a brief update on Three Waters operations planning activities, key findings and status of remedial actions for information.

 

 

 

 

At the meeting

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

  • To mitigate the risk of flooding Council Officers are conducting a leak detection programme across the city and are repairing leaks that are found. A lot of water from leaks gets absorbed back into the ground water table, so goes unseen. This programme has significantly increased Council staff workloads so leaks are triaged and the top priority leaks are repaired first.
  • A lot of the leaks found are in the Council network. If a leak is located on private property Council will notify the property owner of the leak and a time period for the repair. They have to organise a plumber to repair the leak, then Council follow-up to check on the repair. This process is managed through the bylaw which aims to enforce efficient water use.
  • There is an annual water loss survey conducted which is part of the performance reporting for the Annual Report. Last year water loss was at about 20%. This is not just loss from pipes, but also at the reservoirs and treatment plants.
  • Council staff are doing work to improve understanding on the ground water.
  • Increased incidences of collapsed pipes in the oldest streets, which have pipes with a high activity, is being seen. Council is seeking to understand this infrastructure better.
  • To clear debris out of pipes a number of techniques can be used. One is hydro-jetting, a lot of water through a pipe manhole where there is a hydro truck to suck out the water and debris. This is a labour-intensive process.
  • The level of deterioration at the Enfield Reservoir was unexpected, but the risk of catastrophic failure in a significant seismic event has been mitigated. Council Officers are looking at whether the Mataruahou project will need to be accelerated because of this development.
  • The witches hats trial has been targeted to high use industrial sites.
  • There has been sampling of the affected area where the outfall leak is. There are signs on the foreshore notifying residents of the risk for collecting kaimoana and for swimming. There is also a rahui in place.   

ACTIONS:

  • An estimated percentage of water loss across the network, excluding the reservoirs and treatment plants, will be brought back to the Council.
  • Officers to report back to the Council on whether geotechnical surveying can be done to assess the impacts of water leaks on the underground structure.
  • Progress on storm water infiltration to be included in the next report.

Committee resolution

 

Councillors Tapine / McGrath

The Sustainable Napier Committee:

a.     Receive the Three Waters Operational Update report

 

Carried

 

Attachments

1     Three Waters Operational Update Presentation (Doc Id 1473478)

 

 

4.    Joint Solid Waste Bylaw Review Update

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

1468418

Reporting Officer/s & Unit:

Cameron Burton, Manager Environmental Solutions

 

4.1   Purpose of Report

The purpose of this report is to update the Sustainable Napier Committee on the Joint (Hastings District and Napier City Councils) Solid Waste Bylaw Review

 

At the meeting

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

  • Kaupapa Fatigue is something being experienced across the community. Many whānau are going from one hui to another. The worries about the environment are weighing heavy on iwi minds.

 

Committee resolution

 

Councillors Brosnan / Crown

The Sustainable Napier Committee:

a.     Receive the report entitled Joint Solid Waste Bylaw Review Update

b.     Endorse the approach outlined in Option 1; slow down the pace of the Solid Waste Bylaw review in order for alignment of that Bylaw with national policy, strategy and legislation changes which are currently underway

 

Carried

 

5.    Initiation of Process To Change Reserve Purpose

Type of Report:

Legal and Operational

Legal Reference:

Reserves Act 1977

Document ID:

1468780

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

 

5.1   Purpose of Report

To obtain Council’s approval to initiate the process to change the purpose of part of the vested local purpose recreation reserve on Marine Parade. This process is required to provide an appropriate reserve purpose to accommodate the restoration of the War Memorial attached to the Napier War Memorial Centre on Marine Parade.

 

At the meeting

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

  • This change of purpose is part of the War Memorial project. It is not something that was considered by the Working Group as that has been wound up; this is an operational paper based change which has been triggered by the physical works.

 

Council resolution

 

Councillors Chrystal / Taylor

The Sustainable Napier Committee:

a.     Approves the initiation of the process, pursuant to Section 24A of the Reserves Act 1977, to change the purpose of part of an existing Marine Parade reserve as shown as area B and described as Pt Sec 3 SO396199 in the attached Scheme Plan.

The change of purpose is from Local Purpose Passive Recreation Reserve to Local Purpose Community Building Reserve.

b.    Authorises the Chief Executive to publically notify the proposed change of purpose under Section 24A (2) of the Reserves Act 1977.

c.     Notes that the reason for the change of purpose is to accommodate the restoration of the War Memorial attached to the Napier War Memorial Centre on Marine Parade.

d.     Make a Decision of Council under delegated authority for the reason that public notification of the proposed change of purpose is required urgently to enable the process to commence.  

 

Carried

 

 

6.    Lease of Subsoil of Road

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

1466626

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

6.1   Purpose of Report

To obtain Council approval to an initial Agreement to Grant a lease of Subsoil of the Road and the actual formal Lease of Subsoil of Road to Pernot Ricard Winemakers Pty Limited trading as Church Road Winery.

 

 

 

At the meeting

The Officer spoke to the report and clarified that this is a process which will enable their trade waste to be dealt with appropriately and according to their trade waste consent.

 

Committee resolution

 

Councillors Taylor / Tapine

The Sustainable Napier Committee:

a.     Approve for the installation, operation and maintenance of two pipelines in part of the sub soil beneath Tironui Road, Taradale to Pernot Ricard Winemakers Pty Limited trading as Church Road Winery the following:

i.      An Agreement to Grant a Lease of Subsoil of Road; and

ii.     A Lease of Subsoil of Road pursuant to Section 341 of the Local Government Act 1974.

 

Carried

 

 

Meeting adjourned 10.29am

Meeting reconvened 12.09pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC EXCLUDED ITEMS

 

Councillors Tapine / Crown

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

1.         Land Acquisition

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.  Land Acquisition

7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

 

 

 The meeting moved into Public Excluded at 12.10pm

 

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

 

 

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

 

 

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