Agenda of Projects, Services and Operations Committee Meeting

Unconfirmed Projects, Services and Operations Committee Meeting Minutes

15 September 2020

MINUTES

Projects, Services and Operations Committee Meeting

Tuesday, 15 September 2020

Order Of Business

1 Apologies. 3

2 Public Forum.. 3

2.1 Fred Greenville and Leigh Pettigrew - Innovating Streets project at Pilot Bay and Marine Parade. 3

2.2 Ian Douglas - Interaction between pedestrians and cars at Fergusson Park. 4

2.3 Michael Dance, Friederike Haffelder, Karen Laidlaw and James Petterson - Links Ave and cyclists. 4

3 Acceptance of Late Items. 5

4 Confidential Business to be Transferred into the Open. 5

5 Change to Order of Business. 6

6 Confirmation of Minutes. 6

6.1 Minutes of the Projects, Services and Operations Committee meeting held on 4 August 2020. 6

7 Declaration of Conflicts of Interest 6

8 Deputations, Presentations, Petitions. 6

8.1 Janice Lenihan - Petition - Traffic on Oceanview Road. 6

9 Business. 7

9.1 Executive Report 7

9.2 New Year's Eve 2020 Delivery Options. 8

9.3 Stormwater (Depth x Velocity) Level of Service Progress Update. 10

9.4 Use of Toxic Agrichemicals for Vegetation Management Policy - Update on Points Raised at the 4 August 2020 Projects, Services and Operations Committee Meeting. 10

9.5 Western Corridor Ring Road Funding. 11

9.6 40 Harington Street - Project Control Group and Workstreams Update. 11

10 Discussion of Late Items. 12

MINUTES OF Tauranga City Council

Projects, Services and Operations Committee Meeting

HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga

ON Tuesday, 15 September 2020 AT 9.30am

PRESENT: Cr Kelvin Clout (Chairperson), Mayor Tenby Powell, Cr Bill Grainger, Cr Andrew Hollis, Cr Heidi Hughes, Cr Dawn Kiddie, Cr Steve Morris, Cr John Robson, and Cr Tina Salisbury

Cr Jako Abrie (Deputy Chairperson), and Cr Larry Baldock attended via Skype.

IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Barbara Dempsey (General Manager: Regulatory & Compliance), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Jenna Quay (Events Facilities Manager), Brendan Bisley (Director of Transport), Wally Potts (Team Leader: Drainage Services), Jane Groves (Stormwater Programme Leader), Mark Smith (Manager: Spaces and Places), Nick Lynch-Watson (Principal Reserves Planner), Coral Hair (Manager: Democracy Services), Raj Naidu (Committee Advisor), and Jenny Teeuwen (Committee Advisor)

1 Apologies

Apology

Committee Resolution PR4/20/1

Moved: Cr Tina Salisbury

Seconded: Cr Heidi Hughes

That the apology for absence received from Emily Gudsell be accepted.

Carried

2 Public Forum

2.1 Fred Greenville and Leigh Pettigrew - Innovating Streets project at Pilot Bay and Marine Parade

Key points

· Opposed the proposed one-way road system at the Mount, especially on the Mall.

· The beach on the mall was very popular, especially with young families as it was safe for children.

· The one-way system on the Mall would remove car parking from the water side of the road. To access the beach, the road and a two-way cycle lane would have to be crossed which would be a nightmare for mothers with young children in prams and carrying picnic baskets and beach paraphernalia.

· Believed the new system would create major gridlock at the Mount.

· Suggested that the million dollars would be better spent on the Totara Street cycleway.

The Chairperson thanked Mr Greenville and Mr Pettigrew for their presentation.

2.2 Ian Douglas - Interaction between pedestrians and cars at Fergusson Park

Key points

· Requested that the third gate within the park accessed from the Tilby Drive entrance, after the boat ramp and changing rooms, be closed more often to protect the park from drivers who were ruining the grass under the trees and to ease the general conflict between vehicles and other park users.

· Most of the damage to the grass was from the third gate onwards.

· People should be free to walk around the park without having to look out for vehicles.

· Vehicles tended to go past where they were allowed and often travelled in excess of the 10km speed limit.

In response to questions

· Would like to see the gate closed unless there was a sporting event and people needed to access the sports fields to off-load equipment.

Staff response to questions

· Tauranga City Council (TCC) were currently actively engaging a consultant to look at ways to separate the different activities to minimise the conflict between all users of the park.

· A report through the Cycle Action Plan would be presented back to council within the next few months with recommendations on how best to separate the different activities.

· Closing the gate more often would be difficult because the sports fields were accessed on most days for training practice.

· The conflict between park users was currently managed through speed humps, markings and signage.

The Chairperson thanked Mr Douglas for his presentation.

2.3 Michael Dance, Friederike Haffelder, Karen Laidlaw and James Petterson - Links Ave and cyclists

A copy of the presentation for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this committee meeting.

Key points

· The presentation referred to a corridor of approximately 500 metres along Links Ave from the north end of Ascot Road up until Golf Road.

· There were around 3,000 students in this catchment area.

· There were significant volumes using the corridor; between 150 to 200 pedestrians and 150 to 250 cyclists shared the cycleway/pathway each hour during the peak school times.

· The corridor was narrow and was shared by cars and buses with all traffic moving at 50kms per hour and there was no safe separation between the pedestrians and the traffic.

· Believed lives were at risk along the corridor. There had been reports of three near misses along this stretch of road in the past 12 months.

· A petition of 185 local residents with supporting letters from schools was presented to Council in March 2020.

· Believed the shared pathway/cycleway did not follow basic New Zealand Transport Agency (NZTA) guidelines.

· Had issues with the Council commissioned safety audit which had been carried out on one day in the middle of winter when volumes of pedestrian and cycling traffic would have been at their lowest.

· There had been no action taken to make changes following promises in the safety audit and commitments from Council made at the 10 March meeting.

· The shared path width should be four metres wide. Along Links Ave this was anywhere between 1.6 metres and 2.5 metres. The guideline for separation from traffic was around 1.5 metres. There was no separation in this area apart from the painted white line. There was no margin for error if things went wrong.

· The road itself was quite small and never designed to take heavy traffic. The road width should be three metres. At the smallest point, the road was 2.6 metres wide.

· Intersections were not designed for the wide turning circle required by buses, so they encroached out into the oncoming traffic lane or into the pedestrian footpath.

· Bus stops were poorly placed and not equipped to take the number of students using them each day.

· Ranch Road provided an example of an ideal situation.

· Wanted some immediate action taken and for the actions to be in place by Monday 5 October 2020 before the next school term started to allow traffic to get used to the new road layout.

· Requested the re-instatement of the 1.5 metre segregation from moving vehicles and foot traffic along both directions from Golf Road to Ascot Road north.

· Would also like a 30km speed limit imposed, the no-parking rule enforced, and the buses re-routed along Oceanbeach Road or Maunganui Road.

· In the longer-term, would like to see a greater involvement from the community in designing a solution that would allow the 3,000 students to get safely from home to school every day.

In response to questions

· The residents had not yet made a presentation to Regional Council.

· A report was requested to be brought back to council on this issue as soon as possible.

· Notice was given that a Notice of Motion would be made at the next Council meeting if no action was taken.

The Chairperson thanked Mr Dance and his supporters for their presentation.

Staff Action

A report on options for Links Ave be presented to Council as soon as possible.

Attachment

1 Presentation - Links Ave

3 Acceptance of Late Items

Nil

4 Confidential Business to be Transferred into the Open

Nil

5 Change to Order of Business

Nil

6 Confirmation of Minutes

6.1 Minutes of the Projects, Services and Operations Committee meeting held on 4 August 2020

Committee Resolution PR4/20/2

Moved: Cr Tina Salisbury

Seconded: Cr Dawn Kiddie

That the minutes of the Projects, Services and Operations Committee meeting held on 4 August 2020 be confirmed as a true and correct record.

Carried

7 Declaration of Conflicts of Interest

Nil

8 Deputations, Presentations, Petitions

8.1 Janice Lenihan - Petition - Traffic on Oceanview Road

Key points

· Referred to the area of Oceanview Road from Banks Avenue and Grove Avenue.

· This part of the road had quite a steep slope and was often used as a racetrack.

· Residents had trouble getting in and out of driveways.

· Concerned about the safety of the children living in the street.

· A number of animals had been killed in the street.

· There appeared to be very little policing of speed in the area.

· Requested traffic calming measures be installed e.g. speed bumps and/or a 30km speed limit.

Staff response to questions

· A number of measures could be applied to make the area a safer environment including speed bumps; however, these did create noise and other issues. A lower speed limit could also be considered but this would need an infrastructure component to it to get willing compliance from drivers. There would need to be a consultation process to gauge the popularity or otherwise of any proposed measures.

· TCC was currently preparing for a citywide speed limit review and this area of the city would be part of that work. The road safety team were currently working on a programme for this. Community consultation for 10 roads already identified was expected to start later this year. Consultation for the city-wide review would be around mid-2021.

· The Transport System Plan (TSP) looked at the overall network, predominantly focussing on the key corridors around the city, not local streets. However, part of the TSP work was to get the right traffic on right roads, and this could have a flow on effect to neighbourhood streets.

· Introducing pedestrian crossings in a street did not necessarily create traffic calming. The proposed pedestrian refuges in the area had been deemed to be safer than pedestrian crossings because of the speed environment and utilisation.

· It was acknowledged that the current B to B project had a flow on effect to local streets by adding traffic volumes with drivers trying to avoid the main route.

Committee Resolution PR4/20/3

Moved: Cr Kelvin Clout

Seconded: Cr Steve Morris

That the Projects, Services and Operations Committee receives the petition from Janice Lenihan regarding traffic issues on Oceanview Road.

Carried

9 Business

9.1 Executive Report

Staff Christine Jones, General Manager: Strategy & Growth

Barbara Dempsey, General Manager: Regulatory & Compliance

Nic Johansson, General Manager: Infrastructure

Paul Davidson, General Manager: Corporate Services

Gareth Wallis, General Manager: Community Services

The report was taken as read.

In response to questions

· There was no specific date for announcing the result of the procurement process for the kerbside waste collections, but this was expected within the next two weeks.

· The Lime Scooter trial commencing around the last week of October would be widely advertised.

· Specific timing for work to begin on Stage Three of Domain Road was not available to hand but would be provided to councillors following the meeting.

· As part of the LTP, a report would be presented to council to outline what funds were required for a combined Bellevue/Brookfield and Otumoetai cycleway. If sufficient funds were available the entire cycleway loop could be built in two years. The actual funding amount required was not available to hand but would be provided to councillors following the meeting.

· The four well-beings would be considered in the full review of Council’s Procurement Policy.

· More in-depth information on what Qualtrics did would be distributed to councillors.

· The most up-to-date landscape plan for Wharf Street would be distributed to councillors.

· The Contact Centre contract to manage the Bay of Plenty Regional Council’s (BOPRC) afterhours calls was going well.

· A request for a poll to countermand the Council decision on a Māori Ward would need to be provided to the Council by 22 February 2021.

· The Innovating Streets community design group would be announced as soon as this was available.

· Over last 2 years, 7,307 building and land consents had been issued. The number of consents that did not flow through the process smoothly was very low; in the single figures.

· Concern had been expressed at the Waiäri Kaitiaki Advisory Group meeting last week, that with the disbandment of the joint governance committee between TCC and Western Bay of Plenty District Council (WBOPDC), the Advisory Group had no higher forum to elevate their issues to. The joint governance committee had been disbanded at the beginning of the new triennium as it was felt that it had not been adding value so the time and resource supporting the committee was not justified. The decision to disband was mutually agreed by both TCC and WBOPDC. The Advisory Group could elevate any issues to the Chief Executive of TCC and/or WBOPDC. The resolutions from the 9 September 2020 Waiäri Kaitiaki Advisory Group meeting would be forwarded to the Chief Executives of both councils.

Staff Actions

(i) The following information be distributed to the Mayor and Councillors:

a) The specific timing for work to begin on Stage Three of Domain Road.

b) The amount of funds required for the Bellevue/Brookfield and Otumoetai cycleway.

c) In-depth information on what Qualtrics did.

d) The most up-to-date landscape plan for Wharf Street.

(ii) The resolutions from the Waiäri Kaitiaki Advisory Group to be forwarded to the Chief Executives of TCC and WBOPDC.

Committee Resolution PR4/20/4

Moved: Cr John Robson

Seconded: Cr Andrew Hollis

That the Projects, Services and Operations Committee receives the September Executive Report.

Carried

At 10.46am, the meeting adjourned.

At 11am, the meeting resumed.

9.2 New Year's Eve 2020 Delivery Options

Staff Gareth Wallis, General Manager: Community Services

Jenna Quay, Events Facilities Manager

The report was taken as read.

In response to questions

· In order to come in on budget, the original staff recommendation made in June 2020 to cancel all New Year’s Eve events for one year was still an option. Otherwise, events that would logically be considered to not go ahead were the Mount Maunganui event as a new event, or the Greerton event, as a relatively new event that had low attendance last year.

· The CBD event had seen the same number of people attend for the last couple of years. This was attributed to the available space and the fact that to access the event, most people would need to travel into the city, whereas community events tended to see a larger walk-up crowd.

· Whilst Mount Maunganui was now classified as a new event, up until three years ago it had been an annual event that attracted attendees from all over the country.

· As soon as planning for the event started, costs would be incurred, however cancellation procedures were factored in.

· Investigations were currently underway whether permission to go ahead with New Year’s Eve fireworks displays under Covid level three restrictions could be achieved.

· TCC had not funded any other city events that had subsequently been cancelled or had been put at risk due to Covid, so there was no opportunity for other event funding to be transferred across to the New Year’s Eve events.

The Chairperson then suggested that Standing Orders 21.5 be suspended to enable free discussion to take place for this item.

Committee Resolution PR4/20/5

Moved: Cr Kelvin Clout

Seconded: Cr John Robson

A motion was moved that the Projects, Services and Operations Committee suspend standing orders 21.5 – Members may only speak once.

Carried

The discussion on this item then continued.

In response to questions

· The costs to deliver two much larger events in place of the current proposed five localised community events would be significantly higher and probably in excess of $200,000.

· There were no activities planned for the community events following the 9.30pm fireworks displays as families tended to return home after the fireworks. The sites for the midnight fireworks were not advertised and were designed to give the highest percentage of people across the city the opportunity to view the fireworks from their homes.

· The ability to offset costs against other budgets would be difficult. Following the adoption of the 2020/21 Annual Plan, Council already had a significant funding target to achieve.

Discussion Points

· There was no appetite to consider the removal of midnight fireworks across the city.

· Any event that was planned would be difficult to manage if there were Covid level two or level three restrictions in place.

Committee Resolution PR4/20/6

Moved: Cr Kelvin Clout

Seconded: Cr Steve Morris

A motion was moved that the Projects, Services and Operations Committee resume standing orders.

Carried

The following motion for this item was then put.

Committee Resolution PR4/20/7

Moved: Cr John Robson

Seconded: Cr Steve Morris

That the Projects, Services and Operations Committee:

(a) receives the report “New Year’s Eve 2020 Delivery Options” and

(b) the Chief Executive be requested to find the budget shortfall of $70,000 within existing budgets.

In Favour: Mayor Tenby Powell, Crs Kelvin Clout, Andrew Hollis, Dawn Kiddie, Steve Morris and John Robson

Against: Crs Jako Abrie, Larry Baldock, Bill Grainger, Heidi Hughes and Tina Salisbury

carried 6/5

Carried

At 11.43am, Cr Jako Abie left the meeting.

9.3 Stormwater (Depth x Velocity) Level of Service Progress Update

Staff Wally Potts, Team Leader: Drainage Services

Jane Groves, Stormwater Programme Leader

The report was taken as read.

In response to questions

· The work on the stormwater outlet for the Mount North area was completed in 2018 and provided an outlet for three sub-catchments. A paper on work currently being undertaken in Mount North catchment would be presented to Council in November.

· The hypothecated rate for the stormwater reactive reserve was still being collected as part of general rates.

Committee Resolution PR4/20/8

Moved: Cr John Robson

Seconded: Cr Tina Salisbury

That the Projects, Services and Operations Committee receives the Stormwater (Depth x Velocity) Level of Service Progress Update report.

Carried

9.4 Use of Toxic Agrichemicals for Vegetation Management Policy - Update on Points Raised at the 4 August 2020 Projects, Services and Operations Committee Meeting

Staff Mark Smith, Manager: Spaces and Places

Nick Lynch-Watson, Principal Reserves Planner

The report was taken as read.

Committee Resolution PR4/20/9

Moved: Mayor Tenby Powell

Seconded: Cr Heidi Hughes

That the Projects, Services and Operations Committee receives the Use of Toxic Agrichemicals for Vegetation Management Policy – Update on Points Raised at the 4 August 2020 Projects, Services and Operations Committee Meeting report.

Carried

9.5 Western Corridor Ring Road Funding

Staff Christine Jones, General Manager: Strategy and Growth

The report was taken as read.

In response to questions

· Subsequent funding had been received from the New Zealand Transport Agency (NZTA) for a number of projects undertaken around 2017-2018 that were started before guaranteed funding was in place.

· The expectation was that most, if not all, of the project would be funded by development contributions.

Committee Resolution PR4/20/10

Moved: Cr John Robson

Seconded: Cr Steve Morris

That the Projects, Services and Operations Committee:

(a) Approves additional loan funding (to be repaid by development contributions if retrospective FAR subsidy is not secured) for the Western Corridor Ring Road project for the current financial year of up to approximately $4 million and notes that the 19/20 budgeted FAR funding was not received and was loan funded in that financial year.

(b) Notes that funding for the Western Corridor Ring Road project of approximately $5m is brought forward from the 2021/22 Financial Year for this project.

Carried

9.6 40 Harington Street - Project Control Group and Workstreams Update

Staff Christine Jones, General Manager: Strategy and Growth

The report was taken as read.

Key points

· Staff drew attention to a correction for paragraph 6. The sentence should stop after the words Corporate Services. The regulatory workstream was included for information only as this was a separate stand-alone regulatory process of Council.

Committee Resolution PR4/20/11

Moved: Cr Kelvin Clout

Seconded: Mayor Tenby Powell

That the Projects, Services and Operations Committee receives the 40 Harington Street – Project Control Group and Workstreams Update report.

Carried

10 Discussion of Late Items

Nil

The meeting closed at 12.09pm.

The minutes of this meeting were confirmed at the Projects, Services and Operations Committee meeting held on 27 October 2020.

...................................................

CHAIRPERSON

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.2 Lavender Place Petition Report

File Number: A11864332

Author: Warren Aitken, Team Leader: Parks & Environment

Hemi Wallace, Parks Asset Co-ordinator/Arborist

Authoriser: Gareth Wallis, General Manager: Community Services

Purpose of the Report

1. To respond to the tree removal petition presented to Council.

Recommendations

That the Projects, Services and Operations Committee:

(a) decline the removal of the ten trees on Lavender Place; or

(b) approves the removal of the ten trees on Lavender Place with all costs to sit with the residents.

Executive Summary

2. A number of residents have petitioned (see Attachment 6) for the removal of 10 street trees in Lavender place. The reasons for the petition are; the belief that the trees are too large for the street, leaf debris creates a mess on the private property and the road reserve, damage to spouting through leaf debris build-up, and the potential root damage to private property.

3. The trees petitioned for removal in Lavender Place are as below:

· 9 x Queensland Box trees (Lophostemon confertus)

· 1 x Southern Magnolia (Magnolia grandiflora)

Background

4. In 2018, Council proposed to construct a playground in Lavender Place Reserve. At this time, there was discussion around the removal of some trees to allow room for the playground. Due to community feedback against the installation of a playground, the project did not go ahead. This may have created some confusion around the expectation of some tree removals in the street.

5. Since 2018, residents have raised concerns regarding the trees in Lavender Place. An Urban Forester met with five residents on 25 January 2019 to discuss leaf debris issues. The Urban Forester explained that the leaf debris was] considered less than minor as he could only see a small amount on the properties and road reserve. Tree removal was then discussed; it was explained that the trees are in good health and form and do not meet the grounds for removal based on his observations (see Attachment A, B and C for site visit photos).

6. In early 2020, Council staff received further concerns from the residents of Lavender Place regarding the street trees and vegetation. Issues raised at this time were as follows:

· leaf debris on private properties, street berm, kerbs and centre island carpark/garden at the end of the cul-de-sac;

· the leaves do not compost;

· cost to dispose of the leaf litter;

· concerns over tree species and height;

· vegetation from the trees obscuring streetlighting;

· cobbled areas in the street being damaged either by tree roots or trucks turning at the end of the cul-de-sac; and

· wasp nest in the street garden.

7. The Principle Urban Forester organised a street meeting with the residents of Lavender Place on 12 February 2020 to discuss the issues raised. Approximately 15 residents attended the meeting along with three Council staff members. Further investigations and results from the street meeting are noted as follows:

· hand excavation undertaken near cracked section of kerbing; no root structure was found in vicinity;

· staff advised landowners that debris assistance could be applied for;

· staff advised residents that Council may be able provide wool sacks to some residents, which the contractor will pick up and replace once full;

· staff sent an enquiry to the Transport division regarding street lighting;

· staff sent an enquiry to the Sustainability & Waste team regarding the build-up of debris in the carpark/garden at the end of the cul-de-sac; and

· staff hand excavated the berm outside 6 Lavender Place to see if rootguard had been installed by developers – no rootguard was found.

8. In March 2020, the owner of 27 Lavender Place submitted a petition via Cr Morris for the removal of nine Queensland Box trees and one Southern Magnolia in Lavender Place. The petition included 23 signatures from 14 property addresses (as displayed in paragraph 3).

9. The Council Urban Forester team followed up with a survey to gain feedback from the residents that may be affected by the removal (see Attachment D). The survey was sent out to all properties on Gardens Drive and the side streets from Domain Rd to Doncaster Drive. The feedback criteria for the petition was one response per physical address. Results for the petition are as follows:

· Number of responses = 21

· Seven responses in favour of removal = 33%

· Thirteen in favour of the trees remaining = 62%

· One response undefined = 5%

10. Papamoa, unlike other parts of the city has a lack of mature trees. New subdivisions have street and reserve trees planted at the time of subdivision and these of course, take time to establish. It has also been a challenge to establish any new trees in the coastal environment of Papamoa, especially the urban street environment. This is due to poor soil, high salinity, dry summers, the inability to plant above services, narrow berms, and higher house density.

Strategic / Statutory Context

11. The Vegetation and Tree Management Strategy (Growing Tauranga Green) places emphasis on streets as green corridors and planting, protection and maintenance of trees.

12. The Tauranga City Council Planting Guide (see Attachment E) lists tree species that are used within our City. On this list are Lophostemon confertus and Magnolia grandiflora, the two tree species that have been petitioned for removal. The guide recommends that the trees can be planted on berms from 1.7m-3m. The trees in question are planted in open berm space consistent will these parameters. Council has continued to plant both species in Papamoa as they adapt well to the harsh coastal environment.

13. The removal of 10 street trees will have a negative effect on the amenity of Lavender Place and the community area named, “The Gardens”. The list below outlies some of the benefits the trees provide for the community:

· amenity;

· aesthetic value;

· sense of belonging;

· shade;

· energy savings;

· pollution mitigation;

· carbon sequestration;

· ecological values (food and habitat); and

· enhanced property values.

Options Analysis

14. There are two options for consideration:

(a) decline the removal of the ten trees on Lavender Place; or

(b) approve the removal of the ten trees on Lavender Place with all costs to sit with the residents.

15. Option (a) – decline the removal of the ten trees on Lavender Place – recommended.

Benefits

Disadvantages

· Maintain the amenity of the suburb.

· In line with the majority of responses from the local community.

· Preservation of healthy trees in a part of the city with limited mature trees.

· A minority of residents feel unsatisfied.

Key risk – Council is criticised for not prioritising financial return over community outcomes.

16. Option (b) – approve the removal of the ten trees on Lavender Place – not recommended.

Benefits

Disadvantages

· Nil

· Not in line with the majority of responses from the local community.

· Fewer healthy mature trees in a part of the city with limited mature trees.

Financial Considerations

17. There are no financial implications as if a decision is made to remove the trees then all costs associated with the removal of the trees should sit with the applicants.

Legal Implications / Risks

18. Reputational risk to Council for agreeing to remove 10 mature trees.

Consultation / Engagement

19. Resident concerns were first raised in early 2019 and have involved a number of staff and elected members. Letters have been sent to staff and an elected member.

20. Council has received a number of letters from residents to which staff have responded, and staff have met with concerned residents several times.

21. A short survey of local residents was undertaken.

Significance

22. This decision is of low significance.

Next Steps

23. Staff will liaise with residents regarding whatever decision is made.

Attachments

1. Image - A11888763 ⇩

2. Image - A11888762 ⇩

3. Image - A11888761 ⇩

4. Lavender Place Petition Letter to Residents - A11655410 ⇩

5. Planting Guide - Street Trees and Gardens 2012 - A11906883 ⇩

6. Lavender Place Trees Petition - Alan Crofskey - A11858940 ⇩

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.3 Elmes Reserve to Bay Street Boardwalk and Walkway Update

File Number: A11798506

Author: Warren Aitken, Team Leader: Parks & Environment

Authoriser: Gareth Wallis, General Manager: Community Services

Purpose of the Report

1. To provide information to the Mayor and Councillors regarding the development of a boardwalk from Elmes Reserve to Bay Street following recent feedback received from a local resident.

Recommendations

That the Projects, Services and Operations Committee receives the report Elmes Reserve to Bay Street Boardwalk and Walkway Update.

Executive Summary

2. The proposed boardwalk between Elmes Reserve and Bay Street has been planned as part of a walkway/cycleway connection along the estuary since the production of the Matua Saltmarsh Reserve Management Plan in 1996. The walkway was proposed to a provide pedestrian connection and recreational access.

3. Since 1996 there have been two further reserve management plan review processes which have included public consultation in accordance with the Reserves Act 1977. The consultation has included the ability for the community to provide submissions, to present at hearings, and for Council to consider and deliberate. The proposed boardwalk has remained within the applicable reserve management plans.

4. Recent feedback has been received from a local resident, which presents concerns around the project including the rationale for the boardwalk, vegetation control and the impact on fauna, with the request for Council to abandon the project.

5. The correct processes have been followed to plan for and enable the development of the boardwalk and walkway. The concerns raised will be mediated, where relevant and prior to construction, which is due for completion by June 2021.

Background

The location

6. Along the edge of the Matua peninsula are a number of Council-owned and managed, non-contiguous reserves. They are located from the Matua saltmarsh (Papahenga) to Fergusson Park but do not provide for a continuous, formal pedestrian connection.

7. The Matua peninsula is characterised by a steep escarpment between Bay Street and Kiriwai Reserve. The reserve treatment along the harbour edge is highly influenced by the narrow beach margin.

Matua peninsula

8. The Elmes Reserve is held as Recreation and Local Purpose (Esplanade) Reserve.

9. The Matua Peninsula Esplanade Reserve was purchased by Council in 1997, specifically to be used for a nature conservation and walkway reserve. It is held as Local Purpose Reserve (Nature Conservation & Walkway) and Local Purpose (Esplanade) Reserve.

10. Both reserves are zoned Passive Open Space and Conservation Zone in the City Plan.

11. These reserves are included within Council’s Tauranga Reserve Management Plan 2019 (TRMP), a plan which contains statements that guide how Council will manage its reserves. Following citywide consultation, the current version of the Plan was adopted by Council in 2019 and superseded 14 earlier reserve management plans. Both reserves are categorised as Harbour Reserve in the TRMP.

Elmes Reserve to Bay Street

The history of restoration planting and proposed boardwalk along the peninsula

Matua Saltmarsh Reserve Management Plan 1996

12. The Council Matua Saltmarsh Reserve Management Plan (MSRMP) was prepared in 1996 as required by the Reserves Act. The objectives of the plan included protecting the saltmarsh ecosystem, indigenous plants and animals, re-establishing natural tidal saltmarsh, providing for public access and recreation, and involving stakeholders and the community.

13. Restoration planting and a proposed walkway to provide pedestrian connection and recreational access were identified within the plan and the Matua Saltmarsh Advisory Committee was established to implement the plan. The Committee was comprised of the Matua Residents Association, Royal Forest and Bird Protection Society, Tauranga City Council councillors, Department of Conservation (DoC), community representatives from local schools and Tauranga City Council staff.

14. The MSRMP was developed in accordance with the consultation requirements of the Reserves Act. A draft version of the plan was prepared following an initial round of public engagement. The plan then underwent two further periods of public notification with the opportunity for submissions, before final submissions were considered by Council and a final plan adopted in 1996.

15. The MSRMP was fully implemented apart from works in the section between Elmes Reserve and Bay Street as this section was subject to future funding through Council’s Annual Plan.

16. The required resource consents were obtained and approved in 2004 to enable the construction of the boardwalk section of the walkway identified in the MRSMP. Consultation was undertaken with affected parties and stakeholders as per the resource consent process.

Harbour Reserve Management Plan 2007

17. The MSRMP was superseded by the Harbour Reserve Management Plan (HRMP), which was prepared in 2007 in accordance with the Reserves Act. The goals of the HRMP included managing reserves to protect and enhance ecosystems, habitats, natural character, landscape, cultural, educational and historical values, and developing and enhancing people’s recreational opportunities.

18. The HRMP was developed in accordance with the consultation requirements of the Reserves Act. A draft version of the plan was prepared following an initial round of public engagement, was publicly notified with submissions being received and considered by Council before the adoption of the final plan adopted in 2006.

19. The HRMP included the activities associated with the management and development of the walkway and restoration planting between Elmes Reserve and Bay Street. The proposed walkway is shown below in orange with the number 6 representing a development note to remove existing weed species and selected trees, and clear stem existing trees to create vistas from the reserve out over the estuary.

Excerpt from Concept Plan within the HRMP

Annual Plan 2017/18 and public meeting

20. The Matua Residents Association submitted to the Annual Plan 2017/18, requesting a public meeting to discuss the proposed restoration planting and boardwalk construction in the area of Matua saltmarsh (Papahenga) between Elmes Reserve and Bay Street.

21. A public meeting facilitated by the Matua Residents Association took place on 28 November 2017. This provided the opportunity for local residents and stakeholders to discuss the plans for the area with Councillors and Council staff. The discussion points included restoration works, planting and vegetation control as well as the proposal and justification for the walkway, associated costs and timeframes.

22. The attendees to the public meeting were advised to make submissions to the upcoming planned review of Council reserve management plans scheduled for 2018.

Tauranga Reserve Management Plan

23. In May 2016, Council notified its intent to commence a review of its reserve management plans to develop one network wide reserve management plan and incorporate parks and reserves without an existing plan. This included a consultation period to obtain feedback from user groups, leaseholders, event organisers, Tangata Whenua, the Youth Advisory Group, Positive Aging Forum and Disability Advisory Group, and the wider community.

24. From the feedback obtained, a draft Tauranga Reserve Management Plan (TRMP) was produced and approved for consultation which took place between 18 August – 19 October 2018. The draft TRMP included the activities associated with the management and development of the walkway and restoration planting between Elmes Reserve and Bay Street.

25. Council received over 250 submissions with those wishing to speak presenting at hearings in October 2018. Council deliberated on topics of the TRMP on 11 December 2018 and 18 February 2019 prior to adoption on 5 March 2019.

26. There were four submissions received by Council that included feedback relating to the proposed walkway. One submission provided feedback including concerns around the vegetation control and proposed walkway. The remaining three submissions were in support of a walkway. A table of these four submissions is attached (see Attachment 1).

Completed work to date

Vegetation control

27. Council has been managing vegetation between Elmes Reserve and Bay Street with the same methodology as other parks and reserves in Tauranga, and in accordance with the TRMP.

28. Council uses a number of vegetation management tools, which in some instances includes agrichemicals. The preference is for the use of non-chemical methods of vegetation control where practical, however, the Use of Toxic Agrichemicals for Vegetation Management Policy sets the direction for the use of agrichemicals when necessary. This policy has been effective since 1 February 2009 and was developed in line with the relevant legislation, standards and plans including, but not limited to:

· NZS 8409:2004 Management of Agrichemicals

· Biosecurity Act 1993

· Hazardous Substances and New Organisms Act 1996

· Health and Safety in Employment Act 1992

· Regional Air Plan (Bay of Plenty Regional Council)

· Regional Pest Management Strategy (Bay of Plenty Regional Council)

(now titled the Regional Pest Management Plan)

· Regional Land and Water Plan (Bay of Plenty Regional Council)

(now titled the Regional Natural Resources Plan)

29. Council works with the Toxic Agrichemical Advisory Forum, contractors and the public in meeting the objectives of the Use of Toxic Agrichemicals for Vegetation Management Policy. The policy is being considered for review as part of the 2021 policy review schedule.

30. Council has been managing the vegetation in this area in anticipation of construction commencing for the boardwalk. Delays to the commencement of construction has made the scheduling of vegetation control more difficult and has allowed crowding of large plants and weeds. This will be rectified prior to construction and upon completion of the boardwalk, routine vegetation control will be easier to maintain.

31. The boardwalk once constructed will provide better access for the management of vegetation.

Proposed boardwalk

32. Civil engineering drawings were produced for the proposed walkway/cycleway in 2019 and as part of the resource consent process in early 2020, the following project work was carried out:

(a) assessment of the ecological effects of the proposed boardwalk with specific reference to potential adverse effects on the vegetation and habitat types within the conservation zone, and impacts on the wetland habitat in and adjacent to the proposed works footprint; and

(b) Planning assessment that reviewed the proposal against the City Plan and Bay of Plenty Regional Council (BOPRC) plans to determine whether the proposed boardwalk would be a permitted activity or require a resource consent.

33. The design for the boardwalk has been used by Council elsewhere within the city for boardwalks along estuaries. It is not complex or bespoke and is a commonly used design and method for this type of project.

34. The resource consent was lodged BOPRC in July 2020, proceeded as non-notified and was approved on 2 September 2020.

In response to recent feedback received

Safety and security

35. The proposed boardwalk design is consistent with similar boardwalks along the estuary within the city, and along the Matua saltmarsh (Papahenga).

36. Placing the boardwalk further out into the estuary and away from the esplanade reserve is not possible due to the tidal effect of the estuary.

Flora and fauna

37. Continuation of Council’s vegetation management will include preventing overcrowding of large plants and weed infestation in this area. This will ensure the boardwalk remains viewable and allow for passive observation from users and nearby residents.

38. Existing native flora will be accommodated where possible when constructing the boardwalk and will be maintained accordingly thereafter.

39. In 2016, Council received a letter of support from the Royal Forest and Bird Society that congratulated Council for restoring the Matua saltmarsh (Papahenga) to provide a home for uncommon birds. They recommended continuing weed control in the reserve land fronting onto the estuary. This feedback was received despite the existence of a boardwalk through the saltmarsh, which has not appeared to have had a detrimental effect on the birdlife.

40. DoC also confirmed their support for the planned works in the Matua saltmarsh (Papahenga). They noted that a link to Bay Street would assist with plant and mammal pest control initially, followed by native revegetation, and that a boardwalk would not disrupt and displace native wildlife in this section. DoC provided advice on restoration methodologies which Council took on board and have continued.

41. In 2017, BOPRC tested the Matua saltmarsh (Papahenga) for contaminants and pollutants. This was additional to the regular testing through the Tauranga harbour, which takes place every few years. No pesticides or herbicides were found in the saltmarsh. A small number of polycyclic aromatic hydrocarbons (PAHs)[1] were detected at very low concentrations in the sample. These were below the levels at which sub-lethal effects (disease, sickness, stress) occur for sensitive species of plants and animals. Low background levels of PAHs are common in sediments from estuaries in urban areas of Tauranga.

Rationale for the proposed boardwalk

42. A proposed pedestrian connection has been included in Council reserve management planning since the production of the MSRMP, with the first phase constructing a boardwalk through the Matua saltmarsh (Papahenga) itself before continuing this connection along the Matua peninsula.

43. The identification of a pedestrian connection between Bay Street to Fergusson Park is labelled as a potential walkway within the TRMP. At present, it is intended as a low tide walkway only and provides an opportunity for the community to use and enjoy the foreshore. Council does not currently have plans or funding to construct a formal boardwalk for this section.

44. The concept of providing this boardwalk has undergone three separate reserve management plan reviews, which have included public consultation periods, hearing of submissions and Council deliberations.

45. The TRMP contains management statements that provide direction on how the reserves will be managed to achieve its mission statement. The mission statement includes enabling and facilitating a range of experiences to cater for the varied interests and requirements of Tauranga’s diverse population, such as informal sport and active recreation, spontaneous enjoyment and fun, habitat management, and the opportunity to connect with and enjoy natural places. The full mission statement is attached (see Attachment 2).

46. Management statements that relate to Harbour Reserve and providing access and connections:

(a) Recognise that some harbour reserves are often appropriate for organised running, cycling and walking activities.

Reference: TRMP Part B: Management Statements, Page 50

(b) Develop and enhance public access between and within all harbour reserves (and connecting reserve areas) to provide logical linkages and passive recreational opportunities. Refer to the Concept Plans at Part D: Appendix 5.

Reference: TRMP Part B: Management Statements, Page 50

(c) Provide for shared walkway/cycleways that make the entire network accessible for all members of the public, where practicable.

Reference: TRMP Part B: Management Statements, Page 50

(d) Improve the connectivity of the pedestrian network from harbour reserves to local neighbourhoods (including connectivity to neighbourhood/active and passive reserves).

Reference: TRMP Part B: Management Statements, Page 50

47. There is also a reserve specific management statement relating to this reserve:

(a) Permit the development of a walkway/cycleway through the section of reserve from Elmes Reserve to Bay Street, to complete the connection from Sylvania Drive to Bay Street.

48. The proposed boardwalk between Elmes Reserve and Bay Street continues to align with these management statements. It will provide the community with an alternative route to the local road and will further extend the recreational access provided by the existing boardwalk through the saltmarsh and reserve.

Strategic / Statutory Context

49. The project supports the following LTP community outcomes:

(a) Tauranga is a city that values our natural environment and outdoor lifestyle, and actively works to protect and enhance it.

(b) Tauranga is a well-connected city, easy to move around in, with a range of sustainable transport choices.

50. The project is aligned with the TRMP, its general management statements, and reserve specific management statements.

Options Analysis

51. No options are presented within this report as the report has been produced for information only purposes.

Financial Considerations

52. There are no financial considerations associated with this report.

Legal Implications / Risks

53. Council does not perceive there to be any legal implications or risks associated with this project. Council has complied with the Reserves Act in terms of the proposed development for this area of reserve land and has complied with the relevant Resource Management Act processes for the intended works. Vegetation control and management is in accordance with Council policy which has been developed in alignment with the relevant legislation, standards and plans.

Consultation / Engagement

54. The proposed boardwalk has been present in Council’s reserve management plans since 1996 and has been included within three separate reserve management plan review processes, with each review involving public consultation.

55. The resource consent approved by BOPRC was processed as non-notified.

Significance

56. This matter is of low significance when assessed against Council’s Significance and Engagement Policy. This is due to the proposed boardwalk being present within Council’s reserve management plans since 1996, and with those plans having undergone three separate reserve management plan review processes, which would have been managed as high significance matters.

Next Steps

57. The construction of the boardwalk is planned for this financial year (2020/21). Engagement with affected parties will occur shortly with the project due for completion by June 2021.

Attachments

1. Attachment 1 - TRMP submissions relating to Elmes Reserve to Bay Street Boardwalk - A11905829 ⇩

2. Attachment 2 - TRMP Mission Statement - A11905832 ⇩

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.4 Innovating Streets at the Mount Update

File Number: A11902713

Author: Guy Protheroe, Urban Designer

Doug Spittle, Team Leader: Urban Spaces

Authoriser: Gareth Wallis, General Manager: Community Services

Purpose of the Report

1. To provide an update on progress on the Innovating Streets at the Mount project, including reporting on the community engagement outcomes, and future engagement and reporting proposals.

Recommendations

That the Projects, Services and Operations Committee receives the report “Innovating Streets at the Mount Update”.

Executive Summary

2. The Innovating Streets at the Mount project has been proceeding to schedule with the following tasks completed; design and transport engineering consultants appointed and currently preparing proposals, a first round of community engagement undertaken, community design group formed and has met three times to develop options to be presented for the second round of community engagement.

3. The second round of community engagement is to be undertaken in November. The community design group will be reconvened in December to finalise proposals that will then be submitted to Council in February 2021 for a decision on the extent, duration, nature of any trials, and if they will be undertaken.

4. The project is running to programme and budget with the implementation of trials planned to commence from April 2021

Background

What is ‘Innovating Streets at the Mount’?

5. The NZ Transport Agency – Waka Kotahi (WK) announced the Innovating Streets for People Pilot Fund in April 2020 and invited councils throughout New Zealand to apply for part of the $7m that was initially made available. The maximum any project would be funded is $1m.

6. The fund is primarily about creating safe and attractive streets for all users including pedestrians, cyclists and other non-car modes of travel. The fund does not seek to fund permanent treatments but does seek to demonstrate the value of potential future permanent changes to the community. This ‘tactical urbanism’ is about quick, cheaper approaches to trial new ideas and see what works in our cities spaces.

7. Four trial areas were submitted to WK for consideration in the first round of applications to the contestable fund. These four areas were endorsed by resolution at the 5 May 2020 Council meeting. WK requested that three of the trial areas submitted in the application be amalgamated in the one project. In response to this request, the extent of the project study area was confirmed to include the routes shown in the diagram below:

8. In June 2020, WK confirmed that it would provide 90% funding assistance to the Innovating Streets at the Mount project, providing a total project budget of $990,000.

9. The expectation from WK is that proposals are developed through a co-design approach that allows the community to be directly involved in the way the project is shaped, created and delivered.

10. Funding from WK runs until 30 June 2021, although subject to guidance from the community and final decision by Council the trials might be in place beyond this date.

11. To assist in the project, engagement, communications, design and transport engineering consultants have been engaged. The design and transport engineering consultants were chosen after an RFP weighted attributes tender process.

Progress to date

What community engagement has been undertaken?

12. In the spirit of co-design, community engagement has been planned to be extensive and thorough, and comprise three phases. The first was undertaken in August and September 2020 and informed the public about what the project might comprise, why the project was proposed, when it might be undertaken, where it could occur, how people could contribute and who was paying for it. The second phase proposed for November 2020 is to receive feedback on options and proposals. The third, subject to a decision on whether or not to proceed, is proposed to commence from April 2021 and is to gather feedback on the actual responses from the public on the success (or otherwise) of any scheme implemented.

13. The first phase of community engagement comprised the following:

(a) Communications via numerous repeating advertisements and sponsored articles in the Bay of Plenty Times and Sunlive, on radio, Facebook, Neighbourly and LinkedIn.

(b) Regular updates on Council website with an online feedback form.

(d) Media briefings and releases.

(e) Brochure distribution to all dwellings and businesses to the north of Tweed Street to Mauao. Brochure, printed feedback form and posters also made available at Mount library, Mount Hot Pools and Surf Club, Baywave and local schools.

(f) Individual approaches by project team to all businesses fronting the proposed routes and other businesses in the immediate vicinity.

(g) Visits with Travel Safe Team to four local schools with workshops held.

(h) Two public drop-in sessions held on Marine Parade.

(i) Presentation and workshop with Mount Ratepayers, Residents and Retailers Association.

(j) Individual presentations and meetings with key stakeholders including the TCC Takawaenga unit, Tourism Bay of Plenty and Mount Mainstreet.

(k) Email approaches to approximately 350 key stakeholders.

14. Formal community feedback via electronic and written submissions was received from 19 August to 7 September 2020. A total of 1,236 people and organisations provided feedback.

What did we hear from the community in the first round of public engagement?

15. A summary report on the findings which is attached. Two key findings from the engagement are:

(a) there is a significant amount of people that do not think these routes are safe for people on bicycles, scooters, skateboarders and other wheeled devices; and

(b) the majority of the general public, Mount Maunganui residents, businesses in the area, and people who visit the area would like TCC to trial some improvements to these routes.

What is the co-design process?

16. To facilitate co-design, it was decided to form a ‘community design group’ (CDG) who would work alongside the engagement, design and transport engineering consultants (Viewpoints, Isthmus Group, Gap Filler and Flow respectively), and the Council team to prepare proposals for the second round of public engagement planned for November 2020.

17. To form the CDG, the public was invited during the formal public engagement phase in August and September 2020, to register to be part of the group. Over 180 registrations were received. To ensure the group was a manageable size and that there was a fair cross section of viewpoints, the engagement consultant devised an impartial selection method which was overseen by the local Police.

18. The CDG comprising 25-27 members has now met three times and worked closely with the consultants to confirm the options to be presented to the public in November.

What design options are currently in development?

19. The design and transport engineering consultants are currently finalising design options for the identified routes. Unfortunately, none are yet in a stage of development to be displayed at present. The favoured options (2-3) are to be presented to the public in November 2020 for feedback.

20. Because of the length and varied nature of the routes, there may be multiple possible approaches taken to the trials proposed. There can also be combinations of different approaches along a particular route or during the trial period. Options being explored include:

· maintain the status quo with no changes;

· separated cycleways;

· shared surface solutions where different modes of transport jointly use the street environment;

· in addition to physical changes to the street environment, making ‘modal shift’ interventions in transport methods for moving about the area, hence making provision for such items as supplementary public transport services and/or private hire of facilities such as scooters and bicycles; and

· placemaking opportunities including creating conditions for ‘activation’ – community participation in making changes to the street environment.

21. Very short term (1-2 day) trials might be considered to explore possible immediate effects of changes prior to full implementation of the longer term and more widespread trial schemes. These would be proposed only in select locations and be very modest in scale and extent. Such proposals are still being explored.

How will a decision be made on what trials will be implemented?

22. The second round of public engagement is to run for two weeks in November 2020 and will comprise a majority of the techniques employed in the first successful round. Exact details of this engagement round are still being finalised.

23. Public feedback on whether or not to proceed and any preferred options will then be taken to the fourth CDG workshop planned for mid-December 2020. The group will then be asked to confirm a recommended course of action which will be included in the report to Council, planned for PSOC in February 2021.

24. Subject to a Council decision on whether or not the trials should proceed, as well as the extent, duration and nature of the trials, it is planned that any implementation of the trials will occur in March 2020 with opening in April 2020.

How will we measure the outcomes of the trials?

25. Monitoring and evaluation are seen as a crucial component of the trial. It will comprise quantitative and qualitative surveys undertaken both prior to implementation and during operations. Aspects such as usage counts of the area for all modes of transport, including parking will be recorded, as will ‘sentiment’ assessments on perceived changes resulting from the trials. WK will assist in the design of the evaluation methods to ensure useful data is gathered in a way that is consistent with other trials occurring around New Zealand at the same time.

26. The final round of public engagement is also planned to occur once implementation and operations have been undertaken. The exact nature of the public engagement will be tailored to the duration, extent and nature of the trials, and will be integrated with the monitoring and evaluation that is required.

Strategic / Statutory Context

27. The project is aligned with the SmartGrowth Agenda and Urban Form and Transport Initiative which aims to grow walking and cycling and create more vibrant and livable cities.

Financial Considerations

28. WK funding of 90% of the project’s budget covers external costs including consultancy and construction costs.

29. WK funding runs until 30 June 2021 after which any costs will be covered by the Cycle Action Plan budget. Subject to the nature of the trials occurring, as well as their duration, any Council costs after this date will primarily involve reinstating the carriageway environment to the current conditions.

30. Because of the temporary nature of interventions, construction costs will be modest and restricted by the funding available. A substantial proportion of the budget has been allocated to the extensive communications, engagement and design components of the project with costs to date tracking to the preliminary budget.

31. Council’s term maintenance contractor (Higgins) is proposed to be engaged to undertake any modifications to roading to accommodate the trials, as well as reinstate the carriageway environment at the completion of the trials to the current conditions.

32. Subject to the nature of the trials approved, it is hoped that opportunities for community involvement in establishing the trials will occur. For example, in the construction of planter boxes, street art and the like. These opportunities will be fully described in the February 2021 report to Council seeking approval to proceed.

Legal Implications / Risks

33. The key risks going forward are associated with public opposition to the trials, and the project not meeting expectations of the public when options are presented through the second round of community engagement. This second risk could arise from the limitations placed on the project by the need to work within a relatively small construction budget. Any design proposals must work within these restrictions.

34. Risks that the trials cause a greater level of congestion and inconvenience to the affected streets than is anticipated, or acceptable can be mitigated by the fact that the project is for temporary, low-cost works that can be altered or removed at very short notice.

35. Anticipated risks associated with dissatisfaction with the level of community engagement have been mitigated by the extensive consultation initiated, and the formation of the CDG in a transparent manner.

36. The other major risk arises from the short timeframes the project is working within. This has been brought about by the WK funding finishing 30 June 2021 and the desire to have approximately three months available up to that date for any trial works to be monitored and/or altered as needed. The planned programme has been followed to date with Council confirmation as how to proceed still planned for February 2021.

Significance

37. Tauranga’s Significance and Engagement Policy determines whether a matter is significant. In making the assessment against this policy, there is no intention to assess the importance of this item to individuals, groups or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions. Materiality is defined as being something that would influence the decisions or assessments of those reading or responding to the consultation document.

38. The matters outlined in this report are likely to be of moderate significance and public interest, as they relate to a highly used and high profile location and could lead to significant investment in the public realm within the Mount Maunganui area. Depending on the preferred option, the transport impacts of the proposal will also be of moderate significance and public interest.

Next Steps

· Public consultation: November 2020

· 4^th CDG workshop: mid-December 2020

· Monitoring of traffic and parking in pre-trial conditions: January 2021

· Report to Council seeking confirmation on whether or not to proceed with trials, as well as the extent, duration and nature of the trials: February 2021

· Construction and initial community placemaking to commence: March 2021

· Operation of trial and activation activities: April 2021

· Monitoring of traffic and parking in trial conditions: April 2021

· Third round of community engagement: April 2021

Attachments

1. Public Feedback on Innovating Streets at The Mount - Full Report - A11866973 ⇩

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.5 Omanawa Falls - Project Update and Consenting Strategy

File Number: A11826779

Author: Mark Smith, Manager: Spaces & Places

Authoriser: Gareth Wallis, General Manager: Community Services

Purpose of the Report

1. Further to receiving a peer review of the Omanawa Falls management and development options in August 2019, Council resolved (M19/55.5) that it:

“(b) Supports the recommended staged approach, working with all interested parties to safely manage the site entry and visitor experience in the short term; and

(c) In association with Tourism Bay of Plenty and all interested parties, facilitates the development of a project governance structure for longer term options.”

2. This report provides Council with an update on the status of the project since this direction from August 2019.

3. This report does not address future ownership of the land, other than to acknowledge hapu’s aspirations. Staff propose progressing this in a staged manner and discussions are required with Ngati Hangarau to further explore the hapu’s aspirations regarding this land, before considering Council’s options moving forward.

Recommendations

That the Projects, Services and Operations Committee receives the Omanawa Falls – Project Update and Consenting Strategy report.

Executive Summary

4. A Governance Group has been established with representatives from Ngati Hangarau, Tourism Bay of Plenty (TBOP) and Council to ensure the project direction and deliverables are considered, transparent, and agreed between the respective parties.

5. The current total project cost to provide physically and culturally safe site access is $3,857,224.

6. Funding of $1 million has been secured through the Tourism Infrastructure Fund (TIF) to contribute towards the provision of safe and fit for purpose public access to the base of Omanawa Falls, car parks, toilet facilities and park furniture. Council approved, through the Annual Plan, additional budget of $857,224. Staff are exploring alternative funding opportunities to secure a balance of $2 million required to deliver safe access to the base of the Falls. Council has previously contributed approximately $1 million for the purchase of 1031 Omanawa Falls Road, and other expenses.

7. The TIF funding application specified project milestones to be achieved, which include amongst others, securing the necessary consents for the various stages of works. Receipt of funding is dependent on achieving these milestones, which are being tracked and any variation will be reported to the Governance Group, TIF and to elected members.

8. Planning advice has been sought to consider the options for obtaining the necessary consents. The planner considered two options; proceed with consenting under the current rural zoning, or to classify the land as a reserve pursuant to the Reserves Act 1977. Based on the advice of the planning advisor, and the Council decisions in 2017 and 2019, the project team intends to proceed with consenting under the existing land status.

9. Ngati Hangarau have provided a set of principles, the “Omanawa Principles”, adapted from the Tauranga Moana Design Principles, which inform the project team and our advisors and consultants. Within those principles, the hapu have expressed a long-term desire to have the whenua (land) returned to them and short- to medium-term aspirations to co-govern/co-manage the whenua and the activity on it. Ngati Hangarau are currently collaborating with Council and its advisors on procurement, design and delivery of safe and fit-for-purpose public access.

10. Ngati Hangarau are also working with TBOP to explore possible “experiences” at the property, once safe access has been established. Their aspirations for future experience opportunities, together with the principles they have shared are being considered in the investigation, design and delivery of safe access.

Background

The Property

11. Tauranga City Council owns 6.6154 hectares of land at 1031 and 1041 Omanawa Falls Road, Tauranga (the Property). A plan showing the extent of the Property edged red (1041) and yellow (1031), is shown below.

12. The Property falls within Western Bay of Plenty District Council (WBOPDC) boundary and is zoned as rural land under the WBOPDC District Plan (District Plan).

13. The Property falls within the rohe of the hapu of Ngati Hangarau and iwi of Ngati Ranginui.

14. While Omanawa Falls is included in the Reserve Management Plan as a Heritage Reserve, it is not subject to the Reserves Act 1977 (RA).

15. The Property is classified as a “park” under the Local Government Act 2002 (LGA), and as it was acquired (in parts) by Council between 1916 and 2018, the Property is subject to the Public Works Act 1981 (PWA). An application and analysis of this legislation is not provided in this report however, this together with information regarding the Property, including its history and use, will be brought to Council to consider at a later date. However, legislative consideration, including public consultation will be required if Council were to consider a transfer of whole, or part of the property, or a lease for a term greater than six months.

Principles

16. Ngati Hangarau have been, and will continue to be instrumental in the success of achieving safe access to the base of Omanawa Falls. The hapu has developed a set of principles which will inform procurement, design and delivery of safe access, and also express their aspirations regarding activity and use of the whenua, and future land ownership. Two representatives of the hapu are members of the Governance Group and the Project Team, and this helps to ensure the principles are followed. A copy of the principles is attached (see Attachment 1).

PROJECT UPDATES

Funding

17. An application was made to the Lotteries Environment and Heritage (LEH) fund in August; the outcome of this funding application will be known in early November. While the requirement for resource consent for a project applying to the LEH fund is a risk in securing funding, this was mitigated by the focus of the application being on items not requiring consent.

18. The project has been introduced to potential funding partners/sponsors and engagement with these possible funders will continue to develop, to identify genuine opportunities to secure funding.

19. In due course, this project will be included as part of the suite of “Caring for Communities” projects submitted for possible Government funding.

Design

20. Isthmus are providing landscape architecture services to the project. Tonkin and Taylor are providing engineering and escarpment access design services to the project.

21. Three design workshops are planned with the project partners to finalise design. These design workshops will finalise a preferred access route and form. The Omanawa Principles will be used to guide this design process.

22. Tonkin and Taylor carried out the Omanawa Falls Access – Concept Options Assessment in 2016. Given the difficult site terrain, Tonkin and Taylor have identified the most feasible option for delivery is a bush track option through native bush, with a new walking track (including stairs) to gain access to the Falls.

23. Detailed cliff stabilisation design work is scheduled for completion in early November 2020. Detailed design of lookout and access to water is scheduled for completion in early January 2021.

24. Depending on procurement approvals, works to complete cliff stabilisation could be carried out whilst the detailed design of lookout and access to water is being completed.

Timing

25. Detailed design of the works detailed in paragraphs 19 – 23 above is expected to be completed in early January 2021.

26. The project team are currently working with the planning consultant to establish what works can be progressed without the need for a Resource Consent. Part of this conversation is also covering timing for issue of consents e.g. at what stage of design (concept, development, detailed) consents can be issued.

Consenting

27. Planning advice has been sought for the project to achieve safe access to the Falls. These works have been categorised as follows:

(a) new and upgraded tracks (including maintenance) to Omanawa Falls;

(b) carpark and toilet block; and

28. The planning advice considers the distinctions between a planning process under the current rural zoning, and a process if the land was classified as a Reserve pursuant to the Reserves Act 1977(Reserves Act) for three different track options.

29. All three track options could be consented as they do not include activities that are prohibited by the relevant planning documents.

30. Council considered the classification of Omanawa Falls (and a number of other parcels) under the Reserves Act in November 2017 (DC285 – Declaration and Classification of Reserves). This report proposed a number of properties for classification, or reclassification under the Reserves Act, and because of the subsequent legislative consultation required to facilitate this outcome, Omanawa Falls was removed from this process (M17.103/9)

31. On the basis of the previous Council decision, the advice of our planning advisor and the intent of the Council decision in August 2019 that the staged approach included a discussion on future ownership of the properties, applications for resource consent will be submitted under the current rural zoning of the land. It is anticipated that these will be lodged in December 2020.

Management, governance and ownership

32. The hapu have expressed their aspiration to own the whenua in the long term. There are a number of ways that this can be achieved and in addition to considering the relevant statutory and policy process considerations, further discussions are required between Council and hapu.

33. A detailed paper will be brought to Council in due course however, the considerations that Council will be asked to assess when deciding on the appropriate structure for management, governance and ownership include:

(a) the land is deemed to be a park under the Local Government Act 2002, which will, if Council considers a transfer or lease for a period of more than six months, require a public consultation process;

(b) the various parcels compromising the property were purchased by Council for a public work at different times and are therefore subject to the Public Works Act 1981 (PWA), with potential offerback obligations in relation to two areas within the titles, should the public works cease on the land. At the time management, governance and ownership discussions occur, options for ensuring compliance with the PWA will be explored. A summary of the PWA purchases is included below;

(c) the TIF funding requires that Council own and maintain the assets constructed using the funding. If Council were not the landowner, an appropriate mechanism to ensure the integrity of the structures, their use and management, and any associated risks would need to be explored for discussion; and

(d) the maintenance of the assets in accordance with the TIF funding requirements will require OPEX contributions from Council. These cannot be quantified until further design detail is known however, this information will be presented to Council to inform decision making.

34. The Property is held in two titles, made up of six parcels acquired at separate times by Council. While each of the parcels, and the Property as a whole are subject to the PWA, two of the six parcels may have potential offerback obligations in certain circumstances. A summary of the titles and parcels within them is attached (see Attachment 2):

Communications and engagement

35. The Governance Group endorsed a Communications and Engagement Plan for the Omanawa Project. The key elements of the plan are:

(a) to continue to manage communications about the current status of the site to deter visitors from the area while the site is closed and safety issues have not been resolved;

(b) to focus on engaging with Ngati Hangarau and TBOP in terms of design; and

(c) to continue to inform neighbouring property owners and other stakeholders of process and progress throughout the duration of the project.

Significance and Engagement

36. Under the Significance and Engagement Policy 2014, this matter is considered low significance as it flows from a prior decision.

37. Council will continue engagement with Ngati Hangarau, which will assist Council to meet its obligations to tangata whenua through the Treaty of Waitangi and Local Government Act 2002.

38. Proposals for engagement, appropriate to any particular future steps will be discussed with Council as and when those matters arise.

Next Steps

39. Progress design processes and subsequent resource consent applications.

40. Continue to pursue opportunities to fully fund the project to ensure safe site access.

41. Continue discussions with Ngati Hangarau regarding future aspirations for the management, governance and ownership of the whenua.

Attachments

1. Omanawa Principles - A11899655 ⇩

2. Summary of Purchases of 1031 and 1041 Omanawa Road - A11908115 ⇩

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.6 Executive Report

File Number: A11876204

Author: Paul Davidson, General Manager: Corporate Services

Barbara Dempsey, General Manager: Regulatory & Compliance

Susan Jamieson, General Manager: People & Engagement

Christine Jones, General Manager: Strategy & Growth

Nic Johansson, General Manager: Infrastructure

Gareth Wallis, General Manager: Community Services

Authoriser: Christine Jones, General Manager: Strategy & Growth

Purpose of the Report

1. This report is to provide an update and summary of key areas within Council.

Recommendations

That the Projects, Services and Operations Committee:

(a) Receives the September Executive Report;

(b) Confirms the following Councillors to be the representatives on the Mount Air Quality Working Party (up to four Councillors are recommended)

a. Cr_______

b. Cr_______

c. Cr_______

d. Cr_______;

OPENING UP THE ANNUAL RESIDENTS’ SURVEY TO THE CITY

2. Each year we run our annual residents’ survey to take a pulse of the city. This year’s survey has just begun. It canvasses the opinions of pre-selected residents and is calibrated to ensure the responses reflect a representative cross-section of our community.

3. This year we have decided to open these questions up to anyone in the community who wishes to participate. The survey will be offered on a trial basis through our website, from October 2020 to January 2021. At the end of the trial, we will assess the volume and quality of responses received. If it is useful, we will look at continuing the trial for the remainder of the 2020/21 year.

4. We hope the trial will have a number of benefits:

· It’s transparent from a resident perspective, as everyone has the opportunity to provide feedback by answering the same open-ended questions;

· It is easy and cost-effective to publicise on our website and share online;

· If we get enough data, it could provide useful extra insights about residents’ key interests.

5. If enough data is collected, we will report on the open survey results internally, in a separate format to our annual residents’ survey, so that the statistical integrity of the official survey results is not undermined.

6. A link has been available on our website from 16 October.

licence plate recognition (lpr) parking enforcement

7. Council has purchased and is now implementing a Licence Plate Recognition (LPR) system to effectively manage parking. This system uses high resolution cameras and GPS mapping to identify vehicles that are overstaying the P120 restrictions and shuffling their vehicles to avoid chalk marks. The integration of the LPR system has been completed and the first Infringement notices have been sent out.

kerbside update

8. Negotiation of the Kerbside Collections Contract has been completed and the contract was signed with EnviroWaste on 16 September 2020. The service will begin on 1 July 2021. The new Kerbside services will help the city halve the amount of household waste we send to landfill each year by 2028, lead to better environmental outcomes and reduce costs for the majority of residents.

9. As agreed by Council on 25 August 2020, this Contract is for the Bin Size Selection option with selection of bin sizes to occur in the second year (2022). The Contract is for Fortnightly rubbish (140L wheelie), Fortnightly recycling (240L wheelie), Fortnightly glass (45L crate), Weekly food waste (23L bin) and opt-in monthly garden waste (240L wheelie bin).

10. Council staff and EnviroWaste are currently meeting fortnightly to manage the implementation, with bin delivery roll-out to begin from March 2021.

11. Residents will soon be asked if they would like to opt-in to the garden waste service, to ensure this service will begin from 1 July 2021, for those who wish to receive it.

12. Meetings with residents of multi-unit dwellings and unique properties started earlier this month.

pedestrian counters

13. We will be implementing a network of pedestrian counters next year, enabling us to collect data in real time. Historically, pedestrian counters have been installed as a temporary measure for specific projects or events. While this may provide information in terms of visitor numbers at a specific place and time, it is ad-hoc and does not provide appropriate data for comparative and trending purposes.

14. Bus passengers, cyclists, scooters and pedestrians are the measures of a vibrant and healthy city. What gets measured gets managed and as the city grows, we need the ability to measure these transport modes and the patronage of our CBD.

15. We will be collaborating with organisations like Tuskany and Priority One to help ensure we collect the right data from the right locations.

summer water use

16. We issued a media release on the 6 October 2020 to encourage Tauranga’s residents to be early adopters of water conservation habits. In addition to the challenge of supplying the water demands of a growing city during the heat of summer, this year Tauranga is facing a new water supply constraint of lower flow levels in the rivers that supply our drinking water.

17. The early conservation messaging is aimed at ensuring the community is informed that low stream flow levels, combined with increased water use in summer weather, will impact on the municipal water supply and may lead to earlier and / or harsher restrictions this year.

18. This messaging aligns with the media release and notification from BOP Regional Council, highlighting potential water shortages, particularly for surface water takes.

19. Tauranga’s current rainfall (January to September) this year is down more than 30% compared with the average rainfall for this period. MetService reported that the city experienced its third driest September in 77 years.

cameron road update

20. The Cameron Road multi-modal project will contribute to achievement of Council’s wider strategic objectives articulated through UFTI and Te Papa Spatial Plan. The three key project objectives are to:

(a) Make Cameron Road safer for all modes (Improved Safety)

(b) Provide a wider range of transport options (More inclusive access)

21. Due to alignment with central government outcomes, TCC received notice of successful CIP funding in August 2020 for the design and construction of the Cameron Road project, Stage 1 (Harington Street to 17^th Avenue). An agreement was signed on 5 September 2020 and since then, the project team has been working through the programming and resourcing requirements to accelerate this project and ensure CIP funding milestones are achieved.

22. Key CIP funding milestones include:

(a) 1 May 2021: Commencement of enabling works on site

(b) 1 September 2021: Commencement of main construction

23. Although, the CIP timeframes are challenging, the project is utilising some innovative procurement and agile, non-linear project management that will reduce design and cost risk, as well as accelerate delivery. Notwithstanding the constrained timeframes, the project remains on schedule. Key progress includes:

(a) Early Contractor Involvement (ECI)

(i) Tenders closed on 8 October 2020, with award to 2 shortlisted contractors by late-October.

(ii) An early contractor involvement (ECI) type approach will see two contractors on board through the detailed design development. That approach will provide council with assurance of design constructability, construction staging and cost certainty. We will also be adopting the Christchurch CC contractor stakeholder ownership model through construction, so the ECI is a good opportunity to get the eventual contractor aligned with council engagement expectations, understand challenges, and build relationships with our key stakeholders through design development.

(b) Design

(i) The preliminary design is expected by the end of October.

(ii) Detailed design is currently out to tender. There were interactive sessions with tenderers on 21 October. Tenders close on 11 November, with award expected to be early-December, subject to Council approval. We are working with our internal Waters teams (waste and water reticulation) because the project is a cost-effective means to complete asset renewal and improvements to accommodate intensification.

(i) We have been working with key stakeholder groups for nearly two years on this project, through development of the business case. In late-October, we are running a series of workshops to continue the journey with those key stakeholders. The key stakeholders and champions within those groups become advocates, and a ‘voice’ for the project in the wider community. Our Mana Whenua partners are excited that this project is an opportunity to put the Te Papa Spatial plan principles into action.

(ii) From a communication perspective, public consultation will begin in November. We are ensuring clear communication of the project objectives from the outset (in plain language, not business case language), and being open and transparent about the requirements of the CIP agreement.

(d) Project Governance and Reporting

(i) This is first major project to run through the new Transportation structure. The restructure specifically incorporated provision for strong governance and accountability. Project governance will report and convene monthly, with an executive brief or report to each PSOC meeting for the duration of the project.

PEOPLE AND ENGAGEMENT

Communications & Engagement

24. Media coverage in September showed a strong focus on mayor and councillor relationships and resulted in the highest number of negative media articles since the 2019 election.

25. Media coverage on council projects was more positive, including council services and community engagement. There was mixed feedback on transport (safety around bus lanes on Links Ave & Hairini Street) and kerbside collections (partnering with an overseas company but offset with the service having reduced costs and promoted waste minimisation).

26. The engagement team has prepared an early engagement plan and guide for having conversations with our community on our long-term plan goals, aspirations and process. Conversations with identified stakeholder and community groups, led by General Managers, are scheduled for October and November.

27. Work is underway on an overarching organisational communications and engagement strategy. The focus of this strategy will be on how our teams service the organisation and communicate and engage with our communities.

Te Pou Takawaenga (Takawaenga Unit)

28. Te Papa Principles in the Te Papa Spatial Plan: Following on from the previous report, you will now have seen the draft Te Papa Spatial Plan and the input from mana whenua to support the community aspirations across the Te Papa peninsula. This input was drawn from a series of workshops based on Te Aranga Design Principles, adapted to Tauranga Moana and then applied to the Te Papa project. The result is a clear foundation from which the community story can be told and developed to respond to growing communities. Kaupapa Maori principles and whakatauki are interwoven with the planning framework to design a plan unique to Te Papa, creating a real sense of place and connection for all. This is a transformational opportunity and reflects stronger partnership in our planning processes.

29. Kaupapa Maori Training Suite: Training in the use of Te Kete Matauranga (knowledge basket) is now well underway. The Te Kete a Rohe (previously ‘Cultural Connections’) programme has resumed following the pandemic lockdown and alert level restriction periods and is running once a month. This has been provided to council staff, as well as external groups such as Oranga Tamariki, the People’s Project and other community partners. A popular addition has been Te Kete Ipurangi, which is a topical online seminar covering things like iwi histories, te reo journeys and significant sites across Tauranga City.

30. Whareroa Air Quality: Following the Council decision to develop a report on options for Whareroa, supported by a similar decision by BOPRC, Te Pou Takawaenga facilitated a successful meeting to introduce Paul Beverley to the Whareroa iwi, hapu and marae representatives. This has set a foundation for this work, whereby the two councils and tangata whenua are working collaboratively to look for practical solutions. Whilst this is certainly a difficult situation, spending time to understand the common goals sets the pathway for a healthy and robust way forward.

Customer Services

31. The Service Centre went live with a virtual meeting offering for customers in September. Every customer that requests a LIM or property file is now offered the option of selecting a date and time for a Skype meeting with Service Centre staff, if they have any follow-up enquiries. Customer adoption of this initiative is building slowly, with positive feedback received from users.

32. The Contact Centre is preparing to migrate its telephony platform to Skype for Business this month. The underlying technology is more resilient than the aging PBX environment that currently exists and will provide better failover options, in the event of an issue with the phone system.

Ombudsman’s Audit

33. The timeframe for receiving the draft report (called the provisional opinion) resulting from the Office of the Ombudsman’s audit of the Council’s Local Government Official Information and Meetings Act 1987 (LGOIMA) processes has been extended to the end of October 2020. At the time of writing this report, the provisional opinion had not been received.

34. The provisional opinion will be available for the Council to provide management comments in response to any of the recommendations. The Ombudsman’s Office will consider any comments before publishing a final report, which is tabled in Parliament. It is expected that the report will set-out a series of recommendations for the in-house working party to pick-up and progress.

Māori Ward and STV

35. The Council resolved to establish a Māori ward on 25 August 2020. A public notice has been in the newspapers and on the Council’s website, advising the public of the right to demand a poll to countermand the Council decision. The demand must be in writing; be signed by at least five percent of electors enrolled as eligible to vote at the previous triennial election of the Tauranga City Council; and be provided to Council by 22 February 2020. The Electoral Officer has been contacted by people who indicated they wished to organise a demand for a poll. Any members of the public who contact the Council are referred to the organisers.

36. A further public notice in relation to the Single Transferable Vote (STV) system, advising the public of their right to demand a poll on the electoral system to change back to First Past the Post (FPP), was published in newspapers on 12 September 2020. The Electoral Officer has not been contacted by any persons with regard to a demand for a poll.

Epidemic Preparedness Notice Extended

37. The Epidemic Preparedness Notice has been extended further to 22 December 2020. This means a continuation to the legislation amendments that enable: remote attendance at council and committee meetings via audio or visual link to be counted towards the quorum of the meeting; council/committee meetings to be open to the public through online access; and posting of meeting agendas, reports and minutes on council websites rather than physical locations. There are other provisions that enable various actions to occur remotely via audio/visual link, such as new members taking oaths of office and rates rebates statutory declarations and Order in Council mechanisms to enable changes to by-election timing.

Flexible Ways of Working (FWoW)

38. Our new FWoW policy has had a significant impact on the way we are using our city centre office spaces. The results of a recent workplace survey show that our office occupancy has dropped to an average of 55%. A small team continues to evaluate options for optimising our current and future accommodation requirements. A functional brief (workplace strategy) is being used to develop options for office layout, functional spaces, and detailed floorplate design concepts and costings.

Priority Health and Safety Risks

39. We have reached the implementation phase of the Priority Risk project, which is concerned with understanding and controlling risks that can result in fatalities or irreversible ill-health. Over the coming weeks, we will be introducing 13 priority-risk, minimum control standards to the organisation. These standards will guide our activity managers towards ensuring that the highest risks associated with their activities are effectively managed, keeping our people healthy and safe, every day.

Regulatory and Compliance

Building Services

40. Historically, we have struggled to fill vacancies in this group, but in the last three months, our recruiting process have been successful. Filling these vacancies will assist with improving processing timelines and reducing wait-time for inspections.

41. A training programme has been established to ensure that Building Consent Authority (BCA) staff are maintaining their competency and working towards upskilling and increasing their competency. With the increase in Commercial projects, particularly at Tauriko, it is essential that staff have the appropriate competencies to be able to process applications and carryout the relevant inspections.

Environmental Planning

42.

After a busy June and July, applications received dropping slightly in August, then picked-up again in September. The overall applications received are consistent with previous years.

43. We have hired and will be filling the last Development Engineering role within the team in November.

44. A new pre-application process has been developed and will be launched in the coming weeks. This includes minimum requirements and logging a formal request. The team has been working hard on reviewing and streamlining processes, developing new templates, rolling-out advice to developers, clearing backlog consents (down to 60 from around 220 earlier this year) and starting to send out regular updates and communications to developers and consultants.

45. We are working with the Te Pou Takawaenga to review our engagement protocols with Iwi, refining how we run hearings, update conditions, prepare for plan changes and capture all existing processes.

Timaru Oil Services Limited Resource Consent

46. On 12 August 2019, an application was lodged on behalf of Timaru Oil Services for the development of a bulk fuel storage facility at 216 Totara Street. The application is for resource consents required from both Tauranga City Council and the Bay of Plenty Regional Council. The application was on hold for a significant period of time while the applicant worked towards the provision of an updated landscape report. On 17 September 2020, the application was notified on a limited basis to Whareroa Marae, Ngai Te Rangi, Ngati Kuku, and Ngai Tukairangi. The submission period closed on Thursday 15 October 2020. An indicative hearing date has been scheduled for 2 December 2020. To date, at least one submission has been received, in addition to a request that the hearing be held at Whareroa Marae. The Bay of Plenty Regional Council is organising the hearing and is looking into the feasibility of this request.

Mount Maunganui Air Quality Working Party – Tauranga City Council Representatives

47. By way of background, on 11 August 2020 Tauranga City Council heard presentations from representatives of Whareroa Marae and Clear the Air, a residents’ group concerned about pollution in the Mount. Both presentations reflect wider and ongoing concerns about the interface between industrial and residential activity in the area. Air quality issues are one aspect of this, but concerns around noise and hazardous material have also been raised.

A number of responses have been underway over the past few years in relation to this issue, including various regulatory investigations (following complaints etc.) and now the scoping report into possible options for managed retreat of pollutant industries, which is being jointly funded by TCC and the Regional Council (as reported on 11 August 2020, and via direct updates).

This report relates to the establishment of a working party for air. While air quality matters fall within the jurisdiction of the Regional Council, under the Resource Management Act 1991, there has been a widespread recognition that a multi-agency and multi-stakeholder approach is needed to address this matter.

On 6 October, council received an invitation letter from the Chief Executive of the Bay of Plenty Regional Council for Councillors to participate in the “Mount Maunganui Air Quality Working Party” (the Party). We have also received draft Terms of Reference for the Party. Copies of both the invitation and draft Terms of Reference are included as attachments to this report.

The stated purpose of the Party (per the draft Terms of Reference) is:

“…to bring together agencies, communities and industry to formulate actions which will contribute to improving air quality in the Mount Maunganui Airshed.”

While the Party is not a decision-making body, it is proposed to give it a range of functions, including information-sharing, co-ordination and hearing tangata whenua and community views.

The Regional Council has asked TCC to confirm (via this Committee) our representatives on the Party. Up to four Councillor representatives are recommended. The first meeting is proposed for December.

Environmental Regulation

Regulation Monitoring

48. Enforcement of Hairini bus lane has commenced following a period of warning letters being sent to the owners of offending vehicles. A fixed camera is being used to identify prohibited vehicles using this bus lane.

49. We have successfully secured $165,500 of funding from MBIE for this season’s Responsible Camping programme. Our funding this season covers education and enforcement of the Freedom camping bylaw, increased servicing and clean-ups of freedom camping hotspots and public facilities, and a strategic communication campaign.

Environmental Health and Licensing

50. The Alcohol Licensing Team has noticed an influx of Temporary Authorities being applied for by new business owners (10 applications over the past two months).

51. Food and Alcohol applications are increasing and are likely to increase further as we move into summer, with many “Special Events” scheduled for the City. All staff, including our noise specialist, will be working with the applicants to ensure the application process runs smoothly and the events are managed appropriately.

52. Staff have recently initiated an infringement process, under the Resource Management Act, for noise complaints involving recidivist offenders who continue to offend after receiving an abatement notice. The first round of fines will be sent out soon.

Animal Services

53. Leading up to Christmas last year, we received multiple reports about dogs attacking and killing cats in the Matua area. Three dogs were seen in the area at the time. An investigation was undertaken, resulting in seven charges being laid against a dog owner for allowing his dogs to roam; owning a dog that attacked cats; and owning an unregistered dog. The owner was convicted on all charges in the Tauranga District Court on 5 October and now faces a total of $6,357.50 in fines, court costs and reparation. Two dogs were euthanised and the owner has been disqualified from owning a dog for five years.

54. Attached to this report is the council Practices and Policy in Relation to the Control of Dogs for 2019/2020, for your endorsement. The Dog Control Act 1996 requires all territorial authorities to report annually on the outcomes associated with key areas identified in the Dog Control Act 1996. This includes:

· the number and type of complaints received

· the number of infringements issued

· prosecutions taken

· and the number of registered dogs and their classification status.

CORPORATE SERVICES

Airport

55. The Airport saw a resurgence of passenger volumes and available capacity once Tauranga returned to COVID-19 Level 1 restrictions mid/late-September. The school holiday period has been busier than normal domestically, but lack of international travel mean overall volumes are lower than normal for this time of the year. Details of volumes is as follows:

· September passenger numbers were 24,000 compared to 46,000 September 2019, with an equivalent fall-off in carpark usage

· General aviation traffic is at 80% of the pre-COVID level.

56. The upcoming runway overlay project is out for tender. This project covers the renewal of the main runway and will extend its life for a further 10-plus years.

Risk Services (Including Business Continuity)

57. The Business Continuity Management System (BCMS) programme has been realigned. Business Continuity Plan development for all departments is underway. We have currently completed 137 BCMS activities towards the programme development. By the end of 2020, we plan to have released tailored Business Continuity Plans to all departments for final review. This will be a significant milestone.

58. Internal audit has completed Part 1 of the fraud risk audit, as per the revised internal audit plan. Minor opportunities for improvement have been identified and are being implemented. Part 2 of the fraud risk audit is to be undertaken and completed before the Christmas break.

Procurement

59 Procurement completed the first round of council-wide stakeholder engagement on the proposed update of the procurement policy, meeting with the Executive team and workshopping key points with elected members. The first of two workshops have commenced with the Procurement team on the Procurement Strategy.

60. The Fleet issues and options paper was presented to the Executive and was agreed. Work is now commencing on the updated policy and procedure. An online training module has now been launched for vehicle inductions, making the process more efficient and easier to document.

Legal Matters

61. Legal matters are reported separately, but of note is the assistance provided to achieve significant project milestones in relation to completion and signing of contracts for the Waiari Water Treatment Plant and the Kerbside Waste Collection Services.

Finance

62. We are continuing to work with Audit New Zealand on the audit of the Annual Report. Council’s meeting for adoption of the audited report is 28 October 2020.

63. Total gross borrowing at the end of September was $600m. This is the highest-ever level of gross borrowing. The interest rate average at the end of September was 3.4%. Net debt was $517m, due to rates received from the August instalment. The latest floating interest rate on LGFA borrowing was 1.07%, at which we borrowed $20m.

64. Project and operational budgets for the 2021-31 Long-term Plan are currently being prepared and loaded into the new IBIS corporate planning system. This will be followed by a period of review and alignment of projects in the second half of October, along with consideration of costs and contingencies to ensure that realistic budget options can be delivered for consideration by Council in November-December.

65. The first instalment of the 2020/2021 rates has been sent to all ratepayers. $91.6 Million or 97% of rates has been collected to date. There has been no noticeable impact from COVID-19 at this time.

66. Extending the number of days between the due date and the penalty date has resulted in more payments and arrangements. The proactive, friendly messaging follow-up reminders provided by email and mobile phones has again been well received by ratepayers. Revenue collections staff will continue to work with and assist customers to make payment arrangements and reduce late-payment penalties.

67. Rates staff visited 16 retirement villages in September to assist residents to complete their rates rebate applications. Over 500 applications totalling $330,000 were processed. Staff received very positive feedback about the provision of this targeted service.

Boundary changes for Tauriko West, Belk Road, Keenan Road and Tara Road

68. Staff at WBoPDC and TCC have been working with the Local Government Commission (LGC) on an Implementation Scheme for Tauriko West. The Commission meets on 15 October to consider the Scheme and the Second Order in Council to confirm the transfer of the land area to Tauranga City.

69. Three other boundary change proposals emanated from submissions to the Tauriko West boundary change and these are also being considered by the LGC on 15 October.

70. There are 170 property owners affected by the four proposed boundary changes. Subject to a positive decision by the LGC, a communication plan is being developed to directly manage the arrangements with each owner. If approved, boundary adjustments would take place in early to mid-2021.

Property Management

71. 10 Dive Crescent (Fixation Coffee) and 14 Dive Crescent (Iron Design) have been served with a section 124 Building Act notice, with a completion date of June 2021, to either demolish or bring their buildings up to seismic code. A decision to demolish was confirmed in a council resolution made in August 2018.

72. The tenants that currently occupy these buildings, Iron Design and Fixation Coffee, have been aware of the situation for some time and we are working with them regarding vacating in the months ahead.

73. Final COVID-19 Rent Abatements for Community Groups have been completed. One new retrospective commercial rent request has recently been received for April-June 2020, with all others received to-date completed.

74. The Papamoa Holiday Park Lease Assignment to Tasma Tourism Limited has been completed. Introductions to wider council, processes and information collation continues.

Elder Housing

75. Tenancy inspections, Building Inspections, Health & Safety work and Electrical upgrades are underway this month.

Facilities Maintenance

76. A paper is currently being prepared recommending that the Cargo Shed, Dive Crescent, be upgraded to meet the minimum seismic requirements under the building code, enabling this facility to be activated for community use. The building was given a s.124 Building Act notice to bring up to code or demolish by June 2021.

Beachside Holiday Park

77. Beachside Holiday Park continues its positive occupancy trend.

In July, August, September 2020, occupancy totalled 15,357, an increase of 59% compared to last year.

Eight New Cabins have arrived onsite and the aim is to get them operational by Labour Weekend.

78. Work continues on the dining/kitchen area extension and is expected to be completed by the end of November.

Marine Precinct

79. Despite the impacts of COVID-19, the Vessel Works hardstand is fully-booked for the next two months. We are now receiving bookings for 2021.

80. We are in the final stages of implementing revised fees and charges for the facility. We have been consulting with a stakeholder working group to ensure these are appropriate, fit-for-purpose and supported by the marine community.

81. Our on-site Health and Safety Working Group has been working through our priority hazards and identifying solutions to remove or reduce these hazards. We will continue to implement these as an ongoing programme of work.

Digital Lifecycle/Security

82. The two key pillars of Lifecycle and Security are set-up, resourced and are now delivering value, reducing risk and moving the organisation forward with improved, fit-for-purpose technology and systems.

a. The security programme continues to make good progress. Below is a summary of key activities:

i. LastPass enterprise password manager is progressing well, with 760 deployments and registration and training activities continuing to drive adoption and embed this solution

ii. Network Access Control (NAC) has been approved and is now in delivery. This will secure our desktop environment and physical network endpoints like waters and traffic roadside cabinets. It will also allow for an improved user experience for contractors working in our offices, as they will be able to safely connect to our desktop docking stations

iii. Recruitment for the Security Engineer and Technical writer.

b. The lifecycle programme of work for FY21 Q1/Q2 continues to make good progress, with several lifecycle upgrades and renewals already underway to deliver hardware replacements, phone upgrades and several system upgrades aligned to our lifecycle policy.

c. Lifecycle activities have also enabled decommissioning of redundant systems and services, resulting in costs savings through migration of workloads and the shutdown our Dimension Data datacentre infrastructure, which was no longer essential.

Strategic Finance

83. The Strategic Finance programme has now moved its focus to implementing the accompanying SAP invoice management solution, Concur.

84. In parallel, the programme continues to put an emphasis on increasing efficiencies around the new processes and reporting.

SAP Regulatory Implementation

85. After some delays due to contract negotiations, the SAP regulatory implementation is now moving and the project team has completed preparation work, including business process definition, to enable the technical implementation to start.

Community services update

Baycourt

86. Baycourt was able to operate a limited service during Alert Level 2, running physically-distanced events of less than 100 attendees. This included a chamber music concert presented by Tauranga Musica, which was moved from the X-Space into the larger Addison Theatre; and the Chamber of Commerce General Election debate. The debate was streamed online using Baycourt’s new live broadcasting equipment, enabling a much wider audience to engage with the event.

87. The return to Alert Level 1 enabled a range of local events to proceed during September, including a dance showcase by I-Dance Studios; the NZ premiere of the Musical “First Date”, presented by Stage Right; and the “Create The Bay” dance competition presented by KJ Studios. National touring promoters have been a little slower to return to the venue, however there is a wide range of performing arts programming scheduled between October and December 2020.

88. Baycourt hosted a free workshop by Massive Theatre Company, giving young people aged 15-20 the chance to work with a professional theatre company. The workshop was a ‘taster’ workshop for the Made in Tauranga project, which will see Massive Company spend three weeks in Tauranga in early-2021, working with emerging artists from the city to create a new theatre work inspired by Tauranga stories.

City Events

89. With the recent move back to Alert Level 1 and the restrictions on mass gatherings lifted, it is encouraging to see events again taking place on our public open spaces. This has included the Tauranga Sikh Community’s ‘Turban Day’, held on the Tauranga Waterfront on 3 October, and the annual ‘Papamoa Pedal and Pump’, held on 4 October.

90. Planning for New Year’s Eve 2020 is progressing well. This year Council will deliver five community events (Tauranga CBD, Greerton, Matua, Mt Maunganui and Papamoa), 9:30pm and midnight fireworks displays launched from five different locations across the city. We will organise enhanced city operations with traffic management, additional security and waste management in Mt Maunganui North and the Tauranga CBD.

91. A total of 50 applications were considered in the recent event funding round for the Community Event and Event Support Funds, with 43 of those receiving support. Noteworthy mentions include:

· The three-day Olympic Weightlifting National Championships at Trustpower Baypark in November 2020, featuring Commonwealth gold medallist David Liti. This is the first time this annual event will be held in the Bay of Plenty and may lead to future national and international events in the city.

· The National Hockey Masters Tournament at Blake Park in March 2021. This week-long event is the largest hockey tournament in the country, attracting approx. 5,500 participants and spectators, with 68% from outside Tauranga. The event is expected to generate approximately 10,000 visitor nights and $500,000 in regional GDP.

92. Following Government approval to proceed with plans to host international touring sides this summer, New Zealand Cricket recently announced a packed home international cricket schedule for 2020-21. Bay Oval will host two T20 matches between the BLACKCAPS and West Indies in November, along with a T20 vs. Australia in March. Following the success of Bay Oval’s first international Test match last year, the boutique ground will also host the coveted Boxing Day Test when the BLACKCAPS take on Pakistan.

93. A review of the Event Funding Agreement template for major and legacy events has been completed by our in-house legal team. The purpose of the review was to ensure that the agreement remained fit-for-purpose and protected Council’s interests, particularly in light of the COVID-19 pandemic and the Health & Safety at Work Act 2015.

Community Development

94. Tauranga City Council has been approached by the Office of Ethnic Communities to establish a partnership agreement between our organisations. The areas of potential partnership are being scoped and could include: promoting and increasing board opportunities for people from ethnic communities; increasing civic and voter participation; and working to enhance health and wellbeing outcomes for our communities. The proposed agreement is not financial in nature, but would aim to establish a working relationship and promote mutually-beneficial outcomes.

95. The Youth Advisory Group attended the Secondary School Principals’ meeting to present the Youth Action Plan. A discussion was held around an online voting system for key positions within schools, and the introduction of a possible STV system in schools to elect certain roles. A review of the Youth Action Plan has commenced, with an initial brainstorming session with elected members held on 14 October 2020.

96. The recent Match Fund Review recommendations were approved by Council on 6 October 2020, allowing the new Principles of Support criteria to be used for the current round, which closes on 10 November 2020. The team is currently revising the Match Fund’s website and processes to reflect the changes.

97. Coordination of the Kāinga Tupu work programme has focused on supporting a number of key projects through a co-design approach with sector stakeholders, including:

· development of the Monitoring and Evaluation Framework;

· development of the Good Returns Campaign targeted at property investors, to encourage supporting families in need of housing through leasing with Community Housing Providers;

· feasibility of a Tauranga Wellbeing Centre aimed at supporting families and individuals in crisis (or pre-crisis); and

· a case study research of ten individuals/families experiencing varying levels of homelessness, and organisation of a Tauranga Housing Summit (early-2021).

98. A number of additional projects are currently being scoped under the Kāinga Tupu umbrella, including investigation of a dedicated safe space for car sleeping, training opportunities for volunteers and staff supporting people experiencing homelessness, and developing a case management response for clients with high and complex needs.

99. The Fluro Fest – Journey to Wellbeing event was held at Jordan Field, Memorial Park, on Sunday 18 October 2020. Organised in conjunction with Safer Communities, BOPDHB and Tauranga Youth Development Team, this was an afternoon of fun, family-friendly activities to celebrate our mental health. The event had a fantastic turnout with loads of kids enjoying the free activities, such as; fun first football, circus in a flash, face painting, giant games, photobooth and a variety of performers, MC-ed by the Hits’ Will Johnston. This is the second year of Fluro Fest and the aim is it to continue to grow the event in coming years.

100. The Family Harm Ripple Effect Conference was launched online on Monday, 12 October 2020, and was available for viewing until Friday 16 October 2020. There was a total of 453 registered attendees for this conference (an increase of 53 registrations from 2019), which is a collaborative project between Safer Communities, Vulnerable Communities, NZ Police and Family Violence Prevention Advocates.

Council Controlled Organisations (CCOs)

101. The findings and recommendations of the recent independent strategic review of Bay Venues Limited are planned to be presented to Council in prior to Christmas 2020.

102. The CCOs will present their Long-term Plan 2021-2031 budgets on 22 November 2020, based on the two scenarios developed by council’s strategy team.

103. A review of CCO board remuneration is currently underway, with recommendations to come to Council in November 2020, as part of the draft LTP 2021-2031 process.

Emergency Management

104. The Voice Over Siren Network project Registration of Interest evaluation has been completed and two vendors have been confirmed to progress to an integrated design workshop stage. This stage will enable the project team and vendors to discuss proposed system solutions alongside project requirements, prior to commitment to either a Request for Proposal or Tender process.

105. Tonkin & Taylor will be facilitating workshops with Council staff during the last quarter of this calendar year, as part of our review of tsunami evacuation zones. Council currently uses three evacuation zones to demarcate probable evacuation needs for different source tsunami. This approach is in-line with the NEMA Directors’ Guidelines For Tsunami Evacuation Zones, but it is noted that these can create confusion, as they are often seen as three distinct zones when they are in fact overlapping. The review of the evacuation zones will use a public user experience persona approach, to ensure there is explicit clarity for a member of public with no scientific knowledge of tsunami.

106. Council continues to receive an increasing level of public enquiry for resilience support as more organisations and entities become aware of our resumed responsibility for this activity. This demand is expected to increase as we conduct planned public education activities. Discussions continue with New Zealand Red Cross and Neighbourhood Support on collaboration opportunities for community resilience.

107. Council currently combines with Western Bay of Plenty District Council for response to emergencies under a combined Emergency Operations Centre – the most recent being the COVID-19 national state of emergency in March-May 2020. The Lead Controller for the Emergency Operations Centre, Eric Newman, will resign his role as of 31 December 2020. Both councils are in discussion on change management options as a result of Eric’s resignation. These range from replacing Eric’s role to dissolving the combined approach and integrating response management back into individual council activities.

Libraries

108. A new approach to contact tracing was adopted using a combination of the NZ Government Tracker App, a digital sign in, or taking a manual diary for recording personal use. This has reduced demand on staff time and some of the negative interactions from people who did not agree to contact tracing.

109. Mahuru Māori and school holiday events were successful. Some Mahuru Māori events went ahead safely under Alert Level 2, with precautions in place, while one event could not go ahead. The Kōrero Mai Pronunciation Workshops were a particular highlight, with many people asking for further workshops. During the most recent school holidays, Libraries hosted 38 sessions for 439 participants.

110. Toddler Time, which has been an ongoing programme for 25 years, will be transitioning to a new name, Iti Pounamu. Staff wanted a name that didn’t have a direct correlation to toddler age. Iti Pounamu will have the by-line of “Stories, Songs and Fun for Under-5’s”. The name comes from the whakatauki “Ahakoa he iti he pounamu – even though it is small it is a treasure. The weekly session occurs in all libraries and will continue to be facilitated in English, with some Te Reo content included.

111. In November 2020, Tauranga Libraries will be working with Bookrapt and Tauranga Writers to host the Tauranga Moana Book Festival. This event involves a wide range of quiz nights, author talks and workshops.

112. Planning has begun for a celebration of 150 years of Tauranga Libraries in April 2021.

Spaces & Places

113.

The pump track at Arataki Park has been completed to cater for a wide range of abilities and ages, and is already being well-utilised by the local community. Thanks go to the Mount Pump Track Society, in particular Paul Wacker and James Peterson, for leading this community project. Staff are now installing park benches under the trees, and a water fountain.

114. Staff have been working closely with the Disability Advisory Group, and other potential users, for an accessible changing facility to be built at Mount Drury. Community engagement has been completed, a final location is now being assessed and a contract for delivery of the asset has been negotiated.

115. A Council programme of upgrading lights at all sports parks in the city started in 2012. In most cases, by working with clubs and external funding agencies, replacement lights have provided additional field coverage to what was historically provided by the old, club-owned lights. Tauranga Domain is the last park to be upgraded with training lights and it now has two completely lit fields and specially-designed lights for the cricket practice nets.

116. A number of bench seat refurbishments have been conducted to bring a fresh, clean look in time for the warmer weather. The Tropical Display House has a vibrant new display, which is receiving great feedback from the community.

Urban Spaces

117. The Wharf Street Upgrade project is tracking well in terms of timing and budget and is on schedule to be completed for summer 2020. Higgins is doing an excellent job of keeping overall project delivery on target and has built strong relationships with stakeholders on the street, working together to minimise the impact on businesses during construction.

118. The Elizabeth Street upgrade is nearing completion of the detailed design phase. Work commences this month on the services renewals. The above-ground streetscape construction will commence in early-2021. The project team is working closely with the Farmers development to ensure the streetscape is completed in time for the store opening.

119. The Kulim Park upgrade is in the developed design phase and can now incorporate the results of community engagement on the playground elements. 497 submissions were received on the playground components. The trial layout is currently in place, limiting access to the green spaces. The trial is being monitored daily by staff using CCTV. Construction will commence at the end of summer and be completed by mid-2021.

120. The Innovating Streets at the Mount project is about to go into the second round of public consultation in early-November 2020. This follows on from the co-design process that has been happening over the last month, developing options to take to the community for feedback. There have been three Community Design Group workshops, with a wide range of perspectives represented by the 27 members. The co-design process has also been informed by the 1,236 submissions received through the first round of public consultation. The final decision on what trials will be implemented will be made by Council in February 2021, with implementation of trials planned from April 2021.

121. The Durham Lane shared space has now been completed with the application of line work, shown in the images below. A typical road-marking palette has been reconfigured to redirect the road priority towards pedestrians, cyclists and placemaking. The design was developed with representatives from mana whenua and the University of Waikato, to symbolise the difficult journey once taken to get water from the spring. The line work represents the contours of the original landform and the water flowing towards the historic spring area, while

the whāriki mats at each of the entrances are designed to welcome all users into the lane and the University ātea.

Attachments

1. Attachment A - Annual Section 10A Report on Control of Dogs for the year 1 July 2019 to 30 June 2020 - A11807947 ⇩

2. Attachment B – Mount Maunganui Industrial Air Quality Working Party DRAFT Terms of Reference - A11909869 ⇩

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

TCC Policy and Practices in Relation to the

Control of Dogs for the Year

1 July 2019 to 30 June 2020

(Section 10A of the Dog Control Act 1996)

Attachment A

Brent Lincoln

Team Leader: Animal Services

Tauranga City Council

1. Background

The total number of registered dogs in Tauranga continues to grow, despite this, we have seen a continued downward trend in complaints received about barking and roaming dogs, attacks on people and animals rushed at.

Some of this can be attributed to the COVID lockdown which saw a reduction in complaints across our sector, but even factoring that into account we consider that proactive initiatives and monitoring by Council staff has contributed to a general improvement in dog behaviour across the city.

Barking Dogs
We have implemented changes to our processes to reduce the length of time it takes to resolve barking dog complaints. This, together with the sale of cost-effective bark collars has contributed to a decrease in the number of complaints received.

Roaming Dogs
We have also taken a firmer approach against owners of dogs that were repeat roamers or repeatedly impounded, this has reduced the number of impounded and roaming dogs and has potentially contributed to the reduction in attacks on people.

During this same period, we experienced an unexpected increase in the number of persons rushed at and attacks on domestic animals. This is against the trends for the last 5 years which had these complaint types declining. It is noted that in March 2020 double the number of animals were rushed at than any other month, April and May also experienced higher than normal reported incidents.

Many of these incidents can be reduced if owners ensured their dogs were secure on their property and by following “best practice” by ensuring they place their dog on a lead whenever approaching other people or animals. This will be a focus of our dog owner education for the coming year at events such as Pet Expo and planned dog walks during summer.

2. Education

§ The number of school educational visits were limited by the impact of COVID 19 in that school bookings at the time were cancelled during the shutdown period and this limited our ability to interact directly with children and bring to them our bite prevention program.

§ During the year we visited 6 schools and spoke to over 663 children teaching them how to act around dogs, how to avoid being bitten by dogs and what to do if they want to pat a dog.

§ 118 employees of 6 businesses who work in the community were provided with skills to manage dogs that they may encounter in their day to day business. This included TCC staff, nurses and postal workers.

§ We also instigated a campaign to encourage all dog owners to microchip their dogs and provide Council with the chip number. Not only is this a legal requirement but provides the dog owner with some assurances of ownership should the dog be stolen or lost and increases the return rate from the pound. To help with this we have commenced Microchip Mondays at the pound where owners can get their dog scanned to check the chip or have one implanted for $22 if they don’t.

3. Dog Prohibited Areas

Dogs are prohibited from certain specified areas. The following areas are assessed for consideration as dog prohibited areas:

§ Children’s playgrounds.

§ Areas of intense public use.

§ Areas of ecological sensitivity.

§ Any other areas as resolved by Council.

Comment

Studies are showing that the mere presence of dogs in the vicinity of ecologically sensitive areas can impact on the viability of nesting birds to lay fertilised eggs and raise their young. Consultation between the Spaces and Places team and Animal Services staff have identified some key areas for protection. By utilising new provisions in our Dog Management Bylaw, we have implemented temporary leash control and dog prohibited areas to protect wildlife during these critical periods. These areas include sections of the Waikareao Estuary, Gordon Carmichael Reserve and Waimapu Estuary

4. Dog Exercise and Leash Control

While dog owners can exercise their dogs off leash in many areas of the city and most of the parks and beach, it is important they realise they are responsible to ensure their dog cannot cause nuisance or danger to any animals or people.

Many owners don’t appreciate that other people don’t want their dog running up to them, even if it is a lovely dog.

Best practice for dog owners is to leash their dog whenever approaching another animal or person and obtaining permission before allowing there dog to approach. This would reduce the number of complaints about dogs rushing at people and attacking other domestic animals.

5. Fees

All dogs must be registered by the age of three months. When buying or acquiring a dog the new owner should be aware that if it is not registered, they must do so immediately.

Dog registration fees are set by Council resolution. Tauranga City has an administratively simple fee structure which is equitable and transparent with standard registration being $87 increasing to $130 if not registered by 1 August and $131 for a Classified Dangerous dog increasing to $196.50 if not registered by 1 August.

Owners of unregistered dogs face a $300 fine together with the cost of registration. Dog registration fees, fines and impound fees are used to fund dog control.

6. Trends in Dog aggression

At 30 June	Attacks on people	Rushing People	Attacks on Domestic Animals	Total	Total Known Dogs	Aggression as a % of Total Known Dogs
2016	79	108	100	287	12024	2.39%
2017	84	91	132	307	12672	2.42%
2018	84	101	123	308	13082	2.35%
2019	63	92	94	249	13493	1.85%
2020	60	104	127	291	14246	2.04%

§ 557 dogs were impounded. This includes dogs roaming, captured and trapped. 469 dogs were released to their owner or adopted and 88 were euthanised (release rate 84.2%).

§ We are continuing to develop our adoption program which rehomes many unwanted dogs each year. Staff have established strong liaisons with other adoption groups with our dogs finding new homes in Levin, Auckland, Waikato and New Plymouth.

“Love my new home”

§ We utilise a range of tools to encourage owners to control their dogs to minimise repeat offending. The following graph depicts the outcome for the 164 reported incidents where people were attacked or rushed at by a dog. The good news for this year was the fact that it was the first year that we didn’t have an attack on a person that was serious enough to prosecute, however we did have a prosecution for a serious dog attack on another animal.

Note: NFA (No Further Action) is where the complainant cannot be contacted or no longer wants us to proceed or is unwilling to give evidence if required or where the dog owner can’t be identified.

7. Complaints

	2019/2020	2018/2019
Total number of registered dogs	13594	12962

Total number of probationary owners	0	0

Total number of disqualified owners	18	16

Total number of dogs classified as dangerous
§ S.31 (1)(a) Section 57A conviction	1	1
§ S.31 (1)(b) Sworn evidence	5	5
§ S.31 (1)(c) Owner admits in writing	12	14

Total number of dogs classified as menacing because of:
§ S.33A(1)(b)(i) Observed or reported behaviour (deed)	67	61
§ S.33A (1)(b)(ii) Characteristics associated with breed	0	0
§ S.33C Dog breeds listed in schedule four of the Dog Control Act 1996	140	149

Number of infringement notices issued	445	281

Number of dog related complaints received	4236	4551
§ Attacks on people	60	63
§ Attacks on domestic animals	127	94
§ Person rushed at	104	92
§ Other animals or vehicles rushed at	41	47
§ Barking dogs	969	1240
§ Bylaw (excludes roaming dogs)	70	46
§ Roaming dogs	1337	1471
§ Unregistered dogs	286	308
§ Miscellaneous*	1242	1190
* NB: Miscellaneous complaints are made up of customer messages, registration enquiries, requests for dog traps etc.
Number of summary prosecutions commenced	1	5

Projects, Services and Operations Committee Meeting Agenda

27 October 2020

9.7 Three Waters Reform - Funding Delivery Programme - Procurement Approach

File Number: A11867365

Author: Steve Burton, Manager: City Waters

Authoriser: Nic Johansson, General Manager: Infrastructure

Purpose of the Report

1. Approval is sought for the proposed procurement approach, including exemptions to open competition, for implementing the $14.92 million in New Zealand Government stimulus funding soon to be awarded to Tauranga City Council. Approval of this procurement approach will enable the best chance for this full grant amount to be spent within the funding requirement timeframe.

Recommendations

That the Projects, Services and Operations Committee:

(a) Approves the implementation of the procurement approach for the three waters reform funding delivery programme.

(b) Approves the exemptions to open competition detailed in Attachment 1.

Executive Summary

2. Tauranga City Council has submitted a Delivery Plan for a $14.92 million share of the New Zealand Government’s three waters stimulus funding. Council anticipates that this funding will soon be made available and will involve the procurement of various professional and construction services.

3. Given this stimulus funding is spread nationally, Council will need to compete to secure these services in order to meet stimulus funding deadlines, whilst also achieving outcomes that are in the best interest of the people of Tauranga.

4. A balanced procurement approach is proposed utilising a range of procurement types, which provides the best outcomes.

5. The majority of the required procurements will be undertaken within the boundaries of the Procurement Policy.

6. Of the 30+ procurements required to deliver the stimulus funding package 10 require approval due to their a) meeting policy exemption criteria and b) have a value exceeding the $100,000 limit for open competition in Council’s Procurement Policy. Details of these projects are provided as Attachment 1.

7. While the Chief Executive has delegation to approve exemptions to open competition up to $200,000 all the qualifying projects are identified for transparency and efficiency.

8. The delivery plan and the associated procurement approach have been developed to ensure that it can be executed and completed within the required timeframe utilising the market and project delivery knowledge of staff and our trusted advisors.

Procurement goals

9. To achieve the best outcome for the people of Tauranga through this grant funding, the following goals have been adopted:

(a) Spending the full allocation of funding within the time constraints stipulated – unspent funding is, in effect, returned to the government, and is unable to be capitalised.

(b) Achieving a quality outcome – selecting quality service providers to support the delivery of projects to be funded, to in turn deliver quality infrastructure outcomes

(d) Fairness – procuring services in a way that is fair and equitable to the market, and also allows for new providers to potentially engage with Council

Background

10. In July 2020, the New Zealand Government announced a funding package of $761 million to provide immediate post-COVID-19 stimulus to local authorities to maintain and improve three waters (drinking water, wastewater, stormwater) infrastructure, and to support reform of local government water services delivery arrangements.

11. At the Ordinary Council Meeting held on Tuesday, 25 August 2020, Tauranga City Councillors resolved to sign the Memorandum of Understanding (MoU) with the government, which provided Council with the ability to access a $7.46 million grant, as well as a percentage of the $21.12 million allocated to the Bay of Plenty Region as a whole (6 local authorities). Council delegated authority for this and other matters to the CEO.

12. Subsequent to the Council meeting; a regional allocation of $7.46 million was agreed by the CEO and other Bay of Plenty region Councils. This brought the total available grant funding for Tauranga City Council to $14.92 million.

13. A Delivery Plan was approved by the CEO and submitted to the Government on the 25^th September 2020. The quantum of projects included in the Delivery Plan provides for the full grant amount to be applied for, totalling $14.92 million.

14. The Delivery Plan is currently being assessed by the government and is expected to be approved on or before the 30^th October 2020, with funding made available shortly thereafter.

15. 50% of the funding is made available to Council once approved. Future grant instalments are required to be applied for and must show compliance with milestones proposed in the approved Delivery Plan; this includes progress milestones/ spending targets.

16. The grant is required to be spent as proposed in the Delivery Plan by March 2022, with the last milestone payment being December 2021. Further grant instalments will not be made if insufficient milestones are achieved by December 2021.

17. A procurement approach that allows Council to implement the funding by March 2022 was required to be presented in the Delivery Plan submitted for this stimulus funding. It was identified in this plan that the proposed procurement approach is subject to Council approval.

Delivery Plan Elements

18. The delivery plan is comprised of several key elements which meet the Governments’ objectives of:

(a) support economic recovery through job creation; and

(b) maintains, increases, and/or accelerates investment in core water infrastructure renewal and maintenance.

19. The key elements are:

(a) Improvements in asset data collection and analysis

(b) The connection of private water supplies and wastewater systems to the Council water supply and wastewater networks

(d) Improvements to the stormwater network to yield positive environmental outcomes

(e) Improvements to the wastewater network to yield positive environmental outcomes

Market Considerations

20. The grant is required to be spent on three waters infrastructure or projects related to the proposed Three Waters Reform agenda by the New Zealand Government. Procurement of professional and construction services is proposed in the Delivery Plan to generate the economic stimulus.

21. There is significant workload in the infrastructure services market, with this stimulus funding likely to be awarded to 67 Councils across New Zealand, which comes on top of other stimulus funding allocated to other infrastructure types (CIP ’Shovel Ready’ Projects).

22. Tauranga City Council will need to compete in this market to secure resources to deliver this proposed stimulus funding by March 2022.

23. Tauranga City Council can most effectively compete by getting to market soonest, engaging directly with suppliers of preference (where this exists), pursuing alternative procurement methods, and applying a tendering process where appropriate to meet best value under the given time constraints.

delivery plan procurement approach

24. The Delivery Plan proposes a balanced procurement approach, which entails a mix of varying existing supply agreements, open tender, invited tender and direct procurement.

25. Procurement methods have been adopted for each of the individual projects submitted for funding based on project risk and delivery programming, and these have then been reviewed at a programme level across the Delivery Plan.

26. The approach proposed in the Delivery Plan results in the following allocation of grant funds by procurement type:

27. The approach balances the method of procurement with the risk profile of particular projects and required supplier skills and/or specialisation.

28. This approach also supports a wide range of relevant, local infrastructure providers in the Bay of Plenty region, which is both in Councils and the regions interest.

29. As part of this approach, it is proposed to explore opportunities to engage with suppliers that would not normally bid or have an opportunity to perform services for TCC with a view to growing the local supplier market.

Options Analysis

30. The alternative procurement approaches to that proposed are:

(a) Procurement of all works per Councils current Procurement Policy requirements – for example tendering where the expected value exceeds the policy limits

(b) Procurement of all works directly i.e. no public tender or notification

31. Options comparison:

	Positives	Negatives
Procurement as per Delivery Plan (recommended)	Efficient procurement processes reducing the risk of non-delivery Element of competitive procurement to ensure value for money and ability for new suppliers to engage Council able to match supplier skills to project needs and risks	Some time risk remains due to the use of open tendering processes. Potential for a negative perception in the supplier market in relation to the allocation of projects through the direct and invited procurement processes.
Procurement as per Procurement Policy (not recommended)	Meets the policy objectives outlined in the Procurement Policy .	Likely to negatively impact Councils ability to deliver the full allocation of funding allocated – funding returned to the government.
Procurement of all works direct (not recommended)	Significantly reduces the risk of non-delivery Council able to best match supplier skills to project needs and risks	No competitive tension No ability for new suppliers to engage. Negative perception in the suppler market.

Significance

32. This issue has been assessed as being of medium significance on the basis of the total value of works to be delivered and that there may be a moderate level of public interest in some of the works to be delivered.

33. The majority of the projects to be delivered via the stimulus funding package are included in later years of the current LTP.

34. Community engagement will be undertaken to keep the community aware of what works are planned, the timing of works and how the effects of the works will be mitigated.

35. It is not proposed to undertake engagement on the recommended procurement approach.

Next Steps

36. The decision on the funding applications is due to be made and advised to the applicants by DIA on the 30^th October 2020. Once the outcome of the Council’s funding application is known the delivery plan will be implemented.

37. Should Council’s application be approved in part the procurement approach may need to be reassessed. Should a significant departure to the approved procurement approach be required this will be brought back to PSOC for information or approval as necessary.

Attachments

1. Attachment 1 - 3 Waters Reform procurement - A11902018 ⇩

[1] PAHs are compounds which come from oil or combustion processes, for example, from vehicles and motor engines.


AGENDA Projects, Services and Operations Committee Meeting Tuesday, 27 October 2020
I hereby give notice that a Projects, Services and Operations Committee Meeting will be held on:
Date:	Tuesday, 27 October 2020
Time:	9.30am
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive

Chairperson	Cr Kelvin Clout
Deputy chairperson
Members	Mayor Tenby Powell Cr Larry Baldock Cr Bill Grainger Cr Andrew Hollis Cr Heidi Hughes Cr Dawn Kiddie Cr Steve Morris Cr John Robson Cr Tina Salisbury
	Emily Gudsell – Tangata Whenua representative
Quorum	Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd
Meeting frequency	Six weekly

No.	Description	Procurement Method	Value	Fits Policy Exemption Criteria
1	Developing a digital solution: Utilising and improving Councils network data to improve transparency, accountability and asset management of three waters assets	Closed Tender	$690,000	Yes This is a highly specialised field with a limited pool of suppliers capable of delivering the services.
2	Undertake Targeted Studies (Physical Works): Utilising and improving Councils network data to improve transparency, accountability and asset management of three waters assets	Direct	$110,000	Yes This is a highly specialised field with a very limited pool of suppliers. Availability will be a key selection criteria.
3	Connecting Private Supplies (Professional Services): Supporting communities/facilities currently supplied by private supply to improve the safety and quality of drinking water	Direct	$100,000	No This project is highly time constrained due to the requirement to undertake tangata whenua engagement before design can be commenced.
4	Connecting Private Supplies (Physical Works): Supporting communities/facilities currently supplied by private supply to improve the safety and quality of drinking water	Direct	$850,000 Includes $200,000 of equipment supply	No This project is highly time constrained due to the requirement to undertake tangata whenua engagement and then design before physical works can be procured.
5	Oropi WTP CMF Unit (Equipment Supply): Supply and installation of additional treatment equipment to improve resilience, the safety and quality of drinking water	Direct	$1.5M	Yes There is only one supplier of the required equipment.
6	Oropi WTP CMF Unit (Physical Works): Supply and installation of additional treatment membranes to improve resilience, the safety and quality of drinking water	Closed Tender	$1.5M	Yes There are only two trusted suppliers suitable to install the required equipment.
7	Chapel St UV: Replace UV system (lamp/controllers), retrofit in existing channels, process design scoping, equipment select	Closed Tender	$425,000	Yes Limited pool of specialised suppliers. D&C
8	Programme and project management: External programme and project management is required to support the delivery of the funding and needs to be appointed without delay so that Council is able to meet funding milestones and spend to date targets	Direct	$625,000	Yes The proposed supplier developed the delivery plan and are in a unique position to achieve our strategic objectives. An open market tender for these services would expose Council to significant risk of non-delivery.
9	Forming Iwi partnership: The engagement of a service provider to support engagement and consultation with tangata whenua.	Direct	$140,000	Yes The identified provider is in a unique position to minimise risk through their experience and connection to the iwi and hapu of Tauranga Moana.
10	Private Supply Technical Support: The procurement of a service provider to support engagement and consultation with owners of private supplies who are likely to be impacted by the water reforms	Closed Tender	$150,000	Yes A high degree of technical expertise coupled with the ability effectively engage with the community is required. Engaging the right provider will be a critical factor in the successful delivery of the project.