Waitara Community Board Agenda (18 September 2020) - Agenda
AGENDA
Te Rārangi Take
WAITARA COMMUNITY BOARD
Te Rūnanga Hapori o Whaitara
Friday 18 September 2020 at 9am
Paraire 18 Mahuru 2020
Lepperton School Hall, Lepperton
Chairperson (Tiamana): Mr Jonathan Marshall Deputy (Mema): Mr Joe Rauner Mr Trevor Dodunski Mr Andrew Larsen Cr Colin Johnston
1 Waitara Community Board Agenda (18 September 2020) - Agenda
Community Boards
Role of community boards (s52 Local Government Act 2002) a) represent, and act as an advocate for, the interests of its community; and b) consider and report on matters referred by the council and other matters of interest c) maintain an overview of services provided by the council within the community; and d) prepare an annual submission to the council for expenditure within the community; e) communicate with community organisations and special interest groups within the community; and f) undertake any other responsibilities that are delegated to it by the territorial authority.
Addressing the community board Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements.
Public Forum Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation.
Deputations Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies.
Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and:
Promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.
Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.
END
2 Waitara Community Board Agenda (18 September 2020) - Table of Contents
HEALTH & SAFETY
APOLOGIES
CONFLICTS OF INTEREST
PUBLIC COMMENT Cr Stacey Hitchcock re Taranaki Trails Trust
DEPUTATIONS Taranaki Car Club
COMMUNITY BOARD MINUTES Recommendation That the minutes of the Waitara Community Board dated 7 August 2020 (ECM8343922) and 4 September 2020 (ECM8364288) and the proceedings of the said meetings, as previously circulated, be taken as read and confirmed as a true and correct record.
REPORTS
ITEMS FOR DECISION BY WAITARA COMMUNITY BOARD
1 Community Board Plan Review 2020-2023
2 Members Activity Report – Joe Rauner
3 Members Activity Report – Jonathan Marshall
4 Members Activity Report – Andrew Larsen
5 Application for Temporary Road Closure – Taranaki Car Club, Waitara Street Sprints
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ITEMS FOR RECOMMENDATION TO COUNCIL
6 Grant of Encroachment Licence - 1 Sisson Terrace, Lepperton
7 Infrastructure Term Services Contract – Year 1
8 Three Waters Network Maintenance Service Review & Term Extension
END
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COMMUNITY BOARD PLANS REVIEW
PURPOSE
1. The purpose of this report is to advise of the outcomes of the review of the Waitara Community Board Plan that was originally developed in 2017.
RECOMMENDATION That, having considered all matters raised, the Waitara Community Board Plan be adopted and presented to the next Council meeting.
SIGNIFICANCE AND ENGAGEMENT
2. This report is provided for information purposes only, and has been assessed as being of some importance.
DISCUSSION
3. The purpose of the community board plans is to build on the New Plymouth District’s Blueprint and facilitate a more integrated approach to planning, infrastructure development and community development in the District’s community board areas. To date, development of the Community Board Plans has been successful in encouraging grass roots engagement in our statutory planning and governance processes. Ultimately this is good for democracy and community participation in decision making.
4. Between elections, or as a result of elections, priorities can change within communities and surrounding areas, for example:
a) What seemed very important three years ago may no longer be as important to the community today;
b) New issues have arisen or have been resolved within the community;
c) Projects or aspirations identified have been achieved;
d) Local Government legislation changes have occurred. 5. It is therefore necessary for the community boards to review their plans to ensure that is the best representation of the current issues and aspirations within their community.
6. As the community boards began the review of their plans, COVID-19 Level 4 lockdown occurred. This prevented the ability for face-to-face community meetings. The community boards did, however, continue with their review
5 1 Waitara Community Board Agenda (18 September 2020) - Community Board Plan
through on-line surveys during Level 3 and 4 lockdown, and hard copy surveys once Level 2 had been introduced.
7. The online surveys generated substantial information about the issues and aspirations of each community.
8. There are a number of issues that the Community Board can take to the Council for their consideration – issues where Council has the potential to effect a change through its investment and policy decisions.
9. Having considered the results of the online surveys and feedback, each Board has prioritised their subsequent understanding of the issues and aspirations that require attention in the community. These have been included in preparatory work for the Council’s Long-Term Plan.
10. The community boards have endeavoured to respond to the priorities indicated by those who have participated in this process; however it has not been possible to reflect all of the aspirations. The hope of the community board is that over the life of the Long-Term Plan many more of the community’s identified priorities can be addressed.
NEXT STEPS
11. The community boards have prioritised the aspirational projects they will put forward for funding in the Long-Term Plan, taking into account what the community has told them through their surveys and discussions. Each community board will further support their prioritisations through submission to the Long-term Plan statutory consultation process to be held in March 2021.
12. With the adoption of the Community Board Plans, the next step is to develop community investment plans that will capture the extent and timing of projects planned for each community within the board area.
FINANCIAL AND RESOURCING IMPLICATIONS
13. Achieving the issues and aspirations in the community board plans will require financial and non-financial resourcing. The allocation of funding ultimately rests with the Council through the Long-Term Plan.
14. In conversations with the focus groups and during community consultation the community boards have stressed that resourcing limitations will mean not all priorities, issues or aspirations may be resolved or achieved. Some of the issues and aspirations identified are beyond the scope of Council activity, thus a partnership with community and social services organisations, iwi and business will be required to further consider the action required in these areas.
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15. Review of a Community Board Plans will mean that the community boards can focus on those matters of greatest importance to the communities that they are tasked with advocating for.
IMPLICATIONS ASSESSMENT
16. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; Council staff have considered how the matter will promote the social, economic, environmental, and cultural well-being of communities in the present and the future. Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies; and No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.
APPENDICES Appendix 1 Waitara Community Board Plan 2020-2023 (ECM8356485)
Report Details Prepared By: Jayne Tidbury-Beer (Community Relations Officer) Team: Governance Approved By: Julie Straka (Governance Lead) Ward/Community: North/Waitara Date: 12 August 2020 File Reference: ECM8345496
------End of Report ------
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Waitara Community Board Plan 2020-2023
September 2020 Te Mahere o Te Rūnanga Hapori o Whaitara 2020 -2023
The Waitara Community Board Plan (the Plan) sets out the visions and aspirations of the Waitara Community Board. This Plan has been reviewed with input from the community within the Waitara community board area. The Plan provides the New Plymouth District Council with an insight about the matters that are important to the Waitara community and surrounding area, and where investment and action is needed.
Whakataukī Manaaki whenua, manaaki tangata, haere whakamua Care for the land, care for people, go forward. whai (to follow) tara (the dart) – Whaitara
The name of Whaitara (Waitara) town is said to come from the story of Whare Matangi, the estranged son of local Ariki (chief) Ngārue, and his quest to be reunited with his father. Whare Matangi was given a tara (dart) imbued with magic that his mother foretold would lead him to his father. His first four throws landed elsewhere but on the fifth throw, the tara struck Ngārue’s house at the mouth of a river, thereafter known as Te Whai-tara-nui-a-Ngārue (follow the dart of Ngārue)
(Ron Lambert, Puke Ariki, 2013).
8 1.1 Waitara Community Board Agenda (18 September 2020) - Community Board Plan
Waitara Community Board Plan 2020-2023
Acknowledgements The Waitara Community Board would like to thank the members of the community who volunteered their time and to participate in this process, as time permitted, by attending a community board meeting or completing the online survey.
How to submit a Service Request or Report an Issue Many of the comments received through the Board Review Survey were issues that could have been dealt with via a service request direct to New Plymouth District Council.
To report any issues relating to Council facilities and assets, Service Requests can be submitted by the following means stating the issue, location and, if possible, a photo.
06 759 6060 Available 24/7 [email protected]
Council website Correspondence www.newplymouthnz.com New Plymouth District Council Report and Issue Private Bag 2025,
New Plymouth, 4342 New Plymouth in Your Pocket App (Download for free)
Version Action Prepared by Approval Authority Date 1.0 Waitara Community Board Plan Guild Research on behalf Approved by Waitara 30 June 2017 2016-2019, Document drafted of Waitara Community Community Board; Adopted following extensive community Board, NPDC by Council engagement. Draft 2.0 Waitara Community Board Plan Jayne Tidbury-Beer Approved by Waitara 2020-2023. Community Board Community Relations Community Board; Adopted Plan reviewed. Key focus Officer, NPDC by Council areas updated following community survey and discussions.
File Reference: ECM8356485
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Waitara Community Board Plan 2020-2023
Message from the Chair
I am pleased to present our findings of the review of our Community Board Plan.
We have been hamstrung with Covid-19 and, as a result, most of our submissions and review of our Plan was conducted electronically. Whilst we did start this just prior to the lockdowns, as they came into effect we found ourselves unable to have meetings with community groups and people of our communities. We even found it difficult for the community board members to meet, as we worked through the responses we received from our community.
How did we do our review? We initially made it known, through various channels, that we were planning a review of our Community Board Plan. We had already received some initial feedback. As we went into lock- down, we then focused out attention to the survey and getting it out to our community. We also, and still do, field phone calls from our community on what we should be focusing on. Our community is looking forward to seeing some of what is being planned and what is currently in our Plan, coming to fruition. Our Community Board Plan is a living and robust document meeting the aims and aspirations of our community. We are happy to discuss this.
With this information, and contributions from our community, the community board initially met electronically and later in person, with the help of Jayne Tidbury-Beer we collated our information and now present our community board plan to Council. It is the pleasure of the Waitara Community Board to present to Council the findings of our community board plan review and to have the opportunity to speak to this.
Yours sincerely
Jonathan KP Marshall
Chairperson
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Waitara Community Board Plan 2020-2023
Meet the Community Board Members Jonathan Marshall Chair
Phone: 06-754 8254 Email: [email protected]
PO Box 276 Waitara 4320
Trevor Dodunski
Phone: 06-754 7157 Email: [email protected]
9 Bayly Street Waitara 4320
Andrew Larsen
Phone: 021 078 44562 / 06 754 4942 Email: [email protected]
69 Parris Street, Waitara 4320
Joe Rauner
Phone: 06 754 7065 Email: [email protected]
9 Leslie Street Waitara 4320
Councillor Colin Johnston
Phone: 06 754 6216 Email: [email protected]
“Heath Manor” 63 Broadway Waitara
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Waitara Community Board Plan 2020-2023
Contents
ACKNOWLEDGEMENTS ...... 1 How to submit a Service Request or Report an Issue ...... 1
MESSAGE FROM THE CHAIR...... 2
MEET THE COMMUNITY BOARD MEMBERS ...... 3
CONTENTS ...... 4
INTRODUCTION ...... 5 Why review Community Board Plans? ...... 5 How we got the feedback ...... 6 Council’s Response to COVID-19 ...... 6
NEW PLYMOUTH DISTRICT COUNCIL’S STRATEGIC FRAMEWORK ...... 7
WAITARA COMMUNITY BOARD VISION ...... 8 Our Values ...... 8
OUR PRIORITIES ...... 8 Years 1 – 3 ...... 8 Years 4 – 10 ...... 10 Advocacy ...... 11
WAITARA COMMUNITY BOARD AREA ...... 12
COMMUNITY BOARD PLAN REVIEW SURVEY 2020 ...... 13 Issues ...... 14 Aspirations ...... 16 Additional comments for the Waitara area ...... 16 What makes Waitara a great place to live, work and play? ...... 17
CONNECTING TO RELEVANT PLANS AND STRATEGIES ...... 18 District Blueprint ...... 18 Long-term Plan (LTP) ...... 18 Infrastructure Strategy ...... 19 District Plan ...... 19
CONCLUDING REMARKS ...... 20
APPENDIX 1 : BLUEPRINT EIGHT KEY DIRECTIONS ...... 21
APPENDIX 2: WAITARA COMMUNITY BOARD QUICK STATS ...... 22
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Waitara Community Board Plan 2020-2023
Introduction Between February and June 2017 the Waitara Community Board facilitated a process that led to the development of its first Community Board Plan (the Plan). The Plan was developed by the Waitara Community Board and supported by a focus group of community members who were invited, by the community board, to participate. The Waitara Community Board Plan was developed in parallel to plans in the Kaitake, Clifton and Inglewood board areas.
The Waitara Community Board Plan has been informed by feedback through conversations with the community and via an online survey. The conversations sought feedback on issues within the Waitara Community Board area, the aspirations for the area and the vision for the future.
It is acknowledged that as the community board were due to begin the review of the Plan, COVID-19 Level 4 lockdown was introduced, which prevented planning of face-to-face community meetings. The community board did, however, continue with the review process through an on-line and hard-copy survey. The online survey generated substantial information about the issues and aspirations for the community. Some of the issues and aspirations identified are beyond the scope of Council activity, thus a partnership with community and social services organisations, iwi and businesses will be required to further consider the action required in these areas.
There are, however, a number of issues that the community board can take to the Council for their consideration – issues where Council has the potential to effect a change through its investment and policy decisions.
The Waitara Community Board has considered the results of the online survey, and has prioritised the feedback from this process and understanding of the issues and aspirations that require attention in the community.
The community board has also endeavoured to respond to the priorities indicated by those who have participated in this process. However, it has not been possible to reflect all of the aspirations. The hope of the community board is that over the life of the Long-Term Plan many more of the community’s identified priorities can be addressed.
The priorities that are recommended to the Council cover: district planning and land use, infrastructure improvements and enhancements, recreation and cultural opportunities, environmental and cultural protections, environmental enhancements and representation in decision making forum. Why review Community Board Plans? Three years is a long time in local government. Between elections, or as a result of elections, priorities can change within communities and surrounding areas, for example:
What seemed very important three years ago may no longer be important to the community today; New issues have arisen or have been resolved within the community; Projects or aspirations identified have been achieved; Local Government legislation changes may have occurred.
Due to these reasons alone, it is necessary for the Waitara Community Board to review their plan to ensure that is the best representation of the current issues and aspirations within their community.
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Waitara Community Board Plan 2020-2023
How we got the feedback In April 2020, the Waitara Community Board began a series of workshops to review the Plan. Unfortunately, planning for community meetings had to be abandoned due to lockdown for the COVID-19 pandemic. The community board continued to plan for a survey which was made available online and in hardcopy.
The survey provided proposed statements from the existing community board plan key focus areas and asked the respondents to indicate the extent to which they agreed with the statements. In addition to the questions, the survey provided opportunities for respondents to provide additional commentary about the issues or other matters that were not identified. The survey was promoted by the Waitara Community Board and the New Plymouth District Council via their website, Facebook and Moa Mail.
The feedback gathered from the people who offered their ideas and contributions via the survey and community conversations is reflected in this plan.
The community board has prioritised the aspirational projects it will put forward for funding in the Long-term Plan, taking into account what the community has told us. The prioritization is shown in this document and will be further supported by a submission to the Long-term Plan through the statutory consultation process to be held in March 2021. Council’s Response to COVID-19 Our world was upended by Covid-19. After the national lockdown, New Zealand managed 102 straight days with no community transmissions. Now we're back in Level 2, showing how unpredictable the pandemic is. The shockwaves have knocked our economy badly and we want to make sure Taranaki is managing the turmoil and planning ahead.
Economic consultants Info metrics in July said that while the economic damage to the country will not be as bad as first thought, New Zealand's economy at the end of next year will still be almost 5 per cent smaller than it was pre-Covid.
The Government is leading the economic and social recovery and the regions have their bit to play. In Taranaki, NPDC will be major player. Partnering with iwi and supported by Venture Taranaki Trust, the work we do in coming years will lay the foundations of our recovery and help determine how quickly our community and economy bounces back.
Over the next year, we're expecting a drop in revenue of about $5.4million. That sounds bad but our books were looking strong when we entered this unprecedented event. International ratings agency Standard and Poor's rated us AA/A-1+, the best possible rating for local government in New Zealand, and the Perpetual Investment Fund, our long-term nest egg valued at about $273 million, helps us to reduce the cost of rates on households and businesses.
This enabled us to set aside around $20 million for our Back on Our Feet initiative, including:
Rates holidays for struggling households and businesses. Zero-interest and cheap loans to make homes warmer and greener. Slashing licence and on-street dining fees for the hospitality sector. Grants for main street property-owners and businesses to spruce up buildings and shop frontages. Fees cuts for builders and developers. Rent relief for commercial and community tenants. Help for small and medium-sized businesses. An hour's free parking for shoppers.
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Waitara Community Board Plan 2020-2023
We're also giving local firms a head-start when we go looking for suppliers and we're encouraging our residents to buy local too.
During lockdown and Level 3 we worked hard to find out what you thought of our Covid response package. Almost a thousand people filled in our survey and many more shared their thoughts on our Zoominars.
But have we got the economic medicine about right? Or should we be looking to find more savings in our operations or be investing more in major work programmes to create jobs and stimulate the local economy? Or finding other ways to support ratepayers, industry and business?
Our long-term economic development strategy Tapuae Roa has now been joined by the Taranaki 2050 roadmap and both paint an exciting future. While the region and New Plymouth pivot to respond to the economic and social challenges of Covid 19, some might say that the ideas and innovations set down in these plans are more relevant than ever. New Plymouth District Council’s Strategic Framework
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Waitara Community Board Plan 2020-2023
Waitara Community Board Vision
Inclusive, vibrant and culturally relevant to all.
Our Values The values that underpin our collective aspiration for the Waitara Community Board area and support the achievement of this mission are:
Community / Hapori – People are at the centre of everything we do.
Cultural / Ahura – The collective cultures of the community are honoured and respected.
Capital / Taonga – Strength and growth come from the resources and skills within our community.
Our priorities The priorities that the Community Board would like to see furthered as part of the Long Term Plan commitments are detailed below.
Aspiration/Issue Key Initiative Key Focus Area
Years 1 – 3
Stormwater and wastewater NPDC is not meeting stormwater levels of service for a Development upgrades in the Waitara and significant number of properties in Waitara. In and Growth Lepperton townships addition to this there are opportunities to improve the health of the natural water ways in Waitara and the community’s relationship and connectivity with the natural environment. Planning and completion of the The Waitara community have expressed a desire to Communities; Walkway connection between extend the existing Coastal pathway to Waitara. This Growth; Talent; Waitara (West Quay) and New was listed in the Council’s top ten goals from the Citizens; Plymouth (starting from LTP2018-2028. This project will benefit the whole Destination Waitara) community, not just Waitara, and will provide an alternative safe route between Waitara and New Plymouth. Enhancement of community Lepperton, as a community, would like an open space Business and amenities in Lepperton (rubbish near their main center. They would like to have a Economy; bins, shelter, seats up and focal point of a place where people can gather. Community; upgrades, BBQ areas) Provision of a public toilet which a facility currently Recreation kindly provided by local store/café who should not have to provide this.
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Waitara Community Board Plan 2020-2023
Aspiration/Issue Key Initiative Key Focus Area
Years 1 – 3
Welcome to Waitara Signs. Since 2012 the Waitara community have been asking Communities; for Bilingual "Welcome to Waitara" signs being placed Growth; at entrances to Waitara at Raleigh St, Bayly St and Destination Nelston St. Whilst the issue has caused much discussion, nothing has ever eventuated. Waitara, as a town, would have better exposure to visitors to the region if signs are well placed to advise visitors to the region. Cycleway and walkway Walkways such as Dick Wilson, Ranfurly Street Transport and maintenance (river track to Walkway to Pukekohe Domain, need major work and Movement Bertrand Road bridge, bypass the maintenance of the current river walkway with walkway and clip on bridge, gathering spaces eg barbeque are places that families Lepperton river tracks) gather. Our properties are getting smaller and extended families are looking for places to gather for their family functions like birthdays and celebration. Our walk ways have in the past provided for this but have fallen into disrepair.
History and heritage trail, All our history matters. Te Kohia is a great start. The Communities; Waitara history centre / aspiration is to see, feel and to know (with a sense of Growth; museum intimacy) our community history from Te Kohia to Destination Onukukaitara and Puketakauere pā sites and up the Waitara Road through the various redoubts into Pukerangiora. The aspiration is to walk these sites, feel the environment and understand the politics of the day and how families were effected. Marine Park development (retail There is an opportunity to develop Marine Park Community; and recreation space, amenities) alongside the development of the Coastal Walkway. Destination; The Board would like to see a Plan developed for Recreation; Marine Park in consultation with Hapū, the community and Marine Park users in line with community aspirations. Waitara Festive Lighting Waitara have four large cross road lighting displays Communities and had eight sets of light tubes on "Sail" street light Growth; poles. The Eight "Sail" street light pole have fallen into Destination disrepair and are in need of replacement. Waitara Memorial Hall Theatre The Waitara Memorial Hall Theatre is in urgent need Communities; Upgrade of an upgrade. Dressing rooms and back stage and Growth; toilets have not been touched and need to be Talent; completed. In the Waitara Community Board Plan Destination survey 54% of respondents indicated that this was an important or very important community asset. Dressing rooms and back stage and toilets have not been touched and need to be completed.
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Waitara Community Board Plan 2020-2023
Aspiration/Issue Key Initiative Key Focus Area
Years 1 – 3
Waitara Community Library Waitara Library has been identified as requiring Communities; Upgrade redevelopment as it is no longer suitable for the Growth; population size, future growth or the general needs of Citizens. the Waitara community. Waitara Pool Accessibility People with disabilities, and needing parental or Communities; Upgrade caregiver assistance, find it inappropriate for them to Citizens be in a single-sex changing room. A neutral changing room (family room) is required to provide an accessible friendly facility to ensure the safety of community users requiring caregiver or parental assistance. Waitara Pool – future planning The Board would like to see a feasibility study of the Communities; long term needs of the Waitara Community for the use Citizens of the Waitara Pool to ensure its replacement at the end of its life. Review of Waitara Street names The Waitara Community Board will lead a community Citizens engagement process in partnership with Manukorihi Hapū and Otaraua Hapū to review the street names in Waitara.
Aspiration/Issue Key Initiative Key Focus Area
Years 4 – 10
Curb and channelling upgrades This is an issue due to a lack of spending in recent Development throughout the two main history over stormwater. Once stormwater is dealt with and Growth; townships (Waitara and in Waitara then Curb and Channeling will automatically Transport and Lepperton) to improve follow as cannot be done before. movement. movement and ensure that they are safe and accessible for all mobility types. Accessible Boat Ramp Waitara Sailability boat club made a deputation to Communities; Waitara Community Board in June 2018 and made a Destination; request for Council to assist their disabled sailors to Growth; Talent access boats from their wheelchairs in the more sheltered tidal boat ramp area by their club rooms. There is an existing floating pontoon further towards the river mouth that is used but can be difficult for disabled sailors to use as the ramp is steep and during certain winds moves around a lot. Further community engagement to be undertaken before decision to build is made.
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Waitara Community Board Plan 2020-2023
Aspiration/Issue Key Initiative Key Focus Area
Years 4 – 10
Te Kōhia Pā In 2016 NPDC purchased 1373 Devon road, Brixton on Communities; which is situated Te Kōhia pā. Constructed on 15 Growth; March 1860 by Wiremu Kingi Te Rangitaake and his Destination followers, the pa was attacked by British forces on 17 March 1860, marking the commencement of the First Taranaki War, a pivotal event in the history of Taranaki. Recreation Spaces Upgrade and enhancements to play and recreation Community; spaces (Waitara township and Lepperton) Recreation; Environment West Quay Development Upgrade and enhance the West Quay development Community; (boardwalk, detail and recreation space, amenities, art Business and and sculpture, stories, signage) and ensure ongoing Economy; Recreation maintenance is provided. Regional Water Centre The board would like to see a plan developed to Community; provide a home for waka ama, canoeing, rowing and Business and other river based activities. Economy; Recreation
Aspiration/Issue Key Initiative Key Focus Area Advocacy The Waitara Community Board will continue to advocate on behalf of the Waitara and surrounding community on the following issues as and when required. District Plan Review District Plan rules to provide for: Development NB: No further submission can be and Growth made to the District Plan. Papakaigna housing Managed growth in Lepperton to protect rural character Waitara area zoning (residential and commercial) Increased protection of green spaces Increased protection of sites of cultural significance
Environmental enhancements, This is ongoing– advocacy role for Board. Community; (river, walkway and beach Environment; clean-up, planting, signage, Recreation environmental enhancement programmes) Review and enhance the Te Huinga Taumatua established. Representation Citizens representation and governance from Manukorihi Hapū and Otaraua Hapū are invited to arrangements for Māori across sit at the community board table with speaking rights. all tiers of Council organisaton and authority.
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Waitara Community Board Plan 2020-2023
Waitara Community Board Area The Waitara Community Board helps make our community a better place to live by advocating on key issues on behalf of the Waitara and surrounding community. The community board geographic area is from the airport to Lepperton and the area to the eastern boundary of the Waitara urban area.
The iwi and hapū within this rohe are Te Atiawa, Manukorihi Hapū (Owae Marae), Otaraua Hapū (Mangaemiemi Marae) and Pukerangiora Hapū (Kairau Marae).
The Waitara Community Board Plan sits alongside the Inglewood, Clifton and Kaitake Community Board Plans setting out the vision, issues and aspirations of each community. This is the first review to be undertaken since the community board plans were originally approved and adopted in July 2017.
The Plan is a plan for the whole community (see Appendix 2 for census Quick Stats) – young and old, Māori and Pākehā, men and women, businesses and employees, families and more. The vision for our community can only come to life because it is innovative, forward looking, focused and cohesive. The hope of the Waitara Community Board is that the issues and aspirations of the community, as set out in this document, will be translated into action and investment by the New Plymouth District Council. This is a 30 year plan (reviewable every three years) and the community know that it will take this length of time for some of the investments into the community to be made. The Waitara Community Board recognize that the Waitara and surrounding community cannot expect to get everything that is wanted in the short term. However, it is important that the Council consider the views of the community and invest in the areas that have been identified as important.
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Waitara Community Board Plan 2020-2023
Community Board Plan Review Survey 2020 During the COVID-19 lockdown, the Waitara Community Board began the review of the Plan and developed an online-e survey that provided proposed statements from the existing community board plan key focus areas and asked the respondents to indicate the extent to which they agreed with the statements. In addition to the questions, the survey provided opportunities for respondents to provide additional commentary about the issues or other matters that were not identified.
The survey was promoted by the community board and the New Plymouth District Council via their website, Facebook and Midweek. Hard copies were also available through the Waitara Library for a limited period following the easing of Level 3 lockdown restrictions.
157 people responded to the community survey. Respondents covered a broad demographic profile from across the Waitara Community Board area. Which area of the Waitara ward do you live or most associate with?
Other
Live in Waitara area but vote for Clifton Community Board
Huirangi area
Rural area surrounding Lepperton township
Lepperton urban area
Rural area surrounding Waitara township
Waitara urban township
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Ethnicity 2.61% 4.58% 2.61%
28.10%
56.86%
New Zealand European Maori English Other European Other
Figure 1 - Iwi Affiliation
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Waitara Community Board Plan 2020-2023
Issues The following issues were identified as needing attention across Community Board area in 2017. The Community Board asked if these issues should still be the focus in 2020.
160
140
120
100
80
60
40
20
0
Strongly Disagree Disagree Neutral Agree Strongly Agree
The above graph reflects the changes in community response to issues in Waitara between 2017 and 2020. There is very little change over the three year period to any of the issues identified. As was to be expected all of the issues that were still perceived as still being important for the Waitara Community Board area. When considering the issues that the respondents supported and strongly supported, the three most important issues have changed as follows:
1. Stormwater; 2. Economic Development; and 3. Recreation facilities.
In the 2017, Environment was identified in the top three most important issues. However, in 2020 Recreation facilities was identified by the Waitara and surrounding community as requiring more attention. This could possibly be in anticipation of the pending Waitara – New Plymouth Walkway development. Environment issues is noted as fourth on the list. 132 respondents provided additional comment about the issues they were concerned about. The comments largely aligned to the major issues. However, more detail and clarity was provided about the meaning of the particular issue. The notable issues relate to:
Upgrading the CBD and providing an enable environment for business and economic growth Improved walkways and cycleway connections in Waitara and Lepperton Recreation and cultural opportunities and facilities;
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Improved infrastructure, in particular stormwater; and curb and channelling Management growth and development that allows character of the communities of Waitara and Lepperton to be retained. Public open spaces in Lepperton.
The Waitara Community Board asked respondents two questions regarding issues and/or aspirations and how important they were.
The following priorities will continue to be part of the Council's Long-Term Plan commitments. The Waitara Community Board asked how important these issues and/or aspirations were.
Marine Park to be developed to provide a retail and recreational community space.
A Regional Water Centre developed to provide a home for waka ama, canoeing, rowing and other river based water activities.
West Quay development (boardwalk, retail and recreation space, amenities, art and sculpture, stories, signage)
Support for community environmental enhancement programmes such as beach, river and walkway clean-ups, signage, planting etc
Enhancement of community amenities throughout Waitara and Lepperton (rubbish bins, shelter, seating, BBQ areas)
Participate in consultation with local iwi and hapu and support their ideas for the development of local historic sites, including Te Kohia Pa.
Upgrade and enhancements to play and recreation spaces in Waitara and Lepperton
Planning and completion of the Walkway connection between Waitara (West Quay) and New Plymouth.
Curb and channeling, and footpaths to be mandatory in all new sub-divisions throughout the Waitara Ward.
Curb and channelling, and footpath upgrades throughout Waitara and Lepperton to improve movement and ensure that they are safe and accessible for all mobility types.
Stormwater and wastewater upgrades in the Waitara and Lepperton townships.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very Important Important Neutral Not important Not at all imporant
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Aspirations The Waitara Community Board sought feedback on the following projects to see if they should be considered for inclusion in the Council's Long-Term Plan.
Heritage and History Trails throughout the Waitara Ward.
Enhancement of walkways (Ranfurly St through to Pukekohe Domain, Dick Wilson Walkway and Lepperton River Walkway)
Further community consultation for the proposed upgrade to Waitara Library & Service Centre.
Bilingual “Welcome to Waitara” Signs at all entrances into the Waitara township.
Memorial Hall Theatre Upgrade (including staging, seating, air conditioning/heating and curtains)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very important Important Neutral Not Important Not at all important
Additional comments for the Waitara area Aspirations The environment should always be a priority in considerations. Having more dog parks/parks for the growing Lepperton community is important. Improved playgrounds and recreation areas and swimming pool available all year-round. Upgrade the CBD to encourage local commercial businesses and tourism, improve the profile of the central business centre of Waitara. Continue to improve public amenities and foster community well-being Protect the history of the community and promotion of community and cultural pride. Support development of industry. Job prosperity and economic growth Become the most sustainable and energy efficient community in Taranaki. A cycleway connecting Lepperton, Waitara and Bell Block. Allow for smaller lots to be available in the rural areas. Complete the coastal walkway from Waitara to New Plymouth. Well maintained playgrounds for our children. Build economic development and create more opportunities to support the people who live here and encourage more people to live here.
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Issues Security cameras are needed in the CBD that can provide clearer detail. Curb and Channelling in inner Waitara streets. Town sewer connections in Lepperton. Need for basic indoor training facilities for netball/basketball which is not provided at the Centre on Princess Street. Safety of pedestrians in Lepperton township is of concern. There is more children on the road and also more traffic. Tidy up the main street in the CBD. Clean up the river and make it safe for swimmers. Eliminate the smell along the river walkway behind the wastewater treatment area. Keep the recreation facilities that we have regularly cleaned and maintained and kept to a high standards so that they can be used. Pest and weed control on leased lands that have been left to overgrow.
What makes Waitara a great place to live, work and play? The survey asked respondents to rank what makes them feel Waitara and the surrounding areas a great place to live, work and play.
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Connecting to relevant Plans and Strategies District Blueprint The New Plymouth District Blueprint is a high-level spatial plan for the district that supports and implements the Shaping Our Future Together vision and outcomes. The Blueprint helps guide Council decision-making to deliver more integrated social, economic and environmental outcomes for the community and is supported by Eight Key Directions (Appendix 1) that are integrated and multidisciplinary and will be the Council’s focus for planning during the next 30 years. Within each key direction the actions required fall under different disciplines within the Council, and include infrastructure, strategy and policy, and district plan outcomes. The key directions also provide guidance to other government agencies, businesses, industries and the community on how the Council will focus its resources and deliver on the vision and community outcomes of Council.
For the Blueprint to remain relevant it needs to be weaved into local decision-making processes. This will allow it to be a highly relevant document with the intention of keeping the strategic planning of the district in front of mind when making decisions. To aid the Council with its decision making, the Clifton Community Board’s five key focus areas align with the eight key directions, being:
1. Environment – Enhance the natural environment with biodiversity links and clean waterways. 2. Communities – Strengthen and connect local communities. 3. Citizens – Enable engaged and resilient citizens. 4. Growth – Direct a cohesive growth strategy that strengthens the city and townships. 5. Industry – Strengthen and manage rural economy, industry, the port and the airport. 6. Talent – Grow and diversify new economies that attract and retain entrepreneurs, talented workers and visitors. 7. Central City – Champion a thriving central city for all. 8. Destination – Become a world-class destination. Long-term Plan (LTP) The current Council’s Long-term Plan for 2018-2028 (LTP 2018-2028) is a 10 year investment programme. Council’s investment in new water infrastructure, for instance, will continue to allow the community to prosper and grow through the provision of clean, drinkable water to households and businesses. Council’s parks investments will provide for improvements to our environment, opportunities for people for recreation and fund, and continue to provide tourism opportunities to grow and prosper.
In implementing the vision and outcomes over the next 10 and 30 years, the Council needs to consider the future direction of the New Plymouth District. These are based on the trends seen in the community. Some of the forecasts act as the baseline compared to our aspirations for building a sustainable lifestyle capital, while others represent business-as-usual approaches or show the risks and challenge faced by our community.
The Council’s LTP is currently under review in preparation for adoption on 30 June 2021 for the period 2021- 2031. The community boards have been provided with an opportunity to have input into the Long-term Planning at the beginning of the process for the first time. The community board has presented its priorities for the next three years and ten years to the Long-term Planning team and will have another opportunity through its submission to the Long-Term Plan community consultation which will be held in March/April 2021.
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Infrastructure Strategy The infrastructure Strategy identifies the significant infrastructure issues the New Plymouth District is likely to face over the next 30 years.
It takes a long-term view of the infrastructure and services the New Plymouth district will need over time, and how the Council might provide them. As well as identifying the key issues, the Infrastructure Strategy details the options the Council has for managing these issues and the implications of each of these options. It also outlines the Council’s preferred response and how much it is likely to cost. Sitting alongside the Financial Strategy, the Infrastructure Strategy helps the Council avoid any major surprises in the future.
In developing the Infrastructure Strategy, the Council considered:
The infrastructure required to implement the strategic vision; How much the district will grow and where and when that growth will occur; The current state of the district’s assets and the issues likely to arise over the next 30 years; The possible solutions to these issues and estimate of how much they are likely to cost; and The impact of any decisions on levels of service, rates and debt.
District Plan New Plymouth District Council is required to prepare a district plan for the district. The purpose of district plans is to assist territorial authorities in carrying out their functions in order to achieve the sustainable management purpose of the Resource Management Act. District plans must give effect to national policy statements and regional policy statements and must not be inconsistent with regional plans and any applicable water conservation orders.
District Plans cover issues related to the functions of territorial authorities. These include:
The effects of land use The control of land use for the purpose of: - Avoiding or mitigating natural hazards - The management of contaminate land - The maintenance of indigenous biological diversity - Noise - Activities on the surfaces of rivers and lakes Proposed District Plan The District Plan is being reviewed and updated and the Proposed District Plan was notified on 23 September 2019, with submission period open until 22 November 2019. The submission period is now closed. Staff are now working through the submission to summarise all the submission points received. Once this is completed, a summary of submissions report will be publicly notified and a call for further submissions made.
For updated details on where this process is, visit District Plan/Proposed-District-Plan on the council’s website.
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Concluding remarks Whilst the review of this Community Board Plan has been a relatively short process, the process has been positive and has sought to be an inclusive as possible given the time constraints and environment caused by COVID-19 lockdown.
The Waitara Community Board recognise that this Plan is a journey; this is a living document and a living process.
There are a number of ways that community board initiatives can be funded:
Through general rate funding. The Council decides on the share of general rate funding provided to projects identified by community boards. All decisions on investment in new facilities and major upgrades of facilities are made by Council. By leveraging involvement of other partners such as the private sector, community and other public sector agencies. The Waitara Community Board has prioritised the aspirational projects it will put forward for funding in the Long-term Plan, taking into account what the community has told us. The prioritization is shown in this document and will be further supported by a submission to the Long-term Plan through the statutory consultation process to be held in March 2021.
In addition to the issues that have been highlighted in this plan, the Waitara Community Board are aware that its role extends far beyond advocating for infrastructure and service improvements. There is a community advocacy role for the community board to undertake. There are many issues where the Council may not have direct control, but because the community board members have been elected to represent their community, there is an expectation that they will be a voice for the community. Therefore the Waitara Community Board is committed to advocating for the wider issues to improve the social, economic, environmental and cultural well- being of its community.
In working towards the vision, aspirations and issues that have emerged from this process, the Waitara Community Board is looking forward to the next stage of the journey; a journey that will afford them opportunities to work in close partnership with fellow community board members in Kaitake, Clifton and Inglewood; with iwi and hapū; with business and community organisations; and groups across the community board area and with the dedicated and committed individuals that call the Waitara Community Board area their home.
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Appendix 1 : Blueprint Eight Key Directions
Environment - Enhance the natural environment with biodiversity links and clean waterways. The district is home to a unique natural environment with significant areas of indigenous vegetation, and rivers and waterways that flow from the mountain to the sea. Enhanced biodiversity will not only be positive for the natural environment and clean water but will also have significant cultural and economic spin-offs. Biodiversity outcomes will be achieved through collaborating with landowners and agencies – a multi-agency approach is required to achieve the desired environmental outcomes. Communities - Strengthen and connect local communities New Plymouth District is made up of many communities and neighborhood centres. Strengthening and connecting local communities ensures that they become successful, safe and livable environments for residents. The Council’s role is to support community, business and industry initiatives by providing high-quality public infrastructure and a pragmatic regulatory response that helps our community achieve their goals.
Citizens – Enable engaged and resilient citizens Engaging and enabling citizens will help to build community resilience. Encouraging community participation in events that are run in our parks and places will promote community connectedness and overall well-being. It is the Council’s role to build strong strategic partnerships and encourage public and community sector collaboration, leading to more sustainable social, economic and environmental outcomes.
Growth – Direct a cohesive growth strategy that strengthens the city and townships Our district is growing and we need to consider how we provide for growth into the future. As a result of the anticipated population growth, new growth areas will be required in the city and towns to provide for additional dwellings during the next 30 years. Determining the appropriate locations for growth will contribute to all the community outcomes. The Council needs to be clear on how and where it will accommodate growth into the future, through providing adequate land supply and planning for network infrastructure in appropriate locations.
Industry – Strengthen and manage rural economy, industry, the port and the airport Our economy has a strong agricultural base and a nationally significant oil and gas sector. It also has a fast- growing poultry sector with significant expansion likely in the short term. Protecting and strengthening these industries will be important for ongoing economic growth and the subsequent benefits for the community. The Council’s role is through its funding of economic development initiatives (Venture Taranaki Trust) to help drive economic activity in the region. The Council can also support industry through appropriate infrastructure provision and a pragmatic solutions-focused District Plan and regulatory framework. Talent – Grow and diversity new economies that attract and retain entrepreneurs, talented workers and visitors The New Plymouth District economy is strong, supported by agricultural economies, oil and gas and small business. There is a need to focus on growing a more diverse economy based on our ability to attract and retain talented workers, entrepreneurs and visitors. The Council has a role in ensuring that the highly-regarded Taranaki lifestyle is maintained, supported by our unique landscape, recreation opportunities, rich culture and history. Central City – Champion a thriving central city for all The central city of New Plymouth is the social, cultural and business hub for the district and the wider region. However, retail in the central city is facing a challenging transition in the face of new format retail experiences and online retail sales. The central area will need to deliver a diversity of specialty retail, entertainment, cultural and social experiences. The Council has a role in working with business and other stakeholders to develop a strategic approach to drive the success of the central business area.
Destination – Become a world-class destination Our natural assets – our parks, rivers, coast and Maunga Taranaki – are what make the district a unique and special place to live and visit. A ’flagship’ initiative to lead this direction is the Taranaki Traverse – a world-class recreational, environmental and cultural tourism experience. This is a long-term initiative that will require time, focus and a collaborative, multi-agency approach.
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Appendix 2: Waitara Community Board Quick Stats (Source: StatsNZ (Census 2018) In order to understand the Waitara Community Board area, a brief demographic snapshot is provided. Compared to the district overall the Waitara Community Board area has a slightly younger median age. The community has a larger population who identify as Māori. Single parent families in private dwellings is higher than the district average, with couples with children being lower than the district average. Access to internet in private dwellings is lower than the district average. Population Total Female Male Waitara Ward 8604 51% 49% New Plymouth District 80679 51% 49%
Age Median Age Over 65s Under 15s Waitara Ward 37 years 18% 22% New Plymouth District 38 years 18% 20%
1Ethnic Group NZ European Māori Other Waitara Ward 76% 38% 7% New Plymouth District 85% 18% 10%
Families in Occupied Couple without Couple with child(ren) One parent with Private Dwellings children child(ren) Waitara Ward 40% 34% 26% New Plymouth District 44% 40% 16%
Internet Access in Internet No Internet Occupied Private Dwellings Waitara Ward 70% 30% New Plymouth District 79% 21%
Top Five Industries Waitara New Plymouth District 1. Manufacturing 1. Manufacturing 2. Construction 2. Health Care and Social 3. Health Care and Social Assistance Assistance 3. Construction 4. Agriculture, Forestry and Fishing 4. Retail Trade 5. Retail Trade 5. Professional, Scientific and Technical Services
1 Ethnicity is the ethnic group or groups that people identify with or feel they belong to. Ethnicity is a measure of cultural affiliation, as opposed to race, ancestry, nationality or citizenship. Ethnicity is self-perceived and people can belong to more than one ethnic group.
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30 Waitara Community Board Agenda (18 September 2020) - Decision - Members Activity Report - jR 2
COMMUNITY BOARD ACTIVITY REPORT – JOE RAUNER
PURPOSE 1. This report advises of the community board activities of Joe Rauner in the period to 8 September 2020.
ACTIVITIES
Waitara White Ribbon
2. I have attended several meetings and can conform the White Ribbon poker run for motor bikes will definitely run on 14 November, leaving the Waitara S&C Club at 11am and work in conjunction the Taranaki Car Club Street Sprints. The Waitara White Ribbon is part of the Waitara Not OK Family Violence program.
Waitara Storm Water.
3. Have again received concerns from residents over the storm water, kerb and channel, asking when will it be starting and what will be the scheduled to help with the problems of storm water issues in Waitara.
Boat Rinse
4. Waitara off shore boat club has asked again for support from Council to finish and install their boat rinse that is proposed for the marina at Waitara. All consents have been given and nearly all ready to go but are short of funds. The Boat Club has raised half the funds needed ($15,000.00) and are looking to try and complete this project. The extra costs have occurred by having to use the preferred Council supplier which cost an extra $10,000.00.
Waitara Angle
5. Have had a lot of inquires over the lack of the Waitara Angle. Waitara needs this paper and if there is any support needed we need to know because this is an avenue to know what has happening and what is going to happen in our community.
Report Details Prepared By: Joe Rauner Team: Waitara Community Board Ward/Community: North/Waitara Date: 8 September 2020 File Reference: ECM8366046
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31 Waitara Community Board Agenda (18 September 2020) - Decision - Members Activity Report - JM
3
COMMUNITY BOARD ACTIVITY REPORT – JONATHAN MARSHALL
PURPOSE 1. This report advises of the community board activities of Jonathan Marshall in the period to 9 September 2020.
ACTIVITIES
Lepperton Hall 2. Since my last activity report, I attended a meeting with Mr Larsen, council staff and Lepperton residents to hear the community’s thoughts on the Hall and the future of the hall.
Festive Lights 3. In discussion with council officers in regards to the lights and poles that they are mounted on. We are continuing these discussion’s and hopefully will find a way forward before the festive season. This seemed originally a simple thing to sort but our poles are decaying and replacing them is about following new regulation and who can make them.
Seymour Street Flooding 4. I have spoken with council officers in regards to the ongoing flooding on a property on a Seymour Street property, which occurs in heavy rains due to storm water flowing off a dwelling on Mouatt Street. There has been little headway on this issue to the detriment of the resident living in the house. There is clear evidence of stormwater being directed from the Mouatt Street property.
5. A service request was sent in early July. I had a reply then suggesting that it is a problem with the Tangaroa river. This is clearly not the case. I have in the last fortnight request a review of where they are up to, I got a reply that it has been referred to another department for a reply. Still I have had nothing.
32 Waitara Community Board Agenda (18 September 2020) - Decision - Members Activity Report - JM
3
CBD Cameras 6. Followed up with council officers in regards to the cameras for the CBD, previously have been told that there were some available for the CBD. This would ensure that fly tipping and other anti-social behaviour can be further reduced. It looks like some fly tipping has just started on the green in the last week. Police and council have confirmed that they are not fit for use and need replacing. I have not had a reply to when they may be replaced or not.
Bus Shelters 7. I attended a Strategy meeting this last week and it is noted that New Plymouth is getting four bus shelters. We were asked earlier in the year for our opinion on whether there any sites that bus shelters were needed. I replied on the 6 of March with a list of sites that needed bus shelters in accordance to our ratepayer needs and discussions. We only have one bus shelter. I have since requested an explanation of why we have missed out but at the writing of this I have not had a reply.
Good neighbourly relations 8. I attended a dispute between neighbours on Brown Road. I also understand that hapu from Otaraua and Puketapu have been able to help. I am aware that there was a bit of discussion with Council regarding sorting out the dispute, however remedies have come to the fore quickly with lawyers being involved. The issue is initially heated discussion between neighbours that resulted in a fence been erected at 180 for the length of the boundary with extensions to 2.3 metres in part where the dwelling can see over. Graffiti was sprayed on the fence of a happy face.
9. These residents have lived here for seven generations. The disappointment is seeing how much light and wind has been taken away as well as seeing the affects on their health. Legal people and representatives of hapu have rallied to assist and help solve the issue. The issue is far from fixed.
10. As a rural property, there are conditions that must be met in regards to fencing that are not like residential. These are the areas that the council will have to help with.
Gambling in Waitara 11. You will note from the agenda of the Strategy & Operations Committee the proposed consultation regarding Gambling Policy and TAB Venues policy. You will remember that we requested three years ago that we have a sinking lid policy on the then current machines. This has come up again for our review. The proposed dates for consultation are 12 September to 14 October. I am of the mind that we should be submitting to this as a community board, which will require an extraordinary meeting.
33 Waitara Community Board Agenda (18 September 2020) - Decision - Members Activity Report - JM
3
To familiarise yourself with the SOC agenda, (https://www.newplymouthnz.com/- /media/181521B7FD2E4A65B1434BBEF8C1CBEA.ashx) we might be able to cover the points at our meeting of the community board.
Report Details Prepared By: Jonathan Marshall, Chair Team: Waitara Community Board Ward/Community: North/Waitara Date: 9 September 2020 File Reference: ECM8367910
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34 Waitara Community Board Agenda (18 September 2020) - Decision - Members Activity Report - AL
4 COMMUNITY BOARD ACTIVITY REPORT – ANDREW LARSEN
PURPOSE 1. This report advises of the community board activities of Andrew Larsen in the period to 9 September 2020.
ACTIVITIES
Lepperton Residents Association (LRA) 2. I, along with North Ward Councillor Tony Bedford attended the first AGM of the LRA, held at the Lepperton School Community hall. A committee was elected and the results of the recent survey were discussed. It is good to see that the LRA is moving forward and are developing plans for the old community hall site
Waitara Street Sprint/White Ribbon Day. 3. The above event is to take place on 14 November. This is an annual event and is well supported by the community. It is unfortunate that, due to the COVID- 19 pandemic, some events have been postponed or cancelled, and I look forward to more of the annual events being held once we move out of level 2 restrictions.
Report Details Prepared By: Andrew Larsen Team: Waitara Community Board Ward/Community: North/Waitara Date: 9 September 2020 File Reference: ECM8367922
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35 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
APPLICATION FOR TEMPORARY ROAD CLOSURE – TARANAKI CAR CLUB, WAITARA STREET SPRINTS 5
MATTER
1. The matter for consideration by the Waitara Community Board is an application for a temporary road closure from the Taranaki Car Club to close residential streets in Waitara to create a venue for the Waitara Street Sprints motorsport event.
RECOMMENDATION FOR CONSIDERATION
That having considered all matters raised in the report, the temporary road closure application for the following event be declined.
Event: Taranaki Car Club – R & S Dreaver, Waitara Street Sprints.
Date and period of the road closures: from 6am to 6pm on Saturday 14 November 2020.
Roads to be closed:
Memorial Place. Whitaker Street from Blake to Browne streets. Browne Street from McLean Street to High Street West. Stafford Street from Browne to Grey streets. Cameron Street from Grey to Blake streets. Broadway from Cameron to Pratt streets. High Street West from Cracroft to Browne streets. Cracroft Street from High Street West to McLean Street. Stafford Street from Cracroft to Blake streets.
Refer Appendix 1 for map of road closure area.
COMPLIANCE Significance This matter is assessed as being some importance. This report identifies and assesses the following reasonably practicable options for addressing the matter:
1. Decline the temporary road closure application; or Options 2. Approve the temporary road closure application; or 3. Approve the temporary road closure application on the condition that more barriers be placed in-front of residential housing on the course.
36 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
COMPLIANCE 5 The persons who are affected by or interested in this matter are residents and businesses who occupy properties within Affected persons the road closure area and motorsport enthusiasts interested in attending the event as participants or spectators, will be interested in the matter.
Recommendation This report recommends Option 3 for addressing the matter.
Long-Term Plan / Annual Plan No Implications Significant Policy and Plan No Inconsistencies
EXECUTIVE SUMMARY
2. We recommend that the Waitara Community Board approve the application from the Taranaki Car Club, only on the condition that they place more barriers on the course, in front of residential properties. Thereby minimising the risk of damage or harm to those properties or residents in the event of a vehicle, traveling at high speed, leaving the course. The savings made from the discounted application fee given to the applicant in the COVID-19 stimulus package could be used to cover the cost of extra barriers for the course.
3. Taking this approach will ensure that the Council is effectively managing the risks associated with motorsport events alongside affected residents on residential streets in Waitara.
4. To hold the Waitara Street Sprints the applicant must also gain a permit from Motorsport NZ (MSNZ), the governing body for motorsport activity in New Zealand. MSNZ will not issue a permit without the applicant first gaining approval from the Council to close the roads.
5. The recommended option has been based on:
Council Officers continued recommendation that motorsport events be held away from residential areas.
Motorsport events held in residential areas is “not best practice”.
37 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Risks associated with motorsport events based on incidents in previous events. 5
No changes being made to the spectator and property safety measure in place for this event. However, by adding extra barrier to the course as suggested by Council Officers, the risks to people and property can be minimised.
Council Officer recommendations, in previous years, that concrete barriers be in place throughout the Waitara Street Sprint course to provide a higher level of protection to spectators and property in line with the risk level.
BACKGROUND
6. The Taranaki Car Club has applied to the Council for a temporary road closure to use the roading network as a venue for the Waitara Street Sprints. Roads and footpaths would need to be closed to vehicular and pedestrian traffic, and road users within the proposed venue, during the motorsport event.
7. The event is subject to the Taranaki Car Club holding a permit from MSNZ to run the event. As the governing body of motorsport activity in New Zealand, MSNZ will not issue a permit for the event without the Taranaki Car Club having first secured an approved temporary road closure from the Council.
8. Previous applications from Taranaki Car Club for motorsport events held in rural or industrial settings have not attracted submissions against the events and have been approved by Council.
9. The Taranaki Car Club has applied for a temporary road closure to hold the RT Taranaki Foreman Road Hill Climb on 15 November 2020. This event is to be held in a rural area and, if the Waitara Street Sprint is approved, will form a two-event weekend for the Taranaki Car Club, attracting participants from around the North Island.
Outline of the proposed Waitara Street Sprints event for 14 November 2020.
10. Waitara is the applicant’s preferred venue for the event. The proposed event course has been used four times before by the club and is centred around Pukekohe Domain. To secure the course the applicant has, in previous years, engaged a local group to marshal at the event. Based on previous events there could be 250 – 500 spectators along the course.
11. All entrants pay an entry fee to the car club to participate in the event and must also hold appropriate MSNZ vehicle standards and driver licence requirements. Competitor’s cars complete timed circuits on a set route in the road closure area. No speed limit is placed on drivers. There can be two cars on the course
38 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
at one time, with cars traveling at high speeds, each competitor racing against the clock. Cars are released at intervals, not simultaneously. 5
12. The course design is reviewed and finalised by MSNZ, which addresses the motorsport specific aspects such as spectator safety zones, chicanes to slow down drivers as they approach corners, and designated no go areas. Volunteer marshals are in radio contact with each other and positioned at intervals along the course. The course controller is positioned in the pit area on Memorial Place.
13. Before the event commences all the drivers have the opportunity to have a drive around the course to familiarise themselves with it. The cars run in a convoy, and it is a chance for any new drivers to have a look at the course. This run is before the official practice run and before any competition runs.
14. Taranaki Car Club advised the Council there are five properties along the event course which could be at risk should a vehicle leave the course.
Previous Waitara Street Sprint Events.
15. The Waitara Street Sprints last took place in November 2019, having also been held in 2018, 2017, and 2015.
16. The 2019 event ran without any incidents, however, during the 2018 event, a competitor’s vehicle left the event course on a straight and narrow section of road just past the corner of Memorial Place and Whitaker Street, crossing the footpath, collided with a fence on private property and coming to rest on top of a live power box. There were no physical injuries to the competitor or members of the public. The damaged fence was replaced that day by the Taranaki Car Club, at its cost.
History of Taranaki Car Club compliance managing risks at their events.
17. Events previously held by the Taranaki Car club have caused damage to private property and public infrastructure.
18. There have been three separate incidents, in past eight events, held by the Taranaki car club since October 2018 where participants in the motorsport events have lost control of their vehicles and crashed:
i) on its roof, on a footpath; Paritutu Street Sprints 25 November 2019
ii) against a power transformer with live wires, requiring the transformer to be replaced. – De Havilland Drive 20 January 2019
iii) through a fence on private property, on top of an electrical box; - Waitara Street Sprints 27 October 2018
39 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
19. The Taranaki Car Club has taken steps to implement recommendations from 5 NPDC within their HSE plans around managing risk to the public or people on private property alongside the event courses. A significant level of difference remains between safety measures the club are prepared to implement and Council’s expectations about protecting the public and property within the course area from risk directly associated to a motorsport event in a residential area. Council officers still have concerns about the level of protection for pedestrians and residential property.
20. Council officers have recommended the Taranaki Car Club use venues away from residential areas. It is not recommended that approval is provided for events in residential areas. The Taranaki Car Club would need to increase the level of physical protection between motorsport activity and people and properties alongside courses in residential areas before they should be approved. This is not a new recommendation from Council officers. However the Club has advised the Council over the last two years that increasing the level of physical barriers along the course is something they are aspiring to, but implementing these measures is currently cost-prohibitive.
21. In the absence of physical barriers throughout the course, the Taranaki Car Club’s actions to manage the risk to people and residential property present at motorsport activities cannot be adequately isolated. Given the closeness of the footpaths and residential properties to the motorsport course, Council Officers don’t consider plastic tape to be sufficient protection against possible damage or harm.
22. The Taranaki Car Club has advised Council officers that health and safety measures and course marshaling is strictly monitored. If a person breaches the designated zones, all races cease until such time the course is clear. For a copy of the Health and Safety Plan provided by the Taranaki Car Club. Refer to Appendix 2.
23. The Council accepts that footpath closures and designated spectators zones assist in reducing the risk when strictly adhered to but these measures, do not protect people on private residential properties alongside the event course.
How other local authorities manage motorsport events in residential areas
24. Communication with other Local Authorities in 2019 revealed that the use of residential streets for motorsport events is not common in other parts of the country. Councils typically encourage local motorsport clubs to use rural roads or industrial locations away from built-up residential properties. These findings are supported by MSNZ which advised the Council that 60-70% of motorsport events are in industrial areas. The remaining percentage is made up largely by events in rural locations with MSNZ advising road closures for motorsport events on residential streets are “not common”.
40 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
25. The ‘Waimate 50’ motorsport event in South Canterbury is the only comparable 5 current event in New Zealand, however, multiple cars race through residential and commercial streets. The full event course for the Waimate 50 is lined with solid barriers. There are also designated no-go zones for high-risk areas. Compared to the Waitara event, Waimate 50 attracts larger crowds, more participants, and is held over several days.
Proposed risk management for the 2020 Waitara Street Sprint event.
26. In the Councils Health and Safety Policy Guidelines, ‘it is the event organisers responsibility for planning and managing risk at their event by taking all reasonably practicable steps to deliver a healthy and safe environment’. Therefore, the event must be organised to minimise any inconvenience and danger to normal road users and to minimise any danger to people associated with the event, including spectators.
27. There is a legal responsibility under the Health and Safety at Work Act 2015 (HSWA) to ensure the health and safety of all event participants, spectators, event staff, contractors, subcontractors, volunteers, and other event delivery participants such as affected residents, and any persons legally entitled to be at or in the vicinity of the event site.
28. The conditions the applicant is expected to meet in relation to the road closures application and event are guided by the Temporary Road Closure and Disruption to Traffic Policy and Guidelines. Key conditions have been communicated to the Taranaki Car Club and outlined in the correspondence attached as Appendix 3.
29. As a condition of the temporary road closure application, the Council has received an Event HSE plan from the Taranaki Car Club for the proposed event. The plan does not address the concerns that were expressed in 2019 by Council that the Taranaki Car Club has not taken all reasonably practicable steps to implement adequate risk control measures for protecting residents and their property from the risk associated with motorsport activity.
30. The incident in 2018 shows that a vehicle traveling at high speed can leave the event course and cause damage to private property, with potential for serious harm or fatality.
NEXT STEPS
31. If the Council approves the application, MSNZ will work with the Taranaki Car Club on risk management at the Waitara event. MSNZ is unlikely to involve a requirement to barrier the full course and some residential properties on the course will only have tape and space between their properties and the event.
41 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
SIGNIFICANCE AND ENGAGEMENT 5 32. Under the Council's Significance and Engagement Policy, this matter has been assessed as being some importance. Those affected by or interested in this matter are residents and businesses who occupy properties within the road closure area. Motorsport enthusiasts interested in attending the event as participants or spectators.
33. As required under the Transport (Vehicular Traffic Road Closure) Regulations, the intention to close the road was advertised in the North Taranaki Midweek on Wednesday 12 August and uploaded to the Council’s social media pages the same week. The submission period closed at 4pm on Wednesday 26 August 2020, one submission was received.
34. As the roads and some footpaths will be closed on the event day, affected persons living or working in the closed area have limited access to and from their homes. In locations directly adjacent to the event the footpath will also be closed. Access is possible on the event day, but arrangements must be coordinated by phone on the day, with the event organiser. The TMP has provisions to allow access to businesses in the road closure area, but not on the direct route.
35. As the Roading Network is a public place the Council has a Duty of Care to ensure any activity they permit on or near the Roading network does not adversely impact on the community
36. In addition to the potential harm to people, the flow-on effect from damage to infrastructure has consequences to residents and local industry, for example, loss of power.
37. In doing due diligence around motorsport events Council Officers have uncovered holding motorsport events in residential areas is not best practice. There are alternative venues available to the car club in non-residential locations. The overall objective is to remove the potential of harm to people and property during motorsport events on the district’s roading network.
38. Council staff have completed routine notification of the requested closure by providing details to emergency services and road user groups
39. The submission received in opposition to the event application reflect Council Officers concerns regarding the appropriateness of the event location and lack of measures to mitigate harm to people and property.
40. The Council received one submission in response to the application to close roads for the Waitara Street Sprint. The submitter asks the Council to move the event away from a residential area. In the words of the submitter, their reasons for submitting are:
42 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
“Dear Sir/Madam 5 I want to put in a complaint, regarding the intentions to close the Footpath and Road in front of my property at 67 Broadway Waitara on Saturday the 14 November 2020. This has been going on for the last 4 years and I think it is about time that the Taranaki Car Club looked for a different venue, preferably in an industrial area, where it used to be held. I am referring to the Paritutu area and de Havilland Drive. In our part of Broadway, mainly elderly people reside. I am speaking for myself when I say I object to having to get out of bed at 7.30 on Saturday the 14 November to Park my car way down the Road, so I can use it during that day. Then in the past when I stepped out the gate to leave my property, after making sure the coast was clear, I got verbally abused for making my way towards High Street. I am over it and think that racing in a residential area is wrong. There are enough places outside of the built-up residential areas where they could race they're noisy and smokey racing cars. Time for a change, I think. Kind regards “
OPTIONS
All reasonably practicable options have been assessed. The following headings relate to both options.
Statutory Responsibilities
41. The requested temporary road closure is proposed and managed under the Transport (Vehicular Traffic Road Closure) Regulations 1965.
Participation by Māori
42. Temporary road closures are an operational matter and Māori has not participated in decision making to date.
Option 1: Decline the application for a temporary road closure.
Financial and Resourcing Implications
43. This option may have implications for the applicant who would be unable to use their preferred venue for the event.
Risk Analysis
44. No Health and Safety or event-related risks apply to this option, as the Waitara Street Sprint cannot go ahead without a temporary road closure in place. This
43 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
option is not consistent with previous support shown to motorsport events in residential areas of the New Plymouth district. 5
Promotion or Achievement of Community Outcomes
45. This option does not support any community outcomes for the applicant. For the affected persons opposing the event, this option supports the promotion of ‘People’ by listening to and considering their concerns around the safety of the event.
Consistency with Policies and Plans
46. The ability for the Council to decline the request for the temporary road closure is consistent with provisions in the Council’s Temporary Road Closure and Disruption to Traffic Policy and Council’s recommendation that motorsport events be held away from residential areas.
Community Views and Preferences
47. This option does not support the views and preferences of the applicant and the majority of affected persons who live within the proposed road closure area.
48. This option reflects the views and preferences of affected persons who have expressed opposition to the event, or the submission presented to the Council opposing the event.
Advantages and Disadvantages
49. The applicant has met all conditions of their temporary road closure application to date and is experienced in using closed roads as a venue for motorsport events. What the applicant is still to demonstrate is the capacity to make key changes around the physical separation of the event from residential properties and the occupiers.
50. This option is favoured by Council Officers as it removes the risk to public and residential property associated with holding a motorsport event in a residential area.
51. The disadvantages associated with this option rest with the applicant who would be unable to use their preferred venue for the event. The Council is prepared to continue working with the Taranaki Car Club and MSNZ to identify alternative locations for motorsport events, away from residential areas.
44 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Option 2: Approve the application for a temporary road closure. 5 Financial and Resourcing Implications
52. The Taranaki Car Club is required to meet all costs associated with the temporary road closure and running of the Waitara Street Sprints event. The Applicant is also required to have public liability insurance cover of at least $1 million.
53. The application fee of $565 normally charged by the Council to cover administration of the application has been reduced to $1.00 for this event due to the Councils COVID19 stimulus.
54. Council will arrange an inspection of the road surface and fixtures before and after the event with the applicant liable for repairs costs associated with property or infrastructure damage.
Risk Analysis
55. The applicant’s Traffic Management Plan, Event Health and Safety Plan, and Motorsport NZ permit are designed to address the risks associated with closing the road and delivering the event.
56. The applicant’s current Health and Safety Plan and risk control measures will be implemented by the Taranaki Car club. Nevertheless, in the event of an incident that results in legal prosecution under Section 30 of the Health & Safety at Works Act 2015, Council could be drawn into those proceedings and be found to have some liability given it has the ability to approve or decline the event.
Promotion or Achievement of Community Outcomes
57. This option promotes ‘People’ by supporting diverse activities within the community and ‘Place’ by enabling the roading network to be transformed into an event venue. This statement is only relevant to the community that is supportive of the event.
Consistency with Policies and Plans
58. The requested temporary road closure and associated conditions are consistent with the Council’s Temporary Road Closure and Disruption to Traffic Policy.
Community Views and Preferences
59. This option best supports the views and preferences of the applicant and the majority of affected persons who live within the proposed road closure area.
45 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
60. This option does not reflect the views and preferences of affected persons who have expressed opposition to the event, or the submission presented to the 5 Council opposing the event.
Advantages and Disadvantages
61. The Waitara Street Sprint is a popular event with the Taranaki Car Club and the proposed temporary road closure area is their preferred venue. Feedback from the consultation period demonstrates support from affected residents.
62. The disadvantages to this option originate from the use of residential streets for a motorsport event. Vehicles participating in the Waitara Street Sprints have the potential to reach speeds of up to 200km per hour, separated from residential properties, their occupants, and spectators at the event by either plastic barriers or a line of safety tape. In a previous event, a competitor’s vehicles leaving the event venue crossed a closed footpath and crashed through the fence of a residential property. There are no mitigating factors to prevent a similar event happening this year and there is always the potential for injury or death to people and damage to property.
Option 3: Approve the application for a temporary road closure with the following condition:
Event organisers obtain extra plastic barriers or large hay/silage bales to be placed on the course in front of residential properties, minimising the risk of harm by increasing the physical separation of the event from residential properties and the occupiers.
Financial and Resourcing Implications
63. The Taranaki Car Club would be required to meet all costs associated with sourcing extra barriers, as recommended by Council Officers.
64. Given the normal application fee of $565 being reduced to $1.00 for this event (due to the Councils COVID19 stimulus) the saving of $564 could be utilised by the Taranaki Car Club to cover the cost of the extra barriers required.
Risk Analysis
65. The applicant’s Traffic Management Plan, Event Health and Safety Plan, and Motorsport NZ permit are designed to address the risks associated with closing the road and delivering the event.
66. The addition of extra barriers being placed in-front of residential properties will minimise the risk of harm to residential property, infrastructure, and people, in
46 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
the event of an incident. This will enhance the current Health and Safety Plan and risk control measures will be better implemented by the Taranaki Car club. 5
Promotion or Achievement of Community Outcomes
67. This option promotes ‘People’ by supporting the applicant to run a diverse activity within the community and ‘Place’ by enabling the roading network to be transformed into an event venue. This statement is only relevant to the community that is supportive of the event.
Consistency with Policies and Plans
68. The requested temporary road closure and associated conditions are consistent with the Council’s Temporary Road Closure and Disruption to Traffic Policy.
Community Views and Preferences
69. This option supports the applicant and the majority of affected persons who live within the proposed road closure area.
70. This option does not reflect the views and preferences of affected persons who have expressed opposition to the event, or the submission presented to the Council opposing the event.
Advantages and Disadvantages
71. The Waitara Street Sprint is a popular event with the Taranaki Car Club. This option allows the event to take place with acceptable safety option in place. With the applicant making key changes around the physical separation of the event from residential properties and the occupiers.
Recommended Option This report recommends Option 3 for addressing the matter.
APPENDICES
Appendix 1 Map of road closure area. (ECM8338566)
Appendix 2 Waitara Street Sprint 2020 Event Health & Safety Plan. (ECM8338567)
Appendix 3 Conditions and correspondence. (ECM8339267)
47 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Report Details Prepared By: Ceri Bosley-Brady (Network Access Officer) 5 Team: Transportation Reviewed: John Eagles (Network Management Lead) Approved By: David Langford (Group Manager Infrastructure and Assets) Ward/Community: North/Waitara Date: 9 September 2020 File Reference: ECM 8356998
------End of Report ------
48 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
5.1
49 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
5.2
WAITARA STREET SPRINT 2020 Event Health and Safety Plan
CONTENTS
Event Health & Safety Policy Event Details Event Specific Details Key Responsibilities & Contact Details Site Plans Hazard ID Management Incident Report Major Medical / Major First Aid Emergency
50 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
EVENT HEALTH AND SAFETY POLICY 5.2
Taranaki Car Club Inc. recognises its responsibility to protect the health, safety, and welfare of all people directly associated with the event, including members of the public, whether attending the event or not.
We are committed to provide a safe environment for everyone to the best of our abilities. The details are set out in the event specific Health and Safety Plan which complies with the requirements set out in Health and Safety at Work Act 2015 (HSWA) and other relevant legislation.
We confirm that the following requirements are part of the plan:
A process is in place for the hazard identification, risk assessment, and control of hazards. Monitoring and review of control measures for hazards at intervals appropriate to the event to ensure effectiveness. Health and Safety responsibilities are clearly assigned to designated persons. An accident record is kept on site and in accordance with WorkSafe New Zealand. All participants at the event possess the necessary knowledge, skills, and training that enable them to perform their job adequately. The event location has been inspected by the designated health and safety person to ensure the venue’s safety Develop and provide an overall emergency plan which takes into consideration the event location, pack-in, pack-out, event activities, and any specialist procedures and instruction that may be required.
Larni Burkhart Event Organiser
Signature: ______
Date 15/07/2019
51 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
EVENT DETAILS
Event name: R & S Dreaver Contracting Waitara Street Sprints 5.2
Event location: Waitara, Taranaki
Course: Length of course is 1.8km, on a chip seal surface. It is intended that we will be running three cars at staggered intervals, for two laps of the circuit. Event date: Saturday 14th November 2020
Start time: 9:00am
Finish time: 5:00pm
Pack In Date: Saturday 14th November 2020 (Barriers dropped left on roadside Friday 13th afternoon)
Pack In Time: 6:00am
Pack out Date: Saturday 14th November 2020
Pack out Time: 6:00pm
Contact Information
Event Organiser: Larni Burkhart
Contact Phone: 027 4255554
Email: [email protected]
Address: 1022 Carrington Road Hurworth New Plymouth 4371
Event Description:
R & S Dreaver Contracting Waitara Street Sprint is a motorsport event held for local and out of town drivers to enjoy.
The event is held as part of the Taranaki Car Club session, which is of four dual weekend rounds, it’s a chance for local and out of towner drivers to better their previous or on the day times and skills while gaining points for the Taranaki car club season.
R & S Dreaver Contracting Waitara Street Sprint will include, a designated pits area, and designated spectator zones.
52 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
EVENT SPECFIC PLAN
Participants 45 Drivers plus crew members 5.2 Spectators 100 - 500 Volunteers 20 – 40
Event Sanctioning:
R & S Dreaver Contracting Waitara Street Sprint is a sanctioned event through Motor Sport NZ.
Briefing:
A prior briefing will be held with all those involved with running the event. Hazards and controls will be discussed, PPE issued, and all requirements and responsibilities will be advised.
Those with key responsibilities will brief the volunteers under their authority before they undertake their positions on the day.
Incident Reporting:
All incidents are to be reported to Event Organisers and the relevant paperwork is to be completed.
Road & Foot Path Closure:
A New Plymouth District Council approved road closure as per Transport (Vehicular Traffic Road Closure) Regulations 1965. will be in place for the event. This will take effect prior to set up on the event day. The road closure will be implemented and managed by an experienced contractor. Volunteer marshals will guard and direct at the road closure points for the duration of the closure. This will ensure public and spectators enter the event at the correct points. All effected and surrounding business in the area have received notification of the event and a reminder will be issued closer to the time.
Closed Roads: Memorial Place, Whitaker Street from Blake Street to Browne Street, Browne Street from Mclean Street to High Street West, Stafford Street from Browne Street to Grey Street, Cameron Street from Grey Street to Blake Street, Broadway from Cameron Street to Pratt Street, High Street West from Cracroft Street to Browne Street, Cracroft Street from High Street West to McLean Street, Staffort Street from Cracroft Street to Blake Street.
Footpaths within the road closure that are on the direct course will also be closed.
Entrants:
All entrants are to be registered for the event prior to the day. They are required to be affiliated with Motor Sport NZ. Proof of this affiliation is required to be presented at scrutineering.
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Communication will be sent to entrants prior to the event outlining all timings and requirements for the day. Entrants must not be under the influence of alcohol or drugs. Breath testing maybe undertaken on the day. A failed test will result disqualification of the entrant. 5.2
All vehicles must pass a scrutineering check prior to racing. The vehicles must be presented as they will race. Scrutineering will take place the morning of the event. All entrants must have approved safety gear. This will be checked during scrutineering.
All entrants will sign a Declaration of Indemnity prior to racing.
Vehicle Access and egress to Venue:
Emergency vehicles will access from McLean street/ Memorial Place or Grey/Browne Street.
Competition vehicles will access the venue via Mclean street/ Memorial Place.
Intervention / Recovery Vehicle:
Recovery vehicles will be onsite for the duration of the event. They will clear the race area of any cars that encounter mechanical issues to allow the quick continuation of the event.
Vehicle Position Fire Response vehicle: By start line with access to track First Aid: In spectator area with access to the track Tow Vehicle: By start line with access to the track
Scrutineering Team:
The scrutineering team will consist of mechanically knowledgeable people. list of required checks will be undertaken and signed off. Any failure on these checks will mean that the car will not be able to race unless the required changes can be made before scrutineering closes.
Stewards / CoC:
A Motor Sport NZ Steward and CoC will be present. They will liaise with event organisers to assist with the safe running of the event and ensure that all rules and regulations are followed.
Start Line / Race Control:
Race control will be situated in the Taranaki Car Club HQ bus which will be placed at the start line.
The start line, Timing and lights will be controlled by a competent and dedicated person (s) for the day. Timing and start and finish line will have direct communication with each other. Each race will not begin until the race controller has given the all clear.
54 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Each driver will be checked for helmet, seat belt & correct race clothing before starting.
5.2 Crowd Control:
Spectators will be kept at a safe distance from the area where the cars will run. Marshals will be placed to clearly direct spectators to the allocated viewing areas and to ensure they stay within these areas. Marshals will be recognised by hi vis vests. Racing will be stopped if spectators breach these areas until they are safely back in spectator areas. Continually unruly spectators will be asked to leave the event.
Motorsport is dangerous sign’s will be placed around spectator areas to remind spectators it can be dangerous.
This is an alcohol free event.
Barriers:
Each corner or run off area will have Plastic barrier/hale bays and caution tape.
Plastic barriers will be placed on the road edge, 6 meters back from there will be one tonne bales, 6 meters back from them will be caution tape were spectators can stand and watch. (See images below)
Amenities:
Waitara war memorial hall toilets will be open for competitors to use on the day.
Communication:
Taranaki Car Club will provide the communication hub inside the Event Bus. They will be in direct contact via radio with radio marshals (position indicated on map). They will be equipped with fire extinguishers and red flags. The club radio’s will be used for communication between the Event Headquarters, COC, Finish flag, and two marshal points visible from the finish point for additional queries from marshals if required.
Helpers / Volunteers:
Helpers / Volunteers will be briefed prior to the event. This brief will include what is required of them on the day and how to respond to emergency situations.
They will be asked to be prepared for the weather conditions e.g. Sun hats and sunscreen for a fine day, raincoat for a wet day. Radios will be issued where required. They will be briefed on expectations with crowd control and regular checks will be undertaken by event organisers to ensure there are no issues.
Emergency Procedures:
First aid will be onsite for medical first response. Refer Fire and Major Medical Emergency Procedure included.
55 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
KEY RESPONSIBILITIES AND CONTACT DETAILS 5.2 Name of contact Contact number Responsibility Company name person (preferably mobile) Event management Larni Burkhart 027 425 5554 Taranaki Car club
Crowd Control Andrew Larsen 0275775118 Taranaki Car club Traffic Management Traffic Management Sheryl Haynes 027 254 0918 Services First Aid trained First aid personal Larni Nicholas 027 425 5554 Emergency control Taranaki Car club Andrew Larsen 0275775118
Head Scrutineer Kiley Jury 0272295911 Taranaki Car club
To be issued by MSNZ Steward MSNZ MSNZ CoC TBC
Taranaki Base Hospital 06 753 6139 Phoenix Emergency 06 759 4295 Doctors Local Authority Ceri Bosley Brady 06 759 6060 NPDC Fire & Medical Major 111 Emergency
56 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
SITE PLAN: 5.2
Key Plan: Power Boxes Projection barrier Pits area details see next page Barriers No go Zone Chicane Race circuit Emergency services access point Hay Bales Marshall
8 Hay bales blocking concrete openings 5
Hay bales to protect fibre HAZARD2 IDENTIFICATION AND MANAGEMENT
RISK ASSESSMENT MATRIX Chicane Risk is determined by multiplying the Likelihood of injury/ damage by the Consequence.
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CORNER 2 5.2
58 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
CORNER 5 5.2
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CORNER 8 5.2
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5.2
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Risk Assessment (refer to risk assessment matrix): Hazard / Task Risk Description Risk Rating Risk Control Measures Responsibility Monitoring (Consequence x Likelihood = /Actions 5.2 Risk Rating) Heavy lifting during pack Strain or injury Moderate - Medical treatment Use machinery to lift and place heavy Organisers Spotter in place in and pack out (3) items where available Pack in/out Likely - Could easily happen (4) Lift in pairs or more volunteers High (10 - 15) management Lift from the knees/legs attention needed Communication
Crowd/public/spectators Death or injury Catastrophic - Death (5) Road closure in place to restrict and Event organisers Regular check ins Unlikely - Hasn't happened yet control access. Volunteers with all event but could (2) Designated spectator zones barriers, Marshals volunteers and High (10 - 15) management bales and caution tapeP in place (See TMP & STMS marshalls’ via attention needed Map) radio or cell Warning tape/signage at restricted phone. areas Event marshals directly spectators Radio communication between event organizers and marshals. Moving Vehicles Death or injury to Catastrophic - Death (5) Designated speed limits Event organisers Radio pedestrian/worker Unlikely - Hasn't happened yet Speed limit 5km in pit area. Drivers and crews communication but could (2) Reverse parking for drivers in pits. Volunteers Regular checks High (10 - 15) management Designated pedestrian areas. attention needed Road closure in place to restrict and control vehicle access. Spotter for reversing vehicles. Environmental - Hot Sunburn Minor - First aid treatment (2) Brief crew on bringing sunscreen and Everybody Regular checks weather Dehydration Likely - Could easily happen (4) hats for a fine day. Radio Moderate (4 - 9) specify who is Provide water during the day to communication responsible marshall’s & volunteers. Environmental – Wet Injury to driver Major - Hospital Treatment (4) Postpone/cancel event if conditions Event organiser Check forecast weather Injury to spectators Possible - Could happen / become dangerous. prior to event Injury to volunteers known to happen (3) Damage to property
62 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Slippery surfaces High (10 - 15) management attention needed 5.2 Spill Major - Hospital Treatment (4) Spill kits on hand. Event organiser Fumes Unlikely - Hasn't happened yet Fuel containers fit for purpose. Drivers and pit Fire but could (2) Fire truck and extinguishers on hand. crews Moderate (4 - 9) specify who is responsible Electrical Electrocution Minor - First aid treatment (2) Battery operated tools where possible. Event organiser Checks Trip over cables Possible - Could happen / Leads/electrical equipment tagged and Drivers and pit Site walk through known to happen (3) tested. crews prior to event Moderate (4 - 9) specify who is Electrical connections to be in good Vendors start time. responsible working order and weather proof. Power leads to be arranged in a safe condition and not across pedestrian areas. Site set out to avoid spectator access around electrical operations. Noise Hearing damage Insignificant - No injuries (1) Advise caregivers of noise prior to Event Organiser Regular checks Upset children Likely - Could easily happen (4) bringing children into venue. High (10 - 15) management Hearing protection to be worn by crew attention needed stationed close to race area.
Power Tools Electrocution Major - Hospital Treatment (4) Battery operated tools where possible. Event organiser Checks Injury to operator Unlikely - Hasn't happened yet Leads/electrical equipment tagged and but could (2) tested. Moderate (4 - 9) specify who is responsible Machinery operating Death or injury to Catastrophic - Death (5) Clear communication. Event organiser during pack in and pack operator or bystander Unlikely - Hasn't happened yet Hi vis vests to be worn. out but could (2) Hazards are discussed prior to High (10 - 15) management operation. attention needed Experienced/trained operators. Spotters for reversing machinery.
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Environment – Pollution Sore eyes / breathing Moderate - Medical treatment Pick up rubbish if seen, rubbish bin to Event Organiser Pick up rubbish as Rubbish difficulties from fumes (3) be at HQ. the day 5.2 Exhaust & fuel fumes Possible - Could happen / Spill kit onsite. progresses Oil & fuel spill Rubbish on the ground known to happen (3) – trip hazards Moderate (4 - 9) specify who is responsible Power Boxes Major – Hospital Treatment (4) Identifying positions of all power boxes COC, Event Barrier if required Possible – Could happen / Organiser Known to happen (3) Low (1-3) manage by routine procedures
64 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
When replying please quote Application Number: RTC20/00350 5.3
6 August 2020
TARANAKI CAR CLUB PO Box 704 NEW PLYMOUTH
Attention: Larni Burkhart
Dear Larni
ROAD CLOSURE UNDER THE TRANSPORT (VEHICULAR TRAFFIC ROAD CLOSURE) REGULATIONS 1965 – R&S DREAVER WAITARA STREET SPRINTS
We acknowledge your application requesting the temporary closure of roads in Waitara for Taranaki Car Club to hold the R&S Dreaver Waitara Street Sprints. The requested road closure and event are detailed below:
R&S DREAVER WAITARA STREET SPRINTS
Date and period of closure: 6am to 6 pm on Saturday 14 November 2020.
Roads to be closed: Memorial Place Whitaker Street from Blake to Browns streets Browne Street from McLean Street to High Street West Stafford Street from Browne to Grey streets Cameron Street from Grey to Blake streets. Broardway from Cameron to Pratt streets High Street West from Cracroft to Browne streets. Cracroft Street from High Street West to McLean Street. Stafford Street from Cracroft to Blake streets.
Event details: Motorsport event.
In accordance with the Transport (Vehicular Traffic Road Closure) Regulations 1965, the Council must give public notice detailing your temporary road closure application at least 42 days before the date of the event, and then consider any objections or submissions received in that respect. The public notice outlines a timeframe for affected parties and stakeholders to provide feedback on your application. The submission period will be open between 12 August 2020 and 26 August 2020.
A public notice detailing the temporary road closure application for the event will be published in the North Taranaki Midweek on 12 August 2020. We will upload details of the public notice and
Liardet Street, Private Bag 2025, New Plymouth 4342, New Zealand Phone: 06-759 6060, Fax: 06-759 6072, Email: [email protected] RDTRC1RET, Jun 11 V1
65 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
submission period to the Council’s website. The account for the advertisement will be forwarded to 5.3 you. A copy of the public notice is attached.
If objections are received during the submission period, we will contact you to discuss solutions. When submissions are received and issues cannot be resolved, the Transport (Vehicular Traffic Road Closure) Regulations 1965 require the Council to meet and make a decision on your request to close roads. This may change the timeframe for approving your temporary road closure request. If this becomes necessary, we will inform you directly about any date change for making a decision on your road closure application. Currently, a decision on your road closure application will be made on 27 September 2020
Approval of your temporary road closure application is subject to the Temporary Road Closure Conditions listed below. Please read through these conditions carefully as you must be able to meet all conditions. These requirements are based on the Council’s Temporary Road Closure and Disruption to Traffic Policy and Guidelines. You can read the full policy on our website by following the link below:
http://www.newplymouthnz.com/Council/Council-Documents/Policies/Temporary-Road-Closure- and-Disruption-to-Traffic-Policy-and-Guidelines
If you require any further information or would like to discuss this correspondence and the associated conditions please contact the undersigned on 06-759 6060. We will contact you after 27 September and advise you of the Council’s decision.
Yours faithfully
Rui Leitao TRANSPORTATION MANAGE
cc: Emergency Services Road User Groups Transportation, New Plymouth District Council Traffic Management Solutions
Liardet Street, Private Bag 2025, New Plymouth 4342, New Zealand Phone: 06-759 6060, Fax: 06-759 6072, Email: [email protected] RDTRC1RET, Jun 11 V1
66 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
TEMPORARY ROAD CLOSURE CONDITIONS
When you (the applicant) apply for a temporary road closure, criteria must be met before the road closure can be considered for approval. 5.3
If the road closure is approved, the applicant has certain responsibilities while the road is closed and the associated event takes place. New Plymouth District Council (the Council) will guide you through this process and where indicated below, provide support.
Taranaki Car Club – Waitara Street Sprints
Between now and when a decision is made on the applicant’s request for a temporary road closure ‘; ‘; ‘ Condition When Responsible
‘ A minimum of 42 days before event date The Council Arrange public notice detailing the proposed date and time of road closure (as per your application), event details and the submission period. Before submissions close The Council Advise emergency services, road user groups and interested stakeholders of your application to close roads. Before submissions close The Council Manage any submissions or feedback and communicate details to the applicant and traffic management provider.
Pay all costs associated with the application for temporary road closure, including but not limited to, the application fee, public Before and after the temporary road notice costs and traffic management plan. Estimates of these costs can be viewed on the Council’s Fees and Charges schedule here. closure Applicant Fees may still apply if the application is not approved.
Provide a completed Application for Temporary Road Closure Checklist, which must include: o Traffic Management Plan (TMP) o Health and Safety plan/evidence of risk management, meeting NPDC’s minimum expectations. Applicant o Event details Before submissions close on 26 August o Public Liability Insurance, to a minimum of $1 million 2020 o Applicant’s plan for consulting with affected properties and stakeholders o Evidence of any other Council permits or permissions needed to hold the event
APP-R-457(CHK) V1 May18
67 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Make personal contact with all property occupiers affected by the proposed closure to inform them of your request to Council for a temporary road closure and provide them with the following information: Applicant o Dates, times and locations of all roads requested for closure (as per public notice). Contact with affected properties must be 5.3 o The submission period and how to make a submission (as per public notice). completed before 19 August 2020 which o Communicate the purpose of your road closure application by providing a description of the event and all activity it will is one week before submissions close. A involve (e.g. food vendors, spectators, how access can be managed if requested during the closure, contact name and number record of properties visited must be of a car club representative). provided to the Council immediately o Ensure all affected properties are contacted. If personal contact cannot be made, ensure a letter is left at the property with after this date. a contact name, number and email. o When visiting each property, please record the physical address, business name, person spoken with and the date visited as record of this visits and a copy of information to affected parties must be provided to the Council prior to the closure of submissions.
If the Council gives its consent to the closure and event, the applicant must comply with the following conditions:
‘; ‘; ‘Condition When Responsible
Arrange for an inspection of the road surface and fixtures. The Council can arrange for the applicant to meet the road inspector Before the event The Council ‘on site if this is requested.
Give formal notice of the event to all emergency services. Before event Applicant
Enable emergency vehicles to have unrestricted access at all times. Before and during road closure and Applicant event
Ensure that the approved TMP is strictly adhered to throughout the event. During event Applicant, Traffic Management Contractor The TMP must make adequate provisions for property owners and occupiers, and their invitees, customers or employees, to have Before and during event Applicant, Traffic reasonable access to and from properties on the closed road. For through roads, make adequate provisions for reasonable access Management through the closed section. Contractor
Display signage promoting the upcoming road closures, in high profile areas leading into the temporary road closure area. No sooner than 21 days before the Applicant event
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68 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
Provide affected properties with a reminder letter regarding the planned road closures, and include a contact number for the 7-21 days prior to the prior to the event Applicant event organiser, should affected residents have queries prior to or on the event day including requests for access through the closed area. 5.3 Provide sufficient marshals to support your traffic management provider in managing points where the closed road intersects with Before and during the event Applicant, Traffic any open road and elsewhere, as necessary. All marshals must wear approved high visibility clothing and be briefed by the traffic Management management contractor before the road is closed. Marshalls are not permitted to control traffic. Contractor
During events where there is motorsport activity on the road, you must place tape over any vehicle access to the closed road, to Before and during event Applicant ensure residents are aware of the event. Signage on the tape should provide warning to the effect that: ‘(event details) in progress – please keep off road – for access please contact (Provide mobile phone number(s)).’
Notify all emergency services and the Council in the event that the road closure is no longer needed. If the event is cancelled Applicant
If the event is cancelled after the road closure signs have been set out, the full TMP must remain in place for the approved road Applicant and closure time period, or until the site traffic management supervisor (STMS – the person in charge of the traffic management plan) Traffic can liaise with police to ensure that there would be no risk to vehicular or pedestrian traffic if the event was cancelled and the When necessary Management TMP conditions removed. Contractor
Compliance with the provisions of any other Act or Regulation applicable to the road closure event/activity. Permission to close the road for the event, is granted under and is confined to the provisions of the Transport (Vehicular Traffic Road Closure) Before, during and after the event. Applicant Regulations 1965. This does not release the applicant from compliance with the provisions of any other law applicable to the circumstances of the road closure.
Meet all costs associated with the temporary closure of the road(s) and holding the event, including but not limited to: o The costs to contract a person/company qualified to prepare the TMP and undertake traffic management for the activity, and to hire signs or other traffic control devices (such as VMS boards). Before, during and after the event. Applicant o Meet the reasonable cost of any Council staff required in relation to the event, if this is required.
Manage all activity on the event day and ensure appropriate people are available to respond to any issues on site on the day, in relation to the event. Before and during the event. Applicant
After the event
‘; ‘; Condition When Responsible ‘ Arrange for an inspection of the road surface and fixtures, and communicate the outcome to the applicant. After the event The Council ‘
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69 Waitara Community Board Agenda (18 September 2020) - Decision - Waitara Sprints
All signs and barricades restricting access to the roads, and all temporary structures (e.g. stages, toilets, start/finish lines) relating After the event but before the road Applicant, Traffic to the event, must be removed from the closed road. reopens Management contractor Clear all litter and debris from the road to the satisfaction of the Council. After the event 5.3 Applicant Meet all costs incurred in making good any damage to Council property or any third party property, and all costs incurred by the Council or any third party in making good any such damage, whether reported or not. After the event Applicant
Provide feedback to the Council on the road closure and event. This may involve a debrief meeting at a mutually agreeable time, The Council, with the Council and other stakeholders where required. After the event Applicant
APP-R-457(CHK) V1 May18
70 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
GRANT OF ENCROACHMENT LICENCE - 1 SISSON TERRACE, LEPPERTON
MATTER 6
1. The matter for consideration by the Council is an application from Don Searle to enter into an Encroachment Licence with the Council for the purpose of occupying road reserve adjacent to 1 Sisson Terrace, Lepperton for a garage, stone wall, garden and dwelling extension.
2. The purpose of the Encroachment Licence application is to legitimise the applicant’s occupation of road reserve.
RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council approves the application for an Encroachment Licence from Don Searle subject to:
a) An initial licence term of twenty (20) years.
b) Right of renewal for a further ten (10) years.
c) Payment of an annual Licence fee in accordance with Council’s Fees and Charges and Encroachments on Road Reserve Policy.
d) The recommendation being subject to the licensee meeting all conditions of the Encroachment Licence.
i) Draft of the Encroachment Licence (refer Appendix 1).
ii) Site plan of the proposed Licence Area (refer Appendix 2).
STRATEGY & OPERATIONS RECOMMENDATION
3. The Strategy & Operations Committee endorsed the Recommendation
COMPLIANCE Significance This matter is assessed as being of some importance This report identifies and assesses the following reasonably practicable options for addressing the matter:
1. Recommended: Approve the Encroachment Licence as Options the most practicable option with fees.
2. Not recommended: To not approve the Encroachment Licence.
71 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
COMPLIANCE The persons who are affected by or interested in this matter Affected persons are the applicant and the Council. Recommendation This report recommends option 1 for addressing the matter. 6 Long-Term Plan / Annual Plan No Implications Significant Policy and Plan No Inconsistencies
EXECUTIVE SUMMARY
4. The report recommends the Council approve the request from Don Searle as the applicant to enter into an Encroachment Licence agreement to occupy road reserve.
5. An Encroachment Licence will allow the applicant as property owner to legitimise the applicant to occupy the road reserve totalling 150m².
6. The encroachment area includes part of a house and garage, therefore a licence term of 20 years with a right of renewal for a further 10 years is proposed.
BACKGROUND
7. Council has an Encroachments on Road Reserve Policy for managing Encroachment Licences on road reserve. The proposal includes a permanent structure and therefore it has been determined by Council officers the applicant would need to occupy the space for longer than five years, the maximum under delegations that can be agreed by a Council Officer.
8. In May 2018, Council considered a report which discussed the application by Mr Searle to stop and purchase a four metre strip of road reserve in Sisson Terrace. Officers understood that the motivation for this road stopping was not only to legalise Mr Searle’s occupation of the Road Reserve, but also to benefit Mr Searle’s private subdivision of his property. The report recommended that the application for road stopping and sale be declined. Mr Searle and his surveyor made a deputation at the Council meeting and the Council considered the report requesting that Officers undertake further work to address the concerns raised in the deputation and then report back.
9. After further work in June 2020 a report was considered by Council again recommending that road stopping and sale be declined. Mr Searle and his surveyor made a deputation at the Council meeting. Council considered the report and Council minute’s record the resolution as “That having considered all matters raised in the report the Council declines the application to stop an
72 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
additional 4m strip of legal road reserve (approximately 547m2) and instead negotiate an Encroachment Licence with the applicant.”
10. Further background is available in the Council agenda from 2 June 2020. 6 11. Mr Searle applied for an Encroachment Licence on 8 July 2020. In discussion with the council officer at the time Mr Searle believes that Councillors have agreed he was not required to pay any application fees or an annual fee. In review of the Council meeting video Council officers do not believe this was the case.
12. Plans are underway via an LTP funding item to undertake road works on Sisson Terrace. This work would include constructing a footpath and berm on the east side, therefore providing safe pedestrian access from Manutahi Road to Smith Street, and upgrading the road carriageway to similar to Smith Street. The design would allow for future road upgrades to be carried out by the developer when 1 Sisson Terrace is subdivided which would include footpath and parking bays on the west side of Sisson Terrace. The initial work would deviate slightly from NPDC’s typical road design to accommodate Mr Searle’s encroachment area.
NEXT STEPS
13. If the recommended Option 1 is approved, the next steps will be to complete the licensing process with the applicant following receipt of application fee, associated fees for document and drawing and would require annual payment.
14. If Mr Searle is not willing to sign an Encroachment Licence the encroachment would remain unlicensed and NPDC would undertake action to have the encroachment removed from road reserve.
Council Policy for Licensing of Encroachments on Road Reserve
15. Council adopted P11-004 Encroachments on Road Reserve Policy. A copy of the policy can be found on the Council’s website. The policy supports the provisions of the New Plymouth District Council Bylaw 2008 as the regulatory requirement for Encroachment Licences in New Plymouth District.
16. The Policy provides for principles guiding assessment of encroachments on road reserve. Encroachments on road reserve should:
a) Not significantly obstruct or adversely affect the safe and efficient passage of pedestrians or vehicles.
b) Not deter or inconvenience pedestrians or vehicles from using the adjacent public places.
73 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
c) Not significantly affect access to or use of adjacent businesses and/or properties. Trade competition is excluded from consideration.
d) Not, in terms of occupation and activity, extend beyond the boundaries of the approved licensed area. 6
e) Be of a design and location that complement the existing streetscape and any heritage values of the area.
f) Where possible provide benefit to the public.
g) Be the most appropriate option for the activity.
h) Not contradict any legal requirements and planning considerations.
i) Not interfere with the maintenance or utility carrying needs of the road reserve.
Process for Licensing of Encroachments on Road Reserve
17. Delegations to Council officers allow Encroachment Licences to be granted for a maximum of five (5) years. Approval of a licence term exceeding five (5) years must be made by elected members. Because this proposal includes a structure it has been determined the applicant would need to occupy the space for longer than five (5) years.
18. Advice from the Council’s Legal Services Team has been sought regarding an appropriate licence period, their recommendations being:
”In the absence of an appropriate alternative option, continue with the Encroachment Licensing process requesting a term greater than five (5) years, through Council decision.”
SIGNIFICANCE AND ENGAGEMENT
19. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance as:
There are no affected parties beyond the Council and Applicant.
No community beyond the residential property is affected by this proposal.
Financial or resourcing implications can be absorbed by application fees and annual rental associated to the Encroachment Licence, should the licence be approved.
74 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
OPTIONS
Option 1 Approve Encroachment Licence for a term of 20 years with fees 6 20. This option recommends the approval of an Encroachment Licence for Don Searle for 1 Sisson Terrace, Lepperton. The applicant would be subject to meeting all requirements of the licensing process and complying with all conditions during the licence term. The Encroachment Licence will allow the applicant to keep his garage, stone wall, garden and dwelling extension.
Financial and Resourcing Implications
21. This option provides an on-going financial return to Council, through charging the Licensee an annual rental of $342.83 (GST inclusive) for use of the road reserve defined as the licence area. Annual fees are determined by the existing Schedule of Fees and Charges and reviewed at three yearly intervals following rateable revaluations.
The applicant is responsible for maintenance of the structures, garden, fence and reinstatement of the road reserve should the structures be removed according to the terms of the Encroachment Licence.
Risk Analysis
22. Approval of an Encroachment Licence would authorise the applicant to occupy road reserve. There is no material risk associated to this proposal.
Promotion or Achievement of Community Outcomes
23. Licensing the existing encroachment allows Mr Searle to continue to occupy the land with security that it would not be required in the short term for road works.
24. In the long term the road reserve remains in Council ownership and road works can be undertaken when required. This could be following the development of the site and removal of the encroaching structures.
25. There is no history of complaints in regards to the existing stone fence, garden, garage and dwelling extension.
Statutory Responsibilities
26. The application process and granting of an Encroachment Licence is guided by New Plymouth District Council Public Places Bylaw 2008, section 10 and consistent with the Councils powers under the Local Government Act 1974 Section 357.
75 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
Consistency with Policies and Plans
27. This option is consistent with the New Plymouth District Council Encroachments on Road Reserve Policy. 6 Participation by Maori
28. Council Officers via the Councils Iwi Liaison Team have engaged with Iwi and do not consider there to be specific issues relating to Maori with this option.
Community Views and Preferences
29. NPDC officers have not canvased the community for their views and preferences. It is not usual practice for NPDC to seek community views when applying the encroachments on Road Reserve Policy.
Advantages and Disadvantages
30. The recommended option ensures Council retains future flexibility around decision making over the use of the road reserve adjacent to 1 Sisson Terrace, Lepperton and provides an annual financial return to Council.
31. This option is consistent with the Encroachments on Road Reserve Policy which ensures that the Council is seen to be acting equitably.
Option 2 Not approve the Encroachment Licence This option does not authorise the approval of an Encroachment Licence to occupy road reserve for Don Searle for 1 Sisson Terrace, Lepperton to protect his existing stone fence, garage, dwelling extension and garden.
Financial and Resourcing Implications
32. There are no financial and resourcing implications.
Risk Analysis
33. The applicant would have to remove all existing structures from the road reserve at their own cost.
34. The applicant might take legal action to defend the decision. Council would then incur legal costs to defend the action.
Promotion or Achievement of Community Outcomes
35. The road reserve remains in Council ownership and road works can be undertaken when required.
76 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
Statutory Responsibilities
36. This would be determined by future decision making around the use of the road reserve. 6
Consistency with Policies and Plans
37. This option is not consistent with the New Plymouth District Council Encroachments on Road Reserve Policy.
38. This option is inconsistent with the Council resolution made in the June 2020 Council meeting instructing Council officers to negotiate an encroachment licence with the applicant.
Participation by Maori
39. Council Officers via the Councils Iwi Liaison Team have engaged with Iwi and do not consider there to be specific issues relating to Maori with this option.
Community Views and Preferences
40. NPDC officers have not canvassed the community for their views and preferences. It is not usual practice for NPDC to seek community views when applying the encroachments on Road Reserve Policy.
Advantages and Disadvantages
41. This option prevents the applicant from having authorisation to occupy the road reserve, and he will be asked to remove all structures from within the road reserve.
Recommended Option This report recommends option number one (1) Approve Encroachment Licence for a twenty year term with fees.
APPENDICES
Appendix 1 Draft Encroachment Licence between New Plymouth District Council and Mr Don Searle (ECM 8325997).
Appendix 2 Site plan of Encroachment area (ECM 8325953).
77 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
Report Details Prepared By: Michelle Wiltshire (Network Access Officer) Team: Transportation Approved By: Rui Leitao (Manager Transportation) 6 Ward/Community: North Ward/Waitara Community Date: 11 August 2020 File Reference: ECM 8344374 ------End of Report ------
78 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
Drafting note: This licence is to be used only for encroachments on road reserve where the encroachment area is immediately adjacent to the licensee’s premises. Where a further right to renew for an additional term is to be provided for, please note that additional wording/clauses will need to be inserted – please contact the Legal 6.1 Services Team. This licence must not be used for encroachments in relation to the airspace or subsoil of a road, or where the Council requires an encumbrance to be registered against the licensee’s title (e.g. for encroachments of a permanent/semi-permanent nature) – for such licences please check with the Property Assets Team. A licence to occupy must be used for encroachments where the encroachment area is not immediately adjacent to the licensee’s premises (see NPDC Bylaw 2008, Part 5 – Public Places). For any queries, please contact the Legal Services Team]
N.B: All drafting notes and square brackets must be removed before the licence is finalised.
ENCROACHMENT LICENCE
BETWEEN
NEW PLYMOUTH DISTRICT COUNCIL
and
DONALD TREVOR SEARLE
of
1 SISSON TERRACE, LEPPERTON, NEW PLYMOUTH
ENC20/00237
KL-129831-908-10-V2
79 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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TABLE OF CONTENTS
PARTIES ...... 3 6.1 BACKGROUND ...... 3
GENERAL PROVISIONS ...... 3
1. INTERPRETATION ...... 3
2. TERM ...... 4
3. LICENCE ...... 4
4. LICENCE FEE – NPDC ROADING AND ASSOCIATED FEES ...... 4
5. PAYMENTS ...... 4
6. LICENSEE’S OBLIGATIONS ...... 5
7. INDEMNITY AND LIABILITY ...... 6
8. TERMINATION ...... 6
9. PROPERTY AND IMPROVEMENTS ON TERMINATION ...... 6
10. DISPUTE RESOLUTION ...... 6
11. GENERAL ...... 7
12. SCHEDULE 2 ...... 9
13. SCHEDULE 3 ...... 10
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80 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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This Encroachment Licence dated this day of 20
PARTIES
1. NEW PLYMOUTH DISTRICT COUNCIL, a body corporate constituted under the Local Government Act 6.1 2002 (“Council”)
2. DONALD TREVOR SEARLE of 1 SISSON TERRACE, LEPPERTON, NEW PLYMOUTH (“Licensee”)
BACKGROUND
A. The Licensee is the owner of the Licensee’s Land which is adjacent to the Licence Area.
B. The Licence Area is road reserve administered by the Council.
C. The Council requires the Licensee to enter into an encroachment licence to occupy the Licence Area for the purpose of stone fence, garden, garage and dwelling extension.
D. At the request of the Licensee, the Council has, in accordance with the Council’s policies on encroachment on road reserve, agreed to grant an encroachment licence (“the Licence”), to occupy the Licence Area on the terms set out in this Licence, including the Schedules.
GENERAL PROVISIONS
INTERPRETATION
In this Licence unless the context indicates otherwise:
1.1 Definitions:
“Commencement Date” means the commencement date specified in Schedule 1;
“Default Interest Rate” means the default interest rate specified in Schedule 1;
“Expiry Date” means the expiry date specified in Schedule 1;
“GST” means tax levied under the Goods and Services Tax Act 1985 and includes any tax levied in substitution for that tax;
“Improvements” means any improvements made by the Licensee to the Licence Area;
“Licence Area” means that area described in Schedule 1;
“Licence Fee” means the licence fee specified in Schedule 1;
“Licensee’s Land” means the land owned by the Licensee as described in Schedule 2;
“Permitted Use” means the permitted use specified in Schedule 1;
“Property” means the personal property of the Licensee placed on the Licence Area at any time;
“Special Terms” means the special terms set out in Schedule 1; and
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81 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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“Term” means the term of this Licence specified in Schedule 1 commencing on the Commencement Date and terminating on the Expiry Date.
[“Stormwater” means water run-off as a result of a rain event.] 6.1 1.2 Defined Words and Expressions: words and expressions defined in this Licence have the defined meaning in the whole of this Licence, including the Background and the Schedules.
TERM
2.1 The Term will commence on the Commencement Date and will end at 5.00pm on the Expiry Date, unless terminated sooner in accordance with this Licence.
2.2 For the avoidance of doubt, the Council is not obliged to grant the Licensee a further term after the Expiry Date.
LICENCE
3.1 The Council grants to the Licensee, and the Licensee accepts, the right to occupy the Licence Area for the purpose of the Permitted Use on the terms set out in this Licence.
3.2 The Licensee acknowledges that:
(a) the grant of this Licence does not create a lease or any interest in the Licence Area or otherwise confer on the Licensee any rights of exclusive possession of the Licence Area, except as set out in the Licence; and
(b) the Council will retain control and management of the Licence Area, subject only to the extent of the express provisions of this Licence.
3.3 This Licence is personal to the Licensee and is not transferable. If the Licensee transfers the Licensee’s Land to a third party, the Licensee will notify any third party (that wishes to occupy the Licence Area) of the requirement to apply to the Council for a new licence. The Licensee remains liable for the obligations under this Licence until terminated or a new Licence is entered into in respect of the Licence Area.
LICENCE FEE – NPDC ROADING AND ASSOCIATED FEES
4.1 The Licensee must pay to the Council the Licence Fee annually in advance with a first such payment due on the Commencement Date, without making any deduction from it or set off against it.
4.2 The Council may increase the Licence Fee, in accordance with the fees and charges (roading and associated fees) set by the Council from time to time, upon giving the Licensee not less than one (1) month’s written notice. The increased Licence Fee will be effective from the date set out in the notice. However, the Licence fee will not be increased more than once within a 12 month period.
4.3 If any moneys payable under this Licence remain unpaid for 7 days after the due date for payment, the Licensee will pay interest to the Council on any such amount at the Default Interest Rate calculated daily, and compounded monthly, from the due date for payment until the date of payment.
PAYMENTS
5.1 In addition to payment of the GST, the Licensee will pay any additional GST the Council may be required to pay as a result of the Licensee’s failure to pay when required.
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5.2 If there is any dispute about any amount owing under this Licence, the Licensee will pay the undisputed amount by the due date for payment. Any disputes will be dealt with through the dispute resolution provisions in clause10.
LICENSEE’S OBLIGATIONS 6.1 The Licensee will:
6.1 comply with all applicable statutes, bylaws, policies, regulations, rules and requisitions and district and regional plan rules in relation to the use of the Licence Area;
6.2 obtain and maintain all permits and consents necessary for the making of any (permitted) Improvements and/or the carrying out of the Permitted Use;
6.3 keep the Licence Area in good repair and in a tidy condition and free from all rubbish and weeds to the reasonable satisfaction of the Council;
6.4 on request, attend an annual inspection of the Licence Area with an authorised Council officer, in order to monitor and discuss the Council’s satisfaction with the performance of the Licensee’s obligations under this Licence;
6.5 permit any persons authorised by the Council, to enter upon the Licence Area at all reasonable times, (and immediately in the case of an emergency), for the purpose of, undertaking works, inspection and/or all other reasonable purposes;
6.6 comply with all reasonable instructions or requests from the Council in respect of the Licence Area and conduct themselves in a professional and appropriate manner to the satisfaction of the Council’s Manager Transportation.
The Licensee will not:
6.7 use the Licence Area for any purpose other than the Permitted Use without the prior written consent of the Council;
6.8 use the Licence Area, or permit the Licence Area to be used, for any activity that is, or that may become, in the opinion of the Council, dangerous, offensive, noxious, noisy, illegal or immoral, or a nuisance or annoyance to the Council or to the owner or occupier of any neighbouring property;
6.9 place, leave, erect, construct, maintain or permit to be placed, left, erected, constructed or maintained on the Licence Area, any material or thing, whether mobile or immobile that the Council considers is likely to:
(a) constitute a danger to people; or
(b) obstruct access to adjoining properties;
6.10 interfere with, or permit persons using the Licence Area to interfere with the free passage of pedestrians/other road users on the road reserve adjacent to the Licence Area;
6.11 interfere with the maintenance of utility carrying needs of the Licence Area;
6.12 make any improvements or otherwise do anything to the Licence Area without first obtaining the prior written consent of the Council;
6.13 extend its occupation or activities beyond the Licence Area.
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INDEMNITY AND LIABILITY
7.1 The Licensee indemnifies the Council in respect of any claims, loss, damage or expense suffered or incurred by the Council of whatsoever nature arising directly or indirectly from the Licensee’s use of the Licence Area. 6.1 7.2 Without limiting clause 7.1, the Licensee will be liable for any damage caused to the footpath or road in the vicinity of the Licence Area or any of the Council’s property as a result of the Licensee’s use of the Licence Area; any such damage will be remedied by the Council at the cost of the Licensee, payable to the Council on demand.
7.3 The Licensee agrees to use the Licence Area entirely at its own risk and the Council will not be liable for any damage occurring to the Licensee’s Land, Property or Improvements arising from theft, fire, vandalism, natural causes or otherwise.
TERMINATION
8.1 The Licensee may terminate this Licence on giving one (1) month’s notice in writing to the Council.
8.2 The Council may, by the giving of written notice to the Licensee in accordance with the relevant provisions of the Property Law Act 2007, terminate this Licence if:
(a) the Licence Fee has been in arrears for more than 10 working days; or
(b) the Licensee breaches any other term of this Licence.
8.3 Termination of this Licence does not affect the rights or liabilities of the parties that have accrued prior to termination (including, without limitation, the liability to pay the Licence Fee).
8.4 No compensation will be payable by the Council to the Licensee on the termination of this Licence.
PROPERTY AND IMPROVEMENTS ON TERMINATION
9.1 At the Expiry Date, or earlier termination, of this Licence, the Licensee must immediately, if required by the Council, remove all Property and any Improvements from the Licence Area and reinstate the area. Any damage to the Licence Area caused by the removal of the Property and Improvements will be remedied by the Council at the cost of the Licensee, payable to the Council on demand.
9.2 If the Licensee fails to comply with clause9.1, the Council may remove the Licensee’s Property and any Improvements from the Licence Area and repair any damage caused by that removal. In that case the Licensee must pay to the Council, on demand, all costs incurred by the Council in doing so.
DISPUTE RESOLUTION
10.1 If any dispute arises between the parties relating to this Licence, unless agreed otherwise, the parties will attempt to resolve the dispute by informal dispute resolution techniques for at least 21 days from the day that a party receives written notice of the dispute from the other party. This clause does not prevent the parties from otherwise exercising their rights under this Licence.
10.2 If the parties are unable to resolve the dispute under clause 10.1, then either party may by written notice to the other refer the dispute for resolution in accordance with this clause.
10.3 The dispute shall first be referred to a mediator. If the parties are unable within 14 days of receipt of the notice of referral to agree upon a mediator then each party may request the President for the time being of the New Zealand Law Society to appoint one for them.
KL-129831-908-10-V2
84 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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10.4 Following the appointment of a mediator, the parties shall continue to attempt to resolve the dispute with the mediator’s assistance. Each party shall pay one half share (or any agreed proportion) of the mediator’s costs and disbursements. If after 21 days no agreement has been reached then either party may thereafter by written notice refer the dispute to Arbitration. 6.1 10.5 The Arbitration shall be carried out in accordance with the provisions of the Arbitration Act 1996.
GENERAL
11.1 Council as land administering body: The Licensee acknowledges that this Licence is entered into by the Council in its non-regulatory capacity. The Council will not be liable to the Licensee or any other party if, in its regulatory capacity, the Council declines or imposes conditions on any consent or permission that the Licensee or any other party seeks for any purposes associated with this Licence.
11.2 Amendment: No amendment to this Licence will be effective unless it is in writing and signed by both parties.
11.3 Survival: Any provision of this Licence which expressly or by implication is intended to come into or remain in force on or after termination will continue in full force and effect notwithstanding any such termination.
11.4 Costs: The Licensee will pay all legal costs incidental to the preparation, and/or variation of this Licence and all legal costs incidental to the enforcement or attempted enforcement of the Council’s rights and powers under this Licence.
11.5 Notices: Any notice required or authorised to be delivered under this Licence may be delivered in any manner mentioned in Part 7 of the Property Law Act 2007 to the contact details specified in Schedule 1.
SIGNED on behalf of NEW PLYMOUTH DISTRICT COUNCIL by: RUI LEITAO, TRANSPORTATION MANAGER
______under delegated authority
SIGNED by DONALD TREVOR SEARLE as Licensee
______
KL-129831-908-10-V2
85 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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SCHEDULE 1
REFERENCE SCHEDULE
LICENCE AREA That part of Sisson Terrace, Lepperton adjacent to 1 Sisson Terrace, 6.1 Lepperton, New Plymouth, as described in Schedule 2 and as shown on the Plan attached to Schedule 3.
COMMENCEMENT DATE: day of 20
EXPIRY DATE: day of 20
LICENCE FEE: $1.00 per annum (plus GST)
Westpac New Zealand Limited’s floating interest rate for businesses DEFAULT INTEREST RATE: plus [5%] calculated daily and compounded monthly.
PERMITTED USE: Stone fence, garden, garage and dwelling extension
SPECIAL TERMS: 1. The Licensee will have the exclusive use of the Licence Area.
2. The Licensee will ensure that hedges and plants and are not planted or permitted to become established along any fence line within the Licence Area and that the area is kept weed free.
3. Any fence erected within the Licence Area must be erected on a line approved by the Council or its approved agent.
4. The Licensee is responsible for the ongoing maintenance costs of Improvements on the Licence Area.
5. [Drafting Note: Insert other special terms here that are specific to the Licence]
6. The Licensee must make adequate provision for Stormwater coming from the Licence Area, to the satisfaction of the Council, to ensure that it will not adversely impact on any adjoining or other properties. 7. Any reticulation within the Licenced area is the Licensee responsibility for maintenance. COUNCIL’S CONTACT DETAILS: Civic Centre, Liardet Street, New Plymouth 4342
LICENSEE’S CONTACT DETAILS:
KL-129831-908-10-V2
86 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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SCHEDULE 2
AREA and FEES
6.1 Licence No: ENC20/00237 Licensee: Donald Trevor Searle Physical location of Licensee’s Land: 1 Sisson Terrace, Lepperton, New Plymouth Property ID: 109586 Legal Description: SEC96 BLK VII PARITUTU SD
Record of Title:
Details of Encroachment Area and Stone fence, garden, garage and dwelling extension calculation of Licence Fee:
KL-129831-908-10-V2
87 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
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SCHEDULE 3
6.1
PLAN
KL-129831-908-10-V2
88 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
When replying please quote: - ENC20/00237 Property ID: 109586 6.1
16 July 2020
Donald Trevor SEARLE No associations of Trading Name are linked to this application 1 Sisson Terrace RD 3 NEW PLYMOUTH 4373
Dear Sir/Madam
LICENCE TO OCCUPY ROAD RESERVE
We refer to your request to Garage, fence and dwelling addition on Road Reserve at 1 Sisson Terrace LEPPERTON, NEW PLYMOUTH 4373.
Please find enclosed two copies of this licence which require your signature.
When each copy has been signed in the appropriate places and each page initialled, please return both copies to the Council.
When the signing process is complete we will forward a copy of the licence to you for your records.
Yours faithfully
Michelle Morresey <
KL-129831-908-10-V2
89 Waitara Community Board Agenda (18 September 2020) - Recommendation - Encroachment Licence - 1 Sisson Terrace, Lepperton
KEY LEGEND EXISTING NOTES: 1. SERVICES ARE DIGITALLY OVER LAID ONLY BOUNDARY LINE AND MAY NOT BE ACCURATELY LOCATED. EXISTING BUILDING 2. ONLY SERVICES VISIBLE FROM GOOGLE EDGE OF SEAL STREET VIEW AND NPDC GIS SYSTEM ARE W SHOW. DRIVEWAY WATER N STORMWATER SW
POWER POLE PP
MAIL BOX
MANHOLE SW
W 6.2 W
SISSON TERRACE W W
W W W W W W W W W W W W W W W W W W W W W W W W W W W W PP
W SW
SW SW SW SW SW SW W
ENCROACHMENT
AREA = 150m² 6.00 m
W W
25.00 m
A ENCROACHMENT DRAWING K.A T.W 07/20 W REV. REVISION BY CHK APPD DATE
CONSULTANT: 1 SISSON TERRACE, LEPPERTON SECTION 96 BLK VII PARITUTU SD DO NOT SCALE OFF DRAWING NPDC PROPERTY ID 109586
CONSULTANT JOB No. BY DATE 5-NPDC4.GY FIELDWORK K.A 07/20 CO-ORDINATE SYSTEM: DESIGN N/A DRAWN K.A 07/20 DATUM: DSG VERIFIER N/A DWG CHECK T.W 07/20 ORIGINAL SCALE (A1) APPROVED BY: 1:50 REDUCED SCALE (A3) DATE: 1:100
LOCATION / PROJECT: 1 SISSON TERRACE LEPPERTON PLAN SCALE: 1:100 @ A1 / 1:200 @ A3
DRAWING TITLE: ENCROACHMENT APPLICATION ENC20 / 00237
CLIENT: REVIEWED BY: - DATE: - APPROVED BY: CONTRACT No. - M.MORRESEY PROJECT No. - DATE: 20/07/2020
DISCIPLINE: CIVIL
NPDC DRAWING No. CONSULTANT DRAWING No. REV. - A
DO NOT SCALE OFF DRAWING
90 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
INFRASTRUCTURE TERM SERVICES CONTRACT – YEAR 1
PURPOSE
1. The purpose of this report is to inform Council of the performance of the Infrastructure Term Service Contract on the first year of delivery. 7
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
STRATEGY & OPERATIONS RECOMMENDATION
2. The Strategy & Operations Committee endorsed the recommendation.
SIGNIFICANCE AND ENGAGEMENT
3. This report is provided for information purposes only, and has been assessed as being of some importance.
EXECUTIVE SUMMARY
4. This report provides Council with an overview of the performance of the Infrastructure Term Maintenance Contract and highlights the key benefits realised to date at the end of its first year of operation.
5. The infrastructure term maintenance contract, awarded to Downer NZ, is the largest single contract Council has ever let with a total value over the 10 year long term of $156m.
6. In its first year a total value of $17.22m of work was completed using the infrastructure Term Service Contract. By aggregating works that, previously had been tendered as separate contracts into a single contract large contract as well as the use of the NEC4 Target Price form of contract, it is estimated that approximately $705k of cashable efficiency savings have been made.
7. A number of environmental and health and safety benefits have been realised by switching to bitumen emulsion for road resealing operations. In total, it is estimated that emulsions have reduced Council’s CO2 by over 500 tonnes.
8. The relatively long 10 year term of the contract and its larger scale has provided a platform for Downer to invest with certainty into the region. This is best illustrated by Downer’s investment in modern equipment, such as the Secmair chip spreading trucks and the construction of a regional bitumen emulsion import facility at Port Taranaki.
91 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
9. Local sub-contractors have partnered with Downer and, during the first year of the contract, supported the delivery of approximately 40% of the contract turnover. In a post COVID-19 lockdown economy, this support for local employment is a critical measure of success.
BACKGROUND 7 10. In early 2019 Council signed the Infrastructure Term Services Contract with Downer NZ. This contract is monetarily ($156m over 10 years) the largest singular contract let by Council.
11. This contract also marked the culmination of over two years of work to transition the majority of Council infrastructure contracts onto the NEC4 suit of standards forms of contract, largely replacing the previously wides spread use of NZS3910:2013.
12. The Infrastructure Term Service Contract is the first of its kind in New Zealand, and was the outcome of substantial engagement with the contracting market as well as a Section 17A Service Delivery Review.
13. As an outcome of the new delivery model a number of benefits were expected to be achieved. These are summarised as follows:
Cost efficiency savings of $3.5m over the life of the contract
Improvements in the management of key Health & Safety Risks
Environmental benefits from the use of Bitumen Emulsion
Social and economic benefits associates with workforce development and consequential investment in the Taranaki region
14. In addition to routine road maintenance activities, the scope of Infrastructure Term Services Contract includes the following activities that previously would have been separately contracted out:
Road resealing and rehabilitation
Bridge maintenance & renewals
CBD street cleaning
Parks vegetation control
Drinking water and wastewater reticulation renewals
Let’s Go Cycling and walking improvement projects
92 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
BENEFITS REALISATION
15. The following section summarises and explains the actual benefits that have been realised during the first year of the new Infrastructure Term Services Contract. 7 NEC4 Target Price Contract
16. The Infrastructure Term Service Contract uses the NEC4 standard form of contract to drive efficiency and encourages a collaborative approach in order to:
Reduce duplication of effort and overheads
Optimise the use of (labour and equipment) resources
Facilitate knowledge sharing
Speed up communication/actions
Create a single team approach with a focus on customer outcomes
17. In order to better facilitate the collaboration between the Council and Downer teams, the majority of the Council’s transportation personnel have been relocated so that they work alongside the Downer personnel at the Downer depot on Rifle Range Rd.
18. In addition to the physical co-location, the NEC4 contract provides financial incentives for the two parties to work together to find efficiency gains. This is achieved through what is known as the “Pain/Gain” mechanism which is explained in the following paragraphs.
19. The contract schedule of prices submitted by the contractor at the time of tender are used as “Target Prices” for any work undertaken. The contractor is not paid these rates, but is instead reimbursed for all of the costs incurred to deliver the work plus a fixed percentage to cover overheads and profit.
20. Once the work is complete, the actual cost of delivery is compared to the Target Price. If the work has been delivered efficiently for a lower cost that the Target Price there is a “gain” (the difference between the two sums). However, if the works cost more to deliver then the difference is described as “pain”.
93 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
21. The Pain/Gain are shared 50/50 between the Council and contractor. The intention is to provide a financial incentive that drives continuous efficiency improvements with the Council effectively receiving a discount on the tendered prices whilst the contractor is rewarded for any innovation or efficiency initiatives the implement.
22. For the Infrastructure Term Maintenance Contract, the share of Pain/Gain is 7 calculated at the end of each financial year. At the end of the first year of the contract, total Target Price for all works completed was $18.15m and the actual cost to deliver the work was $16.8m resulting in a Gain of $420k that is shared 50/50 with Downer.
23. It is important to note that under previous contract models where the contractor is paid based on the tendered schedule of prices, any efficiency gains are exclusively the contractors to keep. The NEC Pain/Gain mechanism has effectively allowed the Council to claim a $210k discount on the contractor’s prices.
Procurement Efficiencies
24. One of the benefits identified during the Section 17A Service Delivery review was the opportunity to reduce the administrative cost of drafting contracts and tendering infrastructure projects. By bundling projects and maintenance programmes together into a single, 10 yearlong contract, the Council would have to write fewer contracts meaning expenditure of legal and professional services fees would reduce.
25. In total it was forecast that aggregating works into a single contract would save approximately $3.5m over the 10 years of the contract. This has been achieved by combining a total of 14 maintenance contracts into a single contract along with the following projects that were delivered through the Infrastructure Term Services Contract in its first year:
7 pavement reconstructions projects
2 bridge repair projects
A package of minor structures repairs
A package of parks bridge repairs
5 packages of water main renewals
94 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
8 packages of sewer renewals
Marfell Storm water project
Marfell earthworks and road construction project
Plastic asphalt road surfacing trial 7
26. In total, it is estimated that bundling these works together avoided approximately $830k of legal and professional services costs. After accounting for the $355k cost to draft and tender the Term Services Contract, there has been a net saving of approximately $495k in the first year, which is substantially greater than the original forecast of a $295k net saving during year one.
27. Because these savings are associated with capital works they will result in lower debt levels where individual improvement projects are delivered below the set budget or, in the case of renewals work which are funded from reserves, they have been reinvested into the assets, allowing a large quantum of work to be completed for the same cost.
Workforce Development
28. One of the key focuses of the Term Services Contract was to drive long term investment into the construction sector workforce. This is one of the four broader outcomes the Ministry of Business, Innovation and Employment (MBIE) included in the latest edition of the Government Procurement Rules.
29. The Broader Outcome specifically requires government agencies to consider how they can use procurement to partner more effectively with the construction sector to grow the size and skills of New Zealand’s construction workforce.
30. One feature of the Term Maintenance Contract that was aimed at supporting this outcome was the 10 year long term. This was intended to provide long term certainty and stability for the main contractor and sub-contractors. This would allow them to make long term investments in training and developing their workforces with confidence.
31. During the first year of the contract Downer has started to implement their workforce development plan. Some of the achievements to date are summarised below:
Created employment for 60 new staff members
Delivered a COVID “shovel ready” project funded by MBIE creating a further 3 full time jobs for local people who lost their jobs because of COVID
95 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
Downer have been a proactive member of the Talent Pipeline Partnership, taking a leading role, engaging with Secondary schools across the district and promoting careers in the construction sector to school career advisors and school students.
Created 3 Gateway placements for secondary school students so that they can gain work experience in the construction sector as part of their 7 National Certificate of Education Achievement (NCEA)
Delivered a targeted driving license training programme for more than 40 workers to advance them from Class 1 licences to Class 2 to 5 licences.
Taken on 3 Engineering Cadets and commenced a career development training programme to help them advance towards their professional certification (chartered engineer status)
3 staff members have completed Downer’s (award winning) Maori Leadership Programme, Ta Ara Whaneke.
10 staff members have completed Downer’s Inspiring Leadership programme. This succession planning programme provides foundation leadership training to workers that have the potential to progress into management roles.
Project managers have been on the official NEC Contract Management training programme. These staff, along with some Council project managers have become the first people to become certified NEC Project Managers in New Zealand.
Downer have provided specialist technical training to local contractors so that they have the skills to use bitumen emulsions. Not only does this allow local contractors to work as sub-contractors on the Term Maintenance Contract, it also opens up broader opportunities – e.g. for local contractors to work for the NZTA on state high projects.
Downer have started to develop a skills development programme particularly focused on concrete works and water reticulation work, which is both areas with a significant skills shortage. Going into the second year of the contract, Downer will continue to recruit and train local people as they expand their teams undertaking these types of work.
Environmental Benefits
32. One of the innovations Downer has brought to the Term Services Contract is the use of bitumen emulsions as a replacement to traditional hot cut-back bitumen used for resealing road pavements. The infographic in Figure 1 illustrates the typical Carbon Dioxide Emissions of each product.
96 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
7
33. During the first year of the contract, the Council use a total of 723 tonnes of emulsion to reseal the district’s roads. It should be noted that this is approximately 20% lower than has been typically used in previous years due to the COVID-19 lockdown interrupting the sealing programme.
97 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
34. Based on the above figures, continuing with the status quo of using hot cutback bitumen would have resulted in approximately 1027 tonnes of CO2 emissions. Switching to bitumen emulsion reduced this to 523 tonnes, a saving of 504 tonnes of CO2.
35. Another environmental benefit delivered through the Infrastructure Term Maintenance Contract was the Plastic asphalt road resurfacing trial carried out 7 at the beginning of the contract. Due to the long term, partnership approach that the contract facilitates, the Council has been able to work collaboratively with both Downer and Envirowaste (the Council’s kerbside refuse and recycling collection contractor) to develop the asphalt product “Plasmix” that uses plastics from the Council’s kerbside recycling collections. Photograph 1 below shows the Plasmix trial being laid on Liardet Street.
Photo 1
98 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
36. Another environmental benefit of the Term Services Contract is the facility Downer has established for recycling asphalt, concrete and other aggregates. Photo 2 shows the processing facility were recycled material is screened before it gets a second life as aggregate that is used in rural road maintenance.
7
Photo 2
Health & Safety Risk Management
37. In addition to the environmental benefits, the switch to bitumen emulsions has improved worker health and safety by eliminating several critical risks. Traditional cutback bitumen needs to be heated to approximately 1700C so that it can be sprayed. Emulsions on the other hand can be spayed at much lower temperatures, typically only about 800C. This lower temperature greatly reducing the risk of workers being burned by hot materials.
38. Furthermore, traditional bitumen is often “cutback” with kerosene in order to reduce viscosity and improve spray flows. Being highly volatile, heating the kerosene/bitumen mix to high temperatures is risky. Historically, there have been a number of incidents across New Zealand involving bitumen spray trucks catching fire and in some cases exploding. Because bitumen emulsions use water and non-volatile emulsifying agents to improve spray flows, their use completely eliminates these risks.
99 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
39. One of the goals of the Term Maintenance Contract was to provide a 10 year long contract that would in term provide certainty for the contractor so that they could invest with confidence in safer, modern equipment. One area specifically targeted was the trucks used to spread stone chip during road resealing operations.
40. Historically, stone chip has been spread from a bar at the rear of a reversing 7 truck. Trucks with large bind spots reversing surrounded by multiple workers on foot is a highly hazardous operation with the risk of workers being run over by the trucks. With the 10 year Term Service Contract to support them, Downer NZ has invested in modern Secmair combi-trucks, shown in photo 3, which can spray bitumen at the same time as spreading stone chip whilst travelling in forward gear. Use of these trucks on the New Plymouth road resealing programme has all but eliminated the risk associated with reversing trucks.
Photo 3
100 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
Local Economic Benefits
41. In addition to investment in modern equipment, the 10 year term of the Term Services Contract was a key enabler to Downer investing in the Taranaki region. Because of the Council’s commitment to use bitumen emulsions, Downer NZ has constructed an emulsion processing facility at Port Taranaki, as shown in photo 4. 7
Photo 4
42. This facility allows Downer to import bitumen directly into New Plymouth instead of trucking it across the country from the port at Tauranga where it has previously been imported. This new emulsion facility has created additional jobs and contributes to the Taranaki region’s GDP as it is now used to supply bitumen emulsions to the lower North Island.
101 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
43. Another aspect of the Term Maintenance Contract was a requirement for the successful contractor to support local small and medium sized enterprises (SMEs). In support of this, Downer has sub-contracted approximately 40% (by monetary value) to local contractors.
44. Downer’s commitment to supporting local SMEs extends beyond simply providing access to a certain volume of work. In addition, Downer has shared 7 its technical and business management expertise with local contractors. For example:
Training Taranaki Civil Construction Ltd teams how to spray bitumen emulsions so that they can deliver pave repair works. Not only does this technical skill and experience allow Taranaki Civil to undertake works for NPDC, it also opens up opportunities for them to work for other clients such as the NZTA
Sharing financial accounting practices with several of the local SMEs so that they have the ability to properly account for actual costs required by the NEC4 form of contract. This will allow these contractors to move onto back-to-back contractual terms and have the opportunity to share in the Pain/Gain mechanism instead of being locked into fixed price lump sums.
Workforce Development
45. Since the commencement of the Term Maintenance Contract, the local Downer branch has a committed workforce of 62 Full time equivalent (FTE) staff members. Each FTE is a New Plymouth district resident that has secure employment for the 10 year term of the contract. This does not account for Supply Partners, which make up 40% of the value spent locally.
46. In addition, Downer has assisted the Council deliver the road safety improvement on Egmont Road, this project was fully funded by MBIE from the Provincial Growth Fund (PGF) as part of the “shovel ready” economic response to COVID-19. One of the requirement of receiving this funding was that at least 3 new FTE positions had to be created.
47. Downer has also been an active member of the Infrastructure Talent Pipeline Partnership; a civil construction skills and capacity building initiative Coordinated by the Council. Through this partnership programme Downer has created Gateway work experience placements for secondary school students from within New Plymouth District. Downer has also provided support to the workplace literacy and numeracy programme run by the Talent Pipeline Partnership with several of their staff attending the training.
102 Waitara Community Board Agenda (18 September 2020) - Recommendation - Road Maintenance Contract - Year 1 Progress Report
NEXT STEPS
48. The combined Council and Downer team will build on the performance and experiences of the first year of the contract so that efficiency gains and service delivery performance is sustained and improved upon.
FINANCIAL AND RESOURCING IMPLICATIONS 7
49. There are no financial or resourcing implications associated with this report. All activity detailed is funded from existing approved budgets.
IMPLICATIONS ASSESSMENT
50. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; Council staff have considered how the matter will promote the social, economic, environmental, and cultural well-being of communities in the present and the future. Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies; and No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.
Report Details Prepared By: Rui Leitao (Manager Transportation) Team: Infrastructure Approved By: David Langford (Group Manager Infrastructure & Assets) Ward/Community: District Wide Date: 11 August 2020 File Reference: ECM 8349976
------End of Report ------
103 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
THREE WATERS NETWORK MAINTENANCE SERVICE REVIEW & TERM EXTENSION
MATTER
1. The matter for consideration by the Council is a variation to contract to extend the existing Three Waters Network Maintenance contract with City Care Ltd by an additional term of three years. The variation follows a s17A Review under the 8 Local Government Act 2002.
RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report Council notes the variation of contract to extend the term of the of the existing Three Waters Network Maintenance contract for three years which may include removing or adding activities to the scope of the contract.
STRATEGY & OPERATONS COMMITTEE RECOMMENDATION 2. The Strategy & Operations Committee endorsed the recommendation.
DISCUSSION
3. Council has a maintenance contract to operate and maintain its three waters network (the pipes, valves etc.) which form part of the drinking water, wastewater and stormwater reticulation network. This contract includes the operation of 32 sewer pump stations. This contract has an annual contract value of $4 million and consists of three, three year terms (making a total contract term of nine years). It is currently with City Care Ltd and is due to expire on 30 June 2021.
4. Ordinarily this contract would be retendered for another nine or ten years. However due to the following events it is considered prudent to delay the retender of this contract for a further period of three years. These events are:
a) A review of the delivery of the activities included in this contract has identified that it would be more cost effective to bring some the activities included in this contract in house;
b) The economic uncertainty created by the Covid-19 outbreak and central government and Councils have a desire to wherever possible provide business and employment certainty during this period;
c) Recent progress by the Government’s three waters reform indicates that there is a high likelihood that within the early period of any retendered contract there is a high possibility of disruption to the current method of three waters service delivery including the possibility that these could be
104 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
amalgamated with other water service providers under a new publically owned entity.
Review of Method of Delivery of Service
5. Under Section 17A Delivery of services of the Local Government Act 2002, Council must review how it delivers the services covered by this contract (good quality local infrastructure) to ensure it is cost-effective and meets the needs of its communities. Council officers have undertaken such a review and the conclusions 8 are summarised below.
6. The Network Maintenance Contract (currently Contract 12/PM01) is due to expire on 30 June 2021. 15 activities within the contract (Appendix 1) were evaluated to determine whether they should continue to be contracted out or be brought back in-house once the contract ends.
7. A review of how to deliver the tasks covered by the Network Maintenance contract was undertaken by Council officers. Without making changes to the services delivered (i.e. not making any level of service changes) two viable options for delivering the services were considered: continue with the status quo of delivery via outsourcing to a contractor or bring some or all of the activities in house.
8. The review consisted of an initial high level review of the feasibility of bringing the various tasks in house based upon the number of staff and the impact of organisational structure and accommodation (i.e. the scale of reorganisation that maybe required to accommodate the new staff), the investment in plant and equipment (some of this is highly specialist and expensive and it may not be adequately utilised if brought in house) and the impact this would have on the overall viability of the remaining network activities (i.e. would there be a suitable critical mass for a contract).
9. Following this initial review a cost comparison between the current contract and the estimated cost of bringing the activities in house was undertaken.
10. The following table summarises the cost benefit of those activities considered feasible to bring in house:
No. Item Savings / (cost) 3,4,5,6,7,8 Backflow testing, meter reading, restrictor inspection, water trunk main and pipe bridge inspection, flow and pressure audit (3 FTE) $72,900 10 CCTV ($205,000) 11,12 Sewer trunk main and pipe bridge inspection (1 FTE) ($36,300) 14 Sewer pump station Operation and Maintenance (3 FTE) $156,300
105 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
11. Due to the high cost and high level of expertise needed for the CCTV inspection it is not worth bringing this in-house.
12. It is apparent that it would be more cost effective to deliver the following activities in house: Backflow testing; meter reading; restrictor inspection; water trunk main and pipe bridge inspection; flow and pressure audit; sewer pump station operation and maintenance. The total cost saving would be $229,200 per year.
13. CCTV and sewer trunk main and pipe bridge inspection are not cost effective. 8 However it may be worth considering bringing in house the sewer trunk main and pipe bridge inspection activities as these are associated with maintaining good oversight of Council’s critical assets. If this was brought in house the total cost saving across the activities would be $192,900 per year.
Three Waters’ Reform
14. On the basis of the Havelock North campylobacter outbreak enquiry, Government has launch a package of reforms to the three waters regulatory system in New Zealand.
15. Government has advised that the status quo for is not acceptable and change is needed. It considers larger multi-regional delivery entities are needed but has made it clear that water services must remain in public ownership.
16. Council has resolved to accept a grant from the Crown in return for participating in a review of options for reform of Council’s three waters delivery.
17. The Government has established a dedicated Water Services Regulator entitled Taumata Arowai to oversee and enforce a new drinking water regulatory framework. It is also currently considering the Water Services Bill. Once enacted it provides the Regulator with the regulatory framework necessary to enforce mandatory compliance including the requirement for water suppliers to be authorised, the ability to set minimum standards that water suppliers must comply with, the ability to issue compliance orders and the ability to appoint an “operator” where the water supplier has …persistently failed to comply with 1 or more legislative requirements (effectively statutory management).
18. During recent workshops the Department of Internal Affairs (DIA) provided indications that as early as three years’ time changes to structure are envisaged.
19. Via the Mayoral forum the three district councils in Taranaki are undertaking a study of the options available to the councils for better shared services or changes to their three waters service delivery structure.
20. Whilst water reform has not been forced upon any water suppliers, the regulatory changes described above along with the Governments clear preference for larger water suppliers indicates that change is highly likely.
106 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
21. There is therefore significant uncertainty in the area of three waters service delivery and it is considered a risk to retender a long term contract during a time of uncertainty as this may make water reform in whatever its new form less effective.
Covid-19 Business Certainty
22. The Covid-19 lockdown has had a negative impact on many businesses, including the Council’s. The original programme prior to Covid-19 for this contract 8 scheduled the retendering in mid-2020. This was to allow time for any new organisation to set up and transition to a new contract.
23. The completion of the 17A service review was delayed due to the lock down and this also impacted negatively on the original timeframe for retendering.
24. Recognising the negative impact of Covid-19 on the business community, Council launched a recovery initiative called Get Us Back On Our Feet (GUBOOF). As part of the GUBOOF initiatives, a procurement recovery plan was adopted by Council on 30 June 2020 aimed to maximise efficiency in NPDC’s procurement processes, add confidence to our local suppliers by identifying a number of go local initiatives to low value procurements. Whilst this contract is a high value contract it does align with the intent of the GUBOOF initiative.
25. City Care Ltd has a large local presence and has been established in the New Plymouth and the Taranaki region for sixteen years. It employs over 50 local people in a variety of roles. By extending this contract for an additional period of three years Council will be providing this business and these local workers with certainty of employment during the economic recovery.
26. The adopted procurement recovery plan identifies the option to extend contracts outside of the current Terms and Conditions. This option is undertaken when procurement and contract planning has been negatively impacted by the Covid- 19 pandemic.
NEXT STEPS
27. Before the proposed activities and roles are bought in house, two processes need to be followed; discussion with the existing contractor on how to transfer these activities (a transition plan) and discussion with existing Council staff on how these positions would best be incorporated into the Council’s organisational structure.
28. Council has resolved to sign a memorandum of understanding to participate in reviewing three water reform and receive a grant. Whilst this grant has no commitments the next tranche of grants may be linked to commitment to participating in some form of reform.
107 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
29. The Chief Executive will commence negotiations with City Care Ltd to extend the current contract for three years. This may include increasing or decreasing the scope of this contract and bringing some activities in- house.
SIGNIFICANCE AND ENGAGEMENT
30. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because the decision will not change the level of service to the community, just how the service is provided. 8 31. The Council has delegated authority to Council officers to execute the variation of contract as it falls within the financial authority limits and is approved in the Long-Term Plan. As the variation involves a significant sum of money the matter is being referred to Council for information purposes. No public engagement is required.
32. The decision is reversible as it only extends the contract which can be retendered in the future. Similarly any activities which are brought in house can be outsource in the future if that is decided.
Financial and Resourcing Implications
33. These services are budgeted in the Long Term Plan so the contract variation does not introduce additional expenditure which is not otherwise already provided for.
34. The variation allows Council time to bring in house some of the activities which would provide a saving of up to $229,200 per year. If activities are brought in- house an additional seven FTE to be employed and additional plant such as vehicles purchased.
Risk Analysis
35. The benefits of bringing these activities in house include more direct control and oversight of some critical water safety activities, in particularly backflow prevention, and sewer pump station operation.
36. Backflow prevention is critical to the protection of water within the Council’s network as it protects the water quality by preventing contaminants from private property and industry backflowing into the reticulation.
37. Sewer pump stations are located at low points in the Council sewer network. Any disruption to their operation that is not responded to quickly can result in an overflow to the environment.
108 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
38. Bringing the activities in-house creates an operational risk to the continuity of service. Implementing the changes will take time and there is a risk that if not implemented by the end of the current contract the Council will be left without adequate resourcing (staff and expertise) to carry out the activities. Extending the current contract by a further period of three years to provides time for assessment and implementation. This will also provide more certainty to the incumbent contractor to allow for a smoother transition.
39. Not retendering for the next three years of the contract creates a risk that contract rates have not been tested by competitive tender and Council is paying 8 more for the service than it may otherwise pay. It is considered that the current rates are still competitive when compared to recently tendered rates for similar types of activities, e.g. backflow installation prices were tested and are less than other competitor’s rates.
40. It is expected that any new rates set via competitive tender in the current environment will attract a risk premium as contractors will have to price in the possibility of changes in scope (if activities are bought in house), uncertainty regarding the wider economy and supply chains due to the disruption caused by Covid-19 and the possibility of major disruption to the service delivery when the water reform process is completed.
41. The likely impact of Covid-19 will extend beyond the next 12 months and the likelihood that it will take another two to three years for more certainty to be known about water reform, makes it prudent to extend the contract by three years.
Promotion or Achievement of Community Outcomes
42. The Three Waters’ services contribute to Prosperity, sustainability and Community by providing infrastructure which provides for the safe provision of drinking water for the community and industry and treats wastewater to prevent disease and negative environmental impacts.
43. This decision aligns with Council’s Community Outcomes as all options will continue to provide these services.
Statutory Responsibilities
44. Council has obligations under the Local Government and Health Acts to provide the three water services covered by this contract. This decision aligns with these obligations as all options will continue to provide these services.
45. Under Section 17A Delivery of services of the Local Government Act Council must review how it delivers the services covered by this contract (good quality local infrastructure) to ensure it is cost-effective and meets the needs of its communities. The review undertaken and summarised in this report meets this obligation.
109 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
46. Legislation is being passed through Parliament relating to three water reform. This includes the Taumata Arowai – the Water Services Regulator Bill which set up the water regulator and the Water Services Bill which provides the regulatory framework for future water supply in New Zealand. This may impact on the future structure of Three Waters’ delivery. Delaying the retender of this contract will enable Council to be more aware of the outcomes of this reform and take this into account when retendering the Contract. If this is retendered now Council may unintentionally expose the Community to future risk depending upon the outcomes of the water reform. 8
Consistency with Policies and Plans
47. The variation of contract is consistent with Council’s Long Term and Annual Plans as delivery of these services is budgeted. The variation is also consistent with Council’s Blueprint, particularly the Key Directions of Environment (by protecting the environment from the harm caused by wastewater discharges); Growth (by providing infrastructure which enables growth); and Industry (by providing the infrastructure necessary for industry to operate such as clean water and treatment of wastewater).
48. The variation is consistent with Council’s recently adopted Procurement Recovery Plan (Covid-19) for providing business certainty and certainty for employment in the region by avoiding the potential disruption caused by retendering a contract of this size during the Covid-19 economic upheaval. Participation by Māori and Community Views and Preferences
49. Council meets regularly with Iwi and hapu representatives via He Puna Wai and specific project working groups such as the Waitara Stormwater Project. Council is also working though many consent renewals, the process for which includes consulting with iwi and the community (such as neighbours and landowners, Department of Conservation, Fish and Game). Council also consulted widely with the community as part of the 2018 Long Term Plan in which water was specifically consulted upon following the water outage caused by ex-cyclone Gita.
50. Based upon previous consultation, it is understood that both Māori and the community hold water services in high regard and they have an expectation that Council will provide adequate water, wastewater and storm water services. It is also understood that these services must be delivered in the most cost effective manner.
51. A variation of contract will continue to provide these services. This decision relates to procurement and how these are delivered. Cost effectiveness of these services is considered by the Section 17 (A) review which considered the cost effectiveness of delivery. The contract variation provides the opportunity to bring activities in house and realise the cost savings.
110 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
52. There is a separate process underway at a national level with regards to the delivery of three waters’ services. Delaying the extension of this contract whilst Government works though the water reform process provides time for more consultation with iwi and the community on the future structure of three waters services.
53. The DIA have advised that they will be running a specific piece of work as part of the water reform design to include Māori input and the principles of Te Mana o te Wai. 8 54. It is therefore considered that there is little benefit in any specific community consultation on this decision.
Advantages and Disadvantages
55. Contract variation has the advantage of providing certainty for a large local business as well as providing time to ensure a risk free transition for bring some activities in-house and it provides the best opportunity to understand what the outcome of the three waters reform before locking in another long term contract.
APPENDICES
Appendix 1 Scope of Contract 12/PM01
Report Details Prepared By: Mark Hall (Manager Three Waters) Team: Three Waters Approved By: David Langford (Group Manager Infrastructure & Assets) Ward/Community: District Wide Date: 18 August 2020 File Reference: ECM 8350164
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111 Waitara Community Board Agenda (18 September 2020) - Recommendation - Three Waters Network Maintenance Contract
Appendix 1 Scope of Contract 12/PM01
No. Item Description 1 Support Management, admin, mechanic, reinstatement, service marking, special e.g. property survey. Water Service 2 Water network On call 24 hours to respond to and fix leaks; hydrant repair, valve 8.1 maintenance exercising and painting; fire hydrant painting; refreshing; pipe excavation and repair. 3 Water backflow testing Annual scheduled testing. 4 Water meter reading Monthly, quarterly and annual meter reading. 5 Restrictor inspection Annual inspections and check valve replacement. 6 Water pipe bridge Annual inspection of pipe bridges. inspection 7 Water trunk main Annual inspection of trunk mains. inspection 8 Flow and pressure Annual flow and pressure testing at a sample of manifolds. audit Wastewater Service 9 Sewer network On call 24 hours to respond to and fix overflows and clear blockages; maintenance flushing; air release valve maintenance; pipe excavation and repair. 10 CCTV CCTV sewer pipes based upon a list provided by NPDC. 11 Sewer pipe bridge Annual inspection of pipe bridges. inspection Two weeks work. 12 Sewer trunk main Annual inspection of trunk mains. inspection 26 weeks. 13 Sewer pipe lining Lining of pipes based upon a list provided by NPDC. 14 Sewer pump station The operation and maintenance of 36 sewer PS. including regular Operation and cleaning; responding to alarms; clearing blockages; scheduled Maintenance maintenance on pumps. Stormwater Service 15 Stormwater network On call 24 hours to respond to and prevent overflows; inspect and clean maintenance inlets; pipe excavation and repair.
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