Agenda of Extraordinary Council Meeting - Tuesday, 20 December 2022

20 December 2022

5.1 Turner Centre Stormwater Catchment

File Number: A4032128

Author: Andy Finch, General Manager - Infrastructure and Asset Management

Authoriser: Blair King, Chief Executive Officer

Take Pūrongo / Purpose of the Report

The purpose of this report to inform Elected Members of the storm water capacity risk for the Turner Centre sub-catchment in Kerikeri and obtain approval for funding to undertake work to prepare a proposal to mitigate this risk.

WhakarĀpopoto matua / Executive Summary

· Council have undertaken modelling of the Turner Centre storm water sub-catchment in Kerikeri

· This modelling has indicated that elements of the existing reticulation is at capacity

· Overland flow paths have also been compromised by historic development

· There is a risk of storm water flooding during a 1 in 10-year and 1 in 100-year storm event

· The proposal is to commence a project to mitigate this risk.

· This report was prepared for the 15 December 2022 Council meeting. Due to time constraints this report has been deferred to this extraordinary meeting.

tŪtohunga / Recommendation

That Council:

a) notes the storm water flooding risk within the Turner Centre sub-catchment

b) approves a budget of $200,000 to progress a design to mitigate this risk through a future physical works contract

c) approves the direct appointment of Trine Kel to undertake the design work.

d) approves the inclusion of a capital works budget of $2m for physical works in the 2023/2024 Annual Plan.

1) TĀhuhu kŌrero / Background

Kerikeri has historically been growing and continues to expand in size with development of green field sites and intensification.

Staff have been reviewing the infrastructure implications of a proposed 10 lot commercial sub-division located at 31 Hobson Avenue (to the rear of Cathay Cinema). It has been identified that the stormwater overland flow paths and reticulation directly downstream are at capacity even before this development has been built.

Stormwater within this sub-catchment (Attachment 1) is managed by way of a primary (reticulated network) and secondary overland flow path system. The primary system is designed to convey the 10% Annual Exceedance Probability (AEP) (1 in 10-year flood), and the secondary system to convey the 1% AEP (1 in 100-year flood). Historic development within the sub-catchment has, in some areas, obstructed or removed the secondary overland flow paths.

The whole sub-catchment has been modelled, noting the potential for further development and the potential implications of climate change, through to the existing outfall at the Wairoa Stream.

Northland Regional Council have identified the area as a flood hazard.

Figure 1- 1% AEP flood Model NRC Flood Hazards

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The sub-catchment modelling undertaken has been based on a 1 in 10-year and a 1 in 100-year event storm, allowing for potential land-use intensification and the infilling of vacant lots, alongside an allowance of 20% for climate change as required by Council’s Engineering Standards. The results of the modelling identify the potential for storm water flooding during a 1 in 10-year and 1 in 100-year storm event in the catchment, including flooding through the Oakridge retirement village and the Turner Centre. The proposal is now to initiate a project to mitigate this risk.

The design project will refine and test assumptions made during modelling, undertake a detailed topographical survey, obtain required consents and deliver a design that can subsequently be used to procure physical works.

However, any project to upgrade underground reticulation and overland flow paths in a largely residential area of Kerikeri will be complex and will cause disruption. Accordingly, Early Contractor Involvement will be used during design to identify a working methodology that minimises construction disruption. The design process will be led by Trine Kel, local suppliers who will also be supported by Cook Costello

Subject to Council approval an implementation plan and consultation strategy will be developed.

Take Tūtohunga / Reason for the recommendation

Approval of the recommendation will enable a design to be progressed to mitigate the risk of storm water flooding within the Turner Centre sub-catchment.

This project was not identified during the preparation of the current Long-Term Plan or Annual Plan. It is therefore unbudgeted expenditure and is beyond the Delegated Financial Authority of staff. Council approval is therefore required for this project to progress.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

Council holds a storm water reserve budget that is sufficient to accommodate the cost of the design work to support a future physical works contract for storm water improvements to the Turner Centre sub-catchment. If approved no additional capital funding will need to be identified.

Āpitihanga / Attachments

1. Turner Centre Sub-Catchment Locality - A4032191 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not Applicable
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	This funding proposal is for design only and not physical works. The design process will include consultation.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	No immediate impact as a result of the current decision. Should the project proceed to physical works then there will be construction impacts on local residents.
State the financial implications and where budgetary provisions have been made to support this decision.	Budget is available in the storm water reserve fund.
Chief Financial Officer review.	This report has been reviewed by the CFO

Extraordinary Council Meeting Agenda

20 December 2022

5.2 Road Maintenance of the upper section of Road - Peninsula Parade, Hihi

File Number: A4032270

Author: Andy Finch, General Manager - Infrastructure and Asset Management

Authoriser: Blair King, Chief Executive Officer

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtain a Council resolution for the inclusion of the upper unsealed section of Peninsula Parade, Hihi RP517-810m, additional length of 293m into the schedule of FNDC-maintained roads.

WhakarĀpopoto matua / Executive Summary

· FNDC maintains the sealed section of Peninsula Parade, Hihi RP0-517m.

· The upper unsealed section of Peninsula Parade, RP517-810m is in part an unformed legal road that was dedicated as legal road reserve in 2004.

· This section of road has been formerly vested in Council", with the official status of Peninsula Parade Extension (Lot 4) subsequently confirmed as an unmaintained legal road by way of Sec 111 Reserves Act.

· This section of road has not been constructed to FNDC standards, however, is located entirely within legal road reserve (map attached).

· There is nothing that compels Council to take over the formed road as an FNDC asset.

· Residents acknowledge the status of the road, but now believe FNDC should begin maintaining it as it provides sole access to several properties and a Council owned reserve.

· The cost of bringing the section of road up to an appropriate maintenance standard would be $40,000 which is unbudgeted and would not attract Waka Kotahi subsidy

· FNDC policies provide for Council to either take over the road as a maintained asset or not, at Council’s discretion.

· This report was prepared for the 15 December 2022 Council meeting. Due to time constraints this report has been deferred to this extraordinary meeting.

tŪtohunga / Recommendation

That Council:

a) notes the Northland Transportation Alliance Report dated 8th November 2022 – Road Maintenance of the upper section of Road – Peninsula Parade, Hihi.

b) approves Option 2: Confirm the inclusion of Peninsula Parade RP517-810m in the schedule of FNDC-maintained roads at the cost to Council to bring it up to standard.

c) approves unbudgeted capital expenditure of $40,000 to bring Peninsula Parade RP517-810m to an appropriate maintenance standard.

d) notes the risk of setting a precedent for the request for upgrading other unformed legal roads across the District.

1) TĀhuhu kŌrero / Background

FNDC maintains the sealed section of Peninsula Parade, Hihi RP0-517m.

The upper unsealed section of Peninsula Parade RP517-810m is in part an unformed legal road that was dedicated as legal road reserve in 2004 as part of a request by the owners who purchased four separate titles at the end of Peninsula Parade, Hihi. (Attachments 1 & 2)

This section of road has been formerly vested in Council", with the official status of Peninsula Parade Extension (Lot 4) subsequently confirmed as an unmaintained legal road by way of Sec 111 Reserves Act, however, it has not been constructed to FNDC standards.

It has not been adopted as a Road Asset into the Council’s Road Maintenance List (the list provides details of each road and the specific length maintained and is part of the Road Maintenance Contracts).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Northland Transportation Alliance (NTA) has prepared a paper outlining Discussion and Options in the report entitled “Road Maintenance of the upper section of road -Peninsula Parade, Hihi” (Attachment 1).

The NTA have elected in this paper not to make a single recommendation, but instead have set out three options for Council to consider. Each of the options are technically valid against the policies outlined in the compliance schedule, particularly the overarching Policy 4103 – Limits of Council responsibility for formation / maintenance of roads. The issue therefore becomes a political decision.

Council staff have recommended Option 2. Peninsular Parade provides sole access to seven properties and a Council reserve. There is a risk that this decision would set a District wide precedent for other unformed roads, of which there are many across the District. However, in this case, Council is developing a bespoke management plan for the Rangitoto Recreation Reserve. This will encourage greater public use and there is an argument that residents of Peninsular Parade should not be responsible for providing general public access to a Council facility.

The issue Elected Members should consider when arriving at a decision is whether Peninsular Parade can be considered a special case noting the above comments. If they do then Option 2 is valid.

Take Tūtohunga / Reason for the recommendation

To obtain a resolution on the issue of future maintenance of a section of Peninsular Parade, Hihi

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

Should Option 2 be approved, then unbudgeted capital expenditure of $40,000 will be required to bring the section of road up to an acceptable standard.

There will be an on-going increase in operational costs, but these would be minor compared to overall roading maintenance budget.

Āpitihanga / Attachments

1. Road Maintenance of the upper section of Road - Peninsula Parade, Hihi - A3986496 ⇩

2. Attachment 1 - Title_Plan - A3986415 ⇩

3. Attachment 2 - LINZ - Legal Road Parcels- Mangonui - A3986414 ⇩

4. Attachment 3 - FNDC Works Committee Agenda 25-02-2000 - A3986416 ⇩

5. Attachment 4 - Peninsula Parade Extension - Dedication as Legal Road Inst 6039396.2 - A3986413 ⇩