Addendum Agenda of Ōrākei Local Board

Ōrākei Local Board

17 June 2021

Approval of the 2021/2022 Ōrākei Local Board Customer and Community Services work programme

File No.: CP2021/07789

Te take mō te pūrongo

Purpose of the report

1. To approve the 2021/2022 Ōrākei Local Board Customer and Community Services work programme and approve in principle the 2022/2023 and 2023/2024 work programmes (Attachment A).

Whakarāpopototanga matua

Executive summary

2. This report presents the 2021/2022 Ōrākei Local Board Customer and Community Services work programme with associated budget for approval, as well as the subsequent two financial years, 2022/2023 and 2023/2024 work programmes for approval in principle.

3. The local board approves the work programme each financial year. Delivery of the approved work programme will support the local board to achieve the outcomes and aspirations in the Ōrākei Local Board Plan 2020.

4. The work programme details the activities to be delivered by departments within the Customer and Community Services directorate.

5. The work programme has been developed through a series of workshops between December 2020 and May 2021, where the local board provided feedback to staff on project and activity prioritisation.

6. The work programme development process takes an integrated approach to scoping activity, involving collaboration between staff from across council and the local board.

7. Several projects in the 2022/2023 and 2023/2024 work programme have been identified as part of the Risk Adjusted Programme. Approval is sought for the planning and design of these projects to commence during 2021/2022, so that they are ready to be delivered early if approved projects for delivery in 2021/2022 are delayed for any unforeseen reason.

8. The work programme includes projects proposed to be funded from regional budgets subject to approval by the relevant Governing Body committee. The local board can provide formal feedback on these regional projects through resolution to this report.

9. The most significant risk to successful delivery of the 2021/2022 work programme is a change in COVID-19 alert levels that would impact delivery timeframes and budget.

10. Updates on the progress of the work programme delivery will be provided through the local board’s quarterly performance reports.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) approve the 2021/2022 Customer and Community Services work programme and associated budget and approve, in principle, the 2022/2023 and 2023/2024 work programmes (Attachment A to the agenda report).

b) approve the Risk Adjusted Programme projects identified in the 2021/2022 Customer and Community Services work programme (Attachment A to the agenda report).

c) note that funding for the Coastal Renewals, Landslide Prevention, Local Parks and Sports Field Development and the Natural Environment Targeted Rate budgets are subject to approval by the relevant Governing Body committee.

d) provide feedback for consideration by the relevant Governing Body committee on projects funded from the Coastal Renewals, Landslide Prevention, Local Parks and Sports Field Development and the Natural Environment Targeted Rate budgets (Attachment D to the agenda report).

Horopaki

Context

11. Customer and Community Services provide a wide range of services, facilities, open spaces and information that support communities to connect, enjoy and embrace the diversity of our people, places and natural environment. These are tailored to the unique needs of the local community in a place-based approach.

12. The 2021/2022 Customer and Community Services work programme (included as Attachment A) outlines the local board’s priorities to be delivered within the financial year.

13. The work programme aligns to council plans, policies, and strategies. Each activity in the work programme delivers to a specific objective relating to one or more of the following 2020 Local Board Plan outcomes:

· Outcome 1 - Our communities are connected, engaged and resilient

· Outcome 2 - Our land, forests, waterways, and marine environment are protected, restored, and enhanced

· Outcome 3 - All parks and open space areas are attractive and well-used places for both active and passive recreation

· Outcome 5 - Our town centres and local businesses are increasingly vibrant and prosperous.

14. Development of the work programme is based on the understanding of:

· local community needs

· service and asset availability

· funding availability

· the work performed by other parties, including iwi partners, Council Controlled Organisations, community groups and commercial enterprises

· risks

· feedback received from the local board at workshops.

Tātaritanga me ngā tohutohu

Analysis and advice

15. Delivery of the work programme is the realisation of the local board’s aspirations for their community, as identified in the Ōrākei Local Board Plan 2020.

16. The local board has discretion to allocate a portion of their budget to a project or activity that they identify as a priority across the three-year work programme period.

17. Out of the initiatives signalled in the local board plan, the local board has prioritised the activities to be delivered in the next three years within available budgets.

18. The work programme provides a three-year view that demonstrates the phasing of programme and project delivery for the following financial years:

· 2021/2022 (to be approved)

· 2022/2023 (to be approved in principle)

· 2023/2024 (to be approved in principle).

19. The local board can approve the work programme for the first financial year and subsequently, delivery of this activity will commence from 1 July 2021. The local board can approve the following two years in principle only.

20. This allows the work programme to be presented in a future focused way that shows how the local board plan will be responded to for the entirety of its three-year strategy, without locking down future investment before that activity is properly scoped.

21. The local board will approve the 2022/2023 work programme in June 2022 and approve the 2023/2024 work programme in June 2023. This will include opportunity to make changes to these work programmes prior to approval, including adding or removing activities and budget allocations, unless funding has already been committed.

22. However, approval of unique multi-year projects, particularly capital works, in the 2021/2022 work programme will commit the local board to the future funding associated with completing the project in 2022/2023 or 2023/2024.

23. The work programme includes a continuation of delivery from previous financial years, including annually occurring events or projects, ongoing programmes, new activities and investments, and potential carry-forward items.

24. Regular updates on the delivery of the programme will be provided to the local board through quarterly performance reports. These updates will identify progress of all projects, highlight risks, and advise if amendments to the budget or delivery timeframes are required.

COVID-19 recovery is a priority for Customer and Community Services

25. A priority of the work programme is to deliver activities that respond to the impacts of COVID-19 on the following:

· newly vulnerable communities

· council financial constraints

· building community resilience for recovery.

26. Customer and Community Services is positioned well to deliver services that are key to the economic and social recovery of communities most in need, including by providing:

· safe and welcoming spaces

· inclusive events to bring the community back together

· community supports, including grants

· stronger connections with other organisations, including Council Controlled Organisations, iwi partners, business associations, community organisations and central government agencies who also serve our communities.

Delivering outcomes for, and with, Māori

27. Council has important statutory obligations with respect to Te Tiriti o Waitangi – The Treaty of Waitangi. The strategic framework that informs council’s delivery and performance measurement of Māori outcomes is Kia Ora Tāmaki Makaurau Māori Outcomes Measurement Framework.

28. Within this strategic framework, Customer and Community Services is responsible for leading activities that deliver against the following outcomes and objectives in Table 1.

Table 1: Kia ora Tāmaki Makaurau outcomes and objectives

Mana outcome	Outcome statement	Mahi objective
Kia ora te Marae	Marae are centres of excellence for whānau Māori and have an abundant presence in communities.	Invest in marae to be self-sustaining and thriving hubs for Māori and the wider community.
Kia ora te Whānau	Empowered whānau Māori across Tāmaki Makaurau.	The council group will enable whānau Māori to experience relevant and welcoming public facilities and services. It will support Māori-led services where appropriate.
Kia ora te Reo	Ko te reo Māori te mauri o te mana Māori	The council group supports te reo Māori be seen, heard, spoken, and learned throughout Tāmaki Makaurau.

29. The work programme includes activities that have an objective to deliver moderate to high outcomes for and with Māori in one or more of the following strategic priority areas:

· Kaitiakitanga

· Māori business, tourism and employment

· Māori identity and culture

· marae development

· papakāinga and Māori housing

· realising rangatahi potential

· te reo Māori

· whānau and tamariki wellbeing.

30. Activities in the work programme that aim to achieve high Māori outcomes in one or more of the strategic priority areas are identified in Attachment B.

31. The Ōrākei Local Board work programme includes 16 activities that are identified as delivering moderate to high outcomes for Māori.

32. Progress updates on delivery of Māori outcomes will be provided to the local board through quarterly performance reports.

Types of budget

33. Work programme activities are funded from budget sources dependent on the type of delivery. Some activities within the work programme have budget allocated from two or more sources, including budgets from both local and regional programmes.

34. Table 2 outlines the different budget types and their purpose that fund the work programme.

Table 2: work programme budget types and purpose

Budget type	Description of budget purpose
Locally Driven Initiatives (LDI)	A development fund used to advance local operational and capital activities at the discretion of the local board
Asset Based Services (ABS)	Allocated by the Governing Body to deliver local activities based on decisions regarding region-wide service levels, including allocation of funds for local asset-based services
Local renewals	A fund dedicated to the renewal (servicing or replacement) of assets including those in local parks and community facilities
Growth (local parks and sports field development)	Primarily funded through development contributions, a regional fund to improve open spaces, including developing newly acquired land into parks, and existing open space to increase capacity to cater for growing population needs
Coastal	A regional fund for the renewal of Auckland’s significant coastal assets, such as seawalls, wharves and pontoons.
Landslide prevention	A regional fund to proactively develop new assets for the prevention of landslides and major slips throughout the region
Specific purpose funding	Funds received by the council from external sources held for specific local board areas and service agreements including compensation funding from other agencies for land acquisitions required for major projects
One Local Initiative (OLI)	Funds allocated by the Governing Body to a local board priority project in alignment with the Long-term Plan 2018-2028
Long-term Plan discrete	Funds associated with activities specifically named and listed in previous long-term plans, including new libraries, community centres and major sports and community infrastructure
Kauri Dieback Funding	As part of the Natural Environment Targeted Rate (NETR) Fund, this is a regional fund from the Environment and Climate Change Committee used to implement the national kauri dieback programme standards
External funding	Budget from external parties, not yet received and held by Customer and Community Services

Capital projects and budgets

35. The capital works programmes have been geo-spatially mapped to indicate the location of projects within a local board area.

36. Attachment C demonstrates the year of the three-year work programme that capital budget is proposed to be allocated to specific projects and indicates the main funding source for each project.

37. Activity budgets for capital programme delivery are estimates only, as costs are subject to change and to be refined as the activity / project progresses through the design and delivery process. Greater clarity will be determined once activity details are defined with the work programme updated accordingly.

38. Some projects are unable to be mapped as they reference multiple locations, or the work locations are yet to be determined.

Risk Adjusted Programme

39. The Risk Adjusted Programme was implemented in 2019 and is designed to mitigate risk so that the total budget is delivered.

40. Several capex projects in the 2022/2023 and 2023/2024 work programme have been identified as part of the Risk Adjusted Programme as highlighted in Attachment A.

41. Approval is sought for the commencement of these projects in the 2021/2022 financial year, so that they can replace delays in projects that may not be delivered for unforeseen reasons.

Regionally funded activities included in the local board work programme

42. There are activities, from the Coastal Renewals, Landslide Prevention and Local Parks and Sports Field Development and the Natural Environment Targeted Rate budgets, which are funded regionally and will be approved by the Governing Body after 30 June 2021.

43. These activities are included in the work programme because the local board has decision-making responsibility for that activity within the parameters set by the Governing Body, which include project location, scope and budget.

44. These activities may be conducted by a number of teams, including within the Customer and Community Services and Infrastructure and Environmental Services directorates.

45. The local board can provide feedback on the activities outlined in Attachment D. This feedback will be presented to the relevant Governing Body committee when they consider regionally funded activities.

Process for changes to the approved work programme

46. Staff will provide progress updates to and seek approval from the local board if there are any projects that require scope, budget or timing changes throughout the financial year, or if activities need to be cancelled or added to the work programme.

47. The work programme includes community leases. Straight-forward lease renewals without variations will be processed in accordance with agreed delegations through a written memo. Expired and more complex community leases will be workshopped with the local board and reported to a business meeting.

48. For a change to the work programme considered to be minor, in that it does not substantially alter the approved work programme, staff will workshop this with the local board and then implement the change. A description of the change will be included in the following round of quarterly reporting.

49. A change to the work programme that is considered substantial, will be presented to the local board at a business meeting for approval

Tauākī whakaaweawe āhuarangi

Climate impact statement

50. In June 2019, council declared a climate emergency and in response to this, council adopted the Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan in July 2020.

51. Each activity in the work programme is assessed to identify whether it will have a positive, negative, or neutral impact on greenhouse gas emissions and impact on resilience to climate change.

52. To deliver on climate goals, Te Tāruke-ā-Tāwhiri includes eight priorities for action:

· natural environment

· built environment

· transport

· economy

· communities and coast

· food

· Te Puāwaitanga ō te Tātai

· energy and industry.

53. The work programme indicates which of these priorities each activity responds to.

54. Attachment E outlines the activities in the work programme identified to have a positive and negative climate change impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

55. The work programme is presented at a directorate level which reflects the integrated approach to developing the activities between the directorate’s departments of:

· Connected Communities

· Community Facilities

· Community and Social Innovation

· Parks, Sports and Recreation

· Regional Service Planning, Investment and Partnerships.

56. The Customer and Community Services work programme was developed through a collaborative approach by representatives from across council departments, directorates and Council Controlled Organisations. The integrated team developed the proposed work programme with the local board through a series of workshops.

57. Some of the activities in the work programme are delivered collaboratively between directorates, for example the Kauri Dieback programme

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

58. Delivery of the work programme is the local board’s implementation of outcomes and objectives in the Ōrākei Local Board Plan 2020.

59. The feedback received from the local board through a series of workshops from December 2020 to May 2021 has informed the proposed Customer and Community Services work programme in Attachment A.

Tauākī whakaaweawe Māori

Māori impact statement

60. Consideration is given to how the provision of services, facilities and open spaces can support the aspirations of Māori, promote community relationships, connect to the natural environment, and foster holistic wellbeing of whānau, hapu and iwi Māori.

61. In the local board area, 5.7 per cent of the total population identify as Māori.

62. The work programme includes activities that will have an impact on a service, facility, or location of significance to Māori. In these situations, appropriate and meaningful engagement and consultation will be undertaken, including to meet our obligations under Te Tiriti o Waitangi – Treaty of Waitangi.

63. Activities identified as delivering a moderate and high level of Māori outcomes are presented as Attachment B.

Ngā ritenga ā-pūtea

Financial implications

64. The financial implications of the COVID-19 pandemic have resulted in a reduced renewals budget per local board and significantly reduced development budgets for growth.

65. Each activity line has a budget allocation for delivery in one or more of the financial years (e.g., 2021/2022, 2022/2023 and 2023/2024). Where activity lines show a zero-dollar budget, this reflects implementation costs met through staff salary or other funding sources.

66. The 2021/2022 activities recommended for local board approval can be accommodated within their draft 2021/2022 budgets.

67. The budgets allocated to activities in the financial years 2022/2023 and 2023/2024 are indicative only and are subject to change due to any increased costs, inflation or reduction to the overall available annual council budget that may occur.

68. Table 3 summarises the budget sources for each work programme financial year.

Table 3: Ōrākei Local Board budget allocation

Local budgets	2021/2022 (approve)	2022/2023 (approve in principle)	2023/2024 (approve in principle)
Opex: Locally Driven Initiatives (LDI)	1,048,052	977,790	1,012,790
Opex: Asset Based Services (ABS)	11,252,503	11,252,503	11,252,503
Capex: Local Asset Renewals - Budget (ABS)	$3,245,631	$3,588,794	$3,689,510
Capex: Local Asset Renewals - Proposed Allocation (ABS)	$3,245,631	$3,588,794	$3,689,510
Capex: Local Asset Renewals - Unallocated budget (ABS)	$0	$0	$0
Capex: Locally Driven Initiatives (LDI) – Budget	$170,000	$170,000	$170,000
Capex: Locally Driven Initiatives (LDI) - Proposed Allocation	$170,000	$168,825	$31,175
Capex: Locally Driven Initiatives (LDI) - Unallocated budget	$0	$1,175	$138,825
Capex: Growth projects Allocation	$1,561,006	$2,620,000	$0
Capex: Coastal projects Allocation	$200,000	$100,000	$0
Capex: Landslide Prevention projects Allocation	$0	$0	$0
Capex: Specific Purpose Funding - Allocation	$0	$0	$0
Capex: External Funding Allocation	$0	$0	$0
Capex: One Local Initiative	$0	$0	$0
Capex: Long-term Plan discrete	$0	$0	$0
Capex: Natural Environment Targeted Rate	$28,538	$0	$0

69. The proposed budgets are based on the anticipated budget allocations from the Long-term Plan 2021-2031.

70. Any 2020/2021 capex budget unspent on 30 June 2021 will be assessed for carry-forward to the 2021/2022 work programme. Carry forwards will be added to the work programme as separate activity lines.

71. Where an activity is cancelled or no longer required, the local board can reallocate the budget to an existing work programme activity or create a new activity within that financial year.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

72. If approval of the Customer and Community Services work programme is not obtained, there is significant risk that the activities within it will be delayed or not delivered.

73. Table 4 outlines the key risks and mitigations associated with the work programme.

Table 4: risks and mitigations

Risk	Mitigation
Non-delivery, time delays and budget overspend of activities that are managed through the work programme.	Having agreed processes to amend the work programme if activities need to be changed or cancelled. Utilising the Risk Adjusted Programme to progress those activities identified as ready to proceed under the Risk Adjusted Programme at the beginning of the financial year.
Unknown risks associated with trialling a new activity for the first year.	Risks and mitigations for new activity lines are considered during the scoping phase, continually assessed and reported to the local board.
The COVID-19 pandemic could have a negative impact on the progress of the work programme as some activities cannot be delivered if there is an increase in an alert level.	Development of the work programme has included consideration for all activities regarding potential impacts on delivery in the event of alert level changes. Some activities may be delayed but still deliverable within the agreed timeframes. Where activities need to be cancelled the local board can reallocate budget to other activities.

74. The majority of activities in the work programme are ongoing and annually occurring. Risks associated with these activities have been identified in previous years and are managed on an ongoing basis.

75. Other risks may also exist, including with respect to the health, safety and wellbeing of council staff. Work programmes may also need to be adjusted where these risks exist and cannot be safely mitigated via control measures.

Ngā koringa ā-muri

Next steps

76. Delivery of the work programme will start following approval by the local board and continue until 30 June 2022, with progress reported to the local board on a quarterly basis.

77. Regional projects will commence after approval by the Governing Body in July 2021. The local board will receive the first quarter report in November 2021.

78. Where the work programme identifies further decisions and milestones for activities, these will be brought to the local board when appropriate.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Customer and Community Services Work Programme 2021/2022	17
b ⇩	Ōrākei Māori Outcomes	49
c ⇩	Ōrākei Map	51
d ⇩	Ōrākei - Regional Projects	53
e ⇩	Ōrākei Climate Impacts	55

Ngā kaihaina

Signatories

Authors

Justine Haves - General Manager Service Strategy and Integration

Mace Ward - General Manager Parks, Sports and Recreation

Mirla Edmundson - General Manager Libraries & Information

Gael Surgenor - GM - Southern Initiative

Taryn Crewe - General Manager Community Facilities

Authorisers

Claudia Wyss - Director Customer and Community Services

Trina Thompson - Local Area Manager

Ōrākei Local Board

17 June 2021

Grant of an agreement to lease and a new community lease Shore Road Reserve, 32B Shore Road, Remuera

File No.: CP2021/07927

Te take mō te pūrongo

Purpose of the report

1. To grant an agreement to lease and a new community lease to Remuera Parnell Sports Community Charitable Trust for portions of the council-owned changing rooms at Shore Road Reserve, 32B Shore Road, Remuera.

Whakarāpopototanga matua

Executive summary

2. The Remuera Parnell Sports Community Charitable Trust has a community ground lease for its clubrooms adjoining the council-owned changing rooms at Shore Road Reserve, Remuera. The trust needs extra storage to accommodate its out-of-season gear together with space for a cart and trailer to move the sports equipment to and from the playing fields.

3. In 2020, the trust applied to the council for an agreement to lease so that it could undertake minor alterations to effect storage and a community lease for portions of the council-owned changing rooms. The community lease would take effect on the issue of code compliance for the minor works.

4. An agreement to lease is a discrete agreement for a certain period that allows the trust time to raise the required funds, seek and obtain all necessary regulatory consents (building, resource and landlord consents) and make the minor alterations to the changing rooms.

5. At its workshop on 4 March 2021, council staff presented the Ōrākei Local Board with a memorandum informing and seeking its informal feedback about the trust’s application for the agreement to lease and lease. The Ōrākei Local Board provided staff with positive feedback about undertaking public notification and engagement with mana whenua regarding the trust’s application.

6. Council staff publicly notified and engaged with mana whenua on Auckland Council’s intention to grant the proposed agreement to lease and community lease. All statutory requirements have now been satisfied.

7. This report recommends that the Ōrākei Local Board grant Remuera Parnell Sports Community Charitable Trust an agreement to lease and new community lease for portions of the council-owned changing rooms at Shore Road Reserve, 32B Shore Road, Remuera.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) grant Remuera Parnell Sports Community Charitable Trust an agreement to lease for portions comprising 59 square metres as outlined in red (more or less) of the council-owned changing rooms at Shore Road Reserve, 32B Shore Road Remuera, on land legally described as Lot 1 DP 194869 to allow it to undertake minor works for the purposes of storage (Attachment A to the agenda report) subject to the following terms and conditions:

i) term – three years commencing 18 June 2021

ii) rent - $1.00 per annum plus GST if demanded

iii) the Remuera Parnell Sports Community Charitable Trust securing all necessary funding for the minor works prior to the commencement of the works

iv) the Remuera Parnell Sports Community Charitable Trust obtaining all necessary regulatory and other consents prior to the commencement of the works

b) grant Remuera Parnell Sports Community Charitable Trust a community lease for portions comprising 59 square metres as outlined in blue (more or less) of the council-owned changing rooms at Shore Road Reserve, 32B Shore Road, Remuera legally described as Lot 1 DP 194869 (Attachment B to the agenda report) subject to the following terms and conditions:

i) term – five years commencing on the date of issue of code compliance certificate/certificate of public use/practical completion of the minor works

ii) rent - $1.00 plus GST per annum if demanded

iii) annual subsidised maintenance fee - $250.00 plus GST per annum

Horopaki

Context

8. This report considers the leasing issues with respect to the Remuera Parnell Sports Community Charitable Trust’s occupation of the council-owned changing rooms at Shore Road Reserve.

Remuera Parnell Sports Community Charitable Trust

9. The Remuera Parnell Sports Community Charitable Trust was established in 2003, its purpose to promote and advance generally, the games of rugby and cricket. The trust is responsible for administering and maintaining its sports clubrooms at Shore Road Reserve.

10. In 2012 the trust developed and built its indoor training facility adjacent to its clubrooms known as the Terry Jarvis Centre.

11. In carrying out its purpose, the trust represents Grammar Juniors rugby and Parnell cricket both which have 1,150 members. Membership is detailed in the table below:

Active members	Numbers
Adults	260
Youths (ages 14 to 18)	50
Juniors (ages 5 to 13)	620
Pre-schoolers	220

12. The above table quantifies playing members and excludes members and others (including guests and spectators) who support their children, friends and relatives while playing sports.

13. On Saturdays during the winter rugby season, the trust hosts up to 30 teams including their 450 players across games of ‘Rippa’ rugby, half-field ‘learn-to-tackle’ rugby and full-field rugby.

14. During the summer cricket season, the trust hosts up to 60 four and five-year-old children on Friday nights. On Saturdays at least 15 matches are held for junior and senior grades at Shore Road Reserve. With the increase in popularity of T20 cricket, these games are played mid-week on Tuesday and Thursday evenings.

15. The Ōrākei Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

Land and council changing rooms

16. Remuera Parnell Sports Community Charitable Trust occupies land at Shore Road Reserve, which is located at 32 Shore Road, Remuera. The land is legally described as Lot 1 DP 194869. The land is currently held in fee simple by the Auckland Council under the Local Government Act 2002.

17. The trust has a current community lease for the improvements comprising a clubroom (adjoining the council-owned changing rooms) and its indoor cricket facility known as the Terry Jarvis Centre (Attachment C). The community lease commenced on 13 September 2012 for an initial term of five years and provides for two rights of renewal for five years each, with final expiry on 12 September 2027.

New agreement to lease and community lease

18. Remuera Parnell Sports Community Charitable Trust has applied to council for an agreement to lease for one term of three years and a new community lease for one term of five years for parts of the changing rooms adjacent to their clubrooms.

19. An agreement to lease is required to enable the trust adequate time to obtain funding, consents and undertake the minor works to the changing rooms.

20. A community lease would take effect either at the expiry of the agreement to lease (subject to compliance with the terms and conditions of the agreement to lease) or, on issue of code compliance certificate/certificate of public use/practical completion of the works, whichever date is the earliest.

21. The term of the proposed new community lease of five years will mean that the expiry date would be close to that of the trust’s existing lease agreement for the footprint of its clubrooms and the Terry Jarvis Centre. Subject to the trust applying for new leases on expiry of the existing, council staff would be able to process the two lease applications at the same time.

Public notification and engagement with mana whenua

22. In accordance with section 138 of the Local Government Act 2002 any lease or licence for a term more than six months must be publicly notified. This applied to the trust’s application for a new community lease for the council-owned changing rooms.

23. Similarly, engagement with mana whenua identified as having an interest in land in the Ōrākei Local Board area was required under section 81 of the Act. Engagement with and feedback from mana whenua is detailed in paragraphs 40 to 45 of this report.

24. To meet the statutory requirements, public notices were placed in the Eastern Courier on 21 April 2021 and the Central Leader on 22 April 2021.

25. The proposal was also advertised on the Auckland Council website. Submitters were allowed one calendar month from the date of publication to make submissions or objections to the proposal.

26. During the submission period, council staff received 35 submissions in support and one query on the community lease proposal.

Minor alterations under the agreement to lease

27. The portions of the subject council-owned changing rooms measure approximately 33 square metres and 26 square metres, respectively (Attachment A). The minor works comprise:

· creating a door between the trust’s premises and the 33 square metre portion (area for rugby and cricket storage)

· removing existing seating and installing racking to the 26 metre portion (area for general sporting storage and the golf cart).

28. The trust has budgeted $15,000.00 for these works. The agreement to lease will record conditions specific to the works in terms of compliance with the Building Act 2004 and any other relevant statutes. The community lease agreement will state explicitly that the trust is responsible for the ongoing maintenance and any renewals related to its works.

29. Additionally, as the trust is investing its capital into a council-owned building, it does so at its own financial risk. On expiration of the initial lease for its portion of the council-owned building, should the trust not be granted a new community lease, the trust may have to reinstate the areas to their original condition, or the improvements will revert to council without compensation.

Rent and relevant maintenance fee

30. In accordance with the Auckland Council Community Guidelines 2012, rent is $1.00 plus GST per annum (if demanded).

31. As the trust will utilise the areas for the purpose of storage, the trusts electricity usage will be minimal and water, nil. Additionally, the trust would be ultimately responsible for ongoing maintenance and any renewals related to its minor works.

32. As such, staff recommend that in this instance, the trust should be set an annual subsidised maintenance fee, as opposed to an operational charge. In accordance with the Auckland Council Community Occupancy Guidelines 2012 the annual subsidised maintenance fee for a lease area 100 square metres and under is $250.00 plus GST.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. The designated impact level of the recommended decision on greenhouse gas emissions is “no impact” because the proposal continues an existing activity and does not introduce new sources of emissions.

34. Climate change has an unlikely potential to impact the term proposed because the site does not sit directly within a flooding zone of 1-in-100 years (Attachment D).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. On 23 September 2020, staff from the leasing team and the parks sports and recreation team met onsite with key representatives for the trust to discuss the proposal. Staff from the parks sports and recreation team support the proposal. Staff established that the trust’s proposal would not have any impact on the Rugby World Cup utilisation of the facilities at Shore Road Reserve, should the facilities be used.

36. Similarly, staff from the parks sports and recreation team did not have any specific concerns with regard to current and future need for the portions of the existing changing rooms proposed for storage.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

37. At its business meeting of 5 December 2019, staff presented the Ōrākei Local Board with a report recommending the local board grant a lease for additional premises and landlord consent to Remuera Parnell Sports Community Charitable Trust for additions to the clubrooms. The local board granted the trust a lease for additional premises for a viewing deck and the landlord consent to reconfigure its clubrooms (resolution number OR/2019/238).

38. The noted report contained information (paragraphs 31 to 35) on the trust’s ‘future plans’ to apply for an agreement to lease and lease portions of the council-owned changing rooms for the purposes of storage.

39. On 4 March 2021, staff presented the Ōrākei Local Board with a memorandum and sought the local board’s informal feedback to progress the trust’s application for an agreement to lease and community lease. The local board provided informal positive feedback at that time.

Tauākī whakaaweawe Māori

Māori impact statement

40. At the Central/South Mana Whenua Forum held on 31 March 2021, staff presented to mana whenua representatives in attendance about the proposed agreement to lease and community lease to Remuera Parnell Sports Community Charitable Trust.

41. Mana whenua representatives in attendance voiced that the application supports better utilisation of the changing room space and was necessary to meet the growing needs of a thriving club.

42. Mana whenua representatives did enquire about the number of members who identified as Māori and were interested to know about the statistics. In addition, they asked what strategy the clubs had to grow its Māori membership and whether the trust was working with Ngāti Whātua Ōrākei in this regard.

43. On 28 April 2021 the Parnell Cricket Junior chair, the Grammar Junior Rugby chair and a key trustee for Remuera Parnell Sports Community Charitable Trust met with the Transformation and Opportunities Partner for Ngāti Whātua Ōrākei at Kupe Street. The purpose was to discuss how both the cricket and rugby clubs could work with mana whenua to get more people involved in rugby and cricket. Further meetings are planned.

44. There were a number of outcomes from this meeting, for example:

· use of the indoor cricket centre for winter programs

· provide cricket gear to the kindy next door

· provide reduced fees/scholarships if and as required

· provide cricket coaches for four and five year olds to introduce cricket

· the Transformation and Opportunities Partner for Ngāti Whātua Ōrākei will contact Parnell Cricket Club and Grammar Junior Rugby information through various social media platforms.

45. Remuera Parnell Sports Community Charitable Trust members had a debrief at the wider Parnell Club board meeting on 24 May 2021, with the key trustee providing feedback to the effect that everyone was very excited to be working closer with Ngāti Whātua Ōrākei.

Ngā ritenga ā-pūtea

Financial implications

46. The costs associated with public notification about the council’s intention to grant an agreement to lease and new community lease was approximately $530.00. This cost was borne by the Community Facilities Department.

47. There are no additional direct costs to council associated with the proposed agreement to lease and community lease. The Remuera Parnell Sports Community Charitable Trust will be funding the minor works and be responsible for the ongoing maintenance of its assets created by the works.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

48. Should the Ōrākei Local Board resolve not to grant a new agreement to lease and community lease to Remuera Parnell Sports Community Charitable Trust, this decision may be viewed as a lack of good faith as the local board provided positive informal feedback to the proposal.

Ngā koringa ā-muri

Next steps

49. Subject to the Ōrākei Local Board granting an agreement to lease and community lease, council staff will prepare the necessary documentation, arrange for execution by the trust and council.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Plan of adjoining trust-owned and council-owned building for agreement to lease	67
b ⇩	Plan of adjoining trust-owned and council-owned building for new community lease	69
c ⇩	GIS aerial view showing the trust’s existing ground lease area	71
d ⇩	GIS aerial view from council's Hazard Viewer	73

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Trina Thompson - Local Area Manager

Ōrākei Local Board

17 June 2021

St Heliers Village – Vellenoweth Green Options

File No.: CP2021/08431

Te take mō te pūrongo

Purpose of the report

1. To provide advice to the Ōrākei Local Board on options for improving pedestrian safety and connectivity on Tamaki Drive near Vellenoweth Green.

2. To seek feedback on the recommended Option 3 for consideration by Auckland Transport before submitting the final land-owner application to Auckland Council.

Whakarāpopototanga matua

Executive summary

3. Following an extensive co-design process with the nominated working group, Auckland Transport (AT) is constructing the St Heliers Village Safety Improvements project.

4. The working group consisting of the Ōrākei ward councillor, delegated representatives of the Ōrākei Local Board, the Business Association, the Residents Association and Auckland Transport (AT) worked through the improvements step by step and agreed on the final design to improve safety and access for motorists, cyclists and pedestrians within the St Heliers Village.

5. AT consulted on the new design from the 12 October to 2 November 2020 and received 1,353 responses on the safety improvements proposal. 73 per cent of submitters supported the proposal with some suggesting further changes. In addition, well attended drop-in sessions were held in the village.

6. The new proposal includes pedestrian safety and connectivity measures near the Vellenoweth Green, which was requested by the working group. The Morton Bay fig trees which are such a feature of the entry to the village have uplifted the footpath beside the Vellenoweth Green making it very difficult to walk across. Various options were explored by the working group to understand how best to mitigate the safety issues and it finally endorsed the option of constructing a pathway within Vellenoweth Green.

7. Workshops were held in May 2021 with the Ōrākei Local Board to discuss the pathway and the path design elements. Various options were presented to the local board. Direction was sought to help Auckland Transport identify the best option to improve pedestrian safety as well as have the least impact on the open space that Vellenoweth Green provides.

8. The option that best meets both objectives, of improving pedestrian safety and having the least impact on the open space is an on-ground permeable path described in this report as Option 3. The board has indicated that lighting poles within the park are not acceptable therefore AT is proposing to further investigate the installation of in-ground lighting along the pathway. AT expects to be able to confirm the results of this investigation at the June 2021 meeting.

9. AT considers that further public consultation on the proposed pathway is not necessary as it was included in the public consultation for new safety improvements project, and it was also discussed at two public drop-in sessions. The working group has also endorsed this proposal. The OLB has requested that AT undertake further targeted engagement with residents near Vellenoweth Green in regard to pathway design and lighting, and this will take place dependent on the outcome of this report.

10. This report outlines the collaborative process that this project has undergone to date, details of the path options produced to mitigate the concerns raised by the local board and AT’s corresponding recommendation.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) provide feedback on the recommended Option 3, installing an on-ground permeable path along the dripline edge of the Morton Bay Fig trees within Vellenoweth Green, with in-ground lighting.

b) agree that further consultation is not required as extensive consultation was undertaken in October 2020, but request Auckland Transport to engage with nearby residents on the new design and lighting for the proposed path through the Vellenoweth Green.

Horopaki

Context

11. In early 2019, following significant negative public feedback on the proposed safety improvements in St Heliers Village, a working group was formed to look more closely at the proposals and themes coming out of consultation feedback. The working group comprises delegated representatives from the Ōrākei Local Board, the Business Association, the Residents Association, the Orakei Ward Councillor and AT. (Ref: memo from Dr Lester Levy and Shane Ellison dated 1 May 2019). At the time of formation of the working group, there was agreement that this was part of AT’s new approach to engagement.

12. Through the working group discussions, the tripping hazard posed by the roots and the difficulty for wheeled devices to use the existing footpath along the Morton Bay Fig trees was raised, and an option for a path through the Vellenoweth Green was investigated and agreed as the safer alternative. The principle of a path within the Vellonoweth Green was collectively endorsed by the working group because of the safety benefits for active modes, and that it was achievable without further loss of parking.

13. This path was shown indicatively on the consultation material that went out to the community in October 2020 (please refer to Attachment A), with the design details of the path being confirmed post-consultation. We received 1,353 responses on the safety improvements proposal. 73 per cent of submitters supported the proposal with some suggesting further changes and 27 per cent opposed the changes. The public consultation was inclusive of two drop-in sessions, which included discussions with members of the community about the presence of a path.

14. Initially, the pedestrian path with respect to the Moreton Bay fig trees was designed to include a raised timber boardwalk through the Vellenoweth Green as well as a permeable surface in place of the existing asphalt footpath under the fig trees.

15. AT received feedback from the Ōrākei Local Board at the workshop held on 13 May 2021 that this design was not acceptable. The main reason was that a raised boardwalk would be too intrusive on the look/feel of Vellenoweth Green. We listened to this feedback and discounted this option.

16. We were asked to consider other options such as an on-ground path instead and options along the existing footpath. These options were presented at the local board workshops held on 18 May 2021 and 27 May 2021. The options are summarised in the subsequent section of this report with further details as well as in the attachments.

Tātaritanga me ngā tohutohu

Analysis and advice

Consultation Process

17. The consultation process for the new safety improvements is outlined above and the feedback relating to the proposed pathway is summarised in Attachment B. Consultation also included two public drop-in sessions in St Heliers of 2.5 hours each. The Saturday drop-in session was particularly well attended by members of the public and both sessions included discussions about the pathway through Vellenoweth Green.

18. Our view is that further public consultation on the pathway through Vellenoweth Green is not required. However, as lighting options for the pathway were not specifically discussed during consultation process, AT will undertake targeted engagement with residents around the park in regard to the new pathway design and lighting, dependent on the outcome of this report.

19. Based on the detailed option analysis, Option 3 is preferred, as the other options either require further loss of parking or leaving a current unsafe situation which is not acceptable. The recommended option provides a safer outcome for active mode users than the current situation, and also has no impact on net loss of parking, which was a key design principle during co-design. AT notes that CCTV cameras are being installed in the area by the Ōrākei Local Board, and these will provide an added personal safety, security and surveillance benefit.

Options

20. The following options were presented to the Ōrākei Local Board across two workshops held on 18 May 2021 and 27 May 2021.

Option 1 - Do Nothing: No Path in Vellenoweth Green, No Changes to Footpath under Fig Trees

· No works in Vellenoweth Green.

· No treatment to the existing footpath under the Moreton Bay fig trees.

· This option was considered however, due to the health and safety risks associated with the existing footpath, it was considered unacceptable to simply leave the footpath under the Moreton Bay fig trees in its current state. This view was shared by the working group throughout the discussions held with them. For this reason, the Do-Nothing option is not recommended.

Option 2 - Do Minimum: No Path in Vellenoweth Green, Make Good Footpath under Fig Trees

· No works in Vellenoweth Green

· Make good the existing footpath under the Moreton Bay fig trees where possible without impacting parking, using a permeable surface such as the PermeTek product presented at the 27 May 2021 workshop or similar.

· It is to be noted that it is not possible to make good the footpath to a point where it is safely traversable by elderly pedestrians, wheelchair users and pram users due to the height of the tree roots and localised steep grades of the footpath. For this reason, the Do Minimum option is not recommended.

Option 3 - On-ground permeable Path in Vellenoweth Green

· Path in the Vellenoweth Green made of permeable paving such as the PermeTek product by Treescape presented at the workshop on 27 May 2021 or similar. This product is wheelchair and cyclist friendly, anti-slip and easily installable on uneven surfaces in the presence of large tree roots. The PermeTek product has a life span of 3-5 years, depending on usage.

· Make good the existing footpath under the Moreton Bay fig trees where possible without impacting parking. This can be a permeable surface such as the PermeTek product presented at the 27 May 2021 workshop or similar.

· Lighting required adjacent to path; taking on board feedback from the Ōrākei Local Board and following further discussions with our design engineers, an in-ground lighting solution similar to those on the boardwalk on the seaward side of Tamaki Drive might be possible. This is being investigated further and if possible, it will rule out the need for lighting poles as previously advised.

21. This option provides a safe connection for pedestrians walking in the vicinity of Vellenoweth Green without the removal of any car parking spaces. Furthermore, there is an added benefit of safety and security measures provided by in-ground lighting and CCTV cameras currently being investigated separately by the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. The proposal will promote active modes (walking and cycling) and potentially reduce vehicle use, thereby reducing possible harmful emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23. Auckland Council Community Facilities were processing the previous pathway proposal for Land-Owner Approval on behalf of Auckland Council. AT will seek comment from them on this new proposal. They had previously indicated that they are of the view that a pathway in the park would not be inconsistent with either the Auckland City Council (St Heliers Bay Reserve) Act 1995 or the Vellenoweth Green (St Heliers Bay Reserve) Draft Reserve Management Plan.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

24. AT has noted the concerns raised by the local board with respect to the localised impact from the proposed lighting poles in the Vellenoweth Green. After hearing this feedback, AT is now undertaking investigations to confirm if in-ground lighting will satisfy safety and security issues in the park.

Tauākī whakaaweawe Māori

Māori impact statement

25. Mana whenua have been included in the design of the proposed path and have raised no issues.

Ngā ritenga ā-pūtea

Financial implications

26. Each of the options presented are allowed for within the budget for this project.

27. Noting however, that no additional budget has been allocated for undertaking additional consultation to what has already been done to date.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. There is a risk if Option 3 is not pursued that users of the footpath in front of Vellenoweth Green will need to choose whether to use the unsafe footpath; walk on the grass to avoid the tree roots; have a longer walk by using the pathway near the bowling club or cross Tamaki Drive to access the boardwalk.

29. As mentioned in item 8, the concerns of the board around the visual impact of the proposed lighting poles in Vellenoweth Green is noted, with mitigation measures being proposed and investigated accordingly.

30. As the PermeTek product has an expected life span of 3-5 year, depending on usage, there is a risk that the pathway will need further maintenance after that time.

Ngā koringa ā-muri

Next steps

31. Auckland Transport will consider and respond to the received feedback with respect to the proposed recommendations before finalising and submitting to Auckland Council the landowner approval application.

Ngā tāpirihanga

Attachments