Information Only - No Decision Required Report To: Engineering Services Committee
Meeting Date: 7 July 2016
Report Author: Peter Thomson, Engineering Manager; Gary Clark, Transportation
Manager; Dwayne Fletcher, Activity Planning Manager; Russell McGuigan, Programme Delivery Manager; Mike Schruer, Utilities Manager
Report Number: RESC16-07-07
1 Summary
1.1 This report provides an update of activity across the Engineering Services Department.
2 Draft Resolution
That the Engineering Services Committee receives the Engineering Services Activity Update report.
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3 Purpose of the Report3.1 This report provides an update of activity in the Engineering Services Department.
4 Council and Landowner Agreements
4.1 At the Engineering Services Committee meeting on 26 May 2016 as part of the Long Plain Road – Back Block Road Maintenance report, the Committee requested advice regarding how agreements between the Council and landowners can effectively be recorded on Land Information Memorandums (LIMs) to inform subsequent owners. The Committee also asked for information regarding the implications of achieving this through the Council’s business processes.
4.2 We have reviewed the nature of agreements that the Council has with landowners in conducting usual Engineering Services business activity. Generally, these fall into two
categories as set out and discussed below. In both categories the Council has tools available to record these agreements with landowners, and in some cases to retrieve these records to make prospective purchasers/new owners aware of any obligations in these agreements and then to bind subsequent owners to the agreement. At this time Council does not have
systems that fully track and record all of the existing agreements so that they can be properly identified on every LIM enquiry.
Category 1- Permissions given by a landowner to the Council
4.3 Where a landowner gives the Council permission to construct works on their private land, such as stormwater works or sewerage works, then the terms of that permission can be recorded in:
a) an agreement to grant easement; or
b) a land entry agreement under section 181 of the Local Government Act 2002.
Agreement to grant easement
4.4 It is preferable that the Council obtains an easement from the landowner which is registered against the title to the land and is then binding on all subsequent owners. The Council will generally pay the landowner compensation for the easement.
4.5 A compensation certificate can be registered against the title to the land to protect the Council until the easement is registered (which is generally after the works have been
completed and a survey plan of the work has been prepared). If a compensation certificate is registered, a purchaser of the land/subsequent owner will also be bound by the agreement to grant an easement.
4.6 An easement is preferable to a land entry agreement because it would normally permit the Council to replace infrastructure with something that is different from that which was originally constructed. An easement can also provide that no building or other structure is built over the easement area without the prior written consent of the Council. A registered easement is necessary when the Council seeks a right-of-way over private land (such as for the cycle trail).
4.7 An easement can also be registered against the title to the land which provides notice to a purchaser.
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Land entry agreements
4.8 A land entry agreement under section 181 of the Local Government Act 2002 can be used in circumstances where the Council wishes to construct stormwater, water or sewage works, or land drainage and rivers clearance works, on private land. If a landowner signs a land entry agreement then (provided the Council gives reasonable notice) the landowner and a
subsequent owner are required to allow the Council onto the land for the limited purposes set out in section 181 i.e., inspection, alteration, renewal, repair or cleaning of the works.
4.9 It is important for the Council to have in place a good system for storing and retrieving land entry agreements as they cannot be registered on the title to a property. The existence of a land entry agreement can be noted on a Land Information Memorandum. Not all purchasers will request a LIM before purchasing a property. Nevertheless, a purchaser will still be bound to allow the Council access where a land entry agreement has been signed by a previous owner.
4.10 The department has recently reviewed and improved the standard of land entry agreements used including the formal signing, recording and document storage system. This new system provides dependable information for LIMs regarding the existence of a land entry agreement.
For the last 3 years, land entry agreements have followed a process where the completed document is electronically stored in Silent One (Council’s document management system) and linked to the relevant NCS valuation record. This NCS link means that when a property enquiry (and LIM) is made, the existence of the land entry agreement is shown and
automatically transferred to a LIM report.
4.11 Past records (prior to about 2013) of such land entry agreements are not stored
electronically and are not generally identified in a property/LIM enquiry. Older agreements are normally found on property files but this is not always the case, and can often be located on activity or project files. Often more historic file copies of land entry agreements are only partly completed, and are much more inconsistent. In summary these land entry agreements will not generally be identified as part of a LIM enquiry.
4.12 The implications of identifying all past records of landowner agreements and transferring these to an electronic document system (such as Silent One) that can be readily accessed for LIM enquiries has not been fully explored at this stage, but it can be safely assumed to be a very large, time consuming and costly task.
Category 2 - Permissions given by the Council to a landowner Licenses and deeds
4.13 Where the Council grants a person permission to place something on a Council road, such as permission to lay a pipe under the road or permission to construct part of a retaining wall on road, then the terms of that permission (including maintenance obligations) can be recorded in an agreement between the Council and the landowner (often in the form of a licence to occupy).
4.14 If a landowner agrees to maintain a section of road, then this can be recorded in an agreement (in the form of a deed) between the Council and the landowner.
4.15 Such agreements will only be enforceable against the person who signed it. The agreement will generally provide that the landowner cannot sell their land without arranging for the purchaser to be bound by the same obligations, but this can be overlooked or ignored when a property changes ownership. It is therefore good practice for the Council to obtain a bank bond in all such cases to protect the Council against a situation where the person that signed
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the agreement fails to comply with the agreement, and is unable to remedy the default or cannot be located. In the event of default, the Council can then call up the bank bond.4.16 Notice of such agreements or licences can be recorded on a LIM for the property owned by the person who enters into the agreement. At this stage these agreements are centrally filed but not electronically stored for easy retrieval for a LIM enquiry. A project could be initiated which records all of these agreements on the NCS property record with a link to GIS. This task would need to be fully assessed and then if feasible considered with other work
priorities. It should be noted however that as stated above, not all purchasers will request a LIM.
Memorandum of encumbrance
4.17 If, for example, a person has agreed to maintain a retaining wall on a road, the Council can make it a condition of the agreement that the landowner registers a memorandum of encumbrance against the title to their land adjoining the road. A memorandum of
encumbrance is a device which allows the terms of the agreement to be recorded on the title. The effectiveness of a memorandum of encumbrance in binding a subsequent owner of the land is doubtful but it is a means of drawing their attention to the existence of an
agreement.
5 Departmental Update Staffing
5.1 As reported at the 26 May 2016 meeting, Miriam Hoy our Administration Officer – Utilities has resigned and has now left the Council. Unfortunately, a preferred candidate to replace Miriam has not yet been identified. Candidates have been interviewed and we are hopeful that an appointment can be made in the next few weeks. In the meantime, Natasha Dixon a temp from Intepeople is filling the role.
5.2 We also have Helen Lane, a temp working in the Activity Planning team to cover Jocelyn Thomson’s duties while Jocelyn has been away for medical reasons.
5.3 Gary Clark, our Transportation Manager has resigned with effect from 9 September 2016.
Gary has been with us for over seven years and has certainly made a difference in how we manage our roading network. He has built up a very competent team who like Gary are all dedicated to providing a safe and reliable roading network for our residents and visitors. He will be missed. The Transportation Manager role has been advertised with applications closing on Tuesday 19 July. We hope to have a new Transportation Manager identified and in place at the earliest available opportunity.
5.4 We have appointed Chris Pawson as the new Road Operations and Safety Coordinator in the Transportation team. Chris comes to us from Nelson City Council where he has been working in their assets team and has earned a very good reputation over recent times. Chris has recently been working alongside our staff on the draft Joint Land Development Manual so is well known to the team. Chris’ presence in the office will be notable – his presence will boost the height statistics of our team considerably. He starts duties on Monday 15 August.
5.5 Mike Schruer has been invited to join a Technical Advisory Group to support the annual National Performance Review undertaken by Water New Zealand. This aligns very closely with the “Improving 3 Waters Performance” Working Group which he is also involved in.
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6 Activity Planning
Asset Management and Systems Review project
6.1 Only one new subdivision as-built plan has been received and approved since the last update. However, several of the larger staged developments have had as-built plans submitted for various stages and these are keeping the team busy.
6.2 Pro-active steps are being taken, in consultation with the Programme Delivery team, to see that our contract wording for capital works supports the as-built data expectations and requirements. We hope to see an improvement in this area in the coming year.
6.3 Two sets of consultants will be on site in July to define how Confirm and GIS products can integrate better. This will give us opportunities to display assets better as well as more efficient and timely updates of asset data in Confirm.
Asset Data Project Summary
Project Description Status Comments
TARDIS Build 3.0
Tracking and Reporting of Developments, Infrastructure and Subdivisions
On track A new “Whiteboard” system is being developed to run in conjunction with the TARDIS.
Asset systems review
Review of asset systems across council
On track This project is proceeding in stages; the first stage is limited to processes and data in the Utilities area only. Workshops have been held with Utilities staff on outputs needed to achieve their work goals, and on level of detail required for various functions.
Sub-projects are now being defined and scheduled.
Development
6.4 The Council has recently uplifted the deferment over land in Richmond West to allow for some 138 residential dwellings. A further application is expected in six months’ time for an additional area encompassing around 300 lots. A number of subdivisions are continuing in the construction phase namely at the corner of Wensley/Bateup Roads, Hart Road and Hill Street and Lower Queen Street in Richmond, in Iwa Street, Mapua and Grey Street, Motueka.
6.5 The lack of water supply to Mapua was previously discussed and feasibility studies will be started in due course.
6.6 The Mapua Joint Venture development is continuing with the next stage (24 lots) which will see the upgrade of the Seaton Valley Road and Mapua Drive frontages to the subdivision.
This will involve the part reconstruction of the road humps at the start of Seaton Valley Road.
6.7 Engineering plan acceptance has been granted for developments at:
45 Kihilla Road for 12 residential lots;
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Talisman Heights, at Beaches and Bays (Kaiteriteri) for 28 residential lots; Mapua Inlets (first stage), 14 residential lots adjoining Iwa Street. This development is the first to use individual pump stations for wastewater reticulation.
Planning, Policy and Regulatory Group
6.8 Engineering Services staff have begun working with staff from across the Council on the project plan for the Long Term Plan 2018-28 and the associated review of the engineering activity management plans. Work on the initial phases is expected to commence later in 2016.
6.9 Staff are investigating options for improvement to the resource consent monitoring database and ongoing monitoring processes. A new system has the potential to significantly reduce staff administration time associated with consent monitoring and could provide an automated workflow and auditing process. If a new system is adopted, staff expect to fold the
“decluttering” process (see below) into the implementation of the new system.
Project Updates
Project Description Status Comments
Transportation: Strategic Policy and Research Tasman Speed
Management Plan
Development of a joint speed management plan with NZTA for Tasman District.
Behind schedule
Work is progressing well, although the extent of work required has become more apparent. New timelines have been considered by the RTC, which see the plan
approved for consultation in January and February 2017. Future reporting will be against this timeline.
District Car Parking
Strategy Review
Planning process – develop a strategy for management of parking resources in the district especially Richmond Town Centre, also TRMP parking requirements.
On track An initial workshop with the Council was held on 26 May 2016. A strategy will be drafted over the coming months for consideration in December.
Stormwater: Strategic Policy and Research Richmond
Catchment Management Plan (CMP)
Plan for management of quality and quantity of runoff in the Richmond catchments to support flood management and compliance with a discharge consent.
On Track Staff are preparing the draft CMP public summary which will be the public consultation document. Staff intend seeking approval to consult on the public summary at the Full Council meeting on 14 August 2016.
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Project Description Status Comments
Secondary Flowpath Management
An integrated set of initiatives to identify, formalise and protect secondary flowpaths.
On Track Involves Cross-Council co-
ordination. The current priority is to produce mapping by July 2016 to support the proposed plan change for Housing Choices in Richmond central.
Bylaws Traffic Control Bylaw
Full review of bylaw, including complete and up to date inventory of all traffic control device restrictions in the district.
On track Staff will present the draft bylaw for consultation approval at the Full Council meeting on 30 June 2016, a hearing is planned for August, and bylaw adoption at the Full Council meeting on 22 September 2016.
Water Supply Bylaw
Review of bylaw. On track Staff will present the draft bylaw for consultation approval at the
Engineering Services Committee meeting today, a hearing is planned for August, and bylaw adoption at the Full Council meeting on 22 September 2016.
Other Projects Development contributions review
Review development contributions policy, reviewing catchments, the way DCs are calculated, and intensive housing provisions.
On track Investigate work proceeding on system changes needed to implement any new system of catchments.
Regional Water Supply and Demand model (and maintain currency of information on urban water supply options).
A joint investigation with Nelson City Council as to the sub-regional water future demand and supply options.
On track Staff from both councils are working together to confirm the scope of the study, so joint commissioning of work can occur.
Further water related TRMP change
Working with E&P staff on proposed plan changes and
On track Staff have been briefed on Proposed Plan Change 63 to extend Waimea Community Dam related decisions.
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Project Description Status Comments implications for urbanwater supply.
Water Allocation Principles and Practice
Review and
confirmation of process and practice related to water allocation to maximise consistency and effectiveness.
On track Standard Operating Procedure for water connection and allocation processes under development.
Joint Land Development Manual
Common engineering standards/land
development manual for Nelson City Council and Tasman District
Council. Also requires changes to the two regional plans to give the new manual “effect”
under the RMA.
On track A stakeholder information session will be held on 6 July 2016 to give an overview of the changes to the LDM.
A question and answer session will canvass any issues that may arise with the pending draft changes.
Consent monitoring Set up consents and consent conditions monitoring database in NCS
All current consents and monitoring
requirements are recorded in NCS and the database provides a reminder system.
On hold System framework is in place.
Limited system capability and staff resources for proactive monitoring.
Staff are investigating improved database and monitoring options.
Consents
“decluttering”
Organise and purge (surrender) consents that are a one-off activity and have been completed.
On hold Approximately 400 ‘live’ engineering consents. Approximately 68% are noted as needing no further monitoring, 17% assigned a
monitoring framework and 15% are still to be assessed.
Designations Roading designation work
programme
Establish roading designation work programme and implement. Focused primarily on growth areas (around Richmond initially),
Not started Some preliminary work completed.
Next stage is to prepare scope statement and assign staff resources.
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Project Description Status Comments
main arterials and distributor routes.
7 Programme Delivery Project Status
Project Stage Total
Consent 1
Preliminary Design 20
Detailed Design 8
Procurement 2
Construction 14
Grand Total 45
8
ID Pending Tenders Estimated Upload
Date 1050 Richmond - Fauchelle Ave, Darcy Street, Florence Avenue Watermain
replacement
June 2016 1070 Richmond - Watermain Re-zoning - Cambridge Street and Wensley Road July 2016
967 Richmond - Queen Street Infrastructure July 2016
1058 Motueka - New Water Treatment Plant August 2016
1060 Richmond - Lower Queen Street Three Water Services Upgrade September 2016 1000 Kaiteriteri - Wastewater Pipeline Replacement October 2016
1057 Pohara - Stormwater Improvements October 2016
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ID Pending Tenders Estimated UploadDate 1067 Richmond - Seismic Assessment for Remediation of Water Assets October 2016 1069 Collingwood – Water Treatment Plant Upgrade November 2016 950 Kaiteriteri – Water Treatment Plant Treatment Upgrade January 2017 1071 Richmond - Washbourn Gardens Bypass Stormwater Pipeline July 2017 1072 Richmond - Gladstone Road Stormwater Diversion July 2017 1076 Richmond - McShane Road Intersection Safety Improvements July 2017
ID Out for Tender Closing Date
1064 River Maintenance 2016-2019 7 July 2016
ID Tender Evaluation Closed Date
1074 Professional Services for 3 Waters Operations & Maintenance Contract 31 May 2016 Tenders Awarded
No Tenders Awarded in May and June 2016
ID Name Project Description Gateway Project
Status Comments
950
Kaiteriteri WTP Treatment Upgrade
Upgrade treatment to meet New Zealand Drinking Water Standards
Preliminary
Design Land
Land negotiations are slow and delaying design. Property Group has been engaged to progress the land purchase.
1019 Wakefield New Water Source
New Water Source for Wakefield Community
Preliminary
Design On hold
Design work on hold until 16/17 funding is available. Land area formally acquired and easement agreements completed. Ongoing water bore monitoring.
1025 Waimea
Community Dam Water Storage Dam Preliminary
Design Cost
$25m funding in LTP.
Funding model to be confirmed
1039
Richmond Church Street Water Pipeline
Install a new water line to replace the existing while maintaining water to properties.
Preliminary
Design On hold
To be tendered in 2016/17 as part of the Richmond Stormwater upgrade project.
Complete Design.
1047 Richmond Bateup Road Widening
Reconstruction of Bateup Road to provide for growth
Preliminary
Design In concept plan stage.
1054 Takaka RRC Weighbridge
Install weighbridge and re-locate kiosk
Preliminary
Design Slow
Inspection of Nelson City Council York Valley Weighbridge is
complete. More funding is required to complete site work.