Performance and Monitoring

Komiti Whakahaere

 

 

 

 

 

 


PM20-4

Tuesday, 21 July 2020

Council Chambers

Barkes Corner, Tauranga

9:30am

 

 

 

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

Performance and Monitoring Committee

 

Membership

Chairperson

Cr Thwaites

Deputy Chairperson

Cr Murray Grainger

Members

Mayor Garry Webber

Cr Grant Dally

Cr Mark Dean

Cr James Denyer

Cr Anne Henry

Cr Christina Humphreys

Cr Monique Lints

Cr Kevin Marsh

Cr Margaret Murray-Benge

Cr John Scrimgeour

Quorum

6

Frequency

Six weekly

 

Role:

 

·           To monitor and review the progress of the Council’s activities, projects and services.

 

Scope:

 

·           To monitor the operational performance of Council’s activities and services against approved levels of service.

·           To monitor the effectiveness of Council, community and agency service agreements / contracts.

·           To monitor the implementation of Council’s strategies, plans, policies and projects as contained in the Long-Term Plan or Annual Plan.

·           To monitor Community Service Contract performance, set service delivery requirements and receive annual reports from service delivery contractors.

·           To review and monitor agreements between Tauranga City Council and Western Bay of Plenty District Council and recommend to the respective Councils any changes to agreements, as appropriate.

·           To monitor performance against the Priority One approved contract.

·           To monitor performance of Council Controlled Organisations (CCO’s) against their Statement of Intent, including Tourism Bay of Plenty’s Statement of Intent and make recommendations to Council on matters relating to CCO’s.

·           To monitor the on-going effectiveness of implemented joint projects, plans, strategies and policies with Tauranga City Council.

·           To monitor performance against any Council approved joint contracts with Tauranga City Council and/or other entities.

·           To monitor performance and outcomes relating to:

-       seal extensions and unsealed road maintenance

-       community halls and facilities.

·           To report to Council financial outcomes and recommend any changes or variations to allocated budgets.

 

 

 

Power to Act:

 

·           Subject to agreed budgets and approved levels of service, to make decisions to enable and enhance service delivery performance.

 

Power to Recommend:

 

·           To make recommendations to Council and/or any Committee as it deems appropriate.

 

Power to sub-delegate:

 

The Committee may delegate any of its functions, duties or powers to a subcommittee, working group or other subordinate decision-making body, subject to the restrictions on its delegations and provided that any sub-delegation includes a statement of purpose and specification of task.

 

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

Notice is hereby given that an Performance and Monitoring Meeting will be held in the Council Chambers, Barkes Corner, Tauranga on:
Tuesday, 21 July 2020 at 9:30am

 

Order Of Business

1          Present 5

2          In Attendance. 5

3          Apologies. 5

4          Consideration of Late Items. 5

5          Declarations of Interest 5

6          Public Excluded Items. 5

7          Public Forum.. 5

8          Presentations. 5

9          Reports. 6

9.1            Priority One Update - 2019-2020. 6

9.2            Group Manager Finance and Technology Services Exception Report May 2020. 7

9.3            Schedule of Payments for the Months of May and June 2020. 17

9.4            Omokoroa Pavilion. 18

9.5            Policy, Planning and Regulatory Services Update. 22

9.6            Operational Risk Report July 2020. 28

9.7            Infrastructure Services Report Performance & Monitoring Committee July 2020. 31

9.8            Western Bay of Plenty District Council REG RCA Report 41

9.9            PANEPANE WHARF CONDITION & REPAIR OPTIONS INFORMATION REPORT. 44

10       Information for Receipt 63

11       Resolution to Exclude the Public. 64

11.1          Operational Risk Report July 2020 CONFIDENTIAL. 64

11.2          Council Contracts Awarded Or Renegotiated For The Month Of May 2020. 64

 

 


1            Present

2            In Attendance

3            Apologies

4            Consideration of Late Items

5            Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

6            Public Excluded Items

7            Public Forum

A period of up to 30 minutes is set aside for a public forum. Members of the public may attend to address the Board for up to five minutes on items that fall within the delegations of the Board provided the matters are not subject to legal proceedings, or to a process providing for the hearing of submissions. Speakers may be questioned through the Chairperson by members, but questions must be confined to obtaining information or clarification on matters raised by the speaker. The Chairperson has discretion in regard to time extensions.

Such presentations do not form part of the formal business of the meeting, a brief record will be kept of matters raised during any public forum section of the meeting with matters for action to be referred through the customer contact centre request system, while those requiring further investigation will be referred to the Chief Executive.

8            Presentations


Performance and Monitoring Meeting Agenda

21 July 2020

 

9            Reports

9.1         Priority One Update - 2019-2020

File Number:           A3786966

Author:                    David Pearce, Community Manager

Authoriser:             Miriam Taris, Chief Executive Officer

 

Executive Summary

A Priority One representative will speak to the Priority One service delivery contract and the draft annual report. The Priority One Annual Report will be presented at a later date. An update will also be provided on progress on the Digital Enablement Plan, including support of the Katikati Regional Digital Hub.

 

Recommendation

1.       That the Community Manager’s report titled “Priority One Update – 2019-2020” dated 21 July 2020” be received.

 

 

Background

1.         Priority One have an annual service delivery contract with Western Bay of Plenty District Council.  The contract is based on delivery of shared objectives and outcomes with Tauranga City Council. Priority One’s draft annual report will be discussed.

2.       Priority One also has an agreement with Council to implement the Digital Enablement Programme.  Priority One have previously given updates to Council on this work, through the Community Committee. 

3.       Two key focus areas of the Digital Enablement Programme are addressing the digital divide (ensuring community have access to digital technology) and building skills and capacity (for both local businesses and the wider community).  A key action was to progress the Regional Digital Hub in Katikati. 

4.       The joint application, between Council and Priority One, to the Provincial Growth Fund for the Regional Digital Hub in Katikati was successful, with $400,000 being granted over a 5-year period. Priority One and Council are now looking at the next steps in ensuring the success of the Hub, and further implementation of the Digital Enablement Programme.

5.       The audited Priority One Annual Report will be presented to a future Performance and Monitoring Committee meeting.

 

   

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.2         Group Manager Finance and Technology Services Exception Report May 2020

File Number:           A3785643

Author:                    Kumaren Perumal, Group Manager Finance and Technology Services

Authoriser:             Kumaren Perumal, Group Manager Finance and Technology Services

 

Executive Summary

1.       This report is to inform Councillors on important issues relating to Council’s finances.  This report is prepared on an exception basis and includes both positive and negative variances to Council plans, projects and business operations.

 

Recommendation

1.       That the report titled ‘Group Manager Finance and Technology Services Exception Report May 2020’ be received.

 

Key Financial Performance Indicators for the eleven months ended 31 may 2020

2.       Debt

Total external debt balance at 31 May 2020 was $110.0m. Council’s net debt balance was $67.5m at the end of the reporting period which represents a $12.5m reduction from the June 2019 balance of $80m. Council had a positive cash position of $42.5m at 31 May 2020.

3.       Interest Rate Swaps

Council’s total debt covered by interest rate swaps at 31 May 2020 was 55%. This level of coverage is within the required policy range of 50%-95%. At 31 May 2020 Council held interest rate swaps totally $96.5m. Council was in compliance with all of its key financial ratios at the end of the reporting period.

 

Key Financial Issues for the eleven months ended 31 may 2020

4.       Operating Income

Total income for the eleven months ended 31 May 2020 was $96.86m against a year-to-date budget of $92.05m. The $4.81m  higher income variance is largely due to favourable variances arising from the timing of receipt from rates and service charges ($1.94m), user fees ($816k), other income ($1.86m), sundry income ($352k), subsidies and grants (598k) and vested asset ($4.83m) revenue streams compared to budget, offset by lower than expected financial contribution revenue ($5.05m), external interest ($531k) in the same period.

 

5.       Operating Expenditure

Total expenditure of $81.39m was $507k lower than year-to-date budget of $81.90m. The expenditure variance is due to lower than budgeted spend for additional levels of service projects, interest and depreciation offset by higher than budgeted spend for operating costs.

 

6.       Capital Expenditure

Capital expenditure of $27.99m for the period was $2.36m higher than year-to-date budget of $25.63m. The expenditure variance is attributable to higher than budgeted spends in transportation expenditure offset by lower than budgeted spend in the recreation and leisure activity.

 

7.       Financial Contributions

Financial contributions income of $4.58m is $5.05m lower than the year-to-date budget of $9.62m. Financial Contribution revenue is forecast to be lower than budgeted for the 2019/20 year.  While revenue had been tracking below budget for a large portion of the year, the Covid-19 lockdown throughout March, April and May further disrupted the building and construction sectors, leading to lower productivity and building activity.  A number of additional developments remain on the periphery, however it is likely that these will spill over into the 2020/21 financial year.

 

8.       Ward and Development Trends Statistics (Attachment 1)

The Ward and Development Trends Statistics report (Attachment 1) highlights the level of subdivision activity within the District. There were 224 (2019: 701) new lots created for the twelve months to 30 June 2020 against a full year forecast of 287 (2019: 287). The current year number of actual new lots is significantly lower than the comparative reporting period due to developers paying financial contributions in advance during the previous year.

The following census area units have exceeded full year forecast for new lots created:

 

Census Area Unit

Actual New Lots

2019/20 Forecast new Lots

Waihi Beach

17

8

Athenree

5

1

Island View

2

0

Minden

26

15

Paengaroa

1

0

Pongakawa

9

5

 

The total number of residential and rural dwelling consents issued at 30 June 2020 is 364 against a full year forecast of 388 (or 94% of the projected consents). In Te Puke, 20 more dwelling consents were issued than projected.

The report also tables per census area unit, ward and zone, the comparison of the last three financial years between July 2018 and June 2020 and a comparison of the last three quarters for the 2019-2020 financial year for dwelling consents issued, additional lots created and additional lots proposed.

 

9.       CIO Technology update

Insight reporting tool

The Insight reporting system was launched in July 2019 and has successfully achieved its reporting objectives for the last twelve months. The system enables staff to provide a storyline around Council’s projects and processes to different audiences including Elected Members.  Information captured in the system provides a status update on projects and contains both financial and non-financial project data. 

 

Quarterly scorecard and project report tools

The technology team will present two reporting applications for the benefit of Elected Members at a future meeting:

·    Elected members’ Quarterly Scorecard - presenting both financial and non-financial project information for the previous financial quarter. This tool uses visual dashboards and reports via Microsoft’s Power BI app. The app is available to elected members on their Ipads.

 

·    Project query tool – search for projects based on a project title search feature (similar to Google). The search results will display the current status of a project reflecting the latest update made by staff. 

 

The Technology Team welcomes feedback from Elected Members on these reporting tools.

The technology update for the next Committee meeting will provide an overview of the status of technology projects for the 2019/20 financial year.

 

Website customer transactions update

The graphic below shows comparative customer website transactions for the period January to June 2020 and the effects of COVID-19 on property file, building and Lim transaction levels compared to 2019.

 

 

Attachments

1.       Growth Monitoring Statistics Report - June 2020  

 

 

 


Performance and Monitoring Meeting Agenda

21 July 2020

 


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Performance and Monitoring Meeting Agenda

21 July 2020

 

9.3         Schedule of Payments for the Months of May and June 2020

File Number:           A3788311

Author:                    Ian Butler, Finance Manager

Authoriser:             Kumaren Perumal, Group Manager Finance and Technology Services

 

Executive Summary

1.       The purpose of this report is for the Elected Members to receive the information on payments from ANZ Bank for the months of May and June 2020.

Background

2.       In accordance with the provisions of the legislation the following payments were made during the months of May and June 2020. Computer printouts listing all the vouchers issued over the period will be available for inspection if required.

 

Payment Summary – May 2020

 

                              $

Payment of Accounts

 

Direct Credits and Cheques

3,901,407.81

Direct Debits (salary payments)

1,186,029.25

Investments

10,000,000.00

Direct Debits (other accounts)

125,810.60

TOTAL

15,213,247.66

 

   

 

Payment Summary – June 2020

 

                              $

Payment of Accounts

 

Direct Credits and Cheques

9,541,641.33

Direct Debits (salary payments)

1,178,879.65

Investments

10,000,000.00

Direct Debits (other accounts)

965,821.34

TOTAL

21,686,342.32

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.4         Omokoroa Pavilion

File Number:           A3782123

Author:                    Nicole Silver, Legal Property Officer Transportation & Utilities

Authoriser:             Gary Allis, Deputy Chief Executive

 

Executive Summary

The Omokoroa Sports Pavilion is currently owned by Omokoroa District Sports and Recreation Society Incorporation (Sports Society), they will shortly be moving into the new pavilion, Library and Service Centre building and no longer require the old pavilion. They have offered it to Council for the sum of $1.00 subject to some criteria.

Community groups have been advocating for additional community building space in Omokoroa to cater for a growing demand.  This includes arts groups, youth, men’s shed, toy library.

An option to provide alternative community space is for Council to purchase the old Omokoroa Sports Pavilion for a nominal sum, relocate the building to a suitable location and refurbish it so it is fit for purpose.

The community is also seeking to retain the McDonnell Street building currently used as the library.

It is being recommended to the next Omokoroa Community Board meeting that a) the relocation and refurbishment of the pavilion and b) the retention of the McDonnell Street building are funded by the Omokoroa Town Centre Fund. This will required confirmation by Council due to operational cost implications.

 

Recommendation

1.       That that Committee approves the negotiation and purchase of the Omokoroa Sports Pavilion building from the Sports Society for a nominal sum.

a)   This recommendation is conditional upon funding approval from the Omokoroa Community Board for the relocation and refurbishment of the building, and

b)   A suitable location for the relocated pavilion being approved.

OR

2.      That the Council declines to purchase the Omokoroa Sports Pavilion

 

 

Background

The Sports Society’s lease states that Sports Society may be required to remove the building on the termination of the Lease. The Sports Society have indicated they are happy to sell the old pavilion to Council for $1.00, the letter confirming is attached as Attachment 1.

Possible cost to relocate and undertake a basic refurbishment of the old pavilion would be of the order of $250,000.00 subject to the need for any additional costs relating to building consenting requirements. This sum could reduce through the use of community input into the refurbishment.

A location for the pavilion has not been determined.  Options considered include on the Western Avenue Reserve near to the current entranceway, in the vicinity of the hall and toy library.  These and other options will be investigated if the purchase is approved and the Community Board funding approved.

Significance and Engagement

The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy in order to guide decision on approaches of engagement and degree of options analysis.  In making this formal assessment, it is acknowledged that all reports have a high degree of importance to those affected by Council decisions. 

In terms of the Significance and Engagement Policy, this decision is considered to be of low significance.

Engagement, Consultation and Communication

Interested/Affected Parties

Completed/Planned
Engagement/Consultation/Communication

Name of interested parties/groups

Omokoroa District Sport & Recreation Society Incorporated.

Omokoroa Community Board

Council

Planned

Completed

Tangata Whenua

 

N/A

General Public

 

N/A

 

Issues and Options Assessment

Option A

Negotiate with the Sports Society to purchase the building, relocate and refurbish the building for further community space

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

Further community space at another location could be utilised by another community organisation.

Omokoroa is a growing area and the community are calling for more community spaces.

 

Costs (including present and future costs, direct, indirect and contingent costs).

Costs of relocation and refurbishment for community benefit will need to be funded by Council or Omokoroa Community Board. A report will be presented to the next Community Board Meeting for the funding (to come from the Town Centre Fund).

Cost of relocation and basic refurbishment estimated to be of the order of $250,000.00 dependent on any building consenting requirements.

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

 

Location options may require consultation and consent approvals.

 

 

 

Option B

Status Quo, building to be removed by Sports Society upon lease being terminated

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

Building to be removed to an unknown location and may not be available for community purposes.

Costs (including present and future costs, direct, indirect and contingent costs).

No cost to Council

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

 

 

 

Statutory Compliance

Recommendations have no statutory compliance issues.

 

 

Funding/Budget Implications

Budget Funding Information

Relevant Detail

$1.00 purchase

$250,000.00 for relocation and restoration

Future maintenance costs

Purchase funded from operational budget

Funded from Omokoroa Town Centre budget if approved

 

Yet to be assessed

 

Attachments

1.       OSRS Letter to WBOPDC Re Purchase 8 July 2020  

 


Performance and Monitoring Meeting Agenda

21 July 2020

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.5         Policy, Planning and Regulatory Services Update

File Number:           A3771980

Author:                    Alison Curtis, Compliance and Monitoring Manager

Authoriser:             Rachael Davie, Group Manager Policy Planning And Regulatory Services

 

Executive Summary

1.       This report is to provide the Performance and Monitoring Committee with updates from the Regulatory Services teams.

Environmental Consents

2.       For the year to the end of April 2020 the Council have received 358 land use consents and 183 subdivision consents. In comparison to the same period in the previous year we had received 333 land use consents and 174 subdivision consents. The increase in the number of land use consents is driven by high numbers into Spring/Summer 2019.

3.       For March/ April 2020 we have seen a total of 66 land use and subdivision consent applications compared to 93 for the same two months last year, the reduction a consequence of the COVID-19 pandemic. There is a resurgence; however, we will need to ascertain whether this increase remains over the next few months.

 

 

 

 

4.       For the year to date, 81% of land use consent and 91% of subdivision consent applications have been processed within the statutory timeframe of 20 working days. Under COVID-19 restrictions, with our reporting staff working at home, we have managed productivity to 89% issued in 20 working days.

5.       Council’s Duty Planner service experienced a downturn from a typical level of 100 enquiries per week, dropping by two-thirds over the first few COVID-19 weeks while operating remotely. Over the last week, we have seen an increase back to pre-COVID-19 levels of enquiry.

6.       Council’s Land Information Memorandum (LIM) service experienced a significant downturn dropping to only 3 LIM’s per week being lodged over the first few COVID-19 weeks. We are already back to pre-COVID-19 levels of 20+ LIMs being received per week. For the year to-date, 100% of LIMs have been processed within statutory time.

 

 

7.       Elected Members will be aware of the $75Million Ōmokoroa Town Centre resource consent application by Jace Investments Limited. The land use consent application has been publicly notified and is open for written submissions until 17 July 2020.  The Council’s Senior Consents Planner will then move to evaluate the submissions, review technical reports and recommendations from Council’s technical staff. A robust planning effects-based analysis of the proposal with a recommendation will be made to a panel of Independent Hearing Commissioners later in the year.


 

building Consents

8.       For the year to the end of May 2020, Council has received 1,030 building consents. In comparison to same period in the previous year we had received 1,123.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.       Council carried out 11,459 site inspections for the year to the end of April 2020. In comparison, to the same period in the previous year, we carried out 11,563.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.     The drop in building consents received and inspections carried out reflects the impact of COVID-19 lockdown period.  Indications are that since the lockdown was lifted, the industry has largely got back on track and the volume of work is tracking to match the totals for the last financial year.

11.     The Building Team have carried out a detailed analysis to locate residential swimming pool fencing within the District, which has identified approximately 1,900 properties that may have swimming pools.  Under the Building Act 2004 the owners are required to have the systems to restrict access to their swimming pools audited every 3 years.

Development engineering

12.     The chart below shows the number of applications referred to Development Engineering (by the Environmental Consents and Building Consents teams) that have required a specialist engineering response. The report period considers the time that the tracking database has been operational i.e. 02 February 2020 to 26 June 2020.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Key Abbreviations:

RC                   Resource Consent (Subdivision / Boundary Adjustment)

RC Var           Resource Consent Variation (Subdivision / Boundary Adjustment)

LUC                Land Use Resource Consent

LUC Var         Land Use Resource Consent Variation

EDA                Engineering Design Approval

s223               s223 Resource Management Act (Survey Plan Approval)

s224               s224 Resource Management Act (Certification that consent conditions have been met)

BC                   Building Consent (Building Act)

13.     During COVID-19 alert levels 4 and 3, resource consent application referrals to Development Engineering remained consistent, however, s223 and s224 application referrals were slightly less. This is due to the inability for any party (internal or external) to attend sites during COVID-19 alert 4. Building Consent application referrals increased significantly, which can be attributed to the growing evolution of Development Engineering’s role within this activity area.

14.     The return to alert level 1 saw an increase of onsite works for many development sites across the District. Development Engineering are increasing its onsite presence to assist these developments to achieve a higher level of compliance. This results in a better quality of vested assets that Council will own and maintain on behalf of the community and offers a more efficient Building Consent process.

compliAnce and monitoring

Toe of the Dune Monitoring

15.     Compliance staff have completed Toe of the Dune monitoring for Waihi Beach and Pukehina Beach properties.  The monitoring is to determine the distance of beachfront properties from the base of the dune. 

16.     All properties monitored have consent conditions requiring removal or relocation of the dwelling and or buildings when the property beach frontage has diminished. Property owners are advised of the results and this information is available on LIM’s.

 

Metalco Te Puke Quarry Road

17.     Works are being undertaken on this site to change the existing metal recycling machinery (Drake Shredder) to that of a new plant.  Contact has been made with Council by surrounding property owners with concerns about the impact of the works.  Correspondence from the business owner is that the new machinery will reduce noise and general effects on neighbouring properties.  No consent has been made to Council for variation to the existing resource consent for the site.  Officers are currently preparing abatement documentation requiring a resource consent to be submitted for consideration.

 

Photo of the new plant:

 

 

 

 

 

 

 

 

 

 

 


 


          Photo of area where acoustic barrier removed:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


18.     The following abatement notices were served from 1 March 2020:

·     569, Reid Road - Breach of District Plan- Temporary activity non compliance for concert events (noise, traffic)

·     118, Capamagian Drive - Breach of District Plan - 4 dwellings within existing single dwelling and garage buildings

·     18, Raymond Avenue - Breach of District Plan - Structure within yard set back (less than 1.5m from neighbouring property).

·     245, Te Puna Station Road - Breach of District Plan - Unconsented works - creation of industrial lots (Te Puna Business Park).

 

 

 

   

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.6         Operational Risk Report July 2020

File Number:           A3786629

Author:                    Gary Allis, Deputy Chief Executive

Authoriser:             Gary Allis, Deputy Chief Executive

 

Executive Summary

To advise the Performance and Monitoring Committee about current items of operational risk, covering capital projects and operations.

If the risk outcome requires Council direction or approval, there will be a separate decision report for that item.

 

Recommendation

That the Deputy Chief Executive’s Report dated 21 July 2020 and titled Operational Risk Report July 2020 be received.

 

 

Background

Mayor Webber has requested that the Committee have a focus on operational risk in addition to its performance and monitoring responsibilities.

This report has been developed in response to that direction and the format is expected to be modified after feedback from the Committee.

The report does not cover the strategic and litigation risk that is reported to the Risk and Audit Committee.

The operational risk table has been developed to show:

•        Project or activity

•        Brief description of the risk and why it has arisen

•        Type of risk (e.g. timing, financial, service delivery)

•        Traffic light system

-    Green:         Operational item, for information

-    Orange:       Potential to escalate, Council needs to be aware

-    Red:             High risk, Council direction may be required

 


 

Topic and Description

 

Risk Type

Risk Level

Waihi Beach Wastewater

The SAS treatment pond liner has failed due to damage caused by a mechanical failure.  The liner had to be removed and needs to be replaced. 

Replacement of the liner requires de-sludging the settlement ponds and shifting the aerators and stirrers.

Constructing an additional storage pond and installing some temporary pipework and electrical cabling so that the wastewater can be continued to be treated in this temporary location. This will allow the main SAS Lagoon to be drained and repairs carried out.

The plant has been operating without a liner, replacement timing July/August.  Indicative cost $800,000.  Insurance claim being lodged. The insurance assessor has been appointed and meetings held.

 

Environmental breach of consent conditions.

 

Financial.

 

Increased risk of waste water pond bund failure

 

2 Mile Creek Bank Protection

The Tender will be issued to the contractors for pricing on 27 July with a four week tender period. An approximate start date will be around mid September.

Separate letters will be sent out to property owners seeking sign off on landowner entry forms, to allow construction to start.

Completion of works is anticipated to be completed by August 2021, however, this is reliant on the successful tender being able to complete works around the resource conditions, which limit access to the creek during September to November.

Timing

Cost

 

Omokoroa Road Urbanisation

NZ Transport Agency subsidy was approved for this project in December.  It is now proceeding to tender.  Due to the timing of the subsidy approval, the project budget will not be fully expended in 2019/2020 and physical works will now commence in the 2020/21 construction season.

 

Timing

 

Omokoroa Industrial Road

The timing of the industrial road is subject to landowner agreement.  This is in progress.  Construction is planned to occur in the 2020/21 construction season subject to land acquisition.

 

Timing

 

Covid 19 Implications on Work programme

The capital works programme has been affected by the Covid 19 Lockdown.  This impacts the delivery of the programme and the capex budget for the year will not be full expended.  There is potential for additional contractor claims due to the lockdown.  These are being assessed when lodged.

Timing

Cost

 

Solid Waste - Kerbside Collection Services Contract

The Kerbside collection services contract is currently being tendered jointly with Tauranga City Council. Tender Submissions have been received for various services on offer. Due to Covid-19 lockdown the tender process has been extended and it is anticipated that tender pricing will be known in July 2020.  Council will consider the tender in August 2020.

The tender price is a risk item.  Commodity prices for recycled materials is a risk item.

Financial

 

Transportation – LCLR Work Category

The Council strategy has been to utilise the NZ Transport Agency LCLR 3-year allocation over 2 years and seek an additional allocation for year 3 (2020/2021).  The application is currently under review by NZ Transport Agency.  If the application is unsuccessful, the 2020/21 roading programme will be reduced and a larger portion unsubsidised.

Financial

Timing

 

Omokoroa to Tauranga Cycletrail

The issue of pedestrian / cyclist conflicts and cyclist / vehicles at the entranceways on Borrell Road and Snodgrass Road has been raised.  A safety audit is underway.

Public Reaction

Safety

 

 

 

   

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.7         Infrastructure Services Report Performance & Monitoring Committee July 2020

File Number:           A3786165

Author:                    Gary Allis, Deputy Chief Executive

Authoriser:             Gary Allis, Deputy Chief Executive

 

Executive Summary

To monitor and provide updates to the Performance & Monitoring Committee on current projects, contracts and works programmes.

Recommendation

That the Deputy Chief Executives Report dated 21 July 2020 and titled Infrastructure Services Report Performance & Monitoring Committee July 2020 be received.

 

 

roading

Joint WBOPDC/TCC Road Safety Committee

Description: This project involves the delivery of Community Road Safety in partnership with Tauranga City Council, NZ Transport Agency, ACC, Police and the Regional Council. The community programmes relate to the use of alcohol, driving speed and the driving conditions, and Safe Travel programmes.

 

What’s Happened

Currently, no action plan has been produced.

LED Lighting Conversion

Description: Completion of the LED Lighting Conversion.

 

What's Happened

The LED lighting conversion will install a uniform lighting option throughout the District.  WBOPDC and WestLink are consulting with TCC, PowerCo and Horizons to identify areas where there is bespoke lighting in some subdivisions. Once these areas are identified, a report will be prepared for Council.

Identify all areas with bespoke lighting and prepare report for Council seeking direction.

What’s Next

LED luminaries currently in transport from Italy.  WestLink to provide programme of works in August.

No. 1 Road Walkway and Cycleway

Description: 2.5m wide shared use pathway from Te Puke Highway to Trevalyn's pack house.

 

What’s Happened

Survey work has been completed for the design to be progressed.

 

What’s Next

The design is being undertaken to accommodate the future road rehabilitation and widening.

 

 

Seal Extension

Description: Prioritised Seal Extension sites.

 

What's Happened

Seal extension sites in this year’s programme include: Mountain Road, Reid Road and Soldiers Road. The delivery of the full programme this year will be subject to funding availability.

 

Soldiers Road physical works have commenced.

 

Reid Road has been completed.

 

What’s Next

The Mountain Road seal extension is now expected to be delivered during the coming construction season, as it was delayed by the COVID 19 lockdown, however, it is expected to be sealed once the preparation has been completed.

 

ASSET & CAPITAL

CWS Reticulation Improvements - Fairlie Grove, Matahiwi Road and Wallace Road Watermain Renewals

Description: CWS Reticulation Improvements - including Renewal of existing water mains in Omokoroa to cater for growth.

 

What's Happened

The watermain renewal construction has been completed and the contractor is tidying up and finishing reinstatement.

 

What's Next

The project completion and wrap up will continue.

 

Eastern Water Reticulation improvements

Description: Renewal of water mains in the Eastern supply zone.

 

What's Happened

Comments from WBOPDC engineers have been incorporated in the design.

Arrangements and landowner consultation for the geotechnical investigations have been done.

 

What's Next

The geotechnical investigations are scheduled for the next two weeks, following which final adjustments to the design of pipe bridges will be done.

 

Highfields Stormwater Pond Development Trial

Description: Trial to convert the Highfields Stormwater Pond from a dry pond to a permanent wet pond/lake.

 

What’s Happened

The outlet has been lifted 0.5m in accordance with the consultant's report. The pond is full of water.  Monitoring occurring in accordance with the agreed programme.


 

Waihi Beach Pio Shores Stormwater

Description: Finding a solution for reducing flooding events within Bowentown / Pio Shores.

 

What’s Happened

Council engaged Tonkin & Taylor to investigate stormwater improvement options.  

 

The Tonkin & Taylor Stormwater Management report has been received and provided to the Pio Shores/Bowentown care group for circulation.

 

The project experienced delays due to consultancy resourcing and physical constraints under the COVID-19 lockdown.

What’s Next

Staff met with consultants on 8 July to confirm the project scope and requirements for the sand dune testing and the project outcomes and timeframes going forward. The sand dune testing needs to be completed and the results analysed to assess viability of the solutions and options discussed with the Pio Shores during last year’s community workshops.

At this stage staff won’t look to do any physical improvements until the results have been assessed.

Utilities

Kerbside Collection

Description: Complete ROI and RFP for procurement for kerbside collections.

 

What’s Happened

The evaluation team are in the process of assessing tender submissions and having supplier presentation meetings on non-price attributes. The tender process is behind due to Covid-19 and time-frames for tender program have changed significantly.  Now working towards presenting a decision making report to Elected Members in August 2020.

 

What’s Next

Tender evaluation team continuing with new tender program time-frames and working closely with tender suppliers.

Reserves

Dave Hume Swimming Pool - Annual Service Delivery Contract

Description: Annual payment of Service Delivery Contract for management of Dave Hume pool.

 

What's Happened

The pool is closed for winter.  

 

Minor maintenance items to the pool operating system have been undertaken during the winter shutdown period.  Paint defects will be addressed when the weather warms up.

 

What's Next

Any additional maintenance items will be completed in preparation for the next summer swim season

The Dave Hume Pool trust has been invited to the LTP 14 July workshop regarding the proposed draft aquatics strategy.


 

Island View Reserve (Albacore Ave) Upgrade Toilet/ Carpark

Description: Replacement of the existing toilet.

 

What's Happened

The toilet has been installed on site on 2 July. Trenching for the power has also been completed with connection scheduled on 6 July. Final concrete apron and concrete path connection to the playground to be completed by 10 July.

 

The toilet facility will be opened to the public by 20 July. 

 

What's Next 

An opening ceremony for the playground and toilet facility is planned for August 2020. Date to be finalised.

 

Moore Park New Sports Field 2020

Description: Moore Park New Sports Field 2020.

 

What's Happened

Unseasonably dry weather and the COVID-19 response has resulted in delays resulting in unsatisfactory turf establishment. 

 

Katikati Cricket have installed their clay wicket block.

 

Further clean-up activities have been undertaken in the upper area and has been seeded.

 

What's Next

Additional costs and time delays will be experienced before the new field can be used.  There is a possibility that the summer cricket planned by the local club may not go ahead if the turf is not sufficiently mature.

 

Omokoroa Reserves Projects - Kamai Views Stormwater Ponds and Plantings

Description: Omokoroa Reserves Projects - Kaimai Views Stormwater Ponds and Plantings.

 

What's Happened

Further plantings in and around the gully and pond systems have been undertaken with more yet to do in the new financial year. 

 

What's Next

Further plantings throughout the ponds and gullies will be undertaken in this new financial year.

 

District Reserves Erosion Protection  - Works

Description: District Reserves Erosion Protection Works.

 

What's Happened

Erosion protection works are currently being carried out along sections of the Omokoroa to Tauranga cycleway in the section near Lynley Park.

 

What's Next

Complete erosion protection works at selected locations along the Omokoroa to Tauranga cycleway.  No other erosion protection works planned at this stage.


 

Maketu Cemetery Extension

Description: Development of grazed paddock for cemetery burials.

 

What's Happened

COVID 19 halted the progress of this project. The Archaeology application to Heritage NZ has been submitted.

 

What's Next

Awaiting the Heritage NZ decision on the Archaeology Report and consult with iwi.

 

Omokoroa Domain - The Esplanade and Boat Ramp and Associated Facilities Project

Description: Capital development of Omokoroa Domain and boat launching facilities.

 

What's Happened

A workshop with the Community Board to discuss the draft playground concept plan has been held and the Board support the draft plan.

 

What's Next

Staff will prepare a report to the next Policy Committee to adopt the final concept plan including funding. 

 

Omokoroa Geology Land Stability Monitoring, Bore Drains and Maintenance

Description: Undertake Omokoroa Geology Land Stability Monitoring, Bore Drains and Maintenance.

 

What's Happened

A monitoring inspection was completed by geotech consultants in late June 2020.  

 

What's next

The Monitoring Report is being reviewed by staff.  Minor changes in slips were noted with no apparent cliff regression noted.  Water tables are generally down, although one reading appears inconsistent and will be further monitored.  All but one of the Ruamoana Vertical/Horizontal drains are dry.  

 

Omokoroa General Reserve Projects – Erosion Protection Bund

Description: Includes Omokoroa Golf Course Foreshore Erosion Protection Bund.

 

What's Happened

Due to the Covid-19 lockdown, very little progress was made to complete the erosion protection bund / shared path (subject to golf club funding) along the foreshore and Precious Reserve.

 

What's Next

Complete the erosion protection bund with the shared path along the foreshore and Precious Reserve, subject to external funding from the Golf Club.

 

Omokoroa Sports Ground - Council funded

Description: Council funded development of sports ground.

 

What's Happened

Due to covid-19 delays, no progress since the previous report although Pavilion construction has since resumed.

 

 

 

 

What's Next

Co-ordinate through the Strategic Property Manager (who is overseeing the pavilion building construction) and the Special Projects Manager to procure and construct the shared path connections between the playground, pavilion and Western Avenue, car-parking and landscape adjustments.  Council's commitment to the pavilion public toilets is financial only.

  

Opureora Marae Toilet - Service Delivery Cleaning Contract

Description: Service delivery contract for cleaning the toilets at Opureora Marae.

 

What's Happened

The toilet cleaning by two local residents is working well.

 

What's Next

No further action required.  

 

Panepane Point Reserve - Development

Description: Panepane Point Reserve Development.

 

What’s Next

A resurvey of the land titles is underway in order to capture the accretion and erosion of the land.

 

Park Road, Beach Road, Katikati Reserve Upgrade

Description: Engagement, prepare concept and construction.

 

What's Happened

Construction works are 80% complete - this includes the new path through the reserve, the roadside footpath, litterbin and drinking fountain.

 

What's Next

Completion of remaining works including seating and re-grassing (expected by end of July 2020).

Reserve naming process to be carried out later in 2020.

 

Discussions to be resolved with Katikati College horticultural department regarding a small garden plot for students to plant and maintain.

 

Artworks process (to add a mural design to the power box) is ready pending formal naming of the reserve.

 

Pohutukawa Reserve - Pavement and Interpretive Panels

Description: Pohutukawa Reserve - pavement and interpretive panels.

 

What's Happened

Council are currently working with relevant parties to create the interpretative panels. Paving around the toilet to provide better access is complete.

 

What's Next

Continue to work with the Waihi History group and others to provide the desired outcome.

 

Spencer Avenue (Maketu) - General Development

Description: Prepare land for development to enable sports activity and or a community facility.

 

What's Happened

Nautulis Contracting Ltd is preparing Resource Consent Application using the information from the Tonkin and Taylor report. 

What's Next

Resource Consent application will be lodged with Western Bay Council.

 

Tahataharoa Heritage Reserve Acquisition

Description: Acquire as agreed.

 

What’s Happened

Acquisition of the reserve has been completed.  Mulching of the stopbank around the perimeter of the reserve has been completed to provide access for wetland planning (by Pirirakau).

 

What’s Next

Staff continue to support the design planning processes in conjunction with Pirirakau and Regional Council.

 

Te Puke Aquatic Centre Service Delivery Contract

Description: Te Puke Aquatic Centre Service Delivery Contract.

 

What's Happened

No change from previous report due to covid-19.  The pool facility is now closed for winter.

 

The high pressure water jet clearing of the storm water infrastructure to remove any blockages is complete.

 

What's Next

Continue to review, prioritise and implement recommendations from the condition inspection & audit report and prepare a status / operational report about the Te Puke Aquatic Centre to the Performance & Monitoring Committee.

 

Minden Te Puna Neighbourhood Park

Description: Development of a reserve.

 

What’s Happened

The site visit for Minden Te Puna Neighbourhood Park was carried out during early February 2020. Staff walked the track to establish the requirements for this project. 

 

No further work has progressed due to the COVID 19 Lockdown.

 

What’s Next

Staff will engage contractors to plan and construct trail improvements in spring 2020.

 

Yeoman Walkway / Culvert / Erosion Protection

Description: Upgrade the culvert crossing along Yeoman Walkway.

 

What's Happened

A resource consent has been confirmed as not necessary by BOP Regional Council.

 

What's Next

Works will proceed when the ground is firm enough for machinery to access the site.

 

Kauri Point Reserve Road Slip

Description: Obtain consents and implement works to repair slip.

 

What's Happened

The works have been completed including replanting the slope.

 

What's Next

No further works required, the project is complete.

 

Athenree South Foreshore Reserves - Landscape Development

Description: Landscape Development.

 

What's Happened

Three rendezvous seats have been ordered and we are awaiting delivery. Once received, the seats will be placed into relevant locations where users can either sit to observe a view or take rest near a playground.

 

What's Next

Once Council receives the new seats, they will be placed into locations that either provide a view or place to rest.

 

Beach Road Reserve Waihi Beach - Signage and Bollards

Description: Landscape development bollards, paths and improvements.

 

What's Happened

The bollards have been installed.  Signage has not yet been installed due lack of a proper name for the reserve, which will require a formal naming process. 

 

What's Next

Reserve naming process to be established.

 

Signage for this reserve could be an opportunity for the design work currently underway that is producing a Waihi Beach Sign template for various reserve locations (eg, Pohutukawa Park).

 

Broadlands Block

Description: Development of Broadlands Block to meet community needs.

 

What's Happened 

The paths have been resurfaced and are complete.

 

What's Next

Council's Reserves and Facilities Manager, along with an independent consultant will assist the Waihi Beach Community Board and Broadlands Block Committee to develop the block further.

 

Cemetery Land Purchase & Development - West

Description: Acquire and develop additional land for cemetery/urupa.

 

What’s Happened

The next phase is underway for the selection of a consultant to complete the Design and Project Development phase.  This phase will be based on the investigation work as reported to date.

 

What’s Next

Discussion to occur with the hapu regarding the area for a urupa, the legal process and risks.


 

Coastal Marine Structures Renewals

Description: Review and implementation of renewals programme.

 

What's Happened

COVID-19 has delayed progress on the other 2019/20 renewal commitments, these include the Pukehina boat ramp, Kauri Point jetty and Waitui reserve timber wall.  

 

The substandard handrails at the new Opurerora jetty have been replaced.

 

What's Next

Resumption of other planned works will occur as soon as possible subject to contractor availability and weather.

 

Haiku Park - Develop Leased Area between Haiku Reserve, Donegal Place and Henry Road Cycle Trail

Description: Develop leased area previously used for grazing horses.

 

What's Happened

The current tenant who holds a grazing licence within the Donegal block of land has been given notice to vacate the site.  

 

What's Next

Once the grazing block has been vacated, the following works will proceed:

 

·    Installation of a new timber rail fence below number 22 Donegal place.

·    Reform the driveway access to the reserve from the cycle/walkway.

·    Relocate a steel gate to the newly formed reserve access. 

·    Plant the area between the new fence and 22 Donegal place with low growing native plants.

 

Island View Reserve - BBQ and Playground

Description: Planning and preparation for BBQ and playground.

 

What's Happened

The Community Board support the draft plan, and recommended to Council and the Policy Committee that the concept be adopted. 

 

What's Next

Staff to prepare a report to the Policy Committee for adoption of the draft plan for public consultation.

 

An archaeological application to Heritage New Zealand is being prepared.

 

Katikati Foreshore Reserves Walkway Extension

Description: Walkway extension.

 

What’s Happened

The path between Irwin Court and Francis Drive has been upgraded.

 

What’s Next

A concrete path will be added to this section in addition to a handrail on the new retaining wall.


 

ENGINEERING / SPECIAL PROJECTS

Katikati Bypass Investigation

Description: Investigations and planning for Te Puke Bypass

 

What's Happened

Report for Katikati Bypass as a Local Road was presented to the Performance and Monitoring Committee on 9 June 2020. Financial issues regarding impact on rates, debt, cost of borrowing, and potential road tolling were raised as part of a discussion on the scope of financial analysis for the project and the need for detailed financial information.

 

1. That the Committee noted that for the Katikati Bypass Local Road Option:

-      The expected cost is $68.7M 

-      The 95%ile cost is $79.9M

-      That NZTA engagement on the design and funding has not occurred

-      That the minimum Council share for a local road bypass would be 49% or $33.7M

-      That NZTA financial assistance has not been approved

 

2. The Committee agreed for the Council to proceed with a financial analysis for the local road bypass and that the matter be referred to the Long Term Plan and to the Regional Transport Plan for consideration and subsequent public consultation.

 

3. The report and the Committees direction be provided to the Katikati Community Board for their information.

 

What's Next

That Council to proceed with a financial analysis for the local road bypass and this project be referred to the Long Term Plan and to the Regional Transport Plan for consideration and subsequent public consultation.  Provide the report and the Committee’s direction to the Katikati Community Board for their information.

 

Staff are engaging with NZTA regarding details of the proposal, funding, approvals, land ownership, consenting and other matters.

 

Omokoroa Roading Structure Plan - Catchment Cycle and Walkways

Description:  Funding of Omokoroa Structure Plan through catchment for cycle and walkways - Western Avenue to Kayelene Place cycleway.

 

What's Happened

Hamurana Road Pedestrian/Cycleway project is 70% complete however, delayed due to COVID-19 lock down and inclement weather. Project will continue once the site becomes suitable for construction work. 

   

What's Next

Continue with the Hamurana Rd Pedestrian/Cycleway project once the site becomes suitable for construction work. 

   

MINUTE ACTION SHEETS (ATTACHMENT A)

 

 

   

 


Performance and Monitoring Meeting Agenda

21 July 2020

 

9.8         Western Bay of Plenty District Council REG RCA Report

File Number:           A3787053

Author:                    Jim Paterson, Transportation Manager

Authoriser:             Gary Allis, Deputy Chief Executive

 

Executive Summary

The attached Road Efficiency Group Report summarises the graphical presentation of information pertaining to the roading network.  This is the first attempt by the Road Efficiency Group to publish data in this format, which is being done nationally.

Background

The Road Efficiency Group consists of the New Zealand Transport Agency and Local Government.  The recent release nationally of the Road Efficiency Group reports for each authority uses mostly information captured and provided by each authority and this is being reported in graphical format summarising four years of information about the respective networks. 

The report sections topics include:

·    Activity Management

·    Service Performance

·    Transport Safety Outcomes

·    Co-Investor Assurance

·    Delivery and Achievements

·    Customer Outcomes

·    Territorial Activity

·    Technical Outputs

·    Network Physical Characteristics

 

Attachments

1.       2018-19 RCA Report - Western Bay of Plenty District Council  

 


Performance and Monitoring Meeting Agenda

21 July 2020

 



Performance and Monitoring Meeting Agenda

21 July 2020

 

9.9         PANEPANE WHARF CONDITION & REPAIR OPTIONS INFORMATION REPORT

File Number:           A3775347

Author:                    Scott Parker, Reserves and Facilities Projects Assets Manager

Authoriser:             Gary Allis, Deputy Chief Executive

 

Executive Summary

1.       The Council owned 40-year old wharf at Panepane, Matakana Island, is structurally failing due to its age and condition.

2.       Attachment 1 is a detailed condition inspection report, which provides repair options and indicative cost estimates.  Total replacement “like for like” is estimated at $1.85M, compared  to the LTP renewal funding allocation of $950,000 spread across years 2025/26 and 2026/27. 

3.       Although the level of service of the wharf is reduced compared to what it used to provide, decisions about the wharf’s future can be deferred to align with Panepane Point development decisions which are currently being worked through. 

4.       For now, the wharf remains safe for passengers embarking / disembarking but not safe for large vehicles such as buses.  Should the wharf deteriorate rapidly, raising public safety risk before any long term decisions are made, then it will be closed.   

Background

5.       The Panepane wharf was constructed by the Bay of Plenty Harbour Board in 1980, in response to access requirements at the time.  This wharf and many other coastal structures were divested to WBOPDC under the 1989 Local Government Reorganisation.

6.       The all timber wharf is used mainly for passenger embarkation / disembarkation daily by Matakana residents to ferry school children to and from Tauranga.  It is also used by the public and charter vessels for access to the Island and specifically Panepane Point and by recreational launches and yachts. 

7.       Necessary wharf repairs and costs have been increasing significantly over the last 5 years.  In 2019, following structural failure to a section of the main wharf head, a detailed condition inspection was undertaken (Attachment 1).  The inspection report considers several repair cost options ranging from do nothing to full “like for like” replacement.  Given the way in which it is used, it should be more cost effective to replace the wharf with a new fit for purpose design than a like for like replacement.  Any further repair expenditure needs to be considered carefully.

The type of replacement would need to be decided in consultation with the wharf users.

8.       Renewal funding is allocated from the Coastal Marine Asset Replacement Reserve Account, which is rates funded based on 50% of the annual depreciation calculated in order to minimise the annual rates impact were it 100% funded.  Consideration will be given to adjusting the % depreciation funding upwards during the 2021-2031 LTP.

All or part of the replacement costs could be funded from revenue from forestry on Panepane.

Attachments

1.       Panepane Wharf Detailed Condition Assessment 2019 (Tonkin & Taylor)  

 


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Performance and Monitoring Meeting Agenda

21 July 2020

 

10          Information for Receipt

Nil.


Performance and Monitoring Meeting Agenda

21 July 2020

 

11          Resolution to Exclude the Public

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

11.1 - Operational Risk Report July 2020 CONFIDENTIAL

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

11.2 - Council Contracts Awarded Or Renegotiated For The Month Of May 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7