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Waiheke Community Board
Back to contents AGENDA ATTACHMENTS

OPEN AGENDA

I hereby give notice that a meeting of the

WAIHEKE COMMUNITY BOARD

will be held as follows:

DATE: Wednesday, 22 September 2010
TIME: 3:45 pm
VENUE: The Boardroom
  The Waiheke Service Centre
  10 Belgium Street
  Ostend
  Waiheke Island
Janine Geddes
Democracy ADVISOR

Members:

Mr Tony Sears Chairperson
Mr Herb Romaniuk Deputy Chairperson
Ms Eileen Evans
Mr Ray Ericson
Mr Nobilangelo Ceramalus
Hauraki Gulf Islands Councillor:
Cr Denise Roche

DECLARATIONS OF CONFLICT OF INTEREST

Elected Representatives are reminded of their obligation to maintain a clear separation between their personal interests and their duties as an elected member of the Council.

Elected representatives should therefore be vigilant to stand aside from decision making when a conflict (or a perceived conflict) arises between their role as an elected representative and any private or other external (either pecuniary or non-pecuniary) interest they may have.

Any interests should be declared at the commencement of consideration of any item on this agenda and the member concerned abstain from voting or discussion on the item, or leave the room for the duration of its consideration.


  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Waiheke Community Board meeting held on Tuesday, 31 August 2010 to be confirmed as a true and correct record.

  3. Top EXTRAORDINARY BUSINESS

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
    (a) The local authority by resolution so decides; and
    (b) The presiding member explains at the meeting at a time when it is open to the public,-
      (i) The reason why the item is not on the agenda; and
      (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting."
    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "Where an item is not on the agenda for a meeting,-
    (a) That item may be discussed at that meeting if-
      (i) That item is a minor matter relating to the general business of the local authority; and
      (ii) The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
    (b) no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."
  4. Top PUBLIC FORUM

    A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

    The following requests have been received to address the meeting:

    4.1. PUBLIC FORUM - GRANT OF COMMUNITY LEASE, ARTWORKS THEATRE BUILDING, ARTWORKS COMPLEX REPORT - COLIN BEARDON

    Colin Beardon will be in attendance to address the Board regarding the 'Grant of community lease - Artworks Theatre Building, Artworks Complex, 2-4 Korora Road, Oneroa, Waiheke Island' report, which will be considered at item 15 of this report.

    Recommending that Mr Beardon be thanked for his presentation.

  5. Top BOARD MEMBERS' REPORT

    Providing Board members' with the opportunity to update the Board on the projects and issues they have been involved with since the last meeting.

    Note: this is an information item and if Board members' wish any action to be taken under this item, a written report must be provided for inclusion on the agenda.

    5.1. REPORT FROM NOBILANGELO CERAMALUS

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching the response from Council, dated 25 August 2010, to the request from Board member Ceramalus, for information under the Local Government Official Information and Meetings Act 1987 (LGOIMA) on projected revenue, for the information of the Board.

    Recommending that the correspondence be received.

    [ATTACHMENT 5.1]

    5.2. REPORT FROM RAY ERICSON

    J Geddes  
    Democracy advisor 13 September 2010

    Board member Ericson will provide a verbal report at the meeting.

    5.3. REPORT FROM EILEEN EVANS

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching a report from Board member Evans, and the minutes from the Waiheke parks spokesperson forum held 30 August 2010, for the information of the Board.

    Recommending that the report from Board member Evans, and the minutes from the Waiheke parks spokesperson held 30 August 2010, be received.

    [ATTACHMENT 5.3]

    5.4. REPORT FROM HERB ROMANIUK

    J Geddes  
    Democracy advisor 13 September 2010

    Board member Romaniuk will provide a verbal report at the meeting.

  6. Top COUNCILLOR'S REPORT

    J Geddes  
    Democracy advisor 13 September 2010

    Providing Councillor Roche with the opportunity to update the Board on projects and issues she has been involved with since the last meeting.

    Note: this is an information item and if the Councillor wishes for any action to be taken under this item, a written report must be provided for inclusion on the agenda.

    Attaching the 'Moving towards a clutter free Auckland' report, considered at the City Development Committee meeting held 9 September 2010, for the information of the Board.

    Recommending that the report of the Group manager, Urban design group, dated 24 August 2010, be received.

    [ATTACHMENT 6]  
  7. Top CHAIRPERSON'S REPORT

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching the following documents, for the information of the Board:

    • Correspondence from Waiheke Wharf to Wharf Fun Run Inc, dated 7 September 2010;
    • Local boards update presentation to the Community Board Chairs' forum, held 8 September 2010;
    • Waiheke Community Board - legacy document.

    Recommending that the above documents, as listed, be received.

    [ATTACHMENT 7]  
  8. Top REPORTS REQUESTED/PENDING

    J Geddes  
    Democracy advisor 13 September 2010

    Advising of reports requested and pending.

    Recommending that the report of the Democracy advisor, dated 13 September 2010, be received.

    [ATTACHMENT 8]  
  9. Top GROUP ACTIVITY REPORTS

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching the group activity reports for the August 2010 period, for the information of the Board.

    Recommending that the group activity reports for the August 2010 period, be received.

    [ATTACHMENT 9]  
  10. Top SLIPS DECISION REPORT

    R Court  
    SLIPs project portfolio leader 16 September 2010

    Attaching a report outlining SLIPs proposals for consideration by the Board, including a summary of the current SLIPs projects.

    Recommending that the Board considers the allocation of funding for the proposals within the report of the SLIPs project portfolio leader, dated 16 September 2010.

    [ATTACHMENT 10]  
  11. Top SLIPS PROGRAMME UPDATE - SEPTEMBER 2010

    J Goh  
    SLIPs programme leader 8 September 2010

    Attaching a report which provides a summary of the current SLIPs projects and an overview of the Board's SLIPs financial status.

    Recommending that the memorandum of the SLIPs programme leader, dated 8 September 2010, be received. Further recommending that the Board note the thanks from the SLIPs team to the Board and Democracy services advisors for their work alongside them on the 3-year SLIPs programme.

    [ATTACHMENT 11]  
  12. Top WAIHEKE STREAM PROJECT UPDATE

    S Tang  
    Environmental health specialist, water quality & contaminated sites 15 September 2010

    Attaching a memorandum providing an update on the latest test results for Little Oneroa stream and investigation progress of the Simon Place stream site, as requested by the Board at their meeting held 25 August 2010.

    Recommending that the memorandum of the Environmental health specialist, water quality & contaminated sites, dated 15 September 2010, be received.

    [ATTACHMENT 12]  
  13. Top WAIHEKE ISLAND WORK PROGRAMME PRIORITIES 2010/2011

    R Cuthers  
    Hauraki Gulf Islands transport manager 9 September 2010

    Attaching a report on the Waiheke transport work programme priorities for 2010/2011, including new footpaths, seal extensions, re-sealing, and road rehabilitation sites, noting that the top priority for each category will be constructed as funds become available.

    Recommending the board approve the work programme priorities for 2010/2010 as set out within the report.

    [ATTACHMENT 13]  
  14. Top GRANT OF COMMUNITY LEASE - ARTWORKS THEATRE BUILDING, ARTWORKS COMPLEX, 2-4 KORORA ROAD, ONEROA, WAIHEKE ISLAND

    K O'Neill  
    Lease coordinator 10 September 2010

    Reporting on the proposed granting of a new lease to The Artworks Theatre Inc, at Artworks Complex, 2-4 Korora Road, Oneroa, Waiheke Island.

    A report was considered by the Board at its meeting held 25 August 2010, and resolved as follows:

    "That the Waiheke Community Board requests the granting of a new community lease for the Artworks Theatre Building be postponed due to the inaccuracies in the report and to allow the Artworks Theatre Incorporated sufficient time to read and respond to the report, and that it be reported back to the Waiheke Community Board for their recommendation."

    This report responds to the above resolution from the Board.

    Recommending that the Board approves:

    • the dissolution of lease to Waiheke Island Community Artworks Charitable Trust for Artworks Theatre Building as at 30 September 2009
    • a deviation from the Community and Recreation Lease Policy's requirement to advertise available community space
    • the granting of a new lease to The Artworks Theatre Inc. on the following terms and conditions:
      1. Term - five years commencing 1 October 2009;
      2. Rights of renewal - two rights of renewal each of five years;
      3. Rent - $500.00 + GST per annum with an annual review of the group's rent for the first five years in order to ascertain whether the group remain on a fully subsidised lease rental or whether they trigger the hybrid lease category (generating commercial revenue over the threshold of $100,000 per annum). This rent review is to assess their commercial revenue in line with the Community and Recreation Lease Policy.  The rent will then be reviewed every three years thereafter until the lease reaches its final termination date;
      4. All other terms and conditions per Auckland City Council's Community and Recreation Lease Policy.
    [ATTACHMENT 14 & 14A]  
  15. Top RESOLUTIONS FROM TRANSPORT COMMITTEE - ROAD STOPPING, MAN O'WAR BAY ROAD, WAIHEKE ISLAND

    J Geddes  
    Democracy advisor 13 September 2010

    At its meeting held 2 September 2010, the Transport Committee resolved as follows:

    1. "That in order to comply with the requirements of the High Court Order of 19 August 1997 and the Order of the Court of Appeal of 17 April 2000, and the requirements of the Registrar-General of Land pursuant to Section 116 of the Public Works Act 1981, the Transport Committee consents to the stopping of the areas of road described as follows:
      1. Section 1 SO 50178 being land adjoining Part Allotment 65 Waiheke Parish shown coloured green on SO 50178 of 6505mē.
      2. Section 2 SO 50178 being land adjoining part Allotment 74A and Allotment 120 Waiheke Parish shown coloured green on SO 50178 of 2519mē.
      3. Section 1 SO 50179 being land adjoining Part Land Claim 377 shown coloured green on SO 50179 of 1.8739ha.
      4. Section 1 on SO 50180 being land adjoining Part Land Claim 377 shown coloured green on SO 50180 of 7778mē.
      5. Section 2 on SO 50180 being land adjoining Part Land Claim 377 shown coloured green on SO 50180 of 1.0034ha.
      6. Section 3 on SO 50180 being land adjoining Part Land Claim 377 shown coloured green on SO 50180 of 468mē.
      7. Section 23 SO 406710 being land adjoining Part Land Claim 377 shown on SO 406710 of 50mē.
      8. Section 24 SO 406710 being land adjoining Part Land Claim 377 shown on SO 406710 of 58mē.
      9. Section 25 SO 410439 being land adjoining Part Land Claim 377 shown on SO 410439 of 2672mē.
      10. Section 26 SO 410439 being land adjoining Part Land Claim 377 shown on SO 410439 of 954mē.
    2. That the Transport Committee further recommends to the Minister of Lands that the titles for the stopped road be vested in the adjoining landowner and amalgamated into the adjoining titles, as provided for in Sections 117(1) and (3) and Section 120 (3) of the Public Works Act, to avoid the issuing of many small irregularly - shaped titles.
    3. That the resolutions and reports be referred to the Waiheke Community Board for their information."

    Recommending that the report of the Property officer, dated 11 August 2010, and the resolutions from the Transport Committee meeting, held 2 September 2010, be received.

    [ATTACHMENT 15]  
  16. Top CORRESPONDENCE RECEIVED

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching correspondence from Auckland City Council, dated 15 July 2010, and Telecom, dated 31 August 2010, regarding Waiheke Island cell site on Cory Road, for the information of the Board.

    Recommending that the correspondence be received.

    [ATTACHMENT 16]  
  17. Top WAIHEKE POLICE REPORTS

    J Geddes  
    Democracy advisor 13 September 2010

    Attaching Waiheke Police reports, as listed below, for the information of the Board:

    • 16 August 2010 - 22 August 2010;
    • 23 August 2010 - 29 August 2010;
    • 30 August 2010 - 5 September 2010;
    • 6 September 2010 - 12 September 2010.

    Recommending that the Waiheke Police reports, as listed above, be received.

  18. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Janine Chisholm  
    Democracy Advisor 17 Sep 2010
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    That the public be excluded from the following part(s) of the proceedings of this meeting.

    The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

    This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

    Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Particular interest(s) protected (where applicable) Ground(s) under section 48(1) for the passing of this resolution
    C1 Proposal for reserve purchase Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(i)

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, currently negotiating with property owner for purchase, confidentiality will ensure that best price gained. Loss of confidentiality will affect negotiations.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.