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MINUTES OF A MEETING OF THE WAIHEKE COMMUNITY BOARD HELD ON WEDNESDAY, 22 NOVEMBER 2006 AT 3:30PM

PRESENT:

Mr

Ray

Ericson

[Chairman]

Out 4:45pm start item 4.6.

In 5.10pm start 4.8

 

Miss

Kelly-Ann

Harvey

[Deputy Chairman]

 

Ms

Eileen

Evans

 

 

Mr

Herb

Romaniuk

From  4:15pmpart item 4.4

 

Mr

Tony

Sears

 

 

Councillor

Faye

Storer

 

 

 

 

 

 

ALSO PRESENT:

His Worship the Mayor

Dick

Hubbard ONZM

Left 9:05pm end item 17

 

 

 

 

 

  1. Top APOLOGIES

    Moved: Ericson / Sears

    That apologies for lateness from Board Member Romaniuk be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    Moved: Ericson / Evans

    That the minutes of the Waiheke Community Board meeting held on Wednesday, 25 October 2006 be confirmed as a true and correct record subject to the following amendments:

    Item 4.1 - Greywater recycling

    That the Board advises the General Manger City Development and the Manager Environment and Utility Management that it supports the idea that Auckland City should not charge a fee for a building permit for Greywater systems promoted by Craig Brown.

    Item 12 B - Proposal To Renew The Management Contract For The Waiheke Youth Hostel

    That the Board recommends to the Manager Property that the management contract for the Waiheke Youth Hostel be extended for a further 12 months period from 1 December 2006 to 30 November 2007 to Te Motu Arai Roa Limited, the present operator.

    CARRIED

    The meeting adjourned at 3.33pm to enable the Mayor to say a few words and reconvened at 3.35pm.

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    4.1. LIQUOR BANS - DEBORAH RATTRAY

    Deborah Rattray addressed the Board regarding the possibility of liquor bans on areas of Waiheke Island.

    Moved: Ericson / Evans

    1. That Deborah Rattray be thanked for her presentation regarding permanent overnight liquor bans on Waiheke Island.
    2. That the issue of Liquor bans raised by Deborah Rattray and the information tabled by her at the meeting be added to the agenda for the Board's consideration at its January 2007 meeting.

    CARRIED

    [ATTACHMENT 4.1]

    Item 4.3 was taken at this point.

    4.2. CINEMA UNDER THE STARS-JESH JASKIEWICZ

    Jesh Jaskiewicz spoke regarding issues surrounding the Cinema Under the Stars Events held on Waiheke Island.

    Moved: Ericson / Sears

    That Jesh Jaskiewicz be thanked for his presentation regarding Cinema Under the Stars.

    CARRIED

    4.3. GREYWATER RECYCLING - CRAIG BROWN

    Craig Brown was in attendance to address the Board regarding Grey Water recycling on Waiheke Island.

    Moved: Ericson / Sears

    That Craig Brown be thanked for his presentation regarding Grey Water recycling.

    CARRIED

    [ATTACHMENT 4.3]

    4.4. District Plan Submission Extension - Sean Deery

    Sean Deery spoke regarding the deadline for submissions to the proposed District Plan and the possibility of an extension of this deadline.

    Moved: Sears / Romaniuk

    1. That Sean Deery be thanked for his presentation to the Board regarding a possible extension to the deadline for District Plan Submissions.
    2. That the Environment, Heritage and Urban Form committee be requested to grant an extension of 8 weeks 8 to the 11 December 2006 deadline for submissions to the Waiheke section of the HGI district plan, to allow more time for summer residents to make submissions.

    CARRIED

    4.5. waiheke horse-riders group - mandy brown

    Mandy Brown, a representative of the Waiheke horse-riders group was in attendance to address the Board regarding horse-riding access to Okoka (Dead Dog) Bay.

    Moved: Sears / Romaniuk

    1. That Mandy Brown, representative of the Waiheke Horse-riders Group, be thanked for her presentation to the Board regarding horse-riding access to Okoka (Dead Dog) Bay.
    2. That the Board considers the submission from Mandy Brown under agenda item 17.

    CARRIED

    [ATTACHMENT 4.5]

    Item 4.2 was taken at this point.

    Chairman Ericson left the meeting at 4.45pm and deputy Chairman Harvey assumed the Chair.

    4.6. okoka bay (dead dog bay) - ross gillespie

    Ross Gillespie outlined issues surrounding Okoka (Dead Dog) Bay.

    Moved: Sears / Storer

    1. That the Board grants an extension of time for five minutes to  Ross Gillespie for his presentation.

    CARRIED

    Moved: Harvey / Sears

    1. That Ross Gillespie be thanked for his presentation to the Board regarding Okoka (Dead Dog) Bay and Island Bay and that this matter be referred to item 17 on this agenda

    CARRIED

    [ATTACHMENT 4.6]

    4.7. okoka bay (dead dog) bay - paul waLden

    Paul Walden addressed the Board regarding issues surrounding Okoka (Dead Dog) Bay.

    Moved: Harvey / Evans

    That Paul Walden be thanked for his presentation to the Board regarding Okoka (Dead Dog) Bay and that this matter be referred to item 17.

    CARRIED

    [ATTACHMENT 4.7]

    Chairman Ericson assumed the chair at 5.10pm after item 4.7.

    4.8. okoka bay (dead dog bay) - kay peterson

    Kay Peterson spoke regarding issues surrounding Okoka (Dead Dog) Bay.

    Moved: Sears / Harvey

    1. That the Board grants an extension of time for five minutes to  Kay Peterson for her presentation.

    CARRIED

    Moved: Ericson / Storer

    1. That Kay Peterson be thanked for her presentation to the Board regarding Okoka Bay (Dead Dog) Bay and that this matter be referred to item 17 on this agenda.

    CARRIED

    [ATTACHMENT 4.8]

    4.9. Cinema under the stars - Denise Bauer

    Denise Bauer was in attendance to address the Board regarding issues surrounding Cinema Under the Stars.

    Moved: Ericson / Harvey

    That Denise Bauer be thanked for her presentation to the Board regarding Cinema Under the Stars.

    CARRIED

    [ATTACHMENT 4.9]

    4.10. workshops on sustainability - chris wragge

    Chris Wragge was in attendance to address the Board regarding workshops on sustainability.

    Moved: Ericson / Sears

    That Chris Wragge be thanked for his presentation to the Board regarding workshops on sustainability and wastewater management.

    CARRIED

    4.11. open air cinema - URS Bauer

    Urs Bauer addressed the Board regarding the Open Air Cinema.

    Moved: Ericson / Sears

    That Urs Bauer be thanked for his presentation to the Board regarding the Open Air Cinema.

    CARRIED

    [ATTACHMENT 4.11]

    4.12. private use of public space - kay peterson

    Kay Peterson was in attendance to address the Board regarding private use of public space on Waiheke Island.

    Moved: Ericson / Sears

    That Kay Peterson be thanked for her presentation to the Board regarding private use of public space on Waiheke Island.

    CARRIED

    [ATTACHMENT 4.12]

  5. Top DEPUTATION - WAIHEKE COMMUNITY ART GALLERY

    Kay Peterson, a representative of the Waiheke Community Art Gallery spoke regarding issues surrounding the Art Galleries Lease.

    Moved: Ericson / Sears

    1. That Kay Peterson be thanked for her presentation, on behalf of the Waiheke Community Art Gallery regarding the Gallery's lease.
    2. That the Board endorses the following clause to be added to the draft Waiheke Community Art Gallery lease, subject to the commencement date being changed to read 1 July 2006:

    2.6 In the event that council exercises its rights under clause 2.5 council will provide the tenant with similar alternative premises equally suitable for the tenant's charitable/community activity. The council will also provide for and subsequently offer the tenant space of a similar size and nature equally suitable for the tenant's community activity in the redeveloped premises upon completion.

    2.6.1The council will grant the tenant a new community lease of the alternative premises and subsequently the redeveloped premises on similar terms to the original lease as if both parties were exercising their rights under clause 2 of the original lease.

    CARRIED

    The meeting adjourned at 6.30pm and reconvened at 7.10pm.

  6. Top REPORTS REQUESTED/PENDING

    Moved: Ericson / Evans

    That the reports requested/pending for November be received.

    CARRIED

  7. Top WAIHEKE LIBRARY, SERVICE CENTRE, ARTWORKS PROJECT - UPDATE REPORT

    Moved: Ericson / Sears

    That Jane Simmonds and Theresa Walsh be thanked for their presentation regarding the Waiheke Library, Service Centre, Artworks Project.

    CARRIED

  8. Top TRIG HILL AND WAIHEKE ROAD TRAFFIC PROBLEMS

    Moved: Ericson / Harvey

    1. That the report of the Traffic Engineer, dated 9 November 2006 regarding traffic issues on Trig Hill and Waiheke Road be received.
    2. That the Board supports findings of the investigations regarding signage and distinctive road marking as outlined in the report of the Traffic Engineer dated 9 November 2006 subject to the following change to the wording of the proposed signage:

    "Caution. Drive slowly! Narrow winding road. No footpath."

    CARRIED

  9. Top UPDATE ON RESOURCE RECOVERY AND COLLECTION METHODS FOR KERBSIDE RECYCLABLES

    Moved: Ericson / Sears

    That the resolutions from the 9 November 2006 meeting of the Works and Services Committee be received.

    CARRIED

  10. Top SCULPTURES ON WAIHEKE

    Moved: Ericson / Romaniuk

    That the correspondence from Joan Kirk dated 2 November 2006 regarding Sculptures on Waiheke be received.

    CARRIED

  11. Top 2006/07 SLIPS 'WASH UP'

    Moved: Ericson / Evans

    1. That the Board approves the following projects from the remainder of its 2006/07 SLIPs budget:

    Project Name

    Amount

    Spokesperson

    Sculpture on the Gulf Purchase and Installation

    $30,000.00

    Evans, Storer and Ericson
    1. That the Board forward allocates $7,000.00 from its 2007/08 SLIPs budget for the Sculpture on the Gulf Purchase and Installation project.
    2. That the Board deletes the Community Anti-Graffiti Mural from the SLIPs projects list and defers the Tui Street Manuka/Mako to Rata New Footpath project.

    CARRIED

  12. Top 2007/2008 SLIPS PROJECTS

    Moved: Ericson / Sears

    1. That the list of the proposed SLIPs projects for 2007/08 be received.
    2. That the Board members submit projects for scoping for consideration as 2007/08 SLIPs projects to the Ward Manager by 30 November 2006.

    CARRIED

  13. Top PROVISION FOR URGENT DECISIONS

    Moved: Ericson / Storer

    That the Chairman and the Deputy Chairman and in the absence of either, Board Member Sears, be delegated to make urgent decisions over the 2006/07 summer recess, with any decisions being reported to the Board's January 2007 meeting.

    CARRIED

  14. Top 2007/2008 ANNUAL PLAN DIRECTION SETTING [APDS]

    Moved: Ericson / Sears

    1. That the report of the Community Board Services Manager, dated 8 November 2006, be received.

    Moved: Storer / Harvey

    1. That the Board requests that project 662/174003, Waiheke Service Centre and Library, be amended so that $3,800,000 is used for the Artworks upgrade instead, because a community facility is urgently required on Waiheke for community and cultural well being, especially in view of the fact that the consultation process for the Artworks upgrade has already started, raising community expectations without an accompanying budget.
    2. That the Board requests that project 662/140058, Matapana Reserve Waiheke Novaloo W109 be brought forward to the 2006/07 financial year so that the work is completed urgently, rather than 2008/09, as the toilets pose a serious health hazard.

    Moved: Harvey / Ericson

    1. That the Board notes that the funding for project 492/00323, Kennedy's Point breakwater, derives from the Wharves budget and not capital expenditure.

    Moved: Sears / Ericson

    1. That the Manager, HGI Transport Assets and Operations be requested to provide a report to the Board regarding the proposed roading projects for Waiheke.

    CARRIED

  15. Top MAKING GOOD DECISIONS WORKSHOP

    Moved: Ericson / Evans

    1. That that the report and resolutions from the 9 November 2006 meeting of the Planning and Regulatory Committee be received.
    2. That this item be deferred to the Boards January 2007 meeting.

    CARRIED

  16. Top REMUNERATION PROCESS

    Moved: Ericson / Evans

    That the Board delegates a working party of Board Member Sears and Chairman Ericson to progressively consider information from the Remuneration Authority as it comes to hand and to work with the Business Support Manager to ensure Board opinion is available to the Remuneration Working Party.

    CARRIED

  17. Top OKOKA BAY/DEAD DOG BAY

    Moved: Sears/Romaniuk

    1. That the Board requests that the Chairman continue to chair the meeting during item 17.

    CARRIED

    Moved: Storer / Ericson

    1. That the Board does not endorse the recommendations in the report  of the Manager Parks and Streetscapes Services, dated 16 October 2006, and requests that the recommendations arising from the Board's workshop regarding Okoka Bay held on 15 November 2006 be progressed as follows:

    1.

    Auckland City Council Walkway sign at the entrance of Margaret Reeve Lane is on a roadside reserve, but directs the public over land that is not part of the easement. Therefore needs moving onto the fence that is on road reserve.

    Refer to Gary Wilton, Parks Officer for urgent action

    2.

    Request landowners to add the word 'public' before 'access to the beach' on the private landowners sign on the Peterson's gateway.

    Action - Ward Manager

    3.

    Current track on the outside of the Peterson's gateway on Margaret Reeve Lane goes onto the neighbouring private property and is not over easement (refer 1).

    Explanatory note

    4.

    The private gate at the entrance of the Margaret Reeve Lane walkway can be closed but not locked because right of easement goes down this area.

    Defer till February 2007

    5.

    Request the Parks Officer to put green-yellow marker poles along the line of easement where appropriate.

    Seek landowner consent - action Ward Manager

    6.

    The steps adjacent to the driveway/area of easement on the unsealed walkway going down to the beach are not on the easement. As such, the maintenance, upgrade etc of these is not the responsibility of the Council. As such, the steps do not need to be on the asset register since they are not a Council asset and not on the easement (action Gary).

    Refer to Gary Wilton, Parks Officer for information/action

    7.

    Easement appears to be to the right of the horse proof fence at the top of the driveway along the boundary with lot 11. If so, then part of the horse proof fence is blocking the easement. This is contrary to the easement policy and needs to be taken down (non-negotiable).

    Write to landowners - action Ward Manager

    8.

    Possible land swap of the ACC public land on the right hand side of Peterson's gateway with some/all of the triangular private land on the beach (lot 11) owned by the neighbouring landowners (action ASAP with property department)

    Refer resolution C of this item

    9.

    Department of Conservation notice on dog proof fence in beach area

    Letter to DOC - action ward manger

    10.

    Dog proof fence in front of the Robertson's land to remain. The land needs to be re-vegetated in appropriate indigenous species by Council rather than private garden planting.

    Refer to Gary Wilton, Parks Officer for action and

    Letter to DOC - action ward manger

    11.

    Also, put Department of Conservation notice on the fence to demarcate the boundary between the Robertson's property and the Reserve. Mark with tape and fence posts (or similar).

    Letter to DOC - action ward manger

    And

    Refer to Gary Wilton, Parks Officer for action

    12.

    Request Department of Conservation and Dr Andrea Julian (ACE) for an assessment of the ecological areas both under DOC ownership and in the Esplanade reserve with a written opinion on whether there is a justification to exclude the public or a walking track/no dogs can be created around the periphery of the reserve at the back (i.e. adjacent to private property) only not the beach front.

    Refer resolution D of this item

    And

    Letter to DOC- action Ward Manager

    13.

    Demarcate Peterson's boundary from the reserve (possible future action).

    Refer to Gary Wilton, Parks Officer

    14.

    Request the Manager Recreation and Community Services to approach the Pae Herenga Tangata to find out whether there is a Wahi Tapu in Okoka Bay area and if so does it exclude any public access to the reserve area.

    Refer resolution E of this item

    15.

    The Waiheke Community Board notes that there are no relevant rules to prevent landowners launching and retrieving boats across the Esplanade Reserve.

    Observation
    1. That the Property Manager be requested to assess and report back to the Board at its January 2006 meeting on the possibility of a land swap of the ACC public land on the right hand side of Peterson's gateway (Lot 12) at Okoka (Dead Dog) Bay with some/all of the triangular private land on the beach (lot 11) owned by the neighbouring landowners.
    2. That the General Manager City Development be requested to arrange for Senior Policy Analyst, Andrea Julian, to:
    1. Undertake an assessment of the ecological areas, both under DOC ownership and in the esplanade reserve at Okoka (Dead Dog) Bay
    2. Provide an opinion as to whether there is justification to exclude the public from the area of esplanade reserve behind the dog proof fence; and
    3. Advise whether a walking track/dog free area can be created abounf the periphery of the esplanade reserve, at the rear only, not the beach front (i.e. adjacent to private property)
    1. That the Manager Recreation and Community Services be requested to ascertain from Pae Herenga Tangata whether there is a Wahi Tapu in the Okoka Bay area and if so, whether it excludes any public access to the reserve area, and report back to the Boards January 2007 meeting.
    2. That the Manager Recreation and Community Services be requested to seek a legal opinion on the existing easement in gross over the Peterson Land, (Lot 12 DP185012) for the purpose of clarifying:
    • Whether this easement permits bridle paths; and
    • Whether or not a gate can be locked across the easement
    1. That a working party comprising all board members meet with the relevant Property Officers regarding Okoka Bay issues prior to the Christmas break that the Ward Manager be requested to arrange this meeting.
    2. That the Manager Recreation and Community Services be requested to investigate the possibility of identifying a budget for clearing the weeds in Okoka Bay and report back to the Board at its January 2007 meeting.

    CARRIED

  18. Top WAIHEKE LIBRARY, SERVICE CENTRE AND ARTWORKS: CONSULTATION STRATEGY - UPDATE REPORT

    Moved: Ericson / Harvey

    That the report of the Project Team Leader, dated 29 September 2006 and the resolutions of the 8 November 2006 Community Development and Equity Committee be received.

    CARRIED

  19. Top HAURAKI GULF ISLANDS GREY WATER DIVERSION OPTION

    Moved: Ericson / Harvey

    1. That the report of the Manager Water Planning, dated 17 October 2006 and the resolutions of the 2 November 2006 Works and Services Committee be received.
    2. That the Manager Water Planning be requested to provide an information memo advising the meaning of 'network consents projects' for the Board's January 2007 meeting.
    3. That the General Manager City Development be requested to provide an information memo advising the Board as to why Waiheke Island requires building permits for Grey Water systems when this is not required on the isthmus.

    CARRIED

  20. Top WAIHEKE PARKS SPOKESPERSONS GROUP

    Moved: Ericson / Sears

    1. That the minutes of the Waiheke Parks Spokespersons meeting, dated 6 November 2006 be received.
    2. That the Board supports the professional opinion relating to disabled access at Onetangi Hall as per the minutes of the Waiheke Parks Spokespersons meeting of 6 November 2006.

    CARRIED

  21. Top WAIHEKE RESIDENTS AND RATEPAYERS ASSOCIATION MINUTES

    Moved: Ericson / Sears

    That the minutes of the Waiheke Residents and Ratepayers Association meeting, dated 28 August be received.

    CARRIED

  22. Top PROPOSED AUCKLAND REGIONAL PEST MANAGEMENT STRATEGY 2007-2012

    Moved: Ericson / Sears

    That the Board forms a working party of Board Member Harvey to draft the Boards submission to the Proposed Regional Pest Management Strategy.

    CARRIED

  23. Top CHAIRPERSON'S REPORT

    Moved: Ericson / Evans

    1. That the report of the Chairman, dated November 2006 and the reports tabled be received.
    2. That the Board endorses the following clause to be added to the draft Artworks Theatre lease:

    2.6 In the event that council exercises its rights under clause 2.5 council will provide the tenant with similar alternative premises equally suitable for the tenant's charitable/community activity. The council will also provide for and subsequently offer the tenant space of a similar size and nature equally suitable for the tenant's community activity in the redeveloped premises upon completion.

    2.6.1The council will grant the tenant a new community lease of the alternative premises and subsequently the redeveloped premises on similar terms to the original lease as if both parties were exercising their rights under clause 2 of the original lease.

    CARRIED

  24. Top BOARD MEMBERS' REPORTS

    24.1. BOARD MEMBERS' REPORT - EILEEN EVANS

    Moved: Ericson / Sears

    That the report of Board Member Evans for November 2006 be received.

    CARRIED

    24.2. BOARD MEMBERS' REPORT - HERB ROMANIUK

    Moved: Ericson / Romaniuk

    1. That the papers relating to the proposed Noosa Plan be received as part of Board Member Romaniuk's report for November 2006.
    2. That Board Member Romaniuk make a presentation to the Board outlining

    CARRIED

    24.3. BOARD MEMBERS' REPORT - KELLY-ANN HARVEY

    Moved: Ericson / Evans

    That the verbal report of Board Member Harvey regarding the following and the tabled report dated November 2006 be received;

    • Regional Governance
    • Library and Artworks
    • Wharf and roading maintenance issues

    CARRIED

    [ATTACHMENT 24.3]

    24.4. BOARD MEMBERS' REPORT - TONY SEARS

    Moved: Sears / Evans

    That the verbal report of Board Member Sears regarding the following be received;

    • Invitation to meet with Police
    • Waiheke Web Portal/Blog site
    • Signs
    • Wastewater meeting

    CARRIED

  25. Top COUNCILLORS' REPORTS

    25.1. COUNCILLORS REPORT - FAYE STORER

    Moved: Ericson / Sears

    That the report of Councillor Storer for November 2006 be received.

    CARRIED

  26. Top WAIHEKE POLICE REPORT

    Moved: Ericson / Evans

    That the reports dated 29/10/06-5/11/06 & 5/11/06-12/11/06 and the tabled report dated 12/11/06-19/11/06 be received.

    CARRIED

    [ATTACHMENT 26A]

  27. Top GROUP ACTIVITY REPORTS

    Moved: Ericson / Evans

    That the Group Activity Reports for October 2006 be received.

    CARRIED

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

    Moved: Ericson / Sears

    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 are as follows:

    Item No.

    General subject of each matter to be considered

    Reason for passing this resolution in relation to each matter

    Ground(s) under section 48(1) for the passing of this resolution

    C1.

    Notice of Requirement: Owhanake Wastewater Treatment Plant

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C2

    Septic Tank Sludge Disposal Options For Waiheke Island

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    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 are as follows:

    Item No.

    Reason to withhold information under section 7

     

    C1.

    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.

    [Section 7(2)(b)(ii)]

    C2.

    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.

    [Section 7(2)(b)(ii)]

    CARRIED

    There being no further business the Chairman declared the meeting closed at 10:00 pm.
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