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Waiheke Community Board
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MINUTES OF A MEETING OF THE WAIHEKE COMMUNITY BOARD

HELD ON WEDNESDAY, 22 OCTOBER 2008 AT 3:45PM

PRESENT: Mr Tony Sears Deputy Chairperson
  Mr Nobilangelo Ceramalus  
  Ms Eileen Evans Until 7.15pm
  Mr Herb Romaniuk  
  Councillor Denise Roche  

  1. Top APOLOGIES

    Moved: Sears / Evans

    That apologies from Chairman Ericson for non-attendance be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    Moved: Sears / Romaniuk

    That the minutes of the Waiheke Community Board meeting held on Wednesday, 24 September 2008 be confirmed as a true and correct record.

    CARRIED

    Secretarial note:

    Board member Ceramalus requested his vote against the motion be recorded.

  3. Top EXTRAORDINARY BUSINESS

    3.1 RATEPAYER DIFFERENTIALS AND DEFINITIONS

    Moved: Sears / Roche

    That the community board consider the item of ratepayer differentials and definitions as an extraordinary item :

    1. The reason the matter was not on the agenda is that it came to light after the agenda went to print.
    2. The reason for urgency being that any feedback from the community board can be considered when this item is heard at the LTCCP Direction Setting meeting in November.

    CARRIED

    The above matter was added as item 17 on the agenda.

  4. Top PUBLIC FORUM

    The Chairman moved:

    That item 4.4 and item 17 be taken at this point.

    CARRIED

    4.1. DOG-FRIENDLY BEACH AT OWHANAKE - MIKE TAYLOR AND CHRISTY RALPHS

    This item was withdrawn.

    4.2. WAIHEKE ISLAND PONY CLUB - MANDY BROWN

    Moved: ./.

    This item was incorporated into item 4.3.

    4.3. CHANGES TO PUBLIC PLACES BYLAW -  KATRINA POWELL, REPRESENTING WAIHEKE RIDING CLUB, AND BILL MACLEOD, REPRESENTING THE WAIHEKE ISLAND PONY CLUB

    Katrina Powell, representing the Waiheke Riding Club, and Bill Macleod, representing the Waiheke Island Pony Club, were in attendance to speak to the Board regarding the change to the public places bylaw regarding horse access in the Hauraki Gulf Islands.

    Moved: Sears / Romaniuk

    [ATTACHMENT 4.3]

    That Katrina Powell, representing Waiheke Riding Club, and Bill Macleod, representing the Waiheke Island Pony Club, be thanked for their presentation to the Board regarding the change to the public places bylaw regarding horse access in the Hauraki Gulf Islands, and request officers report back to the Waiheke Community Board clarifying horse access in public places due to the changes in the 2008 Public Places Bylaw.

    CARRIED

    4.4. RATEPAYER DIFFERENTIALS AND DEFINITIONS, AND RURAL ONE CLASSIFICATION - DELYS PAGE AND BERIN SMITH

    Moved: Sears / Evans

    Delys Page and Berin Smith, were in attendance to speak to the Board regarding the Ratepayer Differentials and Definitions report, and the proposed change to the differential rating group applying to the property at 1A Erua Road, Waiheke, from Rural 1 to Residential 1 classification.

    [ATTACHMENT 4.4]

    That Delys Page and Berin Smith be thanked for their presentation regarding the proposed change to the differential rating group applying to the property at 1A Erua Road, Waiheke, from Rural 1 to Residential 1 classification.

    CARRIED

    4.5. ROADSIDE DRAINAGE, STORMWATER MANAGEMENT - TONY KING-TURNER AND JANET HUNT REPRESENTING HGI FOREST AND BIRD

    Tony King-Turner and Janet Hunt, representing HGI Forest and Bird, were in attendance to speak to the Board regarding concerns around roadside drainage and stormwater management, and the Wetlands Preservation Group meeting regarding this issue, to be held on 21 November 2008.

    Moved: Sears / Evans

    [ATTACHMENT 4.5]

    That Tony King-Turner and Janet Hunt, representing HGI Forest and Bird, be thanked for their presentation regarding concerns around roadside drainage and stormwater management, and the Wetlands Preservation Group meeting regarding this issue, to be held on 21 November 2008.

    CARRIED

    4.6. DISCRETIONARY FUNDING APPLICATION - NICKY CAIRNS

    Nicky Cairns, representing Once Upon An Island, was in attendance to speak to the Board regarding her discretionary funding application for costs associated with organising a story telling event and night market on Halloween 2008.

    Moved: Sears / Roche

    [ATTACHMENT 4.6]

    That Nicky Cairns, representing Once Upon An Island, be thanked for her presentation regarding her discretionary funding application for costs associated with organising a story telling event and night market on Halloween 2008.

    CARRIED

  5. Top SLIPS PROJECT UPDATE

    Moved: Sears / Romaniuk

    1. That the memorandum of the SLIPs Project Portfolio Leader, dated 13 October 2008, be received.
    2. That the Waiheke Community Board approves the design of the Palm Beach Reserve Playground Shade Sail.
    3. That the Waiheke Community Board allocate the budget of $41,051.00 for implementation of the Palm Beach Reserve Playground Shade Sail Project.

    CARRIED

    Secretarial note:

    Board member Ceramalus requested his vote against the motion be recorded.

  6. Top WAIHEKE SLIPS PROGRAMME UPDATE - OCTOBER 2008

    Moved: Sears / Evans

    1. That the memorandum of the SLIPs Programme Leader, dated 10 October 2008, be received.
    2. That the Waiheke Community Board notes the requirement to allocate the remaining $37,000 of their Opex budget no later than March 2009 to ensure these projects can be delivered in the 2008/2009 financial year, which ends on 30 June 2009.

    CARRIED

  7. Top DELEGATIONS REGISTER REVIEW

    Moved: Sears / Romaniuk

    1. That the Waiheke Community Board provides feedback to the delegations review project team, by 31 October 2008, on:
      1. Current Community Board delegations as passed by Council on 28 February 2008 Council meeting; and
      2. Any issues relating to delegations not affected by the 28 February 2008 changes.
    2. That the Waiheke Community Board expresses it's concern around the lack of consultation in terms of its own directives where decisions are made by off-island officers and council members relating to significant issues affecting the day to day affairs of the Waiheke community at large, and perceive this as being a policy of disempowerment of community boards.
    3. That the Waiheke Community Board reminds Council of its consultation policy and request Council recognise that expediency to the detriment of community consultation does not adhere to the spirit of the Local Government Act, section 10 in particular.
    4. That the Waiheke Community Board affirms to Council our delegated roles of advocacy and representation of our community and resist attempts to reduce these delegations, and asserts our statutory responsibility to represent and advocate for the interests of the community and to overview the services provided by Council.
    5. That the Waiheke Community Board directs Chairman Ericson and Deputy Chair Sears to prepare a submission to the delegation review team by 31 October 2008.
    6. That the Waiheke Community Board asserts our statutory responsibility to represent and advocate for the interests of the community and to overview the services provided by Council.

    CARRIED

    The Chairman moved:

    That item 16 be taken at this point.

    CARRIED

    The meeting adjourned at 7.18pm, and reconvened at 7.58pm.

  8. Top REPORT AND RESOLUTIONS FROM THE COMMUNITY SERVICES COMMITTEE - COMMUNITY ASSISTANCE FUNDING REVIEW UPDATE

    Moved: Sears / Roche

    1. That the Waiheke Community Board provide feedback to the working party through the Board chairman regarding the Community Assistance Funding Review by 31 October 2008, noting this feedback will be considered at a working party meeting being held on 4 November 2008.
    2. That the resolutions of the Community Services Committee, dated 1 October 2008, be noted.
    3. That the Waiheke Community Board oppose any minimums for community board schemes and city wide contestable funding.

    CARRIED

  9. Top REPORT AND RESOLUTIONS FROM THE COMMUNITY SERVICES COMMITTEE - COMMUNITY CENTRES, HALLS AND OFFICES STOCKTAKE

    Moved: Sears / Ceramalus

    1. That the Board provide feedback to the Board chairman regarding the Community Facilities and Libraries Plan project as detailed within the report of the Senior policy analyst, dated 25 September 2008.
    2. That the resolutions of the Community Services Committee, dated 1 October 2008, be noted.
    3. That, to encourage maximum local usage of community halls on Waiheke Island and due to the isolation of the island, the Waiheke Community Board requests hall access cards for Waiheke be held at Ostend Service Centre and be readily available at short notice with minimal procedural requirements.
    4. That the Waiheke Community Board questions the accuracy of data provided in the assets schedules in the Hauraki Gulf.
    5. That the Waiheke Community Board opposes any move by Council to divest itself of community facilities on Waiheke and Rakino Islands.

    CARRIED

  10. Top BOARD MEMBERS' REPORTS

    10.1. REPORT FROM TONY SEARS

    Moved: Sears / Roche

    [ATTACHMENT 10.1A]

    1. That the report from Board member Sears be received
    2. That the Waiheke Community Board requests a monthly report from the Manager of Hauraki Gulf Islands, covering wastewater bylaw compliance, resource consents, complaints, compliance issues including signage, planning issues, etc. and that he attend the community board meeting to inform the community board of local issues.
    3. That the Waiheke Community Board grants funding from its 2008/2009 Discretionary Funding budget for costs of up to $250 for christmas decorations.
    4. That the Waiheke Community Board recommends the acquisition of the Bob Stewart - The Great Optimism sculpture to be ultimately placed in front of the Waiheke Library, and that this proposal be considered under SLIPs funding of up to $8000, or funded from project budgets if possible.

    CARRIED

    10.2. REPORT FROM EILEEN EVANS

    Moved: Sears / Romaniuk

    [ATTACHMENT 10.2A]

    That the report from Board member Evans be received.

    CARRIED

    10.3. REPORT FROM NOBILANGELO CERAMALUS

    Moved: Sears / Romaniuk

    [ATTACHMENT 10.3A]

    That the verbal report and tabled information of Board member Ceramalus be received.

    CARRIED

    10.4. REPORT FROM HERB ROMANIUK

    Moved: Sears / Roche

    That the verbal report of Board member Romaniuk be received.

    CARRIED

  11. Top COUNCILLORS' REPORTS

    Moved: Sears / Romaniuk

    [ATTACHMENT 11]

    1. That the report from Councillor Roche be received.
    2. That the Waiheke Community Board supports in principle the extension of the skateboard park at Tawaipareira Reserve and acknowledges the wide community and business support for a project to extend the facilities.
    3. That the Waiheke Community Board requests officers to work with community board deputy chair Tony Sears, and the group of local people who have identified their interest in extending the skateboard facilities to scope and design the skateboard park improvements.
    4. That the Waiheke Community Board acknowledges that any upgrade to the facilities is subject to permission from the Tawaipareira Rangihoua Management Sub-committee.
    5. That these resolutions and any reports be forwarded to the Tawaipareira Rangihoua Management Sub-committee requesting their support and approval for an extension to the skateboard park.
    6. That the Waiheke Community Board requests officers report back on the placement of koiwi at Matiatia foreshore, and their proximity to picnic tables and footpaths, and investigate options, in consultation with tangata whenua and Piritahi marae, to publicly identify the parameters of the historical urupa.

    CARRIED

  12. Top CHAIRMAN'S REPORT

    Moved: Sears / Romaniuk

    1. That the report from the Chairman be received.
    2. That the Waiheke Community Board grants funding from its 2008/2009 Discretionary Funding budget for advertising costs for the public meeting held 13 September 2008.
    3. That the Waiheke Community Board grants funding of $300.00 from its 2008/2009 Discretionary Funding budget to Once Upon an Island, for a Trick or Treat Storytelling and Halloween Market to be held 31 October 2008.

    CARRIED

  13. Top REPORTS REQUESTED/PENDING

    Moved: Sears / Roche

    That the reports requested/pending report of the Democracy Advisor, dated 15 October 2008, be received.

    CARRIED

  14. Top POLICE REPORTS

    Moved: Sears / Romaniuk

    That the police reports dated 15.09.08-21.09.08, 21.09.08-28.09.08 and 28.09.08-06.10.08, be received.

    CARRIED

  15. Top GROUP ACTIVITY REPORTS

    Moved: Sears / Romaniuk

    That the group activity reports for the September 2008 period be received.

    CARRIED

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

    Moved: Sears / Romaniuk

    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.

    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 Approval of proposal by NZ Communications Limited for 3G Cellular Installations at 10 Ocean View Road, Matiatia 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)(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.

    Section 7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    		 S48(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.
    C2 Proposal by Telecom Mobile Limited to vary the existing Microcellular Site Licence Agreement to enable the upgrade of telecommunications equipment to 3G Technology at 10 Ocean View Road, Matiatia. 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)(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.

    Section 7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    		 S48(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.

    CARRIED

  17. Top RATEPAYER DIFFERENTIALS AND DEFINITIONS

    G Webb  
    Financial and revenue strategy manager 20 October 2008

    Attached a report that was considered by the Finance and Strategy committee at its 15 October 2008 meeting regarding council's requirement to review its differential ratepayer groups and their definitions as part of the 2009-2019 long-term council community plan process. The report makes recommendations to improve the following:

    • Residential definition and rating of boarding houses and similar properties;
    • Rural 1 definition and the rating of vacant land and bush blocks
    • Rural 2 definition

    At its meeting held 15 October 2008, the Finance and Strategy committee resolved as follows:

    1. That the Finance and Strategy Committee confirms that the amended residential ratepayer group definition include hotels, motels, serviced apartments, boarding houses and hostels, if the property owner can provide proof of exclusive or almost exclusive residential use, according to set criteria (property owners must provide proof of long-term stay (at least 90 days) for over 50 per cent of the units in the form of a residential tenancy agreement or similar documentation as at 30 June each year).
    2. That the Finance and Strategy Committee confirms that the 'Rural 1' ratepayer group be renamed 'Farming and open space' and that the definition includes vacant land and bush blocks on Waiheke, Great Barrier and Rakino islands greater than five hectares to better accommodate these types of properties into the Rating Differential Policy.
    3. That the Finance and Strategy Committee confirms that the 'Rural 2' ratepayer group be renamed 'Limited Access' and that the definition remains unchanged.
    4. That the Finance and Strategy Committee confirms that the 'Rural 3' ratepayer group be renamed 'Remote Islands' and that the definition remains unchanged.
    5. That the Finance and Strategy Committee confirms applying the next step of the long-term general rate differential strategy, which transfers around $2.7 million from non-residential groups to the residential group for 2009/2010.
    6. That the Finance and Strategy Committee notes that there are no budget changes resulting from the proposed policy changes.
    7. That the Finance and Strategy Committee request officers to investigate the possibility of rebate for owners of heritage buildings on the A or B schedule which would be modelled on the rebate currently applying to farm land and report their findings to the City Development Committee.

    Also attaching a memorandum of the Financial and revenue strategy manager, dated 17 October 2008.

    [ATTACHMENT 17A and B]

    Moved: Sears / Roche

    1. That the Financial and revenue strategy manager and the Policy analyst, Treasury, be thanked for their presentation.
    2. That the memorandum of the Financial and revenue strategy manager, dated 17 October 2008, the report of the Policy analyst, Treasury, dated 3 October 2008, and the resolutions of the Finance and Strategy Committee, dated 15 October 2008, be received.
    3. That, should the property at 1A Erua Road be identified as primarily rural activity, the Waiheke Community Board supports that the classification of Rural 1 for the property be retained.

    CARRIED

  18. Top APPROVAL OF PROPOSAL BY NZ COMMUNICATIONS LIMITED FOR 3G INSTALLATIONS AT 10 OCEAN VIEW ROAD, MATIATIA

    Moved: Sears / Ceramalus

    Resolutions A-C for this item were released into the open section of the minutes, as per item C1, resolution C.

    That it be recommended to the City Development Committee:

    1. That the Waiheke Community Board give approval to NZ Communications Limited for the installation of telecommunications equipment at the site situated at 10 Ocean View Road, Matiatia, in order to facilitate 3G Technology.
    2. That the Waiheke Community Board recommends that the application from NZ Communications Limited for the installation of telecommunications equipment at the site situated at 10 Ocean View Road, Matiatia, be publicly notified due to questions concerning;
      1. cumulative effects of emission
      2. heritage of the site
      3. future development of the site as a community facility.
    3. That the above resolutions be released into the open agenda.

    CARRIED

  19. Top PROPOSAL BY TELECOM MOBILE LIMITED TO VARY THE EXISTING MICROCELLULAR SITE LICENCE AGREEMENT TO ENABLE THE UPGRADE OF TELECOMMUNICATIONS EQUIPMENT TO 3G TECHNOLOGY AT 10 OCEAN VIEW ROAD, MATIATIA

    Moved: Sears / Evans

    Resolutions A-C for this item were released into the open section of the minutes, as per item C2, resolution C.

    That it be recommended to the City Development Committee:

    1. That the Waiheke Community Board give approval to the proposal from Telecom Mobile Limited to upgrade existing telecommunications equipment and relocation of the equipment cabinet at the site situated at 10 Ocean View Road, Matiatia, in order to facilitate 3G Technology.
    2. That the Waiheke Community Board recommends that the application from Telecom Mobile Limited to upgrade existing telecommunications equipment and relocation of the equipment cabinet at the site situated at 10 Ocean View Road, Matiatia, be publicly notified due to questions concerning;
      1. cumulative effects of emission
      2. heritage of the site
      3. future development of the site as a community facility.
    3. That the above resolutions be released into the open agenda.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 9.15pm