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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
WAIHEKE COMMUNITY BOARD
HELD ON WEDNESDAY, 22 SEPTEMBER 2010 AT 3:45PM
IN THE BOARDROOM
THE WAIHEKE SERVICE CENTRE
10 BELGIUM STREET, OSTEND
WAIHEKE ISLAND

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   Moved: Sears / Evans

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

   CARRIED

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

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

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

   Moved: Sears / Evans

   [ATTACHMENT 4.1]

   That Colin Beardon be thanked for his presentation to the Waiheke Community 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 14 of this agenda.

   CARRIED

   4.2. PUBLIC FORUM - ONEROA LIBRARY AND SERVICE CENTRE PROPOSAL AND NON-NOTIFICATION OF THE NOTICE OF REQUIREMENT - CHARISSA SNIJDERS AND MARIJKE RANSOM, WAIHEKE ISLAND COMMUNITY PLANNING GROUP (WICPG)

   Moved: Sears / Evans

   [ATTACHMENT 4.2]

   That Charissa Snijders and Marijke Ransom, representing Waiheke Island Community Planning Group (WICPG), be thanked for their presentation to the Waiheke Community Board regarding the Oneroa Library and Service Centre proposal and the non-notification of the notice of requirement.

   CARRIED

   4.3. PUBLIC FORUM - NON-NOTIFICATION OF THE PROPOSED WAIHEKE LIBRARY AND SERVICE CENTRE - ROGER BRYANT

   Moved: Sears / Ceramalus

   [ATTACHMENT 4.3]

   That Roger Bryant be thanked for his presentation to the Waiheke Community Board regarding the non-notification of the proposed Waiheke Library and Service Centre.

   CARRIED

5. BOARD MEMBERS' REPORT

   5.1. REPORT FROM NOBILANGELO CERAMALUS

   Moved: Sears / Evans

   [ATTACHMENT 5.1A]

   The motion was taken in parts.

   1. That the response from Auckland City 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, and the building consent report on the Waiheke Refuse Transfer Station, be received.
   2. That the tabled document with a breakdown of the cost of fixing the Pioneer Cemetery, be received, noting Board member Ceramalus' concerns about the high costs.
   3. That the verbal report from Board member Ceramalus, regarding the following, be received:
      • Pioneer Cemetery project cost breakdown;
      • Waiheke Transfer Station building consent;
      • Verbal valedictory.

   CARRIED

   Moved: Ceramalus / Romaniuk

   4. That the Waiheke Community Board suggest to the new Waiheke Local Board that the O'Brien Road quarry be considered a clean-fill site as part of the restorative project, and that this be included in the Waiheke Community Board legacy document.

   CARRIED

   Secretarial note: Councillor Roche requested her vote against resolution D be recorded.

   5.2. REPORT FROM RAY ERICSON

   Moved: Sears / Roche

   [ATTACHMENT 5.2]

   That the verbal valedictory from Board member Ericson be received.

   CARRIED

   5.3. REPORT FROM EILEEN EVANS

   Moved: Sears / Ericson

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

   CARRIED

   5.4. REPORT FROM HERB ROMANIUK

   Moved: Sears / Evans

   That the verbal valedictory from Board member Romaniuk be received.

   CARRIED

6. COUNCILLOR'S REPORT

   Moved: Sears / Evans

   [ATTACHMENT 6A]

   The motion was taken in parts.

   1. That the report of the Group manager, Urban design group, dated 24 August 2010, entitled 'Moving towards a clutter free Auckland', be received.
   2. That the tabled written report from Councillor Roche be received.
   3. That the verbal report from Councillor Roche regarding the following, be received:
      • Banner board;
      • Isola Estate cleanfill consent;
      • Non-notification of the proposed Oneroa Library and Service Centre development;
      • Verbal valedictory.

   CARRIED

   Moved: Roche / Evans

   4. That the Waiheke Community Board notes that the Council has arranged for and received a Commissioner's report, dated 16 September 2010, determining that the application for a Notice of Requirement for the proposed Oneroa Library and Service Centre development need not be publicly notified.
   5. That the Waiheke Community Board also notes that the underlying consultant's report to the Duty Commissioner, dated 31 August 2010, makes no reference to the Waiheke Community Board's resolution on this matter at its meeting on 23 June 2010, item 12B, set out below:
   6. "That the Waiheke Community Board request that the Waiheke Service Centre and Library development be a notified consent as there are significant impacts on the community concerning the environment and traffic and that the community should be given the opportunity to submit on the Resource Management [RMA] issues."
   7. That the Waiheke Community Board is of the view that the decision not to notify the Oneroa Library and Service Centre development will prevent the Waiheke community's major concerns and issues with this development from being appropriately aired and considered.
   8. That the Waiheke Community Board notes to the Auckland Transition Agency that they oppose non-notification and request a review of the Notice of Requirement decision, given the fact that previous resolutions from the Waiheke Community Board (including that listed above).were not considered within the consultant's report to the Duty Commissioner.
   9. That the above resolutions be forwarded to the Auckland Transition Agency.

   CARRIED

7. CHAIRPERSON'S REPORT

   Moved: Sears / Ericson

   [ATTACHMENT 7A]

   1. That the following documents, as listed below, be received:
      • Letter from Waiheke Wharf to Wharf Fun Run Inc, dated 7 September 2010, and the tabled response from Auckland City Council, dated 21 September 2010, regarding the Wharf to Wharf road closure;
      • Local boards update presentation to the Community Board Chairs' forum, held 8 September 2010;
      • Waiheke Community Board legacy document, noting the amendments requested by the Board.
   2. That the Chairperson and Deputy Chairperson, Waiheke Community Board, be delegated authority until 31 October 2010, to allocate any remaining discretionary grant funds.
   3. That the verbal report from Chairperson Sears, regarding the following, be received:
      • Valedictory;
      • Swearing in ceremony - 6 November 2010 for new Waiheke Local Board;
      • Signage issues;
      • Waste water leaflets.
   4. That the consent application for the Waiheke Refuse Transfer Station is noted, and that the Waiheke Community Board request the new Waiheke Local Board be included in consultation on the design as soon as possible.

   CARRIED

8. REPORTS REQUESTED/PENDING

   Moved: Sears / Evans

   That the report of the Democracy advisor, dated 13 September 2010, be amended as follows:

   Row No.	Target Date	Report Name	Comments
   1	From Sept-10 now TBA	Waiheke Golf Course and Waiheke Bridle Trails	Mediation between the parties was held on 29 March 2010. Certain actions have flowed from that mediation and officers have worked with the parties to try and progress the appeals. Officers consider that some progress has been made. However, there has recently been a loss of traction and a further mediation has therefore been requested to try and agree an outcome. A date for mediation has not yet been set by the Court.

   CARRIED

9. GROUP ACTIVITY REPORTS

   Moved: Sears / Romaniuk

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

   CARRIED

10. SLIPS DECISION REPORT

    Moved: Sears / Ericson

    1. That the report of the SLIPs project portfolio leader, dated 16 September 2010, be received.
    2. That the Waiheke Community Board delegates authority to the spokesperson to provide guidance and advice to the SLIPs team regarding their allocated proposals and delegates authority to the spokesperson and chair of the board, to be exercised together, to make additional funding decisions and approve variations to scope where a variation to a project scope is needed due to unforeseen circumstances.
    3. That the Waiheke Community Board delete any proposals that it does not intend to take forward.
    4. That the Waiheke Community Board delete the Tawaipareira Reserve - Skate Park Improvement Project Implementation Phase 1 and Phase 2 proposals from the SLIPs programme and nominate it for funding out of Financial Contributions budget, of up to $200,000.
    5. That the Waiheke Community Board place the Drinking Water Fountains proposal on the list of projects for future consideration.
    6. That the Waiheke Community Board allocate all budgets to ensure that all capex and opex funds are fully utilised.
    7. That the Waiheke Community Board allocate a budget of $8,030 (opex) to the Newton Reserve Coastal Walkway Implementation Phase 2 proposal.
    8. That the Waiheke Community Board allocate a grant of $4,495 (opex) to Waiheke Community Radio, and that the Chairperson, Waiheke Community Board, be the spokesperson until the new Waiheke Local Board takes over.
    9. That the Waiheke Community Board allocate a budget of $13,821 (capex) and $900 (opex) to the Rocky Bay (Omiha Beach Reserve ) BBQ proposal.
    10. That the Waiheke Community Board allocate a budget of $43,080 (capex) and $900 (opex) to the Little Oneroa Playground Shade sail and Seating proposal.
    11. That the Waiheke Community Board allocate a budget of $58,910 (capex) and $2,701 (opex) to the Matiatia Graves Recognition (Implementation) proposal, noting that Deliverable D, i.e. advertising kayak shed, will be removed.
    12. That the Waiheke Community Board allocate a budget of $117,081 (capex) and $16,602 (opex) for detailed design and subsequent implementation of the Anzac Reserve Improvements proposal.
    13. That the Waiheke Community Board allocate any unused capex funds arising from contingency/savings from the implementation of the Matiatia Graves Recognition Project to the Anzac Reserve Improvements proposal or the Tawaipareira Reserve.
    14. That the Waiheke Community Board allocate any unused capex funds arising from contingency/savings from Anzac Reserve Improvements proposal to Tawaipareira Reserve.
    15. That the Waiheke Community Board allocate $30,000 plus any unused opex funds arising from contingency/savings from projects in implementation, to the Street Smart project 2010/2011 proposal.
    16. That the Waiheke Community Board notes unallocated capex or opex budgets will be returned to Auckland Council.

    CARRIED

11. SLIPS PROGRAMME UPDATE - SEPTEMBER 2010

    Moved: Sears / Ericson

    1. That the memorandum of the SLIPs programme leader, dated 8 September 2010, be received.
    2. That the Waiheke Community Board notes the SLIPs team thanks the Chairperson and members of the Waiheke Community Board, and Democracy Services advisors, for working alongside the team on the 3-year SLIPs programme.

    CARRIED

12. WAIHEKE STREAM PROJECT UPDATE

    Moved: Sears / Romaniuk

    That the memorandum of the Environmental health specialist, water quality and contaminated sites, dated 15 September 2010, be received.

    CARRIED

13. WAIHEKE ISLAND WORK PROGRAMME PRIORITIES 2010/2011

    Moved: Sears / Ericson

    1. That the report of the Hauraki Gulf Islands transport manager, dated 9 September 2010, regarding Waiheke Island work programme priorities, be received.
    2. That, when funding for new footpaths is re-introduced into Council's budget, the Waiheke Community Board confirms the Waiheke new footpath priorities as:

    Priority	Road Name	From	To	Length (m)
    1	Goodwin Ave	New concrete path	Hekerua Rd	250
    2	Te Toki Rd	Wilma Rd	Bay Rd	372
    3	Korora Rd	Artworks	Waikare Rd	182
    4	Seventh Ave	Seaview Rd	The Strand	474
    5	Seaview Rd	View Rd	Erua Rd	986
    6	Tawa St	Huia St	Kiwi St	190
    7	Ostend Rd	Ladd Rd	Wharf Rd	286
    8	Seaview Rd	Brown Rd	Seventh Ave	245
    9	Mako St	Ocean View Road	Bowling Club	90
    10	Tui St	Nikau Rd	Rata St	100
    11	Moa Ave	Bus stop	Matai Rd	139
    12	Onetangi Rd	O'Brien Rd	Waiata Rd	1600
    13	Puriri Rd	Ocean View Rd	Beach Pde	98
    14	Brown Rd	Seaview Rd	To end	174

    3. That the Waiheke Community Board notes that when funding is available the priority site for seal extension is Makora Road, however if this site does not meet New Zealand Transport Agency (NZTA) criteria of attaining a benefit to cost ratio of 4 or more the next road on the priority list is promoted and the same assessment is undertaken until one of the roads on the list satisfies NZTA requirements.
    4. That the Waiheke Community Board confirms the seal extension priorities for 2010/2011 and beyond as:

    Priority	Road Name	From	To	Length (m)
    1	Man'O'War Bay Road	Waiheke Road	To a point 500m north	500
    2	The Esplanade	Lannan Rd	Existing seal	900
    3	The Esplanade	Moa Ave	End of road	100
    4	Hobson Tce	Eden Tce	Victoria Rd South	505
    5	Nelson Ave	Wellington Rd	Kennedy Rd	220
    6	Garratt Rd	Waiheke Rd	End of road	210
    7	Marine View Rd	Eden Tce	Victoria Rd South	200
    8	Empire Ave	Gt Barrier Rd	End of road	300
    9	Pohutakawa Rd	O'Brien Rd	End of road	306
    10	Gordons Rd	Suggested by the Waiheke Community Board

    5. That the seal extension sites listed below, remain un-prioritised until budgets for work beyond the prioritised list (recommended in resolution D above) become available:

    Road name	From	To	Length (m)
    Taraire St	Full length of the road		290
    Totara Rd	Number 10	End of road	167
    Hillside Rd	Wilma Rd	End of road	280
    Muritai Rd	Wharf Rd	End of road	150
    Beach Pde	End of seal	End of road	200
    Wairua Rd	Valley Rd	McMillan Rd	400
    Bryan Rd	Nelson Ave	Ocean Rd	100
    Nepean Ave	Anzac Rd	End of road	400
    Te Makiri Rd	Seaview Rd	End of road	285
    Le Roy Rd	Second Ave	End of road	200
    Huruhi Rd	Tahatai Rd	End of road	200
    Woollams Rd	Trig Hill Rd	End of road	100
    Brown Rd (section 1)	Seaview Rd	End of road	135
    Dickson Rd	Wilma Rd	End of road	100
    Fisher Rd	Waiheke Rd	End of road	80
    Man O War	Remaining unsealed sections		14000
    Awaawaroa Rd	Orapiu Rd	to 800m	800
    Bella Vista	Fairview Cres	Upland Rd	550
    Anzac Rd (section 2)	Orapiu Rd	End of road	700
    Wallingford Rd	Anzac Rd	End of road	140
    Pah Rd	Seaview Rd	End of road	300

    6. That the Waiheke Community Board notes the road re-sealing list (subject to final design and costing) for 2010/2011 as:

    Road name	From	To
    Cory Rd	Junction Rd	30/32 Cory Rd
    Marama Ave	Surfdale Rd	Tetley Rd
    Okoka Rd	O'Brien Rd	Glenbrook Rd
    George St	Pacific Parade	Beatty Parade
    Glenbrook Rd	Pohutukawa Ave	Omiha Rd
    Alison Rd	Miami Ave	Bryan Rd
    Beach Parade	Puriri Rd	16/18 Beach Parade
    Hauraki Rd	Queens Drive	11 Hekerua Rd
    Hekerua Rd	Frank St	11 Hekerua Rd
    Church Bay Rd	Mako St	57 Church Bay Rd
    Burrell Rd	Surfdale Rd	Burrell Rd extn
    Erua Rd	Ostend Rd	Seaview Rd
    Rata St	Moa Ave	End of Rata St
    Ocean View Rd	Tui St	Moa Ave
    Ocean View Rd	Police Station	Mako St
    Kuaka Rd	Ocean View Rd	Weka Rd
    Alison Rd	Mitchell Rd	Donald Bruce Rd
    Tawa St extn	Tawa St	To end

    7. The Board notes the road rehabilitation list (subject to final design, costing and funding approval) for 2010/2011 as:

    Road name	From	To	Length (m)
    Ocean View Rd Stage 1B	Owhanake carpark	Chainage 960	380
    Te Toki Rd (AWPT)	Wilma Rd	Bay Rd	600

    8. That the Waiheke Community Board notes the candidate road rehabilitation sites for 2010/2011 and beyond as:

    Road Name	From	To	Length (m)
    Ocean View Rd Stage 2 (PS)	Owhanake carpark	Harbour Marster entrance	600
    Onetangi Rd	Quarry entrance	Golf course	700
    Miami Ave	Hamilton Rd	Mitchell Rd	300
    Beatty Pde	No 13	George St	503
    Gordons Rd	O'Brien Rd	Carson Rd	800

    CARRIED

14. GRANT OF COMMUNITY LEASE - ARTWORKS THEATRE BUILDING, ARTWORKS COMPLEX, 2-4 KORORA ROAD, ONEROA, WAIHEKE ISLAND

    Moved: Sears / Romaniuk

    1. That the Waiheke Island Community 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,
    2. That the Waiheke Community Board notes there are anomalies in the operating expenses, in that the tenant is already paying a number of the services outlined in the operating expenses, and request a review of the costs accordingly.
    3. That the Waiheke Community Board strongly endorses the view of the tenant that the damage to the Artworks Theatre building caused by flooding should be remedied immediately.

    CARRIED

15. RESOLUTIONS FROM TRANSPORT COMMITTEE - ROAD STOPPING, MAN O'WAR BAY ROAD, WAIHEKE ISLAND

    Moved: Sears /

    1. That the report of the Property officer, dated 11 August 2010, and the resolutions from the Transport Committee meeting held 2 September 2010, as follows, be received:
       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."

    Cr Roche moved the following amendment by way of addition:

    Moved: Roche / Ceramalus

    2. That the Waiheke Community Board write to the Minister of Lands requesting that the Public Works Act not be used for the road stopping of the above items, and that the Local Government Act instead be utilised for the road stopping process, so that the Waiheke community has time to research the historical nature of the claims and comment during the road stopping process.

    A division was called for, voting on which was as follows:

    For the Motion:	Against the Motion:
    Mr Nobilangelo Ceramalus Cr Denise Roche	Mr Ray Ericson Ms Eileen Evans Mr Herb Romaniuk Mr Tony Sears

    
    The motion was declared LOST by 4 votes to 2.

    Board member Romaniuk moved the following be way of replacement:

    Moved: Romaniuk / Sears

    1. That the Waiheke Community Board expresses its concern that something as important as road stopping on Man O'War Bay Road has been proposed without consultation of the Waiheke community or the Waiheke Community Board, and they wish to have time to put together a submission on this proposal.
    2. That the Waiheke Community Board urgently requests a copy of the court of appeal decision relating to the road stopping on Man O'War Bay Road.

    CARRIED

16. CORRESPONDENCE RECEIVED

    Moved: Sears / Romaniuk

    [ATTACHMENT 16A]

    1. That the correspondence from Auckland City Council, dated 15 July 2010, and Telecom, dated 31 August 2010, regarding Waiheke Island cell site on Cory Road, be received.
    2. That the tabled response from Auckland City Council, dated 17 September 2010, to the request from Board member Romaniuk, for information under the Local Government Official Information and Meetings Act 1987 (LGOIMA) on payments received for Matiatia, be received.
    3. That the Waiheke Community Board write to Dr Garth Harris outlining their position on the Sandy Bay boat ramp.

    CARRIED

17. WAIHEKE POLICE REPORTS

    Moved: Sears / Evans

    [ATTACHMENT 17A]

    That the Waiheke Police reports, as listed below, be received:

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

    noting Dean Arthur is the new Waiheke Community Police officer.

    CARRIED

18. 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.

    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.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 8:18 pm.