Agenda of Hibiscus and Bays Facilities and Reserves Committee

I hereby give notice that an ordinary meeting of the Hibiscus and Bays Facilities and Reserves Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Friday, 6 December 2013

1:00pm

Council Chamber
Orewa Service Centre
50 Centreway Road
Orewa

Hibiscus and Bays Facilities and Reserves Committee

OPEN AGENDA

MEMBERSHIP

Chairperson
Deputy Chairperson
Members	David Cooper
	Janet Fitzgerald, JP
	Gaye Harding
	Julia Parfitt, JP
	Lisa Whyte

(Quorum 3 Members)

Vivienne Sullivan

Local Board Democracy Advisor

2 December 2013

Contact Telephone: (09) 427 3317

Email: vivienne.sullivan@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Hibiscus and Bays Facilities and Reserves Committee

06 December 2013

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

9 Public Forum 5

10 Extraordinary Business 5

11 Notices of Motion 6

12 Election of Chairperson and Deputy Chairperson 7

13 Landowner Approval, Orewa Beach and Stanmore Bay Soft Serve Ice Cream - Mobile Van Sales Application 9

14 Consideration of Extraordinary Items

1 Welcome

2 Apologies

Member Lisa Whyte

3 Declaration of Interest

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

4 Confirmation of Minutes

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

At the close of the agenda no requests for deputations had been received.

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 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.”

11 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Hibiscus and Bays Facilities and Reserves Committee

06 December 2013

Election of Chairperson and Deputy Chairperson

File No.: CP2013/27825

Purpose

1. In accordance with Schedule 7, clause 25(c) a chairperson and deputy chairperson is to be appointed for the Hibiscus and Bays Facilities and Reserves Committee.

Executive Summary

2. The Local Board must elect members to the positions of chairperson and deputy chairperson in accordance with Schedule 7, clause 25 of the Act.

Recommendation/s

That the Hibiscus and Bays Facilities and Reserves Committee:

a) elects local board member xx as chairperson and local board member xxx as deputy chairperson of the committee.

Attachments

There are no attachments for this report.

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

Hibiscus and Bays Facilities and Reserves Committee

06 December 2013

Landowner Approval, Orewa Beach and Stanmore Bay Soft Serve Ice Cream - Mobile Van Sales Application

File No.: CP2013/27826

Purpose

1. The purpose of this report is to seek the approval of the Hibiscus and Bays Facilities and Reserves Committee to provide individual Landowner Approvals to both Mr Carl Russell (Mr Whippy Auckland Ltd) and Mr Henry Huang (Super Kool NZ Ltd) to sell soft serve ice cream, confectionary, soft drinks, juice and water from their mobile vans at the following locations (see Attachment A aerial indicating approximate locations):

§ Orewa Beach Reserve Carpark

§ Stanmore Bay Reserve Carpark

Each proprietor has agreed to operate the following alternative days and weekends between each site:

§ Dec 2013 - 28 Feb 2014 - 6 days only per week.

§ 1 Mar - 30 Nov 2014 - alternative weekends only.

Executive Summary

2. In accordance with the guidelines, this application is considered under ‘minor commercial activities’ and therefore the delegation is with the Hibiscus and Bays Facilities and Reserves Committee to approve ‘Commercial Operators Permits’ on parkland.

3. The application has been assessed using the Commercial Activities on Parks Checklist (Attachment B).

4. An initial assessment has concluded the Open Space Zoning for each site as follows:

§ Orewa Beach Reserve, Open Space 4

§ Stanmore Bay Recreation Reserve, Open Space 4

5. At all locations the activity is considered ‘Restricted Discretionary Activity’, which would require the applicants to obtain a Resource Consent. They would also have to require an Operating Licence. The applicants have been advised not to apply for these until they have obtained the parkland ‘Commercial Operators Permit’, for which this report seeks consideration.

Recommendation/s

That the Hibiscus and Bays Facilities and Reserves Committee:

a) Delegate Landowner Approval to the Manager, Local and Sports Parks North to grant a 12 month Parkland Commercial Operators Permit to each proprietor (Mr Carl Russell, Mr Whippy Auckland Ltd and Mr Henry Huang, Super Kool NZ Ltd), for Orewa Beach Reserve and Stanmore Bay Reserve, on the basis that:

i) Each proprietor pays an application processing fee charge of $465.00, in accordance with the ‘Commercial Operators on Local and Sports Parks Generic Conditions’;

ii) During the 12 month period information is obtained to help guide future charges and determine level of conflict with local traders, to enable Members to determine whether or not a new 12 month permit should be issued;

b) Prior to commencement the Parks Advisor reviews the type of vehicle, graphics and colours to ensure it is appropriate for the locations.

Discussion

6. The applicants have consulted local businesses and organisations, details are provided in their applications and within an email direct from a local Orewa business (see Attachments C and D).

7. In summary, local businesses are not supportive, however the Orewa Surf Club (which also sells ice cream and refreshments) and other clubs and organisations associated with each reserve have not objected through the consultation.

8. Although Officers appreciate the views of those consulted, the issuing of a Commercial Operators Permit/Landowner Approval for this activity will assist Auckland Council in monitoring and reporting of illegal trading activity that is reportedly happening without a permit.

9. The issuing of Commercial Operators Permits on reserve land, for mobile vendors is restricted to a maximum of six (6) days per week and for a period no longer than 12 months.

10. With regards to revenue and charging for Commercial Operators Permit on Parks and Reserves, there is currently no pricing schedule for these types of activities however, at minimum staff time for processing the application, preparing necessary legal documents and monitoring and evaluating the proposal should be recouped.

Consideration

Local Board Views

11. The details of this proposal were presented previously via email to Parks Portfolio Holders on 16 April 2013. Mixed views and opinions were received, which led to further investigation and preparation of this report.

Maori Impact Statement

12. There are no perceived impacts or adverse effects for Maori with this proposal.

General

13. The proposed main sale items differ from those of neighbouring businesses, in that the sales are predominately soft serve ice-cream.

Implementation Issues

14. A Street Trading permit will need to be obtained by each proprietor.

Attachments

No.	Title	Page
a	Soft Serve Ice Cream Aerial Plan	13
b	Commercial Trading Permit Checklist	15
c	Soft Serve Ice Cream Consultation	17
d	Soft Serve Ice Cream Consultation - Mr Whippy	19

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager