2 Apologies
An apology from Chairperson J Fitzgerald has been received.
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
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That the Hibiscus and Bays Facilities and Reserves Committee:
a)
confirm the ordinary minutes of its meetings,
held on Wednesday, 27 April 2016 and 25 May 2016, as
a true and correct record.
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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
Standing
Order 3.20 provides for deputations. Those applying for deputations are
required to give seven working days notice of subject matter and applications
are approved by the Chairperson of the Hibiscus and Bays Facilities and
Reserves Committee. This means that details relating to deputations can be
included in the published agenda. Total speaking time per deputation is ten
minutes or as resolved by the meeting.
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8.1 Orewa Beach Series
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Mr Nick Carroll has
requested a deputation to make a presentation on bringing the beach series to
Orewa in 2016/2017.
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Recommendation/s
That the Hibiscus and Bays
Facilities and Reserves Committee:
a) thank Mr Carroll for his
presentation.
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8.2 Fundraising Opportunities, Orewa
Skate Park
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Mr Danny
Battershill has requested a deputation to discuss fundraising opportunities
for the Orewa Skate Park at Western Reserve.
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Recommendation/s
That the Hibiscus and Bays
Facilities and Reserves Committee:
a) thank Mr Battershill for his
presentation.
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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.
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Hibiscus and
Bays Facilities and Reserves Committee
22 June 2016
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Grant of
landowner approval, new community leases and licence to occupy to Hibiscus Mens
Shed Trust at Silverdale War Memorial Park
File No.: CP2016/12011
Purpose
1. To
grant landowner approval for Hibiscus Mens Shed Trust to construct a “mens shed” building and sealed driveway with parking
pad at Silverdale War Memorial Park.
2. To
grant an agreement to lease and licence to Hibiscus Mens Shed Trust for three
years to construct its “mens shed” building and sealed driveway with parking
pad. This agreement will enable the Hibiscus Mens Shed Trust to secure all
necessary consents, funding and complete construction.
3. To
grant a community lease to the Hibiscus Mens Shed Trust on practical completion
of the construction of the “mens shed” building.
4. To
grant a community licence to occupy to the Hibiscus Mens Shed Trust on
practical completion of the construction of the sealed driveway with parking
pad.
5. To
grant a community lease to the Hibiscus Mens Shed Trust for the council-owned
Skyline Shed on Silverdale War Memorial Park.
Executive summary
6. At
its business meeting of 16 December 2015 the Hibiscus and Bays Local Board
agreed in principle to grant two separate leases and a non-exclusive licence to
occupy to Hibiscus Mens Shed Trust at Silverdale War Memorial Park for the
council owned vacant Skyline shed and reserve land that would support the
development of a “mens shed” building.
7. The
local board approved that the leases and licence to occupy proposal would be
publicly notified and consultation with iwi undertaken in accordance with the
terms of the Reserves Act 1977 and the Conservation Act 1987. These statutory
requirements have now been satisfied.
8. This
report recommends the Hibiscus and Bays Facilities and Reserves Committee grant
Hibiscus Mens Shed Trust:
· landowner approval
for the Hibiscus Mens Shed Trust to construct its “mens shed” building and
sealed driveway with parking pad
· agreement to lease
and licence to enable the Hibiscus Mens Shed Trust to secure funding and
consents and construct its “mens shed” building and sealed driveway with
parking pad
· a community ground
lease for the footprint of its “mens shed” building
· a non-exclusive
licence to occupy for the sealed driveway with parking pad
· a community lease
for the council-owned Skyline Shed
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Recommendation/s
That the Hibiscus
and Bays Facilities and Reserves Committee:
a) grant
landowner approval as outlined in Attachment A (dated 22 June 2016) and an
agreement to lease and licence to Hibiscus Mens Shed Trust for the
construction of the “mens shed” building and sealed driveway with parking pad
at Silverdale War Memorial Park at Hibiscus Coast Highway being Part Lot 1 DP
37919 as outlined in Attachment B (dated 22 June 2016). The agreement to
lease will be on the following terms and conditions:
i) Term
– three years commencing date of execution.
b) grant
a community lease to Hibiscus Mens Shed Trust for the footprint of its “mens
shed” building effective once all of the conditions of the agreement to lease
and licence have been met:
i) Term
– 10 years with one right of renewal for a period of 10 years commencing on date
of practical completion
ii) Rent
- $1.00 per annum if requested
iii) Consultation
to be undertaken with Ngati Manuhiri at lease renewal
iv) The
approved Hibiscus Mens Shed Trust Community Outcomes Plan to be attached to
the lease document
c) approve
the Hibiscus Mens Shed Trust Incorporated Community Outcomes Plan as attached
to the agenda report (Attachment C, dated 22 June 2016)
d) grant
a non-exclusive licence to occupy to Hibiscus Mens Shed Trust once all of the
conditions to the agreement to lease have been met for the sealed driveway
with parking pad on the following terms and conditions:
i) Term
– 10 years with one right of renewal for a period of 10 years commencing on
date of practical completion
ii) Rent
- $1.00 per annum if requested
e) delegate
the approval regarding final design and construction plans relating to the
“mens shed” building, sealed driveway and parking pad and the planting plan
(Attachment D, dated 22 June 2016) to the Manager Local Parks.
f) grant
a community lease to Hibiscus Mens Shed Trust for the council-owned Skyline
shed at Silverdale War Memorial Park, being Part Lot 1 DP 37919 (Attachment
E, dated 22 June 2016) on the following terms and conditions:
i) Term
– five years commencing on date of execution
ii) Rent
- $1.00 per annum if requested
iii) Maintenance
fee - $250.00 per annum
g) note all other terms and conditions in accordance with the
Auckland Council Community Occupancy Guidelines 2012 and the Silverdale War
Memorial Park Reserve Management Plan adopted 1 February 2001.
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Comments
Public Notification Process
9. To
meet the statutory requirements of the Reserves Act 1977 and Conservation Act
1987, public notices were placed in the North Harbour News and the Rodney Times
dated 11 February 2016 (Attachments F and G). The proposal was further
advertised on the Auckland Council website. One calendar month was allowed to
make submissions.
10. Council
received one submission on 10 March 2016 from the No. 5 (Rodney) Squadron
Branch of the Air Training Corps of New Zealand Association Incorporated and
No. 5 (Rodney District) Squadron Branch of the Air Training Corps (the Air
Training Corps), which stated in its submission that it wished to be heard in
person.
11. At
its business meeting of 20 April 2016, the Hibiscus and Bays Local board
resolved to appoint Hibiscus and Bays Local Board members Gary Holmes and Greg
Sayers to the hearings panel (Attachment H), who heard the submission
presented by representatives of the Air Training Corps on 23 May 2016.
12. At
is business meeting of 15 June 2016, the Hibiscus and Bays Local Board approved
the panel’s recommendation to proceed with the leases and licence to occupy
proposal for the Hibiscus Mens Shed Trust (the Trust) at Silverdale War
Memorial Park.
13. During
this meeting, the local board delegated authority to the Hibiscus and Bays
Local Board Facilities and Reserves Committee to approve the grant of leases
and a licence to occupy to the Trust at Silverdale War Memorial Park.
Land and buildings
14. Silverdale
War Memorial Park is situated at 12 Hibiscus Coast Highway, legally described
as Part Lot 1 DP 37919 comprising 11.7064 hectares and held in fee simple by
Auckland Council as a classified recreation reserve subject to the Reserves Act
1977.
15. The
council-owned Skyline shed comprises two “Skyline” garages joined together. The
Skyline shed sits on a concrete pad and is clad in tin. In November 2015,
council commissioned a visual building inspection of the Skyline shed which
concluded that while the building was structurally sound it required a number
of minor repairs. The report estimated repairs to cost approximately $2,000.00
plus GST. The Trust understands that it will lease the Skyline shed in an “as
is” condition and undertake the required repairs at its own cost and in
accordance with the building’s lease conditions.
16. With regard to
the “mens shed” building, the Trust plan a similar structure to that of the “mens shed” on the Elliott
Reserve, Glenfield (Attachment I). The Trust’s preferred supplier for the
construction of its “mens shed’ building is Fair Dinkum Sheds, a Kaukapakapa
based company. The “mens shed” building will sit on a concrete pad, have a
fabricated steel structure and coloursteel cladding and roof, comprising a
workshop, office, secure storage, lunch/meeting/recreation room (with kitchen)
and toilets.
17. Key representatives for the Trust have been proactive in securing
its necessary Topographical Plan, Proposed Layout and also the Planting Plan
for the project. Fluker Surveying Ltd and Greenscene NZ respectively, have
worked to provide these plans for the Trust pro bono.
18. The Trust estimates costs for the engineering requirements,
consents, structure, lining, fit-out for the building and sealed driveway with
parking pad at $230,000 to $240,000. As a critical component of its “mens shed”
project, the Trust has scheduled its applications for the required capital
funding to Foundation North and the Lotteries Commission. On execution of the
agreement to lease and licence, the Trust will meet the eligibility
requirements for these funding applications.
Hibiscus
Mens Shed Trust
19. The
Hibiscus Mens Shed Trust was established after an initial public meeting in May
2015. A feasibility study by the Trust indicated a “mens shed” would provide a
valuable service on the Hibiscus Coast given the nearest comparable service
(the “mens shed” on Elliott Reserve, Glenfield) is roughly 20 kilometres away.
20. This
project provides an opportunity to make the most of existing facilities (the
council owned Skyline shed) and to align the activities offered by “mens sheds”
with outcomes in the Hibiscus and Bays Local Board Plan and the Auckland Plan:
· a strong local
economy with skilled jobs
· safe and supported
communities
· putting children
and young people first.
21. The
Trust was incorporated under the Charitable Trusts Act 1957 on 10 July 2015.
Trustees have undertaken a strategic plan and feasibility study demonstrating
the need for a “mens shed” in the Hibiscus Coast area.
22. Council
staff and the Trust have developed an agreed community outcomes plan aligning
the Trust’s proposed activities with relevant outcomes in the Hibiscus and Bays
Local Board Plan and the Auckland Plan. The community outcomes
plan, if approved by the local board will be appended as a schedule to the
community lease for the “mens shed” building.
Consideration
Local
board views and implications
23. The
recommendations in this report fall within the local board’s delegated
authority in accordance with section 120 of the Reserves Act 1977.
Māori impact statement
24. During
the period from 17 December 2015 to 22 January 2016, consultation was
undertaken with the 14 iwi as identified as having an interest in the land in
the Hibiscus and Bays Local Board area in accordance with the Conservation Act
1987. Iwi did not raise any objections relating to the Mens Shed proposal.
25. On 12 January 2016 a site visit was undertaken by the Pou Kaitiaki,
Ngati Manuhiri, Chairperson of the Trust and council staff. The Pou Kaitiaki
(Environmental Manager) then prepared a Kaitiaki Assessment Report (Attachment
J). The concerns and recommendations from the Kaitiaki Report have been
incorporated into the landowner approval and lease conditions in the
recommendations contained in this report.
26. Auckland
Council is committed to meeting its responsibilities under Te Tiriti o Waitangi
and its broader legal obligations to Māori. The council recognises these
responsibilities are distinct from the Crown’s Treaty obligations and fall
within a local government Tāmaki Makaurau context. These commitments are articulated in the
council’s key strategic planning documents the Auckland Plan, the Long-term
Plan 2015-2025, the Unitary Plan and Local Board Plans.
27. Support
for Maori initiatives and outcomes is detailed in Te Toa Takitini, Auckland
Council’s Maori Responsiveness Framework. An aim of community leasing is to
increase targeted support for Maori community development projects.
Additionally it seeks to improve access to facilities for Maori living in the
Hibiscus and Bays Local Board area.
Implementation
28. The recommendations contained in this report do not trigger the
Auckland Council Significance Policy.
29. Council’s community leases staff will work with the Trust to
finalise the deeds for the agreement, leases and non-exclusive licence to
occupy.
30. There are no direct cost implications for Auckland Council.
Attachments
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No.
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Title
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Page
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aView
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Landowner Approval Conditions Hibiscus Mens Shed Trust
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15
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bView
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Fluker Surveying Ltd Topographical Plan and Proposed
Layout of "mens shed" and driveway with parking pad Ref 12058 Rev B
dated 31 March 2016
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17
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cView
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Hibiscus Mens Shed Trust Community Outcomes Plan
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19
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dView
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GreensceneNZ Planting Plan for Hibiscus Mens Shed
drawing name L01 dated May 2016
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23
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eView
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GIS aerial view showing council owned Skyline shed for
lease to Hibiscus Mens Shed Trust as outlined and cross-hatched in red on
Part Lot 1 DP 37919
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25
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fView
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Public notice North Harbour News 11 February 2016
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27
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gView
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Public notice Rodney Times 11 February 2016
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29
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hView
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Resolution number HB/2016/50
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31
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iView
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Image of "mens shed" on Elliot Reserve
Glenfield situated within the Kaipatiki Local Board area
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33
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jView
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Kaitiaki Report for Hibiscus Mens Shed Trust proposal
dated 15 January 2016
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35
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Signatories
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Authors
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Karen Walby - Lease Advisor
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Authorisers
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Rod Sheridan - General Manager Community Facilities
Lesley Jenkins - Relationship Manager
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