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Hibiscus and Bays
Facilities and Reserves Committee
24 August 2016
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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
8.1 Silverdale War Memorial Reserve Management Committee 5
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 6
12 Renewal and variation of community lease and new community
licence to occupy to East Coast Bays Community Creche Incorporated, 5 Inverness
Road, Browns Bay 7
13 Consideration of Extraordinary
Items
2 Apologies
An apology from Member JG Parfitt 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 meeting,
held on Wednesday, 27 July 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 Silverdale War Memorial Reserve
Management Committee
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Members of
the Silverdale War Memorial Reserve Management Committee have requested a deputation
to provide an update to the committee on their activities.
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Recommendation/s
That the Hibiscus and Bays
Facilities and Reserves Committee:
a) Thank the representatives of
the Silverdale War Memorial Committee for their 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
24 August 2016
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Renewal and
variation of community lease and new community licence to occupy to East Coast
Bays Community Creche Incorporated, 5 Inverness Road, Browns Bay
File No.: CP2016/15784
Purpose
1. To grant a renewal and variation of community lease and a new
community licence to occupy to East Coast Bays Community Creche Incorporated,
Browns Bay Village Green, 5 Inverness Road, Browns Bay.
Executive
summary
2. The East
Coast Bays Community Creche Incorporated has a community lease which provides
for a right of renewal for the period 1 December 2015 until 30 November 2025.
The deed of lease did not record the correct legal description of the land or
include a site plan.
3. East Coast
Bays Community Crèche Incorporated management have requested three car spaces
outside the creche building to meet its facility management plan. It is
recommended that a community licence to occupy rather than lease for one car
space in front of the building be given and for the same term as contained in
the community lease.
4. This report
recommends the local board grant a renewal and variation of
community lease and community licence to occupy to East Coast Bays Community
Creche Incorporated for a term of 10 years commencing 1 December 2015.
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Recommendation/s
That the Hibiscus
and Bays Facilities and Reserves Committee:
a) grant
a renewal and variation of community lease to East Coast Bays Community
Creche Incorporated subject to the following terms and conditions:
i) Term:
10 years commencing 1 December 2015;
ii) Rent:
$1.00 plus GST per annum;
iii) Variation
to include a lease area site plan (Attachment A);
iv) Variation
to include Lot 10 Block ll on Deposited Plan 10801 as part of the legal
description of the location of the community creche
b) approve all other terms and conditions as contained in the
existing community lease commencing 1 December 2005 excluding this right of
renewal
c) grant a licence to occupy to East Coast Bays Community Creche
Incorporated for one car space on Browns Bay Village Green (Attachment B)
subject to the following terms and conditions:
i) Term: 10
years commencing 1 December 2015;
ii) Rent:
$1.00 plus GST per annum;
iii) All
vehicles using the allocated car space must reverse in.
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Comments
Variation
of lease and licence to occupy
5. The East
Coast Bays Community Creche (the creche) has a community lease entered into
with the legacy North Shore City Council for a term of 10 years commencing 1
December 2005 with one 10-year right of renewal. The creche wishes to exercise
its right of renewal for the period 1 December 2015 until 30 November 2025.
6. The creche
occupies a council-owned building located on part of Browns Bay Village Green,
5 Inverness Road, Browns Bay legally described as Lots 9 and 10 Block ll on
Deposited Plan 10801. Both Lots are held in fee simple by Auckland Council as
classified local purpose (community buildings) reserve and subject to the
Reserves Act 1977. The activity of the creche aligns with the reserve
classification.
7. A variation
to the community lease document is required to include a site plan which was
omitted in 2005 and further, to accurately record Lot 10 Block ll on Deposited
Plan 10801 as the legal description of the location of the creche in addition
to Lot 9.
8. Creche
management requested the allocation of three car spaces to enable it to meet
its own civil defence emergency management plan. It is recommended that only
one car space be allocated in front of the building by way of a licence to
occupy. This is an existing car space constructed in dobie blocks. Auckland
Council parks department will install two bollards along the footpath to
separate the car space from pedestrians. For pedestrian safety all vehicles
using this car space must reverse in. The driveway along the west wall of the
creche will be pedestrian access only onto the Browns Bay Village Green with no
provision for car parking.
The
creche
9. The creche
was registered as an Incorporated Society on 3 September 1987. The creche’s
objective is:
· To provide an essential facility
where parents and caregivers of pre-school children can leave them to be cared
for and supervised in a stimulating, educational environment, on suitable
premises, by appointed staff.
10. The creche is
supported and licensed by the Ministry of Education. All teachers are
qualified and registered to the profession. There are over 100 families using
the crèche and 25 families on the waiting list.
11. The creche
operates during school terms and is registered with Work and Income New Zealand
for those families who qualify for a childcare subsidy. It also offers up to
20 hours of early childhood education for those children over the age of three.
12. The creche
operates at a teacher child ratio of 1:4 for under two’s and 3:22 for over
two’s. Session hours are Monday 9am-12pm with an extension to 1.30pm if
required and Tuesday to Friday from 9am-12pm and 12.30pm-3.30pm.
13. The recommendations contained in this report do not trigger the
Auckland Council Significance Policy.
14. Council staff
has sought input from relevant council departments.
Consideration
Local
board views and implications
15. Council
staff sought input from the Hibiscus and Bays Local Board Facilities and
Reserves Committee on 12 February, 11 March and 8 July 2016.
16. The Hibiscus and Bays Local Board Facilities and Reserves Committee
are the allocated decision making authority to approve the granting of a
renewal and variation of community lease and community licence to occupy.
Māori
impact statement
17. There are no
changes in use or operational activities being conducted on the land.
Implementation
18. There is no cost implication associated with the approval of the
renewal and variation of community lease.
19. The cost implications for the licence to occupy are associated with
the installation of two bollards which will be met by Auckland Council parks
department.
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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Community lease site plan for East Coast Bays
Community Creche Incorporated, Browns Bay Village Green, 5 Inverness Road,
Browns Bay
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11
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bView
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Community licence to occupy site plan for East Coast
Bays Community Creche Incorporated, Browns Bay Village Green, 5 Inverness
Road, Browns Bay
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13
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Signatories
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Authors
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Donna Cooper - 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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