Addendum Agenda of Ōrākei Local Board

I hereby give notice that an ordinary meeting of the Ōrākei Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 1 September 2016

3.30pm

St Chads Church and Community Centre
38 St Johns Road
Meadowbank

Ōrākei Local Board

OPEN ADDENDUM AGENDA

MEMBERSHIP

Chairperson	Desley Simpson, JP
Deputy Chairperson	Kit Parkinson
Members	Ken Baguley
	Troy Churton
	Kate Cooke, JP
	Colin Davis, JP
	Mark Thomas

(Quorum 4 members)

Kim Lawgun

Democracy Advisor

24 August 2016

Contact Telephone: 021 302 163

Email: kim.lawgun@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Ōrākei Local Board

01 September 2016

Draft Annual Report 2015/2016 - Ōrākei Local Board report

File No.: CP2016/14665

Purpose

1. This report compares actual activities and performance with the intended activities and level of service set out in the Local Board Agreement 2015/2016. The information is prepared as part of the local board’s accountability to the community for the decisions made throughout the year.

Executive summary

2. The Auckland Council Annual Report 2015/2016 (AR) is currently being prepared and progressed through an external audit process. In late September, the audit is expected to be completed and the final report will be approved and released to the public. The AR will include performance results for each local board.

3. The local board is required to monitor and report on the implementation of the Local Board Agreement for 2015/2016. The requirements for monitoring and reporting are set out in the Local Government (Auckland Council) Act 2009. These requirements include providing comment on actual local activities against the intended level of service, and for the comments to be included in the AR.

4. The 2015/2016 local board agreements formed part of the Long-term Plan 2015-2025 (LTP). The performance measures included in the LTP changed significantly from the previous LTP. This AR is the first time that we are reporting back externally against these new performance measures.

5. The attached report is proposed for approval by the local board. The report includes the following sections:

- Message from the chairperson

- The year in review

- How we performed

- Financial information.

Recommendation/s

That the Ōrākei Local Board:

a) note the monitoring and reporting requirements set out in the Local Government (Auckland Council) Act 2009 and the draft local board information proposed for the Auckland Council Annual Report 2015/2016.

b) receive the draft local board report to be included in the Auckland Council Annual Report 2015/2016.

c) approve the message from the chairperson, which provides the local board’s comments on local board matters in the Annual Report 2015/2016.

d) delegate authority to the chairperson and deputy chairperson to make typographical changes before submitting for final publication.

Comments

6. The local board is required to monitor and report on the implementation of Local Board Agreement 2015/2016. The requirements for monitoring and reporting are set out in the Local Government (Auckland Council) Act 2009, as follows:

Section 23 monitoring and reporting

(1) Each local board must monitor the implementation of the local board agreement for its local board area.

(2) Each annual report of the Auckland Council must include, in respect of local activities for each local board area, an audited statement that –

i) compares the level of service achieved in relation to the activities with the performance target or targets for the activities (as stated in the local board agreement for that year); and

ii) specifies whether any intended changes to the level of service have been achieved; and

iii) gives reasons for any significant variation between the level of service achieved and the intended level of service.

7. Each local board must comment on the matters included in the Annual Report under subsection (2) in respect of its local board area and the council must include those comments in the Annual Report.

8. This report focuses on the formal reporting referred to in Section 23 above. Attachment A provides the draft local board information for inclusion in the Annual Report 2015/2016. The report contains the following sections:

	Section	Description
a)	Message from the chairperson	Legislative requirement to include commentary from the local board on matters included in the report.
b)	The year in review a. - Financial performance b. - Key achievements c. - Key projects d. - Challenges in our area e. - Looking forward	Snapshot of main areas of interest for the community in the local board area.
c)	How we performed	Legislative requirement to report on performance measure results for each activity, and to provide explanations where targeted levels have not been achieved.
d)	Financial information	Legislative requirement to report on financial performance results compared to LTP budgets, together with explanations about variances.

9. Local board comments on local board matters in the annual report will be included in the Annual Report as part of the message from the chair.

10. The next steps for the draft Annual Report are:

· Audit during August 2016

· Report to the Finance and Performance Committee on 22 September

· Report to the Governing Body for adoption on 29 September

· Release to stock exchanges on 29 September

· Publication on 7 October

· Copies of the Annual Report will be provided to the local board offices, Auckland Council libraries and council service centres.

Consideration

Local board views and implications

11. Local board comments on local board matters in the Annual Report will be included in the Annual Report as part of the message from the chair.

Māori impact statement

12. The Annual Report provides information on how Auckland Council has progressed its agreed priorities in the Long-term Plan over a 12-month period. This includes engagement with Māori, as well as projects that benefit various population groups, including Māori.

Attachments

No.	Title	Page
a ⇩	Draft 2015/2016 Annual Report	9

Signatories

Authors

Audrey Gan - Lead Financial Advisor Local Boards

Judy Kerling - PA to Group Financial Controller

Authorisers

Christine Watson - Manager Financial Advisory Services - Local Boards

Adam Milina - Relationship Manager - Albert-Eden & Ōrākei Local Boards

Ōrākei Local Board

01 September 2016

Environment Court decision on sportsfield upgrades at Michaels Avenue Reserve

File No.: CP2016/18010

Purpose

1. To inform the Ōrākei Local Board of the Environment Court’s decision regarding Auckland Council’s resource consent application for lights and noise (winter months only) at Michaels Ave Reserve and to request the board to nominate two representatives to sit on the soon to be formed (as per condition of consent) Michaels Ave Community Liaison Committee (CLC).

Executive summary

2. Auckland Council applied in 2014 for resource consent relating to small district plan rule exceedances for ‘lights and noise’ on the lower fields and for ‘noise’ on the upper artificial field. The light exceedances relate to the height of poles and lux levels on the fields (but not on the boundary with private property).

3. The exceedances for noise on the upper and lower fields have existed historically but the build of the artificial upper field in 2013 and the recent conversion of the lower fields to sand carpets (with provision for the future installation of field lights) means the capacity of the fields have increased significantly. The noise exceedances therefore occur on a more frequent basis than in the past and have become more noticeable for neighbours.

4. The court considered that all parties had sought to progress the issue in a ‘realistic and pragmatic way’, recognising that council is looking to intensify use of existing sports fields and that residents are looking to maintain reasonable levels of amenity, particularly by minimising activities during the evening when they are at home.

5. However the court noted that a degree of compromise was required and have granted consent with a set of conditions that both allow increased levels of play under lights but also provide residents with levels of respite and a level of comfort that noise exceedances, relating to both competition games and training, would not occur seven nights a week.

6. While the court set out specific times for the evening use of fields it did not set specific limits on permitted levels of noise exceedance. It considered that issues around the use of the fields and associated noise would most effectively be dealt with through a Community Liaison Committee (CLC) formed by representatives from all the key stakeholder groups associated with the site.

7. The court also identified the need for Auckland Council to prepare, in consultation with the CLC, a Michaels Avenue Reserve Management Plan and Strategy (MARMPAS).

Recommendation/s

That the Ōrākei Local Board:

a) receive the decision and conditions of consent from the Environment Court for the consent application relating to noise and lights at Michaels Avenue Reserve.

b) nominate two local board portfolio holder representatives to sit on the proposed Michaels Avenue Reserve Community Liaison Committee.

Comments

Background

8. Resource consent was granted by the Environment court on June 30th 2016 for noise on the upper fields and noise, plus the installation of lights, on the lower fields (copy of final court decision on conditions provided in Attachment A).

9. Auckland Council, in order to address issues relating to lights and noise in the consent application before the court, proffered, amongst other things, limits on the hours of play, acoustic noise walls (upper field only), mechanical ventilation systems to property owners around the upper fields where noise walls were going to be ineffective, a code of conduct for players as part of the noise management plan and a noise complaints response protocol.

10. The court generally supported these measures and put in additional conditions in order to further mitigate the impacts of noise. The court’s final set of conditions are summarised as follows:

Upper Fields

· no use of the fields under floodlights on Sundays and public holidays.

· no use of the fields under floodlights after 7.00pm on Mondays

· no use of the fields under floodlights after 9.00pm on Tuesday to Saturday

· Competition games (under lights in the evening) shall be permitted only on Friday, Saturday and one other day between Tuesday and Thursday (the ‘other day’ shall be the same ‘other day’ as on the lower field).

Lower Fields

· There shall be no use of the fields under floodlights on Saturday, Sunday, Monday and public holidays

· There shall be no use of the fields under floodlights after 9pm on Tuesday to Friday

· Competition games (under lights) shall be permitted only on Friday evening and one other evening between Tuesday and Thursday (the ‘other day’ shall be the same ‘other day’ as on the upper field).

Additional conditions included:

· the installation of four sections of noise wall around the upper artificial field as marked out in Attachment C.

· the offer of mechanical ventilation to five properties located on Elwood Place and Michaels Ave.

· the offer of noise mitigation where noise levels exceed 58 DbL10 caused by winter sport at any residential property façade around the upper or lower field.

11. While the court set out specific times for the evening use of fields it did not set specific limits on permitted levels of noise exceedance. It considered that issues around the use of the fields and associated noise would most effectively be dealt with through a Community Liaison Committee (CLC) formed by from the following key stakeholders:

· Auckland Council, Parks, Sports and Recreation;

· Ōrākei Local Board;

· Ellerslie Association Football Club;

· Ellerslie Cricket Club;

· Ellerslie YMCA;

· Friends of Michaels Avenue Reserve Incorporated;

· Michael Park School; and

· 1-2 adjoining neighbours not part of d) above

12. Confirmation of which representatives from the relevant stakeholder groups will be has been asked for and with a view to the first CLC meeting being held in September 2016. The Sports Parks unit have been informed that the Parks Sport and Recreation and Environment and Heritage portfolio holders will represent the interests of the Ōrākei Local Board on this committee and staff are seeking formal confirmation of this.

13. The court also concluded that ‘the key mechanism for intensification of sporting use on this site, and for achieving residential amenity at an appropriate level for the area, is the use of a Management Plan approach’. The CLC would be involved in both contributing to and commenting on the plan (referred to as the Michaels Avenue Reserve Management Plan and Strategy - MARMPAS) and identifying any areas of outstanding concern before it proceeds to Council level. The MARMPAS will include a set of identified goals for the management and future development of the reserve and provide guidance on issues such as the management of noise, parking and traffic management, odour issues, a noise complaints response protocol and a code of conduct for field users.

14. The council can undertake a review of the consent conditions annually at its discretion or the liaison committee can unanimously recommend a review of the conditions of consent by the council.

Local board views and implications

15. The Ōrākei Local Board were kept abreast of project developments relating to the upgrade of the artificial field in 2013 and the sand carpeting of the lower fields in 2014 to 2016.

16. A public meeting was held in June 2014 at which council staff presented to the public, and some members of the Ōrākei Local Board, details of the past and future developments to be delivered as part of the 2008 Michaels Avenue Reserve Landscape Master Plan. Details of council’s intention to submit a ‘publicly notified’ resource consent for ‘lights and noise’ at the reserve in 2014 were also presented.

17. The board were informed of the successful granting of this consent application at the end of 2014, the subsequent appeal and the position that council intended to take with regards to the Environment Court Hearing.

Māori impact statement

18. The upgrade of the fields at Michaels Avenue Reserve has no particular impacts on Māori that are different from other users of the parks network.

Implementation

19. The following implementation time lines have been set out by the court and are detailed in the attached consent decision:

· All noise assessments for determining internal noise limits to be undertaken within 12 months of the granting of the consent.

· Prepare the initial (draft) MARMPAS by the end of the first winter season after which the new lighting poles and floodlights become operational, with the full and final plan to be completed within a two year period.

· Develop an interim noise complaints response protocol and code of conduct and related control mechanisms within one month of the granting of consent.

20. Council intends to install the lights on the lower fields in the summer of 2016/17.

21. No funding or time lines have been established for the delivery of stage three works (new club rooms and redevelopment of vehicle and pedestrian access through the centre of the reserve) and stage four works (passive park improvements) as set out in the landscape master plan.

Attachments

No.	Title	Page
a ⇩	Final Court decision on conditions	25
b ⇩	Lighting poles plan	45
c ⇩	Acoustic fencing plan	47

Signatories

Authors

Christopher Felton - Sports Parks Advisor

David Barker - Environment and Programmes Team Leader

Authorisers

Adam Milina - Relationship Manager - Albert-Eden & Ōrākei Local Boards

Mace Ward - General Manager Parks, Sports and Recreation

Ōrākei Local Board

01 September 2016

New community lease to Ōrākei Tennis Club Incorporated, 146 Kepa Road, Ōrākei

File No.: CP2016/18379

Purpose

1. To grant a new community lease to Ōrākei Tennis Club Incorporated, located on part of Kupe Reserve, 146 Kepa Road, Ōrākei.

Executive summary

2. The lease to the club expired on 1 December 2014 and continues on a month by month basis. The club wishes to continue its activities and has applied for a new lease.

3. There is no management plan for Kupe Reserve therefore public notification and Iwi consultation was undertaken in terms of the Reserves Act. At the time of writing this report the one month public notification of the proposed lease to the tennis club had not closed. Council staff will give a verbal report to the local board at this meeting.

4. This report recommends the granting of a new community lease to Ōrākei Tennis Club Incorporated for 10 years commencing 1 September 2016 with one 10-year right of renewal. This is the recommended term in the Auckland Council Community Occupancy Guidelines July 2012.

Recommendation/s

That the Ōrākei Local Board:

a) Grant a new community lease to Ōrākei Tennis Club Incorporated for part of Kupe Reserve, 146 Kepa Road, Ōrākei (Attachment A) on the following terms and conditions:

i) Term – 10 years commencing 1 September 2016 with one 10-year right of renewal;

ii) Rent - $1.00 plus GST per annum if requested;

iii) The Ōrākei Tennis Club Incorporated Community Outcomes Plan as approved be attached to the leased document (Attachment B);

iv) Delegates to the chair the power to appoint an independent hearings commissioner if required; to hear from submitters and make recommendations to the local board;

b) All other terms and conditions will be in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines July 2012.

Comments

The lease and land

5. The club entered into a community lease with the legacy Auckland City Council for a term of five years commencing 2 December 1999 with two five-year rights of renewal. The club’s lease expired on 1 December 2014 and is continuing on a month by month basis.

6. The club owns the pavilion and seven flood lit tennis courts located on Kupe Reserve, 146 Kepa Road, Ōrākei (Attachment A). The reserve is legally described as Part Lot 150 on Deposited Plan 37691. Part Lot 150 is held by the Crown through Department of Conservation as a classified recreation reserve, vested in Auckland Council in trust and subject to the Reserves Act 1977. The activity of the club aligns with the reserve classification.

7. As specified in the Auckland Council Community Occupancy Guidelines 2012, groups that own their own buildings have an automatic right to re-apply at the end of their occupancy term without requiring an expression of interest.

The club

8. The club has occupied the premises since 1947 and currently has a strong membership of 160 players of all age groups. Hours of operations are 8am to 10pm Monday to Sunday.

9. The club has a resident coach and assistant that runs a comprehensive junior coaching programme. The club also runs the Tennis NZ Hot Shots program in the local St Joseph’s and Ōrākei Primary Schools. It offers two annual scholarships to junior players selected from the after school program run by Ngāti Whātua o Ōrākei.

10. The club plans to continue building on local in-school coaching that they fund.

11. The club was recently voted Tennis Auckland Club of the Year, and has significantly increased its membership and coaching programme over the last 18 months.

12. The club’s facility is used by Bodylight Pilates for two hours per week.

13. The club has a refurbishment programme for the clubrooms and playing surfaces. To date the toilets and changing facilities have been upgraded and the roof replaced. Funding is now being sought to continue with the building upgrade and improvements to the courts and floodlights.

14. The club was registered as an Incorporated Society on 26 October 1949 and is affiliated to Tennis Auckland. The club’s objective is “the development, enjoyment, promotion and playing of the sport of tennis and such other complimentary or ancillary sporting activities”.

15. The club has formally requested to terminate the current lease that is rolling over on a month to month basis to effect a seamless transition between the current lease and a new lease agreement being executed.

Consideration

Local board views and implications

16. Council staff sought input at a workshop with the Ōrākei Local Board on 14 July 2016 and further discussed the report at a portfolio meeting on 11 August 2016.

17. The Ōrākei Local Board is the allocated decision-making authority to approve the granting of a new community lease.

Māori impact statement

18. Iwi consultation took place on 19 July 2016 by email with the 15 mana whenua contacts for the Ōrākei Local Board. As at 18 August 2016 six responses were received follows:

· Te Runanga o Ngāti Whātua – defer those interests to Ōrākei

· Ngāti Tamaoho - defer this to Ngāti Whātua o Ōrākei

· Ngāti Te Ata - neither support, oppose or offer alternatives regarding this application

· Te Ahiwaru Waiohua - defers interest in this project to Ngāti Whātua o Ōrākei

· Ngāti Whātua o Kaipara - the notice/application is not an area of Kaipara and refer to Ngāti Whātua o Ōrākei for comment.

· Ngāti Whātua o Ōrākei - I have discussed this internally and we are ok for the application being made by the Ōrākei Tennis club.

Implementation

19. There are no costs implications for Auckland Council associated with the grating of a new community lease.

Attachments

No.	Title	Page
a ⇩	Site Plan for Ōrākei Tennis Club, Kupe Reserve, 146 Kepa Road, Ōrākei	53
b ⇩	Ōrākei Tennis Club Incorporated Community Outcomes Plan	55

Signatories

Author

Donna Cooper - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Relationship Manager - Albert-Eden & Ōrākei Local Boards