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Ōrākei
Local Board
18 May 2017
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1 Welcome
2 Apologies
3 Declaration
of Interest
There were no
declarations of interest.
4 Confirmation
of Minutes
5 Leave of Absence
There were no
requests for leave of absence.
6 Acknowledgements
There were no
acknowledgements.
7 Petitions
There were no
petitions.
8 Deputations
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8.2
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Deputation: Outboard Boating Club
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A powerpoint presentation and supporting
documents were tabled and shown. A copy has been placed on the official
minutes and is available on the Auckland Council website as a minute
attachment.
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Resolution number OR/2017/74
MOVED
by Chairman C Davis, seconded by Deputy Chairman K Parkinson:
That the Ōrākei
Local Board thanks Brian Hood and Rod Osmond, Outboard Boating Club of
Auckland Inc, for their attendance and presentation.
CARRIED
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Attachments
a Summary of
the history of Outboard Boating Club of Auckland
b Outboard Boating
Club of Auckland Presentation to the Ōrākei Local Board
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Secretarial note: Chairman
Davis tabled and read a statement regarding the Outboard Boating Club of
Auckland occupancy of part of the council recreation reserve, Tāmaki
Drive. A copy of the statement is attached at the end of these minutes.
9 Public Forum
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9.1
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Public
Forum - From the Deck
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Resolution number OR/2017/75
MOVED
by Chairman C Davis, seconded by Member C Claridge:
That the Ōrākei
Local Board:
a)
thanks Malcolm Black and Penelope Hansen, members of the
‘From the Deck’ working party and Rob Thomas, Waitematā
Local Board Member for their attendance and presentation.
b)
notes that the Board has agreed in principle to allocate
$20,000 in its 2017/2018 Infrastructure and Environmental Services work
programme for a project to restore and improve the Remuera Stream in
Newmarket Park in conjunction with the Waitematā Local Board which has also
agreed in principle to contribute an equal amount to the same project.
c)
appoints Member Claridge as lead and Member Parkinson as
alternate to represent the Board on the From the Deck Newmarket Stream
restoration group.
CARRIED
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9.2
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Public
Forum: GeckoNZ Trust
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A powerpoint presentation was tabled and shown. A copy
has been placed on the official minutes and is available on the Auckland
Council website as a minute attachment.
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Resolution number OR/2017/76
MOVED
by Chairman C Davis, seconded by Member C Claridge:
That the Ōrākei
Local Board thanks Ella Schnapp, GeckoNZ Trust General Manager for her
attendance and presentation.
CARRIED
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Attachments
a GeckoNZ
Trust Presentation to the Ōrākei Local Board
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9.3
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Public Forum: Plastic Bag Free St Heliers
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Mary Pearson was in attendance to discuss
a campaign for the discontinuation of single use plastic shopping bags in the
St Heliers business area.
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Documents were tabled in
support of this item. A copy has been placed on the official minutes and is
available on the Auckland Council website as a minute attachment.
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Resolution
number OR/2017/77
MOVED
by Chairman C Davis, seconded by Deputy Chairman K Parkinson:
That the Ōrākei
Local Board thanks Mary Pearson for her attendance and presentation
and recommends that she liaises with the St Heliers Village Association.
CARRIED
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Attachments
a Supporting
Documents: Plastic Bag Free St Heliers
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9.4
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Public Forum: Proposed Housing New Zealand Rental Developments
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Grant Dickson was in attendance to
discuss the resource consent lodged by Housing New Zealand for the
development of land at Purewa Road, Meadowbank and surrounding areas for the
intended use of state housing rental accommodation.
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A powerpoint presentation was tabled and
shown. A copy has been placed on the official minutes and is available on the
Auckland Council website as a minute attachment.
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Resolution
number OR/2017/78
MOVED
by Chairman C Davis, seconded by Member T Millar:
That the Ōrākei
Local Board thanks Grant Dickson and Tim Duguid, Meadowbank/St Johns
Residents Association Chair for their attendance and presentation.
CARRIED
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Attachments
a Presentation:
Housing New Zealand
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10 Extraordinary Business
There was no
extraordinary business.
11 Notices of Motion
There were no
notices of motion.
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12
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Ōrākei Quick Response Round Three, 2016/2017 grant
applications
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Resolution number OR/2017/79
MOVED
by Chairman C Davis, seconded by Deputy Chairman K Parkinson:
That the Ōrākei
Local Board:
a) approves the following 2016/2017 Ōrākei Quick Response Round Three grants:
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Applicant
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Project
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Allocated
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St Heliers Church and Community Centre
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Towards the programming costs of the speakers
and tutors, advertising, print material, administration, facilities hire
and catering for 70 young adults for nine meals for 'Talk To Me' Youth
Conference.
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$800
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St Chads Anglican Church and Community Centre
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Towards activities, food, decorations,
advertising and printing for a Christmas party.
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$1,300
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Total
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$2,100
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b)
requires all successful funding
applicants to acknowledge Ōrākei Local Board support for their
organisation and the event or project including the Ōrākei Local
Board logo on marketing material, product and/or promotional
media/statements.
c)
requests that if funding relates to an
event, an invitation needs to be extended to all Ōrākei Local Board
members to attend.
d)
declines the following Ōrākei
Local Board Quick Responses Round Three 2016/2017 grant applications noting
these applications were either ineligible as they did not meet funding
criteria and/or for activities well outside the Ōrākei Local Board
area:
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Applicant
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Project
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Malcolm Smith Gallery (Uxbridge Arts and
Culture)
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Towards an artist at school events and an
estuary “Clean Up Day” covering participant professional costs
and materials for workshops.
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Ms Sarah Bowman
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Towards the purchase of plants and compost
for the Te Arawa Local Food Project.
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Auckland Indian Sports Club Incorporated
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Towards venue hire fees for the New Zealand
Indian Sports Association National Indian Sports Tournament.
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e)
notes that there is $41,633.80
remaining in the Local Contestable Grants Fund 2016/2017 for the
Ōrākei Local Board.
CARRIED
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13
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Ōrākei Local Board Tree Protection Grant Programme
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Resolution number OR/2017/80
MOVED
by Chairman C Davis, seconded by Member D Wong:
That the Ōrākei
Local Board:
a) agrees
to offer tree protection grants as part of the 2017/2018 grants programme to
incentivise the retention and maintenance of scheduled trees and other trees
or groups of trees deemed to be notable based on the grant programme
eligibility criteria.
b) adopts
the 2017/2018 Ōrākei Local Board Tree Protection Grants programme
and criteria as per attachment B.
c) agrees
to set aside budget from the Local Contestable Grants budget for this Tree
Protection Grants programme 2017/2018.
CARRIED
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Secretarial note: Member Claridge requested her vote against item 13, resolution a),
b) and c) be recorded.
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14
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Ōrākei Tree Protection Grant Programme, Round Two
2016/2017
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Resolution number OR/2017/81
MOVED
by Chairman C Davis, seconded by Member D Wong:
That the Ōrākei
Local Board:
a)
approves the following 2016/2017 Ōrākei Local Board
Tree Protection grants:
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Applicant
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Project
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Allocated
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Charles Hadfield
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Towards pruning of Liquid Amber tree to bring it
back to a more manageable and safer size.
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$1,000
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Jan Bierman
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Towards pruning of the 150 years old healthy tree
for its long-term survival and safety.
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$322
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Clare Brooks
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Towards pruning for safety of the large Oak tree
causing significant blockage in the property.
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$943
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David Crown
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Towards reduction of size of the otherwise
healthy Liquid Amber for its long-term health benefit.
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$460
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Tian Zheng
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Towards pruning of Totara tree at the property
causing blockage on the storm water pipes and occasional flooding.
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$230
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Jean Nicholas
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Towards trimming of tree around powerlines and
branches over hanging footpath.
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$1,000
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Carl Bergstrom
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Towards trimming of large Oak tree at the
property to bring it back to a safer, more manageable size.
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$800
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Ron Drake
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Towards trimming of Liquid Amber to maintain form
and safety.
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$282
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Sally Blyth
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Towards retrenchment pruning of large Camphor Laurel tree on
property which is declining as a likely result of altered growing
environment.
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$1,000
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Total
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$6,037
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b)
notes that there is $8,463 remaining in the Pilot Tree
Protection Grants Fund 2016/2017 for the Ōrākei Local Board.
CARRIED
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Secretarial note: Member Claridge requested her vote against item 14, resolution a)
and b) be recorded.
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15
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Gentleman's Bay Access-way Closure
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Johan Ferreira,
Manager Project Delivery was in attendance to speak to this report.
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Resolution
number OR/2017/82
MOVED by Chairman C Davis, seconded by Deputy Chairman K
Parkinson:
That the
Ōrākei Local Board:
a)
approves the removal of the steps that
lead to Gentleman’s Bay from Glover Park and the planting of a
vegetation buffer to further deter entry to the path leading to the walkway
for safety purposes because of erosion and unstable ground conditions until a
permanent solution is found and funding allocated for an alternative access.
b)
requests that permanent signage be
erected as soon as possible on the cliff edge at Gentleman's Bay to warn of
the hazard of unauthorised entry.
c)
requests that fencing be installed at Glover
Park above Gentleman's Bay as soon as possible.
CARRIED
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16
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Auckland Transport Report, Ōrākei Local Board, May 2017
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Felicity Merrington, Elected Member Relationship
Advisor was in attendance to speak to this report.
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Documents were tabled in support of this item. A copy
has been placed on the official minutes and is available on the Auckland
Council website as a minute attachment.
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Resolution number OR/2017/83
MOVED
by Chairman C Davis, seconded by Member T Millar:
That the Ōrākei
Local Board:
a)
receives the Auckland Transport Report,
Ōrākei Local Board, May 2017.
b)
expresses its concern to Auckland
Transport at the apparent unnecessary kerbing work being undertaken
throughout the Ōrākei Local Board's area involving considerable
ratepayers' funds with no apparent benefits.
c)
requests that Auckland Transport investigate
the Elwood Place entrance to Michaels Avenue Reserve and report back to the
Board with a Rough Estimate of Cost.
d)
notes that the Wayfinding signage for Hapimana
Street is not a Local
Board Transport Capital Fund project and is a renewal managed by Community Facilities.
e)
requests that Auckland Transport revisit
any decision making in relation to the proposed bus stop along the top 700
metres of Ōrākei Road, Remuera and that the Ōrākei Local
Board supports the residents’ request to retain the status quo in this
area until further analysis has been carried out.
CARRIED
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Attachments
a Local
Board Transport Capital Fund Proposal Form
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18
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Local Boards recommendation on Easter Sunday trading
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Resolution number OR/2017/85
MOVED
by Chairman C Davis, seconded by Member R Rundle:
That the Ōrākei
Local Board:
a)
notes the Governing Body report which
provides background information and options for responding to the legislative
change.
b)
undertakes its own survey/engagement via the
Board’s stakeholder list to be expanded to include all churches in the
area using E News and other publicity in order to reflect our constituents’
views before the Board responds formally to the Governing Body noting the
Board’s recommendations are required by 30 June 2017.
CARRIED
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19
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Auckland Council’s Quarterly Performance Report: Ōrākei
Local Board
For Quarter Three, 1 January- 31 March 2017
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Resolution number OR/2017/86
MOVED
by Chairman C Davis, seconded by Member D Wong:
That the Ōrākei
Local Board:
a)
receives the performance report for the
financial quarter ending 31 March 2017.
b)
notes that the Ōrākei Local
Board has invested $3.2 million in capital expenditure and $8.2 million in
operating expenditure for the nine months ending 31 March 2017.
c)
notes that overall the financial
performance of the Board is close to budget year-to-date and that the Capital
expenditure delivery is behind budget by $3.5 million mainly in the sport and
recreation activity area as many projects are still
in the planning, tendering or early execution stages.
d)
notes that fourteen projects are
reported as requiring attention and some projects will be deferred.
e)
notes some measures in local community
services continue to show declining satisfaction, particularly, in the areas
of grant application support, the use of Council-run community centres and
venues for hire, and in customer satisfaction with events.
CARRIED
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25
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Board Member Report - Toni Millar
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There was no report.
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31 Consideration
of Extraordinary Items
There were no extraordinary items.
4.57 pm The
Chairman thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Ōrākei Local Board
HELD ON
DATE:.........................................................................
CHAIRMAN:......................................................
OUTBOARD
BOATING CLUB OCCUPANCY OF PART OF THE COUNCIL RECREATION RESERVE, TAMAKI DRIVE
(1)
There has been much incorrect information
circulating in the community about the occupancy by the Outboard Boating Club
of Council recreation reserve land in Tamaki Drive, and the Board’s
intentions, which has brought the Orakei Local Board into disrepute.
(2)
It is reiterated that the Board is not moving
“to rescind the Club’s lease on the reserve”. As there is no
lease, it cannot be rescinded. At all times the Board has been acting in good
faith following officer advice.
(3)
To resolve what appears to be an impasse, following
the recent Council elections the Board has requested detailed research into the
circumstances of the Club’s occupancy of part of the recreation reserve.
The Board is conscious of the Club’s development proposals and has no
intention to hinder the Club which has had long-standing history and occupancy
of part of the reserve. Nonetheless, it is important to traverse some of the
background.
(4)
The Auckland Council is the owner of a parcel of
land in Tamaki Drive, which is held as a recreation reserve under the Reserves
Act 1977. Within the Council structure, the reserve is a “local
park” according to the Council’s allocated decision-making roles,
and the governance of the recreation reserve is by the Orakei Local Board.
(5)
The reserve is presently unnamed. Part of the
reserve is occupied by Lilliputt. The balance is partly grassed and sealed and
provides access to the two boat launching ramps available to the public, which
were required by the former Auckland Regional Council in 1999 as part of the
consenting process for the adjacent Outboard Boating Club development, which
includes a clubhouse, marina and associated parking on reclaimed land.
(6)
The Club has occupied an area of the
Council’s recreation reserve under licence since 1959.
(7)
In 2010/2011 the Club sought to purchase the
part of recreation reserve it occupied. This was declined by the Governing Body
of the Auckland Council because of its prime location and its long term open
space benefit to the public.
(8)
In 2011 to provide security of tenure and a more
formal occupancy arrangement, the Club applied for a Licence to Occupy the
grassed area of the recreation reserve.
(9)
On 4 July 2012 the Orakei Local Board resolved,
acting on officer advice, to grant a Licence to Occupy to the Outboard Boating
Club of Auckland Inc. to occupy a defined area of the Council recreation
reserve. The term of the Licence was for 5 years commencing on 1 July 2012 with
one five year right of renewal with an annual rent of $1, and subject to
standard clauses requiring the Club to provide a Community Outcomes Plan and to
comply with all other terms and conditions as per the Council’s Community
Occupancy Guidelines.
(10) Subsequent to this decision, the Board was informed that as part of
the licence negotiation process Council staff became aware that the
Club’s use of the area was an exclusive use because public access and
enjoyment of the area was, and is, substantially restricted by a fence on
Tamaki Drive frontage, and security controlled gates and barrier arms that the
Club had erected at the entrance to the public reserve, which is contrary to
the general objectives for recreation reserves and the Board’s intention
in agreeing to a Licence to Occupy. The Board’s intention was, and is, to
provide for appropriate public access needs, and that the reserve would
continue to support boating activity of the Club and the public.
(11) The Board has been informed that a Licence to Occupy is based on the
premise that a licensee is authorised to come into a defined area to carry on
an authorised activity but does not provide exclusive occupation and use of
that area. Whereas a lease implies exclusive use which was not, and is not, the
Board’s intention. The intention in granting a licence was continued
public access to the reserve.
(12) Accordingly, a draft Licence was not presented to the Club for
execution. The draft remains unexecuted.
(13) The 1959 occupation licence is still in effect. The term of that
licence commenced on 1 September 1959 and has been rolled over annually with
the consent of both parties since that date.
(14) The Club asserts that the Board’s 2012 resolution is valid and
therefore it has occupancy based on that decision. The Board, having sought and
received professional advice, agrees and is satisfied that the previous 2012
resolution stands and that the Club has a legitimate expectation of being
granted a Licence to Occupy. The 2012 resolution gives Council staff scope to
negotiate appropriate licence terms as that resolution does not set out all the
terms and conditions.
(15) In 2015 an on-site meeting was held with Club representatives and
local board members and Council staff to discuss a revised licence area and at
that meeting a smaller area to be covered by a licence was presented and
discussed. Subsequently, Board members and Council staff have met on occasions
in good faith with Club representatives to resolve what has become an impasse.
The Board’s proposal, acting on officer advice, was to allow
members’ vehicles to cross and access to the Club’s premises,
providing public access to the two public boat launching ramps (while
acknowledging the Club’s responsibilities under the 1999 resource
consent), with public boat trailer parking, opening up the reserve for public
passive recreation as required by the legislation, but still providing for
reasonable access and use by the Club. This would of course require the removal
of the fence and the re-location of the barrier arms. The question of the whole
reserve being set aside for parking is a legal matter.
(16) The Board wishes this matter to be resolved amicably to the
satisfaction of both the Club and the Orakei Local Board of the Auckland
Council as soon as possible. In terms of the Board’s resolution the staff
will continue negotiations with the Club.
Colin
Davis
Chairman
Orakei
Local
Board
18 May 2017
