MISTY CLIFFS VILLAGE ASSOCIATION NEWSLETTER - December 2005
Editor: Tim Anderson

IT'S that terrible time of year when ear-splitting paralysis surrounds us and all attempts to arouse normal commercial activity are defeated - unless the activity is that traditional shameless phenomenon we know so painfully as retail robbery. Your committee has therefore for the time being postponed planning towards the golf estate and casino until things in general return to the common consciousness.

A GOOD PARTY
A lot of Mistycliffers are seasonal or occasional residents and have missed out on actually meeting neighbours and discovering that despite them having authored this or that monstrously hideous house they are nice friendly people well worth getting to know. So, most of you might say that the best thing the committee did during the last 12 months was to arrange that innovative get-together at the Mossop house on 2 December.

It was remarkably successful and a happy and useful event with balmy weather and fantastic victuals most capably organized and provided by Lyn Mossop and her unsung unrewarded lieutenants Anni Lehr, Maureen Morris and Barbara Tunbridge. Thank you, lovely ladies - a job wonderfully well done. In keeping with the curious Cape habit of confirming attendance and then failing to pitch without explanation, a number of folk missed out, but at least Lyn and family could feed for a few days from the over-catering.

Next year we will definitely repeat the event but make it after 16 December so that the Gauteng aliens and other out-of-towners will have arrived for their holidays. We'll give earlier notice so that folk can include the Misty party in their diaries.

FOOT-SLOGGERS
Some of you will have noticed that the flight of wooden steps at the north end of upper Old Camp Road has now been extended to meet the higher level of the upgraded road. Opposite the bottom of the steps is the footpath to the beach and we are funding wooden steps to make it safer for the small, the old, and the inebriated to negotiate the last steep section down onto the sand; we hope this will be completed before Christmas.

Steps will also be built at the south end of upper Old Camp Road to connect with the route that intrepid explorers (armed with permit as well as machete) take through the kloof alongside the stream. The purpose is mainly to protect the steep sandy slope against erosion caused mainly by contractors' personnel who, understandably, take a short cut by scrambling up and down the slope rather than walking round the long loop of the surfaced road.

BUILDING WORK
Our remote little hideaway is busy undertaking its own densification programme with the da Silvas making rapid progress on their house construction on Erf 14 on upper Old Camp Road. Fairly early next year Wayne and Megan Smith should begin building on Erf 27, which is the last plot on the south end of the road. Amir Damji has demolished the structurally damaged house on Erf 47 and we are currently awaiting sight of his plans for the replacement house. Bob and Felicity Fussell are considering possible enhancements to their house on Erf 46, while Robin and Charmaine Frew will be rejigging their place on Erf 42. Glynn Speeckaert hopes to begin construction of his house on Erf 19 before long - Glynn has to operate from overseas and we know very well that building at long range is rather a fraught process.

BUILDING PLANS
There have been some difficulties with building planning. One or two owners have expressed exasperation with delays in getting their plans passed but this has most times been because of disregard or defiance of the guidelines and/or of general building regulations. Long bureaucratic delays must be expected and accepted if applications are made for waivers - so discourage your architect from coming up with ideas that depend on waivers!

Clear information about what may and may not be done, and many useful recommendations and gems of advice are implicit in the Scarborough and Misty Cliffs Building Guidelines which were drawn up and have evolved sensibly over time in close consultation with the Municipality. To expedite planning, these requirements and recommendations should be studied by owners and their architects at an early stage of design proposals.

The Council takes very seriously any objections or queries which we might make concerning plans and proposals. The Council will not approve or even consider plans which have not already been approved and stamped by your committee. We enjoy the full support of the Council; we do not act frivolously, and we do not neglectfully delay any submissions. Perusal of plans by your committee and our consultant architect is time-consuming and this is why we require a scrutiny fee of R2 500.

Over the last few months, we have begun routinely keeping a technical watch on building progress to see that material departures from approved plans and/or regulations do not occur - gross instances of this have happened in the past. However, unless there appears to be a major difference we do not intrude on the contractor by acting as supernumary foremen and inspectors. We do not snoop around with a measuring tape and dumpy level or criticise what may strike us as poor work.

Recently an owner sought to have us determine whether or not a neighbour's new chimney might be higher than authorized by the approved plans and signed off by the Council's building inspector. The only way to retro-check this would be to engage a surveyor at a cost approaching R2 000; obviously this kind of double-check is beyond the time and financial resources of your committee. However, your committee remains prepared in principle to support any serious complaint about what might constitute a breach of regulations or of approved plans.

Undoubtedly the most asked-about house is that on Erf 29, its long-unfinished access, and its curious outbuildings. The good news is that this whole matter is what has driven the Council to now support us much more decisively and for us in turn to become much more pro-actively vigilant. The bad news is that the visual impact of these particular buildings seems unlikely to be changed much, and completion is probably still rather distant. In this case the Council took over-long in acting against the several breaches of regulations and departures from approved plans. Unfortunately, retroaction against unauthorized work is notoriously difficult to achieve.

* The present position is that the owner, Progro Trust, has applied to purchase a portion of the municipal road reserve in order to construct on it an approved driveway and garage for which appropriate engineering plans would subsequently have to be submitted. The plans would need to include appropriate support works for the structurally affected part of Old Camp Road itself.

* On another portion of road reserve, that running down to the main coastal road, the owner had hoped to gain rental rights from the Council but the application was eventually rejected. Nevertheless, the owner constructed a pathway on this section and Council subsequently compelled its demolition.

* The "Gazebo" on the sea-side of the house was built in contravention of approved plans and the owner has applied for a land-use change to legitimise this structure; if granted the structure would presumably remain unchanged.

* In contravention of another regulation the main building included a separate flat, and although this remains, internal alterations have legalised it. Another item presently unresolved is technical concern about the adequacy of the soak-away associated with the main building's numerous toilets.

"ROAD DEPOSIT"
Some owners have queried the requirement for a R10 000 refundable deposit against possible damage to roads and the associated natural environment. The need for this is especially appropriate now that the Old Camp Road has been properly constructed and paved.

The reality is that damage does occur, sometimes inadvertently but more often because of carelessness by a contractor or subcontractor. It is a particular risk when heavy machinery is used for excavation and heavy transport is used for cartage and deliveries. A deposit encourages the contractor to exercise greater care and supervision. In theory the Council must maintain the road but it may take literally years before repairs are actually done, and during that time any damage may be unsightly and is very likely to get worse. Clearly it's a better idea to have the culprit promptly undertake such repairs.

An associated matter is the requirement to have the regulation two off-street parking areas prepared/excavated before any other construction work is begun or there is delivery of materials. The reason is simply that along the main road there are very few spots where materials can be off-loaded without causing a traffic hazard, while on the mountainside the road is so narrow that unless there is an area for materials storage the road will be obstructed and probably damaged. Typical problems are sand and rubbish washed into and blocking the drainage gulleys and catchpits, cement stains on paving bricks, cracked/broken kerbstones, and chipped paving from crushed stone being ground into the surface by passing vehicles.

OLD CAMP ROAD FINANCIAL INFORMATION
As we boasted in the October newsletter our project team completed the "upgrade" (in reality it was a complete rebuild) of Old Camp Road within budget. That's a remarkable achievement these days when we read so often about enormous over-runs on engineering contracts. Because your association is now registered with SARS as a Public Benefit Organization there will be a mandatory independent audit of its affairs and (separately) of the road upgrade project. In the meantime, those among you afflicted with the terrible curiosity of accountants might be interested in the following numbers:

The construction contracts totalled R1 959 685 to which should be added R227 993 which was the Misty Cliffs share of the project management costs (Consulting Engineer, Clerk of Works, Surveys, Environmental Impact Assessment and E.I. Monitoring). Also add the project overhead of R11 526, making R2 199 204 in total, to which should be added SPA's substantial additional costs which, of course, have not been disclosed to us.

At the end of the project a small amount of cash (R10 747) remains in MCVA's hands and this has been placed in a Site Rehabilitation and Road Maintenance Fund because, although SPA has responsibility for maintenance, your committee feels that the Municipality may be unable or unwilling to undertake such work expeditiously.

Of the total of R2 199 204 the Municipality contributed R800 000 (69%) to the construction costs and R79 419 was earned in interest because many owners generously paid early enough to gave MCVA and the SPA sufficient confidence for the construction contracts to be let.

WHO CHIPPED IN
Several owners have asked who actually contributed towards the cost of the upgrading. Here are their names: Natasha van Zyl, Estienne du Toit, Mark Rosling, Brian Marsh, David Barritt, Garth Le Roux, Steve Wayland, Kobus Loots/Greg Shaw, Mark Eppel, Tony da Silva, Andrew Eve, Peter Swift, Ron Eastes, Cal Bruns, Andrew Nash, Jeff Spencer, Guy Anderson, Michael Fitz, Dieter Bossow, Terence Maritz, Andreas Wackernagel, Doug Tunbridge, Audrey Alexander, Attilo Dalvit, Jolyon Leslie, Mike Bosman, Amanda Leslie, Linda Dobbs, Tony Turner, Dennis Williams, Schalk Visser, David Figg, Stan Cohen/Van Zyl/La Grange, Linda Visser.

For various reasons not everyone paid the same amount; but the majority did, making just on 85 per cent of the affected owners being financial participants. A couple paid a lot more, a couple a lot less, one or two folk came in late (conscience or Lotto we wonder), and a few promised fervently but didn't cough at the crunch! The late bits will help us fund the environmental rehabilitation and maintenance work mentioned once the weather cools off.

FIRE AND ALIEN BUSH
Not many owners acted on our individually addressed requests to clear excessive alien and/or over dense bush on their properties. A list of those who have not to date taken action has now been passed to the SPA from where notices will be sent out warning owners that the Council will itself undertake the clearing and debit the owners through their rates and services accounts. In some instances the owners may be charged and fined for allowing excessive growth to occur, thereby constituting a public hazard.

The danger of a devastating fire is extremely high this year: It is five years since the last big fire and the vegetative cover is very thick. The so-called informal community at Redhill is even larger than before and, according to the Fire Department, there are active arsonists at large. It is not an exaggeration to say that owners who do not keep their land cleared of aliens and/or let the total growth become excessive are themselves almost arsonists. They are promoting a serious risk to neighbouring properties and, as we've pointed out before, are opening themselves to claims from insurers.

OUR COUSINS
Lately baboons have not been a serious problem. Late winter/spring seems to be the worst time because this is when troops break up and frisky young males aspire to become alphas and enjoy a personalized harem. Once that problem is sorted out the various troops and families become more manageable.

A heart-warming gesture was made collectively to baboon monitor Mzwakhe Vanga who lost everything he had when his shack burnt down in Masiphumelele. Jenni Trethowan "the baboon lady" (no, she doesn't look like one) sent out an appeal to everyone she could think of to chip in with money or goods and get Mzwakhe on his feet again. Your association contributed R500. The response from residents and others was wonderful and what Mzwakhe did not himself need was distributed to his neighbouring families who'd also lost their little homes and possessions.

We are preparing a more structured plan for coping with baboons. Our plan will integrate with those from other affected areas, especially neighbouring Scarborough, and will take account of the now somewhat better structured funding of baboon monitors and other expenses. We should have the plan ready before the end of January and it will include a contribution of R50/month from each house owner and we will probably collect this with the membership subscriptions. (Owners of unbuilt-on land will not be included).

TREASURY
Your committee remains significantly handicapped and its individual members personally poorer because (STILL!) only about half the owners are contributing membership fees. You know, guys, this is a really poor showing - here we all are with even our unbuilt properties worth millions, yet some of us are apparently too tight-fisted to come up with 82 cents a day to cover the good and useful work which the association unquestionably does for everybody.

We are near the top of the list in our exceptionally cordial and productive relationship with the City Council. It took a great deal of time and effort and patience and tolerance to achieve this status, and if we had not pulled it off there certainly would not have been a new road on the mountainside, and all sorts of other disadvantages would be making themselves felt to the detriment of all Misty owners.

We thought we would attract more payers by sending out the newsletters to all owners regardless of their subscription status. Those who don't pay up are not "members" of the association, but in practice the only disadvantage to them is that they cannot join the committee or vote at the agm. Our gesture was disappointingly unproductive. It seems that as with the few people who declined to contribute towards Old Camp Road there are some "natural-born" free-riders among us.

Those of you who are not free-riders but merely extraordinarily forgetful may begin at once to make good by becoming proper members. You can make a direct deposit of R300 into the Misty Cliffs Village Association account with ABSA (see the membership page of the website for details) or mail a cheque in our favour to Box 43942 Scarborough 7975.

OTHER FREEBIES
It has been reported that someone (maybe more than one) is filling up a bakkie-mounted large water tank from the new fire hydrants in Old Camp Road. Right now we're not clear if this is a building or a gardening contractor, nor are we sure who has authorized or suggested this action. This is unmetered water and therefore constitutes theft. In addition, the filling process drops the water main pressure and thereby inconveniences certain owners. If you have any further information on this matter, please phone one of the committee members.

OUR WEBSITE (WWW.MISTYCLIFFS.ORG.ZA)
The building regulations, Constitution, newsletters, etc are piling up on our website and we hope soon to do some editing so that it is easier to navigate. Some of the more lengthy information may be summarized. Anyone who has suggestions about the website, including what should be on it (or should not) please contact in the first instance Tim Anderson (timofpen@mweb.co.za)

INTEGRATED ZONING SCHEME
This scary proposal has gone off the boil lately but it's still very much on the stove and we are monitoring it as closely as possible. There are several new officials involved at the SPA and it will be a while before we gain their confidence and can extract information informally from them. We do know that the second round of invited public input is said to be undergoing assessment at present and a consequential third draft of the proposed regulations was supposed to be ready before the end of this year. Note that, as with central government deliberations, there is no guarantee that even the most desirable and sensible suggestions will be taken into account.

Misty Cliffs, along with several other areas and enclaves, is hoping to be granted Special Area Status so that we do not become subject to a raft of generalized conditions and stipulations that would be devastatingly inappropriate for our area and our interests. Unfortunately the Unicity is not enthusiastic about Special Areas and favours the theoretical simplicity of a one-size-fits-all approach, overlooking the severe problems that would beset them in practice when the size does not fit.

In these matters there is, happily, considerable unanimity among the numerous ratepayer-type associations that have provided input to the Unicity. Your committee is punching above its weight but this involves sacrifice of a great amount of time and attention. We want you to know this. We also want your R300 subs, please.

ON THEIR TOES
Keep your committee on its toes! Let us have your suggestions, complaints, queries, and perhaps even you congrat's. Send an e-mail or snail-mail to one of the following:

Doug Tunbridge (chairman) dugbar@mweb.co.za
Lyn Mossop (treasurer) lyn@mystis.co.za
Tim Anderson (scribe) timofpen@mweb.co.za

Our snail address is: Box 43942, Scarborough, 7975