MINUTES OF THE ANNUAL GENERAL MEETING OF THE MISTY CLIFFS VILLAGE ASSOCIATION HELD AT THE SCARBOROUGH COMMUNITY HALL, ON 2 APRIL 2006.

1. WELCOME: The chairman welcomed all present and in particular guests: Ward 69 Councillor Nicki Holderness, baboon lobbyist Jenni Trethowan, and Scarborough Ratepayers' Association chairman Graham Noble.

2. APOLOGIES & PROXIES: Jeanne Maritz, Danielle and Ivan Harris, Brian Marsh, Gerrie van Tonder.

2.1 Present: Tony Turner, Shirley Turner, Richard Court, Linda and Mr Visser, Jorje Pringle, Anni Lehr, Mike Lehr, Tony da Silva, Tim Anderson, Lyn Mossop, Barbara and Doug Tunbridge, Graham Noble.

2.2 Proxies received from Linda Dobbs, Amanda Leslie, Jolyon Leslie, Brian Marsh, and Jeff Spencer.

2.3 The chairman noted that in terms of the association's constitution the meeting had a quorum, being >25%, including proxies, of all paid-up members.

3. MINUTES of the previous period (y/e April 2005) were approved*. Proposed Lyn Mossop; seconded Barbara Tunbridge.

4. *MATTERS ARISING: Regarding Paragraph 10 b of the previous minutes, Ivan Harris had written asking for removal of the minute which recorded his disagreement with Item 10 b 2 on the ground that his conservation record conflicted with the implication that he was pro-development. It was decided to attach copies of Ivan's letter to both the 2005 minutes as they stood, and also to the 2006 Minutes, thereby mentioning his conservation record but declaring his legal right to development of his land [presently zoned "rural"] and to ensure that his views were thereby communicated to all other land owners in Misty Cliffs.

5. CHAIRMAN'S REPORT: His report having been distributed to all members in advance of the meeting, the chairman spoke to highlight certain aspects. In the discussions/questions arising the following principal points emerged:

a. In reference to the Integrated Zoning Scheme (IZS) Graham Noble mentioned the difficulty of making progress with council officials who were continually being replaced and were unfamiliar with the area. He understood that a third version of the IZS proposals was in hand and he had been informed off the record that an overlay zone appropriate for "mountain scenic areas" had been mooted.

b. In reference to preservation of Old Camp Road the question of heavy vehicles and oil-leaking vehicles arose. It was pointed out that building along the road was impossible without some use of heavy equipment and transport. However, in many instances the poor condition and overloading of some sub-contractors' relatively small vehicles was a higher risk. Maximum loading signs along with other signage for the road had been awaited for many months without success to date. Repairs to the road caused by building operations would remain the culpable owners'/builders' responsibility. Revegetation of the Old Camp Road verges and embankments would recommence during autumn after the first winter rains had fallen.

c. Baboon management would continue as a problem and would without doubt its cost have to be carried largely by property owners. The cost would rise because more monitors were needed, partly to deal with the effects of a higher number of mature male baboons (smaller but more troops) and partly to fill-in for monitors off work for any reason. Graham Noble was preparing a complete financial proposal which should soon be put to all owners in Scarborough and Misty Cliffs.

d. The chairman thanked his committee for its efforts during the review year.

e. The report was moved for adoption and approved by the meeting.

6. Cllr Nicki Holderness addressed the meeting on, "Do village/residents' associations make a difference to Unicity service delivery?" The following principal points were made:

a. Such associations make a tremendous difference and are increasing in importance because at least half of the councillors are new to local government and unfamiliar with its mechanisms and processes. Additionally, large numbers of officials are unfamiliar with the areas they administer. Organized residents' groups are a vital factor in making good the loss of local knowledge caused by continual redeployment of officials.

b. With the advent of the Unicity, local government policy had been to centralize administration and there had been much consequential movement of staff to unfamiliar areas. Centralization had thereafter been found unworkable with many officials refusing to take responsibility for matters they had no control over. In response some devolution was now being instituted with real powers delegated to sub-councils in certain aspects, including planning and a degree of budgetary management. Unfortunately this is involving another wave of transfers and replacements.

c. The looming IZS had struck an initial problem because it had been declared illegal by Province through envisaged regulations impinging on legislated provincial responsibility areas. This has now been or soon will be rectified. The principal concern to ratepayer groups would be how the IZS accommodated the poor. If ratepayers were not constructive and co-operative in this matter it should be anticipated that the IZS would impose solutions unilaterally.

d. Within the areas of concern to or affecting Misty Cliffs and Scarborough there were plans in the pipeline to accommodate at least another 5 000 housing units, including Redhill/Dido Valley redevelopment, Ocean View extensions, and areas along Kommetjie Road. These would still not solve the squatter problem.

e. Cllr Holderness agreed that little or no cognisance was being taken of transport route capacity, nor that of essential services such as water, sewerage, electricity and provision of adequate emergency and law-enforcement services. She was continually bringing this to the attention of the appropriate authorities.

f. Cllr Holderness complimented the MCVA on its unprecedented achievement in funding and executing the Old Camp Road upgrade.

7. Constitution amendments: These were made to meet SARS requirements for MCVA registration as a Public Benefit Organization not liable for tax, and also to accommodate the change made to MCVA membership stipulations. Advice of the latter had already been circulated to members. The amendments were adopted unanimously by the meeting without further discussion.

8. Treasurer's report: The audited annual financial statements had been distributed in advance and were adopted after Lyn Mossop had spoken to them - proposed, Leon Morris; seconded, Anni Lehr. Separate statements representing the ongoing DSTV project and the road upgrade project were tabled for distribution.

Points noted:

a. The large "cash at bank" amount included trust funds for the payment in due course of the road contractors' retention sums, refundable building deposits, and the DSTV project fund. Most of these funds had been placed in the money market at (currently) 6.58%.

b. Graham Noble recommended that funds collected for baboon management should be held in trust rather than made over to KEAG wherein their utilization could not be ascertained.

c. The chairman thanked Lyn Mossop for her efficient work as treasurer and Tony Turner for his professional auditing. The MCVA finances were healthy and efficiently managed.

9. Appointment of auditor: Tony Turner was appointed honorary auditor for the next period.

10. Election of executive committee: Schalk Visser (Erf 68) and Richard Court (erven 38/39) had offered their services and been appropriately proposed and seconded. The previous committee members (other than Brian Marsh, who was not standing) were re-elected unanimously.

11. Jenni Trethowan addressed the meeting on the theme: "Living with baboons - how can residents help." The very informative illustrated talk included the following points:

a. There was a fairly small contingent of vocal residents who regarded baboons as rogue animals deserving drastic control. The balance of residents were concerned about baboons but apathetic about their management. The fact was that baboons were a natural and useful part of the ecosystem and posed no inherent danger unless ill-treated.

b. Following maturing of more young male baboons the troops affecting our area had split into small troops but the total population remained around 250 animals. The presence of numerous offspring did not indicate a population rise but was a sign of stress reflecting urbanization and harassment, but not food shortage.

c. Management should be by population rather than by troop.

d. Monitoring, although not a complete solution, had been extremely successful, but more monitors were needed, especially during summer months when baboons entered residential areas as soon as monitors knocked off. Monitoring in all weathers, up and down the mountain, was a demanding job and the men needed training, proper gear, and adequate provision for time off.

e. Very few residents had any sort of plan to protect their trash against baboon raids and at least 70 per cent of homes still did not have baboon proof rubbish bins; many people, especially tenants, still left trash in plastic bags. No amount of monitoring could prevent baboons raiding so long as edible trash was readily available. The problem was aggravated by the presently unsatisfactory municipal collection system, by the presence of fruit trees and vines, and by debris left around by picnickers.

f. Management of baboons had very low priority in various official bodies and no further funding contribution could be expected after June 2006. A proper business plan was in preparation but the burden of its cost would have to be born by owners.

g. Killing or injuring baboons tended to aggravate the problem because the survivors simply became more cautious and cunning. Angry shooting towards baboons posed a danger to humans, especially children.

h. Conducted walks among baboons had been very successful and were a potential revenue prospect. It had been repeatedly demonstrated that baboons ignored people if they were not carrying bags.

i. The Unicity was preparing a specification for baboon-proof bins that would be manageable by municipal trash collection services. Uncertainty as to whether or not this would come about.

j. It appeared that baboon-proof bins of any kind were not easily obtainable. Leon Morris offered to modify any suitable bin brought to him so that it was baboon proof.

12. General:

The rising nuisance of barking dogs and dog excrement was raised. Agreed to mention this in the next newsletter.

Leon Morris proposed a vote of thanks to the chairman, Doug Tunbridge, for his effective and conscientious labours for the Association.

The meeting concluded at 12h30.

Addendum - Saturday 1st April 2006

Objections to MCVA AGM Minutes 3rd April 2005:

Thank you, both Doug and Leon, for the time and effort spent with us discussing some important issues & principles pertaining to these Minutes.
As we are unable to attend the AGM to be held Sunday 2nd April we would like to record the following:

Point 10. b) "…..a set of aims and objectives (vision) relating to the protection of the environment had been drafted by Dough Tunbridge and agreed by the Committee (only Ivan Harris disagreeing)."

Point 10. b) 2. " The areas surrounding Misty Cliffs should remain undeveloped."

We request that the reference to Ivan be removed from the Minutes. The implication being that the conservation and restoration of the area is not of primary interest to him.
We believe that our very active and expensive on-the-ground restoration of the area surrounding Misty Cliffs and beyond establishes our bona-fides. It also enhances the value financially & aesthetically of every property owner in both Misty Cliffs and Scarborough, as well as adding a unique element to their lifestyle: to a have access to a private fynbos reserve!

Except for the sea-facing western boundary, the Misty Cliffs village is surrounded by land owned by the Baskloof Trust and is zoned Rural. This allows for certain statutory rights and is therefore in conflict with Point 10. b) 2 of the vision, which we are unable to subscribe to.

We would like sincerely to thank the Committee and Chairman for all the commitment, effort & attention given to the many issues affecting our lives and property in Misty Cliffs.

Sincerely,
Ivan and Danielle Harris