MINUTES OF THE ANNUAL GENERAL MEETING OF THE MISTY CLIFFS VILLAGE ASSOCIATION HELD AT COBBS RESTAURANT ON 31ST MAY 2003.
APOLOGIES:
Uwe Hass; Lyn Mossop; Stan Cohen; Leon Morris; Josh van Eeden; Doug Tunbridge; Brian Marsh.
QUORUM:
Chairman noted that in terms of the constitution the meeting had a quorum, being at least 25%, including proxies, of all members of the Association.
PROXIES:
Proxies were received from : Uwe Hass; Doug Tunbridge; Lyn Mossop; Brian Marsh; Stan Cohen
ACCEPTANCE OF MINUTES OF AGM 20TH APRIL 2002:
Proposed: Mike Lehr; Seconded: Schalk Visser. Unanimously accepted.
CHAIRPERSON'S REPORT
Rates:
Formal submission had been made to the council arguing that Misty Cliffs should qualify for a rates rebate and be classified as peri-urban, since we did not have many of the amenities of other suburbs, eg tarred roads, water-borne sewage, street lighting. This submission was rejected by the Municipal authorities who confirmed in writing that rates are essentially a tax on wealth and not simply a payment for services delivered by the Council. However we are entitled not to pay for sewerage. Rate payers are to engage council directly.
Kasia Hrabar reported that a new bye law forbids all new houses to have soakaways and instead houses will have to build holding tanks which will need to be pumped out periodically. It is not clear how this will be implemented practically.
BUILDING ADVISORY COMMITTEE:
Task of BAC is to ensure that builders abide by zoning and building regulations and to make recommendations regarding design. In this regard the committee has been successful and all proposed transgressions have been opposed.
RECENT AND NEW BUILDING:
Kasia Hrabar reported on various building activities.
REDRAFTED BUILDING CONTRACT:
The building contract has been amended (thanks to Brian Marsh and others) to make it more enforceable including obtaining the R10 000 road deposit and the R1500 scrutiny fee. There is still no formally designated place for builders to store and deliver building materials, and builders are encouraged to negotiate with surrounding owners regarding this problem.
SPECIAL AREA STATUS AND GUIDELINES:
Both Misty Cliffs and Scarborough made substantial recommendations and comments to the SPA. The SPA is now involved in incorporating these into the document and we are awaiting the result. The ultimate objective is that these recommendations be enacted into regulations.
BEACH IMPROVEMENTS:
Stone walls: Recent storm tides damaged some of the beachfront properties, washing away some structures including Vibracrete walls. This created an opportunity to build more uniform stonewalls. Thanks to all the owners, - it is a great improvement.
Boardwalk; a boardwalk proposed by Scarborough to link Misty Cliffs was rejected. The boardwalk would be difficult to construct above the high-water mark and the committee was against easier access encouraging more visitors. The beach currently has eight otters that need protection and mussels are already being 'over-collected' as a result of the new path from the Soetwater side.
SIGNS AND ROAD SAFETY:
Steps down to the beach were rebuilt by National Parks Board. There is concern about safety for people descending the wooden stairs from above the main road as they open onto the road. Various options have been explored but no potentially suitable options have been acceptable to the SPA.
The committee has designed informational signs styled on existing parks board signs and is looking for a new manufacturer as the original company has gone into liquidation. The stone sign post at the Scarborough end that was knocked down by a car has been rebuilt and a name board, rather than inscribed plaster, will be used. The committee also reported that various options have been considered to get people to slow down to 60kmph, including deterrents like speed traps. Unfortunately in this case, no legal space is available to trap offenders, but other options like cameras will be pursued by the committee.
FAR SOUTH PENINSULA COMMUNITY FORUM:
Chairman reported that a new "umbrella body" to be called the Far South Peninsula Community Forum was being established and that MCVA should support it. However in most matters a strong ratepayers' association like MCVA does better than a wider body in representing the interests of its residents.
ALIEN VEGETATION AND FIRE:
There is a statutory requirement for there to be ten metre wide firebreaks around built up areas, and the onus to do this rests with the landowner, in this case Ivan Harris. Initial clearing will be undertaken by UKUVUKA, thereafter landowners are required to maintain them. Ivan reported the formation of the Cape Peninsula Fire Protection Association, a statutory body that has co-opted private land owners who give input into fire protection. While firebreaks are acknowledged as being only partially effective barriers against fire, they do provide a 'base' from which firefighters can operate.
There is an ordinance in place requiring all owners to clear their properties. Tim Anderson recently completed a survey of all properties which highlights offenders. SPM has already issued letters and this avenue will be used and followed up on to encourage owners to comply.
Owners are reminded that regardless of the origin of a fire, owners are liable wherever the vegetation on their property is considered to have unreasonably 'fueled' the progress of the fire.
ROADS DEVELOPMENT:
The Roads project has been in limbo recently due to the amalgamation of the sub-councils in to the Unicity. However, Tim Anderson reported being informed by councilor Erleigh of approval of the Roads project. Tim warned however, that there is still a long way to go. Misty Cliffs is one of 7 areas with roads problems and there is currently no set policy for dealing with roads projects that are funded by the community. In addition the wording of the approval was unclear and in particular the two key issues were not specifically approved: that the Council would lend the money needed for the roads development and secondly that they would invoke regulations which required all beneficiary owners to pay their equal share of the costs. However the approval was a major positive step and much welcomed.
The Chairman reported that the use of MIDS to fund the roads project was currently being explored. One question was whether the MID's could discriminate between beneficiaries of the road or had to be applied equally to the entire community. In addition, paying for the road would involve virtually doubling the present rates, and it is uncertain whether MIDS has the authority to impose such increases on residents.
Mr. Withers asked whether the road was premature. He was concerned that the road would be broken up by future building and that the council would refuse to maintain it on this basis. He also raised the issue of whether or not the project could encumber individuals who may not be able to afford the costs of the road. The Hendrikse's suggested implementing a boom for access and security. The Chairman informed that this had been considered by the Roads committee but that it was not feasible simply because there was no simple way to manage it. Leigh Hendrikse suggested that there may be cheaper options worth considering. The Chairman asked that she talk to Doug Tunbridge.
ERF 76:
Mr Graham Withers asked whether Erf 76 (owned by the Harrises) was included in the group defined as beneficiaries of the road who would share in the cost. The chairman replied that Erf 76 had no access to the road and that it was not included. Mr. Withers continued that he was concerned that once the road had been upgraded, Mr. Harris could develop the land and benefit from the new road without having to contribute. At this point Mr. Hendrikse asked that Mr. Harris publicly state his intention with regard to Erf 76, to which Mr Harris replied that the property was registered with Cape Nature Conservation as a private Nature Reserve and that he had no intention of subdividing and developing the property.
Mr Withers mentioned plans to build guest houses on the Kommetjie side of Misty Cliffs and Mr Harris confirmed that these plans had been abandoned and would not be proceeded with.
The Chairman mentioned that the Harrises had a long history of land conservation and commitment to the protection of the environment, and were unlikely to propose a major urban development on Erf 76. According to the formal certificate received from the SPA, Erf 76 was zoned rural and there was no right to build large numbers of houses on it. Any applicant wishing to do so would have to undergo major hurdles in the form of changing Zoning regs as well as facing intense public opposition.
TREASURER'S REPORT:
The secretary Rooken Podesta read the Treasurer's report on behalf of the treasurer Lyn Mossop and copies of the Financial Statement for year ending 28 February 2003 were distributed. There was an operating surplus of R9,845 for the year and the Association had R47,404 in funds and no liabilities. Tribute was paid to Lyn Mossop for the exemplary way in which she maintained the books and administration of the MCVA.
AMENDED CONSTITUTION:
A revised Constitution had been circulated 22 days prior to the meeting. Approval was proposed by Schalk Visser and seconded by Tim Anderson, and was unanimously carried.
COMMITTEE:
The present Committee was proposed for re election by Schalk Visser and Seconded by Mr Patterson. It was unanimously carried.
The Committee for the coming year therefore shall be Tim Anderson, Stan Cohen (who resigned shortly after the AGM), Josh van Eeden, Ivan Harris, Uwe Hass, Kasia Hrabar, Anni Lehr, Brian Marsh, Lyn Mossop, Leon Morris, Rooken Podesta, Jorge Pringle, Jonathan Schrire, Doug Tunbridge.
SUNDRY:
Mr. Hendricks advocated that it should be standard procedure to invite the SPM to future AGM's.
Issue of dumped refuse and litter on the verges was raised by Jorge Pringle. Agreed that the refuse removal team would be approached and asked to clean the verges as they move through Misty Cliffs each Tuesday in return for a contribution of R50.
Annie Lehr asked that residents be careful not to leave outside lights on as it contributed to unnecessary light pollution and disturbed residents as well as wildlife.
Tim Anderson agreed to talk to the council about the exposed water pipe and electricity cable.
Ivan Harris thanked the Chairman, Jonathan Schrire, on behalf of the committee for his Chairmanship of the MCVA.
End of meeting.