CBBRA regularly gets calls from residents complaining about the behaviour of property owners and their building contractors who seem to totally ignore the inconveniences they cause to adjacent neighbours by working well into the night, littering pavements with rubbish and executing very intrusive excavating operations, including blasting, causing wall cracks, building without passed plans or not in accordance with passed plans, etc.
CBRRA often gets complaints about all the above with the request that CBRRA do something about them – immediately. Bearing in mind that these problems are endemic and widespread, CBRRA cannot be expected to act as the trouble shooter for all of them. It just doesn’t have the manpower and, in any event, should not be doing this kind of thing in the first instance..
The correct procedure is for residents to first contact the relevant department at the Council to try and obtain help and satisfaction. Only if this is not readily forthcoming, should they then contact CBRRA which can then strengthen their representations to Council officials with a follow up.
Generally you will get most of these problems sorted out by Roads and Drainage, Cleansing and the Building Inspector (before 10-00 am) at 021 4001111 (the Council’s central swithboard).
It is worth noting that a blasting permit is required before any such operation can commence. Similarly a permit is also needed before demolitions can commence. This also ensures that buildings older than sixty years of architectural, historic or aesthetic merit are not pulled down, thus depriving the area of its built environment heritage.
Wednesday, 17 June 2009
Guest Accommodation
Great uncertainty is generated on the part of residents on occasions by guest accommodation in this area. It is important that property owners who intend creating guest accommodation conform to the legal requirements for same as published by the Cape Town City Council. It has a brochure clearly defining the procedures for guest accommodation and it is essential, no, a legal requirement, that property owners legally conform to these regulations - otherwise their business can be closed down. Extracts from this brochure are as follows:
“There are three types of accommodation, each of which involves a degree of consultation with CBRRA, the surrounding residents and the local community. The canvassing (or advertising) is done by the Council once your application is lodged.
1) Family guests - informal lodger accommodation in a family home.
Any family can have not exceeding five paying guests LODGING WITH THEM without special permission. This method does not entitle the resident family to display any signage or to have employees in connection with the activity.
2) “Bed and Breakfast” (B & B) - the home industry option.
If a family, LIVING ON A PROPERTY, intends having five to ten (maximum) paying guests at any one time, it requires a business licence in terms of the Business Licence Act for the sale and supply of food and drinks to guests. If the family wants to put up a B & B sign, or wants to employ staff in connection with the business, then the permanent resident can apply to run a B & B from home as a “home industry”.
The number of rooms and guests allowed depends on the size of the property. While there is no particular parking requirement, Council does consider the site’s location, public transport and the market niche aimed at (eg. backpackers). Lack of on-site parking is a common reason for Council rejecting an application.
If you have to alter or rebuild your house, plans for these alteration or rebuilding must first be submitted and approved before your application for a B & B can be dealt with. The proposed alterations must always be considered to be part of the extension to a normal dwelling house. The proposed alterations must not change the dwelling to such an extent that it is no longer considered to be a single dwelling unit ie. one front entrance and one kitchen with all rooms connected with interleading passages.
If the proposed accommodation facility does not fall into either of the two options described above, then it is necessary that the property has, or acquires, the appropriate land use zoning permission to fall into the following category :
3) Hotel / guest house - full range of accommodation (exceeding ten guests).
Permanent rights for a hotel / guest house require that the property has a General Residential Use Zoning. However, even in a General Residential Use Zone, if you intend converting or rebuilding an existing dwelling house into an hotel, a building plan must be submitted for approval showing the conversion or rebuilding of a dwelling house into an hotel. This is necessary in order that regulations such as three on site parking bays for every five bedrooms are met. This is also needed to ensure that no building departures are required as “residential buildings” have different requirements in terms of setbacks than dwelling houses. The size of the facility is limited by the size of the site and the on-site parking you can provide. Departures from coverage and setback regulations are often required. These need the approval of the surrounding community”.
An owner DOES NOT NEED TO LIVE IN a hotel.
If your property is not zoned for General Residential Use, then a rezoning application, also needing the approval of the surrounding community, is required.
Applications must be properly motivated relative to the potential impact of them on the immediate neighbours and the surrounding neighbourhood, with reference made to the impact on streetscapes, traffic and parking, aesthetics, neighbour privacy, noise, derogation of value of surrounding properties, etc.
Before submitting applications to the Council, property owners are well advised to first test the reaction of adjacent neighbours and CBRRA.
“There are three types of accommodation, each of which involves a degree of consultation with CBRRA, the surrounding residents and the local community. The canvassing (or advertising) is done by the Council once your application is lodged.
1) Family guests - informal lodger accommodation in a family home.
Any family can have not exceeding five paying guests LODGING WITH THEM without special permission. This method does not entitle the resident family to display any signage or to have employees in connection with the activity.
2) “Bed and Breakfast” (B & B) - the home industry option.
If a family, LIVING ON A PROPERTY, intends having five to ten (maximum) paying guests at any one time, it requires a business licence in terms of the Business Licence Act for the sale and supply of food and drinks to guests. If the family wants to put up a B & B sign, or wants to employ staff in connection with the business, then the permanent resident can apply to run a B & B from home as a “home industry”.
The number of rooms and guests allowed depends on the size of the property. While there is no particular parking requirement, Council does consider the site’s location, public transport and the market niche aimed at (eg. backpackers). Lack of on-site parking is a common reason for Council rejecting an application.
If you have to alter or rebuild your house, plans for these alteration or rebuilding must first be submitted and approved before your application for a B & B can be dealt with. The proposed alterations must always be considered to be part of the extension to a normal dwelling house. The proposed alterations must not change the dwelling to such an extent that it is no longer considered to be a single dwelling unit ie. one front entrance and one kitchen with all rooms connected with interleading passages.
If the proposed accommodation facility does not fall into either of the two options described above, then it is necessary that the property has, or acquires, the appropriate land use zoning permission to fall into the following category :
3) Hotel / guest house - full range of accommodation (exceeding ten guests).
Permanent rights for a hotel / guest house require that the property has a General Residential Use Zoning. However, even in a General Residential Use Zone, if you intend converting or rebuilding an existing dwelling house into an hotel, a building plan must be submitted for approval showing the conversion or rebuilding of a dwelling house into an hotel. This is necessary in order that regulations such as three on site parking bays for every five bedrooms are met. This is also needed to ensure that no building departures are required as “residential buildings” have different requirements in terms of setbacks than dwelling houses. The size of the facility is limited by the size of the site and the on-site parking you can provide. Departures from coverage and setback regulations are often required. These need the approval of the surrounding community”.
An owner DOES NOT NEED TO LIVE IN a hotel.
If your property is not zoned for General Residential Use, then a rezoning application, also needing the approval of the surrounding community, is required.
Applications must be properly motivated relative to the potential impact of them on the immediate neighbours and the surrounding neighbourhood, with reference made to the impact on streetscapes, traffic and parking, aesthetics, neighbour privacy, noise, derogation of value of surrounding properties, etc.
Before submitting applications to the Council, property owners are well advised to first test the reaction of adjacent neighbours and CBRRA.
Buying or building a house
SO YOU WANT TO BUY A HOUSE?
What should you be doing if you have decided to buy a house in Camps Bay and environs as an existing resident or a prospective property owner ? The following is a sensible modus operandi for someone who wants to buy, alter or build a home in this best of all possible places:
Here are some handy tips for the unwary. “Caveat emptor” (Buyer beware”) is really what this is all about.
1) Decide how much you can afford and get your finances in order.
2) Are you paying cash or getting a bond?
3) Can you afford the repayments plus interest?
4) Are you buying to live in or develop and sell the property?
5) Decide what area you are looking to live or redevelop in.
6) Get some Estate Agents to show you some properties and, very importantly, the terms of their prospective Deed of Sale – especially the transfer date.
7) Get the services of a Conveyancing Lawyer, an Architect, a Planner, a Structural Engineer and a Quantity Surveyor to help you decide upon your options – especially if you want to alter or rebuild.
8) Obtain a copy of the current Title Deeds – get your professional team to scrutinize and advise you on all the ramifications thereof.
9) Get to understand the City Council Zoning scheme restrictions applicable to your prospective purchase – same as last. Title Deeds and Zoning Schemes often contradict each other!
10) Find out from the Seller / Agent whether the house as it presently stands reflects the passed plans in the possession of the Council. You may be buying illegally built work which will be picked up by the council should you want to alter the building.
11) Get advice on the state of the electrical and mechanical installations and hopefully the state of the existing timbers (especially in the roof). Get a beetle-free certificate.
12) Compare the last two to ascertain whether you are inheriting illegal work not previously passed by the Council for which you will become responsible once you have completed your purchase as you will certainly be purchasing the property “voetstoots” (“as is”).
13) Look at the properties immediately surrounding your possible purchase. Is there a possibility that any of the adjacent properties could be altered / rebuilt to alter / obscure that lovely view for which you are prepared to pay a fortune? If there is, what are your rights?
14) Is there, as in Fulham Road, the possibility of a major dual carriageway freeway passing right in front of your property in due course?!
15) What are the legal / time ramifications if you want to run a business (guesthouse, hairdresser etc.) from your property – or subdivide, build a granny-flat or double / second dwelling etc. etc.?
You need professional advice here and be prepared to pay some up-front money to assist you in your decision-making process. Money thus spent may save you plenty later on if you have rushed in without fully acquainting yourself with all the issues, costs and time involved.
16) What is the rates valuation status of the property? – this is very relevant at the present time. For example: The present Owner received a revaluation from the Council in February 2007 for R6 000 000 and has objected to this and has asked for it to be reduced to R4 000 000. His objection may not yet have been adjudicated. So, even although you managed to buy the property for R4 200 000, you will still pay the 8% transfer duty on the Council revaluation of R6 000 000 and not on the sales price – ie. R480 000 in lieu of R336 000! This will apply unless the Council has agreed to reduce the new valuation down to the R4 000 000 the present owner has asked for. Should the objection situation have been resolved before your transfer, you will only pay rates on the R4 200 000 sales price. Just to remind you, your annual rates bill on R4 200 000 property will be R 4 200 000 minus R88 000 equals R4 112 000 X R0,00459 in the Rand = R18 874 per annum = R1573 per month plus sewage, garbage removal, water and electricity.
17) Lastly, find out whether you are going to be sheltered from the wind or are you going to always be walking at 80 degrees?!
Still want to buy ? Enjoy !
_____________________________________
SO YOU WANT TO BUILD YOURSELF A HOUSE?!
Building a home for yourself is a long and complicated journey, with many stages, each of which follow logically on one another and some of which overlap. In simple terms, this is what you, the client in a building contract need to do or organize:
1. Appoint an Estate Agent and professional consultants (Architect, Engineer, Land Surveyor, Quantity Surveyor).
2. In conjunction with the above persons, appraise and define the project (eg. the site and planning and statutory regulations pertaining to it).
3. Prepare a preliminary target budget and consider all the economic and financial issues pertaining to your intentions (including furnishing!).
4. Prepare a holistic programme of every process - not only the construction process.
5. Assess your ability to finance the project and, if necessary, talk to your financial adviser and bank manager.
6. Investigate the locality and availability of prospective properties, which conform to your aspirations. Check the Title Deed restrictions and Town Planning Zoning Scheme regulations applicable to the property or properties under consideration and be on the lookout for Council Servitudes.
7. Prepare a rough preliminary design (or designs) to decide which design/property is suitable for you.
8. Check the Title Deed restrictions and Town Planning Scheme regulations related to your preliminary design/s. Obtain advice from a Conveyancing Lawyer and a Town Planner that there are no title deed restrictions or townplanning zoning scheme regulations which will prevent you doing what you wish to do on the property.
9. Purchase the land (or, as some people are now doing, buy the property and demolish the house – another, very expensive way of acquiring the plot of your dreams!).
10. Prepare a more developed and realistic design concept in preliminary sketch plan form. Check the budget and programme for this developed preliminary design concept against your original target budget and programme and change any or all components of either of these accordingly. At this stage you have already committed yourself to a portion of your consultants’ fees. However this is probably not more than about 25% of your final overall fee.
11. You must now commit yourself to instructing your design and cost consultants to develop the previous conceptual sketch plans into preliminary working drawings for the purpose of reviewing the design with the relevant authorities.
12. Submit preliminary working drawings to the authorities for their preliminary plan scrutiny and approval.
13. Proceed through the process of obtaining community and authority permission for Title Deed amendments and / or Town Planning Zoning Scheme departures should these be necessary. (These can be very time-consuming).
14. Prepare final construction working drawings for tender purposes.
15. Submit developed working drawings to the authorities for scrutiny and approval.
16. Recheck your original budget against the tender documentation and amend either as and if necessary.
17. Call for tenders or negotiate with one Contractor - or decide to go owner building (if you can spare the time) - not always your cheapest option!
18. Obtain all approved plans from the authorities.
19. Assess tenders received or negotiations finalised against the current budget, adjust either as and if necessary. Accept one tender and sign a contract agreement with a contractor or commence with your own owner building process. If you sign a contract agreement with a contractor, you will need to finalise various issues, such as the construction period, penalty for late completion, construction guarantee or retention fund, waiver of builder’s lien or client’s payment guarantee, signing powers, insurances and payments, for work done and work still to be done (such as when subcontractors request large up-front deposits on order, a practice much to be discouraged!).
20. Register the project with the NHBRC (The National Home Builders Registration Council) and in terms of the Occupational Health and Safety Act, as the ultimate responsibilty for the safety of all persons on your construction site is now yours, not the contractor’s.
21. Notify the authorities, the NHBRC and the Occupational Health and Safety Department and commence construction on site in accordance with a construction programme prepared by the contractor and presented by him at the first site meeting. At this stage, before commencement of construction, you will now have been obliged to pay in the vicinity of about 75% of your consultants’ overall fees.
22. Finalise all documentation and decisions which have to be made on all contracts/subcontracts, the design and costs for which were not finalised at the time that tenders were called for and therefore were included in the accepted tender by means of Prime Cost Items and Provisional Sums. This process must be done strictly in accordance with the contractor’s construction programme. Failure to keep to this programme will entitle the contractor to claim an extension of his construction period with increased costs for this extension of time having to be paid for by you.
23. Instruct any alterations to the design brief in consultation with the design and cost consultants.
24. Check interim cost reports against the latest budget and either alter the budget and financing to cater for reported cost overruns or alter the design / specifications of work still to be constructed to offset the reported additional costs. Alternatively, should the reports reflect anticipated savings on the previous budget, decide whether you wish to pocket these savings or add to the extent or specifications of uncompleted work. All the instructions emanating from these decisions must be issued timeously to avoid extension of construction period claims from the contractor.
25. Pay the contractor/s and professional consultants timeously within the contracted time periods on an interim basis.
26. Conclude the construction process by:
26.1 Properly insuring the new about-to-be-occupied building, works on site and contents.
26.2 Taking beneficial occupation.
26.3 Pointing out patent defects that you have noticed once you have taken beneficial occupation.
26.4 Receiving and commenting on the design and cost consultants’ final reports and final account.
26.5. Receiving and responding to the design and cost consultants’ reports and recommendations on any disputes which may have arisen in terms of the contract agreement - intermediately and at the end of the construction period.
26.6 Finally accepting that all defects which have been pointed out by you have been made good by the contractor/s.
26.7 Making final payments to the contractor/s and all consultants.
26.8 Receiving “as-built” drawings, guarantees, operating instructions manuals.
What the above is demonstrating is that there is a huge amount of work to be done by a lot of people, especially by you, the client, before, during and after the construction period. This whole process can take a considerable time, regardless of the size of the building. It depends on a vast amount of circumstances and challenges, all of which must be considered and solved on a continuous basis in order that your costs do not run entirely out of control and you achieve what you originally wanted. When it comes to the overall budgeting, procurement, contract agreement, construction and financial control processes, it is vital that you employ a Quantity Surveyor in some form or other (whether for full or partial services) - at least simultaneously with your Architect - as he/she will have a major influence in enabling you to be aware, at all times, whether you are able to afford what you have had designed for you on the property which you have purchased.
Building your own home will probably be the biggest investment you will make in your whole life. You cannot afford to take short cuts and make expensive mistakes. Employ the right professional consultants and reputable contractor /s with proven track records at fair prices and enjoy the ride!
What should you be doing if you have decided to buy a house in Camps Bay and environs as an existing resident or a prospective property owner ? The following is a sensible modus operandi for someone who wants to buy, alter or build a home in this best of all possible places:
Here are some handy tips for the unwary. “Caveat emptor” (Buyer beware”) is really what this is all about.
1) Decide how much you can afford and get your finances in order.
2) Are you paying cash or getting a bond?
3) Can you afford the repayments plus interest?
4) Are you buying to live in or develop and sell the property?
5) Decide what area you are looking to live or redevelop in.
6) Get some Estate Agents to show you some properties and, very importantly, the terms of their prospective Deed of Sale – especially the transfer date.
7) Get the services of a Conveyancing Lawyer, an Architect, a Planner, a Structural Engineer and a Quantity Surveyor to help you decide upon your options – especially if you want to alter or rebuild.
8) Obtain a copy of the current Title Deeds – get your professional team to scrutinize and advise you on all the ramifications thereof.
9) Get to understand the City Council Zoning scheme restrictions applicable to your prospective purchase – same as last. Title Deeds and Zoning Schemes often contradict each other!
10) Find out from the Seller / Agent whether the house as it presently stands reflects the passed plans in the possession of the Council. You may be buying illegally built work which will be picked up by the council should you want to alter the building.
11) Get advice on the state of the electrical and mechanical installations and hopefully the state of the existing timbers (especially in the roof). Get a beetle-free certificate.
12) Compare the last two to ascertain whether you are inheriting illegal work not previously passed by the Council for which you will become responsible once you have completed your purchase as you will certainly be purchasing the property “voetstoots” (“as is”).
13) Look at the properties immediately surrounding your possible purchase. Is there a possibility that any of the adjacent properties could be altered / rebuilt to alter / obscure that lovely view for which you are prepared to pay a fortune? If there is, what are your rights?
14) Is there, as in Fulham Road, the possibility of a major dual carriageway freeway passing right in front of your property in due course?!
15) What are the legal / time ramifications if you want to run a business (guesthouse, hairdresser etc.) from your property – or subdivide, build a granny-flat or double / second dwelling etc. etc.?
You need professional advice here and be prepared to pay some up-front money to assist you in your decision-making process. Money thus spent may save you plenty later on if you have rushed in without fully acquainting yourself with all the issues, costs and time involved.
16) What is the rates valuation status of the property? – this is very relevant at the present time. For example: The present Owner received a revaluation from the Council in February 2007 for R6 000 000 and has objected to this and has asked for it to be reduced to R4 000 000. His objection may not yet have been adjudicated. So, even although you managed to buy the property for R4 200 000, you will still pay the 8% transfer duty on the Council revaluation of R6 000 000 and not on the sales price – ie. R480 000 in lieu of R336 000! This will apply unless the Council has agreed to reduce the new valuation down to the R4 000 000 the present owner has asked for. Should the objection situation have been resolved before your transfer, you will only pay rates on the R4 200 000 sales price. Just to remind you, your annual rates bill on R4 200 000 property will be R 4 200 000 minus R88 000 equals R4 112 000 X R0,00459 in the Rand = R18 874 per annum = R1573 per month plus sewage, garbage removal, water and electricity.
17) Lastly, find out whether you are going to be sheltered from the wind or are you going to always be walking at 80 degrees?!
Still want to buy ? Enjoy !
_____________________________________
SO YOU WANT TO BUILD YOURSELF A HOUSE?!
Building a home for yourself is a long and complicated journey, with many stages, each of which follow logically on one another and some of which overlap. In simple terms, this is what you, the client in a building contract need to do or organize:
1. Appoint an Estate Agent and professional consultants (Architect, Engineer, Land Surveyor, Quantity Surveyor).
2. In conjunction with the above persons, appraise and define the project (eg. the site and planning and statutory regulations pertaining to it).
3. Prepare a preliminary target budget and consider all the economic and financial issues pertaining to your intentions (including furnishing!).
4. Prepare a holistic programme of every process - not only the construction process.
5. Assess your ability to finance the project and, if necessary, talk to your financial adviser and bank manager.
6. Investigate the locality and availability of prospective properties, which conform to your aspirations. Check the Title Deed restrictions and Town Planning Zoning Scheme regulations applicable to the property or properties under consideration and be on the lookout for Council Servitudes.
7. Prepare a rough preliminary design (or designs) to decide which design/property is suitable for you.
8. Check the Title Deed restrictions and Town Planning Scheme regulations related to your preliminary design/s. Obtain advice from a Conveyancing Lawyer and a Town Planner that there are no title deed restrictions or townplanning zoning scheme regulations which will prevent you doing what you wish to do on the property.
9. Purchase the land (or, as some people are now doing, buy the property and demolish the house – another, very expensive way of acquiring the plot of your dreams!).
10. Prepare a more developed and realistic design concept in preliminary sketch plan form. Check the budget and programme for this developed preliminary design concept against your original target budget and programme and change any or all components of either of these accordingly. At this stage you have already committed yourself to a portion of your consultants’ fees. However this is probably not more than about 25% of your final overall fee.
11. You must now commit yourself to instructing your design and cost consultants to develop the previous conceptual sketch plans into preliminary working drawings for the purpose of reviewing the design with the relevant authorities.
12. Submit preliminary working drawings to the authorities for their preliminary plan scrutiny and approval.
13. Proceed through the process of obtaining community and authority permission for Title Deed amendments and / or Town Planning Zoning Scheme departures should these be necessary. (These can be very time-consuming).
14. Prepare final construction working drawings for tender purposes.
15. Submit developed working drawings to the authorities for scrutiny and approval.
16. Recheck your original budget against the tender documentation and amend either as and if necessary.
17. Call for tenders or negotiate with one Contractor - or decide to go owner building (if you can spare the time) - not always your cheapest option!
18. Obtain all approved plans from the authorities.
19. Assess tenders received or negotiations finalised against the current budget, adjust either as and if necessary. Accept one tender and sign a contract agreement with a contractor or commence with your own owner building process. If you sign a contract agreement with a contractor, you will need to finalise various issues, such as the construction period, penalty for late completion, construction guarantee or retention fund, waiver of builder’s lien or client’s payment guarantee, signing powers, insurances and payments, for work done and work still to be done (such as when subcontractors request large up-front deposits on order, a practice much to be discouraged!).
20. Register the project with the NHBRC (The National Home Builders Registration Council) and in terms of the Occupational Health and Safety Act, as the ultimate responsibilty for the safety of all persons on your construction site is now yours, not the contractor’s.
21. Notify the authorities, the NHBRC and the Occupational Health and Safety Department and commence construction on site in accordance with a construction programme prepared by the contractor and presented by him at the first site meeting. At this stage, before commencement of construction, you will now have been obliged to pay in the vicinity of about 75% of your consultants’ overall fees.
22. Finalise all documentation and decisions which have to be made on all contracts/subcontracts, the design and costs for which were not finalised at the time that tenders were called for and therefore were included in the accepted tender by means of Prime Cost Items and Provisional Sums. This process must be done strictly in accordance with the contractor’s construction programme. Failure to keep to this programme will entitle the contractor to claim an extension of his construction period with increased costs for this extension of time having to be paid for by you.
23. Instruct any alterations to the design brief in consultation with the design and cost consultants.
24. Check interim cost reports against the latest budget and either alter the budget and financing to cater for reported cost overruns or alter the design / specifications of work still to be constructed to offset the reported additional costs. Alternatively, should the reports reflect anticipated savings on the previous budget, decide whether you wish to pocket these savings or add to the extent or specifications of uncompleted work. All the instructions emanating from these decisions must be issued timeously to avoid extension of construction period claims from the contractor.
25. Pay the contractor/s and professional consultants timeously within the contracted time periods on an interim basis.
26. Conclude the construction process by:
26.1 Properly insuring the new about-to-be-occupied building, works on site and contents.
26.2 Taking beneficial occupation.
26.3 Pointing out patent defects that you have noticed once you have taken beneficial occupation.
26.4 Receiving and commenting on the design and cost consultants’ final reports and final account.
26.5. Receiving and responding to the design and cost consultants’ reports and recommendations on any disputes which may have arisen in terms of the contract agreement - intermediately and at the end of the construction period.
26.6 Finally accepting that all defects which have been pointed out by you have been made good by the contractor/s.
26.7 Making final payments to the contractor/s and all consultants.
26.8 Receiving “as-built” drawings, guarantees, operating instructions manuals.
What the above is demonstrating is that there is a huge amount of work to be done by a lot of people, especially by you, the client, before, during and after the construction period. This whole process can take a considerable time, regardless of the size of the building. It depends on a vast amount of circumstances and challenges, all of which must be considered and solved on a continuous basis in order that your costs do not run entirely out of control and you achieve what you originally wanted. When it comes to the overall budgeting, procurement, contract agreement, construction and financial control processes, it is vital that you employ a Quantity Surveyor in some form or other (whether for full or partial services) - at least simultaneously with your Architect - as he/she will have a major influence in enabling you to be aware, at all times, whether you are able to afford what you have had designed for you on the property which you have purchased.
Building your own home will probably be the biggest investment you will make in your whole life. You cannot afford to take short cuts and make expensive mistakes. Employ the right professional consultants and reputable contractor /s with proven track records at fair prices and enjoy the ride!
Camps Bay’s changing face
Camps Bay and environs, in their modern form, really started in the first quarter of the last century. However, it was only in about the beginning of the ‘80’s that the world started to realise that Camps Bay was more than a windy backwater with ice cold sea water which one hurried through to somewhere else. In the beginning, Camps Bay was mainly single-storied and the occasional double-storey with one house per erf. As the area developed and the hunt for seaside properties accelerated, the land value increased exponentially and the older houses became a luxury for such valuable real estate.This is why you will see all round you, now that nearly all the vacant sites have been sold, demolitions of houses to make way for bigger single dwellings or double dwellings, usually three storeys high and sometimes with more floor levels (as basements and mezzanine floors are not defined as storeys in the Council’s zoning Scheme).
Whereas Camps Bay has doubled in population since say the 1960’s, it will double again in the next twenty years or so due to the frenzied pace of the current construction work which will last for a considerable time into the future. The houses of the future here will most certainly be at least three-storied, as a height of 10 metres is currently permitted from (finished) ground level to eaves plus a pitched roof if desired.
So the landscape and the built environment around you is going to alter considerably in the foreseeable future.
Tuesday, 16 June 2009
REPORT: FAQ on Special Rating Areas
(including City Improvement Districts)
What is an SRA?
A Special Rating Area (SRA) refers to a clearly defined geographical area, approved by the City of Cape Town, in which property owners can raise levies to fund ‘top up’ services for that specific area.
What is the regulatory framework governing SRAs?
SRAs are governed by Section 22 of the Municipal Property Rates Act (MPRA), the Municipal Finance Management Act (MFMA), Section 21 of the Companies Act, the SA Constitution, and the Cape Town’s City Improvement District By-law of 2004.
Why establish an SRA?
According to the SA Constitution (Sections 152 & 153), the objective of a local authority is to provide all its residents with certain basic services such as water, electricity, sanitation and refuse removal, etc – up to an equitable standard. For communities who wish to enjoy municipal services of a higher level, an SRA provides them with the option of paying for these additional services, which should be affordable and sustainable.
What types of ‘top-up’ services are provided in a SRA?
Typically, these would be services dealing with issues of ‘crime and grime’ such as additional public safety measures, cleansing services, maintenance of infrastructure, upgrading of the environment, and social services to deal with vagrancy, etc.
What are the benefits for SRA members?
By pooling their resources in an SRA, individual property owners can enjoy the collective benefits of a well managed area, a shared sense of communal pride, safety and social responsibility, and access to joint initiatives such as waste recycling, energy-efficiency programmes, etc. In the end, these all translate into a tangible boost in property values and capital investments.
Are there different types of SRAs?
No, but an SRA can consist of industrial, commercial and residential components, or a combination of all three.
How many SRAs are there in Cape Town?
There are currently 16 SRAs in the City of Cape Town. Four communities have applied for establishment, and another 25 have expressed interest in establishing an SRA.
How does one establish an SRA?
An SRA is always initiated by a community, and not by the City.
It usually starts with ‘champions’ within a community who feel the necessity to upgrade the environment within the boundaries of a certain area. They then compile a business plan indicating how the improvements are to be achieved, and present this to the community at a public meeting. Thereafter property owners are lobbied for their support. A majority of more than 50% has to give written consent to the formation of an SRA.
Once this has been obtained, the steering group has to submit the business plan, motivation report and implementation plan, as an application to the City. The proposal is then advertised in the media to allow affected parties at least 30 days to render any comments or objections. The City then considers the application and the objections.
After the City has approved the application, a board is elected and a Section 21 company is set up with VAT registration, a bank account, Tradeworld accreditation, etc. This must all be in place before the City bills the property owners and pays over the levies to the SRA.
Who manages the SRA?
An SRA is a Section 21 company managed by a board elected by its members, and operated by a management team appointed by the board. The City is not involved in their day-to-day operations, but merely exercises financial oversight and legal compliance.
Who monitors the finances?
An SRA manages its own finances and appoints its own auditors. The audited financial statements form part of the City’s consolidated accounts, which are reviewed by the Auditor-General. In addition, monthly financial reports are submitted to the City to monitor that expenditure is incurred according to the business plan.
How is an SRA funded?
An SRA is funded entirely from the levies paid by its members. It does not receive any subsidies from the City, but does have the powers to raise additional loans and sponsorships.
How is the SRA levy calculated?
The SRA management confirms the details of the database of property owners within the boundaries of the SRA, which is then linked by the City to the municipal valuations according to the most recent general valuation roll.
The SRA management prepares an overall budget for the year based on the specific needs of the area. The individual levies are then calculated by dividing up the budget total according to the municipal valuations of each SRA member proportional to the total valuation of the SRA.
The budget formula allows for a differentiation in levies for the different types of properties – be it residential, commercial or industrial.
This levy is then expressed as a cent in the rand and is applicable over a financial year, which starts on 1 July.
The SRA budget and proposed levy have to be approved by the City, and advertised for comments and objections prior to implementation on 1 July.
How is the SRA levy collected?
The City collects the levy on behalf of the SRA. The levy income goes to the SRA for the services it provides. It does not go to the City, although they share an invoice to save on collection costs. The levy appears as a separate item on the monthly municipal account of each SRA member. Each month, the City pays over a twelfth of the SRA budget after retaining 3% of the budget as a provision for bad debts.
Is the SRA levy mandatory for all properties within the SRA?
Yes. Once the City has approved an SRA, the participation of all property owners within the boundaries of the SRA is mandatory.
How does the SRA budget work?
The SRA sets its own 3 year budget according to input from its members. The City does not get involved in this process. Each year, the SRA board has to submit a detailed budget to the City by 31 January. The proposed budget may not deviate materially from the approved business plan and three-year budget. If there is a material deviation, an application in terms of Section 11 of the SRA By-Law is required.
What if the valuation base changes within a financial year?
The valuation base is a snapshot at a point in time (end February) and is used to calculate the cent-in-the-rand for the following financial year. However, municipal valuations can change within a financial year due to interim valuations, Valuation Court rulings, sub-divisions, rezoning or other technical adjustments. Should the valuation base decrease or increase substantially, the City must inform the SRA in order to recalculate the levy.
Can my SRA levy be spent anywhere in the City?
No, levy income is ring-fenced to be ploughed back exclusively into the SRA.
How does the City resolve levy arrears?
The City provides the SRA board with a regular update of levy payments so that the board can assist in pursuing those who are in arrears. Defaulters are subject to the City’s credit control and debt collection policies. As such, they can have their water and electricity services suspended or their rates clearance certificates withheld.
Does the formation of an SRA mean that the City can reduce the level and quality of its services?
No. The City is obligated to sustain existing service levels. It has to conclude a Memorandum of Understanding with each SRA indicating the level of services to be provided by the municipality. This enables the SRA to decide on the ‘top up’ services required.
Do members have a say in an SRA?
Absolutely! Every property owner should register for membership of the Section 21 company once it has been established, attend annual general meetings, get involved in the election of board members and provide input in the SRA budget.
What is the relationship between the City, SRA and members
City of Cape Town
· Approval *Billing
· Finance *Receipting
· SLA/Memorandum of understanding
· Compliance
SRA MEMBER
· Mandate
· Section 21 Company
Ends
Media enquiries:
* Eddie Scott, Manager: Inter-Services Liaison, Directorate of Finance, City of Cape Town, Tel: (021) 400 1872
*Joepie Joubert, Inter-Services Liaison, City of Cape Town,
Tel: (021) 400 5138
*Runan Rossouw, Economic & Human Development Directorate, City of Cape Town, Tel: (021) 400 5148
What is an SRA?
A Special Rating Area (SRA) refers to a clearly defined geographical area, approved by the City of Cape Town, in which property owners can raise levies to fund ‘top up’ services for that specific area.
What is the regulatory framework governing SRAs?
SRAs are governed by Section 22 of the Municipal Property Rates Act (MPRA), the Municipal Finance Management Act (MFMA), Section 21 of the Companies Act, the SA Constitution, and the Cape Town’s City Improvement District By-law of 2004.
Why establish an SRA?
According to the SA Constitution (Sections 152 & 153), the objective of a local authority is to provide all its residents with certain basic services such as water, electricity, sanitation and refuse removal, etc – up to an equitable standard. For communities who wish to enjoy municipal services of a higher level, an SRA provides them with the option of paying for these additional services, which should be affordable and sustainable.
What types of ‘top-up’ services are provided in a SRA?
Typically, these would be services dealing with issues of ‘crime and grime’ such as additional public safety measures, cleansing services, maintenance of infrastructure, upgrading of the environment, and social services to deal with vagrancy, etc.
What are the benefits for SRA members?
By pooling their resources in an SRA, individual property owners can enjoy the collective benefits of a well managed area, a shared sense of communal pride, safety and social responsibility, and access to joint initiatives such as waste recycling, energy-efficiency programmes, etc. In the end, these all translate into a tangible boost in property values and capital investments.
Are there different types of SRAs?
No, but an SRA can consist of industrial, commercial and residential components, or a combination of all three.
How many SRAs are there in Cape Town?
There are currently 16 SRAs in the City of Cape Town. Four communities have applied for establishment, and another 25 have expressed interest in establishing an SRA.
How does one establish an SRA?
An SRA is always initiated by a community, and not by the City.
It usually starts with ‘champions’ within a community who feel the necessity to upgrade the environment within the boundaries of a certain area. They then compile a business plan indicating how the improvements are to be achieved, and present this to the community at a public meeting. Thereafter property owners are lobbied for their support. A majority of more than 50% has to give written consent to the formation of an SRA.
Once this has been obtained, the steering group has to submit the business plan, motivation report and implementation plan, as an application to the City. The proposal is then advertised in the media to allow affected parties at least 30 days to render any comments or objections. The City then considers the application and the objections.
After the City has approved the application, a board is elected and a Section 21 company is set up with VAT registration, a bank account, Tradeworld accreditation, etc. This must all be in place before the City bills the property owners and pays over the levies to the SRA.
Who manages the SRA?
An SRA is a Section 21 company managed by a board elected by its members, and operated by a management team appointed by the board. The City is not involved in their day-to-day operations, but merely exercises financial oversight and legal compliance.
Who monitors the finances?
An SRA manages its own finances and appoints its own auditors. The audited financial statements form part of the City’s consolidated accounts, which are reviewed by the Auditor-General. In addition, monthly financial reports are submitted to the City to monitor that expenditure is incurred according to the business plan.
How is an SRA funded?
An SRA is funded entirely from the levies paid by its members. It does not receive any subsidies from the City, but does have the powers to raise additional loans and sponsorships.
How is the SRA levy calculated?
The SRA management confirms the details of the database of property owners within the boundaries of the SRA, which is then linked by the City to the municipal valuations according to the most recent general valuation roll.
The SRA management prepares an overall budget for the year based on the specific needs of the area. The individual levies are then calculated by dividing up the budget total according to the municipal valuations of each SRA member proportional to the total valuation of the SRA.
The budget formula allows for a differentiation in levies for the different types of properties – be it residential, commercial or industrial.
This levy is then expressed as a cent in the rand and is applicable over a financial year, which starts on 1 July.
The SRA budget and proposed levy have to be approved by the City, and advertised for comments and objections prior to implementation on 1 July.
How is the SRA levy collected?
The City collects the levy on behalf of the SRA. The levy income goes to the SRA for the services it provides. It does not go to the City, although they share an invoice to save on collection costs. The levy appears as a separate item on the monthly municipal account of each SRA member. Each month, the City pays over a twelfth of the SRA budget after retaining 3% of the budget as a provision for bad debts.
Is the SRA levy mandatory for all properties within the SRA?
Yes. Once the City has approved an SRA, the participation of all property owners within the boundaries of the SRA is mandatory.
How does the SRA budget work?
The SRA sets its own 3 year budget according to input from its members. The City does not get involved in this process. Each year, the SRA board has to submit a detailed budget to the City by 31 January. The proposed budget may not deviate materially from the approved business plan and three-year budget. If there is a material deviation, an application in terms of Section 11 of the SRA By-Law is required.
What if the valuation base changes within a financial year?
The valuation base is a snapshot at a point in time (end February) and is used to calculate the cent-in-the-rand for the following financial year. However, municipal valuations can change within a financial year due to interim valuations, Valuation Court rulings, sub-divisions, rezoning or other technical adjustments. Should the valuation base decrease or increase substantially, the City must inform the SRA in order to recalculate the levy.
Can my SRA levy be spent anywhere in the City?
No, levy income is ring-fenced to be ploughed back exclusively into the SRA.
How does the City resolve levy arrears?
The City provides the SRA board with a regular update of levy payments so that the board can assist in pursuing those who are in arrears. Defaulters are subject to the City’s credit control and debt collection policies. As such, they can have their water and electricity services suspended or their rates clearance certificates withheld.
Does the formation of an SRA mean that the City can reduce the level and quality of its services?
No. The City is obligated to sustain existing service levels. It has to conclude a Memorandum of Understanding with each SRA indicating the level of services to be provided by the municipality. This enables the SRA to decide on the ‘top up’ services required.
Do members have a say in an SRA?
Absolutely! Every property owner should register for membership of the Section 21 company once it has been established, attend annual general meetings, get involved in the election of board members and provide input in the SRA budget.
What is the relationship between the City, SRA and members
City of Cape Town
· Approval *Billing
· Finance *Receipting
· SLA/Memorandum of understanding
· Compliance
SRA MEMBER
· Mandate
· Section 21 Company
Ends
Media enquiries:
* Eddie Scott, Manager: Inter-Services Liaison, Directorate of Finance, City of Cape Town, Tel: (021) 400 1872
*Joepie Joubert, Inter-Services Liaison, City of Cape Town,
Tel: (021) 400 5138
*Runan Rossouw, Economic & Human Development Directorate, City of Cape Town, Tel: (021) 400 5148
Thursday, 5 March 2009
CONSTITUTION
1 NAME
The name of the Association shall be “Camps Bay and Clifton Ratepayers and Residents Association”.
2 POSTAL ADDRESS
The postal address of the Association shall for statutory purposes be the residence of the Secretary from time to time or at any other place that the Management Committee may designate. For ordinary correspondence the address shall be as appears on the letterhead of the Association.
3 LEGAL IDENTITY & PERSONA
3.1 The Association is an “universitas personarum”, an independent legal persona or entity, distinct from the individuals who compose it, having capacity of acquiring rights of property, of incurring obligations and of suing or being sued in its own name and having perpetual succession.
3.2 Neither members nor the Management Committee nor any sub-committee of the Association shall be answerable for the debts, engagements, liabilities or obligations of the Association.
4 OBJECTIVES
4.1 The objectives of the Association shall be:
4.1.1 to observe the Constitution of South Africa at all times;
4.1.2 to promote, enforce and safeguard the interests and rights of the ratepayers and/or residents of the membership area as defined in Clause 5.1;
4.1.3 to conserve the environment, beauty, character and heritage of the membership area;
4.1.4 to foster interaction among ratepayers and residents through membership of the Association, and to increase understanding of civic issues and develop a sense of civic pride;
4.1.5 to interact with, and to serve as a means of communication to, all levels of government;
4.1.6 to keep a watching brief over Municipal policies and affairs, to evaluate them according to the highest principles of good local government and to influence the City Council of Cape Town to adopt policies, frame regulations and make decisions acceptable to members;
4.1.7 to promote and facilitate interaction with other organisations in the Greater Cape Town area having similar objectives;
4.1.8 to give effect to these objectives in implementing the wishes of its members.
4.2 The Association shall not be aligned to any political party or other structure, and its elected or co-opted management shall avoid becoming embroiled in party political disputes.
5 MEMBERSHIP
5.1 Membership of the Association shall be open to all registered property owners and/or residents over the age of eighteen years in the membership area, defined as the area draining generally westwards to the Atlantic Ocean between Bantry Point and the northern boundary of Llandudno.
5.2 A registered property owner is defined as the registered ratepayer or his/her nominee duly authorised in writing.
5.3 A resident is defined as any person domiciled or ordinarily resident within the membership area.
5.4 The list of members shall not be divulged to anyone who is not a member of the Management Committee unless so authorised by the Management Committee.
5.5 A member of the Association who has rendered outstanding service to the local community may be granted honorary life membership by resolution of a General Meeting. Particulars in support of such a proposal shall be included in the notice convening the meeting.
6 MANAGEMENT
6.1 The affairs of the Association shall be managed by a Management Committee (ManCo) consisting of not less than eight and not more than twelve members, as determined at the relevant Annual General Meeting (AGM), and who shall be elected at the AGM. Any paid-up member of the Association may make him/herself available for election.
6.2 In the event of its transpiring that the Management Committee consists for a period of time of less than 10 members, the actions of the Management Committee shall nevertheless be lawful subject to further members being co-opted or appointed within a period of 90 days from the date upon which the number of the Management Committee members fell below 10.
6.3 Members of ManCo shall be elected for a period of two years, subject to the requirement that at least 40% of the membership shall be elected each year. Any serving Committee member shall be eligible for re-election, and does not require re-nomination, providing that willingness to stand for re-election is confirmed in writing.
6.4 ManCo shall immediately after the annual election elect from its members a Chairperson and a Vice-Chairperson, who shall be ipso facto Chairperson or Vice-Chairperson of the Association. The positions of Chairperson and Vice-Chairperson shall not be held for longer than three (3) years in any continuous period.
6.5 Subsequent to an election, ManCo may nominate and at a subsequent meeting co-opt persons to fill any vacancy arising through resignation or other cause.
7 SECRETARY AND TREASURER
7.1 ManCo shall appoint a Secretary and a Treasurer, which positions may be combined, to hold office until the Manco meeting following the next AGM.
7.2 ManCo shall decide the honoraria, if any, of the Secretary and Treasurer.
7.3 Neither the Secretary nor the Treasurer will have voting power unless he/she is also appointed or elected a member of ManCo..
8 POWERS OF THE MANAGEMENT COMMITTEE
8.1 ManCo may perform such acts as are necessary to accomplish the objectives expressed or implied in Clause 4 and which may be legally accomplished by an universitas personarum. Without in any way limiting the generality of the foregoing, such powers shall include but not be limited to the following:
8.1.1 the operation of banking accounts with all powers required by such operations;
8.1.2 the investment and re-investment of monies of the Association not immediately required, in such a manner as may from time to time be determined by ManCo;
8.1.3 the making of, entering into and carrying out of contracts or agreements for any of the purposes of the Association;
8.1.4 the employment and payment of agents, servants and any other parties;
8.1.5 the right to sue and to defend actions in the name of the Association and to appoint legal representatives for this purpose;
8.1.6 the levying of a subscription payable by members as provided in Clause 13.1 hereof;
8.1.7 the appointment of any sub-committee with members drawn from ManCo and other persons, under the chairmanship of a ManCo member, and granting such powers to it as may be considered necessary.
8.2 The Association is pledged to be non-political and non-commercial, thus any member of ManCo, having any financial, political or business interest in any matter under discussion, must declare such interest and recuse him/herself from such discussions by ManCo and any vote thereon.
8.3 No person holding political office shall be eligible to act on ManCo but may attend meetings in an advisory capacity.
8.4 No member of ManCo or any sub-committee shall be entitled to use his/her position on such committees to promote his/her financial and/or business interests, or to use for such purposes confidential information obtained through his/her position.
9 CONDUCT OF MANAGEMENT COMMITTEE MEETINGS
9.1 ManCo shall meet regularly each month except January.
9.2 The quorum for a ManCo meeting shall be 60% of its members, present personally or by proxy.
9.3 ManCo may, at its discretion, enlist from time to time supernumeraries for their expertise in certain matters, who shall not however have voting power.
9.4 Special Meetings may be called by the Chairperson or, in absentia, the Vice-Chairperson, and shall be called if so requested by six members of ManCo.
9.5 Any member of ManCo who fails to attend three consecutive meetings without justifiable leave of absence shall forfeit his/her office.
9.6 Resolutions shall, where necessary, be carried by a simple majority of members of ManCo present at a Committee Meeting.
9.7 Town planning matters and other topics that require regular consideration may be dealt with in the first instance by portfolio sub-committees appointed by Manco in terms of Clause 8.1.7.
10 TERMINATION OF MEMBERSHIP OF MANAGEMENT COMMITTEE
10.1 ManCo may terminate the membership of any person who is no longer qualified to be a member or whose subscription is more than three calendar months in arrears. ManCo may on good cause or breach of the Constitution by a member terminate his or her membership provided that such member may, within ten days of this action, note an appeal against such decision, which shall be considered at the next General Meeting of Association members or at a Special General Meeting convened for this purpose.
10.2 A ManCo member shall cease to hold office if:
10.2.1 by notice in writing to ManCo he/she resigns his/her office;
10.2.2 he/she becomes of unsound mind;
10.2.3 he/she surrenders his/her estate as insolvent or his/her estate is sequestrated;
10.2.4 he/she is convicted of any criminal offence which involves dishonesty;
10.2.5 by resolution of a General Meeting of the Association he/she is removed from his/her office.
11 GENERAL MEETINGS
11.1 The Annual General Meeting (AGM) of members of the Association shall be held in June at a place,date and time fixed by ManCo. At least one other General Meeting shall be held each year, in February or October unless ManCo decides on other months.
11.2 The balance sheet and revenue and expenditure statement for the previous calendar year, shall be submitted to the AGM for ratification.
11.3 Fourteen (14) calendar days’ notice shall be given to members for all General Meetings.
11.4 A quorum for all General Meetings shall be 40 members. If there is no quorum the meeting shall be adjourned to a time and place which ManCo shall determine.
11.5 Special General Meetings may be called by ManCo, and shall be called when requested in writing by not less than twenty members of the Association. The notice calling such a meeting shall be issued within 7 days of the request and shall set out in full the names of the members calling for the meeting and the business to be transacted. Only such business may be transacted at the meeting.
11.6 Voting at all General Meetings may be held by either a show of hands or by the secret completion of bona fide voting papers, should this be ordered by the Chairperson or requested by ten or more members present. Save for motions dealing with amendments to the constitution or termination of the Association, a simple majority vote shall prevail. Nevertheless, the Chairman shall endeavour to arrange that resolutions are worded in a way that will achieve broad consensus.
11.7 When voting for the election of members of ManCo each member in good standing may vote for any number of candidates up to a maximum of twelve.
11.8 Nominations in writing for candidates for election to ManCo, with the names of proposer and seconder and acceptance of nomination by the candidate, must be received by the Association not less than 7 days before the AGM. Notice of the closing date for nomination of candidates for election to ManCo must be sent to members not later than fourteen days before the AGM.
12 MEMBERS VOTING RIGHTS
12.1 Only members of the Association who have paid their annual subscriptions for the current financial year at least 4 weeks previously shall be entitled to vote at any General Meeting of the Association.
12.2 A member of the Association shall be entitled to appoint a proxy to speak and vote on his/ her behalf at General Meetings. A proxy appointment must be in writing, signed by the member and delivered to the Secretary not less than twenty four (24) hours prior to the scheduled meeting. The proxy need not be a member of the Association.
13 FINANCE
13.1 The Association, through ManCo, shall be empowered to raise funds from members by way of subscriptions and/or other methods so approved in order to conduct the affairs of the Association on a competent and sound financial basis.
13.2 All funds shall be deposited to the credit of the Association with a registered deposit receiving institution.
13.3 Monies may be withdrawn from the accounts of the Association only on written instruction signed by the Chairman or the Vice-Chairman plus one other person so authorised by ManCo.
13.4 At the end of each financial year financial records prepared by the Treasurer shall be submitted for scrutiny to a Registered Accountant, who shall prepare the annual financial statement in the Standard Accounting form. The statement shall be approved by ManCo before submission to the Annual General Meeting for ratification.
14 AMENDMENTS TO THE CONSTITUTION
14.1 Any alterations, additions, or amendments to this Constitution must be passed by a two-thirds majority vote of those present at a General Meeting of the Association.
14.2 Notice of any proposed alteration, addition, or amendment must be given in writing to members twenty one days prior to the AGM
15 TERMINATION OF THE ASSOCIATION
15.1 The Association shall be wound up upon the passing of a vote conducted in secret by the casting of written voting papers to that effect of not less than two-thirds of the paid up members of the Association at or subsequent to a Special General Meeting called to decide specifically on the dissolution of the Association.
15.2 In the event of such a dissolution, all funds and property belonging to the Association, or held in trust on its behalf, shall forthwith be transferred by authority of the Special General Meeting, to an Association or amenity catering for the benefit of the Ratepayers and/or Residents of the membership area.
16 AUTHORITY IN CASES OF URGENCY
16.1 Should a matter arise requiring the immediate action by ManCo and there is insufficient time available to call a meeting of ManCo, the Chairperson shall, after consulting at least three other members of ManCo, take such action as may be determined upon by him or her. The Chairperson shall report thereupon at the next meeting of ManCo to seek endorsement of his/her action. The Chairperson shall be recused from the vote of endorsement by the members of ManCo.
16.2 The Chairperson may appoint the Vice-chairperson to undertake this function if he/she is unable to do so.
17 PUBLIC STATEMENTS
Public statements may be made only by the Chairperson, the Vice-Chairperson and by a member of Manco who has been so authorised.
18 CORRESPONDENCE
Correspondence issued on behalf of the Association shall be on the Association's letterhead and shall be signed by the Chairperson or the Vice-Chairperson or a member of ManCo who has been authorised to do so. Correspondence shall contain no reference to personal interests.
In the case of matters that have been dealt with by the Town Planning Sub-Committee of ManCo, correspondence with the Cape Town Council shall be signed by the Chairperson of the Sub-Committee as well as by the Chairperson or the Vice-Chairperson of ManCo.
Letters written in connection with or in anticipation of litigation shall be signed by the Chairman or the Vice-Chairman and one othe member of the Management Committee.
The name of the Association shall be “Camps Bay and Clifton Ratepayers and Residents Association”.
2 POSTAL ADDRESS
The postal address of the Association shall for statutory purposes be the residence of the Secretary from time to time or at any other place that the Management Committee may designate. For ordinary correspondence the address shall be as appears on the letterhead of the Association.
3 LEGAL IDENTITY & PERSONA
3.1 The Association is an “universitas personarum”, an independent legal persona or entity, distinct from the individuals who compose it, having capacity of acquiring rights of property, of incurring obligations and of suing or being sued in its own name and having perpetual succession.
3.2 Neither members nor the Management Committee nor any sub-committee of the Association shall be answerable for the debts, engagements, liabilities or obligations of the Association.
4 OBJECTIVES
4.1 The objectives of the Association shall be:
4.1.1 to observe the Constitution of South Africa at all times;
4.1.2 to promote, enforce and safeguard the interests and rights of the ratepayers and/or residents of the membership area as defined in Clause 5.1;
4.1.3 to conserve the environment, beauty, character and heritage of the membership area;
4.1.4 to foster interaction among ratepayers and residents through membership of the Association, and to increase understanding of civic issues and develop a sense of civic pride;
4.1.5 to interact with, and to serve as a means of communication to, all levels of government;
4.1.6 to keep a watching brief over Municipal policies and affairs, to evaluate them according to the highest principles of good local government and to influence the City Council of Cape Town to adopt policies, frame regulations and make decisions acceptable to members;
4.1.7 to promote and facilitate interaction with other organisations in the Greater Cape Town area having similar objectives;
4.1.8 to give effect to these objectives in implementing the wishes of its members.
4.2 The Association shall not be aligned to any political party or other structure, and its elected or co-opted management shall avoid becoming embroiled in party political disputes.
5 MEMBERSHIP
5.1 Membership of the Association shall be open to all registered property owners and/or residents over the age of eighteen years in the membership area, defined as the area draining generally westwards to the Atlantic Ocean between Bantry Point and the northern boundary of Llandudno.
5.2 A registered property owner is defined as the registered ratepayer or his/her nominee duly authorised in writing.
5.3 A resident is defined as any person domiciled or ordinarily resident within the membership area.
5.4 The list of members shall not be divulged to anyone who is not a member of the Management Committee unless so authorised by the Management Committee.
5.5 A member of the Association who has rendered outstanding service to the local community may be granted honorary life membership by resolution of a General Meeting. Particulars in support of such a proposal shall be included in the notice convening the meeting.
6 MANAGEMENT
6.1 The affairs of the Association shall be managed by a Management Committee (ManCo) consisting of not less than eight and not more than twelve members, as determined at the relevant Annual General Meeting (AGM), and who shall be elected at the AGM. Any paid-up member of the Association may make him/herself available for election.
6.2 In the event of its transpiring that the Management Committee consists for a period of time of less than 10 members, the actions of the Management Committee shall nevertheless be lawful subject to further members being co-opted or appointed within a period of 90 days from the date upon which the number of the Management Committee members fell below 10.
6.3 Members of ManCo shall be elected for a period of two years, subject to the requirement that at least 40% of the membership shall be elected each year. Any serving Committee member shall be eligible for re-election, and does not require re-nomination, providing that willingness to stand for re-election is confirmed in writing.
6.4 ManCo shall immediately after the annual election elect from its members a Chairperson and a Vice-Chairperson, who shall be ipso facto Chairperson or Vice-Chairperson of the Association. The positions of Chairperson and Vice-Chairperson shall not be held for longer than three (3) years in any continuous period.
6.5 Subsequent to an election, ManCo may nominate and at a subsequent meeting co-opt persons to fill any vacancy arising through resignation or other cause.
7 SECRETARY AND TREASURER
7.1 ManCo shall appoint a Secretary and a Treasurer, which positions may be combined, to hold office until the Manco meeting following the next AGM.
7.2 ManCo shall decide the honoraria, if any, of the Secretary and Treasurer.
7.3 Neither the Secretary nor the Treasurer will have voting power unless he/she is also appointed or elected a member of ManCo..
8 POWERS OF THE MANAGEMENT COMMITTEE
8.1 ManCo may perform such acts as are necessary to accomplish the objectives expressed or implied in Clause 4 and which may be legally accomplished by an universitas personarum. Without in any way limiting the generality of the foregoing, such powers shall include but not be limited to the following:
8.1.1 the operation of banking accounts with all powers required by such operations;
8.1.2 the investment and re-investment of monies of the Association not immediately required, in such a manner as may from time to time be determined by ManCo;
8.1.3 the making of, entering into and carrying out of contracts or agreements for any of the purposes of the Association;
8.1.4 the employment and payment of agents, servants and any other parties;
8.1.5 the right to sue and to defend actions in the name of the Association and to appoint legal representatives for this purpose;
8.1.6 the levying of a subscription payable by members as provided in Clause 13.1 hereof;
8.1.7 the appointment of any sub-committee with members drawn from ManCo and other persons, under the chairmanship of a ManCo member, and granting such powers to it as may be considered necessary.
8.2 The Association is pledged to be non-political and non-commercial, thus any member of ManCo, having any financial, political or business interest in any matter under discussion, must declare such interest and recuse him/herself from such discussions by ManCo and any vote thereon.
8.3 No person holding political office shall be eligible to act on ManCo but may attend meetings in an advisory capacity.
8.4 No member of ManCo or any sub-committee shall be entitled to use his/her position on such committees to promote his/her financial and/or business interests, or to use for such purposes confidential information obtained through his/her position.
9 CONDUCT OF MANAGEMENT COMMITTEE MEETINGS
9.1 ManCo shall meet regularly each month except January.
9.2 The quorum for a ManCo meeting shall be 60% of its members, present personally or by proxy.
9.3 ManCo may, at its discretion, enlist from time to time supernumeraries for their expertise in certain matters, who shall not however have voting power.
9.4 Special Meetings may be called by the Chairperson or, in absentia, the Vice-Chairperson, and shall be called if so requested by six members of ManCo.
9.5 Any member of ManCo who fails to attend three consecutive meetings without justifiable leave of absence shall forfeit his/her office.
9.6 Resolutions shall, where necessary, be carried by a simple majority of members of ManCo present at a Committee Meeting.
9.7 Town planning matters and other topics that require regular consideration may be dealt with in the first instance by portfolio sub-committees appointed by Manco in terms of Clause 8.1.7.
10 TERMINATION OF MEMBERSHIP OF MANAGEMENT COMMITTEE
10.1 ManCo may terminate the membership of any person who is no longer qualified to be a member or whose subscription is more than three calendar months in arrears. ManCo may on good cause or breach of the Constitution by a member terminate his or her membership provided that such member may, within ten days of this action, note an appeal against such decision, which shall be considered at the next General Meeting of Association members or at a Special General Meeting convened for this purpose.
10.2 A ManCo member shall cease to hold office if:
10.2.1 by notice in writing to ManCo he/she resigns his/her office;
10.2.2 he/she becomes of unsound mind;
10.2.3 he/she surrenders his/her estate as insolvent or his/her estate is sequestrated;
10.2.4 he/she is convicted of any criminal offence which involves dishonesty;
10.2.5 by resolution of a General Meeting of the Association he/she is removed from his/her office.
11 GENERAL MEETINGS
11.1 The Annual General Meeting (AGM) of members of the Association shall be held in June at a place,date and time fixed by ManCo. At least one other General Meeting shall be held each year, in February or October unless ManCo decides on other months.
11.2 The balance sheet and revenue and expenditure statement for the previous calendar year, shall be submitted to the AGM for ratification.
11.3 Fourteen (14) calendar days’ notice shall be given to members for all General Meetings.
11.4 A quorum for all General Meetings shall be 40 members. If there is no quorum the meeting shall be adjourned to a time and place which ManCo shall determine.
11.5 Special General Meetings may be called by ManCo, and shall be called when requested in writing by not less than twenty members of the Association. The notice calling such a meeting shall be issued within 7 days of the request and shall set out in full the names of the members calling for the meeting and the business to be transacted. Only such business may be transacted at the meeting.
11.6 Voting at all General Meetings may be held by either a show of hands or by the secret completion of bona fide voting papers, should this be ordered by the Chairperson or requested by ten or more members present. Save for motions dealing with amendments to the constitution or termination of the Association, a simple majority vote shall prevail. Nevertheless, the Chairman shall endeavour to arrange that resolutions are worded in a way that will achieve broad consensus.
11.7 When voting for the election of members of ManCo each member in good standing may vote for any number of candidates up to a maximum of twelve.
11.8 Nominations in writing for candidates for election to ManCo, with the names of proposer and seconder and acceptance of nomination by the candidate, must be received by the Association not less than 7 days before the AGM. Notice of the closing date for nomination of candidates for election to ManCo must be sent to members not later than fourteen days before the AGM.
12 MEMBERS VOTING RIGHTS
12.1 Only members of the Association who have paid their annual subscriptions for the current financial year at least 4 weeks previously shall be entitled to vote at any General Meeting of the Association.
12.2 A member of the Association shall be entitled to appoint a proxy to speak and vote on his/ her behalf at General Meetings. A proxy appointment must be in writing, signed by the member and delivered to the Secretary not less than twenty four (24) hours prior to the scheduled meeting. The proxy need not be a member of the Association.
13 FINANCE
13.1 The Association, through ManCo, shall be empowered to raise funds from members by way of subscriptions and/or other methods so approved in order to conduct the affairs of the Association on a competent and sound financial basis.
13.2 All funds shall be deposited to the credit of the Association with a registered deposit receiving institution.
13.3 Monies may be withdrawn from the accounts of the Association only on written instruction signed by the Chairman or the Vice-Chairman plus one other person so authorised by ManCo.
13.4 At the end of each financial year financial records prepared by the Treasurer shall be submitted for scrutiny to a Registered Accountant, who shall prepare the annual financial statement in the Standard Accounting form. The statement shall be approved by ManCo before submission to the Annual General Meeting for ratification.
14 AMENDMENTS TO THE CONSTITUTION
14.1 Any alterations, additions, or amendments to this Constitution must be passed by a two-thirds majority vote of those present at a General Meeting of the Association.
14.2 Notice of any proposed alteration, addition, or amendment must be given in writing to members twenty one days prior to the AGM
15 TERMINATION OF THE ASSOCIATION
15.1 The Association shall be wound up upon the passing of a vote conducted in secret by the casting of written voting papers to that effect of not less than two-thirds of the paid up members of the Association at or subsequent to a Special General Meeting called to decide specifically on the dissolution of the Association.
15.2 In the event of such a dissolution, all funds and property belonging to the Association, or held in trust on its behalf, shall forthwith be transferred by authority of the Special General Meeting, to an Association or amenity catering for the benefit of the Ratepayers and/or Residents of the membership area.
16 AUTHORITY IN CASES OF URGENCY
16.1 Should a matter arise requiring the immediate action by ManCo and there is insufficient time available to call a meeting of ManCo, the Chairperson shall, after consulting at least three other members of ManCo, take such action as may be determined upon by him or her. The Chairperson shall report thereupon at the next meeting of ManCo to seek endorsement of his/her action. The Chairperson shall be recused from the vote of endorsement by the members of ManCo.
16.2 The Chairperson may appoint the Vice-chairperson to undertake this function if he/she is unable to do so.
17 PUBLIC STATEMENTS
Public statements may be made only by the Chairperson, the Vice-Chairperson and by a member of Manco who has been so authorised.
18 CORRESPONDENCE
Correspondence issued on behalf of the Association shall be on the Association's letterhead and shall be signed by the Chairperson or the Vice-Chairperson or a member of ManCo who has been authorised to do so. Correspondence shall contain no reference to personal interests.
In the case of matters that have been dealt with by the Town Planning Sub-Committee of ManCo, correspondence with the Cape Town Council shall be signed by the Chairperson of the Sub-Committee as well as by the Chairperson or the Vice-Chairperson of ManCo.
Letters written in connection with or in anticipation of litigation shall be signed by the Chairman or the Vice-Chairman and one othe member of the Management Committee.
FINISHED
November 2009
November 2009
Sunday, 14 September 2008
MINUTES Jun 08: AGM
Minutes of the Annual General Meeting
of the Camps Bay Ratepayers and Residents Association held on 23 June 2008 at the Rotunda at 19h30, are below. This document, marked third draft, has been approved by the Management Committee and will be submitted for ratification at the next AGM.
Apologies: Mel Richter, Thomas Geh, Patrick O’Connor, Alan Chiat, Brenda and Keith Getz
The Chairman, Chris Willemse, opened the meeting and welcomed all.
Members present were asked to sign the Attendance Register that was being circulated. (117 members signed the Register)
Chris thanked Maree Brink of The Bay Hotel for the generous use of the venue and for the refreshments provided.
He also thanked Gavin McArthur for the donation of the posters which advertised the meeting.
Approval of the Minutes
The Minutes of the Annual General Meeting held on Monday, 25 June 2007 were circulated in the Winter Newsletter and were available on the CBRRA Blog. There being no objections, the Minutes were approved.
Proposed: Bernard Schäfer
Seconded: Val Cleland
Chris welcomed the members of the Camps Bay Community Medics that were present: Ralph Lepar, Shane Fascio, Tom Kruger and Ryan Vietri and invited Ralph to address the meeting:
Camps Bay Community Medics
The Camps Bay Community Medics are a volunteer, non-profit organisation who provides their services to the community at no charge. All members of the 8-man team live in and around Camps Bay and are all qualified medics. They also assist the NSRI, Life Saving Services, Red Cross and Vodacom Rescue Services.
The Medics offer an essential service, providing assistance during the first crucial hour of any incident, stablising the patient whilst waiting for the ambulance to arrive. With the traffic congestion we experience on the Atlantic Seaboard, emergency services often battle to get through quickly and this is where the Medics save vital time, as ambulances can take from 20 to 60 minutes to arrive.
The area covered is from Bantry Bay to Llundudno. During winter months approximately 30-calls are received per month. This rises in summer to 50-calls a month.
They are sponsored by Netcare 911, who provide them with a 24-hour emergency line: 021-438-HELP (4357), and ADT who provide a vehicle and fuel. Like everyone the Medics are facing increased costs and are appealing to the community for donations as they need to upgrade equipment and replace supplies like bandages, etc.
Anyone wishing to support these dedicated young men can make donations directly into their bank account:
Camps Bay Community Medics Trust:
Standard Bank (Gardens Branch)
Account #: 070095191 Branch #: 020009
City Improvement District (CID)
John Powell, Vice-Chairman, apologised as our advertised speaker, Mr Roland Roussow of the Council, had been called away on business and would not be able to address the meeting on this topic. CBRRA has received several queries regarding the formation of a CID and John felt it important that CBRRA present members with the advantages and disadvantages of a CID as the community itself needs to decide, it cannot be imposed on a community:
CID provides a top-up service over and above what is normally provided by Service Providers, at the discretion of the community. . Many people feel that we already pay for these services through our rates and should not have to pay more. Council, however, doesn’t always provide an adequate service, eg. Street cleansing. A CID can finance a more regular and effective cleansing service over and above what Council is providing.
Another issue is crime: many residents already employ the services of security companies, we have SAPS, Metro Police and now the Camps Bay Watch but security companies only look after their clients and SAPS often arrive too late. A CID could ensure a more holistic service by employing the security companies to answer all calls for an additional fee.
To form a CID, a voluntary steering committee needs to provide a business plan and market it and obtain 75% written support for it (possibly 50% shortly) before the Council will permit the CID to be started. Should it get the required support it must create a Section 21 Company (not for profit) to run the CID for a fee. This company is financed by a levy that is added to residents’ rates bill, calculated on the value of ones property, which the Council collects and then pays into the account of the CID. Rebates are available for cases of hardship.
75% support is required from ratepayers (John believes this threshold might be lowered to 50% plus 1, in the future). If ratepayers accept the proposal for the formation of a CID it then becomes compulsory whether you have supported it or not.
More time is required to discuss this topic and it is proposed that another meeting will be held next month. A tentative date of 16 July at the Bowling Club is being considered and members will be advised. A steering committee will be elected.
Questions were taken from the floor:
Q 1: A member asked why we couldn’t look after our suburb ourselves. With pensioners and civil servants facing tough financial times a CID would only benefit a few. We need to put pressure on the CTCC, the beach is used by tourists and the Council should look after it as it is their responsibility. CIDs seem to work well initially and then fall apart, with cameras not working, poor response times, etc.
A 1: John replied that CBRRA was not promoting a CID it merely felt that it needed to place the information before the decision makers, the community.
Q 2: Why is the Council considering dropping the percentage from 75% to 50%?
A 2: To make it easier for CIDs to be established.
The Chairman called on Bernard Schäfer, Chairman of the Camps Bay Community Police Forum & Camps Bay Watch and CBRRA committee member to address the meeting. Chris also thanked Bernard for all the time and effort he gives to his portfolio.
Safety & Security
Bernard thanked Chris for his kind words. He apologised for the absence of SAPS from the meeting but this was beyond their control. Officer awards, which increased morale, would be presented at the next meeting.
The CBCPF is presently experiencing an excellent working relationship with Metro, SAPS and Traffic. This is largely due to the new approach of the SAPS station head Superintendent Thomas and her colleague Inspector Poolman.
Thanks to this new relationship recent clean-up operations in the green-belt areas opposite the High School and on the edge of Bakoven have been most successful. Shacks have been removed and vagrants moved on. More clean-up operations are planned.
A road-block operation had also been carried out and, on the night in question, only one small housebreaking crime had occurred in the entire area.
SAPS and Traffic are planning to operate mobile vehicle check-points at the entry and exit points (this has been carried out successfully in Constantia/Bergvliet area) as it has been proved that zero crimes take place when check-points are manned.
CBCPF is hoping to install a camera system at the entry and exit points to Camps Bay: the Glen, Bakoven and the top of Kloof Nek. The cameras will have car licence recognition software which will help to solve crimes in record time and will act as a crime prevention tool. Unfortunately the cost of the cameras is in excess of R500,000
SAPS, working with the Department of Community Safety, are hoping to work on vagrancy issues, involving Welfare and Social Services, and hope to reach a long lasting solution.
Camps Bay Watch has now been up and running for four months with 550 members. 28 Arrests, directly linked to Camps Bay Watch, have been made. These cover housebreaking, motor vehicle thefts and drug related crimes. CBW is divided into 5-sectors with an 11-member Management Committee. New equipment and a logo will be available soon.
Overall crime is down 45% and, in some categories, is down 75% - a direct result of the Camps Bay Watch. CBW have taken over the roads and pushed the criminals to the outer perimeter. Violent robbery has been reduced to one incident every two weeks and some small thefts take place over the weekends. Unusually there has been an increase in attempted crimes, as arrests are made before the crime is actually committed. It is anticipated that crime will increase over the summer season.
Bernard gave a huge ‘thank you’ to the men and women who have joined CBW, giving of their time and making a huge difference.
Bernard felt that a mini-CID would benefit Camps Bay, providing a back-up service for the whole of Camps Bay and adjacent areas. Bernard ended with a quote from Edmund Burke: ‘The only thing necessary for the triumph of evil is for good men to do nothing’.
Q 3: Jane Bodin, a member of CBW, asked all members to consider joining CBW if they have not already done so. Membership is free and only two hours a month are required.
The Chairman called on Colin Carter to report back on CBRRA’s Conservation & Development initiative:
Conservation & Development
As agreed at the last General Meeting held in March 2008 a separate meeting was held to form a Conservation Sub-Committee. Twenty people volunteered to help and a number of concerns were identified:
Heritage: The CTCC is supposed to maintain a list of sites and buildings worthy of protection. This list seems to have disintegrated. We have now supplied them with our own list, photographs and historical information and are co-operating with Council in updating and completing their official list.
The question of Camps Bay being declared a Heritage Zone is being discussed with Council. There are several of these conservation areas in Cape Town. We have some 70 sites in Camps Bay worthy of conservation. To strengthen our position we are submitting an application to formally register as a Conservation Body
Traffic: The commuter traffic from Hout Bay continues to increase. Council’s solution, registered some 40 years ago, is a direct link from Camps Bay Drive (cnr Fulham Rd) to Victoria Road beyond Bakoven. We are busy trying to ascertain what Council’s intentions, if any, are.
School Playing Fields: Some 30 years ago it was agreed that Council owned ground, opposite Camps Bay Drive/Fulham Road, be exchanged for ground in Rontree owned by the Department of Education. While the Primary School has been granted use of this ground, the formal exchange has never been implemented. Action is being taken to at least ensure the Primary School’s rights.
Nature Trails & Green Areas: At our last General Meeting a presentation by Clifton Bungalow Owners on their proposals for upgrading public property in Clifton was made. This included a proposed path along the edge of the sea from Clifton to Camps Bay. This seemed a good idea that would benefit Camps Bay as well and we have been trying to promote this concept. Clifton’s idea was to finance the path from income derived from the re-construction of the Clifton corrugated-iron garages. This seems to have got bogged down in negotiations with Council and we are trying to find other ways to implement this scheme. If successful this could be expanded to include dog walks and hiking trails up the green belts that dissect Camps Bay.
Beach Upgrading: Eight years ago the CTCC spent a lot of money on an integrated upgrading and protection plan for the Camps Bay beachfront, one of the prime tourist attractions of Cape Town. Little of this to date has been implemented. We are presently examining the plan and trying to identify a practical and financially viable way to implement this plan.
Colin appealed to members to contribute with their time, expertise and financial support to bring these efforts to fruition.
The Chairman introduced our City Councillor, Marga Haywood and asked her to explain the Ward Forum concept:
Ward Forum
Ward Forums are a platform for residents to feed their concerns to Council, to act as a conduit between the Council and the community. Initially 10 members were proposed but this has now been expanded to 20 sectors (business, education, health, etc), giving a much broader representation. Input at public meetings gets fed into the City’s Sub-Council, then Council and even to Caucus level – the needs of the community are made known.
Camps Bay is part of the Hout Bay Ward Forum. Hout Bay has many issues and, in order for Camps Bay to air its concerns, it has been agreed to hold every alternate meeting in Camps Bay with only Camps Bay and Clifton on the agenda. The Sub-Council assists by co-ordinating the meeting, sending out agendas, arranging refreshments, taking minutes, etc. Once an item is placed on the Agenda, it stays there until it is resolved. If necessary, Council officials attend meetings to explain why matters have not been resolved.
The first meeting held at the Clifton Scout Hall was well attended and several issues were raised.
Chris called on John Powell to give feedback on the Ward Forum meeting:
Clifton Parking Area: Representation has been made to Council regarding the redevelopment of this area. The Restaurant building, presently occupied by vagrants, may be put out to tender. No decision has yet been taken regarding the major parking structure which is proposed to replace the old garages and needs an EIA process before any decisions can be made.
Historic Buildings: The Round House has reopened as an exclusive 75-seater restaurant. Another restaurant will operate from the lower floor, to cater for picnics.
Rubble on Pavements: This is the responsibility of the owner or developer. If you experience a problem with this call the Law Enforcement Department, Mr Knox (021-400-4693) 08h00 – 16h30, after hours: 021-596-1999 who will issue a legal order for the rubble to be removed. (Note: the permissible building hours are 07h00 – 18h00 Monday to Saturday, not on Sundays or Public Holidays.)
Fulham Road: Phase 1 of a Rapid Transport System is being initiated by the City Council and one of the routes is between the City and Hout Bay. The route proposed is Camps Bay Drive/Houghton Road/Victoria Road. There is a road reserve which runs parallel to Fulham Road and exits onto Victoria Road, near where the curio sellers are. There is no money to develop this link at this time, which is a problem, as tourist buses coming down Camps Bay Drive, a road built over 100 years ago and voted the worst road in Cape Town, are a huge danger and entirely unsuitable for modern traffic conditions.. There are two separate projects involved here i) the upgrading of Camps Bay Drive and ii) the proposed link.
(Anyone wishing to see copies of correspondence regarding these two issues can contact John at: powelltalk@icon.co.za)
Rates: Valuers have been calling on ratepayers who lodged objections. Some have been successful and others not. The Council hopes to have cleared all objections by the end of the year. The Greater Cape Town Civic Alliance has lodged a rates audit condemning the valuations. The Council’s ‘market price’ continues to be confusing as the CTCC use different criteria to establish their market price and not only the sales prices of properties as required in the Rates Act.
Q 4: A member, living in Stern Close, reported that ratepayers in this road have been happy with the outcome of their objections.
A 4: John advised that rates accounts will be adjusted and credit balances would soon be reflected.
The Chairman called on Bernard Schäfer to inform members about the new Business Forum.
Business Forum
The old Hospitality Association which was formed years ago petered out and it was felt that the business community needed a voice in Camps Bay. It is not only the main strip that has business operations, there are some 150 businesses in Camps Bay and, if you add the guest houses and B&Bs there are more than likely over 300; people that work from home are an unknown quantity. The Camps Bay Business Forum was launched on 17th June with about 45 people attending; it will serve as a conduit to assist in improving Camps Bay with equipment, finance, etc. The next step will be to hold the first meeting when an Executive Committee can be elected.
This forum is important for Camps Bay and one of the areas where it can assist is in the applications received for liquor licences. Licensed premises can affect residents who presently do not have a say in the granting of these licences. Licensed premises can also affect other businesses.
The Chairman, Chris Willemse, gave a report back on certain planning matters:
Planning
Cnr Blinkwater & Geneva Drive: Chris reported that the CTCC had to withdraw their passed plans after our successful interdiction. However, CTCC, approved a new set of plans that were submitted (no changes to previous plans) and we have had to go back to the High Court to have these plans set aside and also to request a demolition order. The hearing was held last Thursday and we expect a decision in about a month’s time. A recent case reported in last week’s ‘Argus’ regarding a development in Walmer in Cape Town, where a neighbour took the CTCC to the Constitutional Court and won his case, has set an excellent precedent, which is good for us. Our legal team are confident of a successful outcome.
Geneva Drive: A current construction underway has proved to have a number of contraventions regarding the removal of Title Deeds. A neighbour, Dennis van der Westhuizen, is handling this himself and will welcome any offers of assistance.
Ottawa Avenue: We have a problem with agreeing on the ground level.
Crown Crescent: The owner of one of the old Swiss Cottages is putting a room in the roof of this protected building, with approved plans from the Council. Heritage Western Cape is assisting, as is Richard Kearney. CBRRA welcomes assistance from the community in these matters. Hopefully the roof will be restored.
Councillor Marga Haywood advised that there is presently a forensic audit taking place in the City’s Planning Department. Chris hopes to meet with Mayor Helen Zille later this month to discuss problems we are experiencing with the City’s Planning Department.
Q 5: A member of the audience asked about the City’s new Zoning Scheme
A 5: Chris replied that the CTCC is trying to get the entire metropolitan area onto one zoning scheme. They are presently busy with the 4th draft, which contains problems for Camps Bay, eg. They have not established ‘ground level’, etc. CBRRA is keeping a close eye on things and has submitted an objection.
A member, from the floor, expressed a vote of thanks on behalf of members to Chris and his team for all their hard work, time and effort on behalf of Camps Bay.
Finance
The Financial Statements for the year ended December 2007 were circulated with the notice of the Annual General Meeting. There being no queries the Statements were approved:
Proposed: André Jankowitz
Seconded: John Powell
Election of 2008/9 Association Committee
No nominations have been received. There are sixteen places on the committee and nine committee members are prepared to serve another two year term:
Chris Willemse
Thomas Geh
John Powell
Trudi Groenewald
Colin Carter
Johan van Papendorp
Brenda Herbert
André Janowitz
Bernard Schäfer
The Chairman appealed for volunteers from the floor.
Andrew Ford and Jane Bodin agreed to serve on the committee.
Bernard addressed members saying that Chris and John will stay on as specialists, part of a think tank to shape what happens in Camps Bay. Thanks to the pressure that John applied to the Council our valuation objections have been heard. John will not drop the ball, they will continue to help. New, enthusiastic volunteers are needed, they will find their own niche on the committee, every voice helps.
The Chairman replied that it has been a pleasure and a privilege to serve for the last three years. In terms of the Constitution he cannot stand as Chairman again.
Chris also thanked Ann Caras, CBRRA’s Secretary for the past five years for her unstinting service. Ann is retiring as she has other commitments.
Chris also had a special word of thanks for John Powell, his Vice-Chairman, who has put into the rates issues a life-time of work. He also thanked his committee members and Val Cleland, who while no longer on the committee, continues to work behind the scenes on behalf of CBRRA.
General
General questions were taken from the floor:
Q 6: Can the Armed Response companies tell us what it would cost to provide security for the whole of Camps Bay?
A 6: Bernard replied that there appeared to be some confusion as to the status of the abovementioned CID. A CID is a legal vehicle allowed by Council to raise funds across the entire suburb. ADT or Bay Response could be appointed by the CID but they could not presently require all ratepayers to use their protection services. The CID is a vehicle that would make this possible.
Q 7: Jane Bodin proposed that CBRRA make a donation to the Camps Bay Community Medics.
Proposed: Jane Bodin
Seconded: Unanimous
A 7: Doug Cleland recounted an incident where he had received assistance from the Medics for an elderly visitor in his home. He said the service they provided was world-class and they deserved all the support they could get.
Q 8: A member asked why CBRRA couldn’t just increase their membership fee by R50 and donate this amount to the Medics.
A 8: André Janokowitz replied that there was provision for members to pay more if they wished to.
Q 9: A member queried a rumour regarding the new electricity tariffs: are ratepayers with pre-paid meters exempt from the higher tariff?
A 9: Councillor Haywood replied that no mention of this has been made at Council but if you use 700 units or less you will receive a 50% discount.
Q 10: A member suggested that in the next mail that CBRRA sends out they include a separate slip for the Camps Bay Community Medics with details of bank account, etc.
A 10: Agreed
Q 11: A member suggested that CBRRA try and get more publicity regarding all the illegal building work being done in Camps Bay, as this would act as a deterrent.
A 11: Chris replied that we do get good coverage when we win cases.
The Chairman thanked everyone for attending.
The meeting ended at 21h40
of the Camps Bay Ratepayers and Residents Association held on 23 June 2008 at the Rotunda at 19h30, are below. This document, marked third draft, has been approved by the Management Committee and will be submitted for ratification at the next AGM.
Apologies: Mel Richter, Thomas Geh, Patrick O’Connor, Alan Chiat, Brenda and Keith Getz
The Chairman, Chris Willemse, opened the meeting and welcomed all.
Members present were asked to sign the Attendance Register that was being circulated. (117 members signed the Register)
Chris thanked Maree Brink of The Bay Hotel for the generous use of the venue and for the refreshments provided.
He also thanked Gavin McArthur for the donation of the posters which advertised the meeting.
Approval of the Minutes
The Minutes of the Annual General Meeting held on Monday, 25 June 2007 were circulated in the Winter Newsletter and were available on the CBRRA Blog. There being no objections, the Minutes were approved.
Proposed: Bernard Schäfer
Seconded: Val Cleland
Chris welcomed the members of the Camps Bay Community Medics that were present: Ralph Lepar, Shane Fascio, Tom Kruger and Ryan Vietri and invited Ralph to address the meeting:
Camps Bay Community Medics
The Camps Bay Community Medics are a volunteer, non-profit organisation who provides their services to the community at no charge. All members of the 8-man team live in and around Camps Bay and are all qualified medics. They also assist the NSRI, Life Saving Services, Red Cross and Vodacom Rescue Services.
The Medics offer an essential service, providing assistance during the first crucial hour of any incident, stablising the patient whilst waiting for the ambulance to arrive. With the traffic congestion we experience on the Atlantic Seaboard, emergency services often battle to get through quickly and this is where the Medics save vital time, as ambulances can take from 20 to 60 minutes to arrive.
The area covered is from Bantry Bay to Llundudno. During winter months approximately 30-calls are received per month. This rises in summer to 50-calls a month.
They are sponsored by Netcare 911, who provide them with a 24-hour emergency line: 021-438-HELP (4357), and ADT who provide a vehicle and fuel. Like everyone the Medics are facing increased costs and are appealing to the community for donations as they need to upgrade equipment and replace supplies like bandages, etc.
Anyone wishing to support these dedicated young men can make donations directly into their bank account:
Camps Bay Community Medics Trust:
Standard Bank (Gardens Branch)
Account #: 070095191 Branch #: 020009
City Improvement District (CID)
John Powell, Vice-Chairman, apologised as our advertised speaker, Mr Roland Roussow of the Council, had been called away on business and would not be able to address the meeting on this topic. CBRRA has received several queries regarding the formation of a CID and John felt it important that CBRRA present members with the advantages and disadvantages of a CID as the community itself needs to decide, it cannot be imposed on a community:
CID provides a top-up service over and above what is normally provided by Service Providers, at the discretion of the community. . Many people feel that we already pay for these services through our rates and should not have to pay more. Council, however, doesn’t always provide an adequate service, eg. Street cleansing. A CID can finance a more regular and effective cleansing service over and above what Council is providing.
Another issue is crime: many residents already employ the services of security companies, we have SAPS, Metro Police and now the Camps Bay Watch but security companies only look after their clients and SAPS often arrive too late. A CID could ensure a more holistic service by employing the security companies to answer all calls for an additional fee.
To form a CID, a voluntary steering committee needs to provide a business plan and market it and obtain 75% written support for it (possibly 50% shortly) before the Council will permit the CID to be started. Should it get the required support it must create a Section 21 Company (not for profit) to run the CID for a fee. This company is financed by a levy that is added to residents’ rates bill, calculated on the value of ones property, which the Council collects and then pays into the account of the CID. Rebates are available for cases of hardship.
75% support is required from ratepayers (John believes this threshold might be lowered to 50% plus 1, in the future). If ratepayers accept the proposal for the formation of a CID it then becomes compulsory whether you have supported it or not.
More time is required to discuss this topic and it is proposed that another meeting will be held next month. A tentative date of 16 July at the Bowling Club is being considered and members will be advised. A steering committee will be elected.
Questions were taken from the floor:
Q 1: A member asked why we couldn’t look after our suburb ourselves. With pensioners and civil servants facing tough financial times a CID would only benefit a few. We need to put pressure on the CTCC, the beach is used by tourists and the Council should look after it as it is their responsibility. CIDs seem to work well initially and then fall apart, with cameras not working, poor response times, etc.
A 1: John replied that CBRRA was not promoting a CID it merely felt that it needed to place the information before the decision makers, the community.
Q 2: Why is the Council considering dropping the percentage from 75% to 50%?
A 2: To make it easier for CIDs to be established.
The Chairman called on Bernard Schäfer, Chairman of the Camps Bay Community Police Forum & Camps Bay Watch and CBRRA committee member to address the meeting. Chris also thanked Bernard for all the time and effort he gives to his portfolio.
Safety & Security
Bernard thanked Chris for his kind words. He apologised for the absence of SAPS from the meeting but this was beyond their control. Officer awards, which increased morale, would be presented at the next meeting.
The CBCPF is presently experiencing an excellent working relationship with Metro, SAPS and Traffic. This is largely due to the new approach of the SAPS station head Superintendent Thomas and her colleague Inspector Poolman.
Thanks to this new relationship recent clean-up operations in the green-belt areas opposite the High School and on the edge of Bakoven have been most successful. Shacks have been removed and vagrants moved on. More clean-up operations are planned.
A road-block operation had also been carried out and, on the night in question, only one small housebreaking crime had occurred in the entire area.
SAPS and Traffic are planning to operate mobile vehicle check-points at the entry and exit points (this has been carried out successfully in Constantia/Bergvliet area) as it has been proved that zero crimes take place when check-points are manned.
CBCPF is hoping to install a camera system at the entry and exit points to Camps Bay: the Glen, Bakoven and the top of Kloof Nek. The cameras will have car licence recognition software which will help to solve crimes in record time and will act as a crime prevention tool. Unfortunately the cost of the cameras is in excess of R500,000
SAPS, working with the Department of Community Safety, are hoping to work on vagrancy issues, involving Welfare and Social Services, and hope to reach a long lasting solution.
Camps Bay Watch has now been up and running for four months with 550 members. 28 Arrests, directly linked to Camps Bay Watch, have been made. These cover housebreaking, motor vehicle thefts and drug related crimes. CBW is divided into 5-sectors with an 11-member Management Committee. New equipment and a logo will be available soon.
Overall crime is down 45% and, in some categories, is down 75% - a direct result of the Camps Bay Watch. CBW have taken over the roads and pushed the criminals to the outer perimeter. Violent robbery has been reduced to one incident every two weeks and some small thefts take place over the weekends. Unusually there has been an increase in attempted crimes, as arrests are made before the crime is actually committed. It is anticipated that crime will increase over the summer season.
Bernard gave a huge ‘thank you’ to the men and women who have joined CBW, giving of their time and making a huge difference.
Bernard felt that a mini-CID would benefit Camps Bay, providing a back-up service for the whole of Camps Bay and adjacent areas. Bernard ended with a quote from Edmund Burke: ‘The only thing necessary for the triumph of evil is for good men to do nothing’.
Q 3: Jane Bodin, a member of CBW, asked all members to consider joining CBW if they have not already done so. Membership is free and only two hours a month are required.
The Chairman called on Colin Carter to report back on CBRRA’s Conservation & Development initiative:
Conservation & Development
As agreed at the last General Meeting held in March 2008 a separate meeting was held to form a Conservation Sub-Committee. Twenty people volunteered to help and a number of concerns were identified:
Heritage: The CTCC is supposed to maintain a list of sites and buildings worthy of protection. This list seems to have disintegrated. We have now supplied them with our own list, photographs and historical information and are co-operating with Council in updating and completing their official list.
The question of Camps Bay being declared a Heritage Zone is being discussed with Council. There are several of these conservation areas in Cape Town. We have some 70 sites in Camps Bay worthy of conservation. To strengthen our position we are submitting an application to formally register as a Conservation Body
Traffic: The commuter traffic from Hout Bay continues to increase. Council’s solution, registered some 40 years ago, is a direct link from Camps Bay Drive (cnr Fulham Rd) to Victoria Road beyond Bakoven. We are busy trying to ascertain what Council’s intentions, if any, are.
School Playing Fields: Some 30 years ago it was agreed that Council owned ground, opposite Camps Bay Drive/Fulham Road, be exchanged for ground in Rontree owned by the Department of Education. While the Primary School has been granted use of this ground, the formal exchange has never been implemented. Action is being taken to at least ensure the Primary School’s rights.
Nature Trails & Green Areas: At our last General Meeting a presentation by Clifton Bungalow Owners on their proposals for upgrading public property in Clifton was made. This included a proposed path along the edge of the sea from Clifton to Camps Bay. This seemed a good idea that would benefit Camps Bay as well and we have been trying to promote this concept. Clifton’s idea was to finance the path from income derived from the re-construction of the Clifton corrugated-iron garages. This seems to have got bogged down in negotiations with Council and we are trying to find other ways to implement this scheme. If successful this could be expanded to include dog walks and hiking trails up the green belts that dissect Camps Bay.
Beach Upgrading: Eight years ago the CTCC spent a lot of money on an integrated upgrading and protection plan for the Camps Bay beachfront, one of the prime tourist attractions of Cape Town. Little of this to date has been implemented. We are presently examining the plan and trying to identify a practical and financially viable way to implement this plan.
Colin appealed to members to contribute with their time, expertise and financial support to bring these efforts to fruition.
The Chairman introduced our City Councillor, Marga Haywood and asked her to explain the Ward Forum concept:
Ward Forum
Ward Forums are a platform for residents to feed their concerns to Council, to act as a conduit between the Council and the community. Initially 10 members were proposed but this has now been expanded to 20 sectors (business, education, health, etc), giving a much broader representation. Input at public meetings gets fed into the City’s Sub-Council, then Council and even to Caucus level – the needs of the community are made known.
Camps Bay is part of the Hout Bay Ward Forum. Hout Bay has many issues and, in order for Camps Bay to air its concerns, it has been agreed to hold every alternate meeting in Camps Bay with only Camps Bay and Clifton on the agenda. The Sub-Council assists by co-ordinating the meeting, sending out agendas, arranging refreshments, taking minutes, etc. Once an item is placed on the Agenda, it stays there until it is resolved. If necessary, Council officials attend meetings to explain why matters have not been resolved.
The first meeting held at the Clifton Scout Hall was well attended and several issues were raised.
Chris called on John Powell to give feedback on the Ward Forum meeting:
Clifton Parking Area: Representation has been made to Council regarding the redevelopment of this area. The Restaurant building, presently occupied by vagrants, may be put out to tender. No decision has yet been taken regarding the major parking structure which is proposed to replace the old garages and needs an EIA process before any decisions can be made.
Historic Buildings: The Round House has reopened as an exclusive 75-seater restaurant. Another restaurant will operate from the lower floor, to cater for picnics.
Rubble on Pavements: This is the responsibility of the owner or developer. If you experience a problem with this call the Law Enforcement Department, Mr Knox (021-400-4693) 08h00 – 16h30, after hours: 021-596-1999 who will issue a legal order for the rubble to be removed. (Note: the permissible building hours are 07h00 – 18h00 Monday to Saturday, not on Sundays or Public Holidays.)
Fulham Road: Phase 1 of a Rapid Transport System is being initiated by the City Council and one of the routes is between the City and Hout Bay. The route proposed is Camps Bay Drive/Houghton Road/Victoria Road. There is a road reserve which runs parallel to Fulham Road and exits onto Victoria Road, near where the curio sellers are. There is no money to develop this link at this time, which is a problem, as tourist buses coming down Camps Bay Drive, a road built over 100 years ago and voted the worst road in Cape Town, are a huge danger and entirely unsuitable for modern traffic conditions.. There are two separate projects involved here i) the upgrading of Camps Bay Drive and ii) the proposed link.
(Anyone wishing to see copies of correspondence regarding these two issues can contact John at: powelltalk@icon.co.za)
Rates: Valuers have been calling on ratepayers who lodged objections. Some have been successful and others not. The Council hopes to have cleared all objections by the end of the year. The Greater Cape Town Civic Alliance has lodged a rates audit condemning the valuations. The Council’s ‘market price’ continues to be confusing as the CTCC use different criteria to establish their market price and not only the sales prices of properties as required in the Rates Act.
Q 4: A member, living in Stern Close, reported that ratepayers in this road have been happy with the outcome of their objections.
A 4: John advised that rates accounts will be adjusted and credit balances would soon be reflected.
The Chairman called on Bernard Schäfer to inform members about the new Business Forum.
Business Forum
The old Hospitality Association which was formed years ago petered out and it was felt that the business community needed a voice in Camps Bay. It is not only the main strip that has business operations, there are some 150 businesses in Camps Bay and, if you add the guest houses and B&Bs there are more than likely over 300; people that work from home are an unknown quantity. The Camps Bay Business Forum was launched on 17th June with about 45 people attending; it will serve as a conduit to assist in improving Camps Bay with equipment, finance, etc. The next step will be to hold the first meeting when an Executive Committee can be elected.
This forum is important for Camps Bay and one of the areas where it can assist is in the applications received for liquor licences. Licensed premises can affect residents who presently do not have a say in the granting of these licences. Licensed premises can also affect other businesses.
The Chairman, Chris Willemse, gave a report back on certain planning matters:
Planning
Cnr Blinkwater & Geneva Drive: Chris reported that the CTCC had to withdraw their passed plans after our successful interdiction. However, CTCC, approved a new set of plans that were submitted (no changes to previous plans) and we have had to go back to the High Court to have these plans set aside and also to request a demolition order. The hearing was held last Thursday and we expect a decision in about a month’s time. A recent case reported in last week’s ‘Argus’ regarding a development in Walmer in Cape Town, where a neighbour took the CTCC to the Constitutional Court and won his case, has set an excellent precedent, which is good for us. Our legal team are confident of a successful outcome.
Geneva Drive: A current construction underway has proved to have a number of contraventions regarding the removal of Title Deeds. A neighbour, Dennis van der Westhuizen, is handling this himself and will welcome any offers of assistance.
Ottawa Avenue: We have a problem with agreeing on the ground level.
Crown Crescent: The owner of one of the old Swiss Cottages is putting a room in the roof of this protected building, with approved plans from the Council. Heritage Western Cape is assisting, as is Richard Kearney. CBRRA welcomes assistance from the community in these matters. Hopefully the roof will be restored.
Councillor Marga Haywood advised that there is presently a forensic audit taking place in the City’s Planning Department. Chris hopes to meet with Mayor Helen Zille later this month to discuss problems we are experiencing with the City’s Planning Department.
Q 5: A member of the audience asked about the City’s new Zoning Scheme
A 5: Chris replied that the CTCC is trying to get the entire metropolitan area onto one zoning scheme. They are presently busy with the 4th draft, which contains problems for Camps Bay, eg. They have not established ‘ground level’, etc. CBRRA is keeping a close eye on things and has submitted an objection.
A member, from the floor, expressed a vote of thanks on behalf of members to Chris and his team for all their hard work, time and effort on behalf of Camps Bay.
Finance
The Financial Statements for the year ended December 2007 were circulated with the notice of the Annual General Meeting. There being no queries the Statements were approved:
Proposed: André Jankowitz
Seconded: John Powell
Election of 2008/9 Association Committee
No nominations have been received. There are sixteen places on the committee and nine committee members are prepared to serve another two year term:
Chris Willemse
Thomas Geh
John Powell
Trudi Groenewald
Colin Carter
Johan van Papendorp
Brenda Herbert
André Janowitz
Bernard Schäfer
The Chairman appealed for volunteers from the floor.
Andrew Ford and Jane Bodin agreed to serve on the committee.
Bernard addressed members saying that Chris and John will stay on as specialists, part of a think tank to shape what happens in Camps Bay. Thanks to the pressure that John applied to the Council our valuation objections have been heard. John will not drop the ball, they will continue to help. New, enthusiastic volunteers are needed, they will find their own niche on the committee, every voice helps.
The Chairman replied that it has been a pleasure and a privilege to serve for the last three years. In terms of the Constitution he cannot stand as Chairman again.
Chris also thanked Ann Caras, CBRRA’s Secretary for the past five years for her unstinting service. Ann is retiring as she has other commitments.
Chris also had a special word of thanks for John Powell, his Vice-Chairman, who has put into the rates issues a life-time of work. He also thanked his committee members and Val Cleland, who while no longer on the committee, continues to work behind the scenes on behalf of CBRRA.
General
General questions were taken from the floor:
Q 6: Can the Armed Response companies tell us what it would cost to provide security for the whole of Camps Bay?
A 6: Bernard replied that there appeared to be some confusion as to the status of the abovementioned CID. A CID is a legal vehicle allowed by Council to raise funds across the entire suburb. ADT or Bay Response could be appointed by the CID but they could not presently require all ratepayers to use their protection services. The CID is a vehicle that would make this possible.
Q 7: Jane Bodin proposed that CBRRA make a donation to the Camps Bay Community Medics.
Proposed: Jane Bodin
Seconded: Unanimous
A 7: Doug Cleland recounted an incident where he had received assistance from the Medics for an elderly visitor in his home. He said the service they provided was world-class and they deserved all the support they could get.
Q 8: A member asked why CBRRA couldn’t just increase their membership fee by R50 and donate this amount to the Medics.
A 8: André Janokowitz replied that there was provision for members to pay more if they wished to.
Q 9: A member queried a rumour regarding the new electricity tariffs: are ratepayers with pre-paid meters exempt from the higher tariff?
A 9: Councillor Haywood replied that no mention of this has been made at Council but if you use 700 units or less you will receive a 50% discount.
Q 10: A member suggested that in the next mail that CBRRA sends out they include a separate slip for the Camps Bay Community Medics with details of bank account, etc.
A 10: Agreed
Q 11: A member suggested that CBRRA try and get more publicity regarding all the illegal building work being done in Camps Bay, as this would act as a deterrent.
A 11: Chris replied that we do get good coverage when we win cases.
The Chairman thanked everyone for attending.
The meeting ended at 21h40
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