Welcome to all. Cellphones off please.
Firstly, a big thank you to Maree Brink and the Bay Hotel who are always most generous with their hospitality –and special thanks here to Events Manager, Marlize Strydom her team, for all of the arrangements.
To Ann Caras, Mary and Brian Lloyd who man the membership table, my sincere thanks for your tireless efforts.
I’d like to extend a special welcome to the production team that is currently filming the SAF3 series on the beachfront and who will be reporting back on the progress of the production.
Also a warm welcome to our 2 Cllrs., Beverley Schafer and Marga Haywood. They will give a short address on matters pertaining to CB. As always, this is also an opportunity for you to address them on issues that are of concern to you, the ratepayers of Camps Bay.
Thanks to our security guys - Bernard Schafer, Peter Mead, Ian Merrington and Simon Kneel of the Business Forum for their presence here tonight. These are individuals who put a lot of work into ensuring CB’s ongoing security and sustainability.
Approval of the last AGM of 30 July 2012. The minutes were posted on the blog and I would like to get approval for them. Firstly, are there any notes or objections from the floor?
Tonight, from the Chair:
Firstly, I’m sad to inform that Mark Goldberg has resigned from the Manco. He has found that his business and family commitments make it impossible for him to devote the time needed to properly serve on the committee. Mark certainly showed that he could offer many skills in the service of the community and I hope that he sees his way clear to rejoining at a more convenient time in his life. Thank you, Mark.
The election of Manco members will take place as indicated on the agenda.
We would also like to ascertain how the community reacts to our change of time for the meetings. Show of hands, please.
Many members will be aware of the storm that has played out recently in the press and on Capetalk radio, regarding the City’s proposed amendment to the system of delegations for planning matters.
The CBRRA was at the vanguard of this opposition to what it sees as a systematic removal of your property rights.
In short, the Mayor intended to remove the decision-making powers of the subcouncils and delegate that power to planning officials.
This would mean that you would still be notified of planning applications, but your comments and objections would be assessed by non-accountable officials and, as we all know, developers would get everything and anything approved. In reality, we would lose the opportunity to make representations to the committee of our councillors who are accountable to the ratepayers and also have good working knowledge of how things work on the ground.
Cllr Garreth Bloor, the young member for planning on the mayoral committee tried to spin doctor his way through all sorts of very reasoned objections but ultimately had to bow to the pressure of public outrage and the views of local councillors (like Bev and Marga) who resisted this clear attempt to cut out meaningful public participation in favour of the red carpet treatment that the City wants to extend to the developers.
It is abundantly clear that for democracy and property rights to survive the many and various political challenges that always seem to exist, strong ratepayer and civic groups are necessary.
Which leads to the next not so pleasant topic which must be discussed:
Although not all the feedback is available, I can share with you tonight the broad financial picture that has emerged from the well-publicized Harrison case.
Richard will deal with the financials in detail later but the big picture is that the Association’s liabilities currently exceed its assets.
I must point out that as things stand, there is no creditor who can produce an invoice right now and force liquidation.
Essentially, it all comes down to the costs order from the City in this matter and the committee is currently engaged with various options regarding the costs.
- The City might, as requested by CBRRA, waive or reduce the costs.
- Alternatively, a taxation of the bill might lead to a lower affordable figure although this is unlikely to be low enough.
- Thirdly, we might come to an acceptable repayment plan.
Whatever happens, any final decision in this matter will, of course, be presented to you, the community, at the appropriate time for a resolution.
Just to re-cap the history of the case:
CBRRA and its co-applicant applied for an interim order against Mrs Harrison on the basis that her plans contravened certain title deed and Zoning Scheme restrictions. This was successful and a costs order was granted against Harrison.
Mrs Harrison then removed various contraventions from the plans (like the pool, entrance steps, carport and garden) in order to overcome the restrictions. CBRRA was of the opinion that these omissions made the house unworkable and that the plans were effectively incomplete. Certain contraventions remained.
The City approved these plans and we took the plans on full review to the High Court. This application was unsuccessful and a costs order was made against us.
Our legal team advised that the prospects of a successful appeal to the SCA in Bloemfontein were good. They offered to work on a contingency basis and our co-applicant agreed to cover the costs. On this basis only, the CBRRA proceeded with the action. Ultimately, this and a further Concourt application, on the same terms, failed. The net result to the CBRRA was that we became liable for the bill for Harrison and the City for the High Court action. Our co-applicant has had to bear the costs arising out of the SCA and Concourt.
Richard will deal in more detail with the quantum hereof, but it is in the region of R550k maximum.
I must stress that all actions taken by Manco were carefully considered and similar to the other cases that we have been involved with and where very important rulings have been made in favour of community property rights.
It is unfortunate that we lost on a legal technicality but that shouldn’t detract from what the CBRRA has achieved over the past years – and 10 successful similar court applications - and the rights that have been established for all property owners in this country.
Cllrs report-back
Beverley Schafer
Marga Haywood
Election of Manco members.
The Manco is currently made up of the following members:
Chris Willemse (Chair) - Ward Committee (74) and Planning
Richard Bendell (Vice Chair) - Membership and Finance
John Powell - Ward Committee (54) and Planning
Brenda Herbert - Planning and Events and CPF
Johan van Papendorp - Planning
Gus Millner - Membership
Alma Horn - Membership and PR
Helet Merkling – Clifton & CPF
Byron Herbert - Beach and Dogwalking
Brent Dyssell – Planning & CPF
All members have indicated their willingness to continue on Manco, for which I thank them sincerely.
Call for nominations from the floor.
Are there any objections to this?
Vote on this.
Membership – Gus Millner
Finance – Richard Bendel
Questions from the floor.
Close.
