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Council member and meetings
MINUTES OF A MEETING OF THE
FINANCE AND STRATEGY COMMITTEE
HELD ON WEDNESDAY, 10 DECEMBER 2008
AT 9:34AM
| PRESENT: |
Councillors: |
Douglas |
Armstrong, QSO |
Chairperson |
| |
Deputy Mayor |
David |
Hay, JP |
[from 9:48am, item 4.1; until 10:51am, item 11;
from 10:53am, item 11; until 11:44pm, item 13] |
| |
|
Peseta Sam |
Lotu-Iiga |
Deputy Chairperson |
| |
|
|
|
[from 9.42am, item 4.1; until 12:33pm, item 8] |
| |
|
Aaron |
Bhatnagar |
|
| |
|
Dr Cathy |
Casey |
|
| |
|
Paul |
Goldsmith |
[until 10:10am, item 4.2; from 10:28am, item 12;
until 11:28am, item 10; from 11:29am, item 10] |
| |
|
Richard |
Northey, ONZM |
[until 11:26am, item10; from 11:28am, item 10] |
| ALSO PRESENT: |
|
Leila |
Boyle |
|
| |
|
Bill |
Christian, JP |
[until 12:14am, item C3] |
| |
|
Graeme |
Easte |
[from 10:07am, item 4.2] |
| |
|
Glenda |
Fryer |
[until 12:05am, item C3] |
| |
|
Toni |
Millar, JP |
[from 10:30am, item 12; until 11:19am, item 10] |
| |
|
Denise |
Roche |
[from 10:05am, item 4.2; until 11:50am, item 13;
from 12:12pm, item C3] |
APOLOGIES
That the apologies from Councillor Donnelly for
non-attendance and Councillor Lotu-Iiga for lateness be accepted.
CARRIED
CONFIRMATION OF MINUTES
That the minutes of the Extraordinary Long-term
Council Community Plan (LTCCP) Direction Setting of the Finance and Strategy
Committee meeting held on Tuesday, 7 October 2008 and Tuesday, 18 November 2008,
and the Finance and Strategy Committee meeting held on Wednesday, 19 November
2008 be confirmed as true and correct records.
CARRIED
EXTRAORDINARY BUSINESS
There was no extraordinary business.
PUBLIC FORUM
4.1. TREVOR DUNN WESTHAVEN MARINA BOARD OF TRUSTEES
[Attachment 4.1A]
That Mr
Trevor Dunn, Chairman, and Mr Bill Endean, Committee member, of the Westhaven
Marina Users Association be thanked for their presentation on the Westhaven
Marina Board of Trustees and notes that officers will be reporting on the issues
raised, related governance and financial issues early in 2009.
CARRIED
4.2. STEPHEN MOORE RATES
[Attachment 4.2]
The Chairperson moved:
That Mr Stephen Moore be
thanked for his presentation on Auckland City's rates.
Councillor Northey moved the following amendment by
way of addition:
- That the prayer of the petition be referred to the March 2009 meeting
of the Combined Committees and the following proposals be specifically
considered at that meeting:
- that there be no increase in Metrowater prices in 2009-2010
and until all charitable payments are eliminated; and
- that there be a substantial reduction in both capital and
operational expenditure proposed to be associated with the Rugby World Cup 2011,
with the reduction being appreciably more than sufficient to eliminate the
proposed targeted rate of $23 per household per year across the city.
[Secretarial note: The
amendment was ruled out of order on the grounds of irrelevance for the item
under discussion by the Chairperson on the advice of officers, and a substituted
amendment proposed by Councillor Northey was disallowed by the Chairperson for
the same reason.]
The Chairperson put the substantive motion:
That Mr
Stephen Moore, Ms Josephine Bartley and Mr Gavin Logan be thanked for their
presentation on Auckland City's rates.
CARRIED
[Secretarial note: Items 12, 11, 10, 13, part of 14, and C1 and C3 were
taken at this time in that order.]
REPORTS REQUESTED PENDING
That the reports requested pending of the
Democracy Advisor, dated 3 December 2008, be received with the following change:
- Change Row 1 from "Withdrawn" to read "Deferred until Sep-09" as
recommend to Council by the Remuneration Working Party.
CARRIED
DELEGATED DECISIONS OF THE GROUP MANAGER PROPERTY
That the
decisions made under the Group Manager Property's delegation be noted.
CARRIED
FINANCIAL REPORT FOR THE FOUR MONTHS ENDED 31 OCTOBER 2008
That the Finance and Strategy Committee notes the financial
report for the four months ended 31 October 2008 highlighting:
- (i) council's performance in
keeping its year to date operating expenditure $7.2 million favourable to
budget;
- (ii) a year to date capital
expenditure under spend of $12.3 million against budget, comprising:
- • $32.8 million capital
expenditure over spend, of which $10.0 million is the unplanned acquisition of
69 Captain Springs Road, offset by; and
- • $45.1 million year to
date capital expenditure under spend;
- (iii) the impact of decisions
made on 18 November 2008 relating to the draft 20092019 ten-year plan resulted
in the reprioritisation of $53.7 million of the 2008/09 capital expenditure.
CARRIED
HOMELESS REPORT
[Attachment 8A]
The Chairperson moved:
- A.
That the Finance and Strategy Committee notes the recommendations from the
Community Services Committee's 3 December 2008 meeting.
- B.
That the Finance and Strategy Committee notes that the objectives outlined in
the Community Services Committee's recommendations may be achieved by amending
the existing bylaw or by the development of a new bylaw, and request officers to
report back to the Community Services Committee and the Finance and Strategy
Committee with more detailed options and costs.
Councillor Casey moved the
following amendment by way of replacement:
- A.
That Council approves unbudgeted expenditure of up to $50,000 for the
development of a more involved contribution to other agencies' homeless work
streams, to further implement the approximately twenty objectives in the
Homeless Action Plan as contained in the report to the Community Services
Committee on 3 December 2008, and that the funding for this expenditure be from
the unidentified project budget established for the 2008/09 Annual Plan.
A division was called for, voting on which was as
follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith |
His Worship the Mayor, Deputy Mayor Hay, Councillor Donnelly and Councillor
Lotu-Iiga were absent.
The amendment was declared LOST by 3 votes to 2.
Councillor Northey moved the
following amendment by way of addition:
C.
That Council acknowledges that most of the issues that could be addressed by a
bylaw to manage identified homeless and related issues are already adequately
addressed by existing laws and the recently reviewed Public Spaces and
other Council bylaws, and are better addressed by the constructive, caring,
cooperative and comprehensive measures in the Homeless Action Plan and therefore
the proposal to develop a bylaw on identified homeless and related issues not be
proceeded with.
A division was called for, voting on which was as
follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith |
His Worship the Mayor, Deputy Mayor Hay, Councillor Donnelly and Councillor
Lotu-Iiga were absent.
The amendment was declared LOST by 3 votes to 2.
The Chairperson put the substantive motion:
- A. That the Finance and Strategy Committee notes the
recommendations from the Community Services Committee's 3 December 2008 meeting.
- B.
That the Finance and Strategy Committee notes that the objectives
outlined in the Community Services Committee's recommendations may be achieved
by amending the existing bylaw or by the development of a new bylaw, and request
officers to report back to the Community Services Committee and the Finance and
Strategy Committee with more detailed options and costs.
A division was called for, voting on which was as
follows:
| For the Motion: |
Against the Motion: |
| Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith |
Cr Dr Cathy Casey Cr Richard Northey |
His Worship the Mayor, Deputy Mayor Hay, Councillor Donnelly and Councillor
Lotu-Iiga were absent.
The motion was declared CARRIED by 3 votes to 2.
AUCKLAND REGIONAL TRANSPORT NETWORK LIMITED ANNUAL REPORT AND ANNUAL MEETING
That it be a recommendation to Council:
- A. That Auckland Regional Transport Network Limited's (ARTNL) annual
report be received, noting that ARTNL made a net surplus after tax of $225,000.
- B. That Council recommends to Auckland Regional Transport Network
Limited's (ARTNL) directors that the 2007/08 annual report be adopted.
- C. That Auckland City to vote in favour of the following resolutions for
Auckland Regional Transport Network Limited's (ARTNL) 2008 annual meeting, to be
held by way of written resolution in lieu of a physical meeting:
- (i) to receive, consider and adopt the financial statements and reports
for the year ended 30 June 2008; and
- (ii) to re-appoint the Controller and Auditor-General as the auditor and
authorise the directors to fix the auditors fees.
- D. That Councillor Armstrong, Chair of the Finance and Strategy
Committee, be delegated to vote on behalf of Auckland City Council and sign
documents required to give effect to the proposed resolutions of Auckland
Regional Transport Network Limited's (ARTNL) annual meeting.
- E. That Council notes that the Auckland Regional Transport Network
Limited (ARTNL) will continue to manage Britomart, under the Auckland City
Council's ownership, until the findings of the Royal Commission provide a
direction on transport governance in Auckland City.
CARRIED
PROPOSED RETAIL BOND ISSUE FOR MARCH 2009
That it be a recommendation to Council:
- A. That Council should
proceed with a retail bond issue, for an amount of up to $200 million plus
oversubscriptions.
- B. That Council delegates
authority to approve the final structure and terms of the retail bond issue to
the General Manager Finance.
- C. That Council notes that
other debt funding options may be used in conjunction with a retail bond issue,
should they provide a cost-effective alternative.
- D. That Council appoints two
of its members, plus a back-up, to sign the Certificate of Compliance that will
accompany the Investment Statement, when the Investment Statement is ready to be
released.
- E. That Council notes that
officers will be continuously reviewing the efficacy of the use of a retail bond
as a funding mechanism for council and will report back if any material events
occur that might change officer's views.
CARRIED
DELEGATIONS REGISTER
The
Chairperson moved:
That it be
a recommendation to Council:
- That Council revokes all existing delegations (other than any that relate solely
to a specific ongoing project).
- That the delegations register be amended to reflect the consolidation of the
community board local and event funds into the community board discretionary
fund. [pg 204, #499]
- That Council approves the Delegations Principles and Policies set out at
Appendix 1, subject to the following amendment;
| CBD Projects |
CD19 |
Duty to have oversight of the
CBD and waterfront policy direction and projects. |
City Development Committee |
- That Council approves the Governance Register set out at Appendix 2, by
delegating the identified powers, duties and functions to the entities and
positions listed in the column headed "Delegate".
- That it be noted that the budgeted expenditure financial delegations contained
in the Governance Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $4m |
| Committee Chair with the Chief Executive |
Up to $7.5m |
| Committee |
Up to $10m |
| Council |
$10m and over |
- That it be noted that the financial delegations for writing off debts contained
in the Governance Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $80,000 |
| Committee Chair with the Chief Executive |
Up to $200,000 |
| Finance and Strategy Committee |
Up to $400,000 |
| Council |
$400,000 and over |
- That it be noted that the Chief Executive will report to the Finance and
Strategy Committee all transactions over $1 million. [pg 130, #31]
Councillor Casey moved the
following amendment by way of addition to B:
- That the delegations register be amended to reflect the consolidation of the
community board local and event funds into the community board discretionary
fund. [pg 204, #499] and the restoration of community board delegations removed
by the 28 February 2008 Council meeting including those on signs, banners and
billboards, trees, planning, urban design and liquor licensing.
A division was called for, voting on which was as
follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith
Cr Peseta Sam Lotu-Iiga
Deputy Mayor David Hay |
His Worship the Mayor and Councillor Donnelly were absent.
The amendment was declared LOST by 5 votes to 2.
Councillor Northey moved the
following amendments:
- That Council approves the Delegations Principles and Policies set out at
Appendix 1, subject to the following amendment;
- That Principle 12 shall be deleted, that is, a Hearings Commissioner
can exercise delegations on a matter in their own ward, provided there is no
conflict of interest.
Amendment C
was put by show of hands and declared LOST by 5 votes to 2.
- That Council approves the Governance Register set out at Appendix 2, by
delegating the identified powers, duties and functions to the entities and
positions listed in the column headed "Delegate", with the following amendments:
- [page 126, number 17] $7.5 million become $1.5 million;
- [page 130, number 31] $4 million become $1 million;
- [page 135, number 54] $10 million become $2 million;
- [page 146, number 133] $10 million become $2 million;
- [page 153, number 180] $10 million become $2 million;
- [page 159, number 216] $400,000 become $250,000;
- [page 159, number 219] $10 million become $2 million;
- [page 169, number 286] $10 million become $2 million;
- That the Art Gallery Board and the Zoo Board be delegated the
authority to spend $2 million as with the other committees.
Amendment D
(i) (ix) was put by show of hands and declared LOST by 5 votes to 2.
- [page 127, number 19 & 21] $150,000 become $100,000.
- [page 178, number 336, 337, 338] $150,000 become $100,000.
A division was called for on amendment D (x) (xi),
voting on which was as follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith
Cr Peseta Sam Lotu-Iiga
Deputy Mayor David Hay |
His Worship the Mayor and Councillor Donnelly were absent.
The amendment D (x) (xi) was declared LOST by 5 votes
to 2.
- That it be noted that
the budgeted expenditure financial delegations contained in the Governance
Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $1m |
| Committee Chair with the Chief Executive |
Up to $1.5m |
| Committee |
Up to $2m |
| Council |
$2m and over |
LOST
- That it be noted that
the financial delegations for writing off debts contained in the Governance
Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $80,000 |
| Committee Chair with the Chief Executive |
Up to $150,000 |
| Finance and Strategy Committee |
Up to $250,000 |
| Council |
$250,000 and over |
LOST
The Chairperson put the substantive motion:
That it be a recommendation to Council:
- That Council revokes all existing delegations (other than any that
relate solely to a specific ongoing project).
- That the delegations register be amended to reflect the consolidation
of the community board local and event funds into the community board
discretionary fund. [pg 204, #499]
- That Council approves the Delegations Principles and Policies set out
at Appendix 1, subject to the following amendment;
| CBD Projects |
CD19 |
Duty to have oversight of
the CBD and waterfront policy direction and projects. |
City Development Committee |
- That Council approves the Governance Register set out at Appendix 2,
by delegating the identified powers, duties and functions to the entities and
positions listed in the column headed "Delegate", subject to the following:
- That appropriate reference and delegations be provided
for the Ngati Whatua o Orakei Reserves Board; and
- [page 163, number 248] Add "This power shall only be
exercised in meetings for which all councillors have been deemed to be members
of Finance & Strategy Committee".
- That it be noted that the budgeted expenditure financial delegations
contained in the Governance Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $4m |
| Committee Chair with the Chief Executive |
Up to $7.5m |
| Committee |
Up to $10m |
| Council |
$10m and over |
- That it be noted that the financial delegations for writing off debts
contained in the Governance Register are as follows:
| Delegate |
Financial Delegation |
| Chief Executive |
Up to $80,000 |
| Committee Chair with the Chief Executive |
Up to $200,000 |
| Finance and Strategy Committee |
Up to $400,000 |
| Council |
$400,000 and over |
- That it be noted that the Chief Executive will report to the Finance
and Strategy Committee all transactions over $1 million. [pg 130, #31]
CARRIED
REVIEW OF METROWATER'S PERFORMANCE FOR THE FIRST QUARTER 2008/09
- A.
That the Finance and Strategy Committee thank the chair and chief executive of
Metrowater for their attendance.
- B.
That the Finance and Strategy Committee receives Metrowater's report for the
first quarter of 2008/09, noting that:
- (i) net profit before tax for the quarter was $3.78 million, $504,000
unfavourable to budget;
- (ii) Metrowater has met its first quarter targets in relation to three
out of four key performance indicators. Unaccounted for Water was slightly
outside the first quarter target, primarily due to sales being lower than
forecast;
- (iii) Metrowater has made satisfactory progress in relation to its three
long-term measures of environmental, conservation and affordability; and
- (iv) all financial statements should be interpreted with caution as the
accounts are unaudited and are based on assumptions that could change.
Councillor Northey moved the
following amendment by way of addition to B:
- B.
That the Finance and Strategy Committee receives Metrowater's report for the
first quarter of 2008/09, noting that:
- (v) Metrowater's first quarter report specifically acknowledges that
"Metrowater is seeking to understand the risks climate change posed to the water
and wastewater networks and business, and determine what mitigation may be
required".
A division was called for, voting on which was as
follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith
Cr Peseta Sam Lotu-Iiga
Deputy Mayor David Hay |
His Worship the Mayor and Councillor Donnelly were absent.
The amendment was declared LOST by 5 votes to 2.
Councillor Casey moved the
following amendment by way of addition to B:
(vi) Metrowater's first quarter report specifically acknowledges, about
470 households had water and wastewater bills that were more than 5% of average
household income, that is, higher than the World Health Organisation Standard,
and therefore notes that "the company is investigating ways to develop a new
measure of affordability for low income households as this is a requirement in
the 2008/09 SOI".
A division was called for, voting on which was as
follows:
| For the Amendment: |
Against the
Amendment: |
| Cr Dr Cathy Casey Cr Richard Northey |
Cr Douglas Armstrong Cr Aaron Bhatnagar
Cr Paul Goldsmith
Cr Peseta Sam Lotu-Iiga
Deputy Mayor David Hay |
His Worship the Mayor and Councillor Donnelly were absent.
The amendment was declared LOST by 5 votes to 2.
The Chairperson put the
substantive motion:
- That the Finance and Strategy Committee thanks Mr
Ross Keenan, Chairman, and Mr Jim Bentley, Chief Executive, of Metrowater for
their attendance.
- That the Finance and Strategy Committee receives Metrowater's report
for the first quarter of 2008/09, noting that:
- net profit before tax for the quarter was $3.78 million, $504,000
unfavourable to budget;
- Metrowater has met its first quarter targets in relation to three
out of four key performance indicators. Unaccounted for Water was slightly
outside the first quarter target, primarily due to sales being lower than
forecast;
- Metrowater has made satisfactory progress in relation to its three
long-term measures of environmental, conservation and affordability; and
- all financial statements should be interpreted with caution as the
accounts are unaudited and are based on assumptions that could change.
CARRIED
REVIEW OF THE EDGE®'S PERFORMANCE FOR THE QUARTER ENDING 30 SEPTEMBER 2008
- That the Finance and Strategy Committee thanks Mr
Tony Larsen, Chief Financial Officer, and Ms Victoria Carter, Director, of THE
EDGE® for their attendance.
- That the Finance and Strategy Committee notes that THE EDGE® reported
a net operating deficit of $54,239 for the quarter ending 30 September 2008,
after taking into account arts agenda grant income and reserve fund transfers.
- That the Finance and Strategy Committee notes that THE EDGE® is on
track to meet all its performance targets set out in the 2008/2009 Statement of
Intent (SOI).
CARRIED
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
That the public be excluded from the following
part(s) of the proceedings of this meeting.
The general subject of each matter to be
considered while the public is excluded, the reason for passing this resolution
in relation to each matter, and the specific grounds under Section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of
this resolution follows.
This resolution is made in reliance on Section
48(1)(a) of the Local Government Official Information and Meetings Act 1987 and
the particular interest or interests protected by section 6 or section 7 of that
Act which would be prejudiced by the holding of the whole or relevant part of
the proceedings of the meeting in public, as follows:
|
Item No. |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each
matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this
resolution |
| C1. |
REVIEW OF THE EDGE®'S PERFORMANCE FOR THE QUARTER ENDING 30
SEPTEMBER 2008 |
Public conduct of matter would be
likely to result in disclosure of information for which good reason to
withhold exists under section 7. |
Section 7(2)(b)(ii)
The withholding
of the information is necessary to protect information where the making
available of the information would be likely unreasonably to prejudice the
commercial position of the person who supplied or who is the subject of the
information.
In particular,
the report contains commercially sensitive information relating to THE EDGE®
such as the financial outcomes of individual events and/or contribution
margins, which if release to the public, would disadvantage THE EDGE®
in the very competitive market in which it operates. |
Section 48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the disclosure
of information for which good reason for withholding exists under section 7.
|
| C2. |
REVIEW OF WATERCARE'S PERFORMANCE FOR THE QUARTER ENDING 30 SEPTEMBER
2008 |
Public conduct of matter would be
likely to result in disclosure of information for which good reason to
withhold exists under section 7. |
Section 7(2)(b)(ii) The withholding
of the information is necessary to protect information where the making
available of the information would be likely unreasonably to prejudice the
commercial position of the person who supplied or who is the subject of the
information.
In particular,
the report contains capital and operating expenditure information relating to
suppliers, contractors and other third parties, which if released to the
public, would prejudice and disadvantage Watercare Services Limited's
commercial position. |
Section 48(1)(a) The public
conduct of the part of the meeting would be likely to result in the disclosure
of information for which good reason for withholding exists under section 7.
|
| C3. |
REVIEW OF THE PARKING ADVISORY BOARD'S PERFORMANCE FOR THE FIRST
QUATER |
Public conduct of matter would be
likely to result in disclosure of information for which good reason to
withhold exists under section 7. |
Section 7(2)(h) The withholding
of the information is necessary to enable the local authority to carry out,
without prejudice or disadvantage, commercial activities.
In particular,
this report contains material that in a competitive environment, competing
with privately owned car parks, disclosure of strategic intent could have an
adverse impact on the market. |
Section 48(1)(a) The public
conduct of the part of the meeting would be likely to result in the disclosure
of information for which good reason for withholding exists under section 7.
|
| C4. |
DELEGATED DECISIONS OF THE GROUP MANAGER PROPERTY |
Public conduct of matter would be
likely to result in disclosure of information for which good reason to
withhold exists under section 7. |
Section 7(2)(h) The withholding
of the information is necessary to enable the local authority to carry out,
without prejudice or disadvantage, commercial activities.
In particular,
the report contains references to the property's value and information that
may impact on the property owner's commercial activities; identification of
the site and contract terms which form the basis of negotiations between
council and the landowner; sensitive information about council's proposed
intentions for the site, which could prejudice or disadvantage its commercial
activities. |
Section 48(1)(a) The public
conduct of the part of the meeting would be likely to result in the disclosure
of information for which good reason for withholding exists under section 7.
|
- That Mr Tony Larsen and Ms Victoria Carter, of THE EDGE® be
permitted to remain at this meeting after the public has been excluded for
confidential item C1 because of his knowledge of the THE EDGE®'S performance.
- That Mr Warren Gibb, Chair of the Parking Advisory Board be
permitted to remain at this meeting after the public has been excluded for
confidential item C3 because of his knowledge of the Parking Advisory Board.
There being no further business
the Chairperson declared the meeting closed at 12:50 pm.
|