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OPEN AGENDA

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 11 December 2008
TIME: 6.00 pm
VENUE: Council Chambers
  Ground Floor
  Auckland Town Hall
Lee Manaia
DEMOCRACY ADVISOR

Members:

His Worship the Mayor, Hon John Banks, QSO
Cr Douglas Armstrong, QSO
Cr Ken Baguley
Cr Aaron Bhatnagar
Cr Leila Boyle
Dr Cathy Casey
Cr Bill Christian, JP
Cr Mark Donnelly
Cr Graeme Easte
Cr Glenda Fryer
Cr Paul Goldsmith
Deputy Mayor David Hay, JP
Cr John Lister, OBE
Cr Peseta Sam Lotu-Iiga
Cr Toni Millar, JP
Cr Greg Moyle, E.D.
Cr Graeme Mulholland, JP
Cr Richard Northey, ONZM
Cr Noelene Raffills
Cr Denise Roche

  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top MINUTES

    The minutes of the ordinary meeting of Council held on Thursday, 27 November 2008 to be confirmed as a true and correct record subject to the following amendment to item 14:

    It was resolved as follows:

    14. HEARINGS PANEL REPORT NO. 10/2008

    That the recommendations contained in Hearings Panel report No. 10/2008 be adopted, i.e.:

    Recommendations of the Hearings Panel to Amend the Auckland City Council Signs Bylaw 2008

    1. That following the special consultation procedure undertaken by council
      1. the existing Signs Bylaw (part 27 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Signs Bylaw 2008 as outlined in appendix 2 of the Hearings Panel report dated 8 October 2008 be adopted.
    2. That an explanatory note be inserted at the end of clause 27B.1.2 of the Billboards Bylaw 2007 as outlined in appendix 3 of the Hearings Panel report dated 8 October 2008.
    3. That the amendments to the Signs Bylaw 2008 should come into force on 16 December 2008.

    That item 14 be amended to read as follows:

    That the recommendations contained in Hearings Panel report No. 10/2008 be adopted, i.e.:

    Recommendations of the Hearings Panel to Amend the Auckland City Council Signs Bylaw 2008

    1. That following the special consultation procedure undertaken by council the existing Signs Bylaw 2007 (part 27 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Signs bylaw 2008 amended as outlined in appendix 2 of the Hearings Panel report dated 8 October 2008 be adopted.
    2. That an explanatory note be inserted at the end of clause 27B.1.2 of the Billboards Bylaw 2007 as outlined in appendix 3 of the Hearings Panel report dated 8 October 2008.
    3. That the amendments to the Signs Bylaw 2008 should come into force on 16 22 December 2008.

  3. Top LEAVE OF ABSENCE

  4. Top PETITIONS

  5. Top DEPUTATIONS

  6. Top EXTRAORDINARY BUSINESS

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
    (a) The local authority by resolution so decides; and
    (b) The presiding member explains at the meeting at a time when it is open to the public,-
      (i) The reason why the item is not on the agenda; and
      (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting."
    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "Where an item is not on the agenda for a meeting,-
    (a) That item may be discussed at that meeting if-
      (i) That item is a minor matter relating to the general business of the local authority; and
      (ii) The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
    (b) no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."

  7. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 10/2008

    This report relates to:

    Plan Change 225 - 32 Balfour Road, Parnell - Approval to Incorporate into the District Plan (Isthmus)

    Seeking Council approval for Plan Change 225 (32 Balfour Road, Parnell) to the District Isthmus Plan to be made operative.

    [ATTACHMENT 7] Pages 1 - 12

  8. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 11/2008

    This report relates to:

    1. Exemption of organisations from Council Controlled Organisation (CCO) Status
      Seeking Council approval that the Auckland Zoological Park Charitable Trust, Downtown Marinas Ltd, Westhaven Marinas Ltd, Westhaven (Existing Marina) Trust and Westhaven (Marina Extension) Trust be exempted from Council Controlled Organisation (CCO) status under section 7 of the Local Government Act 2002.
    2. Exemption for the subsidiary organisations of the Auckland Regional Transport Network Limited group from Council Controlled Organisation (CCO) Status
      Seeking Council approval that Auckland Regional Transport Network Limited (ARTNL) Harbour Berths Limited, ARTNL Metro Limited and ARTNL Britomart Limited be exempted from Council Controlled Organisation (CCO) status under section 7 of the Local Government Act 2002.
    [ATTACHMENT 8] Pages 13 - 24

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 12/2008

    This report relates to:

    1. Delegations Register
      Officers' recommendations:
      Seeking Council approval to revoke all existing delegations (other than any that relate solely to a specific ongoing project) and approve the Delegations Principles and Policies (set out in appendix 1) and governance register (set out in appendix 2), noting the financial delegations for budgeted expenditure and writing off of debts.
    2. Homeless Report
      Officers' recommendations:
      Seeking Council approval for unbudgeted expenditure of up to $50,000 for the development of a bylaw to manage identified homeless and other issues.
    3. Auckland Regional Transport Network Limited Annual Report And Annual Meeting
      Officers' recommendations:
      Seeking Council approval to receive the Auckland Regional Transport Network Limited's (ARTNL) annual report and recommending to ARTNL's directors that the 2007/2008 annual report be adopted.
      Also seeking Council's approval for adopting the financial statements and report for the year ended 30 June 2008 by resolution in lieu of a physical annual general meeting and to re-appoint the Controller and Auditor-General as the auditor with the fees to be set by the directors.
      Further seeking Council approval for the Chairperson of the Finance and Strategy Committee to be delegated authority to vote on behalf of Auckland City Council and sign documents required to give effect to the proposed resolutions of ARNTL's annual meeting.

    Secretarial Note: The resolutions from the 10 December 2008 Finance and Strategy Committee meeting will be tabled at the 11 December 2008 Council meeting.

    [ATTACHMENT 9] Pages 25 - 242

    Secretarial note: The 10 December 2008 Finance and Strategy Committee meeting will have an additional item for council to consider regarding a proposed retail bond issue for March 2009.

    1. Proposed retail bond issue for March 2009

    Seeking council agreement to proceed with a retail bond issue, for an amount of up to $200 million plus oversubscriptions, noting that other debt funding options may be used in conjunction with a retail bond issue, should they provide a cost-effective alternative, and delegating authority to approve the final structure and terms to the General manager finance.

    [ATTACHMENT 9.A] Pages 1 - 8

  10. Top REMUNERATION WORKING PARTY REPORT NO. 02/2008  

    This report relates to:

    Review of Structure and Membership of Committees

    Recommending that Council endorse the committee structure established in November 2007, subject to the addition of Councillor Boyle to the City Development Committee; the replacement of Councillor Christian with Councillor Mulholland as Chairperson of the Zoo Board and the replacement of Councillor Lotu-Iiga with Councillor Bhatnagar on the Central Business District (CBD) Board.

    [ATTACHMENT 10] Pages 243 - 244

  11. Top TRANSPORT COMMITTEE REPORT NO. 10/2008

    This report relates to:

    Supplier Recommendation Report for Liveable Streets Pilot Project

    Seeking Council approval for a contract with Arrow Civil Engineers Limited in the sum of $1,064,618.65 (excluding GST), for contract PW/08/596, Liveable Streets Pilot Project, noting a contingency amount of 10% ($96,783.51) is included in the above amount.

    [ATTACHMENT 11] Pages 245 - 250

  12. Top CHIEF EXECUTIVE'S NOVEMBER 2008 REPORT

    David Rankin  
    Chief Executive 4 December 2008

    Presenting the Chief executive's monthly report on key matters including those of leadership and strategy, an overview on issues and activities, and recommending that these be noted

    [ATTACHMENT 12] Pages 251 - 262

  13. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 5 December 2008
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    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.

    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 Council Funding of 2018 Commonwealth Games Feasibility Research 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)(i)

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the contractual negotiations between the provider of the Advance Support Programme (Event Knowledge Services) and the New Zealand Olympic Committee are still ongoing and disclosure of council's degree of commitment could unduly influence the negotiation process. Once negotiations have concluded, this report will be moved to an open agenda.

    		 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.

  14. Top NOTICE OF MOTION - CELLPHONE TOWERS AND ASSOCIATED CABINETS

    Aaron Bhatnagar  
    Councillor 9 December 2008

    Central government is reconsidering changes to legislation as part of the "100 day plan" and proposing changes to the National Environmental Standard for Cellphone Towers and Cabinetry.

    Recommending that Council request central government to take into consideration the following requirements to underground cabinetry, minimise visual impact, encourage co-location of facilities and where this can't be taken into account residents be consulted on the location of this type of infrastructure. Further recommending that telecommunication companies be requested to demonstrate best practice by undergrounding cabinetry or incorporating the cabinetry within existing building and designing antennae to minimise the visual impact.

     [ATTACHMENT 14] Pages 1 - 2
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