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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON FRIDAY, 12 JUNE 2009 AT 10:05AM
IN THE LEVEL 15 MEETING ROOM
CIVIC ADMINISTRATION BUILDING, AUCKLAND CITY COUNCIL
1 GREYS AVENUE, AUCKLAND

PRESENT:	Deputy Mayor	David	Hay, JP
	Councillors:	Douglas	Armstrong, QSO
		Ken	Baguley
		Aaron	Bhatnagar
		Leila	Boyle
		Dr Cathy	Casey
		Bill	Christian, JP
		Mark	Donnelly
		Graeme	Easte
		Glenda	Fryer
		Paul	Goldsmith
		John	Lister, OBE
		Toni	Millar, JP
		Greg	Moyle, ED	[From 10.07am, item 3; until 10.45am, item 5]
		Graeme	Mulholland, JP
		Richard	Northey, ONZM
		Denise	Roche

1. APOLOGIES

   Deputy Mayor David Hay moved:

   Councillor Christian seconded:

   That the apologies from His Worship the Mayor, Councillor Lotu-Iiga and Councillor Raffills for non-attendance and from Councillor Moyle for lateness and early departure be accepted.

   CARRIED

2. PETITIONS

   There were no petitions received.

3. DEPUTATIONS

   3.1 DEPUTATION - TENDER FOR WAIHEKE WASTE SERVICES

   Shirin Brown. Pita Rikys  and Sue Connor addressed council regarding the Waiheke Waste Services tender.

   Deputy Mayor moved

   Councillor Christian seconded:

   That Shirin Brown, Pita Rikys and Sue Connor be thanked for their deputation regarding the Waiheke Waste Services tender.

   CARRIED

4. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

   REPORTS OF COMMITTEES

5. CITY DEVELOPMENT COMMITTEE REPORT NO. 05/2009

   Councillor Roche and Councillor Casey declared a conflict of interest and did not take part in the debate or vote on the tender for Waiheke Waste Services.

   The recommendations from the 11 June 2009 City Development Committee were tabled.

   [ATTACHMENT 5A]

   Councillor Bhatnagar moved:

   Councillor Christian seconded:

   That the City Development Committee report No. 05/2009 be adopted, i.e.

   Tender for Waiheke Waste Services

   1. That Council notes:
      1. the resolutions from the City Development Committee's 14 May 2009 meeting relating to item 16 - Tender for Waiheke Island waste services, as repeated in the reference section of the report of Manager Environmental Infrastructure dated 11 June 2009;
      2. that current contracts for refuse and recycling services on Waiheke Island expire on 30 June 2009 and new arrangements are necessary;
      3. that in order to procure services that are essential for the public health of the community on Waiheke Island, a comprehensive competitive tender process to obtain best value for Auckland city ratepayers has been undertaken;
      4. the excellent financial results achieved for Auckland City Council's ratepayers as a result of this tender process, generating substantial multi-year savings on both operating and capital expenditure;
      5. that the upgrade of the transfer station has been proposed from 2001 and is long overdue; and
      6. that under the recommended options, residents will be offered a choice of whether to utilise a bin or a bag-based service.
   2. That Council further notes that the recommended Waiheke Island waste service involves the following:
      1. Bag-based weekly kerbside collection service for refuse and recyclables and an opportunity for residents to request a bin service for either refuse, recycling or both. The bag system will be given to those residents who do not specify a choice.
      2. A new transfer station to be developed on the Ostend Road site offering the following services:
         • A waste recovery facility
         • Construction and demolition drop off
         • Green waste drop off'
         • Recyclables drop off
         • Refuse transfer
         • Hazardous waste drop off point
         • Inorganic drop off point, ie: household furniture and whiteware
         • A buy-back shop
      3. An education centre
   3. That officers report to the City Development Committee on the outcome of residents' refuse and recycling container choice preferences, noting that the report recommends a minimum of 10% take-up of bins to achieve viability.
   4. That a ten year contract with Transpacific Industries Group (NZ) Ltd for the refuse and recyclable collections, operation and redevelopment of the Waiheke transfer station, based on their alternative tender for a bag based system with the option of residents choosing a bin-based service, together with their conforming transfer station tender in the sum of $21,441,043 plus GST, including a contingency sum of $300,000, be entered into based on the tender documents.
   5. That the Waiheke Community Board be consulted in finalising the five day collection cycle for Waiheke Island.
   6. That the tender acceptance decision be forwarded to the newly established Auckland Transition Agency for consideration under Sections 21 and 31 of The Local Government (Tamaki Makaurau Re-Organisation) Act 2009.
   7. That Clean Stream Waiheke Limited be disqualified from the tender process in terms of tender rule 3.4.9 which provides that any canvassing by a tenderer or representative will result in disqualification.
   8. That Council notes that advice regarding ongoing councillor involvement in the tender process has been given as follows:
      1. Councillor Roche to continue to declare her interest and abstain from voting, discussion or being present at meetings when this tender is discussed.
      2. Councillor Casey to declare her interest and as appropriate, abstain from voting, discussion or being present at meetings when this tender is discussed.
      3. Councillors Fryer, Boyle, Northey and Easte be asked to consider whether their interest in the topic indicates a level of bias or predetermination that would prohibit their ability to keep an open mind when discussing or making a decision in relation to the tender and, if the latter is the case, they should declare that interest and, as appropriate, abstain from voting, discussion or being present at meetings when this tender is discussed.
   9. That the memorandum from Councillors Boyle, Casey, Easte, Fryer and Northey dated 4 June 2009 be received.

   Councilor Northey moved the following amendment by way of substitution:

   Councilor Boyle seconded:

   That D be amended by way of substitution to read:

   That tenders be re-opened for all Waiheke Waste Services to enable all current and potential new tenderers to tender for hybrid bag and bin-based collection system with the existing service continuing until the new tender is agreed to.

   A division was called for, voting on which was as follows:

   For the Amendment:		Against the Amendment:
   Councillors:	Leila Boyle Graeme Easte Glenda Fryer Richard Northey	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Graeme Mulholland

   
   Councillors, Peseta Sam Lotu-Iiga, Greg Moyle, Noelene Raffills, and His Worship the Mayor were absent.

   Councillors, Cathy Casey and Denise Roche had declared a conflict of interest and did not vote.

   The amendment was declared LOST by 10 votes to 4.

   The Chairperson put the following substantive motion:

   That the City Development Committee report No. 05/2009 be adopted, i.e.:

   Tender for Waiheke Waste Services

   1. That Council notes:
      1. the resolutions from the City Development Committee's 14 May 2009 meeting relating to item 16 - Tender for Waiheke Island waste services, as repeated in the reference section of the report of Manager Environmental Infrastructure dated 11 June 2009;
      2. that current contracts for refuse and recycling services on Waiheke Island expire on 30 June 2009 and new arrangements are necessary;
      3. that in order to procure services that are essential for the public health of the community on Waiheke Island, a comprehensive competitive tender process to obtain best value for Auckland city ratepayers has been undertaken;
      4. the excellent financial results achieved for Auckland City Council's ratepayers as a result of this tender process, generating substantial multi-year savings on both operating and capital expenditure;
      5. that the upgrade of the transfer station has been proposed from 2001 and is long overdue; and
      6. that under the recommended options, residents will be offered a choice of whether to utilise a bin or a bag-based service.
   2. That Council further notes that the recommended Waiheke Island waste service involves the following:
      1. Bag-based weekly kerbside collection service for refuse and recyclables and an opportunity for residents to request a bin service for either refuse, recycling or both. The bag system will be given to those residents who do not specify a choice.
      2. A new transfer station to be developed on the Ostend Road site offering the following services:
         • A waste recovery facility
         • Construction and demolition drop off
         • Green waste drop off'
         • Recyclables drop off
         • Refuse transfer
         • Hazardous waste drop off point
         • Inorganic drop off point, ie: household furniture and whiteware
         • A buy-back shop
         • An education centre
   3. That officers report to the City Development Committee on the outcome of residents' refuse and recycling container choice preferences, noting that the report recommends a minimum of 10% take-up of bins to achieve viability.

   CARRIED

   4. That a ten year contract with Transpacific Industries Group (NZ) Ltd for the refuse and recyclable collections, operation and redevelopment of the Waiheke transfer station, based on their alternative tender for a bag based system with the option of residents choosing a bin-based service, together with their conforming transfer station tender in the sum of $21,441,043 plus GST, including a contingency sum of $300,000, be entered into based on the tender documents.
   5. That the Waiheke Community Board be consulted in finalising the five day collection cycle for Waiheke Island.
   6. That the tender acceptance decision be forwarded to the newly established Auckland Transition Agency for consideration under Sections 21 and 31 of The Local Government (Tamaki Makaurau Re-Organisation) Act 2009.
   7. That Clean Stream Waiheke Limited be disqualified from the tender process in terms of tender rule 3.4.9 which provides that any canvassing by a tenderer or representative will result in disqualification.
   8. That Council notes that advice regarding ongoing councillor involvement in the tender process has been given as follows:
      1. Councillor Roche to continue to declare her interest and abstain from voting, discussion or being present at meetings when this tender is discussed.
      2. Councillor Casey to declare her interest and as appropriate, abstain from voting, discussion or being present at meetings when this tender is discussed.
      3. Councillors Fryer, Boyle, Northey and Easte be asked to consider whether their interest in the topic indicates a level of bias or predetermination that would prohibit their ability to keep an open mind when discussing or making a decision in relation to the tender and, if the latter is the case, they should declare that interest and, as appropriate, abstain from voting, discussion or being present at meetings when this tender is discussed.
   9. That the memorandum from Councillors Boyle, Casey, Easte, Fryer and Northey dated 4 June 2009 be received.

   CARRIED

   Resolutions A, B & C were voted on separately in a block and E, F & H were voted on separately in a block.

   A division was called for resolution D and G, voting on which was as follows:

   For the Motions D and G		Against the Motions D and G:
   Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Graeme Mulholland	Councillors:	Leila Boyle Graeme Easte Glenda Fryer Richard Northey

   
   Councillors, Peseta Sam Lotu-Iiga, Greg Moyle, Noelene Raffills, and His Worship the Mayor were absent.

   Councillors, Cathy Casey and Denise Roche had declared a conflict of interest and did not vote.

   The motion was declared CARRIED by 10 votes to 4.

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

   Deputy Mayor David Hay moved:

   Councillor Bhatnagar seconded:

   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	Tender for Waiheke Island waste services	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. 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 on the Waiheke Island Waste Services tenders contains information which is commercially sensitive and would be likely to unreasonably prejudice the commercial position of the organisation which supplied the information. It also allows Council to carry out, without prejudice or disadvantage 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.

   CARRIED

   There being no further business the Deputy Mayor declared the meeting closed at 11:37am