CITY OF ARMADALE€¦ · OF CITY STRATEGY COMMITTEE TO BE HELD IN THE COMMITTEE ROOM,...

CITY OF ARMADALE

A G E N D A

OF CITY STRATEGY COMMITTEE TO BE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY, 16 JUNE 2009 AT 7.00 PM.

[A meal will be served at 6.15pm] PRESENT: APOLOGIES: Cr J H Munn JP CMC Leave of absence Cr J Knezevich Leave of absence OBSERVERS: IN ATTENDANCE: DISCLAIMER The Disclaimer for protecting Councillors and staff from liability of information and advice given at Committee meetings to be read by the Chairman.

CITY STRATEGY 2 16 JUNE 2009 COMMITTEE

DECLARATION OF MEMBERS’ INTERESTS QUESTION TIME DEPUTATION Nil

CONFIRMATION OF MINUTES

RESOLVED

Minutes of the City Strategy Committee Meeting held on 19 May 2009, be confirmed.

Moved Cr __________ Motion Carried/Lost (….) ITEMS REFERRED FROM INFORMATION BULLETIN

The following items were included for information in the “City Strategy section”

Progress Report on Contingency, Operational & Strategic Projects Report on Outstanding Matters – City Strategy Committee Report on Donations/Community Grants/Annual Contributions Accounting Services Report Summary

Monthly Report – Use of the City’s Common Seal

I N D E X

CITY STRATEGY COMMITTEE 16 June 2009

FINANCIAL MANAGEMENT & PLANNING

LIST OF ACCOUNTS PAID – MAY 2009.............................................................................. 5 MONTHLY FINANCIAL STATEMENT – MAY 2009 .......................................................... 7

MISCELLANEOUS

ADOPTION OF SMOKE FREE OUTDOOR AREAS POLICY ............................................. 9 PERFORMANCE EVALUATION PROCESS – CHIEF EXECUTIVE OFFICER............... 16 PROPOSED ABSENCE & LEAVE - CHIEF EXECUTIVE OFFICER ................................ 13

CITY STRATEGY 5 16 JUNE 2009 COMMITTEE – Financial Management & Planning

LIST OF ACCOUNTS PAID – MAY 2009 WARD All FILE REF: FIN/1 DATE 5 June 2009 REF AB/MD RESPONSIBLE MANAGER

Executive Manager Business Services

In Brief: • The Report presents, pursuant to Regulation 13(1),

(3) & (4) of the Local Government (Financial Management) Regulations 1996, the List of Accounts paid for the period 1.05.09 to 31.05.09

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Corporate Services Make maximum use of available technology to improve administration, governance and service delivery. Legislation Implications Section 6.10 (d) of the Local Government Act 1995 refers, i.e.

6.10. Financial management regulations Regulations may provide for —

(d) the general management of, and the authorization of payments out of —

(i) the municipal fund; and (ii) the trust fund,

of a local government. Regulation 13(1), (3) & (4) of the Local Government (Financial Management) Regulations 1996 refers, i.e.

13. Lists of Accounts (1) If the local government has delegated to the CEO the exercise of its

power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction.

(3) A list prepared under subregulation (1) is to be — (a) presented to the council at the next ordinary meeting of

the council after the list is prepared; and (b) recorded in the minutes of that meeting.


(4) After the list referred to in subregulation (1) has been prepared for a month the total of all other outstanding accounts is to be calculated and a statement of that amount is to be presented to the council at the meeting referred to in subregulation (3)(a).

Council Policy/Local Law Implications Nil Budget/Financial Implications All accounts paid have been duly incurred and authorised for payment as per approved purchasing and payment procedures. Consultation Nil Background Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the CEO (Primary Delegation No: 150 refers) the exercise of its powers to make payments from the municipal and trust funds. COMMENT The List of Accounts paid for the period 1.05.09 to 31.5.09 is presented. (Refer to Attachment “A-1” – Summary of Attachments – Lilac page.)

RECOMMEND

That Council note the List of Accounts paid as presented at Attachment “A-1” of the Agenda and summarised as follows: Municipal Fund Accounts paid totalling $12,186,181.64 on Vouchers 10303 – 10492, Batch 786-794/796-797/799,101228-101245,200057,300140-300142, PY99.42 PY01.23-PY01.24 Trust Fund Accounts paid totalling $6,168,003.56 on Vouchers 438-498, Batch 795/ 798 & 400049-400051

Moved Cr ____________ Motion Carried/Lost (….)


MONTHLY FINANCIAL STATEMENT – MAY 2009

WARD : ALL

FILE REF : FIN/1

DATE : June 2009 REF : AFM / NC

RESPONSIBLE MANAGER

: EDCorpS and EMBS

In Brief:- This Report presents the City’s Monthly Financial Report for the 11 months period ended 31 May 2009. The Report recommendation is to receive the Financial Report.

Tabled Items Nil Strategic Implications Developing our Organisation:

Improve the environment for effective governance; Improve the overall financial viability of Council.

Legislation Implications Section 6.4 of the Local Government Act 1995 (Financial Report) and Regulation 34 of the Local Government (Financial Management) Regulations 1996 (Financial Activity Statement Report) state the need, and format requirements, for the production of monthly financial reports for presentation to Council. Council Policy/Local Law Implications Nil Budget/Financial Implications The Statement of Financial Activity as presented refers and explains. Consultation Departmental Managers (where required) BACKGROUND Each month officers are required to prepare monthly financial reports, covering the prescribed information, and present these to Council for receipt. COMMENT Attached to this Report is the Monthly Statement of Financial Activity for the period ended 31 May 2009. (Refer to Attachment “A-2” – Summary of Attachments – Lilac page.)


For the purposes of reporting material variances from the Statement of Financial Activity, indicators, as resolved by Council, have been applied. These indicators are: Revenue

Material variances are identified where, for the period being reported, the actual varies to the budget by an amount of (+) or (-) $50,000 and in these instances an explanatory comment has been provided.

Expense

Material variances are identified where, for the period being reported, the actual varies to the budget by an amount of (+) or (-) $100,000 and in these instances an explanatory comment has been provided.

For the purposes of explaining each Material Variance, a three part approach has been taken. The parts are:

• Period Variation Relates specifically to the value of the Variance between the Budget and Actual figures for the period of the report.

• Primary Reason Explains the primary reasons for the period Variance. As the report is aimed at a higher level analysis, minor contributing factors are not reported.

• Budget Impact Forecasts the likely $ impact on the Annual Budget position. It is important to note that figures in this part are ‘indicative only’ at the time of reporting, for circumstances may subsequently change.

RECOMMEND

That Council, pursuant to Regulation 34 of the Local Government (Financial Management) Regulations 1996 (Financial Activity Statement Report) receive the Statement of Financial Activity for the 11 month period ended 31 May 2009, as presented at Attachment “A-2”.

Moved Cr ____________ Motion Carried/Lost (….)

CITY STRATEGY 9 16 JUNE 2009 COMMITTEE – Miscellaneous

ADOPTION OF SMOKE FREE OUTDOOR AREAS POLICY

WARD

: ALL

DATE

: June 2009

REF

: JE

RESPONSIBLE MANAGER

: HSM

:

In Brief: • A Tobacco Action Plan (TAP) and associated Smoke

Free Workplace Policy were adopted by Council at its April 2009 meeting.

• At the same meeting, Council also endorsed advertising of the draft Smoke Free Outdoor Areas Policy for a 30 day period, prior to it being referred back to Council for adoption.

• Four submissions were received and since commencement of the consultation period, proposed amendments to Tobacco Control legislation have made some provisions of the draft policy redundant.

• It is recommended that draft Smoke Free Outdoor Areas Policy be adopted as amended.

Tabled Items Nil. Officer Interest Declaration Nil. Strategic Implications

Strategic Plan 2005-2009 - Building our Community ■ Aim: improve the overall wellbeing and safety of the community.

Public Health Plan 2008-2013 ■ Challenge: initiate and support interventions to reduce the incidence of

preventable chronic diseases through environmental change, nutrition, physical activity, tobacco control and responsible alcohol consumption.

Legislation Implications Nil. Council Policy / Local Law Implications

Endorsement of the TAP establishes a City position that will result in the adoption of associated policies. Budget / Financial Implications

There will be costs involved in the installation and erection of signs, stickers and cigarette butt bins and creation of banners and promotion material. The South Metropolitan Public Health Unit (SMPHU) has contributed $5,000 to cover the cost of purchasing signs.


BACKGROUND A Tobacco Action Plan (TAP) and associated Smoke Free Workplace Policy were adopted by Council at its April 2009 meeting. At the same meeting, Council also endorsed advertising of the draft Smoke Free Outdoor Areas Policy for a 30 day public comment period, prior to it being referred back to Council for adoption. The draft policy proposed to limit smoking in outdoor public places under the jurisdiction of the City and the ARA, including:

(a) In the vicinity of playground equipment; (b) Within 5 metres of doorways and 10 metres of air intake vents of Council

owned or managed buildings; (c) Within the boundaries of the following designated outdoor congregation areas:

Armadale Producers Market (while it is operating), Armadale Aquatic Centre;

(d) At all Council run events on its reserves, parks, ovals and playing fields; and (e) In alfresco dining areas on public land.

Public notices were placed in the Examiner and Community newspapers inviting submissions and press releases received prominent coverage in both papers. Copies of the draft policy were also made available for viewing at all City Libraries and the Administration building. COMMENT Since commencement of the 30 day public comment period MPs in Western Australia have reached agreement on an anti-smoking bill put forward by Independent MP Janet Wollard, ensuring its quick passage through Parliament. The bill, once enacted, will result in laws that ban smoking in alfresco areas of restaurants and cafes, and 50% of hotel alfresco areas. Smoking will also be banned within 10 metres of children’s playgrounds. As a result those provisions in the proposed Smoke Free Outdoors Areas Policy will become redundant. At the close of the public consultation period on 02 June, five submissions were received, which are summarized as follows: Name, Address Comments Response Armadale Early Years Network. Prospect Road Armadale

We believe the policy is consistent with our vision and that of the Armadale City Council vision for Armadale to be a “great place to raise children and grow old with dignity”.

Noted

British American Tobacco Australia Virginia Park Westfield Drive Evergardens 2036 NSW

1. We therefore support certain outdoor smoking regulations, including bans in children’s playgrounds….. 2. Footpath and alfresco dining bans will hurt small businesses

1. Noted 2. As a result of successful passage of a bill through Parliament to apply bans to all alfresco restaurants and cafes, it is proposed to remove this provision from the draft policy


Name, Address Comments Response (Name supplied) Smoking, even though it is proven to be

harmful is still considered a habit that stressed people partake of. With introduction of your smoke free policy, I urge you to consider designating smoking areas.

Noted

(Name supplied) I object at your proposal on the grounds that you are denying people freedom of choice.

The principle applies equally to non smokers

(Name supplied) I agree-please ban outdoor smoking Noted As a result of the imminent legislative changes and public comments, it is proposed to remove all references to alfresco dining and playgrounds from the draft policy. OPTIONS 1. To adopt the draft Smoke Free Outdoor Areas Policy (as presented in this report)

with references to alfresco dining and playgrounds removed. 2. To adopt the draft Smoke Free Outdoor Areas Policy with modifications. 3. To elect not to proceed with the draft Smoke Free Outdoor Areas Policy. CONCLUSION The draft Smoke Free Outdoor Areas Policy is consistent with the approach taken by numerous other Councils in Western Australia and nationally. It also reinforces the position taken by Council when adopting the City's Public Health Plan 2008-2013, at its July 2008 meeting. That report advocated the City becoming more actively involved in chronic disease prevention in a support and partnership role. Option 1 is therefore recommended. RECOMMEND

That Council adopt the draft Smoke Free Outdoor Areas policy as presented in this report.

Moved Cr _______________ Motion Carried/Lost ( )


PROPOSED ABSENCE & LEAVE - CHIEF EXECUTIVE OFFICER WARD All FILE REF: PSF DATE 10 June 2009 REF SDS RESPONSIBLE MANAGER

CEO

In Brief: Advice of the CEO’s attendance at • the BITRE 2009 Colloquium – Infrastructure for

the Nation’s Future in Canberra later this week on 18th & 19th June 2009.

• the ALGA National General Assembly from 22nd to 23rd June 2009; and

• the Chief Officers Group meeting at Port Stephens 22-24 July and proposed 2 days of annual leave on 20-21 July 2009..

It is recommended that the Executive Director – Development Services to be appointed Acting Chief Executive Officer for both periods of absence.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Nil Legislation Implications Nil Council Policy/Local Law Implications Council Management Practice ADM 12 “Acting Senior Positions” states (in part) as follows:

Planned Leave Absences – Executive Director’s will be appointed to the position of Acting Chief Executive Officer by resolution of Council upon recommendation by the Chief Executive Officer. Generally, Executive Directors will be appointed to the position on a rotational basis..

Budget/Financial Implications The higher duties payment associated with this matter is provided for in the adopted 2008-09 Annual Budget. Consultation Nil


BACKGROUND Council in May 2009 approved the attendance of the CEO and Mayor at the ALGA National General Assembly and in January 2009 approved attendance at the Chief Officers’ Group meeting in Port Stephens. The National General Assembly in Canberra will be preceded by the BITRE 2009 Colloquium – Infrastructure for the Nation’s Future on the 18th and 19th June (i.e. later this week). The CEO will attend the Colloquium in his role as Chair of the Outer Metropolitan Growth Council’s group, whilst the Mayor will attend the Australian Council of Local Government’s Second Plenary Meeting on Thursday 25th June. There will also be a meeting of the National Growth Areas Alliance on Monday 22nd June, attended by both the Mayor and CEO. The Australian and New Zealand Chief Officers’ Group meets in Port Stephens, NSW from 23rd to 25th July 2009 and the CEO proposes to take two days leave in advance of the meeting. Accordingly, he will be absent from Monday 20th July to Friday 24th July 2009 inclusive. COMMENT Whilst the first term of absence would normally be considered “unplanned” ie. the CEO is not on leave, and the Executive Director Corporate Services would assume the acting position, this is not considered desirable as Council’s Budget is being finalised. Accordingly in line with Council’s Management Practice ADM-12, it is recommended that the Executive Director Development Services, Mr Ian MacRae be appointed Acting Chief Executive Officer from 18th June to 23rd June and again from 20th to 24th July 2009, and that Mr Paul Sanders be appointed Acting Executive Director Development Services for the same period. Inadvertently the timing of this ratification occurs partially within the acting period. This is not technically a problem as the CEO is still on duty, simply “absent” and therefore delegating the necessary authority. Another unexpected development is that both the Mayor and Deputy Mayor will be absent from the Council meeting scheduled for Monday 25th June, necessitating the appointment of a Councillor to perform the role of Acting Mayor for the meeting, in accordance with Section 5.35(1)(b) of the Local Government Act 1995. This will need to be the first item on the Agenda for the meeting of Monday 25th. The Acting CEO will preside over the meeting until the position is filled.


RECOMMEND That Council: 1. note the Chief Executive Officer’s proposed absence from 18th

June to 23rd June (inclusive) and from 20th to 24th July 2009 (inclusive) and appoint the Executive Director Development Services, Mr Ian MacRae, as Acting Chief Executive Officer, for these periods of absence.

2. appoint Mr Paul Sanders as Acting Executive Director

Development Services for the same period. Moved Cr…………. Motion Carried/Lost (……)


PERFORMANCE EVALUATION PROCESS – CHIEF EXECUTIVE OFFICER WARD All FILE REF: PSF/365 DATE 10 Jun 09 REF SDS RESPONSIBLE MANAGER

CEO

In Brief: Council approved the terms and conditions of a 5 year

Contract of Employment for the CEO effective 1 May 2007.

To advance and facilitate the necessary contractual considerations and to complete the 2008-09 performance review it is proposed that a panel of councillors be formed and that the panel be provided with independent facilitation and professional advisory services.

Strategic Implications The CEO’s Performance Objectives relate to all aspects of the Strategic Plan Legislation Implications Sections 5.38 and 5.39 of the Local Government Act 1995 Council Policy/Local Law Implications Nil Budget/Financial Implications Nil Consultation Mayor BACKGROUND Council at its meeting on 19 February approved terms and conditions of a five year Contract of Employment for the Chief Executive Officer with effect from 1 May 2007 and upto 30 April 2012. As per terms of the Contract, Council reviewed the CEO’s 2007-08 performance and in August 2008 confirmed Key Result Areas for the period August 2008 to July 2009 with the next performance review to be conducted in July 2009. Accordingly a process to facilitate the necessary annual performance review is required and hence the purpose of this report. PROPOSAL/COMMENT Council’s performance review process for the last four years has involved:

- Appointment of a Panel - Independent Consultant appointed to facilitate the evaluation – (WALGA)

representative facilitates the Panel discussion, interviews elected members, provides a summary and facilitates discussion/agreement between the CEO and Panel

- Involvement of all Elected Members – participation in the questionnaire process


The first item requiring consideration by Council is the appointment of a “CEO Evaluation Panel” to oversee the process. The Panel will be involved in setting the timetable for the process i.e. consideration of the CEO’s Report on the 2008-09 Key Result Areas (KRAs), review of the questionnaire/inputs required to the process and setting the 2009-10 KRAs. Whilst the process is conducted under the auspices of the Mayor (whose role is to “liaise with the CEO on the Local Government’s affairs and the performance of its functions”) it has been agreed that evaluation of performance should require input from all elected members, either by questionnaire or phone interview. Over the past 3 years, membership of the Panel has been as follows: 2003 Review Mayor (Cr Reynolds) Dy. Mayor Munn Cr Hodges Cr Zelones Cr Tizard

2004-05 Review Mayor (Cr Reynolds) Dy. Mayor Munn Cr Tizard Cr Wallace Cr Hart

2006-07 Contract Panel Mayor (Cr Reynolds) Dy. Mayor Munn Cr Tizard Cr Hart Cr Wallace

2007-08 Review Mayor (Cr Reynolds) Dy Mayor, Cr Munn Cr Tizard Cr Scidone Cr Butterfield

It is proposed that the membership of the Panel be the Mayor, Deputy Mayor, Chair of City Strategy and two other Councillors. Further with regard to the independent facilitator to assist the Panel, it is suggested that the Executive Manager of WALGA’s Workplace Solutions, Mr John Phillips, be approached. CS67/6/08 RECOMMEND

That Council:- 1. appoint the following councillors to the “CEO Evaluation

Panel” • Mayor, Cr Reynolds • Deputy Mayor, Cr Munn • Chair of City Strategy Committee, Cr Tizard • Cr ………… • Cr …………

2. invite Mr John Phillips, Executive Manager Workplace

Solutions at WALGA to join the panel to provide independent facilitation and professional advisory services.

Moved Cr __________ Motion Carried/Lost (…..)


LATE ITEM 2009-10 ANNUAL BUDGET TIMETABLE A late item will be tabled on progress of the 2009-10 Budget and strategy towards its proposed adoption on 10 August 2009. COUNCILLORS’ ITEMS CHIEF EXECUTIVE OFFICER’S REPORT

MEETING DECLARED CLOSED AT ___________

CITY STRATEGY COMMITTEE

SUMMARY OF “A” ATTACHMENTS

16 JUNE 2009

Attachment

No. Subject Page

A-1 LIST OF ACCOUNTS PAID – MAY 2009

A-2

FINANCIAL STATEMENT – MAY 2009

A-3

CITY STRATEGY 20 Attachment “A-1” COMMITTEE – 16 JUNE 2009

CITY OF ARMADALE€¦ · OF CITY STRATEGY COMMITTEE TO BE HELD IN THE COMMITTEE ROOM,...

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