Meeting documents

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda

RESOLVED That Councillor Del Herod (Labour) be elected Chairman of the Council for the Council Year 2002/03.

RESOLVED That Councillor Leslie Kew (Conservative) be appointed Vice Chairman of the Council for the Council Year 2002/03.

RESOLVED that the minutes of the meeting held on Thursday 11th April 2002 be confirmed as a correct record and signed by the Chair(person), subject to the mover and seconder of the unsuccessful amendments on the Constitution being recorded.

Councillor Tom Rees-Mogg declared a prejudicial interest in the item on the Replacement Structure Plan.

Councillor Malcolm Hanney declared a personal interest in agenda items 14 (Local Strategic Partnership) and 15 (Replacement Structure Plan) by virtue respectively of being Chair of the B&NES Primary Care Trust and Vice Chair of the South West Regional Assembly.

The Chairman expressed the regret of the Council at the sudden death of Councillor Wahid Chowdhury. Councillors Paul Crossley, Matt Davis, Francine Haeberling and Phyllis Gay all paid tribute to Councillor Chowdhury and expressed their condolences to his family and to his political group colleagues.

There was no urgent business

Mr Rae Harris asked a question about the Council's new working arrangements.

Councillor John Bailey asked questions about Bathwick St Mary's School, Bath, the priority for major schemes, the funding of job creation schemes and the need for an overview and scrutiny panel to look at major traffic and road schemes.

Councillor Adrian Inker asked a question about the installation of a pedestrian crossing on Wellsway, Keynsham.

Councillor Ian Dewey asked questions about the timing of the Bath Spa Project, the cost to the Council of implementing the Chancellor's new National Insurance proposals for employers, progress on the Bathford Footbridge scheme and road maintenance schemes.

All of these questions were printed and circulated in advance with prepared answers.

The question from Councillor Bailey about an overview and scrutiny panel looking at traffic schemes sought a response from Group Leaders. The Leaders did not have anything to add to the circulated factual reply.

Councillor Bailey exercised his right to a supplementary question and referred to the best value review report on transport as evidence that this should be a priority matter for overview and scrutiny to examine.

Statement were made by Ms Mary Young and Ms Kat Ashton about the Local Strategic Partnership. The points raised were considered when the Council considered the relevant agenda item which was advanced in the order of business and taken at this point in the proceedings. The issue is recorded at minute no.13 below.

This item was taken immediately after the report 12.

(1) notes that the Council Executive is not a Committee of the Council for the purposes of satisfying the proportional allocation of committee seats;

(2) determines that nine councillors shall be elected to serve on the Council Executive;

(3) agrees that any consequent changes be made to Appendix 2 of the Constitution to reflect the agreed number and allocation of committee places;

(4) elects all members of each political group as substitutes for the seats allocated to that political group on each committee, provided such substitution does not breach any provision of the Council's Constitution;

(5) with regard to the Development Control Committee, recommends to political groups that only the members of that Committee, together with a further small number of named members nominated by the political groups who have experience of and/or have received training in, planning matters should act on or as substitutes on that Committee, and on or as substitutes on its Development Control Sub Committee;

(6) approves the draft diary of meetings at Appendix 1 and that any necessary changes to the diary be agreed by the Chief Executive after consultation with the Leaders from the three largest political groups.

(7) appoints members to committee seats on the basis of names circulated at the meeting (or notified subsequently to the Democratic Services Manager). The list of memberships is attached as an appendix to these minutes (minute book copy)

On the motion of Councillor Paul Crossley, seconded by Councillor Mike Kelleher, it was

RESOLVED That

(8) the allocation of seats on "main" committees (as defined in legislation) be as set out in paragraph 6.5 of the report; and that the Housing, Social Services and Community Safety Oveview and Scrutiny Panel should be designated as the panel with a 2:2:2:1 membership;

On the motion of Councillor Roger Symonds, seconded by Councillor Mike Kelleher, it was RESOLVED That

(9) Councillor Paul Crossley be elected to the office of Leader of the Council;

On the motion of Councillor Paul Crossley, seconded by Councillor Mike Kelleher, it was RESOLVED That

(10) Following its decision on 11^th April 2002 to allocate portfolios of responsibilities to Executive Councillors (i.e. those serving on the Council Executive) on the indicative basis agreed at that meeting, the appointment of the following councillors to each of the following portfolio of responsibilities within the Council Executive be agreed:

Cllr. Peter Metcalfe Transportation and Planning Policy

Cllr. Gerry Curran Education

Cllr. Jane Tapper Social Services

This item was taken before agenda item 11.

It was moved by Councillor Matt Davis, seconded by Councillor Crossley and

RESOLVED That

(1) The following amendments to the Constitution be approved:

(a)`In respect of references to decisions made outside the policy and budget framework, replacement of the word "outside" with the words "contrary to" at Part 1 (subsection headed `How Decisions are Made') page 8, Part 4C Rule 3 page 60, Part 4C Rule 4 page 60, Part 4C Rule 5 page 60, Part 4C Rule 8 page 64 and elsewhere in the Constitution;

(15) the Chief Executive be instructed, in consultation with the Leader of Council and the Monitoring Officer to produce clear guidance for all members by September, 2002 on the operation of single member working based on the draft approved at the Council meeting on 11^th April, 2002 amended by issues arising from practical experience.

(Note: Re item 1 (b) above, it was agreed that if necessary because of timing, an oral report might need to be given at a Council meeting following a change to the policy framework made under the exception procedures which could not be processed in time for the despatch of the Council agenda.)

On the motion of Councillor Francine Haeberling, seconded by Councillor Gitte Dawson, it was

RESOLVED That

(1) The draft Overview and Scrutiny workplan for 2002/03 be approved;

(2) The Overview and Scrutiny Management Board be instructed to manage the implementation of the workplan in accordance with the previous Council resolution to manage the phasing-in of the overview and scrutiny process on a timescale (no later than September, 2002) to match the availability of adequate supporting resources, and to keep this under review;

(3) The Overview and Scrutiny Management Board be delegated the choice of the 4 in-depth reviews to be undertaken in 2002/03 of which not less than 3 should be drawn from the shortlist contained within the draft workplan.

(Note: Councillor John Bailey unsuccessfully moved an amendment (seconded by Councillor Pritchard) to make highways/traffic schemes a high priority for review within the workplan - in the light of the Best value Transport Review Report)

Members noted the contributions made by public speakers Mary Young and Kat Ashton on this matter.

It was moved by Councillor Roger Symonds, seconded by Councillor Haeberling and

RESOLVED that

(1) the Council confirms its commitment to playing a key role in developing an effective Local Strategic Partnership for B&NES (LSP)

(2) the LSP proposals put forward by the Pre-Partnership Group and set out in Appendix 1 to the report be adopted as the basis for the development of an LSP for B&NES,

(3) those organisations set out in 3.7, 3.8 and 3.9 of Appendix 1 be invited to form the B&NES LSP and nominate representatives to sit on it;

(4) the Council representation on the Local Strategic Partnership be the Leader of the Council;

(5) Officers of the Council convene the first meeting of the LSP

(6) The LSP be invited to consider a draft constitution at its first meeting

(7) a further partnership progress report be brought to Council within 6 months (Note: the report recommended 12 months - Councillor Metcalfe successfully proposed the change)

(8) the members of the Pre-Partnership be thanked for their work

On the motions of Councillor Jim Lingard, seconded by Councillor Peter Metcalfe, it was

RESOLVED That

(1) there are no matters affecting the consideration of the Further Proposed Modifications that ought to be examined at a re-opened Examination in Public (E.I.P), and therefore that it is not necessary to re-open the E.I.P in connection with all or any of the objections made to the Further Proposed Modifications to Policy 33 for the reasons summarised in this report and set out in full in the report to the Joint Committee at its meeting of 7^th March 2002 and as set out under Appendices 1 and 2 to that report;

(2) proposals for the replacement of the "Avon County Structure Plan incorporating Third Alteration" by the "Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire Joint Replacement Structure Plan" (incorporating Policies as Intended to be Adopted as agreed by the Joint Committee on 3 February 2000, as modified by the Further Proposed Modifications to Policy 33 incorporating changes agreed by the Joint Committee on 7^th March 2002) be adopted as soon as statutory requirements provide;

(3) the Joint Committee, acting through the Director of the Joint Strategic Planning and Transportation Unit, be authorised to undertake on Bath & North East Somerset Council's behalf all requisite legal procedures, including local advertisement and notification of objectors, required by the "Town and Country Planning (Development Plan) (England) Regulations 1999", and publication of the statutory notice of the intention to adopt the Joint Replacement Structure Plan after 28 days, and the subsequent statutory notice of adoption, and all other action necessary to give effect to this and (1) above; and

(4) the Joint Committee, acting through the Director of the Joint Strategic Planning and Transportation Unit, be authorised to advise the Secretary of State that, in response to his Direction issued on 27 July 2000, all relevant issues raised by the Government Office for the South West and objectors have been carefully considered, with special reference to sustainability, local transport and social infrastructure, employment and public consultation, and that the Constituent Authorities are satisfied that the housing supply will be adequate during the Plan period pending a review of the Joint Replacement Structure Plan; and, taking the above factors into account, that it is considered that there are no matters affecting the Further Proposed Modifications that ought to be examined in public.

AT THE CONCLUSION OF THE COUNCIL'S BUSINESS, THERE WAS A FORMAL MEETING OF THE DEVELOPMENT CONTROL COMMITTEE. THE PURPOSE OF THIS MEETING WAS TO ELECT MEMBERS TO SERVE ON ITS TWO DEVELOPMENT CONTROL SUB COMMITTEES, THUS ENSURING NO DELAY IN THE PROCESSING OF THIS FUNCTION AT MEMBER LEVEL.