Meeting documents
Council
Thursday 17th May 2007
BATH AND NORTH EAST SOMERSET COUNCIL
MINUTES OF COUNCIL MEETING
Thursday 17th May 2007
PRESENT -: Councillors: Rob Appleyard, Sharon Ball, Tim Ball, Colin Barrett, Gabriel Batt, Cherry Beath, David Bellotti, Sarah Bevan, Marie Brewer, Loraine Morgan-Brinkhurst, John Bull, Neil Butters, Bryan Chalker, Anthony Clarke, Victor Clarke, Nicholas Coombes, Chris Cray, Paul Crossley, Gerry Curran, Colin Darracott, Sally Davis, Douglas Deacon, Ian Dewey, David Dixon, Armand Edwards,
Peter Edwards, Terry Gazzard, Charles Gerrish, Ian Gilchrist, Francine Haeberling, Alan Hale, Allan Hall, Malcolm Hanney, Nathan Hartley, David Hawkins, Steve Hedges, Lynda Hedges, Adrian Inker, Eleanor Jackson, Les Kew, Malcolm Lees, Barry Macrae, Richard Maybury, Shaun McGall, Marian McNeir, Bryan Organ, Carol Paradise, Vic Pritchard, Caroline Roberts, Nigel Roberts, Will Sandry, Brian Simmons, David Speirs, Shirley Steel, Roger Symonds, Martin Veal, Tim Warren, Chris Watt, Brian Webber, Brook Whelan, John Whittock, Stephen Willcox and Gordon Wood
Apologies for absence: Councillors Andrew Furse and Dine Romero
1 EMERGENCY EVACUATION PROCEDURE
The Chairman drew attention to the emergency evacuation procedure as set out on the Agenda.
2 ELECTION OF CHAIR(MAN)
It was proposed by Councillor Francine Haeberling; seconded by Councillor Paul Crossley and supported by Councillors Adrian Inker and Chris Cray and
RESOLVED That Councillor Ian Charles Dewey be elected Chairman of the Council for the Council Year 2007/08.
Councillor Dewey made and signed his Declaration of Acceptance of Office, received the Chain of Office from Councillor Loraine Morgan-Brinkhurst and addressed the Council.
FROM THIS STAGE OF THE PROCEEDINGS, COUNCILLOR IAN DEWEY AS CHAIRMAN PRESIDED AT THE MEETING.
3 APPOINTMENT OF VICE-CHAIR(MAN)
It was proposed by Councillor Marian McNeir; seconded by Councillor Les Kew and supported by Councillors Adrian Inker and Chris Cray and
RESOLVED That Councillor David Frank Bellotti be elected Vice-Chairman of the Council for the Council Year 2007/08.
Councillor Bellotti made and signed his Declaration of Acceptance of Office, received the Badge of Office from Councillor Dewey and thanked the Council for his appointment.
4 MINUTES
RESOLVED that the minutes of the meeting held on Thursday 29th March 2007 be confirmed as a correct record and be signed by the Chairman.
5 DECLARATIONS OF INTEREST
Interests were declared as follows:
Councillor Nicholas Coombes - personal non-prejudicial interest as student at Bath University in agenda item 10, Appointment of Committees and Panels, relating to the Student Liaison Committee.
Councillor Nicholas Coombes - personal non-prejudicial interest as employee of an architectural practice in Bath in agenda item 10, Appointment of Committees and Panels, relating to the Development Control Committee.
Councillor Armand Edwards - personal non-prejudicial interest as student at Bath University in agenda item 10, Appointment of Committees and Panels, relating to the Student Liaison Committee.
Councillor Marian McNeir - personal non-prejudicial interest as lecturer at Bath University and Council representative on the University of Bath Council in agenda item 10, Appointment of Committees and Panels, relating to the Student Liaison Committee.
Councillor David Hawkins - personal non-prejudicial interest as Council representative on the University of Bath Court in agenda item 10, Appointment of Committees and Panels, relating to the Student Liaison Committee.
6 ANNOUNCEMENTS FROM THE CHAIRMAN OF THE COUNCIL OR FROM THE CHIEF EXECUTIVE
Councillor Ian Dewey presented Councillor Loraine Morgan-Brinkhurst with her Past Chairman's Badge.
It was proposed by Councillor Paul Crossley, seconded by Councillor Adrian Inker and supported by Councillors Francine Haeberling and Chris Cray and
RESOLVED: That this Council places on record its appreciation of the services performed by Councillor Loraine Morgan-Brinkhurst in the office of Chairman of the Council for 2006/07.
Councillor Loraine Morgan-Brinkhurst addressed the Council and in so doing paid tribute to the support which Councillor Dewey had given both to her and to the Office of Vice Chairman over the previous Council Year and wished him well for his term of office as Chairman.
The Chairman:
1. Welcomed all Councillors elected on 3rd May 2007 to their first Council Meeting since the Election.
2. Thanked all the former Councillors who had stood down after the Election for their service to Bath and North East Somerset.
3. Thanked the past Chairman, Councillor Loraine Morgan-Brinkhurst for her service and her father, Mr Tony Morgan who had supported her at her official duties.
4. Indicated that he looked forward to co-operation from all sides of the Chamber in carrying out his duties as Chairman and thanked the Council in advance for their support. Councillor Dewey indicated that his preferred style of address was to be "Chairman". Councillor Dewey invited Members to stand when speaking at Council Meetings.
5. Indicated that the two Group Leaders had decided not to hold any 10 minute debate on matters brought forward under agenda items 11 and 12, given that there were no public or Councillor statements registered.
6. Informed the Council that he would announce a comfort break at 8pm (if the meeting did not appear likely to finish soon after).
At the conclusion of his Announcements the Chairman invited Councillor Francine Haeberling, Leader of the Conservative Group to make a statement. Councillor Haeberling paid tribute to Councillor Paul Crossley for his leadership of the Council Executive from 2003 to 2007 and thanked all the former Executive Members for their contributions.
7 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)
There were no items of urgent business.
8 APPOINTMENT OF LEADER, EXECUTIVE MEMBERS AND MEMBER CHAMPIONS FOR 2007/08 AND REPRESENTATIVES ON OUTSIDE BODIES (Report 9).
The Council considered a report on the appointment of the Leader, the Deputy Leader, the members of the Council Executive (known as the Cabinet) and Member Champions for the 2007/08 Council Year and representatives on outside bodies.
On a motion from Councillor Bryan Organ by Councillor Les Kew it was RESOLVED that:
1. Councillor Francine Haeberling be elected Leader of the Council for the Council Year ending with the Annual Meeting in May 2008.
2. Council confirms its wish to appoint a Deputy Leader and that Councillor Malcolm Hanney be so appointed for the Council Year ending with the Annual Meeting in May 2008.
On a motion from Councillor Francine Haeberling by Councillor Malcolm Hanney it was RESOLVED that:
3. The Council Executive be known as `the Cabinet' and comprise the Leader of the Council and 5 other Executive Councillors (to be known as Cabinet Members).
4. The following Councillors be appointed as Cabinet Members for the Council year ending with the Annual meeting in May 2008 to undertake the broad portfolio responsibilities shown in Appendix 1 to these minutes:
Councillor Francine Haeberling - Leader of the Council
Councillor Malcolm Hanney - Deputy Leader of the Council & Cabinet Member for Resources
Councillor Charles Gerrish - Customer Services
Councillor David Hawkins - Development and Major Projects
Councillor Chris Watt - Children's Services
Councillor Vic Pritchard - Adult Social Services and Housing5. The Leader of the Council, after consultation with the Chief Executive and the Deputy Leader of the Council, be authorised to make any amendments to the span or portfolio responsibilities considered necessary to secure affinity between Strategic Directors' and Portfolio responsibilities and that Council note and approve the change of title of the Strategic Director (Adult and Health Services) to Strategic Director (Adult Social Services and Housing).
6. That Council confirm its wish to appoint Member Champions for Older People, Children, Regulatory, Customer Access, Historic Buildings, Human Rights, Procurement, Design/Public Realm, Energy and Vulnerable People for the Council Year ending with the Annual Meeting in May 2008 and that the Solicitor to the Council be authorised to so appoint in proportions C 4: LD 4: Lab 1and Independent 1 and on the nomination of the Political Group Leaders.
7. That the Solicitor to the Council be authorised to make appointments to all outside bodies specified in Appendix 2 to these minutes following consultation with the relevant Cabinet Member and to all other outside bodies following consultation with political Group Leaders or their nominees in accordance with the following principles:
(a) That political proportionality should be taken into account in respect of the allocation of the total number of seats on outside bodies.
(b) That careful consideration should be given to the need for an appointment to be made, the suitability of any candidate and the appropriate term of office.
8. That Councillors Ian Dewey and Paul Crossley be appointed to the Joint Selection Committee for the Police Authority and that four Councillors on the nominations of the Leaders of the Conservative and Liberal Democrat Groups in proportion 2:2 be appointed to the Avon Fire Authority.
9. That Council notes the importance to the community of the proper management of the Bath Recreation Ground Trust and the urgent need to complete and take forward the strategic review. Council also notes that this significant responsibility is one that falls strictly and entirely to the Cabinet and that an appropriate way to discharge the responsibility is to continue with a three Cabinet member committee for this purpose. In order to avoid any undue delay until the first meeting of the Cabinet, Council delegates to the Chief Executive, in consultation with the Leaders of the Political Groups, the appointment of three Cabinet Members to form a Committee of the Cabinet to be known as the Bath Recreation Ground Trust with terms of reference as set out in appendix 3 to report 10 on the agenda.
10. That Council notes that a review of the arrangements for Project Boards is proposed and encourages the participation of relevant Councillors in their activity at the instigation and under the direction of the Cabinet Member with responsibility for each particular project.
11. That Council notes the intention of the Cabinet and individual Cabinet Members to be assisted by members of the Conservative Group in the performance of their duties. The identity and responsibilities of such assistants (to be known as `Associates') will be defined in writing by Cabinet Members and notified to interested parties. Associates will have no decision making powers and their role will primarily be to assist Cabinet Members in the research of policy, the dissemination of information and liaison with appropriate officers and outside bodies on the Cabinet Members' behalf. Such arrangements would carry no dedicated or specific allowance under any possible future modifications to the Council's Scheme of Allowances. Council and its officers and its Members are asked to note the intentions of the Cabinet and co-operate and assist in making such working arrangements effective.
(Note: The resolutions above were carried 39 voting in favour and none against with 24 abstentions.)
9 APPOINTMENT OF COMMITTEES AND PANELS AND OTHER ANNUAL BUSINESS (Report 10).
The Council considered a report on its decision-making structure for 2007/08 including the appointment of Overview and Scrutiny Panels, Regulatory Committees and other Member bodies.
On a motion from Councillor Francine Haeberling seconded by Councillor Malcolm Hanney it was RESOLVED that:
1. The structure of the Executive, non-Executive and Regulatory decision making bodies and Overview and Scrutiny Panels be as set out in Appendix 3 of the officer report, as amended by paragraphs 2 to 5 below.
2. That there be 5 Overview & Scrutiny Panels each with a membership of 7 Councillors with Broad Remits as set out inAppendix 3 to the minutes attached.
3. That the Solicitor to the Council, in consultation with the Chairs of Overview and Scrutiny Panels, be authorised to settle precise areas of responsibility consistent with the Broad Remits referred to above and such principles and protocols as may be agreed collectively by the Chairs of the Panels.
4. That the following Committees be not reconstituted for the reasons set out below :
4.1 Bath Area South Committee - it is not, at this stage, appropriate or viable to have area committees across all the Council's area and accordingly inappropriate to have only some of the Council's area represented in such a manner.
4.2 Development Control A and Development Control B Committees -
there is a clear need to ensure correct, timely and consistent
decisions and to have a single dedicated committee with trained and
supported Members. It is also necessary to ensure the correct
balance between decisions appropriate for Member decision and ones
that are properly dealt with by officers. Government clear guidance
is that the best way to ensure proper performance and decision
making is to have a single Committee (see also 16 below).
4.3 Restructuring (Implementation) Committee - work
completed.
4.4 Student Liaison Committee - the Leader and the Cabinet
Member with responsibilities for Children Services should be
responsible for effective liaison between the Council, students and
higher and further education management and thus the Committee is
not required.
5. The membership of the Licensing Committee be 10 rather than 12 and the quorum for Development Control Committee be 7 members out of a membership of 12.
6 The political proportionality set out in the revised version
of Appendix 2 to the officer report (attached as Appendix 4 to these
minutes) be adopted.
7. Subject to the amendments to be made resulting from the changes identified in paragraphs 2 to 5 above, the terms of reference of and the number of seats on Committees, Panels and Sub-Committees listed in Appendix 3 to the officerreport be approved and the bodies be constituted accordingly.
8. The appointment be approved of members to the Committees and Panels etc in accordance with the nominations made by the relevant Political Groups - with names to be notified to the Solicitor to the Council.
9. With regard to the election of Chairs to the Committees and Panels listed in Appendix 4 to these minutes, the under-mentioned nomination rights be allocated to the Political Groups shown and the nominations already made be noted as follows:
Committees
Avon Pensions Fund Committee - Conservative
Licensing Committee - Conservative
Regulatory (Access) Committee -Independent
Corporate Audit Committee - Conservative
Standards Committee - an independent co-opted member
Development Control Committee - Conservative
Employment Committee - Conservative
Licensing Sub-Committees - Conservative
Overview and Scrutiny Panels
2 Liberal Democrat (Resources and Stronger and Safer Communities) 2
Conservative (Children and Young People and Economic Development
and Enterprise) and I Labour (Healthier Communities and Older
People)
10. The Solicitor to the Council be authorised to fill any casual vacancies in membership of the bodies constituted and any vacancy in the office of Chair of such bodies in accordance with the wishes of the Political Group with nomination rights.
11. The existing dates and times of meetings as shown in the current Council diary projected to December 2007 be approved except that:
a) The number of Council meetings per year be four to be held in May, September, November and February with reserve dates as required; and
(b) Meetings of the Cabinet take place every eight weeks (with reserve dates every fourth week) at Bath (unless business to be conducted indicates an alternative venue would be more suitable) and that the meetings commence at 5pm.12. That the Solicitor to the Council be authorised in consultation with relevant Members to prepare provisional diary dates through to 2008.
13. The Solicitor to the Council be authorised to make and publicise any amendments to the Council's Constitution necessary as a result of decisions made by the Council on this and other reports to this Annual Meeting.
14. That Political Assistants be allocated to the Conservative and Liberal Democrat Groups and research support be made available to both other parties and the non-party Councillor.
15. That the non-party Member be appointed to the following committee:
Councillor Allan Hall - Stronger and Safer Communities Overview & Scrutiny Panel16. That the Assistant Director (Planning and Transportation) and the Solicitor to the Council be instructed to review (in consultation with Political Group Leaders or their nominees and interested parties including Parish and Town Councils) existing arrangements for the management of the development control decision making process and report back to the Council at the earliest possible opportunity with recommendations for change to achieve the objectives set out in paragraph 4.2 above, including reducing the total number of meetings and with the expectation that the single DC Committee will meet on a monthly basis.
(Notes: 1. An amendment from Councillor Nigel Roberts seconded by Councillor Steve Hedges to delete paragraph 4.1 above and substitute an instruction for an officer report to the next Council Meeting with proposals for Area Working across the whole Authority was not carried, 24 voting in favour and 39 voting against.
2. An amendment from Councillor Shaun McGall seconded by Councillor Marian McNeir to delete paragraph 4.4 above and therefore to reconstitute the Student Liaison Committee was not carried, 29 voting in favour, 33 voting against with 1 abstention.
3. An amendment from Councillor Paul Crossley seconded by Councillor Nigel Roberts to amend paragraph 9 above so as to provide for all O&S Panels to be chaired by Councillors from Political Groups outside the Cabinet was not carried, 24 voting in favour, 33 against with 6 abstentions.)
10 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM THE PUBLIC
There were no submissions from members of the public.
11 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM COUNCILLORS
There were two questions from Members of the Council as listed in Appendix 5 to these minutes. The questions asked and answers given are held on file in the minute book and published on the Council's website.
12 ADOPTION OF A NEW CODE OF CONDUCT FOR COUNCILLORS AND CO-OPTED AND INDEPENDENT MEMBERS (Report 13).
The Council considered a report on the proposed adoption of a revised Code of Conduct for Elected Councillors and Co-opted and Independent Members following the publication of a revised Model Code which came into force on 3rd May 2007.
On a motion from Councillor Francine Haeberling seconded by Councillor Adrian Inker it was RESOLVED that the Council adopts the Code of Conduct for Members and the General Principles of Standards in Public Life, as a preamble to the Code, as set out in this report.
The meeting ended at 7.53pm
Chairman
Date Confirmed and Signed
Prepared by Democratic Services