Meeting documents

Annual Council
Wednesday, 19 May 2010

annual council

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Wednesday 19 May 2010 from 7:00 pm to 8:41 pm.

Present: Councillor Worrall (Mayor), Councillor Ben Stokes (Deputy Mayor), Councillors Mark Baldock, Dave Banks, Barnicott, George Bobbin, Monique Bonney, Andy Booth, Lloyd Bowen, Bowles, Jackie Constable, Mick Constable, Adrian Crowther, Richard Darby, Duncan Dewar-Whalley, Trevor Fentiman, Chris Foulds, Ed Gent, Sue Gent, Nicholas Hampshire, Harrison, Mike Haywood, Lesley Ingham, Gerry Lewin, Elvina Lowe, John Morris, Bryan Mulhern, Prescott, Kenneth Pugh, Gareth Randall, Patricia Sandle, David Simmons, Brenda Simpson, Paul Sturdgess, Adam Tolhurst, Roger Truelove, Anita Walker, Ghlin Whelan, Ted Wilcox, Nick Williams, Alan Willicombe, Jean Willicombe and John Wright.

Officers Present: Katherine Bescoby, Monica Blades-Chase, Eric Fisher, Abdool Kara and Mark Radford.

Apologies: Councillors Derek Conway, Mike Cosgrove, and Mike Henderson.

12  

prayers

The Mayor welcomed his Chaplain, Reverend Peter Welsh of Sheerness United Reform Church to the meeting. The Mayor's Chaplain opened the meeting with Prayers.

 
13  

welcome

The Mayor welcomed new and returning Members to the meeting.

 
14  

minutes

The Minutes of the Meetings held on 24th February 2010 (737 - 757), and the Extraordinary Meetings held on 10th March (Minute Nos.798 - 800) and 18th March 2010 (Minutes Nos. 849 - 852) were taken as read, approved and signed by the Chairman as a correct record.

 
15  

declarations of interest

No interests were declared.

 
16  

borough council elections - 6th may 2010

The Council considered the report of the Returning Officer which set out the results of the Borough Council Elections held on 6th May 2010.
It was confirmed that the figures for the Labour and Liberal Democrat Groups had been transposed in the summary of the election results.

RESOLVED:

(1) That the report be noted.
 
17  

election of council leader, deputy leader and the executive members for 2010/2011

Councillor Bowles proposed the recommendations in the report, which set out the nominations for Leader, Deputy Leader and the Executive Members for 2010/11. An update to the terms of reference of the Executive Members was tabled at the meeting. There was some discussion regarding the increase in the size of the Executive and whether this would require a supplementary estimate in respect of Members Allowances.

RESOLVED:

(1) That Councillor Bowles be elected as Leader for the 2010/2011 municipal year.

(2) That the following Councillors be elected to the Executive for the 2010/2011 municipal year:
Deputy Leader and Executive Member for Sustainable Planning – Councillor Gerry Lewin
Executive Member for Housing – Councillor Mark Baldock
Executive Member for Performance and Total Place – Councillor Mike Cosgrove
Executive Member for Finance and Budget Management – Councillor Duncan Dewar-Whalley
Executive Member for Health – Councillor Leslie Ingham
Executive Member for Safer and Stronger Communities – Councillor John Morris
Executive Member for Culture – Councillor Bryan Mulhern
Executive Member for Environment and Rural Affairs – Councillor David Simmons
Executive Member for Regeneration including Learning and Skills – Councillor John Wright


(3) That the terms of reference for the portfolios be agreed, as amended by the tabled paper at the meeting.
 
18  

establishment of committees and their terms of reference

The report set out proposals for establishing a Licensing Act 2003 Committee; re-establishing the existing Committees as detailed in the Constitution; and the establishment of a General Licensing Committee. The report also advised of consequential amendments to the Constitution, and of the plans in place to review the terms of reference and rules of procedure in relation to the Standards Committee.

RESOLVED:

(1) That a Licensing Act 2003 Committee be established which will be politically balanced and comprise of 15 Members, with terms of reference as set out in paragraph 2.4 of the report.

(2) That the Committees as set out in paragraph 2.2 of the report be established for the municipal year, with terms of reference as set out in Part 3 section 2 of the Constitution, subject to any amendments.

(3) That a General Licensing Committee be established comprising of 10 Members, with terms of reference to deal with non Licensing Act 2003 functions.

(4) That amendments to the Constitution resulting from the revised establishment of Committees as set out in paragraphs 2.2 and 2.4 be agreed.

(5) That it be noted that the terms of reference and rules of procedure for the Standards Committee will be reviewed to include the local filter and that a report will be considered by the Standards Committee on 14th July 2010 with a view to the amendments being submitted to Council on 21st July 2010 for approval.
 
19  

allocation of committee seats and committee appointments for 2010/11

The report set out the political balance calculation, based on the establishment of the Committees agreed in the above Minute. A paper was tabled which set out the Group's appointment of Members to the seats on those Committees. The report also set out the proposals for the Chairmen and Vice-Chairmen of those Committees; and advised of the current position regarding the Independent Standards Committee Members on the Standards Committee.

In proposing the recommendations, the Leader put forward nominations for the Chairmen and Vice-Chairmen of the Appointments Committee and General Purposes Committee, and advised of his nominations for Chairman and Vice-Chairman of the Rural Forum. Group Leaders also advised of their nominations for Planning Committee Spokespersons, and Scrutiny Committee Chairmen.

There was some discussion regarding availability of attendance statistics and what was included within them; what training was mandatory for Members; and whether such training sessions were held at a convenient time for Members to attend. The Chief Executive advised that this would be discussed at the next Group Leaders meeting.

RESOLVED:

(1) That the allocation of seats to Committees be approved.

(2) That the allocation of seats on those Committees, as tabled at the meeting, be approved subject to an update to the Planning Committee membership to reflect that Councillors Mike Henderson and Mick Constable are the Spokespersons for their respective Groups on the Planning Committee.

(3) That the Chairmen and Vice-Chairmen of Committees as set out in Appendix II be approved, subject to amendments to reflect that
Councillor Bowles is the Chairman of the Appointments Committee and General Purposes Committee; with Councillor Gerry Lewin as the Vice- Chairman.
Councillor Adam Tolhurst is the Chairman of the Scrutiny Committee and Councillor Mike Haywood is the Chairman of the Policy Overview Committee.
Councillor David Simmons and Councillor Ben Stokes will be nominated as the Chairman and Vice-Chairman respectively of the Swale Rural Forum.


(4) That the terms of office of the Independent Standards Committee Members be noted and that the Council commences a recruitment campaign with a view to appointing two Independent Members in July 2010.

(5) That it be agreed that the Standards Committee be given delegated authority, if necessary, to temporarily appoint one Independent Member from another district Council as an interim measure.
 
20  

borough council representation on outside bodies, trusts administered by swale borough council and statutory bodies

The report advised of the outside bodies, trusts and statutory bodies that the Council made nominations to, and advised that there would be a review of the approach to making those appointments as part of the Third Sector Strategy and Constitution Review in the coming year. Attention was drawn to the report which advised of the nominations made by the Executive.

The Chief Executive referred to the requirement of the Selection and Special Purposes Committee on 1st February 2000 for Members to produce an annual report and that there would be additional guidance provided to Members about the legal obligations of their appointments.

The Leader proposed the recommendations made by the Executive, with an update in respect of the Faversham Swimming Pools Management Committee and the Murston Early Years Project Management Committee.

There was some discussion regarding the requirement for Members to submit an annual report, and the consequences of not doing this. After debate it was agreed that a list of those Councillors who had not submitted a report would be considered by the Group Leaders and a further report would be considered at the next Council meeting.

RESOLVED:

(1) That the appointments to outside bodies, trusts administered by Swale Borough Council and statutory bodies be as set out in the 'to follow' report be approved subject to
the nominations to the Faversham Swimming Pools Management Committee being Councillors Barnicott, Bobbin, Baldock, Fentiman, Mulhern and Prescott;
the nominations to the Murston Early Years Project Management Committee being Councillors Banks and Ed Gent.
further discussion at the Group Leaders' meeting with a further report back to the next Council meeting.


(2) That the Council agrees to a review of the process of appointments of Borough Councillors to outside bodies, as proposed within the draft Third Sector Strategy review, to be completed by May 2011.
 
21  

adoption of timetable of meetings for 2010/11

The report set out a proposed timetable of Meetings for 2010/2011. The Leader advised of three updates to the timetable of Meetings which were agreed.

RESOLVED:

(1) That the timetable of Meetings be agreed subject to amendments to move (a) the LDF Panel meeting date on 17th June to 22nd June; (b) the Swale Rural Forum meeting date on 22nd June to 17th June; and (c) the LDF Panel meeting date on 16th December to 25th November 2010.
 
22  

fees and charges 2010/11

The report asked the Council to agree the fees and charges to be levied in the financial year 2010/2011 and set out background information regarding the proposals. The report also advised that there would be a fundamental review of fees and charges in 2010/2011.

The Executive Member for Finance and Budget Management outlined and report and undertook to answer Members questions regarding the playgroup charge for King George V Playing Field Pavilion Hall/Tea Room - Sittingbourne; the Sittingbourne Long Stay Car Park; and the Alexander Centre.

RESOLVED:

(1) That the fees and charges to be levied in the financial year 2010/2011 as set out in the report be agreed.

(2) That the Cross Street Car Park in Sheerness be changed from a short stay to a long stay car park.

(3) That it be agreed that in response to changes in local circumstances, any change of fees and charges to specific halls be delegated to the Executive Member for Finance and Budget Management, in consultation with the Head of Finance.
 
23  

adoption of recommendations

 
 

audit committee – 10th march 2010

RESOLVED:

(1) That the recommendations in Minute Nos. 803, 804, 805, 806, 807 and 808 be approved.
 
 

licensing committee – 16th march 2010

RESOLVED:

(1) That the recommendation in Minute No. 832 be approved.
 
 

executive – 17th march 2010

In respect of 841 (4) Members asked that an evening option was available for the training.

RESOLVED:

(1) That the recommendations in Minute Nos. 840, 841, 842, 843 and 844 be approved.
 
 

executive – 12th may 2010

The Leader advised that the recommendations should be noted as the subject of Minute Nos. 921, 922, 923 and 924 had been considered earlier in the meeting.

RESOLVED:

(1) That the recommendations in Minute Nos. 921, 922, 923 and 924 be noted.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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