Meeting documents

Annual Council
Wednesday, 16 May 2012

annual council

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Wednesday 16 May 2012 from 7:00 pm to 9:14 pm.

Present: Councillor Pat Sandle (Mayor), Councillors Barnicott, Sylvia Bennett, Bobbin, Monique Bonney, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Adrian Crowther, Duncan Dewar-Whalley, Mark Ellen, June Garrad, Nicholas Hampshire, Harrison, Mike Haywood, Mike Henderson, Lesley Ingham, Gerry Lewin, Peter Marchington, Martin McCusker, Prescott, Gareth Randall, David Sargent, David Simmons, Ben Stokes, Adam Tolhurst, Roger Truelove, Anita Walker, Ghlin Whelan, Mike Whiting, Ted Wilcox, Nick Williams, Alan Willicombe, Jean Willicombe, Worrall and John Wright.

Officers Present: Katherine Bescoby, Derek Johnson, Abdool Kara and Mark Radford.

Apologies: Councillors Jackie Constable, Mick Constable, Ed Gent, Sue Gent, John Morris, Bryan Mulhern, Ken Pugh and Tony Winckless.

9  

prayers

The Mayor's Chaplain said Prayers.

The Mayor thanked everyone who attended or sent apologies for Mayor Making the previous evening.

 
10  

minutes

The Minutes of the Meeting held on 22 February 2012 (Minute Nos. 550 - 564) were taken as read, approved and signed by the Chairman as a correct record.

In respect of the election of Mayor and Deputy Mayor, Councillor David Simmons proposed a vote of thanks to the retiring Deputy Mayor, Councillor George Bobbin, and spoke of the dignity in which he had acted as Deputy Mayor. This was seconded by Councillor Truelove.

 
11  

declarations of interest

No interests were declared.

 
12  

cabinet membership for 2012/13

The Leader outlined his appointments to the Cabinet and their portfolios for the year ahead. There was some discussion regarding the size of the Cabinet and the Strong Leader model. The Leader advised that he was happy to discuss the suggestion that the Council should revert to the Committee system.

RESOLVED:

(1) That the arrangements be noted.
 
13  

the localism act 2011 - the amended standards regime

The Leader introduced the report on the new arrangements, which had been discussed previously by the Standards Committee and the General Purposes Committee, and moved the proposal. This was seconded by Councillor Gerry Lewin.

The Corporate Services Director/Monitoring Officer answered Members' questions regarding the arrangements, in particular on parish council representation and voting rights; the provision of reports to the Hearings Panel; and the composition of the interview panel for the selection of an Independent Person.

The Leader agreed to include an amendment to reflect that all Members on the Hearings Panel would receive a copy of the report.

RESOLVED:

(1) That the recommendations of the General Purposes Committee be adopted by Council, including the adoption of the new Code of Conduct as set out in Appendix 1 of the report, subject to an amendment to reflect that all Members on the Hearings Panel will receive a copy of the Monitoring Officer's report.
 
14  

political balance, committees, terms of reference and appointments to committees for 2012/13

The Leader introduced the report and advised of some updates in respect of membership of the Audit Committee (Councillors John Coulter and Peter Marchington to be added) and the General Licensing Committee (Councillors June Garrad and Anita Walker to be added).

The Leader of the Labour Group drew attention to the change in Chairmanship of the Scrutiny Committee and advised that Councillor Whelan would be Chief Labour Whip.

In respect of the terms of reference of the General Licensing Committee, a Member reported the views of another Member regarding the need for the Committee to make recommendations to Council. The Director of Corporate Services suggested that this was considered at a future meeting.

In response to a further question, the Mayor advised that she was confident she would be able to undertake the roles on Committees as well as Mayor.

RESOLVED:

(1) That the political balance calculation as set out in Appendix I to the report be agreed.

(2) That the Council agrees to establish the Committees with terms of reference as set out in Appendix II to the report, for the 2012/13 municipal year.

(3) That the appointments to those Committees be as set out in Appendix III, subject to the addition of Councillors John Coulter and Peter Marchington to the Audit Committee; and the addition of Councillors June Garrad and Anita Walker to the General Licensing Committee.

(4) That the Chairmen and Vice-Chairmen of those Committees be as set out in Appendix IV.
 
15  

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

The Leader introduced the report, referring to the fact that some appointments would be made by the Cabinet.

The Leader referred to the request for a nomination to Diversity House for a trustee. As this was a trustee appointment, there was some discussion about the obligations of this role, in particular the personal liability, and attention was drawn to the legal advice previously provided, as attached to the report. The Leader proposed that no appointment should be made. This was seconded by Councillor Gerry Lewin and on being put to the vote, was agreed.

The Leader proposed all of the appointments in the report where there was the same number of nominations as seats, and advised that the Oare Gunpowder works would accept four nominations. This was seconded by Councillor Gerry Lewin and on being put to the vote, was agreed.

The Leader then proposed that Councillor Prescott be nominated to the Kent Downs AONB, which was seconded by Councillor Gerry Lewin. Councillor Mike Henderson proposed that Councillor Monique Bonney be nominated, which was seconded by Councillor Worrall. Upon being put to the vote, the nomination for Councillor Prescott was agreed.

There was some discussion regarding the content of the reports and whether non-Borough Council appointees had submitted reports. The Leader advised that he intended to discuss the submission of reports.

There was some discussion about whether formal appointments should be made to groups such as those set up for neighbourhood plans and it was suggested that guidance should be given to Members regarding their involvement in such groups.

RESOLVED:

(1) That the appointments to outside bodies, trusts administered by Swale Borough Council and statutory bodies be agreed subject to the following amendments:-
(i) that no nomination is made to Diversity House;
(ii) that Councillor Prescott is nominated to the Kent Downs AONB.
 
16  

adoption of timetable of meetings for 2012/13

The Leader introduced the report, which set out the timetable of meetings for the year ahead. In doing so, he advised that there was a mistake in that the date of the Rural Forum in May 2013 needed to change to avoid a clash with the Planning Committee on the same evening. He also advised that he had received some representations from Members regarding the proposed date of the Planning Committee in June 2012, and advised that he was happy for this to be moved back to the Thursday evening.

A discussion ensued regarding the proposed Planning Committee date in June, where Members expressed strong views to keep the meeting on the Thursday evening. The Leader of the Labour Group advised that the dates for the Labour Group meetings had altered to that shown on the timetable.

RESOLVED:

(1) That the programme of meetings as set out in Appendix I to the report be agreed subject to:-
(i) the Planning Committee meeting being changed to Thursday 21 June 2012;
(ii) a new date to be selected for the Rural Forum in May 2013.
 
17  

officer delegations

The Leader introduced the report which asked the Council to agree the Officer Delegations, and proposed the recommendations. This was seconded by Councillor Gerry Lewin.

RESOLVED:

(1) That the Council agrees the Officer Delegations for the forthcoming municipal year 2012/13.
 
18  

corporate plan

The Leader introduced the report which had been subject to much consultation and consideration by the Cabinet. Members were invited to ask questions on the introduction and each of the three corporate priorities.

Introduction

A Member welcomed the corporate plan; however, he asked whether, with the level of partnership working in place, there was transparency and the right focus, and whether the right outcomes were being achieved? He suggested that there should be three year goals to monitor this.

A Member referred to appendix I, page 9, and advised that he was concerned about the schools in his ward and levels of high child poverty. He asked what was being done to address this? The Leader referred to the Borough Strategy and drew attention to the KCC Education Member Briefings which Members were welcome to attend. A Member, who was also a KCC Cabinet Member, advised that those schools were improving fast.

Embracing Localism

The Leader responded to questions regarding the establishment of parish councils in unparished areas; neighbourhood plans; the prospectus; the Locality Board; and secondment opportunities.

In respect of forming new parish councils, the Leader confirmed that there was a set procedure (community governance review) which included consultation with the public, and there would be further debate about the process in due course. In respect of neighbourhood plans, the intention was to try to free up Officer time to help those parishes that wished to develop such plans. A draft of the prospectus was set out as an appendix to the report. The Locality Board was in its early stages and was developing, so improvements could be made. In respect of secondment opportunities, the Leader considered that this was necessary in times of austerity.

Open for Business

A Member considered that there was too much reliance on 'big hits' and that attention should be given to growing small/medium size business and developing a micro-economy. In addition, there should be a focus on educating employers, rather than just focusing on the skills of employees. Another Member referred to the number of jobs likely to be generated in the area from 'big hits' and advised that the figure was much lower than what was originally envisaged. Positive examples of what the Council was doing, such as supporting neighbourhood planning, working with local businesses and the apprenticeship scheme, were given. Another Member suggested that the document should refer to the importance of commuters who spent their money in the Borough.

In responding, the Leader referred to the time spent by the Cabinet Member for Regeneration with small businesses; that it was for the Planning Committee to consider planning applications; and that there was much work undertaken by the Cabinet Member and Officers.

Healthy Environment

In response to a question regarding the Health and Well Being Board, the Leader considered that it could be more effective. In respect of a question regarding wildlife and biodiversity, the Leader reiterated that he was a strong advocate for environmental matters.

RESOLVED:

(1) That the revised Corporate Plan be agreed.

(2) That delegated authority be given to the Chief Executive, in consultation with the Leader, to agree any final amendments.

(3) That delegated authority be given to the Chief Executive, in consultation with the Cabinet Member for Performance, to update the performance monitoring framework.
 
19  

borough strategy

The Leader introduced the report and proposed the recommendation in the report. This was seconded by Councillor Gerry Lewin.

RESOLVED:

(1) That the Council endorses the Swale Locality Board's updated Borough Strategy.
 
20  

certification of claims and returns - annual report

The Chairman of the Audit Committee introduced the report, and advised that the Audit Commission had highlighted the improvement in the Council's performance. He thanked the Leader, the Cabinet Members for Finance and Performance, the Head of Finance, Head of Internal Audit and the Audit Committee for their work to achieve this.

RESOLVED:

(1) That the report be noted.
 
21  

recommendations for approval

 
 

(i) standards committee - 21 february 2012

RESOLVED:

(1) That the recommendations in Minute No. 549 be noted, as this had been considered earlier in the meeting.
 
 

(ii) audit committee - 8 march 2012

RESOLVED:

(1) That the recommendations in Minute No. 581 be noted, as this had been considered earlier in the meeting.
 
 

(iii) cabinet - 18 april 2012

RESOLVED:

(1) That the recommendations in Minute No. 657 be noted, as this had been considered earlier in the meeting.
 
 

(iv) general purposes committee - 1 may 2012

RESOLVED:

(1) That the recommendations in Minute No. 679 be noted, as this had been considered earlier in the meeting.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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