Meeting documentation

Meeting documents

Council
Tuesday, 21st May, 2013 6.30 pm

ItemDescriptionResolution
Prayers.

Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors G Allman, A Bridges and J Bridges.
 
2 DECLARATION OF INTERESTS
There were no interests declared.
 
3 ADMISSION OF ADDITIONAL ITEM
RESOLVED THAT:

By reason of special circumstance, in that an additional item needed to be considered before the next meeting of the Council, the item entitled "Appointment of Leader" be considered at this meeting as a matter of urgency in accordance with Section 100B(4)(B) of the Local Government Act 1972.
4 APPOINTMENT OF CHAIRMAN
Councillor M Specht said a few words regarding his year as Chairman of the Council. He stated that it had been a sensational year and a privilege and he thanked all those who had had the confidence to elect him as Chairman. He added that one of his main objectives was to raise money for his chosen charities, which had been quite successful and money was still coming in. He announced that Councillor D De Lacy was completing a cycle ride and had kindly decided to donate the monies raised to the Chairman's chosen charities.

The Chairman said a few words on behalf of the Deputy Chairman who had recently lost his wife. Through the Chairman, the Deputy Chairman thanked friends and colleagues for their support and letters of condolence. He also thanked all those who had attended the funeral.

Nominations were sought for the Chairman for the ensuing municipal year.

It was moved by Councillor R Blunt that Councillor G Jones be appointed as Chairman of the Council for 2013/2014. He stated the Councillor G Jones shared respect and friendship with all Members and would make one of the finest Chairmen.

The motion was seconded by Councillor A Smith. She stated that Councillor G Jones had done a sterling job as Mayor of Ashby Town Council.

Upon being put to the vote it was
RESOLVED THAT:

Councillor G Jones be appointed Chairman of the Council for 2013/2014.

Councillor G Jones then took the Chair and the retiring Chairman invested him with the Chain of Office. The Chairman signed the Declaration of Acceptance of Office.

The Chairman thanked Members for their kind words and for electing him as Chairman. He stated that he was following in some very illustrious footsteps and he hoped he would not disappoint.

The Chairman announced that his nominated charity was the Burton Breast Care Unit Scanner Appeal.

The Chairman presented Councillor M Specht with his past Chairman's badge and proposed a vote of thanks to the retiring Chairman.
5 APPOINTMENT OF DEPUTY CHAIRMAN
It was moved by Councillor R Blunt, seconded by Councillor A Smith and
RESOLVED THAT:

Councillor G Allman be appointed as Deputy Chairman of the Council for 2013/2014.

The Chairman announced that unfortunately Councillor G Allman was not able to be present at the meeting to formally accept his appointment as Deputy Chairman, however he would sign his declaration of acceptance of office at the first opportunity.
6 APPOINTMENT OF LEADER
It was moved by Councillor T Gillard, seconded by Councillor A Smith and
RESOLVED THAT:

Councillor R Blunt be appointed as the Leader of the Council for 2013/2014.
7 CHAIRMAN'S ANNOUNCEMENTS
The Chairman stated that he hoped his nominated charity would gain the support of all Members.

The Chairman welcomed the representatives of the new Tenants Scrutiny Panel who were in attendance to observe the operation of Full Council. He invited all Members to join him in thanking them for their considerable voluntary contribution to this new group, and in looking forward to considering the results of their findings as they scrutinise the Housing Service over the years ahead.
 
8 LEADER'S AND PORTFOLIO HOLDERS' ANNOUNCEMENTS
The Leader of the Council, Councillor R Blunt announced the appointments and delegations of executive functions for the forthcoming municipal year as follows:

Deputy Leader and Community Services Portfolio Holder - Councillor Alison Smith

Housing Portfolio Holder - Councillor Roger Bayliss

Regeneration and Planning Portfolio Holder - Councillor Trevor Pendleton

Corporate Portfolio Holder - Councillor Nick Rushton

Business Portfolio Holder - Councillor Tony Gillard

As in previous years the Executive responsibilities will be delegated to the Cabinet to take decisions collectively.

Councillor R Blunt thanked all Members for their work and recognised the commitment required by Members in respect of the Committees they were appointed to.

Councillor R Blunt referred to the recent elections and congratulated all candidates who had taken part.

The Leader of the Labour Group, Councillor L Spence announced his Shadow Cabinet as follows:

Deputy Leader and Planning - Councillor J Legrys

Housing - Councillor S Sheahan

Cultural and Leisure Services - Councillor P Clayfield

Environment - Councillor D De Lacy

Corporate and Resources - Councillor P Hyde

Business and Regeneration - Councillor T Neilson

Councillor L Spence stated that hopefully the Labour Group would continue to work with the Conservative administration where appropriate and scrutinise and oppose it where appropriate.
 
9 QUESTION AND ANSWER SESSION
None received.
 
10 QUESTIONS FROM COUNCILLORS
None received.
 
11 PETITIONS
None received.
 
12 MINUTES
Minutes of the Meeting held on Tuesday, 26th March, 2013
It was moved by Councillor G Jones, seconded by Councillor M Specht and
RESOLVED THAT:

The minutes of the meeting held on 26 March 2013 be approved and signed by the Chairman as a correct record.
13 APPOINTMENT OF COMMITTEES AND GROUPS, ELECTION OF CHAIRMEN AND DEPUTY CHAIRMEN
The Chairman referred Members to the nominations as set out in the additional papers circulated at the meeting.

It was moved by Councillor G Jones, seconded by Councillor N Rushton and
RESOLVED THAT:

a) The appointments to the Committees and Groups as set out in the additional papers be agreed.

b) The Chairmen and Deputy Chairmen of the Committees and Groups as set out in the additional papers be agreed.
14 APPOINTMENT OF REPRESENTATIVES ON COMMUNITY BODIES
The Chairman referred Members to the nominations as set out in the additional papers circulated at the meeting.

Councillor N Rushton moved the nominations en bloc. He stated that there were a number of bodies where there was a conflict but he felt this would not make any difference to the voting.

Councillor S Sheahan sought to raise a point of order.

Councillor L Spence stated that there were a number of bodies in respect of which there were more nominations than seats, and to take them en bloc would be difficult.

Councillor N Rushton stated that he would move the nominations from the Conservative Group en bloc.

The Monitoring Officer outlined the usual procedure for dealing with nominations. She explained that where agreement had been reached, nominations were voted on en bloc, however where more nominations had been received than there were seats available, a vote was taken individually.

Councillor L Spence stated that he would move the nominations from the Labour Group en bloc. This was seconded by Councillor S Sheahan.

Councillor T Gillard stated that he had been in negotiations with the opposition party, and there were 6 bodies to be voted on individually.

The Chairman stated that he would take a vote individually on those community bodies where more nominations had been received than there were seats available. A vote would then be taken on the remaining nominations en bloc.

A vote was taken on the appointments to each of the community bodies listed below and Members were appointed as follows:

Ashby Canal Trust
Councillor G Jones

Cliffe Hill Quarry Liaison Committee
Councillor V Richichi

Coalville and District Town Twinning Association
The vote was declared a draw. Councillor R Johnson withdrew his nomination, therefore Councillors P Clayfield and M Specht were appointed.

Heart of the National Forest Foundation
Councillor N Smith

North West Leicestershire Citizens Advice Bureau
Councillor N Smith

Redbank Manufacturing Liaison Committee
Councillor G Jones

It was moved by Councillor G Jones, seconded by Councillor N Rushton and
RESOLVED THAT:

Representatives be appointed to the remaining community bodies as set out in the additional papers.
15 SCHEDULE OF MEETINGS 2013/2014
It was moved by Councillor G Jones, seconded by Councillor T Gillard and
RESOLVED THAT:

The schedule of meetings for 2013/2014 be approved.
16 REVIEW OF ELECTORAL ARRANGEMENTS - WARDING PATTERN SUBMISSION
Councillor R Blunt presented the report to Members. He stated that the Local Government Boundary Commission for England (LGBCE) had completed its consultation on the size of the Council and was minded to recommend a council size of 38. He expressed his appreciation of the co-operation from Members on both sides of the Chamber. Councillor R Blunt advised that a draft warding pattern had been drawn up to act as a basis from which to start, and all Members were now invited to make representations and their own suggestions on the warding arrangements.

Councillor R Blunt advised that the LGBCE would consider all the representations and submissions received before the closing date of 4 June 2013 and would formulate draft recommendations on the warding proposals, which would be published in August 2013. He added that there would then be a further 12 week period of consultation on the LGBCE's proposals at the end of which the final recommendations would be published. New wards were scheduled to come into effect at the 2015 local elections.

The recommendations as outlined in the report were moved by Councillor R Blunt and seconded by Councillor A Smith.

Councillor L Spence requested a point of clarification in respect of the submission by the Conservative Group which had been circulated in the additional papers. He stated that Full Council was not the appropriate body to be carrying out the business of the Conservative Group. He also expressed concerns that Members were being asked to consider an amendment to the recommendation in the report.

The Monitoring Officer stated that the submission circulated was not an amendment to the recommendation in the report, but to the draft warding pattern. She advised that the documents to be submitted to the Boundary Commission were the covering report, the minutes, and any submissions received, including the submission made by the Conservative Group, any submissions to be made by the Labour Group and any submissions made by individuals. She clarified that the Council was simply acting as a conduit through which information could be passed, and the Conservative Group had requested that their submission be placed before Council to provide all Members the opportunity to view it prior to referral to the LGBCE.

Councillor J Legrys asked that the Monitoring Officer's statement be inserted into the minutes in full. He requested a recorded vote.

Councillor D De Lacy sought to raise a point of order and requested clarification on whether the recommendation or the amendment was being voted on as he was unclear. He added that he did not understand why Council was being asked to support the the submission from the Conservative Group.

Councillor R Blunt stated that Members were voting on the recommendation as set out in the report and there was no amendment to it.

The Monitoring Officer clarified that Council were being asked to note the draft submission which was to be used as a starting point. She added that the information from the Conservative group was their amendment to the document, not an amendment to the recommendations and was for information only in the interests of transparency.

Councillor L Spence thanked the officers who had worked so hard to compile the report. He expressed reservations regarding the submission from the Conservative Group, however as Council were not being asked to vote upon this, the Labour Group would make their own submission directly to the Boundary Commission. He also requested a recorded vote.

Councillor R Blunt thanked Councillor L Spence for reminding him of the work that had been undertaken by officers in drawing up the warding plan. He added that the Working Party had passed the work straight to officers to undertake without any political influence. He stated that this was what was before Members today.

The Chairman then put the motion to the vote.

A recorded vote having been requested, the voting was as follows:

For the motion:
Councillors R Bayliss, R Blunt, J Cotterill, J Coxon, T Gillard, R Holland, J Hoult, G Jones, C Large, C Meynell, T Pendleton, V Richichi, N Rushton, A Smith, N Smith, M Specht and D Stevenson (17).

Against the motion:
Councillors R Adams, N Clarke, P Clayfield, D De Lacy, D Everitt, J Geary, D Howe, P Hyde, R Johnson, J Legrys, L Massey, T Neilson, J Ruff, S Sheahan, L Spence, R Woodward and M Wyatt (17).

Abstentions:
Councillor A Saffell (1).

The voting having been declared a draw, the Chairman exercised his casting vote and the motion was declared CARRIED.
RESOLVED THAT:

a) The submission to the Local Government Boundary Commission for England on the future warding pattern for the district be received and noted.

b) Members be invited to make representations and/or their own submission directly to the Local Government Boundary Commission, either as individuals or in their Groups, and to propose names for each of the 38 wards.
17 MEMBER CONDUCT ANNUAL REPORT 2012/13
Councillor N Rushton presented the report to Members.

The Chairman of the Audit and Governance Committee, Councillor T Neilson, stated that he was grateful for the opportunity to chair the Committee once more. He paid tribute to the work of the officers and the Members of the Committee, adding that considering complaints regarding fellow Councillors must be one of the most difficult duties a Member had to undertake.

Councillor N Rushton thanked Councillor T Neilson for the good work he had done.

It was moved by Councillor N Rushton, seconded by Councillor R Blunt and
RESOLVED THAT:

The Member Conduct Annual Report 2012/13 be received and endorsed.
18 URGENT DECISIONS TAKEN BY CABINET IN QUARTER 4 2012/13
Councillor R Blunt presented the report to Members. He advised that in order to comply with the Council's Constitution, it is a requirement to formally report that the Cabinet had taken a decision in Quarter 4, which was considered to be urgent and, if delayed, would have been likely to have caused serious prejudice to the Council's interests.

Councillor R Blunt reported that Cabinet made one executive decision during quarter 4 under the special urgency provisions. At its meeting on 5 February 2012, the Cabinet considered a report entitled "Exemption to Council's Contract Procedure Rules - Supporting Our Customers". Members were advised that the decision to be taken was urgent to provide additional capacity within Customer Services to support our customers through a period of unprecedented change to the Welfare Benefits System.

It was moved by Councillor R Blunt, seconded by Councillor A Smith and
RESOLVED THAT:

The report be noted.
Published on Friday, 31st May, 2013
The meeting commenced at 6.30pm.

The Chairman closed the meeting at 7.10pm.

Attendance Details

Present:
Councillor M Specht (Chairman) (In the Chair).

Councillors R Adams, R D Bayliss, R Blunt, N Clarke, P Clayfield, J Cotterill, J G Coxon, D De Lacy, D Everitt, J Geary, T Gillard, R Holland, J Hoult, D Howe, P Hyde, R Johnson, G Jones, C Large, J Legrys, L Massey, C Meynell, T Neilson, T J Pendleton, V Richichi, J Ruff, N J Rushton, A C Saffell, S Sheahan, A V Smith, N Smith, M Specht, L Spence, D J Stevenson, R Woodward and M B Wyatt.

Officers: Mr S Bambrick, Mr R Bowmer, Ms C E Fisher, Mrs M Meredith, Mrs M Phillips and Miss E Warhurst.