Agenda and minutes

Council - Tuesday 19 May 2015 2.30 pm

Venue: Committee Rooms - East Pallant House

Contact: Philip Coleman on 01243 534655  Email:  pcoleman@chichester.gov.uk

Items
No. Item

1.

Election of Chairman of the Council

This will be followed by the declaration of acceptance of office

Minutes:

Mr Martyn Bell, Chairman of the Council, welcomed newly-elected members to the meeting.

 

He thanked the Chief Executive, Executive Directors and officers for their help during his term of office. He also thanked the Member Services team, and especially Mrs Katherine Jeram who had acted as his personal assistant. He also thanked his wife, Toom, for accompanying him to many civic events. He thanked members of the previous council for their support for him and the events he had arranged, especially the commemoration of Holocaust Memorial Day 2015 and the opening of the Priez Memorial display in The Novium Museum.

 

He also paid tribute to the work of members of the previous council, who had not been re-elected, and expressed particular appreciation of the long and distinguished service of Tony French, Andrew Smith and Anne Scicluna.

 

He then invited nominations for election as Chairman of the Council for the ensuing year.

 

Mr Dignum, seconded by Mr Finch, proposed that Mr Thomas be elected Chairman of the Council.  No other nominations were received and it was

 

RESOLVED

 

That Mr Nick Thomas be elected Chairman of the Council for the ensuing year.

 

Mr Thomas took the Chair and read and signed his declaration of acceptance of office in the prescribed form.

 

Mr Thomas thanked the Council for electing him. He also thanked Mr Bell for a splendid two years as Chairman of the Council, during which he had attended over 100 civic events.

2.

Appointment of Vice-Chairman of the Council

This will be followed by the declaration of acceptance of office

Minutes:

The Chairman invited nominations for appointment as Vice-Chairman of the Council for the ensuing year.

 

Mr Hicks, seconded by Mr Dignum, proposed that Mrs Hamilton be appointed Vice-Chairman of the Council.  No other nominations were received and it was

 

RESOLVED

 

That Mrs Elizabeth Hamilton be appointed Vice-Chairman of the Council for the ensuing year.

 

Mrs Hamilton read and signed her declaration of acceptance of office in the prescribed form.

 

3.

To receive the report of the Returning Officer on the District Council Elections held on 7 May 2015 pdf icon PDF 44 KB

Minutes:

The Council received and noted the Report of the Returning Officer on the District Council elections held on 7 May 2015 (copy attached to the official minutes).

 

The Chairman thanked Mrs Shepherd and her staff, who had arranged a series of elections (general, district council and parish councils) with seamless efficiency.

 

Mrs Shepherd drew attention to the mis-spelling of the name of Mrs J Kilby in the printed list of councillors elected for the Chichester East ward. She reported that there were 18 new councillors, and offered the help and support of herself and her staff to all members.

4.

Minutes pdf icon PDF 157 KB

To approve as a correct record the minutes of the meeting of the Council held on Tuesday 10 March 2015.

Minutes:

RESOLVED

 

That the minutes of the meeting of the Council held on 10 March 2015 be signed as a correct record.

 

5.

Urgent Items

Chairman to announce any urgent items which due to special circumstances are to be dealt with under agenda item 16(b)

Minutes:

There were no urgent items for consideration at this meeting.

6.

Declarations of Interests

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

Minutes:

No interests were declared at this meeting.

 

7.

Chairman's announcements

Minutes:

The Chairman drew attention to the outstanding work of the previous council, congratulating the councillors and staff on their achievements. He especially expressed gratitude to Mr Tony French (sitting in the public seating area), who had been a member of the Council since its establishment in 1973, except for the period 1977-1979. Mr French had been a great help and mentor to new councillors, irrespective of political party.

 

Mr Thomas welcomed the eighteen new councillors, who brought new enthusiasm to the Council. He especially drew attention to Thomas Dempster, at age 22 the youngest ever member of the Council.

8.

Election of the Leader of the Council

Minutes:

The Chairman invited nominations for election as Leader of the Council for the ensuing four years.

 

Mr Hayes, seconded by Mr Finch, proposed that Mr Dignum be elected as Leader of the Council.  No other nominations were received and it was

 

RESOLVED

 

That Mr Tony Dignum be elected Leader of the Council for the ensuing four years.

 

Mr Dignum thanked the Council for electing him as Leader and undertook to do his best to deserve that support during his term.

 

He drew attention to the wonderful inheritance the new Council had from the old. The Council had a strong financial position. To cope with massive cuts in central government support a high level of savings had been achieved, so avoiding having to make significant reductions in services.  A Local Development Plan had been delivered and the Inspector’s report was expectantly awaited.

 

All this achievement had been possible through a combined, committed effort on the part of the Cabinet, councillors and the excellent team of officers.

 

He paid a special tribute to his four former colleagues in the old Cabinet who all had given unstinting and exemplary service to the Council and with whom he had worked as part of a harmonious team.

 

He also praised especially the contributions of members who had not returned. He singled out as a truly exceptional chairman, Martyn Bell, and the previous Leader, Heather Caird, who personally took responsibility within the Cabinet for delivering the Local Plan. The Council also had said goodbye to two 40-year veterans, Anne Scicluna and Tony French, and to 16 other members.

9.

Cabinet

The Leader of the Council will announce the membership of the Cabinet, the appointment of the Deputy Leader and the allocation of portfolios to Cabinet Members.

Minutes:

Mr Dignum (Leader of the Council) announced the following membership of the Cabinet and described their allocated portfolios:

 

Name

Role and Portfolio

Tony Dignum

Leader of the Council

Eileen Lintill

Deputy Leader of the Council

Community Services

Roger Barrow

The Environment (including Contract Services)

Susan Taylor

Housing and Planning

Gillian Keegan

Commercial Services

Bruce Finch

Support Services

Philippa Hardwick

Finance and Governance

 

The new Cabinet members introduced themselves as follows:-

 

Roger Barrow

Cabinet member for the Environment

 

“I joined the Council this year after a 43 year career with the John Lewis Partnership behind me, where I held a number of senior management positions in both John Lewis and Waitrose.

 

“I worked on a number of new store openings and during my final five years was head of the flagship John Lewis and Waitrose Food and Home store in Canary Wharf, where I held executive responsibility for a team of 750 staff and a multimillion pound turnover.

 

“A qualified Yachtmaster and keen fisherman, upon taking early retirement in 2006, I started my own marine business in Chichester and set up as a business and marketing coach for small businesses.”

 

Susan Taylor

Cabinet member for Planning and Housing

 

“A Solicitor for 23 years, specialising in land and property law, I retired in 2010. Prior to retirement, I worked for five years in the Social Housing Department of a large legal firm in Southampton. Whilst there I acted for a number of Housing Associations, including Hyde Martlet and Affinity Sutton. Since retirement, I have worked as a volunteer at the CAB, specialising in property and housing.

 

“I have served as a councillor with the London Borough of Croydon, on the Planning Committee and as Vice-Chairman of the Licensing Committee. For the past five years I have been a parish councillor with West Itchenor Parish Council and for four years have been Chairman of the Planning Committee of that Council.”

 

Gillian Keegan

Cabinet member for Commercial Services

 

“I was elected to the Council for Rogate Ward in 2014. Previously I was a global business executive with more than 25 years' experience in building and leading high quality teams to manage critical business relationships ensuring commercial success. I have a technology background with expertise in growing revenue through a combination of strategy, marketing, sales leadership and commercial execution. 

 

“I developed my international business experience with roles including IT Procurement Manager, Commercial Director, Vice President Global Sales and Chief Marketing Officer working at board level within companies including the Travel, Technology, E-Commerce, Financial Services and Manufacturing sectors.

 

“I hold a BA Hons in Business Studies and a Sloan Fellowship from London Business School.”

 

Bruce Finch

Cabinet member for Support Services

 

“I have been District Councillor for Southbourne since 2011, along with Bob Hayes and Graham Hicks, and was recently elected to the parish council. I undertake assignments for a Big 4 management consultancy leading transformation programmes in the UK and Europe, in both the private and public sectors. A former Royal Naval Officer and proud  ...  view the full minutes text for item 9.

10.

Review of Political Balance

Minutes:

The Council considered the report circulated with the Agenda (copy attached to the official Minutes). The Chief Executive explained the requirements of the Local Government and Housing Act 1989, and the principles governing the political balance rules. She drew attention to the percentages of seats taken by each political group and to the apportionment of seats on committees to the political groups set out in tables 1, 2 and 3.

 

She added that because the two minority groups were the same size, agreement between them had been sought and achieved on the allocation of seats between them.

 

Mrs Apel had been appointed as leader of the Liberal Democrat group and Mr Shaxson as leader of the Independent Group. It had been agreed that Mr Shaxson would be Leader of the Opposition.

 

RESOLVED

 

That the review of political balance arrangements set out in the report be approved and Tables 1, 2 and 3 be applied in making appointments to committees.

11.

Appointment and Membership of Committees and their Chairmen and Vice-Chairmen

Minutes:

The Council considered the report circulated with the agenda and the version with listed nominations tabled at the meeting (copy attached to the official minutes).

 

Mr Dignum proposed that the Council should defer making appointments to the Investigation and Disciplinary Committee, Appeals Committee, Executive Directors and Heads of Service Disciplinary Appeal Panel and Redundancy Appeal Panel. These committees were all concerned in various ways with the discipline or dismissal of senior officers. They had never met, and there were no immediate plans for them to meet.

 

One of the last acts of the previous Government had been to issue new Regulations governing aspects of these procedures. These required changes to the Council’s Standing Orders and would impact on the terms of reference of these committees. A report would be submitted via Cabinet to the next meeting of the Council about these changes.

 

He suggested, therefore, that appointments should wait until these changes have been made.

 

RESOLVED

 

(1)  That appointments to Committees for 2015/16 be made as shown in the appended report.

 

(2)  That appointments to the Investigation and Disciplinary Committee, Appeals Committee, Executive Directors and Heads of Service Disciplinary Appeal Panel and Redundancy Appeal Panel be deferred until the next meeting.

 

12.

Appointments to External Organisations pdf icon PDF 62 KB

Additional documents:

Minutes:

The Council considered the report circulated with the agenda and the version with listed nominations tabled at the meeting (copy attached to the official minutes).

 

Mr McAra moved

 

(1)  that Mr Shaxson be appointed as the Council’s representative on the South Downs National Park Authority; and

 

(2)  that the appointment be made by secret ballot, with Standing Order 9.6 being suspended in accordance with Standing Order 21 to enable this.

 

On a vote being taken the proposal to suspend Standing Order 9.6 was lost by 21 votes to 15.

 

On a vote being taken by show of hands Mr Dunn, rather than Mr Shaxson, was appointed as the Council’s representative on the South Downs National Park Authority

 

RESOLVED

 

That appointments to external organisations be made as shown in the appended report.

 

13.

Public Question Time

Questions submitted by members of the public in writing by noon on the previous working day (for a period up to 15 minutes).

Minutes:

No public questions had been submitted.

 

14.

Byelaw Enforcement pdf icon PDF 51 KB

Report to Cabinet attached

 

RECOMMENDED TO COUNCIL

 

That the following addition be made to the powers granted to any Chief Officer and Heads of Service under the Constitution:

“To authorise any action under Council Byelaws including prosecution.”

 

Minutes:

The Council received the report of the Legal Service Manager, circulated with the agenda (copy attached to the official minutes).

 

Mrs Hardwick (Cabinet Member for Finance and Governance), duly seconded, moved the recommendation of the Cabinet. She explained that the Legal Service had reviewed the enforcement of District Council’s byelaws. Enforcement of the bylaws depended not only on whether there had been a perceived breach of the byelaw, but whether it was in the public interest to take enforcement action, such as prosecution. The recommendation to delegate action to Chief Officers and Heads of Service clarified the basis of enforcement, and had the merits of simplicity, clarity and consistency.

 

In reply to a question by Mr Plowman, Mrs Hardwick confirmed that no changes to the byelaws themselves were being proposed.

 

Mr Connor explained that problems had arisen in his ward with residents demanding that the council prosecute fishermen for infringement of byelaws in storing boats and equipment on the sea wall during inclement weather. He believed that officers had managed the situation well and he supported the recommendation as clearly enabling officers to exercise discretion.

 

Mr Cullen suggested that officers should review the Council’s byelaws, which had mostly been passed many years ago, to check their current relevance.

 

RESOLVED

 

That the following addition be made to the powers granted to any Chief Officer and Heads of Service under the Constitution:

 

“To authorise any action under Council Byelaws including prosecution.”

 

15.

Questions to the Executive

(maximum of 40 minutes duration)

Minutes:

Questions to members of the Cabinet and responses given were as follows:

 

(a)  Question: Air pollution, Orchard Street, Chichester

 

Mr Plowman referred to Orchard Street, Chichester, as one of the most polluted areas of the city. He asked the Cabinet Member for the Environment to check whether measurement of air pollution, particularly real time monitoring, in Orchard Street was taking place and, if so, what the recent results were.

 

Response:

 

Mr Barrow (Cabinet Member for the Environment) agreed to provide a written answer.

 

(b)  Question: Air pollution, Rumbolds Hill, Midhurst

 

Mr Shaxson referred to Rumbolds Hill, Midhurst as a pollution hotspot which had been close to qualifying as an air quality management site some years ago. He believed that, since that time, road traffic had increased. He asked the Cabinet Member for the Environment whether air pollution in Rumbolds Hill was being measured and, if not, whether it could be.

 

Response:

 

Mr Barrow (Cabinet Member for the Environment) agreed to provide a written answer.

 

(c)  Question: Waste and Recycling

 

Mr Shaxson reminded the Cabinet Member for the Environment that he would need to work in partnership with West Sussex County Council (WSCC) and the other district and borough councils in West Sussex on both waste collection and disposal in order to achieve the EU requirement to recycle 50% of domestic waste by 2020. He asked whether WSCC had secured a long-term contract for disposal of the Refuse Derived Fuel from the Brookhurst Wood Mechanical Biological Treatment plant, near Horsham.

 

Response:

 

Mr Barrow (Cabinet Member for the Environment) agreed to provide a written answer.

 

(d)  Question: Gypsies and travellers incursions in District Council car parks

 

Mr Oakley asked the Cabinet Member for Finance and Governance whether she would report back how much revenue had been lost to the Council in the last financial year owing to traveller incursions in car parks, as this would provide a basis for comparison of the effectiveness of the transit site at Westhampnett.

 

Response:

 

Mrs Hardwick (Cabinet Member for Finance and Governance) replied that she noted Mr Oakley’s request.

 

(e)  Question: Electoral review of Chichester District

 

Mr Oakley asked whether an outline timetable for the electoral review of Chichester District was available.

 

Response:

 

The Chief Executive explained that the previous Council had agreed to ask the Local Government Boundary Commission for England (LGBCE) to carry out an electoral review of Chichester District, with a view to reducing the number of councillors to approximately 35 or 36, to be implemented for the district council elections in 2019. The LGBCE would be making a decision on whether to conduct a review later in the year, and she would send an outline timetable to all members in due course.

 

Mrs Tull asked whether the Members’ Task and Finish Group would be re-convened, and the Chief Executive replied that members would be involved in the review.

 

(f)    Question: Gypsies and travellers transit site, Westhampnett

 

Mrs Apel asked whether the new transit site for gypsies and travellers had been  ...  view the full minutes text for item 15.