Agenda and draft minutes

Venue: Princes Theatre, Town Hall, Clacton-on-Sea, CO15 1SE. View directions

Contact: Ian Ford  01255 686584.

Items
No. Item

74.

Apologies for Absence

The Council is asked to note any apologies for absence received from Members.

 

Minutes:

Apologies for absence were submitted on behalf of Councillors Bray, M Brown, Gray, Land and Pemberton.

75.

Minutes of the Last Meeting of the Council pdf icon PDF 173 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 11 September 2018.

Minutes:

RESOLVED that the minutes of the ordinary meeting of the Council, held on Tuesday 11 September 2018 be approved as a correct record and signed by the Chairman, subject to it being made clear in Minute 66 that Councillor Bush had not, in fact, seconded Councillor Bray’s motion.

 

Further to Minute 58(3), Councillor G V Guglielmi was pleased to inform Council that Grace Mi had now been granted an extra 2.5 year leave to remain in the United Kingdom and that a lawyer was now acting on her behalf to try and obtain a permanent visa.

76.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

Councillor Miles declared a personal interest in relation to agenda item 9 (Petition to Council – Old Fire Station, Mill Lane, Walton-on-the-Naze) insofar as she was acting as a liaison between local residents and Officers on this matter.

77.

Announcements by the Chairman of the Council

The Council is asked to note any announcements made by the Chairman of the Council.

Minutes:

Invitation

 

            In addition, the Chairman extended a warm invitation to all Members and Officers to join him in the Chairman’s Parlour after the meeting to enjoy seasonal refreshments.

 

Councillor Daniel Land

 

The Chairman invited Members to join him in congratulating Councillor Daniel Land for his achievement in making the shortlist in the Community Champions category of the recent LGIU and CCLA Councillor Achievement Awards 2018. Although Councillor Land had not won, the Chairman stated that this was worthy of special note especially as he believed that Councillor Land had been the first Tendring District Councillor to reach that stage of the awards.

 

Members showed their appreciation for Councillor Land’s achievement with a round of applause.

78.

Announcements by the Chief Executive

The Council is asked to note any announcements made by the Chief Executive.

 

Minutes:

There were none on this occasion.

79.

Statements by the Leader of the Council

The Council is asked to note any statements made by the Leader of the Council. 

Councillors may then ask questions of the Leader on his statements.

 

Minutes:

Local Plan

 

“As all Members will be aware the North Essex authorities have received a positive response from the Planning Inspector to the letter sent to him in October, which set out the proposals to continue to progress the shared strategic section 1 Local Plan examination.

 

In the letter, the Inspector commends the local authorities for constructive proposals for taking the examination forward. The Inspector has also confirmed that he believes the authorities are  approaching the work with an appropriately open mind and without preconceptions as to the outcome and it is hoped that this provides comfort to those who have questioned this element of the Council’s approach.

 

The letter requires the North Essex Authorities to provide a number of clarifications in relation to the evidence base and the Sustainability Appraisal process and these will be sent to the Inspector as soon as possible. Once these are received it is expected that the examination will be formally suspended by the Inspector until the evidence work has been completed. To aid the consideration of this, the Inspector has asked for a monthly update on progress which will help with the planning of the timetable for the remaining elements of the Local Plan examination.

 

The Inspector notes that the North Essex Authorities should take as much time as is needed to address the points raised in the June letter and in the light of this we have been reconsidering the timetable to ensure that the evidence base that is being produced is the most comprehensive and thorough possible and there is sufficient time built into the programme to allow for constructive local engagement and the transparent approach we have always prided ourselves on at Tendring. I shall therefore be suggesting to the other authorities that when we write to the Inspector at the end of this week we propose that the consideration of revisions to the Local Plan is moved to mid-summer 2019 rather than earlier in the year as it was previously intended. This would mean further examination sessions would hopefully take place in the late autumn with a final Inspector’s report before the end of 2019.

 

As we have done throughout this process I will continue to keep Members updated on the progress of the Local Plan.”

80.

Statements by Members of the Cabinet

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

 

Minutes:

There were none on this occasion.

81.

Petition to Council - Old Fire Station, Mill Lane, Walton-on-the-Naze pdf icon PDF 67 KB

The Council will note a petition received in accordance with the Scheme approved by the Council.

Minutes:

In accordance with the Council’s approved scheme for dealing with petitions, the Chief Executive formally reported the receipt of a petition submitted by Mr Steven Walker, as lead petitioner on 22 October 2018. The petition was signed by 105 local residents and requested that the Council made the necessary arrangements including the issuing of a preservation order to protect the Old Fire Station building in Mill Lane, Walton-on-the-Naze from demolition.

 

Council was informed that, in accordance with the Council’s approved scheme for dealing with petitions, this matter would now be investigated and a report would be prepared and presented to the Cabinet on the basis that it contained between 30 and 249 signatures.

 

Members were aware that the next practicable ordinary meeting of the Cabinet was on 14 December 2018.

 

The Chief Executive advised Council that, at that meeting, and in accordance with the Council’s approved scheme, Mr Walker, as the lead petitioner, would be invited to address the Cabinet, present the petition and outline the action that the petitioners would like the Council to take.  Members would then discuss the petition and decide what action, if any, should be taken.  Mr Walker would then be informed, in writing, of the Cabinet’s decision and the decision would be published on the Council’s website.

 

It was moved by Councillor Stock, seconded by Councillor G V Guglielmi and:-

 

RESOLVED - That the receipt of the Petition and the contents of the report be noted.

82.

Petition to Council - Public Conveniences in the District pdf icon PDF 66 KB

The Council will note a petition received in accordance with the Scheme approved by the Council.

Minutes:

In accordance with the Council’s approved scheme for dealing with petitions, the Chief Executive formally reported the receipt of a petition submitted by Mr Mike LeCornu, as lead petitioner on behalf of TenPAG and Unite, on 31 October 2018. The petition was signed by 271 local residents and requested that the Council replaced those public conveniences that had been closed for being ‘not fit for purpose’.

 

Council was informed that, in accordance with the Council’s approved scheme for dealing with petitions, this matter would now be investigated and a report would be prepared and presented to the Council on the basis that it contained more than 250 signatures.

 

Members were aware that the next practicable ordinary meeting of the Council was on 22 January 2019.

 

The Chief Executive advised council that, at that meeting, and in accordance with the Council’s approved scheme, Mr LeCornu, as the lead petitioner, would be invited to address the Council, present the petition and outline the action that the petitioners would like the Council to take.  Members would then discuss the petition and decide what action, if any, should be taken.  Mr LeCornu would then be informed, in writing, of the Council’s decision and the decision would be published on the Council’s website.

 

It was moved by Councillor Stock, seconded by Councillor G V Guglielmi and:-

 

RESOLVED - That the receipt of the Petition and the contents of the report be noted.

83.

Questions Pursuant to Council Procedure Rule 10.1

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

 

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to half an hour.

 

There are none on this occasion.

Minutes:

No questions had been received, on notice, from members of the public on this occasion.

84.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 49 KB

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees or Sub-Committees.

 

The time allocated for receiving and disposing of questions shall be a maximum of 45 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members unless withdrawn by the questioner.

 

One question has been received, on notice, from a Member.

Minutes:

Subject to the required notice being given, Members of the Council could ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees or Sub-Committees.

 

One question had been submitted as set out below:

 

Question

 

From Councillor Griffiths to Councillor McWilliams, Portfolio Holder for Health and Education:

 

“A number of St James’ residents have expressed concern over the number of drunks in Clacton   town centre, who by their general poor behaviour and foul language are creating an unpleasant environment for residents and visitors.

 
Could the Portfolio Holder tell us, what action they intend to take, along with other  partner  agencies,  to combat this problem,  and  how they intend  to  create a more pleasant environment for those visiting Clacton Town Centre?”

 

Councillor McWilliams replied along the following lines:-

 

“I do understand that the behaviour of some of those that frequent Clacton Town Centre can be distressing for some residents and visitors to the Town and that people want to see positive actions taken to limit the visibility of drinkers in the Town.

 

However, the powers that we have are around dealing with anti-social behaviour. So whilst someone may not act, dress or behave in a way that meets our own standards we need to distinguish between true anti-social behaviour and actions where other support, advice or guidance is needed to support a vulnerable person.

 

With this in mind there are a number of actions that we are taking through the Community Safety Partnership.

 

There is a Public Spaces Protection Order in place for Clacton Town Centre. I would like to make it clear that this does not make the Town Centre an alcohol ban area. The Order is about preventing anti-social behaviour not about stopping people drinking. If we made the PSPO a drinking ban that would prevent everyone drinking including those who might want a glass of wine with their picnic on the beach or just have one can of beer on a sunny day on Christmas Tree Island. However, the Order does allow us to act where there is begging, loitering or wholly unreasonable behaviour. If the unreasonable behaviour is clearly caused by drinking then our officers can ask someone to stop drinking or to hand over alcohol.

 

We do have officers that patrol in the Town Centre and are accredited to issue Fixed Penalty Notices where ASB is being committed. However, the primary role of these officers is to undertake enforcement on our off street car parks and I do accept that this can limit the effectiveness in tackling ASB in the Town. I am pleased therefore to advise Members that a post has recently been agreed for an Anti-Social Behaviour Patrol Officer that is dedicated to the Town Centre. It is hoped that funding for this will be approved in the budget to allow us to have someone in post and up to speed before Easter next year. Initially this officer would be based in Clacton but could be  ...  view the full minutes text for item 84.

85.

Report of the Leader of the Council - Urgent Cabinet or Portfolio Holder Decisions pdf icon PDF 186 KB

The Council will receive a report on Cabinet or Portfolio Holder decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 17.4, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

Minutes:

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council received a report from the Leader of the Council which notified Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules.

 

(1)    Award of £4,200 to The Pharos Trust for Emergency Works regarding LV18

 

It was reported that, on 14 September 2018, in view of the urgency of the issue concerned and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, the Finance and Corporate Services Portfolio Holder (Councillor G V Guglielmi) had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor Stephenson) consent that his decision to award £4,200 to The Pharos Trust to support emergency works relating to LV18 be exempt from the call-in procedure.

          

Councillor Guglielmi’s decision had been as follows:

 

“To award £4,200 (funded from the Big Society budget) to The Pharos Trust to support emergency works to ensure that LV18 is relocated whilst vital dredging is carried out. Upon return the LV18 will continue as a public tourist attraction in Harwich run by volunteers.”

 

It had been felt at that time that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

 

“The LV18 was currently attached to its moorings via temporary measures and it was important to reduce the period of time that the ship was exposed to the associated risks. This ship also had to be moved in a timely manner to ensure that its berth could be dredged by the Harwich Haven Authority, who had made an offer to carry out the work free of charge once the ship had been moved.”

 

(2)    Participation in a revised Essex Business Rates Pool

 

It was further reported that, on 24 September 2018, in view of the urgency of the issue concerned and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, the Finance and Corporate Services Portfolio Holder (Councillor G V Guglielmi) had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor Stephenson) consent that his decision to agree the Council’s participation in a revised Essex business rates pool in 2019/2020 and to support an application to the Government to become a pilot area in the same year be taken using the ‘special urgency procedure and that it also be exempt from the call-in procedure.

          

Councillor Guglielmi’s decision had been as follows:

 

“(a)      the Council confirms its participation in an All Essex Business Rates Pool in 2019/20 and supports the application to the Government to become a pilot area in the same year;

 

(b)        subject to a) above, delegation be given to the Deputy Chief Executive to agree  ...  view the full minutes text for item 85.

86.

Minutes of Committees pdf icon PDF 77 KB

The Council will receive the minutes of the following Committees:

 

(a)        Community Leadership of Monday 3 September 2018;

 

(b)        Resources and Services of Monday 17 September 2018;

 

(c)        Human Resources and Council Tax of Monday 24 September 2018;

 

(d)        Audit of Thursday 27 September 2018;

 

(e)        Community Leadership of Monday 1 October 2018;

 

(f)        Standards of Wednesday 3 October 2018;

 

(g)        Local Plan of Tuesday 30 October 2018; and

 

(h)        Resources and Services of Monday 5 November 2018.

 

NOTE: The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record.

Additional documents:

Minutes:

It was RESOLVED that the minutes of the following Committees, as circulated, be received and noted:

 

(a)       Community Leadership of Monday 3 September 2018;

 

(b)       Resources and Services of Monday 17 September 2018;

 

(c)       Human Resources and Council Tax of Monday 24 September 2018;

 

(d)       Audit of Thursday 27 September 2018;

 

(e)       Community Leadership of Monday 1 October 2018;

 

(f)        Standards of Wednesday 3 October 2018;

 

(g)       Local Plan of Tuesday 30 October 2018; and

 

(h)       Resources and Services of Monday 5 November 2018.

 

87.

Motion to Council - "Proposed Town Council for Clacton-on-Sea" pdf icon PDF 53 KB

The Council will consider a motion, notice of which has been given by Councillor Newton pursuant to Council Procedure Rule 12.

Minutes:

Council had before it the following motion, notice of which had been given, pursuant to Council Procedure Rule 12, by Councillor Newton:-

 

"This Council, in accordance with the Local Government and Public Involvement in Health Act 2007 (as amended) and the statutory guidance issued by DCLG in 2010, conducts a Community Governance Review with a view to creating a Clacton Town Council to come into effect in 2023.

 

The Council will consult with members of the public and other stakeholders as to the creation of a Clacton Town Council which will be intended to serve the areas of Clacton-in-Sea that are not currently being represented by a Town or Parish Council.

 

This will be inclusive of the following District Council Wards (as effective from May 2019) –

 

Bluehouse

Burrsville

Cann Hall

Coppins

Eastcliff

Pier

St Bartholomews

St James

St Pauls

West Clacton and Jaywick Sands"

 

Councillor Newton informed Council that she wished to amend her motion by now including St Johns in the above list of District Council Wards and also by correcting a minor typographical error in the second paragraph so that it read “Clacton-on-Sea” rather than “Clacton-in-Sea”.

 

Councillor Newton formally moved the motion, as amended, and Councillor Bucke formally seconded the motion, as amended.

 

The Chairman informed Council that, pursuant to Council Procedure Rule 12.4, he would refer the motion, as amended, to the Community Leadership Overview and Scrutiny Committee.

 

Councillor Newton’s motion, as amended, thereupon stood referred, without speeches or discussion, to the Community Leadership Overview and Scrutiny Committee for its consideration and report.

88.

Motion to Council - "Free Swimming Lessons for Children" pdf icon PDF 213 KB

The Council will further consider a motion, which was moved by Councillor Pemberton and seconded by Councillor Gray at the meeting of the Council held on 11 September 2018 and which had stood referred to the Cabinet for consideration and report.

 

NOTE: Cabinet considered Councillor Pemberton’s motion at its meeting held on 12 October 2018. The relevant Cabinet Minute and the Cabinet’s recommendation to Council are contained within the Council Book.

Minutes:

Council considered further the following motion, which had been moved by Councillor Pemberton and seconded by Councillor Gray at the meeting of the Council held on 11 September 2018 and which had stood referred to the Cabinet for its consideration and report:-

 

“That this Council takes the necessary steps to offer, at Clacton Leisure Centre and other suitable venues, up to six free swimming lessons every year for all children under the age of 15 years, in order to see that every child in the District of Tendring can be taught to swim, cope with a riptide or strong current, swim/float fully clothed and learn basic life-saving.”

 

Council was aware that Cabinet had considered Councillor Pemberton’s motion at its meeting held on 12 October 2018. The relevant Cabinet Minute and the Cabinet’s recommendation to Council were contained within the Council Book.

 

It was moved by Councillor Stock OBE and:-

 

RESOLVED that Council does not support the motion in its original format and that instead the following amended motion be approved:-

 

That this Council takes the following steps in order to see that every child in the District of Tendring can be taught to swim, before they leave primary school education:

 

(a)  the Community Leadership Overview and Scrutiny Committee invite the Director for Education from Essex County Council to attend a future meeting of that Committee in order to discuss how all schools can meet their statutory duty and move towards 100% of the District’s children learning to swim before they leave primary school education; and

 

(b) that Officers continue work with partners to develop a cohesive plan to further improve safety measures across the District’s coastline and report back with findings and any recommendations to Cabinet in February 2019, for implementation prior to the 2019 season.”

89.

Motion to Council - "Proposed Planning Condition re: Dust Suppression at Development Sites" pdf icon PDF 150 KB

The Council will further consider a motion, which was moved by Councillor Bray and seconded by Councillor Bush at the meeting of the Council held on 11 September 2018 and which had stood referred to the Planning Committee for consideration and report.

 

NOTE: The Planning Committee considered Councillor Bray’s motion at its meeting held on 16 October 2018. The relevant Committee Minute and the Committee’s recommendation to Council are contained within the Council Book.

Minutes:

Council considered further the following motion, which had been moved by Councillor Bray and seconded by Councillor Bush at the meeting of the Council held on 11 September 2018 and which had stood referred to the Planning Committee for its consideration and report:-

 

This Council resolves that:-

 

1.      Subject to there being no objection from the Planning Inspectorate,  ALL future planning applications approved by this Council, contain a condition requiring the developer / constructor to take all reasonable steps, using dust suppression techniques to ensure that, as far as possible, existing residents living in near proximity to the construction site are not adversely affected by construction related dust; and

 

2.    If any objection is received from the Planning Inspectorate, that objection will be disclosed fully to Councillors in order that this motion can be amended to take account of any such objection at some future time.”

 

Council was aware that the Planning Committee had considered Councillor Bray’s motion at its meeting held on 22 October 2018. The relevant Committee Minute and the Planning Committee’s recommendation to Council were contained within the Council Book.

 

Councillors Turner, Porter, Heaney, Miles, Scott and Broderick addressed the meeting on the subject matter of this item.

 

Councillor Stock OBE, in his capacity as both Leader of the Council and Chairman of the Local Plan Committee, informed Members that he had requested, via the Council’s Monitoring Officer, that the Constitution Review Portfolio Holder Working Party look at the terms of reference of the Local Plan Committee (and also its title) with a view to enabling that Committee to produce procedures, protocols and also planning conditions that could be put on every planning application that was granted approval in order to avoid any detriment to local neighbourhoods.

 

It was moved by Councillor White and:-

 

RESOLVED that Council does not support the motion in its original format and that instead the following amended motion be approved:-

 

“This Council resolves that, where applicable, for planning applications that are recommended for approval by this Council the following condition should be considered:

 

“During development the constructor/developer will take all reasonable steps, using dust suppression techniques to ensure that, as far as reasonably practicable, residents living in near proximity to the site are not adversely affected by construction related dust.””

90.

Recommendations from the Cabinet - The Local Council Tax Support Scheme 2019/2020 - Council Tax Exemptions/Discounts for 2019/2020 and the Annual Minimum Revenue Provision Policy Statement 2019/2020 pdf icon PDF 134 KB

The Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2019/2020, Council Tax Exemptions for 2019/2020 and the Annual Minimum Revenue Provision Policy Statement 2019/2020.

 

NOTE: Cabinet considered this matter at its meeting held on 9 November 2018. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council are contained within the Council Book.

 

Additional documents:

Minutes:

The Council considered the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2019/2020, Council Tax Exemptions for 2019/2020 and the Annual Minimum Revenue Provision Policy Statement 2019/2020.

 

Council was aware that Cabinet had considered this matter at its meeting held on 9 November 2018. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council were contained within the Council Book.

 

It was moved by Councillor P B Honeywood and:-

 

RESOLVED that –

 

(a)    the Local Council Tax Support Scheme (LCTS) remains the same as the current year, as set out as Appendix A to item A.7 of the Report of the Housing Portfolio Holder submitted to Cabinet on  9 November 2018 and that therefore:

 

i)       the LCTS be approved with the maximum LCTS award being 80% for working age claimants; and

 

ii)      the Deputy Chief Executive be authorised, in consultation with the Housing Portfolio Holder, to undertake the necessary steps and actions to implement the LCTS scheme from 1 April 2019.

 

(b)    the Council Tax Exceptional Hardship Policy, as set out in Appendix B to the   aforesaid report, be approved.

 

(c)    the proposed discretionary Council Tax exemptions and discounts remain unchanged, as set out in Appendix C to the aforementioned report, and that the Deputy Chief Executive, in consultation with the Housing Portfolio Holder, be authorised to undertake the necessary steps and actions to implement the Council Tax exemptions and discounts from 1 April 2019.

 

(d)     the Annual Minimum Revenue Provision Policy Statement for 2019/20, as set out in Appendix D to the above report, be approved.

91.

Recommendations from the Cabinet - Review of the Council's Constitution pdf icon PDF 124 KB

The Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the proposed changes to the Council’s Constitution.

 

NOTES: (1) Cabinet considered this matter at its meeting held on 9 November 2018. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council are contained within the Council Book; and

 

(2)   Members will be aware that Council will not be discussing at the meeting Sub-Sections (a) and (b) in the Current Position Section of Part 3 (Supporting Information) of the Report (i.e. the sub-sections that refer to the Council Procedure Rules) as those matters were deferred by Cabinet for further consultation with Members.

Additional documents:

Minutes:

The Council considered the recommendations submitted to it by the Cabinet in respect of the proposed changes to the Council’s Constitution.

 

Council was aware that Cabinet had considered this matter at its meeting held on 9 November 2018. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council were contained within the Council Book.

 

Council was also aware that it would not be discussing at the meeting Sub-Sections (a) and (b) in the Current Position Section of Part 3 (Supporting Information) of the Report previously submitted to Cabinet (i.e. the sub-sections that referred to the Council Procedure Rules) as those matters had been deferred by Cabinet for further consultation with Members.

 

Councillors I J Henderson, Broderick, Heaney, Talbot, Miles, Everett, Calver and P B Honeywood addressed the meeting on the subject matter of this item.

 

It was moved by Councillor G V Guglielmi that –

 

(a)    the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices B to N attached to item A.3 of the Report of the Finance and Corporate Resources Portfolio Holder submitted to Cabinet on 9 November 2018; and

 

(b)    all changes come into effect immediately.

 

After debate it was moved by Councillor Stock OBE and seconded by Councillor Everett that Councillor G V Guglielmi’s motion be amended to read as follows:-

 

(a)   the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices B to H and J to N attached to item A.3 of the Report of the Finance and Corporate Resources Portfolio Holder submitted to Cabinet on 9 November 2018;

 

(b)   all changes come into effect immediately; and

 

(c)    consideration of Appendix I be deferred until the January meeting of the Full Council in order to allow the Constitution Review Portfolio Holder Working Party to re-examine the proposed changes to the Planning Committee delegations in the light of the issues and concerns raised by Members in relation to the Members’ Referral Scheme.

 

Councillor G V Guglielmi indicated that he was content to alter his motion to incorporate Councillor Stock’s amendment.

 

Councillor G V Guglielmi’s motion, as amended, on being put to the vote, was declared CARRIED.

92.

Reports Submitted to the Council by an Overview and Scrutiny Committee

The Council is asked to consider any reports submitted to it by an Overview and Scrutiny Committee.

 

There are none on this occasion.

Minutes:

There were none on this occasion.

93.

Report of the Chief Executive - A.4 - Non-Attendance at Meetings pdf icon PDF 108 KB

In accordance with Article 2.06 of the Council’s Constitution to formally report that Councillors Andy Massey and Giles Watling MP have exceeded four months without attending a meeting of the Council or attending a meeting of a committee or sub-committee of the Council either as an appointed member of a committee/sub-committee or as a substitute member of a committee/sub-committee.

Minutes:

In accordance with Article 2.06 of the Council’s Constitution the Chief Executive formally reported that Councillors Andy Massey and Giles Watling MP had exceeded four months without attending a meeting of the Council or attending a meeting of a committee or sub-committee of the Council either as an appointed member of a committee/sub-committee or as a substitute member of a committee/sub-committee.

 

He informed Council that the last meeting that Councillor Massey had attended was the meeting of the full Council held on 3 July 2018.

 

He further informed Council that the last non-executive meeting that Councillor Watling MP had attended was the meeting of the full Council held on 9 May 2017.

 

The Chief Executive made Council aware that, since that date, Councillor Watling MP had attended meetings of the Cabinet held on 26 May 2017, 14 July 2017, 15 December 2017, 19 January 2018 and 15 June 2018.

 

Councillor I J Henderson addressed the meeting on the subject matter of this item.

 

Council noted the foregoing.

94.

Joint Report of the Monitoring Officer and Head of Leadership Support and Community - A.5 - Appointment of Independent Persons and the Independent Remuneration Panel pdf icon PDF 127 KB

To approve the recommendations from the Interview Selection Panel to appoint Mrs Clarissa Gosling, Mrs Jane Watts, Mr David Irvine and Mrs Susan Gallone as the Council’s Independent Persons and Independent Remuneration Panel.

 

All of the recommended appointments to be for the period expiring at the Annual Council meeting in 2023.

Minutes:

The Council’s approval was sought to appoint Mrs Clarissa Gosling, Mrs Jane Watts, Mr David Irvine and Mrs Susan Gallone as the Council’s Independent Persons and members of the Independent Remuneration Panel for a term of office expiring at the Annual Meeting of the Council in 2023.

 

It was moved by Councillor Heaney, seconded by Councillor Miles and:-

 

RESOLVED that -

 

(a)  the Independent Remuneration Panel consists of four people and that there are four Independent Persons and that the relevant procedures and protocols be updated to reflect this number accordingly; 

 

(b) the appointment of Clarissa Gosling, Jane Watts, David Irvine and Susan Gallone to the Independent Remuneration Panel and as the Council’s Independent Persons be agreed with immediate effect; and

 

(c)  all the above appointments be for a term of office expiring at the Annual Meeting of the Council in 2023.

95.

Urgent Matters for Debate

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xvi), 11.3(b) and/or 13(q).

 

Minutes:

There were none on this occasion.

96.

Exclusion of the Press and Public

The Council is asked to consider the following resolution:

                       

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 25 on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.”

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 25 on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.”

97.

Exempt Minutes of Committees

The Council will receive the exempt minutes of the following Committees:-

 

(a)    Human Resources and Council Tax of Monday 24 September 2018; and

 

(b)    Audit of Thursday 27 September 2018.

 

NOTE:            The above exempt minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record.

 

Additional documents:

Minutes:

It was RESOLVED that the exempt minutes of the following Committees, as circulated, be received and noted:

 

(a)       Human Resources and Council Tax of Monday 24 September 2018; and

 

(b)          Audit of Thursday 27 September 2018.