Agenda and minutes

The Mayor and the Council stood in silence for one minute in memory of Councillor Heather Langley who had died in March.

It was noted that apologies for absence had been received from Councillors Butler, Hinder, Mrs Hinder, Robertson and Sams.

There were no disclosures by Members or Officers.

Councillor Marchant stated that he had been lobbied regarding the report of the Standards Committee.

RESOLVED:  That the items on the agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the meeting of the Borough Council held on 2 March 2011 be approved as a correct record and signed.

The Mayor announced that:-

·  He wished to thank those Members who had attended the events arranged to raise funds for the charities he had chosen to support during his year in office.  The following donations would be made with a further function to take place:-

Ø  £3,705 – Heart of Kent Hospice

Ø  £3,705 – Sobel Lodge, Staplehurst (Leonard Cheshire Foundation)

Ø  £6,345 – Crossroads, Young Carers Project

·  Councillor Sellar had resigned as a Member of the Council and Councillors Bradshaw, Horne, Marchant, Parr and Sherreard would not be seeking re-election in May.  He would like to thank them for their services to the Council over the years.

·  He would like to take the opportunity to thank those Members who had attended the funeral of Councillor Heather Langley.  It was clear from the tributes paid at the funeral service that Miss Langley had done a lot of work in the local community.

There were no petitions.

There were no questions from members of the public.

(a)  Leader of the Council

(b)  Cabinet Members

(c)  Chairmen of Overview and Scrutiny Committees

(d)  Chairmen of other Committees

Questions to the Leader of the Council

Councillor Horne asked a question and a supplementary question of the Leader of the Council.

The Leader of the Council responded to these questions.

The Leader of the Council submitted his report on current issues.

After the Leader of the Council had submitted his report, Councillor Mrs Wilson, the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, responded to the issues raised.

The Leader of the Council then responded to the points raised by Councillors Mrs Wilson and FitzGerald.

It was moved by Councillor Garland, seconded by Councillor Sherreard, that the recommendation of the Cabinet relating to the future role of the Strategic Housing Advisory Committee be approved.

Councillor Parvin, the Vice-Chairman of the Standards Committee, advised the Council that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee had evaluated the proposed amendments to the Constitution and believed that their implementation would help to ensure that the aims and principles of the Constitution were given full effect by putting in place a process which would enable decisions to be taken efficiently and effectively, and which would create a powerful and effective means of holding decision makers to public account.

RESOLVED:

1.  That the Strategic Housing Advisory Committee be disbanded. 

2.  That a new body named the ‘Housing Consultative Board’ be created, with the terms of reference as set out below:-

3.  That the new Housing Consultative Board be reviewed after 12 months to determine its effectiveness and its continued existence.

4.  That the Constitution be amended accordingly.

It was moved by Councillor Garland, seconded by Councillor Sherreard, that the recommendation of the Cabinet relating to the amendment of the Executive Procedure Rules relating to petitions be approved.

Councillor Parvin, the Vice-Chairman of the Standards Committee, advised the Council that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee had evaluated the proposed amendments to the Executive Procedure Rules within the Constitution and believed that their implementation would help to ensure that the aims and principles of the Constitution were given full effect by creating an effective means of holding decision makers to public account.

RESOLVED:  That amendments be made to the Executive Procedure Rules relating to petitions so that there is no age limit on who can sign a petition or present a petition to the Cabinet or a Cabinet Member and that paragraphs 2.6 (b) (ii) and 2.6 (b) (v) of the Executive Procedure Rules be amended from:-

2.6 (b) (ii)  Only petitions containing signatures of 100 persons of voting age will be eligible for submission to the Cabinet or Cabinet Member but the Leader or the Cabinet Member may at his discretion waive this requirement;

2.6 (b) (v)  Only one person may speak to the petition for a maximum of five minutes.  They should be of voting age, have signed the petition, and be an active supporter of the body submitting the petition but not acting for the petitioner in any professional capacity for financial reward;

To:

2.6 (b) (ii)   Only petitions containing signatures of 100 persons will be eligible for submission to the Cabinet or Cabinet Member but the Leader or the Cabinet Member may at his discretion waive this requirement;

2.6 (b) (v)  Only one person may speak to the petition for a maximum of five minutes.  They should have signed the petition and be an active supporter of the body submitting the petition but not acting for the petitioner in any professional capacity for financial reward;

It was moved by Councillor Mrs Joy, seconded by Councillor Mrs Wilson, that the recommendation of the General Purposes Group relating to the extension of the terms of office of two Independent Members of the Standards Committee be approved.

RESOLVED:  That the terms of office of Mrs Dorothy Phillips and Mr Don Wright as Independent Members of the Standards Committee be extended until the Annual Meeting of the Council in May 2012 as a cost effective way to deal with the impending vacancies given the uncertainty regarding whatever arrangements might take the place of the current ethical standards regime. 

It was moved by Councillor Horne, seconded by Councillor Nelson-Gracie, that the recommendation of the Audit Committee relating to the amendment of the Contract Procedure Rules within the Constitution arising out of the introduction of electronic tendering be approved.

Councillor Parvin, the Vice-Chairman of the Standards Committee, advised the Council that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee had evaluated the proposed amendments to the Contract Procedure Rules within the Constitution and believed that their implementation would help to ensure that the aims and principles of the Constitution were given full effect, as any decision not to make the amendments would prevent tenders being submitted using the new system, and thus would hinder the efficient and effective taking of decisions.

RESOLVED:  That the Contract Procedure Rules within the Constitution be amended by the deletion of Rule 11.3 and the insertion of the following:-

11.3  Where the Council has indicated in the Invitation to Tender that a tender can or must be submitted electronically, then those tenders shall be:

  11.3.1  in the format specified in the Invitation to Tender

11.3.2  stored securely with a secure method of opening

11.3.3  retained unopened until the date and time specified for their opening.

Mrs Dorothy Phillips, the Chairman of the Standards Committee, presented the Committee’s Annual Report to Council 2010/11.

It was moved by Councillor Parvin, seconded by Councillor J A Wilson, that the recommendation of the Standards Committee relating to its Annual Report to Council 2010/11 be approved.

RESOLVED:  That the Standards Committee’s Annual Report to Council 2010/11, attached as an Appendix to the report of the Committee, be noted.

See Minute 158 below.

The Council considered the joint report of the Head of Democratic Services and the Monitoring Officer setting out the recommendations arising from the review of Committees which had been undertaken for implementation at the start of the 2011/12 Municipal Year.  The Head of Democratic Services explained the Standards Committee’s evaluation of the proposals and consequential amendments to the Constitution.

(1)  Overview and Scrutiny Committees

The Head of Democratic Services advised the Council that he wished to amend the recommendation to add “Health” and “Partnerships” to the terms of reference of the proposed Communities Overview and Scrutiny Committee.  The Standards Committee supported the recommendation, as amended, and the consequential amendments to the Constitution, subject to each Overview and Scrutiny Committee having the opportunity to deal with call-ins.

It was moved by Councillor Mrs Wilson, seconded by Councillor Paine, that the recommendation contained in the joint report of the Head of Democratic Services and the Monitoring Officer relating to the Overview and Scrutiny Committees, as amended by the Head of Democratic Services, be approved subject to each Overview and Scrutiny Committee having the opportunity to deal with call-ins as suggested by the Standards Committee.

RESOLVED:  That option 3 of three Overview and Scrutiny Committees each with a membership of 9 and based on the Council’s new strategic priorities with terms of reference as set out in the Appendix to the joint report of the Head of Democratic Services and the Monitoring Officer be adopted subject to the addition of “Health” and “Partnerships” to the terms of reference of the Communities Overview and Scrutiny Committee and each of the Overview and Scrutiny Committees having the opportunity to deal with call-ins.

(2)  Planning Committee

  The Head of Democratic Services advised the Council that the Standards Committee did not support the proposed reduction in the size of the Planning Committee from 13 to 11 Members, being of the view that the number of Members should remain the same.

Councillor Lusty stated that he had been lobbied.

It was moved by Councillor Lusty, seconded by Councillor English, that no change be made to the size of the Planning Committee.

RESOLVED:  That no change be made to the size of the Planning Committee.

(3)  Licensing and Licensing Act 2003 Committees

The Head of Democratic Services advised the Council that the Standards Committee supported the recommendation.

It was moved by Councillor Parvin, seconded by Councillor FitzGerald, that the recommendation contained in the joint report of the Head of Democratic Services and the Monitoring Officer relating to the Licensing and Licensing Act 2003 Committees be approved.

RESOLVED:  That no changes be made to the Licensing and Licensing Act 2003 Committees.

(4)  Employment and Development Panel

The Head of Democratic Services advised the Council that the Standards Committee supported the recommendations and the consequential amendments to the Constitution.

It was moved by Councillor Mrs Wilson, seconded by Councillor English, that the recommendations contained in the joint report of the Head of Democratic Services and the Monitoring  ...  view the full minutes text for item 158.

It was moved by the Mayor, seconded by Councillor Horne, that the recommendation contained in the report of the Head of Democratic Services relating to the extension of the term of office of a Parish Council representative on the Standards Committee be approved.

RESOLVED:  That the term of office of Councillor Bill Stead as a Parish Council representative on the Standards Committee be extended until the Annual Meeting of the Council in May 2012 given the uncertainty regarding whatever arrangements might take the place of the current ethical standards regime.

It was moved by Councillor Mrs Wilson, seconded by Councillor English, that the recommendation contained in the report of the Head of Democratic Services relating to the appointment of a Member to fill the vacancies on the Licensing and Licensing Act 2003 Committees be approved.

RESOLVED:  That Councillor B Mortimer be appointed to the vacancies on the Licensing and Licensing Act 2003 Committees.

The Mayor announced that this report was for information only.

6.30 p.m. to 8.10 p.m.