Agenda and minutes

Members welcomed Councillor Hibbert, newly elected Member for the Westgate-on-Sea Ward, to the Council and congratulated her on her election to office.

Apologies were received from Councillors Day, Gibson, K Gregory, Hayton and Moores.

To receive any declarations of interest.  Members are advised to consider the extract from the Standards Board Code of Conduct for Members, which forms part of the declaration of interest form at the back of this agenda.  If a Member declares an interest, they should complete that form and hand it to the officer clerking the meeting.

It was NOTED that all Members present had a personal interest in the Members’ Allowances Scheme for 2012/13 (Agenda No. 16 and Minute No. 35 below refer).

To approve minutes of the following meetings:

On the proposal of the Chairman, seconded by the Vice-Chairman, the minutes of the Annual meeting of Council held on 17 May 2012 were approved by Council and signed by the Chairman.

On the proposal of the Chairman, seconded by the Vice-Chairman, the minutes of the Extraordinary meeting of Council held on 24 May 2012 were approved by the Council and signed by the Chairman.

To receive any announcements from the Chairman, Leader, Members of the Cabinet or Chief Executive in accordance with Council Procedure Rule 2.1 (iv).

Members paid tribute to the former Councillor Margaret Davies, whose recent death had been announced at the Extraordinary meeting of Council on 24 May 2012, referring to her dedicated service to Thanet, particularly in relation to housing improvements.

The Chairman referred to the recent death of former Councillor Margaret Sheldrick, who had represented the Birchington South Ward from 2003 to 2011, and had been Chairman of the Licensing Board from 2003 to 2009 and Chairman of Council from 2009 to 2011.

On behalf of Council, the Chairman expressed deepest sympathy to the late Mrs Sheldrick’s family and all Members stood for a minute’s silence as a mark of their respect.

Members paid tribute to the late Mrs Sheldrick, referring to her chairmanship skills and service to the residents of Thanet.

It was NOTED that a Memorial Service in honour of Mrs Sheldrick’s life would take place at 2.00 pm on Thursday, 16 August 2012 in All Saints Church, Birchington.

To receive petitions from the public in accordance with the Council’s Petitions Scheme.

Mr Darren Goodhall presented a petition from citizens of Thanet for “a free public skate park within our County”.  In doing so, he referred to:

a)  the condition of  the current skatepark;

b)  the potential of the site becoming a world class venue for BMX riding and skateboarding, attracting visitors from other parts of the UK, Europe and the USA;

c)  the expectation that redevelopment of the skatepark, at an estimated cost of £220,000, would substantially benefit the local economy and community, particularly the young. 

d)  the project tying in with regeneration of Margate;

e)  the success of newly built skateparks in other parts of the UK.

It was proposed by Councillor Johnston, seconded by the Leader:

“That the petition be referred to Cabinet”.

A debate ensued, during which Members expressed support for a new skatepark, but felt that all options, including locations and funding streams, would need to be explored.

On being put to the vote, this motion was declared CARRIED.

To receive questions received from the press or public in accordance with Council Procedure Rule 13.

It was NOTED that no questions had been received from the press or public in accordance with council Procedure Rule 13.

To receive questions from Members of the Council in accordance with Council Procedure Rule 14.

Councillor Bayford asked the Leader the following question:

“Will the Leader tell Council how he feels about one of his senior appointees running for public office on a platform that includes the legalising of drugs and prostitution?”

In response, the Leader pointed out that the only appointment which he had recently made was that of Cabinet Member for Housing and Planning and that all appointments of Chairmen and Vice-Chairmen to Committees had been made by Council.

To receive any Notices of Motion from Members of Council in accordance with Council Procedure Rule 16.

This motion has now been withdrawn by the proposer.

It was NOTED that this motion on notice had been withdrawn by the proposer.

It was proposed by Councillor King, and seconded by Councillor Marson:

“That Council has no confidence in the Diversity Champion, Councillor Worrow”.

It was proposed by Councillor Fenner, seconded by Councillor Poole:

“That Council does not debate this motion”.

Upon this motion being put to the vote, it was declared CARRIED.

Consequently, and in accordance with Council Procedure Rule 16.3, the motion on notice stood referred without discussion to Cabinet.

To receive the Leader’s report in accordance with Council Procedure Rule 2.2.

The Leader outlined the implications of the Government’s Welfare Reform proposals, which included an overall 10% cut in the amount of benefits, and referred to the potential detrimental effects which these could have on the poorest and most vulnerable members of our society. 

Councillor Bayford stated that the objective of the Welfare Reform was to simplify the system, encourage people back to work and make the system fairer for hard-working families.

Councillor King referred to the detrimental effect of tax evasion and bank failures on the economy.

In his reply, the Leader stated that poor working people were likely to suffer as a result of the Welfare Reform proposals and that a housing benefit cap could result in a migration of persons to coastal towns.

On the proposal of Councillor Green, seconded by Councillor Johnston, it was RESOLVED:

“That Council adopts the updated Statement of Community Involvement”.

Jo Wadey, Strategic Planning Officer, was thanked for her report.

Report to follow

The Chairman referred to the new Standards Complaints Form (Annex 1 to Annex 2 to the report) which had been circulated to Members prior to the meeting (and since published on the website).

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED that the recommendations as set out at paragraphs 9.1 to 9.14 of the report be adopted, namely:

1. That the recommendations of the Standards Committee be received and noted;

2. That the Revised Members’ Code of Conduct at Annex 1 to the officer’s report be approved and adopted as the Members’ Code of Conduct for Thanet District Council;

3. That the draft Arrangements for dealing with complaints alleging a failure by a District, Town or Parish Councillor to comply with the requirements of the Members’ Code of Conduct, as set out at Annex 2 to the officer’s report, be approved and adopted;

4. That a voluntary Standards Committee with the Terms of Reference set out at Annex 3 to the officer’s report, be established and that the establishment by the voluntary Standards Committee of an advisory Standards (Assessment) Sub Committee and an advisory Standards (Hearings) Sub Committee, be endorsed;

5. That political balance is waived in respect of the voluntary Standards Committee and that the elected members appointed to the statutory Standards Committee at the Annual Meeting of Council on 17 May 2012 be appointed as members of the voluntary Standards Committee to the date of the Annual Meeting of Council in 2013;

6. That Mr Robin Hills, Mrs Linda Frampton and Ms Miriam Sarrafan be appointed to the voluntary Standards Committee as co-opted Independent Members, such appointments and co-option to continue to the date of the Annual Meeting of Council in 2016;

7. That Councillor Jennifer Fletcher of Manston Parish Council and Councillor David Lawson of Broadstairs Town Council be appointed to the voluntary Standards Committee as co-opted Town/Parish representatives, such appointments and co-option to continue to the date of the Annual Meeting of Council in 2013;

8. That Mr Robin Hills and Mrs Linda Frampton be appointed as Chairman and Vice-Chairman respectively of the voluntary Standards Committee for the remainder of the 2012/13 council year.

9. That the Monitoring Officer be authorised to place a notice on the Council’s website seeking applications in writing from members of the public interested in becoming an Independent Member of the Standards Committee, all such applicants to be interviewed by the Standards External Appointments Panel, who shall make recommendations to Council on the appointment and co-option of any person including the duration of any such appointment and co-option;

10. That the Area Committee of the Thanet Association of Local Councils be requested to nominate a Town or Parish Councillor to be appointed and co-opted to the Standards Committee as a Town/Parish representative for` the remainder of the 2012/13 Council year;

11. That the proposed amendments to the Council Procedure Rules and Scheme of Delegations to officers, as set out in Annex 4 to the officer’s report, be approved;

12. That the Monitoring Officer be authorised to publicise  ...  view the full minutes text for item 30.

Report to follow

On the proposal of the Leader, seconded by the Deputy Leader, it was RESOLVED:

“That Option 1 for achieving proportionality, as outlined in the report, be adopted, namely:

-  That one seat is removed from the Conservative Group on the Planning Committee and that seat is given to the Labour Group

-  That one additional seat is added to the Overview and Scrutiny Panel and that seat is given to the Labour Group”.

The Leader notified Council of his nominations, as follows:

Councillor D Green to the Planning Committee;

Councillor Hibbert to the Overview & Scrutiny Panel;

Councillors E Green & Nicholson as substitutes to the Planning Committee.

The Shadow Leader notified Council that he had nominated:

Councillor S Tomlinson as Shadow Cabinet Member for Housing and Planning

Councillor Sullivan as a member to the Licensing Board to replace Councillor Gregory

and suggested that Councillor Binks be appointed Vice-Chairman of the Governance and Audit Committee, in place of Councillor S Tomlinson.

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED:

1. that Council notes the Leader’s and Shadow Leader’s nominations to Committees and the Shadow Leader’s change to the Shadow Cabinet;

2. that Councillor Binks be appointed Vice-Chaiman of Governance and Audit Committee, in place of Councillor S Tomlinson.

3. that Council notes the continued nomination of Parish Councillor Sheila Bransfield by the Thanet Association of Local Councils to the Joint Transportation Board.

It was noted that, “Crampton Tower Museum”, as referred to in Annex 2 to the report, should be taken to read, “Crampton Function Hall”.

The report was NOTED.

In response to a query raised by Councillor Wells, the Corporate & Regulatory Services Manager explained that the Council was not required to indemnify any debts which the former Trustees of Margate Theatre Royal Trust had failed to disclose.

The report was NOTED.

The report was NOTED.

Councillor Wells requested that a cost benefit analysis of the agreement entered into with Steam Museum Trust be provided to Members.

The report was NOTED.

It was noted that all Members present had a personal interest in this item (Minute No. 21 above refers).

It was proposed by the Leader, and seconded by Councillor Everitt:

“That the Members’ basic allowance be increased in line with the Consumer Price Index to £4,570.00 per annum, as from the date of this meeting.”

Upon being debated, and put to the vote, this motion was declared CARRIED.

It was noted that the date of the Standards Committee in March 2013 should read, Wednesday 13 March (not 3 March).

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED:

“That, subject to that amendment, the revised calendar of meetings for 2012/13 to 2014/15, as set out at Annex 1 to the report, be adopted”.

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED that the recommendations set out at paragraphs 7.1 and 7.2 of the report be adopted, namely:

1. That Thanet District Council’s constitution be amended to read as follows:

  I.  Council Procedure 16.3 to read:

The Member whose name appears first on the Notice will move the motion during his or her speech and call for a seconder.  If seconded, a Member from the controlling political group will be entitled to a reply, the motion shall then stand referred without further discussion to the Cabinet or appropriate Committee for determination or report unless the Council decides to debate the motion in accordance with Rule 19.

ll. Council Procedure Rule 16.4 (a) – to include the following paragraphs:

(iii)  Where a motion on notice would, if adopted, constitute the exercise of an executive function, that motion must be referred to the Cabinet (or relevant Cabinet portfolio holder as appropriate) for decision;

(iv)  The Chairman shall rule out of order any motion on notice that relates to the adoption of, or amendment to, a policy falling within the Council’s adopted Policy Framework if that policy or amendment (as the case may be) has not first been proposed by the Cabinet and considered by the Overview and Scrutiny Panel;

(v)  The Chairman shall rule out of order any motion on notice that proposes the adoption of, or amendment to, any policy outside the adopted Policy Framework which by law or this Constitution is the sole responsibility of the Cabinet;

(vi)  Any motion on notice that proposes the adoption of a policy or the taking of a decision where Council has not received a report from the officers setting out the technical, legal and financial implications of adopting the policy or taking the decision in question shall only be debated.  Following the conclusion of the debate, the only action that may be taken is to refer the motion to Cabinet for consideration.

 lll.  Rejecting motions on notice – to include the following paragraph:

    The Chairman of Council may rule out of order Motions on Notice that in his opinion:

a)  are defamatory in nature;

b)  are frivolous in nature; or

c)  contain offensive language.

2. That the Corporate and Regulatory Services Manager be given delegated authority to amend the Council’s Constitution in order to reflect any changes to it that are made as a result of Council’s decision on this matter.

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED that the recommendations as set out at paragraph 5 of the report be adopted, namely:

1. That the following options are adopted:

a)  In cases where the content of the decision report is not exempt within the meaning of Schedule 12A of the Local Government Act 2000, Ward Members will be notified of the decision as soon as the decision is taken;

b)  In cases where the content of the decision report is exempt within the meaning of Schedule 12A of the Local Government Act 2000 and that exemption does not relate to commercial or contractual matters, Ward Members will be notified of the decision as soon as the decision has been taken, but without disclosure of the exempt matters (for example, if the exemption relates to the identification of individual or personal matters, those details will not be disclosed until after the decision has been implemented);

c)  In cases where the content of the decision report is exempt within the meaning of Schedule 12A of the Local Government Act 2000 and that exemption relates to commercial or contractual matters, Ward Members will be notified of the decision as soon as the decision has been implemented.

2. That Access to Information Procedure Rule 20.1 be amended to read:

Reports intended to be taken into account

When an individual Cabinet member is taking a key decision they must make that decision considering a report from the relevant officer and that decision must not be made until 5 clear working days after receipt of that report.

When an officer is taking a key decision they must make that decision considering a report and that decision must be made until 5 clear working days after receipt of that report.

On the proposal of the Chairman, seconded by the Vice-Chairman, it was RESOLVED that the recommendation at paragraph 4 of the report be adopted, namely:

“That Council Procedure Rule 2.2 be amended to read as follows:

The Leader of the Council may make an oral report, not exceeding ten minutes, on key issues arising since the last meeting of Council.

The Leaders of any other Political Group may comment on the Leader’s Report.  The comments of the Leaders of the other Political Groups shall be limited each to five minutes.  The other Group Leaders will comment in an order determined by the number of Councillors within those Political Groups, with the largest Group commenting first, and so on.

The Leader has a right of reply to each Group Leader limited to two minutes, in hierarchical order, to any comments made on his/her report.

The total time (including time slots as mentioned above) will be limited to 31 minutes.

The Leader of the Council and the Leader of any other Political Group may appoint substitutes to speak on their behalf.

No motions may be moved nor resolutions passed under this item.”