Agenda and minutes

Apologies for absence were received from Councillors Larkin, Mahon and Tonkiss.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

The following declarations of interest were received:

Minutes of the meeting held on 27 March 2008.

RESOLVED:  

That the Minutes of the meeting of the Council held on 27 March 2008 be confirmed as a correct record.

Death of Former Mayoress - Mrs. Mary Fanning

The Mayor reported on the sad death of ex-Mayoress Mrs. Mary Fanning last month.  Mary had accompanied her husband, former Councillor Nicholas Fanning JP, on many of their engagements carried out during their term of office as Mayor and Mayoress during 1994/1995.

The Council then stood in silence for one minute as a mark of respect.

Welcome to Newly Elected Members

The Mayor welcomed Councillors Bradshaw, Gibson and Gustafson who were elected to the Council at the local elections on 1 May 2008 to their first Council meeting and extended best wishes to them in their future duties as Members of the Council.

Councillor Eric Storey

The Mayor reported that this year marked the 50th anniversary of Councillor Storey’s election to the former Formby Urban District Council in 1958, which he served on until his election to Sefton Council on 10 May 1973. 

Councillor Storey had twice served as Mayor of Sefton (1979/80 and 1987/88); and served on many Committees, including the Planning Committee and the former Policy and Resources and Education Committees.

The Mayor congratulated Councillor Storey on his fifty years in politics and Councillor Parry paid tribute to his loyal service to the community and Conservative Group, his integrity and sense of humour.  Councillor Storey expressed thanks for the kind wishes extended to him by the Council.

Appointment of Deputy Mayor

The Mayor reported that the Conservative Group will be nominating Councillor Alf Doran to be Deputy Mayor for 2008/09 at the Annual Council Meeting on 15 May 2008 and Councillor Doran expressed thanks for the nomination.

Public Session

To deal with matters raised by members of the public within the Borough, in accordance with

the procedures relating to Petitions, Public Questions and Motions set out in

Rule 11 of the Council and Committee Procedure Rules.

(Details of any further Petitions notified or Questions submitted to the

Legal Director by members of the public in accordance with Rule 11 will be

circulated at the Meeting).

The Mayor reported that members of the public had not submitted any questions.

Council Business Session

To receive and consider questions to Cabinet Members, Chairs of Committees or Spokespersons for any of the Joint Authorities upon any matter within their portfolio/area of responsibility, of which notice has been given in accordance with Rule 12 of the Council and Committee Procedure Rules.

The Mayor reported that no questions had been submitted.

Report of the Legal Director

The Council considered the report of the Legal Director on the Standards Committee (England) Regulations 2008 which had come into effect from 8 May 2008.  The Regulations provide that any complaints against Members alleging breach of the revised Code of Conduct will no longer be assessed by the Standards Board of England.  Instead all complaints will need to be assessed and dealt with by the Council’s Standards Committee.

The report recommended that the size of the Standards Committee be increased; the terms of reference for the Standards Committee be revised and that two new Sub-Committees be established.

RESOLVED:   That

(1)       the number of Elected Members on the Standards Committee (currently 1-1-1) be increased to 1-1-1 plus a Cabinet Member and that two further interim nominations be made to be confirmed in full at the Council meeting on 10 July 2008 (see Minute No. 106);

(2)       a public advertisement be placed to recruit a third additional independent Member with a view to approving the appointment at the Council meeting on 10 July 2008;

(3)       an additional Parish Representative be sought from the Sefton Area Partnership of Local Councils;

(4)       the terms of reference of the Standards Committee, Assessment Sub-Committee and Review Sub-Committee as set out at Annex 1 of the report be approved; and

(5)            training be arranged for all Members, Interim and Substitute Members of the Standards Committee.

Report of the Environmental Protection Director.

Further to Minute No. 347 of the meeting of the Cabinet held on 17 April 2008, the Council considered the report of the Environmental Protection Director which sought approval for delegated authority to be given to his post to approve the list of Proper Officers for public health functions.

RESOLVED:  

That approval be given to the amendment of Part 3 of the Council’s Constitution (Responsibility for Executive Functions) by the delegation of the following function to the Environmental Protection Director:

“to appoint officers and to approve the Proper Officer list for public health functions under the Public Health (Control of Disease) Act 1984, the Public Health (Infectious Diseases) Regulations 1988, the National Assistance Act 1948 and the National Assistance (Amendment) Act 1951”.

Report of the Chief Executive.

The Council considered the report of the Chief Executive which sought delegated authority to be given to the Cabinet to finalise the detail of Sefton’s new Local Area Agreement 2008-2011.

RESOLVED:  

That delegated authority be given to the Cabinet to finalise the detail of, and approve the Local Area Agreement 2008-2011.

Details to be circulated prior to the commencement of the Meeting.

1.            Gambling Act 2005 - Removal of Stay Period under Section 208(2).

RESOLVED:  

That Minute No. 50 of the Licensing and Regulatory Committee meeting held on 26 November 2007, as recommended by the Cabinet at the meeting held on 29 November 2007 (Minute No. 176 refers), be approved and the Licensing Sub-Committee be given delegated authority to disapply the Stay provision under Section 208(2) of the Gambling Act 2005 when making a determination under Part 8 of the Act, on a case by case basis.

2.            Recruitment of New Chief Executive

RESOLVED:  

That Minute No. 35 of the Employment Procedure Committee held on 8 May 2008 be approved and the meeting of the Council on 4 September 2008 be rescheduled to 18 September 2008.

Report of the Legal Director.

The Council considered a report of the Legal Director setting out details of those matters dealt with in accordance with Rule 17 of the Scrutiny Procedure Rules (Call-In and Urgency).

Details of the proposed nominations will be circulated prior to the commencement of the Meeting.

The Council considered a draft motion and schedule indicating the nominations submitted by the three political groups for the Membership of the Cabinet, Committees, Chairs, Vice-Chairs and Spokespersons for 2008/09, which had been circulated prior to the meeting.

It was moved by Councillor Brodie-Browne, seconded by Councillor Robertson:

That the meeting be adjourned to allow the Leaders of the three political groups to discuss the political conventions of the Council.

The motion was put to the vote and, on a show of hands, the Mayor declared that the motion was not carried by 31 votes to 26.

At this point, the Legal Director requested that the meeting be adjourned for a short period, to allow her to speak to the Leaders.

Upon their return to the Council Chamber the meeting resumed.

It was then moved by Councillor Brodie-Browne, seconded by Councillor Blackburn:

That:

(1)      Councillor Robertson as the Leader of the Liberal Democrat Group, be appointed as the Leader of the Council;

(2)      the Cabinet and Spokespersons comprising the Members set out in the schedule circulated prior to the meeting be appointed for 2008/09 to take effect from the date of this meeting; and

(3)      the Committees, Chairs, Vice-Chairs and Spokespersons comprising the Members set out in the schedule circulated prior to the meeting be appointed for 2008/09, to take effect from the date of this meeting.

At this point, an amendment was moved by Councillor P. Dowd, seconded by Councillor Maher:

1.       that the Council appoint to 9 of the 10 seats on the Cabinet on a proportionate basis of 3:3:3;

2.       that the post of Cabinet Member - Performance be suspended and not filled and the duties, delegations and responsibilities of the portfolio be temporarily assigned to the Leader pending a further review of the Cabinet membership, composition, duties and responsibilities at a future date;

3.       that the Legal Director submit a report to a future meeting of the Council on the creation of two Deputy Leader posts, who shall be the Leaders of the two Opposition Groups;

4.       that the Chairs, Vice-Chairs and Substitutes of the following Committees as shown in the schedule be replaced by Members of the following Groups and that the Chairs, Vice-Chairs and Substitutes shown, serve as ordinary members thereof:

·         Overview and Scrutiny Committee (Children’s Services) - Conservatives to replace Liberal Democrats

·         Overview and Scrutiny Committee (Health and Social Care) - Labour to replace Liberal Democrats

·         Audit and Governance Committee - Labour to replace Liberal Democrats

Following on from this, it was moved by Councillor P. Dowd, seconded by Councillor Brodie-Browne and

RESOLVED:  

That the meeting be adjourned to allow the Leaders of the three Political Groups to discuss the amendment and the political conventions of the Council.

Following an adjournment of 1 hour 20 minutes, the meeting resumed and a debate took place on the amendment.

During the debate, the requisite number of Members having signified their wish that the voting on the amendment should be recorded, in accordance  ...  view the full minutes text for item 106.

Details of the proposed representation on the following bodies will be circulated prior to the commencement of the Meeting:

(i)              Merseyside Fire and Civil Defence Authority

(ii)             Merseyside Passenger Transport Authority

(iii)            Merseyside Waste Disposal Authority

(iv)           Merseyside Police Authority (nominations only – appointments will be made by the Merseyside Police Authority Appointments Committee)

RESOLVED:

That the following Members be appointed to serve on the Joint Authorities for 2008/09: