Agenda and minutes

Apologies for absence were received from Councillors Pearson, Preece and Webster.

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.

Member	Minute	Reason	Action
Councillor Brennan	123 - Gardner Avenue Allotments	Prejudicial - he had a plot on the allotment site and knows some of the parties referred to in the Ombudsman's Report	Left the room during the consideration of the item.
Councillor Brodie-Browne	123 - Gardner Avenue Allotments	Personal - he has a plot on an allotment site within Sefton	Took part in the consideration of the item and voted thereon
Councillor Hardy	123 - Gardner Avenue Allotments	Personal - the partner of one of her distant relatives has a plot on the allotment site	Took part in the consideration of the item and voted thereon
Councillor Maher	123 - Gardner Avenue Allotments	Personal - the partner of one of his distant relatives had a plot on the allotment site	Took part in the consideration of the item and voted thereon
Councillor Veidman	123 - Gardner Avenue Allotments	Prejudicial - he knows some of the parties referred to in the Ombudsman's Report	Left the room during the consideration of the item.

Minutes of the Ordinary Council Meeting held on 25 March 2010

RESOLVED:  

 

That the Minutes of the Council meeting held on 25 March 2010 be approved as a correct record.

Former Councillor Connie McCarthy

 

The Mayor reported on the sad death of former Councillor Connie McCarthy. Mrs McCarthy passed away on May 2010, and her funeral took place on 7 May 2010.  Mrs. McCarthy served Manor Ward from 1999.

 

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

 

Election of New Councillors

 

The Mayor congratulated all of the Councillors who were re-elected to office following the Local Government Elections held on 6 May 2010, and extended a warm welcome to the 8 new Councillors who were elected to office, namely Councillors Anthony Carr, Linda Cluskey, Sean Dorgan, Denise Dutton, Bruce Hubbard, John Kelly, David McIvor and Haydn Preece.

 

The Mayor also expressed the gratitude of the Council to the three former Councillors who were not re-elected to office, for their dedicated service to the Borough of Sefton

 

Mons Visit

 

The Mayor reported that a delegation from the twin town of Mons had visited Sefton last month where discussions took place to formulate a 5 year Twinning plan.  The discussions also covered Mons’ bid for the European Capital of Culture in 2015, which had subsequently been approved.  The delegation also took the opportunity to visit Southport Theatre and Convention Centre and the new Crosby Lakeside Adventure Centre.

 

The Mayor expressed his thanks to all Council Departments who assisted in making our visitors most welcome and for making the visit a most productive one for both parties.

 

Southport Football Club

 

The Mayor on behalf of the Council extended congratulations to Southport Football Club for their recent success in becoming Champions of the Blue Square Bet North League for 2009/10 and their promotion to the Blue Square Bet Premier League.  He also reported that the Club had won the Lancashire Junior Cup for 2009/10.

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 Interim Head of Corporate Legal Services 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 petitions or questions.

To receive and note the report of the Assistant Chief Executive and Returning Officer on the results of the Council Elections held on 6 May 2010

The Council considered the report of the Assistant Chief Executive and Returning Officer on the results of the Council Elections held on 6 May 2010.

 

It was moved by Councillor Robertson, seconded by Councillor Brodie=-Browne and

 

RESOLVED:  

 

That the report be noted.

To appoint the Leader of the Council for a four year term of office or until such time as his/her term of office expires.

It was moved by Councillor Blackburn, seconded by Councillor Brodie-Browne and

 

RESOLVED:  

 

That Councillor Robertson as the Leader of the Liberal Democrat Group (the largest political group on the Council) be appointed as the Leader of the Council for a period of four years or until such time as his term of office expires.

To receive and note the report of the Leader of the Council on the size, composition and portfolios of the Cabinet and the appointment of the Deputy Executive Leader and Deputy Leader (to be circulated prior to the commencement of the Council Meeting)

The Council considered the report of the Leader of the Council on the proposed membership of the Cabinet and their Portfolios, and the appointment of the Spokespersons, Deputy Executive Leader and Deputy Leader.

 

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

 

RESOLVED:   That

 

(1)            Councillor  P. Dowd as Leader of the Labour Group, (the second largest political group on the Council) be appointed as the Deputy Executive Leader for a four year term of office or until such time as his term of office expires;

 

(2)            Councillor Parry as the Leader of the Conservative Group, (the third largest political group on the Council) be appointed as the Deputy Leader for a four year term of office or until such time as her term of office expires; and

 

(3)       the Cabinet and Spokespersons comprising the Members indicated below be appointed for a four year term of office or until such time as their term of office expires.

 

CABINET (10)

 

(Lib Dem 4 / Lab 4 / Con 2)

 

Portfolio	Member
Leader	Cllr. Robertson
Cabinet Member - Children’s Services	Cllr. Moncur
Cabinet Member - Communities	Cllr. P. Dowd
Cabinet Member - Corporate Services	Cllr. Parry
Cabinet Member - Environmental	Cllr. Tattersall
Cabinet Member - Health and Social Care	Cllr. Porter
Cabinet Member - Leisure and Tourism	Cllr. Booth
Cabinet Member - Performance and Governance	Cllr. Brodie-Browne
Cabinet Member - Regeneration	Cllr. Maher
Cabinet Member - Technical Services	Cllr. Fairclough

 

CABINET URGENT BUSINESS COMMITTEE (3)

 

The 3 Party Leaders or their nominees (who must be Cabinet Members).

 

Councillors Robertson, P. Dowd and Parry

 

CABINET MEMBER - CHILDREN’S SERVICES

 

Member	Substitute
Cllr. Moncur	Cllr. P. Dowd

 

Spokespersons	Substitute
Cllr. Cuthbertson	Cllr. Doran
Cllr. Preece	Cllr. Howe

 

The Education Added Members - Mr. A. Bell and 1 Vacancy (Church Diocesan Representatives); Mrs. S. Cain and 1 Vacancy (Parent Governor Representatives) are invited to attend the Cabinet Member - Children’s Services Meetings.

 

Mr. R. Gregson (Sefton Governors Forum) is also invited to attend the meetings.

 

CABINET MEMBER - COMMUNITIES

 

Member	Substitute
Cllr. P. Dowd	Cllr. Moncur

 

Spokespersons	Substitute
Cllr. Doran	Cllr. Cuthbertson
Cllr. C. Mainey	Cllr. Hands

 

CABINET MEMBER - CORPORATE SERVICES

 

Member	Substitute
Cllr. Parry	Cllr. Porter

 

Spokespersons	Substitute
Cllr . Shaw	Cllr. McGuire
Cllr. Veidman	Cllr. McGinnity

 

CABINET MEMBER - ENVIRONMENTAL

 

Member	Substitute
Cllr. Tattersall	Cllr. Booth

 

Spokespersons	Substitute
Cllr. Dutton	Cllr. Ibbs
Cllr. Hardy	Cllr. Friel

 

CABINET MEMBER – HEALTH AND SOCIAL CARE

 

Member	Substitute
Cllr. Porter	Cllr. Parry

 

Spokespersons	Substitute
Cllr. Brennan	Cllr. Friel
Cllr. D. Rimmer	Cllr. Preston

 

CABINET MEMBER - LEISURE AND TOURISM

 

Member	Substitute
Cllr. Booth	Cllr. Robertson

 

Spokespersons	Substitute
Cllr. Cummins	Cllr. Webster
Cllr. Griffiths	Cllr. Glover

 

CABINET MEMBER - PERFORMANCE AND GOVERNANCE

 

Member	Substitute
Cllr. Brodie-Browne	Cllr. Tattersall

 

Spokespersons	Substitute
Cllr. Friel	Cllr. Brennan
Cllr. McIvor	Cllr. Barber

 

CABINET MEMBER - REGENERATION

 

Member	Substitute
Cllr. Maher	Cllr. Fairclough

 

Spokespersons	Substitute
Cllr. Dorgan	Cllr. Pearson
Cllr. Hough	Cllr. Sumner

 

CABINET MEMBER - TECHNICAL SERVICES

 

Member	Substitute
Cllr. Fairclough	Cllr. Maher

 

Spokespersons	Substitute
Cllr. Jones	Cllr.  ...  view the full minutes text for item 112.

Report of the Neighbourhoods and Investment Programmes Director

The Mayor reported that the report of the Neighbourhoods and Investment Programmes Director had been deferred from consideration at the meeting to enable further consideration to be given to this issue within each political group and as this was an annual constitutional issue, the proposals contained within the report would not be considered until the next Annual Council Meeting.

The Council considered the report of the Chief Executive on the allocation of Committee Places in accordance with the Political Balance Rules and a schedule on the proposed Membership of the Committees and Working Groups for 2010/11.

 

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

 

RESOLVED:   That

 

(1)       the allocation of Committee places in accordance with the Political Balance Rules be noted;

 

(2)       the Members, Chairs, Vice-Chairs and Spokespersons for the Overview and Scrutiny Committees set out below be appointed for a period of twelve months until the Special Council Meeting to be held in May 2011, subject to any changes which may be made following the forthcoming review of the Overview and Scrutiny function; and

 

(3)       the Members, Chairs, Vice-Chairs and Spokespersons for the Committees and Working Groups set out below be appointed for a period of twelve months until the Special Council Meeting to be held in May 2011.

 

(A)            OVERVIEW AND SCRUTINY COMMITTEES

 

OVERVIEW AND SCRUTINY COMMITTEE (CHILDREN’S SERVICES) (10)

 

Plus 4 Education Added Members

 

(Lib Dem 5/Lab 3/Con 2)

 

	Member	Substitute
1.	Chair: Cllr. Hands	Cllr. Tonkiss
2.	Vice-Chair: Cllr. Hough	Cllr. Weavers
3.	Cllr. Bradshaw	Cllr. L. Cluskey
4.	Cllr. Byrom	Cllr. Kerrigan
5.	Cllr. Cummins*	Cllr. Veidman
6.	Cllr. Dorgan	Cllr. Dutton
7.	Cllr. Glover*	Cllr. Sir Ron Watson
8.	Cllr. Hubbard	Cllr. Dodd
9.	Cllr. C. Mainey	Cllr. Blackburn
10	Cllr. S. Mainey	Cllr. Byrne

* Spokesperson

 

Education Added Members:-            Father D. Seddon and 1 Vacancy

                                    (Church Diocesan Representatives);

                                    Mrs. S. Cain and 1 Vacancy.

                                    (Parent Governor Representatives)

 

 

OVERVIEW AND SCRUTINY COMMITTEE (HEALTH & SOCIAL CARE) (10)

 

(Lib Dem 4/Lab 4/Con 2)

 

	Member	Substitute
1.	Chair: Cllr. Hill	Cllr. Dodd
2.	Vice-Chair: Cllr. Larkin	Cllr. Hubbard
3.	Cllr. L. Cluskey	Cllr. Tweed
4.	Cllr. Howe	Cllr. C. Mainey
5.	Cllr. Jones	Cllr. Barber
6.	Cllr. McGinnity	Cllr. Hardy
7.	Cllr. McGuire	Cllr. S. Mainey
8.	Cllr. Pearson*	Cllr. Ibbs
9.	Cllr. Veidman	Cllr. Brennan
10.	Cllr. Webster*	Cllr. Bradshaw

* Spokesperson

 

OVERVIEW AND SCRUTINY COMMITTEE (PERFORMANCE AND CORPORATE SERVICES) (10)

 

(Lib Dem 4/Lab 4/Con 2)

 

	Member	Substitute
1.	Chair: Cllr. Ibbs	Cllr. Cuthbertson
2.	Vice-Chair: Cllr. Papworth	Cllr. Dorgan
3.	Cllr. Byrne*	Cllr. Hubbard
4.	Cllr. Byrom	Cllr. Veidman
5.	Cllr. Carr	Cllr. M. Dowd
6.	Cllr. Fenton	Cllr. Larkin
7.	Cllr. Gibson	Cllr. Hill
8.	Cllr. Kelly	Cllr. Brady
9	Cllr. McGinnity*	Cllr. Cummins
10.	Cllr. Weavers	Cllr. Sumner

* Spokesperson

 

OVERVIEW AND SCRUTINY COMMITTEE (REGENERATION AND ENVIRONMENTAL SERVICES) (10)

 

(Lib Dem 5/Lab 3/Con 2)

 

	Member	Substitute
1.	Chair: Cllr. Papworth	Cllr. Barber
2.	Vice-Chair: Cllr. Pearson	Cllr. Sir Ron Watson
3.	Cllr. K. Cluskey*	Cllr. Kelly
4.	Cllr. Gustafson	Cllr. Webster
5.	Cllr. Hardy	Cllr. Tweed
6.	Cllr. Hubbard	Cllr. B. Rimmer
7.	Cllr. Larkin	Cllr. Preece
8.	Cllr. C. Mainey*	Cllr. Fenton
9.	Cllr. S. Mainey	Cllr. Hill
10.	Cllr. Weavers	Cllr  Gibson

* Spokesperson

 

(B)            REGULATORY AND OTHER COMMITTEES

 

APPEALS COMMITTEE

 

All Members of the Council (other than Cabinet Members) to form a Panel from which  ...  view the full minutes text for item 114.

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

 

RESOLVED:  

 

That the terms of reference of the Committees and Working Groups as set out in Part 3 of the Council Constitution be approved.

To approve the Council’s representation on the following Joint Authorities:

 

(i)              Merseyside Fire and Rescue Authority

 

(ii)             Merseyside Integrated Transport Authority

 

(iii)            Merseyside Waste Disposal Authority

 

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

 

(Details of the proposed representation on the above bodies will be circulated prior to the commencement of the Council Meeting)

The Council considered a schedule on the proposed representation on the Merseyside Joint Authorities for 2010/11.

 

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

 

RESOLVED:  

 

That the following Members be appointed to serve on the following Merseyside Joint Authorities in 2010/11:

 

Joint Authority	Representative
Merseyside Fire and Rescue Authority	Councillors Barber (Con), Blackburn (LD), Byrom (Lab) and Mahon (Lab)
Merseyside Integrated Transport Authority	Councillors Dodd (LD), M. Dowd (Lab), Griffiths (Con), and Sumner (LD)
Merseyside Waste Disposal Authority	Councillors K. Cluskey (Lab) and Tattersall (LD)
Merseyside Police Authority (Nominations only - appointed by the Merseyside Police Authority Appointments Committee).	Councillors Howe (LD) and Kerrigan (Lab)

 

(Details of the proposed representation on the Sefton Borough Partnership will be circulated prior to the commencement of the Council Meeting)

The Council considered a schedule on the proposed representation on the Strategic Board and Thematic Partnerships/Groups of the Sefton Borough Partnerships for 2010/11.

 

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

 

RESOLVED:   That

 

(1)      the following Members be appointed to serve on the Strategic Board of the Sefton Borough Partnership in 2010/11:

 

Leader of the Council (Councillor Robertson) and the Leaders of Other Political Groups (Councillors P. Dowd and Parry) plus the following representatives which are subject to approval by the appropriate Joint Authority:

 

·                 Representative from Merseyside Fire and Rescue Authority

(Councillor Barber)

 

·                 Representative from Merseyside Integrated Transport Authority

(Councillor Dodd)

 

·                 Representative from Merseyside Police Authority

(Councillor Howe)

 

·                 Representative from Merseyside Waste Disposal Authority

(Councillor K. Cluskey)

 

(2)      the following members set out below be appointed to serve on the Thematic Partnerships/Groups of the Sefton Borough Partnership in 2010/11:

 

Thematic Partnership	Number of Representatives		Member		Substitutes
Children and Young People	1		Cabinet Member - Children's Services (Cllr. Moncur)		Cllr. Cummins
Economic Development  and Sustainability	4		Cabinet Member - Environmental (Cllr. Tattersall) Cabinet Member - Leisure and Tourism (Cllr. Booth) Cabinet Member - Regeneration (Cllr. Maher) Cabinet Member - Technical Services (Cllr. Fairclough)		Cllr. Weavers     Cllr. Brodie-Browne     Cllr. K. Cluskey     Cllr. Veidman
Healthier Communities and Older People	1		Cabinet Member - Health and Social Care (Cllr. Porter)		Cllr. D. Rimmer
Neighbourhood Regeneration Thematic Group		6		Cabinet Member - Communities (Cllr. P. Dowd) Cabinet Member - Regeneration (Cllr. Maher) Cabinet Member - Technical Services (Cllr. Fairclough) Cllr. Hardy Cllr. Mahon Cllr.  C. Mainey	Cllr. Moncur     Cllr. K. Cluskey     Cllr. Veidman     Cllr. Tweed Cllr. Brennan Cllr. Hough
Safer and Stronger Communities Partnership		1		Cabinet Member - Communities (Cllr. P. Dowd)	Cllr. Kerrigan
Related Groups/ Partnerships   Sefton Compact Working Group		2		Cabinet Member - Communities (Cllr. P. Dowd) Cllr. C. Mainey	Cllr. Kerrigan     Cllr. Hough
Public Engagement and Consultation Panel		3		Cabinet Member - Performance and Governance) (Cllr. Brodie-Browne) Cllr. Friel Cllr. McIvor	-         - -

 

Report of the Neighbourhoods and Investment Programmes Director

Further to Minute No. 350 of the Cabinet Meeting held on 15 April 2010, the Council considered the report of the Neighbourhoods and Investment Programmes Director seeking delegated powers and duties in relation to the provision of loans to facilitate re-housing as part of the Newheartlands Housing Market Renewal Programme.

 

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

 

RESOLVED:  

 

That Part 3 (Responsibility for Functions) of the Council Constitution be amended by the addition of the following:

 

REGENERATION

 

Neighbourhoods and Investment Programme Director

 

Power to deal with all matters relating to the provision of loans to facilitate re-housing as part of the Newheartlands Housing Market Renewal Programme.

 

Subject to:

 

1.       an approved budget for such financial assistance being available, and

 

2.       the power to amend the criteria used when making awards of financial assistance provided that such decisions and the grounds for them are reported promptly to the Cabinet Member - Regeneration.

Report of the Neighbourhoods and Investment Programmes Director

Further to Minute No. 349 of the Cabinet Meeting held on 15 April 2010, the Council considered the report of the Neighbourhoods and Investment Programmes Director seeking approval to the implementation of a new Enforced Sales Procedure.

 

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

 

RESOLVED:  

 

That the Council Constitution be amended to enable the Cabinet Member - Regeneration to have delegated powers to authorise the use of the Enforced Sales Procedure.

Report of the Assistant Chief Executive

Further to Minute No. 333 of the Cabinet meeting held on 15 April 2010, the Council considered the report of the Assistant Chief Executive seeking approval to the implementation of a Petitions Scheme as required by Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009.

 

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

 

RESOLVED:   That

 

(1)       the Petition Scheme attached at Appendix 1 of the report be approved for implementation; and

 

(2)            consequential amendments be made to the Council Constitution to ensure consistency with the petitions scheme.

Report of the Interim Head of Corporate Legal Services

Further to Minute No. 331 of the Cabinet Meeting held on 15 April 2010, the Council considered the report of the Interim Head of Corporate Legal Services on proposed amendments to the Council Constitution to reflect the new Senior Management structure and the statutory requirements with regard to a designated Scrutiny Officer and the terms of reference of the Standards Committee.

 

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

 

RESOLVED:   That

 

(1)            approval be given to the amended Delegations to Officers and consequential minor changes to Portfolios, set out in the report;

 

(2)       the Assistant Chief Executive be formally appointed as the Council's "Scrutiny Officer" as required by Section 31 of the Local Democracy, Economic Development and Construction Act 2009; and

 

(3)       the terms of reference of the Standards Committee be amended pursuant to Section 202 of the Local Government and Public Involvement in Health Act 2007.

To note that the Council meetings scheduled to be held during the Municipal Year 2010/11 are as follows:

 

• 20 May 2010 (Annual Meeting)
• 8 July 2010
• 2 September 2010
• 21 October 2010
• 16 December 2010
• 13 January 2011
• 3 March 2011 (Budget Meeting)
• 24 March 2011

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

 

RESOLVED:  

 

That it be noted that the Council meetings scheduled to be held during the Municipal Year 2010/11 are as follows:

 

·                 20 May 2010 (Annual Meeting)

·                 8 July 2010

·                 2 September 2010

·                 21 October 2010

·                 16 December 2010

·                 13 January 2011

·                 3 March 2011 (Budget Meeting)

·                 24 March 2011.

Report of the Interim Head of Corporate Legal Services

Further to Minute No. 330 of the Cabinet Meeting held on 15 April 2010 the Council considered the report of the Interim Head of Corporate Legal Services which incorporated the Further Report of the Local Government Ombudsman following her investigation into two complaints arising from incidents at the Gardner Avenue Allotment Site, Bootle.

 

The Council also considered two sets of correspondence submitted by the complainants "Mrs. B. and Mr. C." referred to in the report from the Local Government Ombudsman.

 

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

 

RESOLVED:  

 

That the decision of the Cabinet of 15 April 2010 (Minute No. 330) to not accept the action recommended by the Ombudsman in her Further Report dated 25 February 2010 be confirmed and endorsed and the Chief Executive be authorised to write to the Ombudsman to inform her of the Council's decision.

Report of the Interim Head of Corporate Legal Services

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