Agenda and minutes

Adjourned Annual Meeting, Council - Thursday 21st May, 2015 6.30 pm

Venue: Town Hall, Bootle

Contact: Steve Pearce  Democratic Services Manager

Items
No. Item

6.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Jo Barton, Brodie-Browne, Dowd, Kerrigan and Thompson.

7.

Declarations of Interest

Members are requested to give notice of any disclosable pecuniary interest, which is not already included in their Register of Members' Interests and the nature of that interest, relating to any item on the agenda in accordance with the Members Code of Conduct, before leaving the meeting room during the discussion on that particular item.

Minutes:

No declarations of any disclosable pecuniary interest were received.

8.

Minutes of Previous Meeting pdf icon PDF 99 KB

Minutes of the Ordinary Council meeting held on 23 April 2015.

Minutes:

RESOLVED:

 

That the minutes of the Council meeting held on 23 April 2015 be approved as a correct record.

9.

Mayor's Communications

Minutes:

Election of New Councillors

 

The Mayor congratulated all of the Councillors who were re-elected to office following the Local Government Elections held on 7 May 2015, and extended a warm welcome to the following 7 new Councillors elected to office, who stood up in the Council Chamber to introduce themselves to the other Members of the Council:

 

Harry Bliss, Clare Carragher, Timothy Hale, Simon Jamieson, Daniel Terence Lewis, John Sayers and Paula Spencer.

 

Councillor Not Re-Elected

 

The Mayor indicated that he wished to place on record the gratitude of the Council to Tony Robertson, the  former Councillor who was not re-elected to office, for his dedicated service to the Borough of Sefton over a period of 16 years.

 

Annual Council and Installation Dinner

 

The Mayor thanked all of the Councillors who attended his Installation Ceremony and Dinner on 19 May 2015 and expressed the hope that they had all enjoyed themselves.

 

Dr. Janet Atherton, Director of Public Health

 

The Mayor reported that this would be the last Council meeting that Dr. Janet Atherton, Director of Public Health, would attend before she left the Council at the end of June 2015.

 

Janet had worked in Sefton as the Director of Public Health since 2002 formerly as part of the NHS and since 2013 as an employee of Sefton Council.

 

Janet trained in medicine and Public Health in the North East before moving to the North West in 1994. She had played a significant part in Public Health over the last 20 years and had gained a national reputation, having been President of the Association of Directors of Public Health for the last three years.

 

The Mayor indicated that Janet was off to pursue a career in consultancy and on behalf of the Council he extended best wishes to Janet for every success in her future ventures.

10.

Election Results - 7 May 2015 pdf icon PDF 65 KB

To receive and note the report of the Chief Executive and Returning Officer on the results of the Council Elections held on 7 May 2015.

Minutes:

The Council considered the report of the Chief Executive and Returning Officer on the results of the Council Elections held on 7 May 2015.

 

It was moved by Councillor Grace, seconded by Councillor Fairclough and

 

RESOLVED:

 

That the report be noted.

11.

Leader of the Council

The Council is requested to appoint a Leader of the Council for a period of four years until the Adjourned Annual Council meeting in May 2019 or until such time as the term of office expires.

Minutes:

It was moved by Councillor Grace, seconded by Councillor Fairclough and

 

RESOLVED:

 

That Councillor Maher be appointed as the Leader of the Council for a four year term of office or until such time as his term of office expires.

12.

Cabinet and Deputy Leader of the Council pdf icon PDF 44 KB

Report of the Leader of the Council to be circulated prior to the meeting.

Minutes:

It was moved by Councillor Maher, seconded by Councillor Hardy:

 

“That

 

(1)       it be noted that Councillor Fairclough had been appointed as the Deputy Leader of the Council for a four year term of office or until such time as his term of office expires;

 

(2)       it be noted that the Cabinet comprising the Members indicated below had been appointed for a four year term of office or until such time as their term of office expires, they are removed by the Leader or for any of the reasons set out in Paragraph 4 (a) to (c) of Chapter 5 in the Constitution:

 

Cabinet (9)

 

Portfolio

Member

Leader of the Council

Councillor Maher

Cabinet Member – Adult Social Care

Councillor Cummins

Cabinet Member – Children, Schools and Safeguarding

Councillor John Joseph Kelly

Cabinet Member – Communities and Housing

Councillor Hardy

Cabinet Member – Health and Wellbeing

Councillor Moncur

Cabinet Member – Locality Services

Councillor Fairclough

Cabinet Member – Regeneration and Skills

Councillor Atkinson

Cabinet Member – Regulatory, Compliance and Corporate Services

Councillor Lappin

Cabinet Member – Chair of Planning

Councillor Veidman

 

(3)       the Portfolios set out in Chapter 5 of the Constitution be amended and agreed with the Leader and be lodged with the Monitoring Officer as set out in Paragraph 9 of Chapter 5 in the Constitution;

 

(4)       it be noted that there would be no additional cost of the above arrangements because the Special Responsibility Allowance for Cabinet Members would be adjusted to ensure the new arrangements are cost neutral and the Independent Remuneration Panel be requested to confirm this position; and

 

(5)       the Monitoring officer be authorised to make any consequential amendments to the Constitution arising from the matters set out above, all Members of the Council be notified of those changes in due course and if necessary, any changes be referred to the Audit and Governance Committee for consideration.”

 

An amendment was moved by Councillor Dawson, seconded by Councillor Shaw that Paragraph 4 of the Motion be amended by deleting the existing text and substituting it with the following text:

 

“(a)      The Council does not wish to have any increased expenditure incurred through increased allowances to Cabinet Members; and

 

(b)       In accordance with S.19(1) of the Local Authorities (Members’ Allowances) (England) Regulations 2003, Council requests the Independent Remuneration Panel to convene urgently to consider the responsibilities of members of the Leader’s proposed enlarged Cabinet and to bring forward recommendations so that the Council may determine any appropriate changes to the Scheme of Members Allowances in accordance with these Regulations.”

 

On a show of hands, the Mayor declared that the amendment was lost by 44 votes to 14 with one abstention.

 

A further amendment was moved by Councillor Preece, seconded by Councillor Hands that Paragraph 2 of the Motion be amended by the addition of the following text:

 

“In order to recognise the continued importance of Tourism to the economy of the Borough of Sefton, Council requests that the Leader should re-title the post of Cabinet  ...  view the full minutes text for item 12.

13.

Appointment of Committees and Working Groups 2015/16 pdf icon PDF 81 KB

Minutes:

The Council considered a schedule which provided details of the allocation of Committee Places in accordance with the Political Balance Rules and the proposed Membership of the Committees and Working Groups for 2015/16.

 

It was moved by Councillor Maher, seconded by Councillor Fairclough:

 

“That

 

(1)       the allocation of Committee Places in accordance with the Political Balance Rules, as set out in the schedule be noted;

 

(2)       the Members, Chairs and Vice-Chairs for the Committees and Working Groups as set out in the schedule be appointed for a period of twelve months until the Adjourned Annual Council Meeting to be held in May 2016; and

 

(3)       it be noted that the titles of the four Overview and Scrutiny Committees had changed and the Monitoring officer be authorised to make any consequential amendments to the terms of reference for the Committees in the Constitution, that all Members of the Council would be notified of the changes in due course and if necessary any changes would be referred to the Audit and Governance Committee for consideration.”

 

An amendment was moved by Councillor McGuire, seconded by Councillor Booth that Paragraph (2) of the Motion be amended by the addition of the following text:

 

except that the Chair of the Audit and Governance Committee be held by an Opposition Member.”

 

Following debate thereon, on a show of hands, the Mayor declared that the amendment was lost by 38 votes to 21.

 

Thereafter, on a show of hands, the Mayor declared that the Motion was carried by 38 votes to 21and it was

 

RESOLVED:

 

That

 

(1)       the allocation of Committee places in accordance with the Political Balance Rules, as set out below, be noted;

 

(2)       the Members, Chairs and Vice-Chairs for the Committees and Working Groups set out below be appointed for a period of twelve months until the Adjourned Annual Council Meeting to be held in May 2016; and

 

(3)       it be noted that the titles of the four Overview and Scrutiny Committees had changed and the Monitoring officer be authorised to make any consequential amendments to the terms of reference for the Committees in the Constitution, that all Members of the Council would be notified of the changes in due course and if necessary any changes would be referred to the Audit and Governance Committee for consideration.

 

(A)       OVERVIEW AND SCRUTINY COMMITTEES

 

OVERVIEW AND SCRUTINY COMMITTEE (ADULT SOCIAL CARE) (10)

 

(Plus 2 Associate Members)

(Lab 7 /Lib Dem 2 /Con 1)

 

 

Member

Substitute

 

 

 

1.

Chair: Cllr. Page

Cllr. O’Brien

2.

Vice-Chair: Cllr. Dams

Cllr. Webster

3.

Cllr. David Barton

Cllr. Jones

4.

Cllr. Brodie-Browne

Cllr. Welsh

5.

Cllr. Burns

Cllr. Cluskey

6.  

Cllr. Dawson

Cllr. Keith

7.  

Cllr. Gatherer

Cllr. Bradshaw

8.  

Cllr. Grace

Cllr. Killen

9.  

Cllr. Hale

Cllr. Brennan

10.

Cllr. Thompson

Cllr. Daniel Terence Lewis

 

Associate Members:-

(Non-voting Co-opted Members) –          Mr. Brian Clark and Mr. Roger Hutchings (Nominated by Healthwatch, Sefton)

 

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

 

(Plus 4 Education Added Members and 3 Associate Members)  ...  view the full minutes text for item 13.

14.

Terms of Reference for Committees and Working Groups

Subject to the item above, the Council is requested to approve the terms of reference of the Committees and Working Groups, as set out in Chapters 7 and 8 of the Council Constitution.

Minutes:

It was moved by Councillor Maher, seconded by Councillor Fairclough and

 

RESOLVED:

 

That the terms of reference of the Committees and Working Groups as set out in Chapters 7 and 8 of the Council Constitution be approved.

15.

Appointment of Representatives on Merseyside Joint Authorities 2015/16 pdf icon PDF 45 KB

Details of the proposed representation on the Merseyside Joint Authority bodies for 2015/16 will be circulated prior to the meeting.

Minutes:

The Council considered a schedule of the proposed representation on the Merseyside Joint Authority Bodies for 2015/16.

 

It was moved by Councillor Maher, seconded by Councillor Fairclough:

 

That the representation on the Merseyside Joint Authority Bodies for 2015/16 as set out in the schedule be approved, subject to the representation on the Liverpool City Region Combined Authority Scrutiny Panel being amended to read Councillors McKinley (Scrutiny Link) and O’Brien.

 

RESOLVED:

 

That the following Members be appointed to serve on the following Joint Authority Bodies in 2015/16:

 

Joint Authority

Representatives

 

Liverpool City Region

(LCR) Combined Authority

Leader of the Council (Councillor Maher) Substitute Member – Deputy Leader of the Council (Councillor Fairclough)

 

Merseytravel Committee

(LCR Combined Authority

Transport Committee)

 

Councillors Carr (Lab), Dodd (LD), Friel (Lab) and McKinley (Lab)

 

Liverpool City Region Combined Authority Scrutiny Panel

Councillors McKinley (Scrutiny Link) and O’Brien

 

 

Merseyside Fire and Rescue Authority

 

Councillors Byrom (Lab), Mahon (Lab), Tweed (Lab) and Welsh (LD)

 

Merseyside Waste Disposal Authority

Councillors Cluskey (Lab) and Fairclough (Lab)

 

Merseyside Police and Crime Panel

(The appointments are agreed on a Pan-Merseyside basis)

Councillors Booth (LD) and Kerrigan (Lab)

 

 

16.

Appointment of Representatives on Sefton Partnership Bodies 2015/16 pdf icon PDF 44 KB

Details of the proposed representation on the Partnership Bodies for 2015/16 will be circulated prior to the meeting.

Minutes:

The Council considered a schedule of the proposed representation on the Merseyside Joint Authorities for 2015/16.

 

It was moved by Councillor Maher, seconded by Councillor Fairclough and

 

RESOLVED:

 

That the following Members set out below, be appointed to serve on the Thematic Partnerships of the Sefton Borough Partnership and the Area Partnerships in 2015/16:

 

Thematic Partnerships

Number of

Representatives

 

Member

Sefton Safer Communities Partnership

3

Cabinet Member - Communities and Housing (Councillor Hardy) and the two Council representatives on the Merseyside Police and Crime Panel (Councillors Booth and Kerrigan)

 

 

 

Sefton Partnership for Older Citizens

1

Cabinet Member – Adult Social Care (Councillor Cummins)

 

Area Partnerships

 

 

 

Crosby Area Partnership

 

2

 

1 Member of the Crosby locality to be appointed by the Central Sefton Area Committee plus 1 Cabinet Member appointed by the Leader of the Council (Councillor Cummins)

 

Formby Area Partnership

2

1 Member of the Formby locality to be appointed by the Central Sefton Area Committee plus 1 Cabinet Member appointed by the Leader of the Council (Councillor John Joseph Kelly)

 

 

 

Sefton East Area Partnership

2

1 Member of the Sefton East locality to be appointed Central Sefton Area Committee plus 1 Cabinet Member appointed by the Leader of the Council (Councillor Moncur)

 

 

South Sefton Area Partnership

 

2

 

Chair of South Sefton Area Committee plus 1 Cabinet Member appointed by the Leader of the Council (Councillor Hardy)

 

Southport Area Partnership

2

Chair of Southport Area Committee plus 1 Cabinet Member appointed by the Leader of the Council (Councillor Fairclough)

 

17.

Dates of Council Meetings 2015/16

To note that the Council meetings scheduled to be held during the Municipal Year 2015/16 are as follows:

 

·         16 July 2015

·         17 September 2015

·         19 November 2015

·         28 January 2016

·         3 March 2016 (Budget Meeting)

·         21 April 2016

Minutes:

It was moved by Councillor Maher, seconded by Councillor Fairclough and

 

RESOLVED:

 

That it be noted that the Council meetings scheduled to be held during the Municipal Year 2015/16 are as follows:

 

·         16 July 2015

·         17 September 2015

·         19 November 2015

·         28 January 2016

·         3 March 2016 (Budget Meeting)

·         21 April 2016

18.

Senior Leadership and Management Structure - Executive Director Remuneration pdf icon PDF 110 KB

Report of the Chief Executive and Head of Corporate Personnel.

Additional documents:

Minutes:

Further to Minute No. 22 of the meeting of the Employment Procedure Committee held on 14 April 2015, the Council considered the joint report of the Chief Executive and Head of Corporate Personnel seeking approval under the Council’s Pay Policy for the level of remuneration applicable for two Executive Director posts in the new Senior Leadership and Management Structure.

 

It was moved by Councillor Maher, seconded by Councillor Fairclough

 

RESOLVED:

 

That approval be given to the remuneration for the Executive Director posts as detailed in Paragraph 6 and as necessary in accordance with Paragraph 10 of the report.

19.

Constitutional Amendments - Statutory Officers pdf icon PDF 93 KB

Report of the Head of Corporate Legal Services

Minutes:

The Council considered the report of the Head of Corporate Legal Services on the provisions of The Local Authorities (Standing Orders) (England) (Amendment) (Regulations) 2015 which came into force on 11 May 2015 and would require changes to be made to the Constitution with regard to the procedures for disciplining and dismissing statutory officers, which for these purposes are the Head of Paid Service (Chief Executive), the Section 151 Officer (Head of Corporate Finance and ICT) and the Monitoring Officer (Head of Corporate Legal Services).

 

It was moved by Councillor Maher, seconded by Councillor Fairclough

 

RESOLVED:

 

That approval be given to the changes to the Constitution as detailed in Paragraphs 1.10 to 1.18 of the report.