Archived decisions

COUNCIL PROCEEDINGS: 15 JUNE 2009

Hampshire

__________

At a Meeting of Hampshire County Council held at The Castle, Winchester on 15 June 2009.

Chairman:

p Councillor Michael Woodhall

Vice-Chairman:

p Councillor Tim Knight

Councillor Michael Woodhall opened the meeting and thanked Members of the County Council, past and present, and officers for the support extended to him during his time as a County Councillor and as Chairman of the County Council.

1. APOLOGIES FOR ABSENCE.

Apologies for absence were received from Councillors Charlotte Bailey, Brian Dash, Ronald Hussey and Ken Thornber.

2. COUNTY COUNCIL ELECTIONS

The Chief Executive in his capacity as County Returning Officer gave his return of the persons elected members of the County Council at the elections held on 4 June 2009. A copy of the list is attached as Appendix 1 to these minutes.

3. ELECTION OF CHAIRMAN

At the request of the Chairman, the Chief Executive as proper officer called for nominations. Councillor Roy Perry, seconded by Councillor Margaret Snaith, proposed that Councillor Tim Knight be elected Chairman of the Council until the Annual General Meeting in 2010. No other nominations were proposed.

RESOLVED:

That Councillor Tim Knight is hereby elected Chairman of the County Council to hold office until the Annual General Meeting of the Council in 2010. Councillor Knight made the declaration of Acceptance of Office.

COUNCILLOR TIM KNIGHT IN THE CHAIR

4. DECLARATIONS OF INTEREST

All Members who believed they had a personal or prejudicial interest in any matter to be considered at the meeting were asked to declare that interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, to consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

5. MINUTES

The minutes of the meeting of the County Council held on 2 April 2009 were confirmed as a correct record and signed by the Chairman.

6. APPOINTMENT OF VICE-CHAIRMAN

Councillor Roy Perry, seconded by Councillor Roger Kimber, proposed that Councillor Mrs Carol Leversha be appointed Vice-Chairman of the Council until the Annual General Meeting in 2010. No other nominations were proposed.

ORDERED:

That Councillor Mrs Carol Leversha is hereby appointed Vice-Chairman of the Council to hold office until the Annual General Meeting of the Council in 2010. Councillor Mrs Leversha made the declaration of Acceptance of Office.

7. CHAIRMAN'S COMMUNICATIONS

The Chairman extended his best wishes to Councillor Ken Thornber for a speedy recovery as well as his congratulations to Her Majesty's Lord Lieutenant for Hampshire, Mrs Mary Fagan who was recognised in the Birthday Honours list and is to become a Dame Commander of the Royal Victorian Order. The Chairman also extended his thanks and very best wishes to the outgoing Chairman Councillor Michael Woodhall for his hard work, enthusiasm and unstinting service to the County Council and the people of Hampshire. The Chairman welcomed all new members to the County Council and reminded them about Induction Days 2 and 3 on 20 July and 3 September respectively which would comprise visits to a number of County Council facilities throughout the County. The Chairman took the opportunity to thank the Chief Executive and his Corporate Management Team colleagues for the high calibre job they do and with whom he would be meeting throughout the year. The Chairman confirmed that the County Service theme this year would be "Helping and serving others" whilst the Chairman's theme will focus on blood donation and supporting the reserve forces.

It was with sadness that the Chairman reported the passing of former County Councillors Mrs Dorinne Burton-Jenkins and Mr William (Bill) Allee. Councillors Roger Price and Peter Mason paid tribute to the contribution they had made and the Council stood for a minute's silence as a mark of respect.

8. ELECTION OF LEADER

Councillor Roy Perry, seconded by Councillor Colin Davidovitz, proposed that Councillor Ken Thornber, C.B.E. be appointed Leader of the Council pursuant to Part 1, Chapter 7 of the Constitution. No other nominations were received.

ORDERED:

That Councillor Ken Thornber, C.B.E. be appointed Leader of the County Council.

In the absence of Councillor Thornber and at the Chairman's request, the Chief Executive confirmed the members of the Cabinet to be:

Councillor Ken Thornber (Chairman)

Councillor Colin Davidovitz

Councillor Jonathan Glen

Councillor Felicity Hindson

Councillor Mel Kendal

Councillor David Kirk

Councillor Roy Perry (Deputy Leader of the County Council)

Councillor Margaret Snaith

9. LEADER'S REPORT

The Deputy Leader presented the Leader's report in the absence of Councillor Ken Thornber and added his good wishes to the Leader for a speedy recovery as well extending his congratulations to all councillors elected on 4 June 2009. In adding his congratulations to those of the Chairman for Her Majesty's Lord Lieutenant for Hampshire, Mrs Mary Fagan, the Deputy Leader also extended his congratulations to Professor Bill Wakeham, Vice Chancellor of Southampton University and Hampshire's Chief Constable Alex Marshall who were also recognised in the Birthday Honours List.

It was with sadness that the Deputy Leader reported the death of Charles Arnold-Baker, OBE, the former Chief Executive of the National Association of Parish Councils (NALC). The Deputy Leader highlighted that parishes are an important partner in the democratic process and the work of the National Association and County Association is much appreciated.

It was with pleasure that the Deputy Leader reported that Julie Rose of Everest Community College in Basingstoke had won the South East Regional title for the Royal Air Force Award for Head Teacher of the Year in a Secondary School. The BT Award for Teacher of the Year in a Primary School in the South East went to Mark Townsend of Harrison Primary School in Fareham. Ringwood School in the New Forest won the Department for Children, Schools and Families Award South East for Sustainable Schools. The two teachers and Ringwood School were recognised at a ceremony hosted by the BBC's presenter Sally Taylor at the Winchester Guildhall on 3 June 2009.

The Deputy Leader reported that Bordon Junior School received a visit on 3 June 2009 from multi-award winning children's author Dame Jacqueline Wilson to see their special Reading Garden as part of the County Council's drive to encourage children to read.

The Deputy Leader was pleased to report that the Chapel at Royal Victoria Country Park is undergoing renovation works to enable people to once again go up the tower and take in the breathtaking panoramic views across the Country Park and the Solent. The renovation work is being carried out by the County Council to meet current health and safety legislation. It is anticipated that the works will be completed by mid September during which time the chapel will be closed to visitors.

Lastly, the Deputy Leader was pleased to report that a team of ten staff from the County Council's contact centre, Hantsdirect, raised almost £500 for Trinity Winchester and Winchester Churches Night Shelter by taking part in a sleep out for the homeless. The event, which was also supported by the Bishop of Winchester Right Reverend Michael Scott-Joynt, was aimed at raising awareness of the plight of homeless people as well as giving those taking part an insight in what it is like to sleep rough and to highlight the day-to-day work carried out by the charities.

10. APPOINTMENT TO COMMITTEES

The Council considered the report of the Chief Executive (Item 10 in the Minute Book) on the determination of proportionality for the purpose of allocating seats on standing committees and panels, with a revised appendix to this report having been circulated. It was noted that proportionality rules do not apply to appointments to the Executive or to Executive Committees, which by virtue of the Local Government Act 2000 Section 24 are exempt from the proportionality requirements.

The Council also considered the appointment of members to the Standards Committee; the appointment of co-opted members to serve on the Children and Young People's Select Committee; the appointment of members to an Audit Committee to replace the Governance Committee and also the appointment of members to the new Members Allowances Scheme Panel, the latter two as detailed in Item 16 on the agenda.

ORDERED:

1. That approval be given to the revised proportionality table attached as Appendix 2 to these Minutes.


2. That in accordance with the proportionality table, appointments be made to committees, panels and other bodies where the appointments by the Council are subject to proportionality rules; details of the consolidated list of memberships are set out in Appendix 3 to these minutes.

3. That appointments be made to the Standards Committee, details of which appear in the consolidated list of memberships attached to these Minutes as Appendix 3.

4. That co-opted members be appointed to the Children's and Young People Select Committee as follows and that the Chief Executive be authorised to accept changes in representation as they arise:

- one representative of the Church of England (voting)

- one representative of the Roman Catholic Church (voting)

- three Parent Governor representatives (voting)

11. APPOINTMENT OF COMMITTEE CHAIRMEN AND VICE CHAIRMEN

The Council considered the report of the Chief Executive inviting nominations (Item 11 in the Minute Book).

ORDERED:

That Chairmen and Vice-Chairmen of committees and panels be appointed as set out in the consolidated list of memberships attached to these Minutes as Appendix 3.

12. HAMPSHIRE FIRE AND RESCUE AUTHORITY

It was noted that the County Council was entitled to 19 seats on the Authority, which were allocated proportionately according to the size of each political group on the County Council. Nominations had been received on that basis. In addition Councillor Roy Perry, seconded by Councillor Colin Davidovitz nominated Councillor Jane Frankum (Labour) to be allocated one of the 19 seats available and it was therefore

ORDERED:

That the following Councillors be appointed to serve on the Hampshire Fire and Rescue Authority:

Ian Beagley Robin McIntosh

Adam Carew Sam Payne

Chris Carter Frank Pearce

Keith Chapman Roger Price

Adrian Evans David Simpson

Liz Fairhurst Marilyn Tucker

Jane Frankum Alan Weeks

David Harrison John K. West

Roger Kimber Patricia West

David Kirk

13. HAMPSHIRE POLICE AUTHORITY

It was noted that a Joint Committee had responsibility for making appointments of members to serve on the Hampshire Police Authority. That Joint Committee had been constituted in accordance with the provisions of the Police Act 1996 and made appointments to the Police Authority proportionately according to the size of the political groups across its constituent councils - Hampshire County Council, The Isle of Wight Council, Portsmouth City Council and Southampton City Council. Nominations were proposed by Councillor Roy Perry and seconded by Councillor Colin Davidovitz.

ORDERED:

That the following Councillors be appointed to serve on the Joint Committee responsible for making appointments to the Hampshire Police Authority:

Adrian Collett; Keith Mans; Margaret Snaith; Ken Thornber, C.B.E.

14. QUESTIONS UNDER STANDING ORDER 20(b).

Councillor Felicity Hindson, Executive Member for Adult Social Care, answered a question from Councillor Alan Dowden concerning the care of an elderly lady at a Council run care home in Winchester.

15. APPOINTMENTS TO OUTSIDE BODIES

The Council considered appointments to organisations of regional, national or international significance and considered nominations proposed by Councillor Roy Perry and seconded by Councillor Colin Davidovitz for the following organisations:

- Arc Manche/Channel Arc

- Assembly of European Regions

- Atlantic Arc Commission

- Interreg IVA North/2 Seas Steering Committee 2008-11

- Interreg IVA South Programme Management Committee 2012-14

- Local Government Association Coastal Issues Group

- Local Government Association Rural Commission

- Local Government Association Urban Commission

- New Forest National Park Authority

- South East England Councils

- Southern Regional Environmental Protection Committee

- Southern Regional Flood Defence Committee

- Southern Sea Fisheries District Committee

ORDERED:

That subject to changes from time to time that the Council may wish to make, members be appointed to serve on the Outside Bodies as per the consolidated list attached to these Minutes as Appendix 4.

In respect of the following organisations:

- County Councils Network

- Local Government General Assembly

- Sir Harold Hillier Gardens and Arboretum Advisory Committee

- South East Employers

the nominations received exceeded the number of places available to the County Council therefore all the nominations were put to the vote.

ORDERED:

That subject to changes from time to time that the Council may wish to make, members be appointed to serve on the Outside Bodies as per the consolidated list attached to these Minutes as Appendix 4.

16. URGENT MOTION

An urgent motion was proposed by Councillor Margaret Snaith as follows:

"I move under Standing Order 19(e) and 39 that the normal business of the Council be suspended to consider revised seating arrangements for future County Council meetings. The urgency of this business arises from the fact that there is no other opportunity for the Council to consider this matter prior to the next County Council meeting."

The Council agreed, with the exception of one recorded vote against (Councillor David Simpson), that the relevant Standing Orders be suspended. The Chairman determined that the matter could be dealt with as a matter of urgency whereupon Councillor Roy Perry seconded the motion and reserved the right to speak.

Revised seating arrangements in the Council Chamber were discussed at some length with members being mindful of health and safety and, in particular, fire regulations. In conclusion it was

RESOLVED:

That revised seating arrangements in the Council Chamber be agreed taking into account health and safety considerations, in consultation with the political Group Leaders.

17. SETTING UP OF AN AUDIT COMMITTEE AND MEMBERS ALLOWANCES SCHEME PANEL

The Council considered a report of the Chief Executive (Item 16 in the Minute Book) proposing arrangements for an Audit Committee to be set up to replace the Governance Committee and the establishment of a new Members Allowances Scheme Panel. Members noted that the setting up of an Audit Committee is recognised as best practice by the Audit Commission and would not be chaired by a member of the Executive.

RESOLVED:

1. That the setting up and terms of reference of the Audit Committee which replaces the Governance Committee be approved together with the amendment of Part 1, Chapter 10 of the Constitution.


2. That the setting up, terms of reference and incorporation into the
Constitution of the Members Allowances Scheme Panel be
approved.

3. That the amendment to the terms of reference for the Policy and
Resources Select Committee (referred to at paragraph 1.3 of the
supporting report) be approved.

18. CONSTITUTIONAL CHANGES

The Council considered the report of the Chief Executive (Item 17 in the Minute Book) seeking approval to changes to the Constitution to address recent changes in local government legislation. The report also detailed the need to amend the existing decision making arrangements and delegation of responsibility following the County elections and recent decisions of the Cabinet. The Chairman also confirmed that Appendix 4 to the report was no longer required as the changes outlined had previously been adopted by the Council in November 2008.

RESOLVED:

That the amendments to the Constitution as set out in the supporting report be approved.

19. HAMPSHIRE POLICE AUTHORITY

No questions had been received pursuant to Standing Order 20(d). The Council received the report of the Authority.

20. HAMPSHIRE FIRE AND RESCUE AUTHORITY

On this occasion there were no matters arising which required the submission of reports from the Authority to the Council.

21. REPORTS FOR INFORMATION

The Council received information reports of the following:

a) The Cabinet/Leader

b) Executive Member for Adult Social Care

c) Health Overview and Scrutiny Committee

d) Executive Member for Environment

APPENDIX 1

APPENDIX 2

* appointed by Environment Executive

Note: Standards Committee is excluded from proportionality rules by virtue of Section 53 (10) of the Local Government Act 2000.

APPENDIX 3

APPOINTMENT OF CHAIRMEN AND VICE-CHAIRMEN OF COMMITTEES
APPOINTMENT TO COMMITTEES

Policy and Resources Select Committee:

Chairman: Councillor Keith Mans

Vice-Chairman: Councillor Keith Evans

Children and Young People Select Committee

Chairman: Councillor Stephen Reid

Vice-Chairman: Councillor Frederick Allgood

Environment and Transportation Select Committee:

Chairman: Councillor Sharyn Wheale

Vice-Chairman: Councillor Geoff Hockley

Culture, Communities and Rural Affairs Select Committee:

Chairman: Councillor Keith Chapman

Vice-Chairman: Councillor Alan Rice

Safe and Healthy People Select Committee:

Chairman: Councillor Patricia West

Vice-Chairman: Councillor Roger Kimber

Health Overview and Scrutiny Committee:

Chairman: Councillor Anna McNair Scott

Vice-Chairman: Councillor Patricia West

Audit Committee (replacement for the Governance Committee):

Chairman: Councillor Keith Evans

Vice-Chairman: Councillor John Bryant

Standards Committee:
(NB: The Chairman of this committee must be an independent person appointed by the Council. Mr Martin James was appointed Chairman during the last Administration and he is willing to continue).

Chairman: Mr Martin James (independent representative)

Vice-Chairman: Councillor Alan Rice

Employment in Hampshire County Council Committee:

Chairman : Councillor Ken Thornber

Vice-Chairman: Councillor Ray Ellis

Regulatory Committee:
Chairman: Councillor Robin McIntosh
Vice-Chairman: Councillor Ian Beagley

Regulatory B Committee (to be confirmed at the next meeting of Council)

River Hamble Harbour Board (Chairman plus one from Eastleigh or Fareham):

Chairman: Councillor Keith Evans

Vice-Chairman: Councillor Alan Rice

River Hamble Harbour Management Committee:

Chairman: Councillor Seán Woodward

Vice Chairman: Councillor Ray Ellis

Pension Fund Panel:
Chairman: Councillor Mark Kemp-Gee
Vice-Chairman: Councillor Ken Thornber

Members Allowances Scheme Panel:

Chairman: Councillor Ken Thornber

Vice-Chairman: Councillor Roy Perry

Buildings Land and Procurement Panel:

Chairman: Councillor Ken Thornber

Vice-Chairman: Councillor Colin Davidovitz

Education Advisory Panel:

Chairman: Councillor Peter Edgar

Vice-Chairman: Councillor Roger Kimber

Standing Advisory Council for Religious Education:

Chairman: Councillor Anna McNair Scott

Vice-Chairman: Councillor Pam Mutton

APPENDIX 4

COUNTY COUNCIL APPOINTMENTS TO OTHER ORGANISATIONS