Archived decisions

22 APOLOGIES FOR ABSENCE.

Apologies for absence were received from Councillors Adam Carew, Brian Collin, Roger Kimber and Alexis McEvoy.

Apologies had also been received from Honorary Alderman Capt. M.P.R. Boyle

23 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.

24 MINUTES.

The minutes of the meeting of the County Council held on 15 June were confirmed as a correct record and signed by the Chairman subject to an amendment to Appendix 3 in respect of the Vice-Chairman of the River Hamble Harbour Board. It was noted that the Vice-Chairmanship of this Board was in fact vacant and that Item 8 on the agenda accordingly recommended an appointment.

25 DEPUTATIONS.

There were no deputations on this occasion.

26 CHAIRMAN'S COMMUNICATIONS.

The Chairman presented his report (Item 5 in the Minute Book) and expanded on the wide range of duties undertaken by himself and the Vice-Chairman to represent and promote the County Council and its strong community leadership role.

It was with sadness that the Chairman reported the death of Captain John Fairey in a tragic accident on 8 July 2009. Captain Fairey of Bossington, near Houghton was one of Hampshire's Deputy Lord Lieutenants. Sympathy was extended to his family at this very sad time.

27 LEADER'S REPORT.

The Leader opened his report with his sincere thanks, and those of his wife, for the many messages of goodwill he had received during his recent illness.

It was with pleasure that the Leader reported the success of Sophie Davis, one of the Council's Accredited Community Safety Officers (ACSOs), whose work was celebrated at the recent Council Worker of the Year Award ceremony. Sophie set up a network of Junior Community Teams across Hampshire in areas experiencing low-level anti social behaviour. Sophie and her colleagues worked with 10 and 11 year olds, some of whom were in danger of being excluded from school helping them to turn their lives around and improve their communities. Sophie was in attendance to receive the congratulations of the Council in her role as an ambassador for the County Council and the work of the wider ACSO teams.

The Leader announced the appointment of seven new Honorary Aldermen, namely Patricia Banks, Pat Devereux, Michael Cartwright, Ted Gale, Peter Hutcheson and Mike Woodhall. The Leader was awaiting confirmation of the seventh person, Jo Kelly.

The Leader was also pleased to announce that Alison Quant, Director of Environment, recently became the seventh CSS President from Hampshire. The CSS, the national society for Directors of Environment and Economy Services (formerly known as the County Surveyors Society), was celebrating its 125^th year in 2009/10.

The Leader reported the growing national and international recognition of the Council's commitment in serving rural communities. Two experts from the Government's Commission for Rural Communities had recently visited Hampshire and the Council would feature as a case study to share with other local authorities as an example of good practice for rural service delivery. The County Council had also contributed to a recent Organisation for Economic Co-operation and Development conference on rural development at which it was asked to present some of its work to international representatives from as far afield as Australia, Finland and Turkey.

The Leader also had pleasure in reporting the success of Henry Perkins, who receives grant funding from the County Council, and had recently received the highest set of dance examinations results for any non-Russian ballet student in the history of the Bolshoi Ballet. Pupils from Mountbatten School in Romsey were also celebrating winning the County Council's Schools Competition "Hampshire Community Challenge" which was organised by the Futures Group. The County Council's Music Service had received an invitation to perform at the 2009 School Proms at the Royal Albert Hall on 11 November 2009 and 768 Hampshire pupils would take part in the world premiere of a Hampshire commissioned work by composer Stephen McNeff "The Darwin Dilemma".

The Leader reported the continuation of Member grants of £10,000 per annum, for a further two years, subject to all new Members attending a briefing seminar. Much good work had been done in the community since the introduction of the scheme which allowed elected Members to make contributions to groups, societies and local activities that help improve the well-being of the people of Hampshire.

Finally, the Leader referred to the work that had been carried out by the Hampshire Action Teams (HATs) as a pilot over the last 18 months and confirmed that while HATs may not continue, nevertheless a structure which learned the lessons of HATs was under consideration. The Chief Executive had been asked to prepare a report for submission to a future meeting of the Council. While this approach would require some time, it has the benefit of ensuring that the new arrangements would further embed the activity of local Members in the community and consider how to extend their involvement in other services of the County Council. The Leader also reported on the work that was being done with the Government Office to develop a pilot around community engagement in Gosport and the Cabinet's consideration of how arrangements could be developed in Havant and Rushmoor.

QUESTIONS UNDER STANDING ORDER 20(b).

Members noted that in two cases the wording of questions circulated in the Chamber were a summarised version rather than the full version. Councillor Thornber agreed to research the position and subsequent to the meeting it was established that this had been a departure from normal practice and hence was an isolated occurrence. Councillor Kendal answered the questions that had been originally submitted by Members as detailed below:

(a) From Councillor Mrs Jackie Porter firstly concerning the use of underspendings in the Quality of Place budget for 2008/09 and secondly, requesting an update on progress with the Small Business Recycling Pilots across Hampshire in general and in particular at the Alresford Recycling Centre.


(b) From Councillor Mrs Jane Frankum firstly concerning a petition to improve the noise barrier to insulate homes and properties in Popley and Norden from the intrusiveness of the A339 between the A340 Aldermaston Road roundabout and the A33 Reading Road roundabout. A second question sought the Executive Member's support for local people in their challenge to the supermarket chain Tesco concerning their decision to move their web based deliveries from Chineham in Hampshire to Newbury and/or West Reading in Berkshire in an effort to keep as much employment within Hampshire as possible.


The Executive Member agreed to supply a copy of the written answers to all the questions following the meeting.

28 APPOINTMENTS

The Chairman confirmed that in order to comply with the Local Government Act 1982, this item was to be considered as a matter of urgency in order to approve necessary changes to the composition of committees and representation on outside bodies to ensure effective business continuity is upheld.

The Council considered the report of the Chief Executive (Item 8 in the Minute Book) proposing a number of appointments to committees and other changes. Accordingly, a revised proportionality table had been previously circulated. Some changes to the County Council's representation on outside bodies were also proposed.

In respect of the Standards Committee, which was excluded from proportionality rules by virtue of Section 53(10) of the Local Government Act 2000, it was requested that its current composition be reviewed to allow for something that was closer to a proportional arrangement. This request was duly noted by the Leader.

Ordered:

(a) That the following appointments and changes to committees be made having taken into account proportionality requirements where applicable:

-	Regulatory B Committee :
	Councillors:
	Ian Beagley	Frank Pearce
	John Bryant	Jackie Porter
	Mark Cooper	Roger Price
	Geoff Hockley	David Simpson
	Sam James	John Wall
	Alexis McEvoy	Alan Weeks
	Robin McIntosh	John K. West
	Eric Neal
-	Councillor Geoff Hockley be appointed as Vice-Chairman of the River Hamble Harbour Board and accordingly vacate his seat on the River Hamble Harbour Management Committee forthwith
-	Councillors Frederick Allgood and Andrew Gibson be appointed to the River Hamble Harbour Management Committee to fill the seat vacated by Councillor Hockley (as detailed above) and one further vacancy that was being carried
-	Councillor Charlotte Bailey be appointed to the Standing Advisory Council for Religious Education (SACRE) to fill a vacancy that was being carried.
-	Councillor Pam Mutton to replace Councillor Keith Chapman on the Children and Young People's Select Committee
-	Councillor Peter Edgar to replace Councillor Chris Carter on the Health Overview and Scrutiny Committee
-	Councillor Chris Carter to replace Councillor Peter Edgar on the Pension Fund Panel
-	Councillor Chris Thomas to replace Councillor Brian Dash on the Audit Committee
-	Councillor Roy Perry to be the County Council's representative on the Conference on Peripheral Maritime Regions
-	Councillor Jonathan Glen to replace Councillor Geoff Hockley as one of the County Council's representatives on South East Employers

(b) That the revised proportionality table attached as Appendix 1 to these Minutes be approved.


(c) Delegated authority be given to the Executive Member for Policy and Resources to make the appointment of an independent Chairman of the Sir Harold Hillier Gardens and Arboretum Advisory Committee


(d) That the proposal submitted by the Monitoring Officer for the appointment of an independent Vice-Chairman of the Standards Committee to comply with the guidance issued by the Standards Board be approved. Accordingly, Councillor Alan Rice vacated the position and Mr G.A.L. Ellis was appointed. Councillor Rice would remain as a member of the Standards Committee.

29 CONSTITUTIONAL CHANGES - EXECUTIVE ARRANGEMENTS AND REVIEW OF THE CONSTITUTION.

The Chairman confirmed that in order to comply with the Local Government Act 1982, this item was to be considered as a matter of urgency to ensure members were updated regarding development in the allocation or responsibility for Executive arrangements and that a review of the Constitution be agreed as a matter of good governance.

The Council considered the report of the Chief Executive (Item 9 in the Minute Book) setting out changes to the County Council's Constitution. The changes reflected developments in the allocation of responsibility for executive functions and in particular, the creation of the Hampshire Economic Board and the Efficiency Panel as committees of the Executive. The Council also noted that the Executive Lead Member for Children's Services would be supported by two Assistants, one for Children and Families and one for Education. In addition to the Education Advisory Panel, a proportional Children and Families Advisory Panel would be established, the membership of which would be confirmed in due course.

RESOLVED:

(a) That the amendments to the Constitution set out in the supporting report be approved.


(b) That the Chief Executive, in consultation with the Monitoring Officer, carry out a review of the Council's Constitution and that a review thereafter is carried out by the Monitoring Officer on an annual basis.

30 APPROVAL OF THE PARTNERSHIP FOR URBAN SOUTH HAMPSHIRE BUSINESS PLAN 2009-11

The Council considered the report of the Cabinet (Item 10 in the Minute Book) seeking approval of the Partnership for Urban South Hampshire Business Plan for 2009-11.

Members noted that the Business Plan had been significantly streamlined in comparison to the previous document. It substantially addressed the conditions set out as part of the Council's approval last year as well as detailing the outcomes the Partnership was seeking to achieve. Members also noted that in the last sentence of paragraph 2 of the report the reference to the appointment of the Deputy Leader of the Council as Vice-Chairman of the Joint Committee should read "for 2009/10."

RESOLVED:

(a) That the Partnership for Urban South Hampshire Business Plan be approved, but noting that:


(i) the Council's approval of the Plan does not signify approval of the housing and economic targets it contains and which the Partnership for Urban South Hampshire acknowledges are undeliverable on the basis of the current timetable as a consequence of the recession; and


(ii) the Council must be free to discharge the full range of its (existing and new) statutory functions across its area.


(b) That the Council's representative on the Partnership for Urban South Hampshire be authorised to agree the Multi Area Agreement refresh.

31 USTAINABLE COMMUNITIES ACT 2007 - RESPONSE TO NOTICE OF MOTION

The Council considered the report of the Cabinet (Item 11 in the Minute Book) the intention of which was to receive the former Governance Committee's recommendations following its consideration, at the request of the Council, of the notice of motion submitted to the Council in November 2008 on the Sustainable Communities Act 2007.

During the course of the ensuing discussion, Members expressed some scepticism as to what, in reality, the Act would achieve. However, they welcomed the broad support indicated by the Hampshire and Isle of Wight Local Government Association of the County Council's bid for the return of strategic planning powers to local government and to those who had been democratically elected. It was noted that 67% of Hampshire residents who had recently taken part in a survey indicated support for this bid (a total of 1003 residents took part in the survey). Should the bid be successful, Members also expressed their hope that the decision making body would observe the rule of subsidiarity and would be more robust than its predecessor.

RESOLVED:

(a) That it be agreed to adopt the former Governance Committee's recommendations;


(i) that mechanisms be put in place to publicise the Act on Hantsweb;


(ii) that a process for handling any proposals which relate to the transfer of any Hampshire County Council functions and funding should be developed;


(b) that Members of the County Council be invited to generate and flag ideas for proposals and that the Policy and Resources Select Committee be engaged in supporting the Executive to manage the progression of the County Council's responses to that; and


(c) note that the decision to submit a proposal to the Local Government Association by 31 July 2009 rests with Cabinet.

32 NOTICE OF MOTION.

Councillor David Harrison presented the following Notice of Motion which had been submitted pursuant to Standing Order 17:

"Hampshire County Council calls upon the Strategic Health Authority to recognise the need for a public referendum on the issue of whether or not to add fluoride to tap water, to be held in the geographic area which will be directly affected by the current proposals."

In putting the Motion, Councillor Harrison said that the primary aim of the proposal was the intention that the people should decide rather than an unelected board of health authority members. Public surveys indicated that many people did not support imposed fluoridation of their tap water and that accordingly a challenge should be made with as much democratic backing as possible.

In responding, the Leader confirmed that the County Council had been requested to provide witness statements in regard to a judicial review and therefore suggested a cautious approach to allow the legal position and other matters to be fully checked. In the meantime, however, the Leader agree to write to the Strategic Health Authority urging them to consider a further consultation exercise and would report back.

RESOLVED:

That the matter be referred back to the Health Overview and Scrutiny Committee for consideration with a view to reporting back to Council at its next meeting.

33 HAMPSHIRE POLICE AUTHORITY

No questions had been received pursuant to Standing Order 20(d).

Councillor Adrian Collett presented the report of the Authority and in so doing welcomed Councillor Mel Kendal as a recently appointed member. In asking the Council to receive the report, Councillor Collett brought a number of corrections to Members' attention as follows:

· The Business Plan was a three year plan and therefore covered the period 2009 to 2012.


· Clarified that Police Authority inspections were not inspections of the Constabulary but of the Police Authority itself.


· Confirmed that the date at the end of the second paragraph concerning the Policing Pledge should read "July 2009".

34 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.

35 REPORTS FOR INFORMATION

The Council received the reports of the following:

a. The Cabinet/Leader


b. Executive Member for Environment


c. Executive Member for Adult Social Care


d. Health Overview and Scrutiny Committee

* appointed by Environment Executive

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