Meeting documents


Document: 2001-07-11 AYLESBURY VALE DISTRICT COUNCIL

 

PRESENT:   Councillor Mrs C Lambert (Chairman); Councillors C R Ashenden, D N Attree, M A Baldwin, K Barclay, H H Cadd, J W Cartwright, M P J C Cashman, W J Y Chapple, J C Cole, P A Cooper, Mrs A C Davies, D F Evett, D P Fitzsimons, R V Ghent, B M Griffin, Mrs P M Y Hannelly, D R Isham, C R James, Mrs P M Jamieson, J A Jennings, C Jones, Mrs S S R Kendrick, S Kennell, R C Lehmann, I R Lindsay, K Liverseidge, I P Metherell, N Mohammad, Mrs M B Morgan-Owen, J A Newman, Mrs C M Paternoster, Mrs M Payne, Mrs S F Polhill, D G Ralph, Miss G F Reynolds, C G Richards, Mrs F D Roberts MBE JP, Mrs G Smith, A N Sherwell, Sir Beville D Stanier Bt, Group Capt  J F Stewart, N Stuart, Mrs C S Willetts, Mrs R Worgan and Mrs T A Yasin.

 

APOLOGIES:  Councillors Mrs J M Brandis, B E Foster, R W Khan, S J Patrick, Mrs P D J Pearce, Mrs J E Peart, D J Rowlands and B D Searle.

 

1.

MINUTES

 

RESOLVED -

 

That the Minutes of the meetings of the Council held on 9th May, 2001 be approved as correct records.

 

2.

MISS E JOHNSON AND MR T PATEMAN

 

All those present stood in silent tribute to the memory of Miss E Johnson and Mr T Pateman, both past Members of the Council, who died recently.

 

3.

COMMUNICATIONS

 

(a)

Mrs G Smith

 

The Chairman and Members welcomed Councillor Mrs G Smith, the Member for the Long Crendon Ward elected at the By-Election held on 7th June, 2001, who was attending her first formal meeting of the Council.

 

(b)

Civic Service/Quiz Night

 

The Chairman expressed her thanks to all those Members and Officers who had attended the recent Civic Service and who had participated in the Quiz Night held in aid of her nominated charities.  The latter event had raised almost £800.

 

The long standing musical director of the Civic Service, Mr Craig Nathan would no longer be involved in this particular event.  Arrangements had been made for the Vice-Chairman and Councillor Mrs Roberts to express the Council's thanks to him in some suitable manner in recognition of his past service.

 

(c)

Charity Ball

 

Members were reminded that the Charity Ball would take place on Saturday, 22nd September, 2001.  

 

(d)

New Parish Councils

 

The Council joined the Chairman in extending congratulations to the Mayor and Deputy Mayor and Chairmen of the newly elected Aylesbury Town Council and Coldharbour and Watermead Parish Councils.

 

(e)

Informal Council

 

Members were reminded that the informal meeting of the Council programmed for 8th August, 2001 had been cancelled, bearing in mind that a special meeting of the Council had been called for 1st August to deal with the Electoral Review.  The Chairman and Leader of the Council had, however, agreed that an informal meeting of the Council should also take place on 1st August (at the conclusion of the formal meeting) to enable the Leader to provide an update and give Members the opportunity to ask questions.

 

4.

CABINET REPORTS

 

The Cabinet Members for Economic and Community Development, Leisure and Planned Development submitted reports on some of the issues and events which had affected their individual portfolio area.  This reporting mechanism allowed Cabinet Members to explain the context of their work and to draw attention to issues in which the Council as a whole might be interested and on which Members might wish to ask questions or seek further information.

 

5.

MICROSOFT SOFTWARE PRODUCTS

 

The Council was reminded of the decision taken by the Cabinet on 27th June, 2001 regarding Microsoft licensing costs, the details of which had previously been circulated to all Members of the Council.  As no funding had been identified to meet the costs of the Enterprise Agreement, the full Council should have taken a decision.  However, the timescale for completing the Agreement had been such that it had not been possible to convene a Council meeting.

 

RESOLVED -

 

That the decision taken by the Cabinet on 27th June, 2001, namely, that the Council enter into an Enterprise Agreement with Microsoft at a cost of £114,000 per annum for the period 2001/2 to 2003/4, be confirmed.

 

6.

IMPLEMENTATION OF THE NEW POLITICAL MANAGEMENT STRUCTURES

 

To provide a common understanding about the roles and procedures involved in decision-making and scrutiny under the new arrangements, the Head of Legal Services had drafted protocols for these areas of work, copies of which had previously been  circulated.  These had been based on models used by other authorities and it was indicated that their effectiveness could be reviewed in the light of experience when the general review of the new arrangements took place.

 

At the moment, the Cabinet Member for Planned Development was an ex officio Member of the Development Control Committee in order reflect the need for close working between the Executive and regulatory arms of the Council on planning matters.  The Cabinet Member for Environment and Health was responsible for licensing policy and the Licensing Committee considered individual applications.  It was felt that it would be consistent for the Cabinet Member for Environment and Health to be an ex officio Member of the Licensing Committee.

 

As discussed at the informal meeting of the Council, it had been apparent that the arrangements for the distribution of agenda had not proved sufficient under the new structures.  It was therefore felt that the Constitution should be amended so that Members were entitled to receive copies of all Cabinet and Scrutiny Committee agenda, including any confidential items, except for those confidential items circulated to the Appeals and Complaints, Licensing and Standards Committees.  It was appreciated that these Committees could deal with sensitive personal information about members of the public and staff.

 

Members were also advised of the need to make some changes to the Scheme of Officer Delegations to properly reflect the division of functions between the Head of Revenues and Exchequer and the Head of Finance.

 

Lastly, Members were informed of the procedures for obtaining the formal approval of the Secretary of State to the new political management arrangements.  A resolution of the full Council was required to implement the new executive arrangements, which had to be advertised in the press.

 

RESOLVED -

 

(1)

That the draft protocol on decision making be approved subject to the following revisions:-

 

(a)

Principles of Decision Making

 

Paragraph (5.8) to be amended to read as follows:-

 

“That appropriate consultation has taken place with relevant interested parties including local Members.”

 

(b)

The Organisation of the Business of the Cabinet

 

Paragraph to be amended by the deletion of the words “advised by the Chief Executive” in the first sentence.

 

(c)

Call In Decisions by Cabinet or Individual Cabinet Members

 

Paragraph 27 - the second sentence be amended to read as follows:-

 

“There is a presumption that the relevant Scrutiny Committee Chairman or their nominee will be invited to attend and speak at the Cabinet meeting or a meeting with the relevant Cabinet Member when the Scrutiny Committee's recommendations are considered.”

 

(2)

That the draft protocol on Scrutiny Committees be approved subject to the following revisions:-

 

(a)

Introduction

 

Add the following new sub-paragraph to paragraph 3:-

 

“(5)  Items which the Scrutiny Committee decides to include in its programme of work.”

 

(b)

Programme of Work

 

(i)

Delete all the words after the word “work” in the second line of paragraph 4.

 

(ii)

Delete paragraph 6 and re-number thereafter.

 

(c)

Officer Support

 

Replace the words “ allocated to them” with the words “to which they are allocated” in paragraph 7.

 

(d)

Interests

 

Amend the first sentence of paragraph 11 to read as follows:-

 

“In addition, Members should observe the principle that a Member should not sit on a Scrutiny Committee when it scrutinises any proposal or decision of the Cabinet/Cabinet Member if he or she has recently been involved in the determination of that decision.”

 

(e)

Documentation

 

Amend paragraph 13 to read as follows:-

 

“A Scrutiny Committee shall have access to all relevant papers.” and re-number sub-paragraph (2) so that it reads “14” and then re-number thereafter.

 

(f)

Guidance on Call Ins

 

(i)

Delete paragraph 21 and sub-paragraphs (1) to (6) and re-number thereafter.

 

(ii)

Insert the words “the Council” after the word “or” in the penultimate line of paragraph 25.

 

(g)

Preparation and Publication of Reports

 

Insert the words “or their nominee” after the word “Committee” in the first line of paragraph 37.

 

(3)

That the protocols referred to in (1) and (2) above be included in the general review of the new arrangements.

 

(4)

That the Cabinet Member for Environment and Health be appointed an ex officio Member of the Licensing Committee.

 

(5)

That copies of Cabinet and Committee agenda be circulated automatically to all Members of the Council, including any confidential items, with the exception of confidential items on the Appeals and Complaints, Licensing and Standards Committees, which would be available to all Members under the usual “need to know” criteria.

 

(6)

That the changes to the Scheme of Officer Delegations outlined in the report relating to the Head of Revenues and Exchequer and the Head of Finance, be approved.

 

(7)

That the Chief Executive be authorised to make the necessary alterations to the Constitution to reflect the above resolutions.

 

(8)

That subject to the resolution of the full Council on 12th September, 2001, the Council should work towards the date of 1st October, 2001 for implementation of the new political management arrangements under the Local Government Act, 2000.

 

7.

WRITTEN QUESTIONS

 

Questions had been received as follows:-

 

A.

FROM COUNCILLOR SHERWELL TO SIR BEVILLE STANIER AS CABINET MEMBER FOR ASSET MANAGEMENT

 

Questions

 

“In the past there was an agreement between the County Council and this Council that the County would give the District first option on any land of which they wished to dispose.

 

(1)

Is this agreement still operative?

 

(2)

Has the County Council offered to this Council on this basis land in Park Street near to the Weavers Arms Public House?

 

(3)

If the answer to 2 is no, will the portfolio holder ascertain why not and inform the Council accordingly?

 

(4)

If the answer to 2 is yes, what decision has been taken on the matter, following what discussion and for what reasons?

 

Answers

 

(1)

There is an agreement in place for the County Council to give the District Council first option on any housing land, which they wish to dispose.  The Council also has an informal liaison at officer level regarding property issues.  The question of this land has not been raised at these meetings as it was designated for commercial use.

 

(2)

The County Council has not offered this land to the District Council but the under a third of an acre was put on the market and a bid for commercial use was accepted subject to planning consent.

 

(3)

No because it was not viewed as housing land.

 

(4)

Not appropriate

 

B.

FROM COUNCILLOR BALDWIN TO COUNCILLOR MRS POLHILL AS CABINET MEMBER FOR LEISURE

 

Questions

 

“Queens Park is under threat of closure.  This Arts Centre would be a great loss to both Aylesbury Town and The Vale.

 

(1)

What support is this Council giving to the Centre now?

 

(2)

What support do we intend to offer the Centre in the future?

 

(3)

What is the timescale for closure?”

 

Answers

 

(1)

The District Council currently funds the Queens Park Arts Centre through its Grants to Voluntary Bodies Scheme to the level of £21,120 for 2001/2002.  This award is the subject of a new Service Level Agreement, which is being introduced as a pilot scheme this year.

 

The Centre also receives further advice and support from Officers within the Leisure Division to enable use of the facilities by other local groups and to enable other groups based at the centre to undertake outreach activities.

 

(2)

The funding applications for all Grants to Voluntary Bodies will be considered by Cabinet in October this year following the analysis of the pilot service agreement.  The service agreements aim to guarantee all award recipients three years of continued support subject to a satisfactory compliance with the objectives outlined within the service level agreement.

 

(3)

Queens Park Arts Centre is sited on land owned by Buckinghamshire County Council.  The sale of this land is primarily an issue for the County Council and the Queens Park Arts Centre.  However, this is an important issue and I agree the potential loss of the arts centre would have a significant impact on the cultural provision for both the town of Aylesbury and the whole of the Vale.  At my last meeting with the Queens Park Centre I enquired about the position on a possible closure and was informed that there had been no progress regarding the sale or on any closure.