Agenda and minutes

To receive any apologies for absence from Councillors.

No apologies were received for this meeting.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Councillor Mike Brooke, in respect of agenda item 9B Recommendations from Cabinet and Other Committees – Cabinet 27 May 2020 – Minute no 173 Bournemouth Town Centre Vision (TCV): Winter Gardens Site – Regeneration Opportunities, declared a local interest that he was a Member of the Bournemouth Development Company.

To confirm and sign as a correct record the minutes of the Meeting held on 18 February 2020.

The Minutes of the Council meeting held on 18 February 2020 were confirmed as a correct record.

To receive any announcements from the Chairman, Leader of the Council and Chief Executive including an update on the Members Scheme of Allowances.

The Chairman confirmed that he would take agenda items 4 and 5 together. There were no announcements from the Leader of the Council or the Chief Executive.  The Chairman reported on the following:

A – Death of Mike Fisher former Borough of Poole Councillor

The Chairman with great sadness reported on the recent death of former Borough of Poole Councillor Mike Fisher who was elected in 2015 and served as a UKIP Councillor for the Alderney ward until 2019.  The Chairman on behalf of the Council offered his condolences to his loved ones.  He called on Councillor Diana Butler who paid tribute to former Councillor Mike Fisher.

B – Death of Councillor Colin Bungey

The Chairman reported that it was with great sadness that the Council pays tribute to Councillor Colin Bungey this evening.

Colin was first elected to Christchurch Borough Council on 5 May 1983 and was re-elected in every subsequent election, representing the constituents of the Jumpers ward who valued his dedication and hard work.

Colin died at the beginning of April and served over 37 unbroken years as a councillor he represented the very best in public service.

He was a man of principle, unfailingly courteous, listened to everybody and always did his best to help and to stand up for Christchurch.

He was Mayor of Christchurch Borough Council twice and was recognised for his eminent services to the Borough of Christchurch with the title of Honorary Freeman, something he was immensely proud of.

Colin was a great public servant he was a Justice of the Peace for many years, it was first and last about public service, not politics. He was a long-standing member of The Christchurch and District Sports Council and was Chairman as Cllr Geary and I recall for more than twenty years.

He was a long-standing member of the Christchurch Sailing Club and was also a volunteer at the National Motor Museum Beaulieu.

Colin’s knowledge and experience will be sadly missed.

Councillor Margaret Phipps paid tribute to Councillor Colin Bungey as his ward colleague. Councillor Eddie Coope said a few words in tribute to Colin Bungey.

The Chairman asked the Council to pay silent tribute to Councillor Colin Bungey and former Borough of Poole Councillor Mike Fisher.

C – Members Scheme of Allowances

The Chairman made an announcement in respect of the Members Scheme of Allowances.  He reported that given the current coronavirus crisis he did not consider this to be an issue that the Council should be debating at this time and advised that he had asked for it to be deferred until October 2020 at the earliest.

D – Death of George Floyd

The Chairman on behalf of the Council acknowledged the death of George Floyd who was killed in Minneapolis, Minnesota by Police Officers.  He explained that as everyone was aware this had led to demonstrations across the World including in the BCP Council area of the issues raised bythis tragic event. The Chairman reported that it should be  ...  view the full minutes text for item 4.

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of:

Public questions is Tuesday 2 June 2020.

A statement is midday, 8 June 2020.

A petition is midday, 8 June 2020.

The Chairman reported as follows:

A – Public Questions

In accordance with the Constitution the public questions received from Bob Eveleigh, Kimbal Furmidge and Paul Owen on the Beach House, Mudeford have been published on the website and a link circulated to all Councillors.  Responses to these questions have also been published on the Council’s website.

B – Statements

In accordance with the Constitution statements received as follows have been published on the website and a link circulated to all Councillors:

Alix Digby West – Holes Bay recommendation

Harbour Ambition – Holes Bay recommendation

Susan Chapman – Climate Resilience

Conor O’Luby - Vote of no confidence

Geoff Ash – Vote of no confidence

Marylyn Cropley – Vote of no confidence

Sara Armstrong – Vote of no confidence

Sharen Green – Vote of no confidence

Jonathan Turner – Vote of no confidence

C – Petitions

In accordance with the Constitution the following petitions have been received and published on the website and a link circulated to all Councillors.

Maria Marra on Vote of no confidence

Dr Emma Jenkins on Pine Park, Winton

RESOLVED that the Petition on Pine Park, Winton be referred to the relevant Director for discussion with the appropriate Portfolio Holder and response.

Voting: Agreed.

To receive the minutes of the following meetings:

The Committee Minutes for the last cycle of meetings were received.

Voting: Agreed.

The Council is advised of the following decisions taken by the Chief Executive in accordance with the relevant urgency powers:

·       Community Governance Review – Holdenhurst and Throop - Final Recommendations

·       Dorset Heathland Planning Framework 2020-25 SPD

·       Revised Financial Regulations

·       Article 16 – Covid-19 Interim Decision-Making Arrangements

The Council is also asked to ratify the decision taken by the Chief Executive to appoint Anne Brown as the Interim Director Law and Governance/Monitoring Officer circulated with the agenda.

The Chairman advised Members of the decisions taken by the Chief Executive in accordance with relevant urgency powers as follows:

• Community Governance Review – Holdenhurst and Throop - Final Recommendations
• Dorset Heathland Planning Framework 2020-25 SPD
• Revised Financial Regulations
• Article 16 – Covid-19 Interim Decision-Making Arrangements

The Council was asked to ratify the decision taken by the Chief Executive to appoint Anne Brown as the Interim Director Law & Governance and Monitoring Officer.  Councillor Slade, Leader of the Council formally welcomed Anne Brown to the Council.

RESOLVED that the urgent decisions detailed above be noted and the decision taken by the Chief Executive to appoint Anne Brown as the Interim Director Law & Governance and Monitoring Officer ratified.

Voting: Agreed.

Please refer to the relevant reports circulated in the supplementary pack that will be published on the website.

A – Audit and Governance Committee, 23 January 2020

Clause 63 – BCP Constitution

RECOMMENDED

(a)      That the following additions and amendments to the Bournemouth, Christchurch and Poole Council Constitution be approved and incorporated within the Constitution.

Statutory Officers Disciplinary arrangements

    i.           That an ‘Investigation and Disciplinary Committee’ be established as a Committee of Council with the Terms of Reference and membership as set out in appendix A of the report to the Audit and Governance Committee;

   ii.           That an ‘Independent Persons Panel’ be established consisting of three Independent Persons appointed pursuant to the Localism Act requirements;

  iii.           That the Terms of Reference of the existing Appeals Committee be amended to include responsibility for determining appeals relating to disciplinary action in respect of the relevant Statutory Officers;

All Councillors to sit on a least one Committee

 iv.           That there should be an expectation that all Councillors will sit on at least one Committee or Panel of the Council;

Minutes in Council agenda

   v.           That the requirement to agree and publish Minutes of all Committees at meetings of full Council be deleted;

‘Calling-in’ planning applications to Planning Committee

 vi.           That the ‘call-in’ period for Councillors should commence from the time at which the planning application is electronically published on the Bournemouth, Christchurch and PooleCouncil website;

vii.           That, where there are amendments to plans which require a further publication period, Councillors maycall in the application during that further publication period;

viii.           That a planning application be ‘called in’ to the Committee where there have been 20 representations, based on planning grounds, from separate addressed that are contrary to the recommendation of the planning officer and that the Head of Planning has the authority to the make the decision as to whether the contrary objections are based on planning grounds;

 ix.           That the Head of Planning have a wide discretion to refer planning applications to the Committee himself where he considers that it is appropriate to do so;

Public participation and access

   x.           That the new Appendix 6 and the new Petition Scheme as set out in appendices B and C of the report to the Audit and Governance Committee be approved and adopted;

Recording votes

 xi.           That the provision allowing 25% of members present at a meeting to request a recorded vote be extended to all Committees;

Terms of Reference for Audit and Governance Committee

xii.           That the revised Terms of Reference for Audit and Governance Committee as described in appendix D of the report to the Audit and Governance Committee be approved and adopted;

Interim arrangements for the Shadow Authority

xiii.           That the arrangements in Article 14 of the Constitution relating to the Shadow Authority be deleted.

B – Cabinet, 27 May 2020

Clause 172 – Holes Bay, Poole (former power station site) acquisition strategy

RECOMMENDED that Council:-

Amend the Capital Programme to include provision for this purchase, to be funded  ...  view the full agenda text for item 8.

A - Audit and Governance Committee 23 January 2020

The recommendations arising from the meeting of the Committee held on 23 January 2020 relating to the BCP Constitution were considered and approved acknowledging the proposed review referred to below:-

Minute No 63 – BCP Constitution

The Chairman of the Committee presented the report on amendments to the Constitution and proposed approval as set out on the agenda.

Councillors commented on the recommendations including the process and criteria for ‘Calling-in’ planning applications to Planning Committee.  A Member raised concerns on aspects of the process which they would feedback to the Constitution Working Group including the 30-day limit.  The Chairman of the Audit and Governance Committee reported that he had written to all Councillors asking for feedback on any issues. 

A Councillor expressed her concern relating to recommendation v – minutes in Council agenda which she did not agree with. That view was also supported by another Councillor. A Councillor explained that all minutes were available on the Council’s website and the option may be to provide a link to the minutes on the Council agenda.  The Chairman of the Audit and Governance Committee reported that there was no intention to make the minutes inaccessible.  He indicated that the suggestion to provide a link could be considered and taken forward with officers.

Councillors also commented on the proposed number of representations required to call-in a planning application and the importance of allowing residents to have a say. Members were reminded of the current provisions in the Constitution which included a call-in being undertaken via a Ward Councillor.  A Councillor emphasised that it was the value of the objection that matters but felt that call-in should still be through the Ward Councillors.

A Councillor referred to recommendation vi concerning the call-in period which she indicated was 30 calendar days from when the application was published on the Council’s website and should be referenced in the Constitution. The Chairman of the Audit and Governance Committee confirmed his discussions with the Portfolio Holder and Officers about some of the issues raised and the need to fine tune the detail.  He referred to the proposed number of public representations of 20 for automatic referral and the need for this to be monitored alongside the other issues.  The Chairman of the Audit and Governance Committee explained that it was proposed following any review that recommendations would be submitted to Council by the end of this calendar year.

It should be noted that as a result of the changes agreed by the Council the necessary and consequential technical and formatting updates and revisions to the Bournemouth, Christchurch and Poole Council Constitution would be made by the Monitoring Officer in consultation with relevant members and officers in accordance with the powers delegated to her.

Voting: Agreed.

Councillor Diana Butler requested that her dissent be recorded in respect of recommendations (v) and (viii) as detailed on the agenda

B – Cabinet 27 May 2020

The recommendation arising from the meeting  ...  view the full minutes text for item 8.

The Council’s Audit and Governance Committee established a working group to review the Constitution in accordance with its terms of reference to have oversight of the Constitution. One of the issues considered by the working group was the requirement in the Constitution to hold secret ballots for appointments of councillors to offices or positions where there is more than one nomination. The members of the working group consulted with councillors about this issue and the response was mixed and no one view could be ascertained.

The recommendation from Audit and Governance Committee in respect of this matter was that Council receive a separate report on the matter from officers and have an opportunity to vote on the issue at a Council meeting. This recommendation was approved by Council at its meeting in February 2020, and this Report provides councillors with the background and issues so that a vote can be taken as to whether to continue with the current position or amend the Constitution.

The Chairman had previously reported that in accordance with the requirements of the Constitution this item would be the subject of a recorded vote.

The Chairman presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book on voting on appointments.  He advised Members that the report had been requested by Council at its last meeting and contained a neutral recommendation as detailed below:

“Council considers whether it wishes to amend the Constitution to remove the requirement to hold a secret ballot for appointments, and if it does wish to do so authorises the Interim Monitoring Officer to amend the Constitution to remove the requirement.”

The Chairman reported that unless he received a motion removing the requirement for a secret ballot the status quo would prevail.  Councillor Mike White proposed “that the Council remove the requirement to hold a secret ballot for all appointments” which was seconded by Councillor May Haines.  Councillor Mike White in making his proposal explained that the current arrangement was against the Nolan Principles and not consistent with the approach taken by neighbouring Councils and the views of the Local Government Association.  Councillors discussed the implications of the current arrangements included in the Constitution by the Shadow Council compared with the proposal to remove the requirements.

The Chairman of the Audit and Governance Committee explained in light of the debate that the Committee had felt that this was a matter for Council to consider and determine hence the recommendation for a report to be prepared which had been agreed by Council on 18 February 2020.

A recorded vote was taken on the motion detailed above

For

Against

The following motion has been proposed by Councillor Drew Mellor and will be seconded by Councillor Philip Broadhead:­-

Vote of No Confidence

“Due to the unprecedented challenges ahead and the need for decisive action, this Council has no confidence in the current administration’s capability to continue to deliver for the Residents of Bournemouth, Christchurch and Poole. Therefore this motion seeks the removal from office of the Leader.”

The Chairman had previously reported that in accordance with the requirements of the Constitution this item would be the subject of a recorded vote.

Councillor Mellor put on record his appreciation of the enormous effort and tireless dedication to this Council of the Leader over the last year and in particular through the initial phase of the pandemic.

The Council was advised of the following motion proposed by Councillor Drew Mellor and seconded by Councillor Philip Broadhead:-

Vote of No Confidence

“Due to the unprecedented challenges ahead and the need for decisive action, this Council has no confidence in the current administration’s capability to continue to deliver for the Residents of Bournemouth, Christchurch and Poole. Therefore this motion seeks the removal from office of the Leader.”

Members in considering the motion took into account the statements and petition that had been received on the above, discussed the current political structure, the opportunity to work together, the timing of bringing the motion forwarded to the Council and the work undertaken by Councillor Slade and the Unity Alliance in the last year.

A recorded vote was taken on the motion:

For

Against

Abstentions

Voting: For – 37; Against – 37; Abstentions – 1

The Chief Executive following the recorded vote clarified each Councillors vote before announcing the result.

The Chairman used his casting vote which he dedicated to Councillor Colin Bungey and voted against the motion which was lost.

The deadline for questions to be submitted to the Monitoring Officer is 1 June 2020.

Question from Councillor Diana Butler

Poole Crematorium is a well-used facility – can you give an update on when

the furnace will be repaired, in order for cremation to take place on site again.

Response by Councillor Felicity Rice (Portfolio Holder for Environment and Climate Change)

Officers are working on a Bereavement Services Business Plan which will fully consider options for infrastructure and investment opportunities across the BCP portfolio. Unfortunately this work has been significantly delayed by the COVID-19 pandemic and the refocusing of officers capacity on support for excess deaths management.  Given the current position of reducing cases there is an expectation that the business plan will be able to be presented to Cabinet in the Autumn.

I would like to stress that there will be full engagement with all funeral directors and the public. 

It is also helpful to be aware that a provisional cost for replacement of two cremators at Poole crematorium, with NOX and mercury abatement, is in the region of £1.2 million.

At present, the deceased are being cremated in Bournemouth crematorium instead of Poole, however I would like to emphasise for the public, that we are still holding the same number of cremation services and ceremonies at Poole crematorium as normal.

Question from Councillor Diana Butler

The 5G Testbed proposed for Lansdowne, now referred to as the Smart Place Project, was agreed by Cabinet on 15 January 2020

-       Why was such an important issue not brought to Full Council for a vote?

Response from Councillor Vikki Slade (Leader of the Council)

This decision (which was actually made by Cabinet in December 2019) related to a specific Smart Place pilot project over a relatively small geographical area (The Lansdowne), with a limited anticipated duration (less than 18 months). It was therefore a project decision and not a policy decision as it did not seek to establish the Council’s policy in regard to the deployment of 5G networks across the Council area.

Evidence around the deployment of 5G had already been comprehensively examined as part of the Overview & Scrutiny Panel’s 5G Call for Evidence, which looked at potential health concerns and importantly the statutory responsibilities of local authorities in regard to wireless communications. These statutory responsibilities primarily relate to planning and are set out in ‘Section 10. Supporting high quality communications’ of the National Planning Policy Framework. The decision was not related to amending or interpreting national policy at the local level (but rather adhering to it) and therefore it did not require to come before Full Council.

Just for noting, the Council’s deployment of the 5G network at the Lansdowne will follow the recommendations made by the Overview and Scrutiny committee and subsequently by Cabinet to ensure that it is deployed in accordance with Public Health England and International Guidance.