Agenda and minutes

Council
Tuesday, 15th September, 2020 7.00 pm

Venue: Virtual Meeting

Contact: Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

27.

Apologies

To receive any apologies for absence from Councillors.

Minutes:

There were no apologies submitted for this meeting.

 

28.

Declarations of Interests

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.

Minutes:

Councillor Mike Brooke, in respect of agenda Item 6b - Cabinet 29 July 2020 - Minute no 204 – Adoption of the Statement of Community Involvement, declared a local interest reporting that he was the Vice-Chairman of the Broadstone Neighbourhood Forum.

 

29.

Confirmation of Minutes pdf icon PDF 362 KB

To confirm and sign as a correct record the minutes of the adjourned Annual Council meeting and Ordinary Council meeting held on 7 July 2020.

Additional documents:

Minutes:

The Minutes of the adjourned Annual Council meeting and Ordinary Council meeting held on 7 July 2020 were confirmed.

 

30.

Announcements and Introductions from the Chairman

To receive any announcements from the Chairman.

Minutes:

The Chairman reported on the following:

 

A – Death of Councillor Pete Parrish

 

The Chairman with great sadness reported on the recent death of Councillor Pete Parrish. He advised Members that Councillor Parrish was elected to BCP Council in May 2019 for the Canford Heath Ward and served as a member of the Licensing Committee.

 

Councillor Sandra Moore paid tribute to Councillor Parrish for his service to the Council and his role as aWard Councillor.

 

B – Death of Honorary Alderman Jean Moore

 

The Chairman with great sadness reported on the recent death of Honorary Alderman Jean Moore.

 

Councillor Mrs Moore was first elected to Dorset County Council in 1981, and to Bournemouth Borough Council in 1983 as a Moordown Ward Councillor.  She served on numerous Committees for both Councils, took the Office of Mayor of Bournemouth Borough Council from 1996 to 1997 and became an Honorary Alderman in 2007.

 

Councillor Millie EarI paid tribute to Honorary Alderman Jean Moore for her service. Councillor Mark Anderson commented on his experience of working with Honorary Alderman Jean Moore.

 

The Council paid silent tribute to Councillor Pete Parrish and Honorary Alderman Jean Moore.

 

C – Card of thanks received from the Lord Lieutenant of Dorset

 

The Chairman reported on a card received from the Lord Lieutenant of Dorset Angus Campbell, referring to the innovation, collaboration courage and selflessness shown by so many across Dorset in the shadow of Covid-19 which was an inspiration and as Her Majesty the Queen’s representative in Dorset he thanked everyone for their contribution in such extraordinary times.

 

D – 80th Anniversary of the Battle of Britain

 

The Chairman following a request from Councillor Susan Phillips reported on the 80th Anniversary of the Battle of Britain and in particular that today was Battle of Britain Day.

 

31.

Public Issues pdf icon PDF 807 KB

To receive any public questions, statements or petitions submitted in accordance with the Constitution.

Minutes:

The Chairman reported as follows:

 

A – Public Questions

 

In accordance with the Constitution the following public questions 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:

·         Angela Sullivan on the plight of bars with live events

·         Mr M A Rodger on the Covenant of Mayors

·         John Dobson – Mudeford Sandbank Beach House Cafe

·         Stephen Barratt - Mudeford Sandbank Beach House Cafe

·         Sally Harris - Mudeford Sandbank Beach House Cafe

·         Mary Timms - Mudeford Sandbank Beach House Cafe

·         Kimbal Furmidge - Mudeford Sandbank Beach House Café

·         Lindsey Webb – Mudeford Sandbank Beach House Café

 

 B – Statements

 

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

  • Helen Ash on agenda item 12 - motion on vote of no confidence
  • Susan Chapman on agenda item 12 - motion on vote of no confidence
  • P Gatrell on agenda item 11 – Report under Section 5 of the Local Government and Housing Act 1989
  • Zoe Tees on one-way system on Southbourne High Street

 

C – Petitions

 

The following petition received had been published on the website with a covering statement and a link circulated to all Councillors:

 

·         Mr Frank Ahern on behalf of Save Land North of Merley

 

Note the above petition was submitted prior to the changes to the Constitution.

 

32.

Recommendations from Cabinet and Other Committees

Please refer to the recommendations detailed below.

Additional documents:

Minutes:

6a - Cabinet 29 July 2020 - Minute no 203 – 2019/20 Financial Outturn Report

 

The Portfolio Holder for Finance presented the report on the 2019/20 Financial Outturn and proposed approval as set out on the agenda.  He outlined the outturn position explaining that the improved position had resulted in a surplus of £0.2m in the general fund revenue account when the contingency had been used.  The Portfolio Holder highlighted that in the first year the work of BCP Council had been delivered within the financial parameters set down by the shadow authority without the need to draw down on the Financial Resilience Reserve.  He reported on a number of movements since the third quarter due to the impact of Covid.  Councillors were asked to consider the recommendations relating to the capital virements as detailed in the report.

 

The recommendations arising from the meeting of the Cabinet held on 29 July 2020 relating to the above were approved.

 

Voting: Unanimous.

 

6b - Cabinet 29 July 2020 - Minute No 204 - Adoption of the Statement of Community Involvement

 

The Portfolio Holder for Strategic Planning presented the report on the adoption of the Statement of Community Involvement and proposed approval of the recommendations as set out on the agenda.  She explained that the document replaced the legacy documents and highlighted the consultation undertaken.  The Council was advised that since Cabinet agreed the content of the draft SCI an amendment had been made to the Town and Country Planning (General Permitted Development) Order 2015 that needed to be reflected in the SCI Section 3 (Table 1 relating to prior approval as detailed on the agenda.

 

Councillor David Kelsey moved the following amendment seconded by Councillor Ann Stribley:

 

That the following be added to recommendation (a)

 

subject to the additional requirement to send letters by post to neighbouring properties surrounding application sites.

 

The Portfolio Holder for Strategic Planning responded to the proposed amendment indicating her surprise in view of previous discussions and comments made previously by the Overview and Scrutiny Board. 

 

Councillors discussed and commented on the timing of the amendment, the implications, wording, role of ward councillors, ensuring that residents were aware of planning applications and cost implications. In response to a question on the assessment of the financial implications of the amendment the Chief Executive reported that the financial implications were set out in the report and explained that if the amendment was passed it would have to be referred back to Cabinet to identify the source of funding.

 

The Portfolio Holder for Strategic Planning reported that currently letters were not being sent out in Bournemouth. She highlighted that if letters were sent out across Bournemouth, Christchurch and Poole the costs would be considerably more than £80k and this has not been considered.  She explained that the Council was meeting its statutory requirement by what she had proposed.

 

A Councillor referred to the impact of Covid-19 and that he was under the impression that the digital channel would have  ...  view the full minutes text for item 32.

33.

Decisions taken by the Chief Executive in accordance with the urgency powers pdf icon PDF 155 KB

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

 

(a)           Appointment of interim Corporate Director for Children’s Services (DCS)

(b)           Appointment of Interim Director Law & Governance and Monitoring Officer

 

The Council is asked to ratify the decisions taken by the Chief Executive to appoint the above officers circulated with the agenda.

 

 

Additional documents:

Minutes:

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

 

(a) Appointment of Interim Corporate Director for Children’s Services (DCS)

(b) Appointment of Interim Director Law & Governance and Monitoring Officer

The Council was asked to ratify the decisions taken by the Chief Executive to appoint the above officers circulated with the agenda.

 

The Leader of the Council paid tribute to Anne Brown who had been the interim monitoring officer who had been taken ill and thanked her for her service to the Council.  She would be replaced on an interim basis by Sian Ballingall who was the current Deputy Monitoring Officer.  She also took the opportunity to welcome the new Interim Corporate Director for Children’s Services, Elaine Redding.

 

RESOLVED that the urgent decisions taken by the Chief Executive detailed above be ratified.

 

Voting: Agreed.

 

Note - Councillor Mark Howell was unable to vote on the above decision as he had lost connection.

 

34.

Local Outbreak Management Plan - delegated powers pdf icon PDF 686 KB

BCP Council published its Local Outbreak Management Plan on 30 June 2020. This report sets out how the Council will respond to significant outbreaks, and or increasing COVID-19 infection rates in our communities. Councils have local powers available to them under the coronavirus health protection regulations, to support prompt public health action. This paper updates Councillors on the Local Outbreak Management Plan and recommends powers are delegated to the Chief Executive, as advised by the Director of Public Health.

Minutes:

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix “A” to the minutes in the Minute Book on the Local Outbreak Management Plan and the specific powers delegated to the Chief Executive.  She reported that she was delighted that so many Councillors had attended the seminar on 14 September 2020 on the Plan which explained the escalation process if the number of cases in the BCP Council area were to increase. The Plan provided for specific delegated powers to the Chief Executive as advised by the Director of Public Health relating to issues such as closure of premises.  

 

The Leader in presenting the report referred to the current difficulties being experienced at testing sites including the Creekmoor testing site.  She wanted to provide reassurance to the public and reported that she had written to Baroness Dido Harding, the Head of Test and Trace, the Secretary of State, local MPs and the Director of Public health, not only about the difficulties in obtaining tests but also other operational issues.  The Leader of the Council reported that she had been raising complaints on these issues for some time.  She emphasised that it was crucial that the public have confidence in the ability to get a test and follow the instructions from Public Health and that the Government needed to resolve this national issue quickly.

 

A Councillor reported that the training that she attended on 14 September 2020 was good, but extremely short and rather late.  She highlighted her concerns relating to the actual process in accessing a test which was impossible. She explained that the Chief Executive had struggled to gain any responses to his numerous approaches to Public Health.   She referred to documented evidence of ‘horror stories’ that many local residents were experiencing.  The Councillor reported that the Council had been advised that the issue was due to lab capacity which in her view was an excuse when the tests from the Creekmoor testing site were being sent to the same labs as Bristol, Isle of Wight and Devon.  She proposed a virtual delegation from the Council be sent to Government on the Creekmoor regional testing centre emphasising that the process and protocols were not working and the need to resolve this matter quickly as the Council did not want any deaths as a result of this failing.

 

The Leader of the Council clarified the specific delegated powers of the Chief Executive in accordance with the Local Outbreak Management Plan which were to close premises, restrict events and restrict access to premises. She highlighted that the difficulties with testing was a national problem, the Council had no involvement with the Creekmoor Testing Centre and emphasised that this was a matter that the Government needed to resolve. A Councillor confirmed that she was not saying that the Council was at fault it was Public Health England and the incorporated system that had failed.  The Leader  ...  view the full minutes text for item 34.

35.

Review of the Political Balance of the Council and the allocation of seats on Committees pdf icon PDF 220 KB

The Council is asked to consider and approve the review of the political balance of the Council, the allocation of seats on Committees to each political group and the appointment of Councillors to Committees.

Minutes:

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

 

The Council was asked to consider and approve the review of the political balance of the Council, the allocation of seats on Committees to each political group and the appointment of Councillors to Committees.

 

The Leader of the Council outlined the proposed changes as detailed in the report.  She reported on the proposal to replace Councillor Parrish on the Licensing Committee and remove a Liberal Democrat member on the Planning Committee which would be allocated to the Conservative Group. She reported on the Investigation and Disciplinary Committee and the membership as set out in the Constitution which by default included the Leader of the Council.  The Leader of the Council reported that she had approached the non-aligned Members for expressions of interests and had received a request for further information at this stage.  She highlighted that the membership of the Committee still needed to be resolved.

 

RESOLVED that:

 

(a) the revised political balance of the Council, as set out in Table 1 of this report, be approved;

 

(b) the allocation of seats to each political group, as set out in Table 2 of this report, be approved, subject to any changes;

 

(c) the appointment of Councillors to Committees and Boards taking into account the membership, as detailed in Table 3 and any nominations submitted by political groups, be approved acknowledging that the membership of the Investigation of Disciplinary Committee still needs to be resolved.

 

Voting: Unanimous

 

36.

Review of Article 15 - Covid-19 Interim Decision-Making Arrangements pdf icon PDF 240 KB

The Council adopted, under urgency provisions, an Article for the Constitution which enabled effective and transparent decision-making to continue during the Covid-19 crisis, including provisions relating to the holding of virtual meetings. The Article included provisions for review and indicated that, in any event, the Article would be reviewed by the end of September 2020.

 

This report therefore seeks Council’s approval for a revision to this Article in light of working practices and latest guidance. The report outlines options for conducting meetings of the council during the pandemic and recommends that virtual meetings should continue.

Additional documents:

Minutes:

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

 

The Council adopted, under urgency provisions, an Article for the Constitution which enabled effective and transparent decision-making to continue during the Covid-19 crisis, including provisions relating to the holding of virtual meetings. The Article included provisions for review and indicated that, in any event, the Article would be reviewed by the end of September 2020.

 

The Leader of the Council outlined the interim decision-making arrangements adopted including the arrangements for virtual meetings.  She reported that the Council had been able to maintain a full programme of Committees acknowledging that during lockdown there had been some reduction whilst maintaining statutory Committees.  All Members had been able to access virtual meetings and the public had the opportunity to view public meetings via live streaming through You Tube, facebook and other electronic methods. The Leader of the Council explained that the report therefore sought Council’s approval for a revision to this Article in light of working practices and latest guidance and outlined options for conducting meetings of the council during the pandemic and recommended that virtual meetings should continue. The Council was advised that consideration had been given to what was practical and admissible and the Leader of the Council reported that on site meetings would not be compliant with national public health guidance.  She commented on the level of public interaction and the positive comments received in viewing meetings electronically.  The Leader of the Council referred to the option of hybrid meetings which had also been considered but explained that there were difficulties with the co-ordination of differing electronic systems which were not compatible. Therefore, it was recommended to continue with virtual meetings.  Councillors were informed that the Town Hall Accommodation Project was making good progress and once the Group on civic and meeting spaces was convened (the Leader made a request for nominees to serve on this group) and concluded its work some spaces would be provided with the appropriate equipment.

 

A Portfolio Holder congratulated officers on the work undertaken to enable the Council to undertake meetings virtually and how the Chairman managed Council meetings.  He welcomed 8.4 of the Article and the introduction of other parties to overview and scrutiny meetings.

 

A Member expressed her concerns on the length of time for the interim decision-making arrangements and asked if a review date could be included. The Leader of the Council clarified that 7 May 2021 was when the regulations would be reviewed by the Government.  She highlighted the opportunity in view of the current situation and longer-term implications of Covid-19 of being able to reintroduce physical meetings was unlikely.

 

RESOLVED that the revised Article 15 – Covid-19 Interim Decision-Making Arrangements, as set out in Appendix 1 to this report, be approved with the current remote meeting arrangements.

 

Voting: Unanimous

 

37.

Report under Section 5 of the Local Government and Housing Act 1989 pdf icon PDF 139 KB

The Report provides information on a minor omission to make available for public inspection the draft Annual Governance Statement in June 2019. It is presented to the Council for information only as changes were made to the relevant processes in 2019 when the omission came to light and the omission is unlikely to recur.

Minutes:

The Chief Executive presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'D' to these Minutes in the Minute Book.

 

The Chief Executive explained that he was introducing this report on behalf of Anne Brown the Monitoring Officer who had left due to illness.  He also wanted to take the opportunity of thanking her for her service in the short time that she was with the Council.

 

The Chief Executive reported that all Councils had a legal duty to publish a draft Annual Governance Statement alongside the Statement of Accounts which had been a legal requirement since April 2015 including for public consultation.  The Chief Executive explained that the Annual Governance Statement sets out the Council’s assessment of the key governance issues faced by the Council and the process for identifying those issues. He reported that the Council had carried forward the accounting practices from preceding authorities and in doing so had omitted to fulfil the specific legal duty of publishing the draft Annual Governance Statement for Bournemouth Borough Council.  The Council had recognised this omission which had been identified by a local resident.  The Chief Executive thanked him for bringing it to the Council’s attention. 

 

The Chief Executive reported that the Council had remedied this for the future and changed its practices, and he confirmed that the Annual Governance Statement for BCP Council for 2019/20 was published from 3 August until 14 September 2020 in accordance with the Regulations.  He explained that the Monitoring Officer had a legal duty to advise the Council of the breach and that was why the report had been submitted to the Council.  

 

A Councillor thanked Mr Gatrell who was a resident in his ward for bringing the matter to the attention of the Council.  He reported that it was not necessarily a minor error as the Council broke the law.  The Councillor highlighted the huge amount of effort undertaken by Mr Gatrell, that he was delighted that it had now been recognised and placed on record his thanks to Mr Gatrell. His comments were echoed by another Councillor who expressed his concern about the Council’s approach.

 

RESOLVED that the report be noted.

 

Voting: Unanimous

 

Note the meeting was adjourned from 20:57 until 21:09

 

38.

Notice of Motions in accordance with Procedure Rule 12 and 14.2

The following motion submitted in accordance with Procedure Rule 12 and 14.2 of the Meeting Procedure Rules and signed by the requisite number of Councillors has been proposed by Councillor Drew Mellor and seconded by Councillor Philip Broadhead:­-

 

“In recent weeks, a number of decisions have been taken by the BCP Council Administration without proper consultation with the residents and businesses who will be affected. Ward Councillors were only consulted or informed, once plans were set to be implemented.  This has resulted in a high level of public frustration and mistrust.

 

It is clear that the “Unity Alliance” administration is making decisions and plans without due regard to resident, business, visitor or councillor comment or suggestions.

 

This Council therefore has no confidence in the current administration to deliver for the residents of Bournemouth, Christchurch and Poole and seeks the removal from office of its Leader.”

 

Minutes:

The following motion was submitted in accordance with Procedure Rule 12 and 14.2 of the Meeting Procedure Rules and signed by the requisite number of Councillors proposed by Councillor Drew Mellor and seconded by Councillor Philip Broadhead:­-

 

“In recent weeks, a number of decisions have been taken by the BCP Council Administration without proper consultation with the residents and businesses who will be affected. Ward Councillors were only consulted or informed, once plans were set to be implemented.  This has resulted in a high level of public frustration and mistrust.

 

It is clear that the “Unity Alliance” administration is making decisions and plans without due regard to resident, business, visitor or councillor comment or suggestions.

 

This Council therefore has no confidence in the current administration to deliver for the residents of Bournemouth, Christchurch and Poole and seeks the removal from office of its Leader.”

 

Members in considering the motion took into account the statements that had been received on the above, discussed the opportunity to work together the work undertaken by the Unity Alliance including their schemes, projects and policies, the expectations of local residents, the level of consultation and the operation of the Council during the pandemic. 

 

A recorded vote was taken on the motion:

 

For

Cllr Hazel Allen

Cllr Bryan Dion

Cllr Cheryl Johnson

Cllr Mark Anderson

Cllr Bobbie Dove 

Cllr Andy Jones

Cllr Sarah Anderson

Cllr Beverley Dunlop

Cllr Jane Kelly 

Cllr Julie Bagwell

Cllr Jackie Edwards

Cllr David Kelsey

Cllr John Beesley

Cllr Duane Farr

Cllr Bob Lawton 

Cllr Derek Borthwick

Cllr Laurence Fear

Cllr Drew Mellor 

Cllr Philip Broadhead

Cllr Anne Filer

Cllr Tony O’Neill

Cllr Diana Butler

Cllr Mike Greene

Cllr Susan Phillips

Cllr Daniel Butt

Cllr Nicola Greene

Cllr Karen Rampton

Cllr Judes Butt

Cllr May Haines

Cllr Roberto Rocca

Cllr Eddie Coope

Cllr Peter Hall

Cllr Ann Stribley

Cllr Malcolm Davies

Cllr Nigel Hedges

Cllr Mike White

Cllr Norman Decent

Cllr Mohan Iyengar

Cllr Lawrence Williams

 

Against

Cllr Lewis Allison

Cllr George Farquhar

Cllr Simon McCormack  

Cllr Marcus Andrews

Cllr David Flagg 

Cllr Pete Miles 

Cllr Steve Baron

Cllr Nick Geary 

Cllr Sandra Moore 

Cllr Mike Brooke

Cllr Andy Hadley 

Cllr Lisa Northover

Cllr David Brown

Cllr Paul Hilliard

Cllr Margaret Phipps 

Cllr Simon Bull

Cllr Mark Howell

Cllr Felicity Rice 

Cllr Richard Burton 

Cllr Toby Johnson

Cllr Chris Rigby

Cllr Mike Cox 

Cllr Marion LePoidevin

Cllr Mark Robson 

Cllr Lesley Dedman 

Cllr Lisa Lewis 

Cllr Vikki Slade

Cllr Millie Earl

Cllr Rachel Maidment

Cllr Tony Trent 

Cllr L-J Evans

Cllr Chris Matthews

Cllr Kieron Wilson 

 

Abstentions

Cllr Stephen Bartlett

Cllr Nigel Brooks

 

 

Voting: For – 39; Against – 33; Abstentions – 2

 

The motion was carried, and the Chairman announced that an Extraordinary Council meeting would be held on 1 October 2020 at 7 pm for the Election of the Leader of the Council.

 

Councillor Mark Howell reported that he would undertake the role of acting Leader of the Council until a new Leader was appointed which he stated was a  ...  view the full minutes text for item 38.

39.

Questions from Councillors

The deadline for questions to be submitted to the Monitoring Officer is 7 September 2020.

Minutes:

Question from Councillor Andy Jones

The environmental charity ‘Keep Britain Tidy’ believes that education is the way to prevent the public from littering, supported by proportionate and fair enforcement. Could the Cabinet Member advise what action the Council is taking in respect of both of these areas. Could the Cabinet Member further advise how many fixed penalty notices have been issued as part of the Bournemouth town centre littering pilot and whether this will be made a permanent arrangement and also extended to other areas across the conurbation?

 

Response from Councillor Felicity Rice, Portfolio Holder for Environment and Climate Change

 

Through our ‘Leave Only Footprints’ campaign we have engaged with beach visitors on site, through our website and social media since 2017. Supported in part by Natural England we recruited an engagement officer in September 2018 with a desire to take positive engagement to all primary school pupils in the BCP area, and whilst Covid has impacted on our ability to work with schools in 2020 we had over 2000 children engage with the programme in their schools and around 2500 engage with our programme on our seafront in 2019.

 

We are currently drafting a Leave Only Footprints strategy to enable us to improve our engagement activities, especially with the completion of the Environmental Hub at Durley Chine in summer 2021, to link in with the current Climate Emergency Action Plan and the BCP Waste Strategy when it is completed in the near future.

 

Regarding the fixed penalty notices pilot, Cabinet agreed on 15 January to implement a six month pilot to use CSAS Officers to issue fixed Penalty Notices for littering and these officers were allocated these powers following this approval. However, progress in implementing this was impacted by the Covid lockdown. Since the reopening of urban centres and throughout the busy summer period, CSAS Officers have been focused on tackling street ASB and begging.  The six month pilot will formally start on September 14 and run until February 2021.  Subsequently a report will be brought back to Cabinet setting out the outcome of the pilot, financial implications and future options appraisal for Environmental Enforcement across BCP. This will also be an important aspect of the future strategy for CSAS as a service going forward.

 

Question from Councillor Diana Butler,

The Dorset Local Industrial Strategy specifies “5 Foundations of Productivity” (ideas, people, infrastructure, business environment and place) – what steps have been taken to ask businesses, the public, council staff and councillors for ideas to retain Poole Civic Centre for the town?

 

Response from Councillor Vikki Slade

 

The creation of BCP Council in 2019 was based on the opportunity to deliver services at a conurbation wide level, thereby establishing a stronger regional and national profile for our area, and also to bring about sustainable financial efficiencies.  As a single authority it was inevitable that our office accommodation requirements would change and in particular that the council’s civic space would necessarily be less than when the preceding councils existed. 

 

The  ...  view the full minutes text for item 39.