Agenda and minutes

To appoint the Mayor for the Municipal Year 2017/18.

Nominations were sought for the position of Mayor.  It was proposed by Councillor Bayliss and seconded by Councillor Mrs L. Hodgson that Councillor Mackay be nominated for the position of Mayor.

The Mayor asked for further nominations.  No further nominations were proposed.

On being put to the vote it was agreed and

RESOLVED:  That Councillor Mackay be elected Mayor for the Municipal Year 2017/18.

COUNCILLOR MACKAY IN THE CHAIR

The Mayor to announce his/her Consort/Mayoress and present the Consort’s Mayoress’s Badge.

The Mayor informed the Council that his Mayoress would be Mrs Alison Mackay, and that Mrs Karen Rumsey and Mrs Jenny Mackay would assist her as Consorts.  The Mayor presented Mrs Alison Mackay with the Mayoress’s Chain.

To give thanks to the retiring Mayor.

Councillor Gregson proposed a vote of thanks to the retiring Mayor, Councillor P. Denham, and paid tribute to his work during his year in office on behalf of the Council.  Councillor Bayliss seconded the proposal.

The Mayor to present the retiring Mayor with the Past Mayor’s Badge.

The Mayor presented Councillor P. Denham with the Past Mayor’s badge.

The retiring Mayor to respond.

Councillor P. Denham thanked the Council and summarised his year in office. 

Councillor P. Denham gave thanks to Councillors and Officers who had supported him throughout his year.  He also thanked the Past Mayoress, Lynn Denham and his daughter Lucinda, her consort, the former Deputy Mayor, Councillor Mackay, and his Chaplain, Reverend Jim Brown.

The Mayor to present the retiring Mayoress with the Past Mayoress’s Badge.

The Mayor called on the Past Mayoress, Lynn Denham, to step forward to receive the Past Mayoress’s Badge.

To appoint the Deputy Mayor for the Municipal Year 2017/18.

Nominations were sought for the position of Deputy Mayor.  It was proposed by Councillor L. Denham and seconded by Councillor Cawthorne that Councillor Riaz be nominated for the position of Deputy Mayor.

There were no further nominations.  On being put to the vote it was unanimously agreed and

RESOLVED:  That Councillor Riaz be elected as Deputy Mayor for the Municipal Year 2017/18.

To receive any declarations of interest.

None.

Of the meeting held on 28^th March 2017 to be approved and signed by the Mayor.

RESOLVED:  That the minutes of the meeting held on 28^th March 2017 be approved as a correct record and signed by the Mayor.

To receive any communications the Mayor may wish to make.

Mayor’s Chaplain

The Mayor announced that his Chaplain would be the Reverend Diane Cooksey, the Minister for St Nicholas Church, Warndon Villages.

Mayor’s Charities

The Mayor announced that his charities would be Victim Support, Onside Advocacy and Headway.

Mayoral Theme

The Mayor announced that his theme during his year of office will be Valuing Volunteers.

Civic Service

The Mayor invited all Members to the Civic Service on Sunday 18^th June 2017.

Mayor’s Inaugural Banquet

The Mayor invited all Members to the Inaugural Banquet on Friday 8^th September 2017.

Refreshments

The Mayor invited all those present to join him for refreshments in the Mayor’s Parlour after the meeting.

To receive the report of the Returning Officer on the City Council Election on 4^th May 2017.

The Council received the report of the Returning Officer that summarised the result of the City Council Election for the Bedwardine Ward held on 4^th May 2017.

RESOLVED:  That the Council note the result of the City Council Election for the Bedwardine Ward held on 4^th May 2017.

1.1    That Council adopts a revised Constitution which implements the Committee model of governance.

1.2    That Council agrees that any changes to parts 2, 3 or 15 of the Constitution shall require a two-thirds majority of Council.

1.3    That Council delegates authority to the Monitoring Officer to finalise parts 16, 17 and 20 of the Constitution prior to publication.

The Council considered a report on the adoption of the Council’s Constitution following the implementation of the committee model of governance.

At its meeting on 22^nd November 2016, Council decided to implement the Committee model of governance with effect from Annual Council in May 2017.  The Constitution had been revised and updated to provide a framework for the governance of the Council under the committee model of governance.  The Constitution had been divided into 20 sections and was set out in Appendix 1 attached to the report.

It was proposed by Councillor Gregson and seconded by Councillor Stephen that technical amendments be made to the covering report and Part 2 of the Constitution as follows:

1.       Recommendation at 1.2 of covering report be deleted.

2.       Paragraph 3.2 of the covering report – deletion of the words “ and that any changes to Parts 2, 3 or 15 shall require a two-thirds majority of Council” and insertion of the words “for a period of at least 12 months”.

3.       Part 2 – Articles of the Constitution, Article 14.2(a) delete the words “Changes to Part 2 (Articles), Part 3 (Responsibility for Functions) and Part 15 (Group Leaders’ Protocol) shall only be approved by a two-thirds majority of full Council”.  The deletion of the words “all other parts thereof” in the next sentence.

Councillor Mitchell proposed an amendment to Parts 2, 15 and 19 of the Constitution.  The amendments were as follows:

Part 2 Articles of the Constitution - delete article 6 and replace with the following wording:

“6.1 Election of Joint Leader of the Council

The Joint Leader of the Council will be two councillors elected to the position of Joint Leader of the Council. The two councillors elected as Joint Leader of the Council shall not be from the same political group. The Council will elect a Joint Leader of the Council on an annual basis at its Annual meeting.

6.2 Term of Office

The Joint Leader of the Council shall hold office until:

(a) They resign from office

(b) They are suspended from being a Councillor

(c) They are no longer a Councillor

(d) For one year from the date of election, save that they may be removed from office at an earlier date by resolution of the Council.”

Part 15 Group Leaders' Protocol - delete paragraphs 2 and 3 and replace with the following wording:

“2. The Joint Leader of the Council

2.1 The Joint Leader of the Council will be appointed by full Council.

2.2 The two councillors appointed as Joint Leader of the Council shall comprise one member of the Conservative Group and one member of the Labour Group.

2.3 The Joint Leader of the Council shall share responsibility for attendance at the Worcestershire Leaders' Board, the Local Enterprise Partnership and the City Plan Delivery Board.”

In paragraph 9 delete all references to Leader and Deputy Leader of the Council and replace with the words “Joint Leader of the Council.”

Part 19 Councillors Duties - delete  ...  view the full minutes text for item 12.

To appoint the Leader of the Council for 2017/18.

Nominations were sought for the position of Leader of the Council.  It was proposed by Councillor J. Squires and seconded by Councillor G. Williams that Councillor Gregson be nominated for the position of Leader.

It was also proposed by Councillor Mitchell and seconded by Councillor Stanley that Councillor Bayliss be nominated for the position of Leader of the Council.

There were no further nominations.  Members of the Council were asked to vote for either Councillor Gregson or Councillor Bayliss. 

In accordance with Council Procedure Rule 7.2 a named vote was requested by Councillor Mitchell and supported by four Members.  On being put to the vote the nomination for Councillor Gregson to be elected as Leader of the Council was agreed.

Record of Voting

The Mayor then requested the Council to vote on the election of Councillor Gregson to the position of Leader of the Council.

In accordance with Council Procedure Rule 7.2 a named vote was requested by Councillor Mitchell and supported by four Members.  On being put to the vote it was agreed and

RESOLVED: That Councillor Gregson be elected as Leader of the Council for the Municipal Year 2017/18.

Record of Voting

To appoint the Deputy Leader of the Council for 2017/18.

Nominations were sought for the position of Deputy Leader.  It was proposed by Councillor Mitchell and seconded by Councillor Stanley that Councillor Bayliss be nominated for the position of Deputy Leader.

There were no further nominations.  On being out to the vote it was agreed and

RESOLVED: That Councillor Bayliss be elected as Deputy Leader for the Municipal Year 2017/18.

To note the distribution of seats between political groups that should be applied for 2017/18. (Report to follow).

The Council received the report of the Monitoring Officer seeking Council’s approval of the allocation of seats between the political groups for the Municipal Year 2017/18.

RESOLVED: That the Council agree the allocation of seats between political groups for the Municipal Year 2017/18 as set out in Appendix 1 of the minutes.

To consider the recommendations of the Leaders of the Political Groups.

The Council received details of nominations from Group Leaders for the appointment of Members to Policy Committees, Regulatory Committees and Other Bodies.  The Council considered the appointment of Chairmen and Vice-Chairmen to those Committees.

RESOLVED: That the Council approve the appointment of Members to Policy Committees, Regulatory Committees and Other Bodies and the appointment of Chairmen and Vice-Chairmen as set out in Appendix 2 of the minutes.

To receive a report on the allowances paid to Councillors in the financial year 2016/17 as required under the Local Authorities (Members’ Allowances) Regulations 2003.

In accordance with the Local Authority (Members’ Allowances) Regulations, the Council received a report on allowances paid to Members in the financial year 2016/17.  An amended report was tabled at the meeting.

RESOLVED: That the Council note the allowances paid to Members in the financial year 2016/17.

1.1    That the Council note and consider the recommendations of the Independent Remuneration Panel for Members’ Allowances as set out in Appendix 1;

1.2    That the Council adopt the Scheme for Members’ Allowances from 16 May 2017 as set out in Appendix 2; and

1.3.   That the Council agree to undertake a review of Members’ Allowances within 12 months.

The Council considered a report on Members’ Allowances for 2017/18.

In light of the decision to change the Council’s governance from the Executive model to the Committee model, it had been necessary to review Members’ Allowances and to prepare a new scheme of Members’ Allowances at Annual Council.  This was recognised as one of the key elements of work that needed to be delivered as part of the transition to the Committee model of governance.  As a result there was early engagement with the Independent Remuneration Panel (IRP) to prepare a new scheme of Members’ Allowances that could be used for the Committee model.

It had been recognised by the IRP and Group Leaders that the detail of the new roles under the Committee model would not be fully understood until the Committee model had been in operation for some time.  In light of this there had been a recommendation from the IRP and a commitment from Group Leaders to undertake a review within the first 12 months.

The report and recommendations of the IRP for 2017/18 were shown in Appendix 1 attached to the report.

In preparing the report the IRP carried out through research and benchmarking.  The IRP met on a number of occasions to consider its research, including meeting with Group Leaders.

In summary, the IRP had recommended a 1% increase on the Basic Allowance for 2017/18, which is an increase from £4,250 to £4,300 per annum.  The IRP’s recommendations for Special Responsibility Allowances were set out in Appendix 2 attached to the report.  The IRP had considered Travel Allowances and recommended that for 2017/18 they continue to be paid in accordance with HMRC mileage allowance.  The IRP recommended that Subsistence Allowances and the Dependent Carer’s Allowances for 2017/18 remained unchanged.

Group Leaders had recognised that the preparation of a new scheme for Members’ Allowances had been a difficult exercise for the IRP.  Group Leaders had welcomed the opportunity to engage with the IRP.  Discussion with Group Leaders had identified differences between the recommendations of the IRP and the views of the Group Leaders.  These were highlighted at paragraph 4 of the report.

In addition, it was recommended that the Mayor should receive a separate allowance.  This was not part of the IRP’s role and was at the discretion of the City Council.  In recognition of the significant number of duties that were carried out annually by the Mayor, it was recommended that the Mayor should receive a multiplier of 1.0.

The recommendations were considered to be an appropriate set of allowances to reflect the roles carried out by the Councillors.  However, it was also recommended that the allowances were reviewed within 12 months as part of the wider review of the operation of the Committee model of governance.

It was proposed by Councillor Gregson and seconded by Councillor Bayliss and on being put to the vote it was agreed and

RESOLVED: That the Council 

1.  note the recommendations of the Independent Remuneration Panel for Members’ Allowances  ...  view the full minutes text for item 18.

1.1     That the Council:

(a)          Notes the content of the examiner’s report on the joint examination of the South Worcestershire CIL Charging Schedules (Appendix 1) and agrees the modifications in the report that are considered necessary to make the Charging Schedules sound.

(b)          Adopts the amended CIL Charging Schedule (Appendix 3), as set out in (a) above as the appropriate basis for charging CIL in Worcester.

(c)          Adopts the Regulation 123 List and the instalment policy (Appendix 3) alongside the Worcester CIL Charging Schedule in (b).

(d)          Agrees that CIL will be implemented from Monday 4 September 2017.

(e)          Agrees the revised South Worcestershire Joint Advisory Panel Terms of Reference (Appendix 4) relating to CIL expenditure governance arrangements.

1.2    Delegate authority to the Corporate Director Place, in consultation with the Chair of the Place and Economic Development Sub Committee, to undertake the final stages associated with the formal adoption and implementation of CIL, including any minor textual changes to documents in the interest of clarity and accuracy.

The Council considered a report on the Worcester Community Infrastructure Levy (CIL), adoption of the CIL Charging Schedule, Regulation 123 List and associated CIL Policies.

The Worcester CIL Charging Schedule set out the proposed rates of CIL to be charged on different types of new qualifying development in Worcester.  Consistent with the Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 (as amended) it was informed by the following evidence: the South Worcestershire Development Plan 2016 (SWDP); South Worcestershire Infrastructure Delivery Plan; and in a series of development viability assessments by HDH Planning and Development.

The preparation of the CIL Charging Schedules had been undertaken jointly between the South Worcestershire Councils (SWCs), with the support of Worcestershire County Council, in accordance with the above legislation.

The adoption of CIL would be supported by an implementation process, to collect the levy, as well as a governance framework for the expenditure of CIL income and to distribute monies.  It was proposed that the South Worcestershire Joint Advisory Panel (JAP) would perform a role in the latter process, and revised JAP Terms of Reference were attached to the report as Appendix 4.

It was proposed by Councillor G. Williams and seconded by Councillor Mitchell and on being put to the vote it was agreed and

RESOLVED: That the Council:

1.  notes the content of the examiner’s report on the joint examination of the South Worcestershire CIL Charging Schedules (Appendix 1) and agrees the modifications in the report that are considered necessary to make the Charging Schedules sound;

2.  adopts the amended CIL Charging Schedule (Appendix 3), as set out in (a) above as the appropriate basis for charging CIL in Worcester;

3.  adopts the Regulation 123 List and the instalment policy (Appendix 3) alongside the Worcester CIL Charging Schedule in (b);

4.  agrees that CIL will be implemented from Monday 4 September 2017;

5.  agrees the revised South Worcestershire Joint Advisory Panel Terms of Reference (Appendix 4) relating to CIL expenditure governance arrangements; and

6.  delegate authority to the Corporate Director - Place, in consultation with the Chair of the Place and Economic Development Sub-Committee, to undertake the final stages associated with the formal adoption and implementation of CIL, including any minor textual changes to documents in the interest of clarity and accuracy.

To consider an interim appointment to the statutory role of S.151 Officer.  (Report to follow)

The Council received the report of the Managing Director seeking Council’s approval to appoint Mark Baldwin as the Interim S.151 Officer with immediate effect.

RESOLVED: That the Council agree the appointment of Mark Baldwin as the Interim S.151 Officer with immediate effect.

To note the following dates for meetings of the Council until the end of May 2018:

Wednesday, 26^th July 2017

Tuesday, 21^st November 2017

Tuesday, 20^th February 2018

Tuesday, 27^th March 2017

Tuesday, 15^th May 2018

The Council considered the dates for Council meetings for 2017/18.

RESOLVED:  That the Council agree the following dates for meetings of the Council until the end of May 2018:-

2017

Wednesday 26^th July

Tuesday 21^st November

2018

Tuesday 20^th February

Tuesday 27^th March

Tuesday 15^th May (Annual Council)

The Council is invited to pass the following resolution:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it may involve the likely disclosure of information as defined in Schedule 12A of the said Act.

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of information as defined in Schedule 12A of the said Act.

Of the meeting held on 28^th March 2017 to be approved and signed by the Mayor.

RESOLVED: That the minutes (exempt item) of the meeting held on 28^th March 2017 be approved as a correct record and signed by the Mayor.

Policy Committees

Regulatory Committees

Other Bodies