Agenda

Pursuant to the adoption by the Council on 24 September 2007 of the Tewkesbury Borough Council Code of Conduct as set out in Minute No. CL.31, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

 

Members are reminded that they should, at all times, observe the Code in carrying out their duties and that they signed such an undertaking in their Declaration of Acceptance of Office.

To approve the Minutes of the meeting held on 28 August 2007 (copies attached).

1. When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors' car park at the front of the building and await further instructions (staff should proceed to their usual assembly point). Please do not re-enter the building unless instructed to do so.

 

In the event of a fire any person with a disability should be assisted in leaving the building.  

 

2. To receive any announcements from the Chairman of the Meeting and/or the Chief Executive 

To receive any questions or petitions submitted under Rule of Procedure 12. Any items received will be circulated on 23 October 2007. 

(a) Deteriorating Road Surfaces in Tewkesbury Borough

 

Proposed by Councillor Mrs C Wright and seconded by Councillor B C Calway:

 

That this Council urges Gloucestershire County Council to address as a matter of urgency the problems of deteriorating road surfaces in the Tewkesbury Borough Council area

 

(b) Referendum on the European Union Treaty

 

Proposed by Councillor B C Calway and seconded by Councillor Mrs C Wright

 

That this Council writes to the Prime Minister urging him to offer a referendum to the British people following the signing of the European Union Treaty by Tony Blair.

 

(c) Development within the Borough

 

Proposed by Councillor Miss E A Hancox and seconded by Councillor Mrs C Wright:

 

In view of the obvious disquiet and disbelief amongst many of the residents of Tewkesbury that development such as Wheatpieces and Bredon Road contributed to the disaster of the 20 July 2007 I would propose the following:

 

That no further building development take place in Tewkesbury and the surrounding areas until this Council is entirely satisfied that any such development will not put residents and businesses at risk. To achieve the above, that the Council press for a full and independent inquiry into the circumstances and consequences of 20 July last.

 

(d) Healings Mill

 

Proposed by Councillor Miss E A Hancox and seconded by Councillor Mrs C Wright:

 

The huge amount of investment presently committed to improving the commercial viability of Gloucester and plans for the redevelopment of Cheltenham reflect a commitment to improve the cultural and economic viability of both towns. This Council should use every opportunity to also attract investment and business opportunities to improve the economic viability of the borough and its residents. I therefore propose

 

That this Council undertake an in-depth study and consultation with regard to the potential use of the now vacant Healings Mill.

 

(e) Severn Trent Water

 

Proposed by Councillor M Collins and seconded by Councillor M G Sztymiak:

 

This Council regrets Severn Trent's decision to withdraw its offer of compensation for loss of water supply to the people of Gloucestershire.  It notes that the cost of this would represent less than one half of one per cent of the company's annual profits.

 

The purpose of the Guaranteed Standards Scheme is to provide compensation for loss of supply without argument.  It was premature for Ofwat to have accepted Severn Trent's excuse that circumstances were beyond their control when inquiries are still ongoing into the flood prevention measures taken at the Mythe.  This Council calls on Severn Trent to honour its original promise of full compensation to the people of Gloucestershire.

 

(f) Maintenance of drains

 

Proposed by Councillor J D H McCloy and seconded by Councillor M G Sztymiak:

 

That this Council calls upon the County Council to carry out a comprehensive survey of the drains in the Borough, particularly those areas that flooded in July, and following that survey, work be undertaken to clear all of the blocked drains and gullies with a regular maintenance programme being undertaken at least twice yearly thereafter.

 

(g) Increase in funding for flood defence

 

Proposed by Councillor J D H McCloy and seconded by Councillor M G Sztymiak:

 

a)      That this Council calls upon the Government to substantially increase the funding for flood defence in line with the requirements of the Association of British Insurers to ensure that all properties in the Borough remain insurable

b)      That the Council write to other Authorities affected by the floods asking that they pass similar Motions pressing for an increase in flood defence funding.

 

(h) The creation of one single organisation to oversee all matters concerning flooding and drainage.

 

Proposed by Councillor M G Sztymiak and seconded by Councillor J D H McCloy:

 

a)       That this Council calls upon the Government to create one single organisation responsible for overseeing all matters relating to flooding and drainage. This body to have powers of enforcement to ensure all rivers, ditches, gullies and drains are maintained and that adequate flood defences are created, maintained and deployed.

b)   That this organisation will be the statutory consultee for planning on matters relating to flooding and to have the statutory powers to refuse planning permission on the grounds of adverse affect of flooding.

c)   That the Council write to other Authorities affected by this year's floods asking that they pass similar Motions pressing for the creation of a single organisation with overarching responsibility for flooding. 

The Council is asked to consider and determine recommendations of a policy nature arising from the Policy Committees as follows:- 

The Community and Economy Committee, at its meeting on 4 July 2007, agreed that it be RECOMMENDED TO COUNCIL:

1. That the development project continues in accordance with the Committee Resolution of 13 September 2006 but that no planning permission be sought before extensive consultation has been undertaken, particularly with those residents most directly affected by the proposals, and reported back to the February Council meeting in 2008.

2. That the Strategic Director of Operations be authorised to seek to identify potential developers and/or retailers for the Town Centre Regeneration site. 

The Community and Economy Committee, at its meeting on 4 July 2007, agreed that it be RECOMMENDED TO COUNCIL that further work on the outsourcing of Leisure Management be DEFERRED pending the outcome of the decisions on the new Leisure Centre Project, Churchdown Sports Centre and the Medium Term Financial Strategy.

The Community and Economy Committee, at its meeting on 5 September 2007, agreed that it be RECOMMENDED TO COUNCIL that the Community Engagement Policy be ADOPTED

At it's meeting on 2 October 2007 the Housing and Environment Committee considered draft responses to consultation on the Housing Green Paper "Homes for the Future: More Affordable, More Sustainable" and it was RECOMMENDED TO COUNCIL to RESOLVE:

1. That the comments, as set out in bold italics in the report, be ENDORSED as this Authority's response to the specific consultation questions subject to strengthening of the points in relation to flooding, design and density of development to make the responses more robust.

2. To RESOLVE to work with partner Authorities to make a bid for "New Growth Points" funding 

At its meeting on 2 October 2007 the Housing and Environment Committee considered a report on the Gloucestershire Housing Market Partnership and delivery of affordable housing and it was RECOMMENDED TO COUNCIL to RESOLVE:

 

To APPROVE the use of Council funds of up to �130,853 to support the delivery of affordable housing through the Gloucestershire Housing Market Partnership in the short term, until funds become available for the Gloucestershire Housing Market Partnership via an off site contribution. 

At its meeting on 10 October 2007 the Resources and Corporate Governance Executive Committee considered a report on the Flood Recovery Grant Criteria and it was RECOMMENDED TO COUNCIL that a report be considered on the suggested criteria for the remainder of the budget

1.      To approve a Political Structure for implementation on 1 November 2007 by resolving:

a.      The composition and Terms of Reference of:-

                                 i.      The Executive Committee

                               ii.      The Overview & Scrutiny Committee

                              iii.      The Audit Committee

b.      The Role of the Leader of the Council (and Deputy Leader of the Council)

2.      Elect a Leader of the Council

3.      Elect a Deputy Leader of the Council

4.      Make appointments to the Executive, Overview & Scrutiny & Audit Committees.

5.      Approve a new Constitution as set out in Appendix 1 and in particular decide:-

a.      The quorum for the Executive, Overview & Scrutiny and Audit Committees

b.      The quorum for the Standards Committee

c.      Whether there should be any restriction on Membership of Committees

d.      Whether to permit substitution on Committees and if so to determine the procedure and any restrictions

e.      The procedure for making Urgent decisions

f.        Whether to make amendments to the Scheme for Public Participation

g.      Whether to discontinue the practice of inviting "Ex-Officio" Members to Committees

h.      Whether to include a requirement for notice to be given for proposals to amend the budget

i.         Whether to include authority for the Borough Solicitor to make minor changes to the Constitution

6.      To agree that the Officer Scheme of Delegation contained within the Constitution will continue until it is fully reviewed within the next 6 months.

7.      To note that the Tewkesbury Borough Council Protocols will be reviewed as soon as possible, a target being within 6 months

8.      To note that the current Scheme for Councillors' Remuneration will continue until May 2008

9.      To note that Member and Officer Training on the revised Political Structure will take place as soon as is practicable

10.  To approve the Schedule of Meetings attached at Appendix 2

11. To agree that a review be carried out of the new Political Structure and Constitutionafter 6 months operation of the new Structure

 

(Please note that the Draft Constitution - Appendix 1 - is attached as a separate document)

To present the outcomes of the Member sessions on the Council's priorities and qualities.

The Chairman will move the adoption of the following resolution:

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

To approve the separate Minutes of the meeting of the Council held on 28 August 2007 (copy attached)

The Council is asked to consider and determine recommendations of a policy nature arising from the Policy Committees on confidential matters as follows:-

(Exempt -Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 -Information relating to the financial or business affairs of any particular person (including the authority holding that information))

 

To receive and consider the recommendations of the Resources and Corporate Governance Executive Committee at its meeting on 11 July 2007 in respect of the way forward in relation to this site. 

(Exempt -Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 -Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

 

To receive a report on the Court of Appeal Challenge by M A Holdings to the High Court Decision of 3 April 2007 quashing Housing and other related policies of the Local Plan.