Apologies for absence were received from Cllr Russell and Sir Trevor Brooking, Freeman of the Borough. 

No declarations of interest were received.

The Mayor’s Presentations to Civic Award Winners and Charities.

The Mayor recounted highlights of her Mayoral Year and presented Civic Awards for Service to the Community to three winners:  Wayne Banks, Wendy Garnett and Peter Salmon. 

She also presented cheques to her chosen charities – Brentwood Talking Newspaper, Brentwood Community Print and St Francis Hospice, and also made a donation to the Visually Impaired Group.

Vote of thanks to outgoing Mayor

Election of Mayor for Municipal Year 2015/16

Annual Council elected a Mayor to serve for the ensuing Municipal Year.

Cllr Mrs McKinlay  MOVED and Cllr Mrs Henwood SECONDED that Cllr Mark Reed should be Mayor and following a vote on a show of hands it was RESOLVED UNANIMOUSLY that  Cllr Reed be installed as Mayor for the Municipal Year 2015/16.

Designate a Deputy Mayor for Municipal Year 2015/16

Annual Council elected a Deputy Mayor to serve for the ensuing Municipal Year.

Cllr Hirst MOVED and Cllr Reed SECONDED that Cllr Noelle Hones be appointed Deputy Mayor and it was RESOLVED UNANIMOUSLY that

 Cllr Mrs Hones be installed as Deputy Mayor for the Municipal Year

2015/16.

The Chief Executive will report the results of the Borough elections.

Brentwood Borough Council Elections

Members were advised of the results of the Brentwood Borough Council Elections which took place on 7 May 2015..

The Chief Executive will report receipt of Notices served on him by Members under the provisions of the Local Government (Committee and Political Groups) Regulations 1990.

The Chief Executive advised members that notices had been received from the Conservative, Liberal Democrat and Labour Groups indicating that they wished to be treated as a political group on the Council and listing the membership of their group.

Leader of the Council

Annual Council designated a Leader of the Council.

The Constitution stated that that it was the function of the Council to elect from its Members a Leader and Deputy Leader of the Council.

Cllr Hirst  MOVED and Cllr Kerslake SECONDED that Cllr Louise McKinlay be  designated as Leader of the Council.

A vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY that Cllr Mrs McKinlay  be designated Leader of the Council.

Cllr Mrs McKinlay  MOVED and Cllr Kerslake SECONDED that Cllr Roger Hirst be designated as Deputy Leader of the Council.

A vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY  that Cllr Hirst be designated Deputy Leader of the Council.

To receive the Leader’s statement and others under Council Procedure Rule 6.

The annual meeting of Council may receive:

(i) an address from the Leader of the Council for up to 15 minutes;

(ii) a response from the Leader of the main Opposition Group for up to 10 minutes;

(iii) a response from each of the leaders of the other political groups for up to 5 minutes per speaker;

(iv) a response from any member who is not a member of a political group for up to 3 minutes.

Cllr Mrs McKinlay  made her statement followed by statements being made by Cllr Aspinell and Cllr Barrett.

During Cllr Mrs McKinlay’s statement she advised that a Motion had been submitted which had been signed by 19 Members in accordance with Rule 8.3.17 ( Motion to revisit a previous decision made in the past six months) of Part 4 of the Constitution and this related to a review of the budget decisions made at the 4 March 2015 Ordinary Council meeting.  The Motion would be considered at the proposed 10 June 2015 Ordinary Council meeting.

(Appendix A to follow).

 Committees and their Terms of Reference

The Council was requested to formally establish those committees it considered necessary to fulfil its functions in the ensuing municipal year, in accordance with the requirements of both legislation and the Council’s Constitution.

Cllr Mrs McKinlay MOVED and Cllr Hirst SECONDED the recommendations in the report with an amendment to the ToR for the Audit, Scrutiny and Transformation Committee, ie that under the heading ‘Transformation’, the text be amended to ‘To approve review and facilitate the transformation of delivery of services.’

Following a discussion a vote was taken on a show of hands and it was RESOLVED that:

1.  The Committees listed in Appendix A be appointed for the Municipal Year 2015/16 and

2.  The size of the Committees listed in Appendix A be agreed, as follows:

(1)  Audit, Scrutiny and Transformation Committee – 9 Members of the Council

(2)  Community and Health Committee – 9 Members of the Council

(3)  Dismissal Appeals Committee – 9 Members of the Council

(4)  Economic Development Committee – 9 Members of the Council

(5)  Environment and Housing Management Committee – 9 Members of the Council

(6)  Planning and Licensing Committee – 12 Members of the Council

(7)  Policy, Finance and Resources Committee – 9 Members of the Council

(8)  Staff Appointments Committee – 9 Members of the Council

(9)  Dismissals Advisory Panel – 3 Independent Persons

3.     The  Terms of Reference of the Committees listed in Appendix A  be agreed with the amendment for the Audit, Scrutiny and Transformation Committee ToR under ‘Transformation’, that the text be amended to ‘To approve review and facilitate the transformation of delivery of services.’

(NB Appended to these minutes).

4.  The Council’s Monitoring Officer be authorised to make the necessary changes to the Constitution

(Appendices A, B and C to follow).

The Council was required to make appointments to those Committees that were established by agenda Item 10 for the effective discharge of its functions.  Members were asked to:

a)    Approve the allocation of seats on Committees

b)    Receive the nominations from political groups to Committees

c)    By convention, appoint Chairs and Vice-Chairs of Committees

The Monitoring Officer updated the Council on committee nominations made by the Liberal Democrat Group.

There was a discussion regarding the appointment of nominated substitutes for committees and the Monitoring Officer advised that it was appropriate for this matter to be decided by the Council.

Cllr Mrs McKinlay MOVED and Cllr Hirst SECONDED the recommendations with the addition of 2.4 and it was RESOLVED as follows:

1.     That the allocation of seats of seats set out in Appendix A to the report be approved.

2.    That the nominations from the political groups to Committees as set out in Appendix B to the report and as advised at the meeting be approved.

3.    That the Chairs and Vice-chairs of Committees as set out in Appendix C to the report be appointed.

4.    That the Council’s Monitoring Officer be authorised to make the necessary changes to the Constitution.

(For clarity, Appendices A, B and C are appended to these minutes).

(Appendix A to follow).

The Constitution under Council Procedure Rule 2.1(r) provides that the Annual Meeting of the Council will consider an item of business to agree the date, time and place of ordinary meetings of the Council and its Committees for the coming Municipal Year.

Cllr Mrs McKinlay MOVED, Cllr Hirst SECONDED and it was RESOLVED UNANIMOUSLY that the Calendar of Meetings shown as Appendix A to the report be approved.

(For clarity the approved Calendar of meetings is attached to these minutes).

(Appendix A to follow).

Councillors were appointed to a number of outside organisations by Annual Council.  Many of the outside organisations supported and advanced the broad objectives of the Authority.  Representations came about either through the Authority initiating the appointment, or an organisation requesting a representative being nominated or a Charity Commission rule that a Council representative was appointed.  

The list of nominations for representatives on outside organisations was presented at the Annual Council meeting each year for Members’ approval.

Cllr Mrs McKinlay MOVED and Cllr Hirst SECONDED that the list of proposed Council representatives on outside organizations appended to the report as Appendix A be approved.

Following a discussion and vote regarding the appointment of a Headley Common Trustee and invitation extended to the Opposition Spokesperson to attend Tenants’ Talkback meetings,  Members RESOLVED:

1.    That the list of outside bodies for 2015/16 attached as Appendix A be approved

2.    That the list of nominated representatives attached as Appendix A be approved

(For clarity Appendix A is attached to these minutes).

(Appendix A to follow).

The Council operated a Members Allowances Scheme which was reviewed annually by the Independent Remuneration Panel (IRP). The IRP had reviewed the current scheme and had made recommendations for the 2015/16 Municipal Year.

In view of the approval earlier in the meeting of a revised Committee structure, Cllr Mrs McKinlay MOVED, Cllr Hirst SECONDED and it was RESOLVED  to defer consideration of Members’ Allowances for 2015/16 to the Ordinary Council meeting to take place on 10 June 2015.

The purpose of the report before Members was to revise Part 3.1 and Part 4.7 of the Constitution so as to establish an advisory committee reflecting the new mandatory standing orders. These amended the procedure to be followed for dismissing a statutory officer of the Council i.e. the Head of Paid Service, the Chief Finance Officer (Section 151 Officer) and the Monitoring Officer (the relevant officers).

The requirement imposed on the Council to appoint a “designated independent person” before it could dismiss or discipline its Head of Paid Service, Chief Finance Officer (Section 151 Officer), or Monitoring Officer, had been replaced with a new requirement to appoint an independent Panel as and when required for the purposes of advising the Council on matters relating to the dismissal of one or more of the relevant officers. The Panel must have at least two members, being independent persons who had been appointed for the purposes of the members’ conduct regime under section 28(7) of the Localism Act 2011.

Cllr Mrs McKinlay MOVED and Cllr Hirst SECONDED the recommendation in the report and it was RESOLVED UNANIMOUSLY that:

1.     The Council’s Constitution be revised as set out in Appendix A to the report with immediate effect.

2.    The current allowance paid to an independent person shall incorporate the duties under the Dismissal Advisory Panel.

A revised report had been provided for Members’ information.

 The Chief Executive had advised the Leader of the Council that he planned to resign from his post effective of 31 May 2015 following his appointment as Chief Executive of the Land Registry.

A recruitment process for an interim Chief Executive and Head of Paid Service was instigated in accordance with the Council’s Constitution and following initial discussion with Group Leaders.

A cross party panel was assembled and met on 20^th May 2015 at 2.00pm to discuss with a prospective internal candidate the possibility of being designated as Head of the Paid Service for which a  salary supplement would be paid.

Cllr Mrs McKinlay MOVED, Cllr Hirst SECONDED and it was RESOLVED UNANIMOUSLY:

1.            To approve the designation of Mr. Phil Ruck as the Head of the Paid Service with effect on and from 1 June 2015, which arrangements will be reviewed on a regular basis.

Mr Farrant was thanked for the work he had undertaken during his term of office as Chief Executive of Brentwood Borough Council.

The Council must appoint a named individual to the roles of Electoral Registration Officer and Returning Officer.

Cllr Mrs McKinlay MOVED and Cllr Hirst SECONDED and it was RESOLVED UNANIMOUSLY:

1.            That   Philip Ruck  be appointed as the Registration Officer under section 8 of the Representation of the People Act 1983.

2.            That  Philip Ruck  be appointed as the Returning Officer under section 35 of the Representation of the People Act 1983.

An item of business may only be considered where the Chair is of the opinion that, by reason of special circumstances, which shall be specified in the Minutes, the item should be considered as a matter of urgency.