Agenda and minutes

South Holland District Council - Wednesday, 26th February, 2014 6.30 pm

Venue: Council Chamber, Council Offices, Priory Road, Spalding

Contact: Lynn Eldred  01775 764626

Items
No. Item

153.

Minutes pdf icon PDF 58 KB

To sign as a correct record the minutes of the meeting held on 22 January 2014 (copy enclosed).

Minutes:

Subject to the following amendments, the minutes of the meeting held on 22 January 2014 were agreed as a correct record and signed by the Chairman:

 

i)              Councillor S M Booth recorded as being in attendance and Councillor MD Booth recorded as giving apologies;

 

ii)            That the following question in minute 142 be amended as shown:

 

Question from:                       Question to:                                       Subject:

Councillor Newton              Councillor Porter                                  Gypsies and    Travellers

 

Councillor Newton referred to a recent news report from the LGIU (Local Government Information Unit) that stated that according to the 2011 census, the number of Gypsies who lived in caravans had fallen to one quarter with 61,000 now living in houses and bungalows. It also stated that 58,000 people identified as Gypsy/Irish Traveller which was much lower than the estimated figure of 300,000 people.  Given that there were far fewer Gypsies and Travellers than expected, was the Council’s information out of date and did it still need to provide as many pitches ?

 

Councillor Porter replied that the Council’s plans had been made on a local needs basis.  The data was being refreshed as part of the new Planning Policy Framework.

 

Councillor Newton also asked whether extra land at Gosberton Clough Drain Bank could be used for a transient site which may mean that a site at Sutton Bridge would not be needed which could save the Council money ?

 

Councillor Porter supported this suggested suggestion.

 

Councillor Lawton stated that a report concerning the a replacement for the illegal site at Gosberton Clough would be presented to the Planning Committee in March.  The issue of a transient site would be addressed once the replacement site at for Gosberton Clough had been agreed.   

 

154.

Declarations of Interest.

(Members are no longer required to declare personal of prejudicial interests but are to declare any new Disclosable Pecuniary Interests that are not currently included in their Register of Interests.

 

Members are reminded that under the Code of Conduct they are not to participate in the whole of an agenda item to which they have a Disclosable Pecuniary Interest.  In the interests of transparency, members may also wish to declare any other interests that they have, in relation to an agenda item, that supports the Nolan principles detailed within the Code of Conduct.)   

 

NOTE:  Council Tax Arrears

 

Members are reminded that if they are two months or more in arrears, they must disclose the fact and not vote on any item to set tax or any decision which may affect its calculation

 

Minutes:

Councillor Przyszlak referred to agenda item number 12: Scheme of Payment of Members Allowances and declared that although he did not have a Disclosable Pecuniary Interest in this item, in the interests of transparency he wished it to be recorded that he was a Director of the company.

 

155.

Chairman's Announcements.

Minutes:

The Chairman reminded Members that there would be a flag raising ceremony at the Council offices on 10 March 2014 to mark Commonwealth Day.  He also made reference to the Civic Reception which was taking place on 24 April 2014.

156.

Announcements by Leader and Members of the Cabinet.

Minutes:

Councillor Worth reminded Members that the South Holland Open Art Exhibition was on at the South Holland Centre from 26 February until 6 March 2014.  He thanked Councillor Lawton for judging the exhibition.

157.

Chief Executive's Announcements.

Minutes:

The Chief Executive informed members that the Peer Review final report had been published and was available on the Council’s website.

 

He also reported that he had attended a meeting at the Department for Communities and Local Government where he believed the Council was highly regarded. The meeting had discussed bidding for the next Transformation Grant and the Department had advised prospective bidders to move away from the sharing and integrating of services and to look for big and exciting ideas, particularly in the area of youth opportunities. Expressions of interest should be made in July with the deadline for bids being in October.  Successful applicants would be notified in December.

 

The Chief Executive also stated that as this was his last Council meeting at the authority he wished to thank officers and Members for their help while he was interim Chief Executive.

 

The Chairman thanked the Chief Executive for his hard work, and this sentiment was echoed by Councillors who had welcomed his personable approach.

158.

Committee Minutes pdf icon PDF 28 KB

To receive the minutes of the following Committees and Panels:-

Additional documents:

Minutes:

Policy Development Panel – 7 January 2014

 

Consideration was given to the minutes of the Policy Development Panel held on 7 January 2014.

 

DECISION:

 

That the minutes be received.

 

Performance Monitoring Panel – 28 January 2014

 

Consideration was given to the minutes of the Performance Monitoring Panel held on 28 January 2014.

 

DECISION:

 

That the minutes be received.

 

Governance and Audit – 30 January 2014

 

Consideration was given to the minutes of the Governance and Audit meeting held on 30 January 2014.

 

DECISION:

 

That the minutes be received.

 

Planning Committee – 5 February 2014

 

Consideration was given to the minutes of the Planning Committee held on 5 February 2014.

 

DECISION:

 

That the minutes be received.

 

159.

Questions asked with notice under Council Procedure Rule 10.2.

Minutes:

There were no questions asked with notice under Council procedure rule 10.2.

160.

Questions asked without notice under Council Procedure Rule 10.8.

Minutes:

Question from:           Question to:               Subject:

Councillor Alcock      Councillor Worth        Emergency Planning

 

Councillor Alcock referred to recent questions without notice regarding Emergency Planning and asked whether the Portfolio Holder would agree that it would be appropriate for scrutiny to include in its work programme  a piece of work looking at the preparedness to cope with a major incident such as a pandemic, extremes of temperature or flooding.  Councillor Alcock wished it to be clear that by suggesting this work be undertaken he was not criticisng any particular agency.

 

Councillor Worth replied that he agreed that it would be appropriate for the Performance Monitoring Panel to carry out scrutiny of the Emergency Plan. The plan had been tested in reality by the flooding prior to Christmas, and was tested regularly by scenarios.  Emergency Planning Officers held regular feedback sessions and he was sure that they would co-operate with any scrutiny examination.

 

Question from:                       Question to:                           Subject:

Councillor MD Booth            Councillor Gambba-Jones   Gas Power Station

 

Councillor Booth asked whether a second gas power station planning application in Sutton Bridge had been received by the Council.

 

Councillor Gambba-Jones replied that a weekly list was produced of planning applications received by the Council and that he had not seen an application for a gas power station in Sutton Bridge.  Sometimes prospective applicants had discussions with Planning Officers prior to submitting an application and the Planning Officers would be able to advise on this.

 

Question from:                       Question to:               Subject:

Councillor Biggadike            Councillor Worth        Press Coverage

 

Councillor Biggadike referred to a recent press article in the Spalding Guardian that had used an altered image from the Council’s ‘South Holland Now’ magazine  and asked whether it had received permission to use the image and whether an apology should be requested.

 

Councillor Worth replied that sometimes the press supported the Council and other times it did not. He noted the Councillors comments but would not be taking any further action. 

 

Question from:           Question to:                           Subject:

Councillor Brewis      Councillor Chandler              Taxis

 

Councillor Brewis asked why South Holland and Breckland had different rules relating to the construction and use of Hackney Carriages and private hire vehicles.  Extra costs were needed to be incurred by license applicants.  Were applicants informed that they can appeal ?

 

Councillor Chandler replied that South Holland was fortunate to have a vehicle fleet of Hackney Carriages and Private Hire Vehicles which operated to the highest standards of safety and comfort for fare paying passengers.

The standards were in place from legislation from the EU and UK regulations incorporation legal requirements and best practice considerations. Conditions cover both the licensing of operators/drivers and vehicles used. Covering such aspects as, age of vehicle, road worthiness, condition of exterior and interior the ability of passengers to escape or alight from the vehicle with safety in an emergency situation, The safe accommodation of passenger luggage for the number of passengers carried bringing together the primary objective of community safety and the safety and comfort of passengers and other  ...  view the full minutes text for item 160.

161.

The Recording of Votes for Budget Meetings pdf icon PDF 26 KB

To inform members of a new requirement to record the vote at key budget

decision meetings (Report of the Assistant Director, Democratic Services

enclosed).

 

Minutes:

Councillors received a report by the Assistant Director – Democratic Services which set out a new legal requirement for the recording of votes for budget meetings.

 

Members noted that on the 29 January 2014 the Secretary of State for Communities and Local Government made The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014. The regulations were laid before Parliament on 31 January 2014 and came into force on 25 February 2014.

 

The regulations meant that immediately after any vote was taken at a budget decision meeting of an authority there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

 

For the purposes of these regulations a budget decision meeting was one that sets the Council Tax and / or issues a precept. 

 

The Assistant Director – Democratic Services informed the Council that upon further legal advice it was proposed that the wording in the constitution be amended to read:

 

“At any budget decision meeting of the Council where the Council makes a decision related to the making of a calculation or the issuing of the precept, a recorded vote must be taken - that is recording in the minutes of the meeting how each member present voted on any decision. "

 

DECISION:

 

That in accordance with South Holland District Council’s Rules of Procedure, the following change be adopted:

 

Voting

 

To add "At any budget decision meeting of the Council where the Council makes a decision related to the making of a calculation or the issuing of the precept, a recorded vote must be taken - that is recording in the minutes of the meeting how each member present voted on any decision. "

 

162.

Appointment of Members to the Joint Appointments Panel pdf icon PDF 25 KB

To approve a change in the membership of the Joint Appointments Panel (Report of the Assistant Director - Democratic Services enclosed).

 

 

Minutes:

The Council received a report by the Assistant Director - Democratic Services seeking approval for a change in membership of the Joint Appointments Panel.

 

DECISION:

 

That Councillor C N Worth replaces Councillor H Johnson on the Joint Appointments Panel.

163.

Scheme of Payment of Members' Allowances pdf icon PDF 31 KB

To submit the Independent Remuneration Panel’s recommendations for Councillors who serve as Directors on Compass Point Business Services (East Coast) Ltd (Report of the Assistant Director – Democratic Services enclosed).

Minutes:

The Council received a report by the Assistant Director – Democratic Services which submitted the Independent Remuneration Panel’s recommendations for Councillors who served as Directors on Compass Point Business Services (East Coast) Ltd.

 

Members noted that at the meeting of Council on 18 December 2013, it had been agreed that the Independent Remuneration Panel be requested to reconsider the recommended allowance for Councillors who served as Directors on Compass Point Business Services (East Coast) Ltd. 

 

The Remuneration Panel had re-considered this matter and were recommending that Compass Point Business Services (East Coast) Ltd Directors remuneration be increased to £3,325 each.

 

DECISION:

 

That the recommendations for an increase in allowance for Directors of Compass Point Business Services (East Coast) Ltd (CPBS) to £3,325 p/a are adopted for 1 April 2014 to 31 March 2015.

164.

Key Decision Planner pdf icon PDF 100 KB

To receive the current Key Decision Planner (copy enclosed).

Minutes:

Members considered the current Key Decision Plan. A Member referred to the proposed awarding of a works contract for the Spalding Gypsy and Traveller site and asked if the contract was going to be awarded before the planning permission had been granted.  The Portfolio Holder replied that there had been time slippage on site that was not of the Council’s making. It was important that everything was correct and precise and therefore a slight delay was acceptable.

 

Members noted that the proposed decision on a Customer Access Strategy had now been taken out of the Key Decision Plan.

165.

Items called-in from Cabinet

To consider any matters referred to the full Council under the call-in procedure (Rule 15 of the Overview and Scrutiny Procedure Rules) (Council Procedure Rules 14.1 – 14.5 (Rules of debate) do not apply to this item. 

Minutes:

There were no items called in from Cabinet.

166.

Other issues arising from the Policy Development Panel and Performance Monitoring Panel (Council Procedure Rules 14.1 – 14.5 (Rule of Debate) do not apply to this item).

Minutes:

There were no issues arising from the Policy Development Panel and Performance Monitoring Panels.

167.

Report from the Cabinet meeting held on 18 February 2014 pdf icon PDF 59 KB

To consider any recommendations of the Cabinet affecting the budget and policy framework (Report of the Cabinet to follow).

Additional documents:

Minutes:

The Council noted that the Cabinet meeting held on 18 February 2014 had not been quorate and therefore no decisions had been made.  However the agenda items were discussed and the recommendations from that meeting had been circulated.

 

A special meeting of the Cabinet hade taken place 5.30 p.m. prior to the Council meeting where it had ratified the outcomes from the previous inquorate meeting.

 

Article 4 of the Council’s Constitution provided that only the full Council may exercise the functions of approving, adopting or amending the policy framework and budget and adopting or changing the Constitution.  At its meeting on 14 January 2014 the Cabinet made recommendations in respect of:

 

The Future Provision of CCTV Services in South Holland

 

Consideration was given to the joint report of the Portfolio Holder for Localism and Big Society and the Community Development Manager which sought consideration of the future of CCTV services in the district and recommended a preferred approach for systems improvements.

 

DECISION:

 

a)         That Option 4 be progressed – to enter into a partnership agreement with Boston Borough Council to transfer the operation of the CCTV service to Boston Borough Council for an improved monitoring service;

 

b)         That the Council reviews the level of future camera provision to make the system fit for purpose and to reflect the financial commitment from partners;

 

c)         That local partners including Lincolnshire Police, Parish Councils and businesses continue to be engaged on revenue funding for each of the towns, the number of cameras in each location and on future partnership working;

 

d)         That £31,000 allocated in reserves be released from the Council Tax reserve as capital funding contribution; and

 

e)         That delegated authority be given to the Community Development Manager in consultation with Portfolio Holder for Big Society and Localism to implement any changes to the CCTV system that involve partners and are within the budget identified.

 

f)          That the contract period be agreed as 3.5 years plus a possible extension of 2 years; and

 

g)         That monitoring information on the operation of the CCTV service be reported on a regular basis

 

General Fund Draft Estimates and Financial Medium Term Plan

 

The Council considered the joint report of the Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director – Finance (S151) which sought consideration of the General Fund revenue and capital estimates and the Financial Medium Tern Plan, the Capital Strategy and the Treasury Management Strategy Statement.

 

In discussing the report the Portfolio Holder answered questions raised by members of the Council.

 

DECISION:

 

a)         That the General Fund revenue estimates (within Appendix A), use of reserves (within Appendix D) and Fees and Charges (within Appendix H) be approved;

 

b)         That the Council Tax for a Band D property in 2014-15, to be set at £155.61, be approved;

 

c)         That the Spalding Special Expenses estimates (within Appendix C) be approved;

 

d)         That the Spalding Special Expense for a Band D property in 2014-15, to be set at £23.22, be approved;

 

e)         That  ...  view the full minutes text for item 167.

168.

Council Tax 2014/2015 pdf icon PDF 70 KB

To set the amount of Council Tax applicable for 2014/2015 for each valuation band and in each part of the District (Report of the Assistant Director Finance (S151) to follow). 

Additional documents:

Minutes:

The Council considered a joint report by the Deputy Leader and Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director – Finance (S151) which proposed the amounts of Council Tax applicable for 2014-15 for each valuation band and in each part of the district.

 

The report covered the formal resolutions required to set the Council Tax in accordance with the Local Government Finance Act 1992 as amended. The report also incorporated the precept requirement for South Holland District Council, as well as those of the other precepting authorities.

 

DECISION:

 

a)         That the Spalding Special Expenses for 2014-15 (Section 1.5) be approved; and

 

b)         That the formal Council Tax resolutions for 2014-15 (Section 1.7) be    approved.

 

Under the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 a recorded vote was required for this decision. The vote was as follows:

 

For

 

Against

Abstain

Apologies / Not Present

Alcock

Aley

Ashby

Biggadike

MD Booth

Brewis

Casson

Chandler

Clark

Coupland

Creese

Dark

Gambba-Jones

Grocock

Harrison

Howard

King

Lawton

Miller

Perkins

Przyszlak

Rudkin

Seymour

Slade

Sneath

Taylor

Tennant

Wilkinson

Woolf

Worth

 

(None)

(None)

Avery

Booth

Johnson

Newton

Porter

Puttick

DJ Wilkinson

Total 30

Total 0

Total 0

Total 7

 

 

169.

Appointment of a Chief Executive pdf icon PDF 38 KB

This report outlines for full Council the outcome of the Joint Appointments Panel held on 18 February 2014 (Report of the Assistant Director – Democratic Services to follow).  

Additional documents:

Minutes:

The Council considered a report by the Assistant Director – Democratic Services outlining the outcome of the Joint Appointments Panel held on 18 February 2014.  The Panel had met to interview candidates for the position of Joint Chief Executive with Breckland Council.

 

On consideration of a shortlist the Joint Appointments Panel interviewed three candidates and recommended to Council that Anna Graves be appointed as Joint Chief Executive and Head of Paid Service.

 

The report proposed that the contract for Geoff Rivers, interim Chief Executive, would not be renewed beyond the current end date of 3 March 2014.  In order to ensure minimum disruption to services during the transition period to the new permanent Chief Executive and Head of Paid Service, it was proposed that Terry Huggins would be engaged in a consultative role and appointed as Head of Paid Service with effect from 4 March 2014 and until such time as the permanent Chief Executive and Head of Paid Services commenced employment. The terms of contract with Terry Huggins would be agreed by the Leaders of South Holland District Council and Breckland Council.

 

Members noted that the recommendations within the report were also being considered by Breckland Council on 27 February 2014.

 

DECISION:

 

1. That pursuant to the recommendation of the Joint Appointments Panel on 18 February 2014, Council agrees the following:-

 

     a) that Anna Graves be engaged, full time as the Chief Executive of South Holland District Council in a joint appointment with Breckland Council;

 

     b) that the appointment of Anna Graves in (a) above is effective from 21 April 2014 or at a earlier date as agreed with the Leaders of South Holland District Council and Breckland Council, if this can be accommodated by their current employers;

 

     c) that Anna Graves also be appointed Head of Paid Service of South Holland District Council in a joint appointment with Breckland Council effective from 21 April 2014.

 

2.   The contract for Geoff Rivers is not being renewed beyond the current end date of 3 March 2014 and therefore on this date he ceases appointment as Interim Chief Executive and Head of Paid Services.

 

3.      That Terry Huggins be engaged in a consultative role and appointed as Head of Paid Service with effect from 4 March 2014 and until such time as the permanent Chief Executive and Head of Paid Services commences employment (as detailed in 1. b) above). That the terms of contract with Terry Huggins be delegated to the Leaders of Breckland Council and South Holland District Council. This role to be a temporary position to support in the handover period.

 

4.      That Geoff Rivers ceases to be appointed as a Director of Compass Point Business Services with effect from 3 March 2014.

 

5.   That upon commencement of employment (as detailed in 1. b) above), the new permanent Chief Executive is appointed as a Director of Compass Point Business Services.

 

170.

Reports from Members on Outside Bodies pdf icon PDF 25 KB

To advise the Council of matters considered at the meeting of the South

Holland District Internal Drainage Board held on 11 February 2014 (Report of

Councillor F Biggadike enclosed). 

 

Additional documents:

Minutes:

The Council received a report from Councillor Biggadike advising members of the matters considered at the meeting of the South Holland Internal Drainage Board held on 11 February 2014.

 

DECISION:

 

That the report be noted.

171.

Any other items which the Chairman decides are urgent

 

 

NOTE:            No other business is permitted unless by reason of special circumstances, which shall be specified in the minutes, the Chairman is of the opinion that the items(s) should be considered as a matter of urgency.

Minutes:

There were none.

172.

Exclusion of the press and public

To consider resolving that, under section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of the Act.

Minutes:

The Council considered resolving 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 exempt information as defined in paragraph 3 of the Schedule 12A of the Act .

 

DECISION:

 

That 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 exempt information as defined in paragraph 3 of the Schedule 12A of the Local Government Act 1972.

 

173.

Construction and Housing Property Services - Future Delivery Models

The recommendation will enable the local authority to investigate the options for the future delivery of Construction and Property Services (Report Councillor G A Porter – Leader of the Council enclosed). 

Minutes:

The Council received a report from the Leader of the Council proposing the investigation of options for the future delivery of Construction and Property Services.