Agenda and minutes

South Holland District Council
Wednesday, 12th September, 2018 6.30 pm

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

Contact: Gregory Watkinson  01775 764599

Items
No. Item

32.

Minutes pdf icon PDF 82 KB

To sign as a correct record the minutes of the meeting held on 11 July 2018 (copy enclosed).

Minutes:

Consideration was given to the minutes of the meeting of South Holland District Council held on 11 July 2018.

 

DECISION:

That the minutes be agreed as a correct record.

33.

Declaration of Interests.

(Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain as a result of a grant of dispensation.)

Minutes:

Councillors Coupland and Newton did not have a Disclosable Pecuniary Interest, but in the interest of transparency declared that they were on the Board of Directors of CPBS, and therefore would not vote on agenda item 12.

 

In relation to agenda item 13, Councillor Brewis stated that he knew one of the applicants for the Independent Remuneration Panel as a fellow member of Sutton Bridge Parish Council, but stated that this would not affect his judgement.

34.

Chairman's Announcements.

Minutes:

The Chairman announced that Lord Porter was not in attendance at this meeting because he was in London in a meeting with the Chancellor of the Exchequer.

35.

Announcements by Leader and Members of the Cabinet.

Minutes:

There were none.

36.

Questions asked on notice under Standing Order 6.

Minutes:

There were none.

37.

Questions asked without notice under Standing Order 7.

Minutes:

There were none.

38.

Committee Minutes pdf icon PDF 105 KB

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

Additional documents:

Minutes:

Policy Development Panel – 26 June 2018

 

DECISION:

That the minutes be received.

 

Licensing Committee – 19 July 2018

 

DECISION:

That the minutes be received.

 

Committee of the Licensing Authority – 19 July 2018

 

DECISION:

That the minutes be received.

 

Planning Committee – 25 July 2018

 

DECISION:

That the minutes be received.

39.

Report from Cabinet meeting held on 11 September 2018 pdf icon PDF 78 KB

To consider the recommendations of the Cabinet in respect of:

 

a.    Amendment to the Capital programme (Cabinet minute 31/18) (Cabinet agenda item 9)

b.    Q1 Finance Report 2018-19 (Cabinet minute 32/18) (Cabinet agenda item 10)

Additional documents:

Minutes:

Consideration was given to the Report of Cabinet which sought consideration of recommendations of the Cabinet in respect of:

 

a)    Amendment to the Capital Programme (Cabinet minute 31/18) (Cabinet agenda item 9); and

 

b)    Q1 Finance Report 2018-19 (Cabinet Minute 32/18) (Cabinet agenda item 10)

 

Councillor Casson introduced the Amendment to the Capital Programme. It was stated that the costs involved in procuring the new software would be shared with Breckland District Council (BDC) in line with the current split.

 

Councillor Coupland introduced the Q1 Finance Report 2018-19.

 

The Quarter 1 finance report covered the period from the beginning of the financial year to the 30th June and forecast the full year position of the Council. There was a forecast overspend of 58k on the general fund. In addition there was £254k of potential pressure in the Moving Forward plan. Officers were working to address this.

 

Members were encouraged to hear of housing unit acquisitions in the HRA, but stressed the importance of having the right level of resources to deliver the same.

 

DECISION:

 

a)    Amendment to the Capital Programme

 

1.    That the recommendation of Cabinet to approve and release funding from reserves, and that the capital programme be revised accordingly, be approved.

 

b)   Q1 Finance Report 2018-19

 

2.    That the revised General Fund and HRA Capital Programmes be approved.

 

3.    That approval be given to move £300,000 from the affordable housing budget for 2020/21 into 2019/20

40.

Key Decision Plan pdf icon PDF 124 KB

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

Minutes:

Consideration was given to the Key Decision Plan.

 

DECISION:

 

That the Key Decision Plan be received.

 

41.

Memorandum of Agreement pdf icon PDF 72 KB

To consider proposed amendments to the legal agreement that underpins the shared management arrangements (report by the Deputy Leader of the Council and Portfolio Holder for Growth and Commercialisation is enclosed).

Minutes:

Consideration was given to the report of the Deputy Leader of the Council and Portfolio Holder for Growth and Commercialisation which proposed amendments to the legal agreement that underpins the shared management arrangements.

 

The Portfolio Holder for Growth and Commercialisation introduced the report, stating the report proposed a small number of amendments to protect both Councils during the operation of the shared arrangements but also afterwards, should the arrangements come to an end.

 

Members asked if there was the provision for sufficient time for replacement of the senior team should the shared arrangements come to an end. The Executive Manager - Governance advised that the current agreement had a lengthy notice period, but that additional protection was also afforded by recommendation 2.

 

Members asked if all shared managers were BDC employees. The Shared Executive Director - Place responded that the majority, but not all, were employed by BDC.

 

DECISION:

 

1.    That the wording of the indemnity clauses contained within the Memorandum of Agreement  (“the Agreement”) were redrafted to ensure clarity;

 

2.    That, subject to 4, below, the Agreement be amended to ensure that where it proves impossible to share senior managers fairly in accordance with clause 8.6 of the Agreement, the councils would work together in good faith to ensure that identified posts continued to be placed at the disposal of the other council until a reasonable period has been allowed for recruitment to take place;

 

3.    That, subject to 4, below, a provision be added to the Agreement requiring that, prior to one of the councils approving any changes to the terms and conditions of employment of any shared officer(s) (including but not limited to pay) that council must first consult the other council prior to approving the same;

 

4.    That the Legal Team ensures that decisions 2 and 3 above are consistent with shared officers’ contracts of employment and all relevant staffing policies and procedures; and

 

5.    That the Executive Director for Strategy and Governance be granted delegated authority, in consultation with the Deputy Leader of the Council and Portfolio Holder for Growth and Commercialisation, to amend the agreement in accordance with the above recommendations.

42.

Compass Point Business Services Options pdf icon PDF 72 KB

To provide an update in respect of the decision of the Council at its meeting on 17 January 2018 (report by the Deputy Leader of the Council and Deputy Leader of the Cabinet is enclosed).

Minutes:

Consideration was given to the report of the Deputy Leader of the Council and the Deputy Leader of the Cabinet which provided an update in respect of the decision of the Council at its meeting on 17 January 2018.

 

The Deputy Leader of the Council introduced the report. For various legitimate reasons CPBS had been unable to complete the transformation plan by the end of May. A decision of the Council in January to extend the contract had been subject to the delivery of the transformation plan by this date, a further decision would be required.

 

Members were supportive of the work of CPBS and were keen to see further benefits from the model going forward.

 

Members asked if the Council was in danger of acting as ‘shadow directors’ of CPBS. The Executive Manager - Governance responded that certain controls were already set out shareholder agreement (i.e matters reserved to the Councils as shareholders) but that both Councils did have to be mindful that management of the company sat with the company Board.

 

DECISION:

 

a)    That the Council notes the current position and agrees that it will give consideration to a contract extension after such time as Compass Point Business Services (“CPBS”) has submitted its business case for transformation;

 

b)    That the Council endorses the instruction to CPBS

 

i)             To provide a transformation business case with sufficient options to achieve the 12% efficiency that Grant Thornton advised is achievable; and

ii)             that the transformation business case indicates whether the Board supports each option together with a rationale for such view; and

 

c)    That the transformation business case is reviewed by the Partnership Group, with any potential amendments being referred to the CPBS Board for approval, prior to any recommendations being considered by the Council.

 

43.

Appointment of Independent Remuneration Panel pdf icon PDF 62 KB

The report seeks approval for the recommended appointments to the Independent Remuneration Panel (report of the Executive Director of Strategy and Governance is enclosed).

Minutes:

Consideration was given to the report of the Executive Director for Strategy and Governance which recommended appointment of the Independent Remuneration Panel.

 

The Executive Manager - Governance introduced the report, stating that an independent panel was required to be consulted on any proposed changes to the scheme of Members’ Allowances.

 

DECISION:

 

That the following people be appointed to the South Holland District Council Independent Remuneration panel for the Period 1 October 2018 – 30 September 2022 :-

 

·         Malcolm Haddow

·         NicciMarzec

·         Chris Penney; and

·         Terence York

44.

Appointment of Deputy Electoral Registration Officer pdf icon PDF 55 KB

To appoint a Deputy Electoral Registration Officer (report of the Electoral Registration Officer is enclosed).

Minutes:

Consideration was given to the report of the Electoral Registration Officer which proposed the appointment of a Deputy Electoral Registration Officer.

 

The Executive Manager - Governance introduced the Report, stating that the law required a Electoral Registration Officer to be in post and allowed for a Deputy to be appointed. This was felt to be a sensible precaution in case of absence of the ERO

 

DECISION:

 

That the Democratic Services Manager be appointed as the Deputy Electoral Registration Officer to act in the absence of the Electoral Registration Officer.

45.

Constitution pdf icon PDF 151 KB

To consider variation to the Constitution (report by the Monitoring Officer is enclosed).

Minutes:

Consideration was given to the report of the Monitoring Officer which proposed a number of variations to the Constitution.

 

The Executive Manager - Governance introduced the proposed amendments which included minor typographical changes as well as some more substantive amendments.

 

DECISION:

 

a)    Minor variations to the Constitution – That paragraph 3 of Article 14 of the Constitution, which deals with minor changes to the Constitution, be amended as shown in Appendix A to the report

 

b)   Policies submitted to the Governance and Audit Committee - That items 10 and 13 of the terms of reference of the Governance and Audit Committee be amended as shown in Appendix B to the report.

 

c)    Local Authorities (Functions and Responsibilities) (England) Regulations 2000 - Schedule 1 Functions - That the Constitution be amended so that the functions detailed in Appendix C to the report are allocated to the decision-making bodies detailed in Appendix C to the report.

 

d)   Contract Procedure Rules

·         That the tables at paragraph 9.1.3 of the Contract Procedure Rules and page 127 of the Constitution be amended as shown at Appendix D(a) to the report.

·         That paragraph 4.2 of the Financial Management Standards be amended as shown in Appendix D(b) to the report.

 

e)     Standing Orders

·         That Standing Order no. 35 be amended as shown at Appendix E to the report.

·         That Standing Order no.19A be added as shown at Appendix E to the report.

·         That Standing Order no.29A be added as shown at Appendix E to the report

 

f)     Appointment of Authorised Officers, Inspectors etc - That paragraphs 14 and 15 of Part 3 Section F1 be amended as shown in Appendix F to the report.

 

g)   Substitution Scheme – That Part 3 Section D (Delegation to Committees) be amended as shown in Appendix G to the report to clarify the Council’s substitution scheme.

 

h)   Virements / transfers – That paragraphs 3.6, 3.8.3 and 3.11.3 of the Financial Procedure Rules be amended as shown in Appendix H to the report.

 

i)     Leader and Deputy Leader

 

·         That the additional definition of “Deputy Leader” detailed in paragraph 3.25 of the report be approved and the constitution be amended accordingly

·         That all other references to the words “Deputy Leader” be clarified to ensure that it was clear whether the references were to Deputy Leader of the Council, Deputy Leader of the Cabinet or both.

 

 

 

46.

Reports from Councillors on Outside Bodies pdf icon PDF 60 KB

To receive the following reports from Councillors on Outside Bodies:

Additional documents:

Minutes:

Health Scrutiny Committee for Lincolnshire - May 2018

 

DECISION:

 

That the report be noted

 

Health Scrutiny Committee for Lincolnshire - July 2018

 

DECISION:

 

That the report be noted

47.

Nominations for Committees and other Seats and Proposed Changes to the Constitution.

To receive, from political groups, nominations for any changes to Committees and other seats and to consider any proposed changes to the Constitution.

Minutes:

There were none

48.

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.