Agenda and minutes

To sign as a correct record the minutes of the meeting held on 15 May 2019 (copy enclosed).

Consideration was given to the minutes of the meeting of the South Holland District Council held on 15 May 2019.

DECISION:

That the minutes be signed as a correct record.

(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.)

Councillors B Alcock, M Booth, P Coupland and H Drury did not have a Disclosable Pecuniary Interest, but in the interests of transparency declared that, in relation to item 9b, they were Board Directors of Welland Homes and would not therefore vote on the item.

There were none

Councillor Gambba-Jones reminded Members of the intention of South Holland District Council (SHDC) to commence a paper and card collection trial as part of the recycling collection in one round, which encompassed three wards.  The councillors representing those wards had been invited to attend a briefing. Not all councillors were able to attend, but this could still be facilitated if needed. An information leaflet was circulated by the  SHDC Communications Department.

There were none.

Question to: Portfolio Holder for Place

Question From: Councillor Newton

Subject: Paper and Cardboard Waste Trial Scheme

Councillor Newton asked why members were not informed about the scheme and were only aware of the trial via local news publications. Councillor Newton requested that in future Members be told before any announcement in the local press.

Councillor Gambba-Jones stated that unfortunately Lincolnshire County Council, via the Lincolnshire Waste Partnership, released the information.  This was done before the Council confirmed its participation in the scheme, as it was still reviewing all aspects surrounding the Council’s involvement, such as logistics, impact on the public, numbers, understanding what the requirements were, support required and full funding availability.  The release of information had been picked up County-wide and broadcast before the Council knew it had happened. Councillor Gambba-Jones apologised to all members.

Question to: Portfolio Holder for Place

Question From: Councillor Alcock

Subject: Pride in South Holland Programme

Councillor Alcock asked Councillor Gammba-Jones if the Pride of South Holland programme would pick up the following, or whether an alternative approach would be necessary:

·         The site of The Bull and Monkie in Spalding - this was once again looking untidy and the Pride signage was now lying on the floor.

·         The area between the bridge and the Water Taxi landing stage needed attention and there was a potential trip hazard. 

Councillor Gambba-Jones stated that the area around the bridge and the Water Taxi landing stage was normally treated as a Zone 1 routine cleaning zone.  If a deeper clean was needed this would be picked up by the cleaning team and arrangements made.

In respect of the Bull and Monkie site, the Council would need to go through the normal process as it had previously done. This would firstly be through contacting the owner to have the work carried out at their expense, if necessary by using legislation and serving notice.  If this failed, the Council could do the work and recover the costs from the owner; however the Council would not be able to recover full costs for the work and administrative costs being incurred.  There needed to be caution in doing this as it was not possible to recover all tax payers’ costs.

Question to: Leader of the Council

Question From: Councillor Alcock

Subject: Resourcing of Projects

Councillor Alcock referred to the various projects which were in the newspapers and the underspending and slippage on programmes and asked whether the Leader was satisfied that there were sufficient human resources and expertise on board to carry these forward.

The Leader agreed that projects needed to be correctly resourced. The Leader noted that there were gaps in staffing but these were being addressed to make sure there was sufficient resource to deliver projects.

Question to: Portfolio Holder for Place

Question From: Councillor Tennant

Subject: Saturday Morning Waste Collections and Derelict Buildings in District

Saturday Morning Waste Collections

Councillor Tennant asked Councillor Gambba-Jones if it was now time for

renewed discussions with Lincolnshire County Council regarding what  ...  view the full minutes text for item 22.

DECISION:

That the minutes be received.

DECISION:

That the minutes be received.

DECISION:

That the minutes be received.

DECISION:

That the minutes be received.

DECISION:

That the minutes be received.

To consider recommendations of the Cabinet in respect of:

a)         2018/19 Financial Outturn – To provide information on the outturn financial position of the Council as at 31 March 2019 (Cabinet minute 6/19) (Cabinet agenda item 7)

b)         Economic Action Plan, Inward Investment Marketing Strategy, Skills Service future funding options, creation of a new Economic Development Officer post – To present to members a package of proposed activity that has been designed to support interventions in respect of Economic Development and Inward Investment delivery in South Holland, including the adoption of a South Holland Economic Action Plan (Cabinet minute 7/19) (Cabinet agenda item 8)

Consideration was given to the report of the Cabinet which sought approval for the Cabinet’s recommendations:

2018/19 Financial Outturn – To provide information on the outturn financial position of the Council as at 31 March 2019 (Cabinet minute 6/19) (Cabinet agenda item 7)

The Portfolio Holder - Finance introduced the report concerning the 2018/19 Financial Outturn.

Economic Action Plan, Investment Marketing Strategy, Skills Service future funding options, creation of a new Economic Development Officer post – To present to members a package of proposed activity that has been designed to support interventions in respect of Economic Development and Inward Investment activity in South Holland, including the adoption of a South Holland Economic action Plan (Cabinet minute 7/19) (Cabinet agenda item 8).

The Portfolio Holder - Growth and Commercialisation introduced the report to present to Members a package of proposed activity that had been designed to support interventions in respect of Economic Development and Inward Investment delivery in South Holland, including the adoption of a South Holland Economic Action Plan.

DECISION:

a)            2018/19 Financial Outturn

1.    That the net General Fund underspend of £631,859 be transferred to the Council Tax Reserve.

2.    That the revised General Fund capital programme of £8.268m and the revised HRA capital programme for 2019/20 of £14.875m are approved.

b)           Economic Action Plan, Investment Marketing Strategy, Skills Service future funding options, creation of a new Economic Development Officer post

3.    That in order to support with the delivery of recommendations 1,2 and 3 (to Cabinet), and to provide additional resilience to the Economic Development and Inward Investment team, the creation of a new Economic Development Officer post be approved.

To consider recommendations of the Cabinet in respect of:

·         Welland Homes Business Plan Update incorporating Bentley Court - To present to the Council, as sole shareholder for Welland Homes Ltd, an updated Welland Homes Business Plan and a proposal from the company to purchase five houses for the purposes of market rental investment at Bentley Court, Spalding. To put in place the necessary arrangements to enable the company to move into contract on the proposed acquisition, subject to the necessary shareholder approvals (Cabinet minute 20/19) (Cabinet agenda item 10).

Please note that the appendices associated with this report are not for publication by virtue of Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) in Part 1 of Schedule 12A of the Local Government Act 1972, and are therefore attached to this agenda as item 18.

Consideration was given to the report of the Cabinet which sought approval for the Cabinet’s recommendations:

Welland Homes Business Plan Update incorporating Bentley Court – To present to the Council, as shareholder for Welland Homes Ltd, an updated Welland Homes Business Plan (Cabinet minute 20/19) (Cabinet agenda item 10)

The Portfolio Holder - Housing and Health introduced an updated Welland Homes Business Plan and a proposal from the company to purchase five houses for the purposes of market rental investment at Bentley Court, Spalding. 

The Portfolio Holder stated that this was to put in place the necessary arrangements to enable the company to move into contract on the proposed acquisition, subject to the necessary shareholder approval.

DECISION:

1.    That the updated Welland Homes Business Plan be approved, and included as an amendment in the SHDC quarterly finance report to members for quarter 1 2019/20.

2.    That the delegated authority granted by Council on 25^th March 2015, to the Executive Director of Commercialisation (S151 Officer) be reaffirmed, to approve the final mix of use of reserves and borrowing in line with the business plan and Council Treasury Management Strategy.

Consideration was given to the Key Decision Plan.

Councillor Newton stated that the Car Parking Review was currently “To review and consider the current car parking charges in Spalding”. It was requested that “Holbeach and the District” be added to the title of the review.

Councillor Gammba-Jones confirmed that this had been noted.

DECISION:

That the Key Decision Plan be received.

To consider the outcome of a Hearings Panel following a complaint against a South Holland member (report of the Executive Director – Strategy and Governance (Monitoring Officer) enclosed).

This additional report has been accepted with the consent of the Chairman.  The report is required following the outcome of a Standards Hearing Panel held on 4 July 2019, and conducted on our behalf by a Joint Hearings Panel of  Babergh and Mid Suffolk Councils.  The decision notice from that hearing was not available at the time that the original agenda was published on 23 July 2019.

The Executive Manager for Governance presented the findings of a report following a complaint from an employee against a South Holland Member, Councillor Peter Coupland. The report was required following the outcome of a Standards Hearings Panel held on 4 July 2019, and conducted on South Holland District Council’s behalf by a Joint Hearings Panel of Babergh and Mid Suffolk Councils.  The Panel found that there was a breach of conduct on the Members part.  Members were informed that this item was on the agenda for information purposes only as the decision made by the Hearings Panel could not be changed. 

The Executive Manager for Governance explained that a number of redactions had been made within the report.  This was to remove details of the complainant, and witnesses along with other comments irrelevant to the complaint.

Three sanctions were imposed following the findings of the Panel:

1.    Publication of the findings

2.    The report be presented to a meeting of South Holland District Council

3.    Appropriate training be provided to the Member in relation to equality and diversity, culture and ethics.

DECISION:

That the content of the report be noted.

To formally consider the acceptance of Housing Infrastructure Fund (HIF) funding from Homes England, alongside consideration and approval of a funding agreement and forward-funding arrangements, in order to provide the Council with sufficient financial resource and capacity to deliver, in conjunction with the County Council, Section 5 to the Spalding Western Relief Road (SWRR) within currently envisaged timescales (report of the Executive Director Commercialisation (S151)).

Please note that the appendices associated with this report are not for publication by virtue of Paragraphs  2 (Information which is likely to reveal the identity of an individual), 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) and 5 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) in Part 1 of Schedule 12A of the Local Government Act 1972, and are therefore attached to this agenda as item 19.

Consideration was given to the report of the Executive Director - Commercialisation (S151) which sought acceptance of Housing Infrastructure Fund (HIF) funding from Homes England. It also sought approval of a funding agreement and forward-funding arrangements, in order to provide the Council with sufficient financial resource and capacity to deliver, in conjunction with the County Council, Section 5 to the Spalding Western Relief Road (SWRR) within currently envisaged timescales.

The Portfolio Holder - Growth and Commercialisation introduced the item and stated that the report related to ensuring the on ground delivery of section 5 to the Spalding Western Relief Road (SWRR). 

The Portfolio Holder provided an update to the Council following the meeting of Lincolnshire County Council’s Planning and Regulations Committee on Monday 29 July 2019 which considered the detail of the full planning applications for both sections 1 and 5 of the SWRR.  The County Council resolved to approve both Highway Schemes.  Formal planning consent could not be issued until the Secretary of State confirmed whether it had to be called in. Confirmation either way was expected shortly.

Councillor Alcock asked the Portfolio Holder to confirm that the Council would recover the forward-funding costs. The Portfolio Holder confirmed that the Council would recover the costs as part of the Section 106 agreement.

DECISION:

That, subject to planning permission being granted by the County Council and to receipt of written confirmation from the Lincolnshire County Council that they would enter into a further agreement with the District Council to ensure full compliance with the terms of the proposed funding agreement, the following be approved:

a)    That the conditional offer of £12m from Homes England towards meeting the cost of the Section 5 (Vernatt’s) highways infrastructure to the SWRR be accepted;

b)    That a Funding Agreement with Homes England be entered into, this committing the Council (in conjunction with the County Council) to utilising the £12m Housing and Infrastructure (HIF) Funding towards meeting the overall cost of delivering Section 5 to the SWRR (and that authority to finalise the terms of the funding agreement and the proposed further agreement with the County Council be delegated to the Executive Director of Commercialisation (S151) Officer in consultation with the Deputy Leader of the Council and Portfolio Holder for Growth and Commercialisation);

c)    That funding of £1M be provided to assist the County Council to forward-fund the overall £27.6M cost of Section 5 to the SWRR and the capital programme be amended as required to reflect this.  The Council will seek to recover the forward-funding costs associated with delivering Section 5 to the SWRR from the developers through S106 (or other) agreements, as appropriate, in conjunction with delivering the housing development associated with Phases 1 and 2 to the Vernatt’s Sustainable Urban Extension (Vernatt’s SUE); and

d)    That additional monies be set aside in the Growth and Investment Reserve to seek to acquire, with the agreement with the owners, property and land required to deliver Section 5 to the SWRR in accordance with the  ...  view the full minutes text for item 27.

Consideration was given to the report of the executive Director – Commercialisation (S151) which set out the Annual Treasury Management Review 2018/19.

This Council was required by regulations issued under the Local Government Act 2003 to produce an annual treasury management review of activities and the actual prudential and treasury indicators for 2018/19. The report met the requirements of both the CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code).

DECISION:

That the Annual Treasury Management Review 2018/19 be received and approved as required by the Local Government Act 2003.

North Level District Internal Drainage Board report from Councillor Brewis

(Report enclosed)

Consideration was given to the report of Councillor Brewis.

DECISION:

That the report be noted.

Health Scrutiny for Lincolnshire report from Councillor G Scalese

(Report enclosed)

Consideration was given to the report of Councillor Scalese.

DECISION:

That the report be noted.

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

The following Outside Body appointments were reported to Council:

·         Black Sluice Internal Drainage Board  - Councillor Walsh

·         South Holland Internal Drainage Board - Councillor Wilkinson

·         Policy Development Panel - Councillor Walsh to replace Councillor Newton

·         Health Scrutiny Committee for Lincolnshire (Deputy) – Councillor Beal

The following Member Champion appointments were reported:

·         Armed Forces Champion - Councillor Grocock

·         Children’s Champion - Councillor Reynolds

·         Dementia Champion - Councillor Astill

·         District Carers Champion - Councillor Casson

·         Heritage Champion - Councillor Sneath

·         Mental Health Champion - Councillor Astill

It was noted that the post of Moving Forward Champion had been deleted.

DECISION:

That the appointments be approved.

There were none.

To consider resolving that, under section 100A (4) of the Local Government Act 1972, the press and 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 paragraphs 1, 2, 3 and 5 of Schedule 12 (A) of the Act.

DECISION:

That, under section 100A (4) of the Local Government Act 1972, the press and 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 paragraphs 1,2, 3 and 5 of Schedule 12 (A) of the Act.

To consider recommendations of the Cabinet in respect of:

•           Fleet Maintenance – To consider the options for the fleet maintenance of council owned vehicles, including environmental services (exempt Cabinet minute 11/19) (Cabinet agenda item 12)

(Report enclosed)

Consideration was given to the report of the Portfolio Holder for Place and Executive Director – Place which sought approval for recommendations of the Cabinet in respect of the options for the fleet maintenance of council owned vehicles, including environmental services.

The Portfolio Holder for Place introduced the report. The report had been considered by Cabinet, and the Council’s approval was sought due to the impact upon the budget and the staffing establishment.

DECISION:

That the recommendations, as detailed within the report be agreed.

To provide for the permanent appointment of an Information Governance Officer (Report of the Portfolio Holder for Governance and Customer and the Executive Director for Strategy and Governance).

Consideration was given to the report of the Portfolio Holder for Governance and Customer and Executive Director for Strategy and Governance in respect of the permanent appointment of an Information Governance Officer.

DECISION:

That the role of the Information Governance Officer (Shared) be made a permanent post.

To propose an amended structure and ways of working for the Corporate Improvement and Performance (CIP) Team, as well as a review of the management of the Digital and Customer Services teams, and to obtain approval to proceed with the implementation of the proposals to restructure these services (report of the Executive Member for Governance and Customer is enclosed).

Consideration was given to the report of the Portfolio Holder for Governance and Customer which proposed an amended structure and ways of working for the Corporate Improvement and Performance (CIPP) Team, as well as a review of the management of the Digital and customer services teams.  It also sought approval to proceed with the implementation of the proposals to restructure these services.

DECISION:

1)    That the Executive Director for Strategy and Governance, in consultation with the Executive Member for Governance and Customer, be authorised to implement the proposals subject to no major change.

2)    That the Executive Director for Strategy and Governance, in consultation with the Executive Member for Governance and Customer, be authorised to make minor amendments and all consequential/subsidiary actions required, including staffing matters such as redundancies.

To propose an amended structure and ways of working for the Public Protection shared management team, and to obtain approval to proceed with theimplementation of the proposals to restructure this service (report of the Portfolio Holder for Public Protection is enclosed).

Consideration was given to the report of the Portfolio Holder for Public Protection which proposed an amended structure and ways of working for the Public Protection shared management team and sought approval to proceed with the implementation of the proposals to restructure the service.

DECISION:

1)    That the Executive Director for Strategy and Governance, in consultation with the Executive Member for Public Protection, be authorised to implement the proposals subject to no major change.

2)    That the Executive Director for Strategy and Governance, in consultation with the Executive Member for Public Protection, be authorised to make minor amendments and all consequential/subsidiary actions required, including staffing maters.

To give consideration to depot provision (report of the Portfolio Holder for Place and the Executive Director Place).

Consideration was given to the report of the Portfolio Holder for Place and Executive Director of Place in respect of depot provision.

DECISION

That the recommendations, as detailed within the report, be agreed.