Agenda and draft minutes

South Holland District Council - Wednesday, 22nd September, 2021 6.30 pm

Venue: Function Room, South Holland Centre, Market Place, Spalding, Lincolnshire, PE11 1SS

Contact: Democratic Services  01775 764705

Items
No. Item

35.

Minutes pdf icon PDF 234 KB

To sign as a correct record the minutes of the meeting held on 29 July 2021     (copy enclosed).

Minutes:

Consideration was given to the minutes of the meeting of Full Council held on 29 July 2021.

 

DECISION:

That the minutes be signed as a correct record.

36.

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:

There were none.

37.

Chairman's Announcements.

Minutes:

The Chairman made the following announcements:

 

·         The Authority’s new Joint Chief Executive, Rob Barlow was unable to attend his first meeting of Full Council as he was on annual leave.

·         The Chairman advised members of a forthcoming event, to be held in aid of the Chairman’s Charity, MIND.  A Quiz Night would be held on Thursday 25 November 2021 at the Elizabethan Centre in Whaplode Drove.  There would be a Fish and Chip Supper and tickets were £10 each.

38.

Announcements by Leader and Members of the Cabinet.

Minutes:

The Leader made the following announcements:

 

·         As reported at Cabinet, the Leader advised that Councillor Astill was replacing Councillor Drury as a Cabinet member.  There were some changes to portfolios which would be circulated shortly.

·         It was reported that the shared management structure was operating well, that the Memorandum of Understanding had been agreed from a legal standpoint and that this would shortly be signed allowing the partnership to formally take effect.  The Leader thanked all those who had assisted in getting the new arrangements to this point.

 

There were no announcements from other members of the Cabinet.

39.

Questions asked on notice under Standing Order 6

Minutes:

There were none.

40.

Questions asked without notice under Standing Order 7

Minutes:

Question to:  Councillor Gambba-Jones

Question From:  Councillor Newton

Subject: Waste collection from private drives

 

Councillor Newton thanked Councillor Gambba-Jones for the information he had provided her regarding private drives and asked if there was anything further that members could do to assist with waste collection issues from private drives.  Councillor Gambba-Jones responded that the Authority was experiencing high-volume development with some of these developments including private drives.  The Authority had attempted to undertake a number of initiatives in order to achieve some improvements.  Many had required the intervention of the Waste Services team, over and above their normal duties – this had taken up a significant resource and was unsustainable in the long term.  Education by leafleting could be undertaken although it was often not legitimate users at the collection points who were creating the waste. He advised members to remain vigilant and report any problems on a regular basis, and the Enforcement team would attempt to deal with any issues.

 

Question to:  Councillor Taylor

Question From:  Councillor Gibson

Subject:  Remembrance Day Parade

 

Councillor Gibson commented that there was some confusion over whether the Remembrance Day Parade could take place this year, and asked for confirmation that it would be going ahead.  Councillor Porter commented that organisation of the event fell to Parish Councils and the Royal British Legion.  However, Spalding did not have a Parish Council and the event was therefore organised by the Council’s Communities Team.  The Portfolio Holder for Communities and Facilities, Councillor Taylor responded that it was important that these events were held.  He had attended a meeting during the week with a further one the following week, after which there would be more clarity on the issue.  He confirmed that the Parade would be taking place this year, and that all involved would be in a better position with regard to organisation of the event next year. 

Councillor Newton commented that some members had undertaken training with Lincolnshire County Council and were trained to their standards to hold organised parades.  The experience of some members could therefore be used to assist with these events.  Councillor Taylor advised that he would take this on board.

41.

Committee Minutes

Minutes:

The minutes of the following Committees and Panels were noted:

 

·         Licensing Committee – 15 July 2021

·         Planning Committee – 21 July 2021

·         Joint Performance Monitoring Panel and Policy Development Panel – 22 July 2021

·         Governance and Audit Committee – 29 July 2021

·         Planning Committee – 1 September 2021

42.

Key Decision Plan pdf icon PDF 153 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.

43.

Report from Cabinet meeting on 7 September 2021 pdf icon PDF 140 KB

To consider recommendations of the Cabinet in respect of:

 

2021/21 Financial Outturn – To provide information on the outturn financial position of the Council as at 31 March 2021 (Cabinet minute 6) (Cabinet agenda item 7).

 

 

Additional documents:

Minutes:

Consideration was given to the report of Cabinet which sought approval for the Cabinet’s recommendations in respect of the 2020/21 Financial Outturn.  The report provided information on the outturn financial position of the Council as at 31 March 2021.

 

The report was presented to the Council by the Portfolio Holder for Finance, Strategy and Partnerships who advised that there had been many challenges for the Council during the period, due to the Covid 19 pandemic.  A full explanation of information within the reports was provided.  It was reported that Government grants, service departments monitoring their budgets and staffing being kept to a minimum  had resulted in a better than expected year-end outcome, despite the pandemic.

 

DECISION:

 

1)    That the General Fund Underspend be transferred to the Council Tax Reserve; and

 

2)    That the General Fund Capital Programme and HRA Capital Programme be approved as set out in Section 4 of Appendix A.

44.

Annual Treasury Management Review 2020/21 pdf icon PDF 541 KB

To consider the Annual Treasury Management Review for 2020/21 (report of the Executive Director – (Strategy and Resources) (S151) enclosed).

 

 

Minutes:

Consideration was given to the report of the Executive Director (Strategy and Resources), which requested that members consider the Annual Treasury Management Review for 2020/21.

 

The following point was made:

 

·         With regard to monies borrowed by the Authority in 2012 to retain its housing stock, members questioned whether the Government could be asked to reconsider the matter of the PWLB interest rate paid in relation to the current low interest rates

o   The Portfolio Holder for Finance, Strategy and Partnerships commented that the decision had been made by Council and he considered it had been a good decision.  The Leader also stated that the decision made had been the best option at the time, and that tenants were better served as Council rather than RSL tenants.

 

DECISION:

 

That the Council receive and approve the Annual Treasury Management Review 2020/21 as required by the Local Government Act 2003.

45.

Shared Officers - Section 113 Agreement pdf icon PDF 126 KB

To consider entering into an Agreement with Breckland Council under Section 113 of the Local Government Act 1972 to share Legal Services Officers, Procurement and Contracts Officers, and the Environmental Protection Business Support Officer (report of Assistant Director – Governance and Monitoring Officer enclosed).

Minutes:

Consideration was given to the report of the Assistant Director – Governance and Monitoring Officer which asked members to consider entering into an Agreement with Breckland District Council under Section 113 of the Local Government Act 1972 to share Legal Services Officers, Procurement and Contracts Officers, and the Environmental Protection Business Support Officer.

 

The report was presented by the Assistant Director – Governance and Monitoring Officer, who provided further clarity to the report.  When the Authority had separated amicably from Breckland Council earlier in the year, it had been agreed that a small number of services would continue to be provided by Breckland – these were service areas where SHDC did not have an in-house resource of its own to support the Council.  These services were Legal, Procurement and Contracts, and an Environmental Protection Business Support Officer.  These officers continued to support SHDC after it had split from Breckland, and this had been written into the separation agreement drawn up at the time.  As part of the separation, it had been agreed to enter into a much shorter and simpler Memorandum of Agreement under Section 113 of the Local Government Act 1972, in respect of these residual services.  These were interim arrangements with flexibility to allow for services to be removed from the arrangement at short notice should this be required, and the legal agreement itself could be terminated with six months’ notice.  With the new sharing arrangements with the South and East Lincolnshire Councils Partnership, any of these residual services could be considered for service review between the three new partners, and if an internal service was provided, the arrangements with Breckland could be terminated at short notice.

 

Members considered the report, and the following issues were raised:

 

·         Members commented that the explanation provided by the Assistant Director – Governance and Monitoring Officer provided much clarity to the report.

 

·         Members questioned whether, as part of discussions between the Authority and East Lindsey and Boston Councils, Legal Services would be transferred to Legal Services Lincolnshire.

  • The Assistant Director – Governance and Monitoring Officer responded that this had not been part of the conversation at the time.  SHDC received external support from Legal Services Lincolnshire, and internally through the Legal team who had opted to transfer to Breckland.   These arrangements could change in the future.

 

·         Members questioned whether the positions detailed within the report were available through the Boston and East Lindsey arrangement, and was there a time limit to exit from the Breckland arrangement?

  • The Assistant Director – Governance and Monitoring Officer responded that the arrangement with Breckland could be terminated on a 6 month basis.  There was no specific end date in order to provide an option on how the services should be provided and access to these services was therefore required until an alternative was proposed.  With regard to Boston and East Lindsey, members were advised that both authorities used external lawyers, and the internal procurement support was relatively small – it was therefore important to retain access  ...  view the full minutes text for item 45.

46.

South and East Lincolnshire Councils Partnership - Joint Committees and other constitutional matters pdf icon PDF 155 KB

To consider proposed amendments to the Constitution as a result of the Council’s previous decision to form a Strategic Alliance with Boston Borough Council and East Lindsey District Council (report of the Assistant Director for Governance and Monitoring Officer enclosed).

 

Minutes:

Consideration was given to the report of the Assistant Director for Governance and Monitoring Officer, which asked members to consider proposed amendments to the Constitution as a result of the Council’s previous decision to form a Strategic Alliance with Boston Borough Council and East Lindsey District Council.

 

Members were advised that within Appendix A, Section 1,under the heading Monitoring Officer and Section 151 Officer the wording ‘approved by Full Council’ should have been inserted.  The sentence should read ‘No offer of appointment may be made until approved by Full Council and notice of the proposed appointment………’

 

DECISION:

 

a)    That the Appointments and Disciplinary Committee be renamed the Chief Officer Employment Panel, the terms of reference be changed to those set out in section one of Appendix A to this report, but the membership be unchanged;

b)    That the Appointments and Disciplinary Appeals Committee be renamed the Chief Officer Employment Appeals Panel, the terms of reference be changed to those set out in section two of Appendix A to this report, and the size of the Panel be reduced from four to three members;

c)    That an Independent Panel be established as a standing committee of the Council, with the terms of reference set out in section three of Appendix A, and its membership be the Independent Person of this Council appointed under section 27 of the Localism Act 2011 together with the Independent Person appointed by Boston Borough Council and East Lindsey District Council under the same statutory provision;

 

d)    That, in respect of any complaint against a Chief Officer or Deputy Chief Officer which may potentially lead to any action for misconduct, capability, or for some other substantial reason, each statutory officer be authorised to act as an initial ‘filter’ to determine whether such complaint should progress to the Chief Officer Employment Panel or instead be determined through another process, except in any matter that relates to their own conduct;

 

e)    That the Council’s Democratic Services Team, working with the Councillor Development Working Group, ensure that members (and Independent Persons) serving on the Chief Officer Employment Panel, Chief Officer Employment Appeals Panel and Independent Panel receive suitable training;

 

f)     That all Officers employed by South Holland District Council, East Lindsey District Council or Boston Borough Council, who are shared pursuant to the s113 Agreement between those Councils, be granted or re-granted delegated authority to act as officers of South Holland District Council in accordance with the Constitution and the schedule of specific delegations and the Monitoring Officer be authorised to make such amendments to post titles and areas of responsibility set out in those documents as the Monitoring Officer considers appropriate;

 

g)    That the Head of the Paid Service be granted delegated authority to approve temporary short-term arrangements, in consultation with the Leader of the Council, to place staff of this authority at the disposal Boston Borough Council and/or East Lindsey District or to agree the placing of staff of those authorities at the disposal of this authority pending  ...  view the full minutes text for item 46.

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:

Following the resignation of Councillor Drury from the Cabinet, and the appointment of Councillor Astill to the Cabinet, the following changes were reported to Council:

 

·         Councillor Drury to replace Councillor Astill on the Performance Monitoring Panel

·         Councillor Drury to replace Councillor Astill on the Policy Development Panel

·         A replacement for Councillor Astill on the Governance and Audit Committee was still to be decided

 

Councillor Newton confirmed that she would have some Committee alterations once she had heard from Councillor Bingham.

 

DECISION:

 

That Councillor Drury’s appointment to both the Performance Monitoring Panel and the Policy Development Panel be approved.

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.

49.

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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 4 of part 1 of the Schedule 12A of the Act.

Minutes:

DECISION:

Under section 100A (4) of the Local Government Act 1972, the press and public were excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 4 of part 1 of Schedule 12A of the Act.

50.

Report from Cabinet meeting on 7 September 2021 (exempt item)

To consider recommendations of the Cabinet in respect of:

 

Waste Collection Staffing and Critical HGV Driver Shortage – To provide an update on the current staffing situation for waste collections, including the HGV driver shortage, and to seek approval to implement new working arrangements to support ongoing service delivery (exempt Cabinet minute 11) (Cabinet agenda item 13).

 

 

Additional documents:

Minutes:

Consideration was given to the report of Cabinet which provided an update on the current staffing situation for waste collections, including the HGV driver shortage, and sought approval to implement new working arrangements to support ongoing service delivery.

 

Consideration was given to proposed improvements to terms and conditions, and changes to working arrangements, training and associated matters.

 

DECISION:

 

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