Agenda and minutes

Cabinet - Tuesday, 3rd September, 2013 6.30 pm

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

Contact: Amanda Taylor  01775 764837

Items
No. Item

12.

Minutes pdf icon PDF 68 KB

To sign as a correct record the minutes of the meeting of the Cabinet held on 11 June 2013 (copy enclosed). 

Minutes:

The minutes of the meeting held on 11 June 2013 were signed by the Leader as a correct record.

13.

Members' Interests

(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.)   

 

Minutes:

No interests were declared.

14.

Questions raised by the public under Cabinet Procedure Rule 2.4

Minutes:

No questions were raised under Cabinet Procedure Rule 2.4.

15.

matters subject to call-in

Minutes:

There were no matters subject to call-in.

16.

matters arising from the Policy Development and Performance Monitoring Panels

Minutes:

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

17.

Financial Performance Quarter 1: 2013-14 pdf icon PDF 29 KB

To provide information on the forecast full year financial position of the Council as at 30 June 2013.  (Joint report of the Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director Finance (S151) enclosed.)

Additional documents:

Minutes:

This agenda item was brought forward at the request of the Leader.

 

Consideration was given to the joint report of the Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director Finance (S151) which provided information on the forecast full year financial position of the Council as at 30 June 2013.  A copy of the Financial Report for the quarter ending 30 June 2013 was enclosed within the agenda as Appendix 1.

 

DECISION:

 

a)      That the report and Appendix 1 be noted;

 

b)      That the quarter 1 position be noted;

 

c)      That the New Homes Bonus at quarter 1, to be transferred to reserves, be noted;

 

d)      That the Quarter 1 position on Spalding Special Expenses for 2013-14 be noted;

 

e)      That the Quarter 1 position on the 2013-14 and forecast outturn for the Housing Revenue Account be noted;

 

f)       That the Quarter 1 position for the Council’s 2013-14 Council Tax and Business Rates be noted;

 

g)      That the Quarter 1 position on the Capital Programme and forecast outturn be noted; and

 

h)      That the Quarter 1 position for the Council’s 2013-14 and the forecast Treasury outturn be noted. 

 

RECOMMENDED TO COUNCIL:

 

That the virement for disabled facilities grants for £53,000 (rounded) be approved.

 

(Options:

·      To note the report and not approve the recommendations detailed in appendix 1.

Reasons for Recommendations:

·      To provide timely information to Members on the overall finances of the Council and to make the best use of resources available.)

18.

Localism Act 2011 pdf icon PDF 44 KB

To update Members on the work undertaken thus far to ensure the Council’s full compliance with the Act and to seek agreement that a Community Asset Register is introduced in line with the aforementioned legislation.  (Joint report of the Portfolio Holder for Localism and Big Society and the Assistant Director Commissioning enclosed.)

Additional documents:

Minutes:

Consideration was given to the joint report of the Portfolio Holder for Localism and Big Society and the Assistant Director Commissioning which provided an update on the work undertaken, to date, to ensure the Council’s full compliance with the Act and to seek agreement that a Community Asset Register be introduced in line with the aforementioned legislation.

 

Councillor Gambba-Jones suggested that a common sense approach for dealing with expressions of interest and other queries relating to the Community Asset Register, submitted to South Holland District Council, would be to submit them to the Planning Committee Chairman’s Panel to be dealt with in liaison with the Planning Officers and the relevant ward members.

 

The Leader referred to domestic rates on businesses such as public houses and queried the unfairness of charging 50% rates, when the premises were empty for six months.  The Assistant Director Commissioning agreed to look into the legalities and taxation of the matter and report back to a future meeting.

 

DECISION:

 

a)      That the content of the report be noted, specifically the activity already undertaken to ensure compliance with the Localism Act 2011, and the establishment of a Community Assets Register as outlined in body of the report and in compliance with the Localism Act 2011; and

 

b)      That the Assistant Director Commissioning investigate the legalities and taxation of domestic rates on businesses, and report back to a future meeting.

 

RECOMMENDED TO COUNCIL:

 

a)      That a policy of no compensation payments be agreed, with regards to loss of income due to the moratorium on sale imposed by registration on the Community Assets Register (i.e. compensation for delay or failure to sell as a result of registration NOT loss of property value through the sale); and

 

b)      That any expressions of interest submitted to the authority be dealt with by the Planning Committee Chairman’s Panel, in liaison with Planning Officers and the relevant ward members.

 

(Options:

·      To create a Community Asset Register adjudicated and administered by officers;

·      To create a Community Asset Register adjudicated by councillors and administered by officers;

·      To agree a policy for the payment of compensation to the owners of assets included on the register; and 

·      To agree a policy of not providing compensation payments.

Reasons for Recommendations:

·      By having the Community Asset Register adjudicated and administered by officers standard practices and procedures would be developed and followed but members’ local knowledge would likely not be utilised on a case-by-case basis;

·      By adjudicating for the Community Asset Register, members would be applying their local knowledge to their work for the council and exercising the authority of their mandate (with the assistance of officers as required) - therefore promoting local democracy, which in turn further promotes the Localism Agenda;

·      By having a policy of compensation payment the Council exposes itself to financial risk. Without data over a sufficiently long period it is impossible to accurately predict the cost of a compensation policy. Central government has committed to paying any compensation in excess of £20,000 over the course  ...  view the full minutes text for item 18.