Agenda and minutes

Cabinet - Tuesday, 6th May, 2014 6.30 pm

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

Contact: Amanda Taylor  01775 764837

Items
No. Item

67.

Minutes pdf icon PDF 54 KB

To sign as a correct record the minutes of the Special meeting of the Cabinet held on 26 February 2014 (copy enclosed). 

Minutes:

The minutes of the Special meeting held on 26 February 2014 were signed by the Leader as a correct record.

68.

Declarations of Interest

(Members are no longer required to declare personal or 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.

69.

Questions raised by the public under Cabinet Procedure Rule 2.4

Minutes:

No questions were raised under Cabinet Procedure Rule 2.4.

70.

matters subject to call-in

Minutes:

There were no matters subject to call-in.

71.

matters arising from the Policy Development and Performance Monitoring Panels

Minutes:

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

72.

Freedom of Information and Data Protection Policies pdf icon PDF 26 KB

To replace the current policies, dated 2004 to ensure that the Council’s policies reflect the current legislation relating to Freedom of Information and Data Protection.  (Joint report of the Deputy Leader / Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director Democratic Services enclosed.)

Additional documents:

Minutes:

Consideration was given to the joint report of the Deputy Leader / Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director Democratic Services which sought to replace the current Freedom of Information and Data Protection policies, dated 2004, to ensure that the Council’s policies reflected current legislation.  A copy of the revised policies were attached within the report as Appendix A (Freedom of Information Policy) and Appendix B (Data Protection Policy).

 

DECISION:

 

That the Freedom of Information and Data Protection policies be approved.

 

(Other options considered:

·      Do nothing.  However, if the Council did not update its policies it may lead to a breach of legislation to which the Council would potentially be liable.

Reasons for decision:   

·      The revised policies would promote openness, transparency and accountability throughout the Council.  The current policies required updating, which had been advised by Audit following an inspection of Corporate Information Governance.)

73.

Community Asset Register and Community Right to Bid pdf icon PDF 233 KB

At Cabinet on 3 September 2013 it was resolved that a Community Asset Register for South Holland be established.  The purpose of this report is to update Members on activity since this date and to recommend a number of changes regarding the administration of the Register and the Right to Bid process.  (Joint report of the Deputy Leader / Portfolio Holder for Localism and Big Society and the Assistant Director of Commissioning enclosed.)

Minutes:

Consideration was given to the joint report of the Deputy Leader / Portfolio Holder for Localism and Big Society and the Assistant Director of Commissioning which provided an update on activity regarding the Community Asset Register, since its establishment in September 2013, and sought approval of a number of changes regarding the administration of the Register and the Right to Bid process.  A copy of the Draft Amended processes and procedures for the Community Right to Bid (Assets of

Community Value) was attached within the report as Appendix A.

 

Councillor C N Worth requested an amendment to the third recommendation, with the removal of the words ‘or such officer appointed by the Monitoring Officer’.

 

Councillor Reg Boot, representing Parish Councils, suggested that it would be useful to circulate information to all Parish Clerks with regards to the Community Asset Register. 

 

DECISION:

 

a)      That the Portfolio Holder for Localism and Big Society, in consultation with the Assistant Director of Commissioning and the relevant Ward Councillors, be given delegated authority to determine whether an 'asset' should be included on South Holland's Community Asset Register;

 

b)      That the Portfolio Holder for Localism and Big Society, in consultation with the Assistant Director of Commissioning and S151 Officer, be given delegated authority to determine whether or not compensation was payable to an Owner;

 

c)      That the Monitoring Officer be given delegated authority for the determination of reviews against the listing of an asset and for the determination of reviews against the payment, or not of compensation, and/or the amount to the Owner;

 

d)      That the processes and procedures employed by South Holland District Council be amended to reflect those detailed in Appendix A within the report; and

 

e)      That information on the Community Asset Register be circulated to all Parish Clerks. 

 

(Other options considered:

·      Do nothing and continue to administer the Community Right to Bid process and Community Asset Register in its current format; or

·      Approve the recommendations with amendments.

Reasons for decision:   

·      The recommendations reflected recent learning and experience at South Holland and legal advice subsequently commissioned.  If implemented the recommendations would ensure that South Holland District Council had in place a thorough and robust Community Right to Bid process and Community Asset Register moving forward.)

74.

Write Offs pdf icon PDF 37 KB

To recommend writing off irrecoverable debts.  (Joint report of the Deputy Leader / Portfolio Holder for Strategic Finance and Democratic Services and the Assistant Director Finance (S151) enclosed.)

 

(Please note that the appendices associated with this report are not for publication by virtue of Paragraphs 1 (Information relating to any individual), 2 (Information which is likely to reveal the identity of an individual) and 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 12.)

Minutes:

Consideration was given to the joint report of the Portfolio Holder for Strategic

Finance and Democratic Services and the Assistant Director Finance (S151) which sought approval to write off irrecoverable debts.

 

A breakdown of the individual debts were attached as item 12 within the agenda, which was not for publication by virtue of Paragraphs 1 (Information relating to any individual), 2 (Information which is likely to reveal the identity of

any individual) and 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information). 

 

Agenda item 12 was no longer required and there was no need for the meeting to go into private session.

 

DECISION:

 

That the following debts be written off:

 

Council Tax                                                    £9,890.61

Business Rates                                             £42,151.64

Accounts Receivable                                    £24,482.25

Former Tenant Arrears                                 £1,725.40

Housing Benefit Overpayments                   £7,924.73

Total                                                                £86,174.63

 

(Other options considered:

·      Do nothing; or

·      Approve the recommendations with amendments

Reasons for decision:   

·      All recovery methods available had been considered and where appropriate pursued before making the decision to write off.)