Agenda and minutes

to approve as a correct record and authorise the Chairman to sign the minutes of the Panel held on 2 August 2018;

O&S.29/18     

The minutes of the meeting of the Overview and Scrutiny Panel held on 2 August 2018 were confirmed as a correct record and signed by the Chairman.

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

O&S.30/18     

Members and officers were invited to declare any interests in the items of business to be considered during the course of the meeting.  These were recorded as follows:-

Cllr P C Smerdon declared a personal interest in Item 12(b): ‘Task and Finish Group Updates: Community Funding’ (Minute O&S.38/18(b) below refers) and specifically part 1 of the recommendation by virtue of being a Council appointed representative and trustee of the South Hams Community and Voluntary Service (CVS).  Having sought the advice of the Council’s Monitoring Officer, Cllr Smerdon advised that he would make an introductory statement before leaving the meeting room during the debate and vote on this item; and

Cllr K Pringle also declared a personal interest in Item 12(b): ‘Task and Finish Group Updates: Community Funding’ (Minute O&S.38/18(b) below refers) and specifically part 1 of the recommendation by virtue of being a Council appointed representative of the South Hams CVS and remained in the meeting and took part in the debate and vote thereon.

brought forward at the discretion of the Chairman;

O&S.31/18     

The Chairman informed that he had no items of urgent business to be raised at this meeting. 

A period of up to 15 minutes is available to deal with issues raised by the public;

O&S.32/18     

In accordance with the Public Forum Procedure Rules, the Chairman informed that there were no questions that had been received for consideration during this agenda item.

Note: If any Member seeks further clarity, or wishes to raise issues regarding any future Executive agenda item, please contact Member Services before 5.00pm on Monday, 3 September 2018 to ensure that the lead Executive Member(s) and lead officer(s) are aware of this request in advance of the meeting.

(NB. the Panel has already requested the following items to be raised at this meeting):

(a)   Medium Term Financial Position – Presentation; and

(b)   Public Toilet Pay on Entry Contract Award – Verbal Update

O&S.33/18     

The Panel was presented with the most recently published Executive Forward Plan and proceeded to note the likelihood that the agenda items relating to the: ‘Governance Arrangements Post JLP Adoption’ and ‘Peer Review Report’ would now be considered at a later meeting of the Executive.

(a)   Medium Term Financial Strategy – Presentation

Having formally requested that the Panel consider the Medium Term Financial Strategy (MTFS) before its onward consideration by the Executive, the Section 151 Officer conducted a presentation to Members that also contained ten recommendations.

In the ensuing debate, reference was made to:-

(a)   some concerns that Development Management Committee Members were disengaged from the process of developing the MTFS.  To offset these concerns, officers confirmed that the MTFS would be a standalone item on the Council agenda for its meeting on 27 September 2018;

(b)   the Business Rates Pilot Scheme.  Members considered that the Council had little option other than to submit an application for Business Rates Pilot status for 2019/20.  That being said, the Panel felt it to be very unfair that those local authorities that were located in London did not have to re-apply;

(c)    negative Revenue Support Grant.  It was confirmed that the District Council Network was working very hard to obtain a realistic business rates baseline for all District Councils from 2020 onwards;

(d)   the use of New Homes Bonus funding.  Such was the level of detail that was contained within the presentation slides in relation to New Homes Bonus funding, that a Member did not feel in a position to reach a view at this meeting;

(e)   Earmarked Reserves.  The Panel felt that there was a need for ongoing review of the projects that were allocated within the Earmarked Reserves.  Furthermore, a Member felt that it would be good practice to impose deadlines on such projects;

(f)     the recommendations to take specialist pension advice and review the terms and conditions of the Employment Green Book.  In support of the recommendations on the options for the Council’s Pension position and the conditions of the Employment Green Book, Members considered these to be particularly important matters;

(g)  the Treasury Management recommendations.  The Panel was of the view that any recommendations it made on External Borrowing levels would be pre-empting the views of the Audit Committee.  As a result, the Panel did not feel it appropriate to make a recommendation on this part of the MTFS at this time.

It was then:

RESOLVED

O&S.34/18     

The Panel considered a report that sought to recommend that the Commercial Property Strategy be adopted.  Furthermore, the report also sought to recommend that a total borrowing limit of £60 million be agreed for the Strategy.

During discussion, the following points were raised:-

(a)   As with the earlier comments during the debate on the Medium Term Financial Strategy (Minute O&S.33/18(b) refers), the Panel was reluctant to make any recommendations on the total borrowing limit and felt that it should be a matter for the Audit Committee to consider in detail at its next meeting;

(b)   With regard to the proposed Governance arrangements, some concerns were expressed.  In particular, it became apparent that there were differing views over whether or not the Investment Member Group was to become a formal decision-making body.  In the event of the Group becoming a constituted decision-making body, then serving non-Executive Members roles (that require independence) would be compromised.  As a way forward, it was suggested that the non-Executive Members could attend meetings of the Group in a non-voting capacity.

Such was the extent of the concerns and differing views, that the Panel asked that further consideration be given to the Terms of Reference for the Member Group and the proposed delegated decision-making process.  A recommendation to this effect was subsequently PROPOSED and SECONDED and when put to the vote declared CARRIED;

(c)       A debate ensued on the proposal for the Head of Paid Service to be given delegated authority, in consultation with the Section 151 Officer and the Leader of Council and the Chair of the Member Group.  Some Members could not understand the suggestion whereby the Section 151 Officer (who was only a consultee in the decision) would then have a casting vote in the event of a ‘split decision’.  Furthermore, the point was raised on a number of occasions that the Council was a Member led authority and the governance arrangements should reflect this fact.

(d)   To reflect his personal concerns, a Member formally PROPOSED that:-

‘In light of the lack of information available at this time, the Commercial Property Strategy should not be approved.’

However, this proposal was not seconded and was therefore not debated.

It was then:

RESOLVED

That the Overview and Scrutiny Panel wish to express the following views to the Executive:-

1.     that the Panel endorse the principle of a Commercial Property Strategy that includes the following multiple objectives:

-       to support regeneration and the economic activity of the District;

-       to enhance economic benefit;

-       to grow business rate income;

-       to assist with the financial sustainability of the Council as an ancillary benefit;

-       to help the Council continue to deliver and/or improve frontline services in line with the Council’s adopted strategy and objectives; and

2.     That the proposed Commercial Property Strategy be revised, with a detailed Terms of Reference for the Investment Member Group being drafted and further consideration being given to the proposed delegated decision-making process in time for consideration at  ...  view the full minutes text for item O&S34/18

O&S.35/18     

The Panel considered a report that set out a business case for the formation of a Housing Wholly Owned Company (WOC).  The report concluded that, on balance, there was no requirement for the formation of a Council Housing Wholly Owned Company at this time.

In discussion, the following points were raised:-

(a)   In support of the intention to ‘enable homes to meet the needs for all’, a number of Members acknowledged that this could be achieved irrespective of whether or not a Wholly Owned Company was formed;

(b)   In expressing disappointment, some Members felt it regrettable that the Council had not built (or facilitated the building of) any genuinely affordable housing for local working people in recent years.  In addition, these Members stated the need for the Council to reconsider its definition of the term ‘affordable’ and review its Affordable Housing Policy;

(c)    Despite receiving assurances to the contrary, a Member remained of the view that there was a need to set up a Wholly Owned Company as a means to overcome the right to buy provision.

It was then:

RESOLVED

(NOTE: in accordance with Council Procedure Rule 15.6, Cllr K J Baldry requested that his vote against this recommendation be formally recorded).

O&S.36/18     

The Panel considered a report that updated Members of the steps that had been taken by officers to improve the effectiveness of car parking equipment.

In discussion, reference was made to:-

(i)     the latest compensatory offer to the Council.  Officers informed that the latest compensatory offer from the Metric Group to reflect the lost income incurred by the Council was unsatisfactory.  In the event of the offer remaining unsatisfactory, Members requested that senior representatives from the Metric Group should then be invited to attend a future Panel meeting;

(ii)    future pay and display equipment.  In recognition of the changing face of car parks, it was agreed that measures such as ‘pay on exit’; construction of barriers; and flexible forms of payment should be considered as part of the 2019/20 Budget Setting process.

It was then:

RESOLVED

1.     That the actions taken be endorsed and the steps being taken by the Metric Group be noted; and

2.     That, in the event of their compensation offer remaining unsatisfactory, then senior representatives of Metric Group be invited to attend a future Panel meeting.

O&S.37/18     

Members were presented with two formal decision notices arising from recent Hearing Panel meetings.

It was noted that these two Panel Hearings had been convened to consider allegations that Cllr Gina Coles (Dartmouth Town Council) and Cllr Rosie Adams (Totnes Town Council) had breached their respective Council’s adopted Member Code Of Conduct.

It was then:

RESOLVED

That Decision Notices SH 09 170817 and SH 11 071117 be formally noted.

(a)  Drug and Alcohol Abuse; and

(b)  Community Funding

O&S.38/18     

(a) Drug and Alcohol Abuse – Interim Report

An interim report of the Task and Finish Group was presented to the Panel that sought to:

-        consider the contents of a Briefing Note on designing out intravenous drug use in South Hams District Council Public Conveniences; and

-        recommended that works be undertaken to design out the use of intravenous drugs in the male toilets at Coronation Road, Totnes.

In the ensuing discussion, the contents of the interim report were supported and the Panel wished to extend its gratitude to the Task and Finish Group Members and lead officers for their work on this Review.

It was then:

RESOLVED

1.     That the Briefing Note on designing out intravenous drug use in South Hams District Council public conveniences (as outlined at Appendix A of the presented agenda report) be noted; and

(b) Community Funding

The Panel considered the concluding report of the Community Funding Task and Finish Group.

In discussion, reference was made to:-

(i)    the South Hams Community and Voluntary Service (CVS).  As indicated when declaring his interest (Minute O&S.30/18 above refers), the Vice-Chairman made a statement in support of the CVS that included:

§  The significant impact of previous funding reductions and his hope for a period of stability for the organisation;

§  The organisation having relocated from the Council offices in March 2018.  In making the point, the Member highlighted that the office had remained vacant since and stated that, had it been re-let, then the income generated could have helped to meet the financial reduction being proposed in this agenda report; and

§   The amount of work undertaken by the CVS that was closely aligned to the Council’s wellbeing priority theme.

(Upon the conclusion of his statement, the Vice-Chairman left the meeting room.)

In agreement with these views, another Member felt that a one-off reduction from £22,616 to £0 was rather harsh.  In disagreement, some of the Task and Finish Group Members felt the links to the Council’s corporate priorities were rather tenuous and questioned the added value that was being obtained by the Council.  This view was expanded upon, with reference being made to the close linkages between the work of the CVS and the social care sector.  Furthermore, these Members also highlighted that, despite being invited to do so each year, 53 of the 59 town and parish councils still chose not to make any financial contributions to the CVS.

(ii) the proposed funding reductions to the South Devon AONB.  In support of the recommendation, Group Members advised that assurances had been sought whereby, despite the proposed reduction, the AONB would still have sources of funding to deliver projects;

(iii) the South West Rotary Youth Games.  It was confirmed that clarity was still  ...  view the full minutes text for item O&S38/18

O&S.39/18     

The contents of the latest version of the Log was presented for consideration.  In discussion, it was agreed that the difficulties that Members were still experiencing in accessing the latest performance dashboard information on their IPads would be followed up.

to consider items for programming on to the annual work programme of the Panel, whilst having regard to the resources available, time constraints of Members and the interests of the local community

O&S.40/18     

The Panel noted the contents of its latest Annual Work Programme without any further comments, additions or amendments.

to consider the following resolution to exclude the public and press:-

“That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business in order to avoid the likely disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act”;

O&S.41/18     

   It was then:

RESOLVED

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following item of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.

O&S.42/18     

The Panel considered an exempt report that provided an update on the IT Procurement exercise.

In discussion, the Panel expressed its support for the proposed way forward.

It was then:

RESOLVED