Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 5 April 2016 (previously circulated).

RESOLVED:The Minutes of the Meeting held on 5 April 2016 were approved as a correct record and signed by the Chairman.

RESOLVED:The Minutes of the Meeting held on 5 April 2016 were approved as a correct record and signed by the Chairman.

To consider any business, which by reason of special circumstances, the Chairman proposes to accept, under Section 100(b)(4)(b) of the Local Government Act 1972.

The Chairman had agreed that the following item be considered under Section 100(b)(4)(b) of the Local Government Act 1972, in order that the allowances for all members may be resolved at the commencement of the Municipal year.

RECOMMENDED:      1)                     That the purpose and role of the Deputy Cabinet Members be noted as follows and included within the relevant sections of the Constitution:

Purpose

To assist and work with the designated Cabinet Member with their responsibility for allocated portfolios.

Duties and Responsibilities

1. To assist the designated Cabinet Member in shaping and developing the strategic priorities of the Council as it relates to the allocated portfolio.

2. To assist the designated Cabinet Member in monitoring performance in specified areas relating to the allocated portfolio.

3. Where appropriate and where permissible under the Council’s Constitution to represent the designated Cabinet Member at meetings or visits.

4. The role of Deputy Cabinet Member does not allow any use of Cabinet Members delegated powers or responsibilities.

2)         That an allowance of £1,100 be paid to Deputy Cabinet Members.

Reason for Decision

To complete the final structure

The Chairman had agreed that the following item be considered under Section 100(b)(4)(b) of the Local Government Act 1972, in order that the allowances for all members may be resolved at the commencement of the Municipal year.

Councillor Long presented the report which proposed that the newly appointed Deputy Cabinet Members be paid an allowance of £1,100 per annum.  He explained that the reduction in the number of Cabinet Members and the removal of the position of Assistant to the Leader had ensured the proposal was within budget. Councillor Long gave information on the role and level of responsibilities of the Deputy Cabinet Members which is set out below.

It was agreed that Deputy Cabinet Members would be trained to ensure it was clear what their role was in meetings when representing a Cabinet Member, and that they were not in possession of any delegated authority.  It was agreed that the reference to Deputy Cabinet Members and their roles be inserted in the appropriate section of the Constitution.

RECOMMENDED:      1)                     That the purpose and role of the Deputy Cabinet Members be noted as follows and included within the relevant sections of the Constitution:

Purpose

To assist and work with the designated Cabinet Member with their responsibility for allocated portfolios.

Duties and Responsibilities

1. To assist the designated Cabinet Member in shaping and developing the strategic priorities of the Council as it relates to the allocated portfolio.

2. To assist the designated Cabinet Member in monitoring performance in specified areas relating to the allocated portfolio.

3. Where appropriate and where permissible under the Council’s Constitution to represent the designated Cabinet Member at meetings or visits.

4. The role of Deputy Cabinet Member does not allow any use of Cabinet Members delegated powers or responsibilities.

2)         That an allowance of £1,100 be paid to Deputy Cabinet Members.

1)         That officers be instructed to seek the Membership from Group Leaders for the Local Development Framework Task Group for the new Municipal Year.

2)         That the Broadcasting of Public Meetings Task Group be disbanded as the legislative requirements.

3i)        That the Membership of the Joint Safety and Welfare Committee Membership be confirmed as:

Councillors B Long, K Mellish and J Westrop

ii)         That the Membership of the Joint Employee Committee be confirmed as follows:

Councillors I Devereux, M Chenery of Horsbrugh, B Long, K Mellish and J Westrop.

Reason for Decision

To allow the business of the Council to continue into 2016/17

The Chairman had agreed that the item be considered in order that the memberships were updated for the current year in order to ensure that business could continue with the up to date membership. 

Cabinet was invited to appoint to the Joint Safety and Welfare Committee and Joint Employee Committee, agree to appoint to the Local Development Framework Task Group for the forthcoming year.

It was agreed to disband the Broadcasting Task Group as it had completed the work required in the changes to the constitution, and the ability of the public to record meetings remained.

RESOLVED:   1)         That officers be instructed to seek the Membership from Group Leaders for the Local Development Framework Task Group for the new Municipal Year.

2)         That the Broadcasting of Public Meetings Task Group be disbanded as the legislative requirements.

3i)        That the Membership of the Joint Safety and Welfare Committee Membership be confirmed as:

Councillors B Long, K Mellish and J Westrop

ii)         That the Membership of the Joint Employee Committee be confirmed as follows:

Councillors I Devereux, M Chenery of Horsbrugh, B Long, K Mellish and J Westrop.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

These declarations apply to all Members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

Councillors B Long and E Nockolds declared non pecuniary interests in the Careline Alarm Monitoring item with family members using the service.

To receive any Chairman’s correspondence.

None

To note the names of any Councillors who wish to address the meeting under Standing Order 34.

Councillor J Moriarty attended the meeting under Standing Order 34 and addressed Cabinet on items 10,12 and 13.

Councillor J Moriarty attended the meeting under Standing Order 34 and addressed Cabinet on items 10,12 and 13.

To report on any Cabinet Decisions called in.

No matters were called in.

No matters were called in.

A copy of the Forward Decisions List is attached.

The Forward Decision list was noted.

The Forward Decision list was noted.

To receive any comments and recommendations from other Council bodies.  Copies of any comments made will be circulated as soon as they are available.

None

None

RESOLVED:1)       That the Statement of Community Involvement be made available for consultation for a period of 6 weeks.

2)       That the final version of the document prepared after the consultation period be reported back through to Council for final approval.

Reason for Decision

To ensure that the Borough Council has an up-to-date Statement of Community Involvement adopted, to inform the next stages of the Local Plan review and planning application process. Changes were agreed to take into account the comments made under Standing Order 34.

The LDF Manager presented a report which explained that the Council adopted a Statement of Community Involvement (SCI) in 2006. This reviewof theCouncil’sSCI had takenaccountof therecentchangesin legislation andpolicy.Planning legislationsetout anumber ofstatutoryrequirementswith respecttoconsultationon planningpolicy documents andplanning applications.The SCIset outhowthe Councilwould meetthese requirementsalong withthe additionalactivitiesthe Councilwould undertaketoinvolvepeople inthe planning system.

The report also explained that theLocalismAct2011alsosetouta ‘duty toco-operate’, which wasa requirementthattheCouncilengagewithneighbouringCouncilsand other statutorybodies toconsiderjointapproachestoplan-making. The Council wascommittedtomeetingthisdutyandintendedtoworkcloselywithneighbouringauthorities,otherpartnerorganisationsand stakeholders.

The revised SCI was required to go out to consultation for 6 weeks, to give stakeholders and the local community the opportunity to comment upon the document.

The report proposed that those comments would then be considered by the Executive Director - Environment and Planning and the Cabinet Member, with the intention that the document was amended if required and then adopted via delegated powers.

Under Standing Order 34, Councillor Moriarty suggested that the final document should go to Council for approval, rather than the delegated authority being granted to finalise the document. 

In response it was agreed that the document would come back through to Council for approval after the consultation process was complete.

In response to a suggestion that Applicants and Agents be required to carry out public consultation it was noted that the Government advice was that they should do it and the wording was contained in the document.  It was also noted that at the Heacham Appeal currently being undertaken comments had been made on  ...  view the full minutes text for item CAB10

RECOMMENDED:   1)       That the revised Child Protection Policy be approved.

2)       That delegated authority be given to the Executive Director, Central and Community Services, in consultation with the relevant Portfolio Holder, to agree amends/updates to the Policy that may be required to ensure it remains compliant with legislation

3)       That Officers take steps to ensure that the Council’s duty to safeguard and promote the welfare of children is appropriately reflected in contracts, leases and licences

Reason for Decision

To ensure that the Council meets its statutory duties with respect to child protection.

Councillor Mrs K Mellish presented a report which invited Members to consider and endorse updates to the corporate Child Protection Policy. The policy had been in place since 2007 and had been revised to reflect current practice and developments which had evolved during the intervening period.  The policy was designed to ensure the Council met its responsibilities and safeguarded children and young people from potential harm and abuse, as well as protecting itself, its staff and elected members.

Councillor Mrs Nockolds commented that she was pleased that Council property leases etc were being reviewed to take into account the safeguarding element.

Under Standing Order 34 Councillor Mrs Wright asked if Childhood Obesity was considered under the policy, to which it was undertaken to look into whether it was.

RECOMMENDED:      1)         That the revised Child Protection Policy be approved.

2)         That delegated authority be given to the Executive Director, Central and Community Services, in consultation with the relevant Portfolio Holder, to agree amends/updates to the Policy that may be required to ensure it remains compliant with legislation

3)         That Officers take steps to ensure that the Council’s duty to safeguard and promote the welfare of children is appropriately reflected in contracts, leases and licences

RESOLVED:   That the following changes be made to the Executive Outside Body appointments for 2016/17:

Alive Leisure Trust – Councillor Mrs A Wright 

British Destinations and British Resorts and Destinations Association – Policy Committee – Delete

College of West Anglia Board – Councillor B Long

Downham Market Leisure Centre – Councillor K Mellish

Freebridge Community Housing and Borough Council Strategic Forum – Councillors B Long A Lawrence and R Harding.

Hunstanton Green Management Committee – Mrs E Nockolds

King’s Lynn Town Centre Partnership – Councillor B Long, Sub - Councillor P Hodson

Local Authority Company Board (Alive Management) – Councillors B Long, Mrs E Nockolds and Mrs K Mellish

Local government Association – Councillor B Long

Norfolk and Waveney Enterprise Services – B Long

Norfolk Coast Partnership – Councillor B Long , Sub – Councillor S Squire

Norfolk County Playing Fields Assn – Councillor E Nockolds if the body is still meeting – if not delete.

Norfolk Parking Partnership – Councillor Mrs K Mellish,  Sub - Councillor J Westrop

Norfolk Police and Crime Panel – Councillor B Long, Sub -  Councillor C Manning

Norfolk Waste Partnership – Councillor B Long, Sub - Councillor S Squires

North Lynn Discovery Centre – Councillor G Middleton

Thameslink – Councillor Long if it were to meet.

West Norfolk Chamber of Commerce – Councillor Long

West Norfolk Sports Council Management Committee – Councillor Mrs E Nockolds

West Norfolk Tourism Executive Committee – Councillors Mrs E Nockolds and Mrs A Wright.

2)         That the reporting arrangements be noted, as shown in section 3 of the report.

3)         To note that all other appointments to Outside Bodies will be made at the Council meeting on 30 June 2016.

Reason for decision

To ensure continued involvement in the community by the Council. 

The report sought nominations for Executive appointments to serve on outside bodies and partnerships requiring confirmation for 2016/17 to ensure continued involvement in the community by the Council.

Under Standing Order 34, Councillor Moriarty sought clarification on the Freebridge Consultative Body representation which in the agenda showed Councillor Daubney.  It was explained that the membership shown in the agenda was shown for the previous year for ease of nominating for the current year.

RESOLVED:   That the following changes be made to the Executive Outside Body appointments for 2016/17:

Alive Leisure Trust – Councillor Mrs A Wright 

British Destinations and British Resorts and Destinations Association – Policy Committee – Delete

College of West Anglia Board – Councillor B Long

Downham Market Leisure Centre – Councillor K Mellish

Freebridge Community Housing and Borough Council Strategic Forum – Councillors B Long A Lawrence and R Harding.

Hunstanton Green Management Committee – Mrs E Nockolds

King’s Lynn Town Centre Partnership – Councillor B Long, Sub - Councillor P Hodson

Local Authority Company Board (Alive Management) – Councillors B Long, Mrs E Nockolds and Mrs K Mellish

Local government Association – Councillor B Long

Norfolk and Waveney Enterprise Services – B Long

Norfolk Coast Partnership – Councillor B Long , Sub – Councillor S Squire

Norfolk County Playing Fields Assn – Councillor E Nockolds if the body is still meeting – if not delete.

Norfolk Parking Partnership – Councillor Mrs K Mellish,  Sub - Councillor J Westrop

Norfolk Police and Crime Panel – Councillor B Long, Sub -  Councillor C Manning

Norfolk Waste Partnership – Councillor B Long, Sub - Councillor S Squires

North Lynn Discovery Centre – Councillor G Middleton

Thameslink – Councillor Long if it were to meet.

West Norfolk Chamber of Commerce – Councillor Long

West Norfolk Sports Council Management Committee – Councillor Mrs E Nockolds

West Norfolk Tourism Executive Committee – Councillors Mrs E Nockolds and Mrs A Wright.

2)         That the reporting arrangements be noted, as shown in section 3 of the report.

3)         To note that all other appointments to Outside Bodies will be made at the Council meeting on 30 June 2016.

RecommendED:      1)         That Council approve parts 1-4 of the amended Constitution

Part 1 – Summary and Explanation

Part 2 – Articles (with the addition in 16.04 (a) to say a hard copy of the Constitution will be available to Councillors should they wish)

Part 3 – Terms of Reference of Council Bodies including the Scheme of Delegation (subject to the inclusion in F 1 and H.1 of Deputy Cabinet Members not being appointed to sit on Audit Committee and Policy Review and Development Panels)

Part 4 – Standing Orders

2)         That the Chief Executive, in consultation with the Leader be given delegated Authority to make minor amendments to the elements to resolve any anomalies which may occur.

3)         That all elements of the Constitution be automatically updated to take into account any legislative requirements.

Reason for Decision

To ensure that Constitution is reviewed and updated in accordance with the new structure, and to respond to points raised under Standing Order 34.

Cabinet considered a report which recommended updates to the following elements of the Constitution to take into account changes in the Council Scrutiny structure, and the Cabinet responsibilities, also taking the opportunity to review and update the documents: 

Part 1 – Summary and Explanation

Part 2 – Articles

Part 3 – Terms of Reference of Council Bodies including the Scheme of Delegation

Part 4 – Standing Orders

Under Standing Order 34 Councillor Moriarty:

·        suggested that hard copies of the constitution be given to new members on appointment. 

·        asked if Deputy Cabinet Members would be appointed to serve on Panels as he considered it would be looked upon in the same way as Cabinet Members. 

·        Asked how information could be ascertained about meetings attended by Deputy Cabinet Members.

In response it was confirmed that hard copies of the Constitution would be made available should Members wish, Deputy Cabinet Members had not and would not be appointed to serve on Panels, but it was agreed to add this wording to the Constitutional elements as required.  With regard to information on meetings attended, it was explained that the Deputy would report back to the Cabinet Member who would be able to answer questions on it.

RecommendED:      1)         That Council approve parts 1-4 of the amended Constitution

Part 1 – Summary and Explanation

Part 2 – Articles (with the addition in 16.04 (a) to say a hard copy of the Constitution will be available to Councillors should they wish)

Part 3 – Terms of Reference of Council Bodies including the Scheme of Delegation (subject to the inclusion in F 1 and H.1 of Deputy Cabinet Members not being appointed to sit on Audit Committee and Policy Review and Development Panels)

Part 4 – Standing Orders

2)         That the Chief Executive, in consultation with the Leader be given delegated Authority to make minor amendments to the elements to resolve any anomalies which may occur.

3)         That all elements of the Constitution be automatically updated to take into account any legislative requirements.

Exclusion of Public

The Cabinet is asked to consider excluding the public from the meeting under section 100A of the Local Government Act 1972 for consideration of the items below on the grounds that they involve the likely disclosure of exempt information as defined by paragraph 3 of Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PRIVATE ITEM

Details of any representations received about why the following reports should be considered in public will be reported at the meeting.

RESOLVED:           That under Section 100(A)(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 paragraph 3 of Part 1 of Schedule 12A to the Act.

RESOLVED:           That under Section 100(A)(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 paragraph 3 of Part 1 of Schedule 12A to the Act.

The item was deferred for future consideration

The item was deferred for future consideration

RESOLVED:   That the completion of a formal contact with Herefordshire Housing Ltd be approved from 1st July 2016 at an estimated contract value, based on current volumes of over the initial four year contract, with provision for extensions of up to two additional years in total.

Reason for Decision

To ensure that the Council complies with public procurement regulations and continues to provide a reliable service to the Authorities Careline clients.

The Careline Community Service Manager presented a report explaining that the current alarm monitoring contract with Invicta Telecare (Trading as Centra Pulse) expired on 30^th June 2016.  A tender exercise had taken place under EU Procurement Regulations for a replacement contract that would run until 2020.  5 tender responses were received by the deadline on 22^nd April 2016 and were opened on 25^th April 2016.  The shortlisted Contractor attended an interview on 6^th May 2016.  An update to the report on the outcome of the tender process and interview was provided for members’ attention.  Questions were answered on the breakdown of the tender criteria.

RESOLVED:   That the completion of a formal contact with Herefordshire Housing Ltd be approved from 1st July 2016 at an estimated contract value, based on current volumes of over the initial four year contract, with provision for extensions of up to two additional years in total.

RESOLVED:          That the application for Hardship Relief be declined.

Reason for Decision

To ensure the decision regarding Hardship Relief is reviewed as per the guidelines

Cabinet considered a report which explained that an application for Businesses Rates Hardship Relief had been received in November 2015 which had been declined.  The Hardship Relief policy allowed the ratepayer to ask Cabinet to reconsider this decision.  The application was considered.

RESOLVED:           That the application for Hardship Relief be declined.

The Item was deferred for consideration at a future meeting

The Item was deferred for consideration at a future meeting