Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 28 and 30 June 2016 (previously circulated).

RESOLVED:The Minutes of the Meetings held on 28 and 30 June 2016 were approved as a correct record and signed by the Chairman.

RESOLVED:The Minutes of the Meetings held on 28 and 30 June 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.

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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.

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To receive any Chairman’s correspondence.

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

Under Standing Order 34, Councillor S Squires addressed the Cabinet on the item on Release of Balloons and Lanterns on Council property.

Under Standing Order 34, Councillor S Squires addressed the Cabinet on the item on Release of Balloons and Lanterns on Council property.

To report on any Cabinet Decisions called in.

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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 which meet after the dispatch of this agenda.  Copies of any comments made will be circulated as soon as they are available.

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RECOMMENDED:  That  the Borough Council of King’s Lynn and West Norfolk policy and statutory process for Assets of Community Value, as attached be agreed and recommended to Council for approval.

Reason for Decision

To approve the revised policy on Assets of Community Value in order that is easier to read and implement.

Cabinet considered a report which explained that the Council had had a policy in place to deal the Assets of Community Value since the Localism Act introduced the concept in 2011. The Assets of Community Value process allowed interested community groups to bid for assets of community value, whereby they can ‘pause’ the sale process, giving them six months to prepare a bid to buy the Asset before it can be sold.

The policy had been updated to make it clearer and easier to read and annexed standard letters and acknowledgements to save time. There were 2 main changes to the way that applications would be dealt with:

·        Social wellbeing

One of the criteria for selection as a community asset was that it furthered the social wellbeing or social interest of the local community. This was currently not defined in the policy so it was proposed that the Council used the Collins English Dictionary to define its ordinary meaning as follows:

‘social’ - relating to or having the purpose of promoting companionship, communal activities

‘wellbeing’ - the condition of being contented, healthy, or successful; welfare

·        Unsuccessful nominations

The policy had been amended to take a more robust approach to repeated attempts to list an Asset of Community Value, where these had previously been unsuccessful.

RECOMMENDED:      That the Borough Council of King’s Lynn and West Norfolk policy and statutory process for Assets of Community Value, as attached to the report be agreed and recommended to Council for approval.

Reason for Decision

To approve the revised policy on Assets of Community Value in order that is easier to read and implement.

RESOLVED:1)       That sky lantern and mass balloon releases be prohibited through the terms and conditions of hire of Council owned land (subject to the typo on the last para of appendix A reading “or”);

2)       That a code of conduct that discourages staff and members from supporting sky lantern and mass balloon releases through funding or officer time be adopted

Reason for Decision

The recommendations enable the Council to raise awareness of sky lanterns and mass balloon releases as an avoidable animal welfare, financial and safety issue, and prevent releases on Council land. 

Cabinet considered a report which explained that the release of balloons and sky lanterns in the outdoor environment posed a significant threat of harm to wildlife and livestock from ingestion, entanglement, entrapment and through the panic they could cause.  The flame within sky lanterns could also pose a fire hazard and, when released out to sea, a significant risk to the proper and effective operation of coastal rescue services.  Both were also a potential source of litter and waste in our environment.

Under Standing Order 34 Councillor S Squires addressed the Cabinet on the effects on wild birds, animals and marine life who accidently ingested them or became tangled in them, and the effects of the lanterns on fire risk to farm land etc.

RESOLVED:   1)         That sky lantern and mass balloon releases be prohibited through the terms and conditions of hire of Council owned land;

2)         That a code of conduct that discourages staff and members from supporting sky lantern and mass balloon releases through funding or officer time be adopted

Reason for Decision

The recommendations enable the Council to raise awareness of sky lanterns and mass balloon releases as an avoidable animal welfare, financial and safety issue, and prevent releases on Council land. 

RESOLVED:1)       That the articles of the company be approved as a “with profits” company limited by shares.

2)       That the Leader and Cabinet Members for Housing and Regeneration and the Chief Executive and the Strategic Housing Manager be appointed as Directors of the Company and the Assistant Director, S151 Officer be appointed as Company Secretary.

3) That delegated authority be granted to the Legal Services Manager in consultation with the Cabinet Members for Regeneration and Community, Chief Executive, Assistant Director, S151 Officer to do anything necessary to set up an appropriate company structure, including:

          a) Selection of the name of the company

          b) Approval of a shareholders agreement to be entered into between the company and the Council including the terms outlined in the report.

          c) Ensuring that the company will hold appropriate insurances and/or benefit from insurances that the Council holds

Reason for Decision

To ensure that Governance arrangements are appropriate for the activities and objectives of the proposed new Local Housing Company

Cabinet considered a report which summarised the Governance arrangements that were proposed for the Local Housing Company which was detailed in the report to Cabinet of 28^th June 2016. 

RESOLVED:   1)         That the articles of the company be approved as a “with profits” company limited by shares.

2)         That the Leader and Cabinet Members for Housing and Regeneration and the Chief Executive and the Strategic Housing Manager be appointed as Directors of the Company and the Assistant Director, S151 Officer be appointed as Company Secretary.

3) That delegated authority be granted to the Legal Services Manager in consultation with the Cabinet Members for Regeneration and Community, Chief Executive, Assistant Director, S151 Officer to do anything necessary to set up an appropriate company structure, including:

            a) Selection of the name of the company

            b) Approval of a shareholders agreement to be entered into between the company and the Council including the terms outlined in the report.

            c) Ensuring that the company will hold appropriate insurances and/or benefit from insurances that the Council holds

Reason for Decision

To ensure that Governance arrangements are appropriate for the activities and objectives of the proposed new Local Housing Company

RESOLVED:           That the following be approved:

1)       To proceed with the partnership with Fenland District Council to provide shared management of each council's Internal Audit teams with effect from 1 April 2017.

2)       Approve that King’s Lynn and West Norfolk Borough Council enter into a Section 113 (of the Local Government Act 1972) agreement to enable officers to be at the disposal of each authority to discharge their functions.

3)       In consultation with the Portfolio Holder for Resources and the Leader, delegate to the Assistant  Director (S151 Officer) and the Monitoring Officer to finalise the agreement.       

Reason for the Decision

To continue to provide an effective internal audit function and achieve cost savings for the Council.

As part of the Council’s overall cost reduction proposals a report had been presented to the Audit Committee at its meeting on 11 July 2016 which  considered a number of options for partnership arrangements for delivery of the Council’s Internal Audit function.   The proposal to work with Fenland District Council would deliver savings and with a manageable reduction in the audit plan would continue to provide an effective internal audit function.

The Audit Committee had recommended that the proposal for the provision of a shared Internal Audit Manager between King’s Lynn and West Norfolk Borough Council (BCKLWN) and Fenland District Council (FDC) be approved.

Cabinet endorsed the proposal.

RESOLVED:               That the following be approved:

1)         To proceed with the partnership with Fenland District Council to provide shared management of each council's Internal Audit teams with effect from 1 April 2017.

2)         Approve that King’s Lynn and West Norfolk Borough Council enter into a Section 113 (of the Local Government Act 1972) agreement to enable officers to be at the disposal of each authority to discharge their functions.

3)         In consultation with the Portfolio Holder for Resources and the Leader, delegate to the Assistant  Director (S151 Officer) and the Monitoring Officer to finalise the agreement. 

Reason for the Decision

To continue to provide an effective internal audit function and achieve cost savings for the Council.