Agenda and minutes

To receive any apologies.

It was noted that no apologies for absence had been received.

To authorise the signing of the minutes of the Council Meeting held on 16^th May 2012 and the Extraordinary Meeting of the Council held on 25^th June, 2012, attached.

RESOLVED that the minutes of the Council Meeting held on the 16^th May 2012 and the Extraordinary Council Meeting held on 25^th June, 2012 be approved and signed as correct records.

Matters especially brought forward by the Mayor and the Leader.

The Mayor confirmed that it was not acceptable to respond to Council questions by e-mail. All Council questions would be dealt with in accordance with the adopted Council procedure, with a written answer normally being supplied prior to the meeting.

To receive any requests for Deputations, Presentation of Petitions or Public Questions.

The Council received and noted a deputation from Neil Kelly, Southampton Anti-Academies, seeking support for the campaign against the expansion of school academies in the City.

Report of the Leader of the Council, attached.

The report of the Leader of the Council was submitted, setting out the details of the business undertaken by the Executive (copy of the report circulated with agenda and appended to signed minutes).

The Leader and the Cabinet made statements and responded to Questions.

The appointment of Councillor Noon as Cabinet Member for Efficiency and Improvement was noted.

The following questions were then submitted in accordance with Council Procedure Rule 11.1:

1. Development Control

Question from Councillor Vinson to Councillor Thorpe

Is the Cabinet Member aware that, despite the claims of his predecessor to have strengthened Development Control, there is currently a serious backlog in inspections and enforcement actions?

Answer

Yes, I am aware of this issue and it is being addressed. There is currently an enforcement backlog, due to particular resource pressures in this area; there are currently just two planning enforcement officers in post. However we are currently recruiting a further two enforcement officers; one is a new, temporary, fixed term post to deal with HMOs and the other is a vacant post.

2. Fly-tipping

Question from Councillor Turner to Councillor Thorpe

What measures will be taken this year to deal with the problem of fly-tipping in the City?

Answer

The Regulatory Services Division has taken the lead in coordinating teams across the council to tackle Fly tipping.

City Patrol, Environmental Health, Trading Standards, Streetscene & Community Safety, Waste Services, Housing, and others are working together with the police, Hampshire Fire & Rescue and neighbouring local authorities to deter fly tipping and hold those who repeatedly engage in this criminal behaviour to account.

Coxford Road, where it meets Lords Wood has been identified by the group as the city’s number 1 fly tipping hotspot.  As a result a specific action plan to tackle fly tipping in this particular location is being implemented.

The intention is to rollout this approach to other ‘hotspots’ and identify appropriate action at each to engage the local community, educate, deter and take enforcement action against those found responsible.

This work will link with the planned programme of Street CRED days (Crime Reduction and Environment Days) which will also focus on geographical areas of the City and take an inter-agency approach to dealing with crime and anti-social behaviour.

3. Young Carers

Question from Councillor Turner to Councillor Bogle

What is being done to ensure support for the education and personal development of young carers in Southampton?

Answer

The City Council contract with Southampton Voluntary Services to provide comprehensive support to young people who are carers.  The service ensures that young carers have access to personalised support, leisure activity, alternative learning experiences and health advice and guidance.  The service worked with approximately 120 young carers during 2011/12 and is continuing this work in 2012/13.

4. Oaklands Pool

Question from Councillor Vassiliou to Councillor Payne

How much money has been spent since 16th May on Oaklands Pool?

Answer

£13,340

5. Oaklands Pool

Question from Councillor Vassiliou to Councillor Payne

How many staff will be affected by  ...  view the full minutes text for item 33.

(a)  Councillor Hannides to move:-

This Council deplores the closure of Oaklands Pool. The Labour Executive is, therefore, urged to:-

(i)  reconsider its decision,

(ii)  invest in this much valued community facility; and

(iii)ensure the pool is reopened as soon as possible.

(b)  Councillor Moulton to move:-

This Council believes that all Councillors should follow the Councillors' Code of Conduct and believes that Councillors should be honest and should at all times avoid the appearance of dishonesty in their activities as a Councillor.

In particular senior councillors such as Cabinet Members and the Leader should take special care to ensure that they carry out their roles in a fit and proper manner.

Council agrees that should it come to light that a Cabinet Member or the Leader of the Council has lied and done so publicly, making use of Council resources, then this would be a resignation matter.

(c)  Councillor Vinson to move:-

This Council is concerned at the number of poorly maintained Houses in Multiple Occupation in the City.

In the best interests of tenants and neighbourhoods this Council therefore urges the Executive to bring forward an Additional Licensing scheme, similar to those adopted by Oxford, Leeds, Croydon, Haringey, Hounslow, Cardiff and others, as soon as practicable.

(d)  Councillor Furnell to move:-

This Council is in full support of local residents concerned by the proposals for a major biomass plant in the docks and therefore urges the Executive to undertake a referendum amongst those immediately affected in the Freemantle and Millbrook wards as soon as is practicably possible in order to influence the final decision of the Secretary of State and with minimal use of scarce Council resources.

(a)  Oaklands Pool

Councillor Hannides moved and Councillor Moulton seconded:

“This Council deplores the closure of Oaklands Pool. The Labour Executive is, therefore, urged to:-

(i)  reconsider its decision,

(ii)  invest in this much valued community facility; and

(iii)ensure the pool is reopened as soon as possible”.

Amendment moved by Councillor Letts and seconded by Councillor Payne:

After “This Council” delete “deplores” and replace with ‘notes’ after “the” remove “closure” and replace with ‘proposal to start the public consultation on the potential”.

New sentence to read: “This Council notes the proposal to start the public consultation on the potential closure of Oaklands pool.”

Delete the remainder and replace with:

“As part of this consultation the Council will seek the views of pool users, Coxford councillors and residents in seeking a financially sustainable future for the Oaklands pool.”

Amended Motion to read:

This Council notes the proposal to start the public consultation on the potential closure of Oaklands Pool.  As part of this consultation the Council will seek the views of pool users, Coxford councillors and residents in seeking a financially sustainable future for the Oaklands pool.

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED CARRIED

UPON BEING PUT TO THE VOTE THE MOTION AS AMENDED WAS DECLARED CARRIED

RESOLVED that the motion as amended be approved.

(b)  Code of Conduct

Councillor Moulton moved and Councillor Smith seconded:

“This Council believes that all Councillors should follow the Councillors' Code of Conduct and believes that Councillors should be honest and should at all times avoid the appearance of dishonesty in their activities as a Councillor.

In particular senior councillors such as Cabinet Members and the Leader should take special care to ensure that they carry out their roles in a fit and proper manner.

Council agrees that should it come to light that a Cabinet Member or the Leader of the Council has lied and done so publicly, making use of Council resources, then this would be a resignation matter”.

With the consent of the meeting, Councillor Vinson withdrew his amendment.

Amendment moved by Councillor Shields and seconded by Councillor Stevens:

In paragraph two - delete ‘Cabinet Members and the Leader’ and replace  with existing and former Cabinet Members, the Leader and Council representatives on outside bodies (such as the Police Authority and the Fire and Rescue Authority)’

In sentence three delete all after ‘Council agrees that ’ and replace with ‘any allegations of serious malpractice by leading Council representatives – including misuse of Council resources or deliberate deception of the public – are referred to the Council’s Governance Committee in the first instance’.

Amended Motion to read:

This Council believes that all Councillors should follow the Councillors' Code of Conduct and believes that Councillors should be honest and should at all times avoid the appearance of dishonesty in their activities as a Councillor.

In particular senior councillors such as existing and former Cabinet Members, the Leader and Council representatives on outside bodies  ...  view the full minutes text for item 34.

To consider any question of which notice has been given under Council Procedure Rule 11.2.

It was noted that no questions to the Chairs of Committees or the Mayor had been received.

To deal with any appointments to Committees, Sub-Committees or other bodies as required.

It was noted that the following changes to the appointments to Committees, Sub-Committees and Other Bodies had been made:

1. The appointment of Independent Persons to Governance Committee (Mr David Blake and Mrs Elizabeth Hale) and Designated Independent Persons (David Basson (currently the Chair of Fareham Borough Council’s Standards Committee) and Alison Foster);

2. That Councillor Claisse had replaced Councillor Baillie on the Health Overview and Scrutiny Panel;

3. That Councillors McEwing and Barnes-Andrews had been appointed as Labour representatives on the Hampshire Fire and Rescue Authority;

4. That Councillor Morrell would replace Councillor Noon on Scrutiny Panel A; and

5. That Councillor Laming would replace Councillor Noon on the Employment and Appeals Panel.

Report of the Cabinet Member for Resources, seeking approval of changes to existing revenue and capital budgets, attached. 

The report of the Cabinet Member for Resources was submitted seeking approval of changes to existing revenue and capital budgets (copy of report circulated with the agenda and appended to signed minutes).

Amendment moved by Councillor Vinson and seconded by Councillor Turner:

Amend recommendation (i) to replace Appendix 1 to the report which proposes one of expenditure of £240,000 in 2012/13 with Annex 2 to this Amendment which proposes expenditure of £1,464,000 in 2012/13 and £1,570,000 in 2013/14 and 2014/15.

Amend recommendation (iii) to replace Appendix 2 to the report which sets out proposals for efficiencies and service reductions for consultation with Annex 3 to this Amendment.

Add recommendations (vi) to (x) as set out below.

AMENDED RECOMMENDATION TO READ

(i)  Approve the spending initiatives set out in Annex 2 to this Amendment.  These initiatives will be funded largely from balances subject to the approval of the Amendment to the General Fund Revenue Outturn report on the Council Agenda;

(ii)  Note the high level forecast for the General Fund for 2013/14 as detailed in paragraphs 13 to 16 of the Changes to Existing Revenue and Capital Budgets report on the Council Agenda;

(iii)  Note the proposals for efficiencies and service reductions which are put forward for consultation and are set out in Annex 3 to this Amendment;

(iv)  Note that formal consultation on the proposals as set out in Annex 3 to this Amendment will now commence with trades unions, affected staff and any people or organisations affected by the proposals to ensure all options have been considered;

(v)  Delegate authority to the Chief Financial Officer (CFO) following consultation with the Cabinet Member for Resources to do anything necessary to give effect to the recommendations in this Amendment;

(vi)  Approve the changes to the Capital Programme as set out in Annex 4 to this Amendment;

(vii)  Note the overall impact of the proposals as set out in Annex 1 to this Amendment on the budget in 2012/13;

(viii)  Note that the overall impact of the proposals, as set out in Annex 2, 3 and 4 to this Amendment on the Medium Term Financial forecast is to increase the budget gap in 2014/15, as shown in Annex 5a to this Amendment, subject to the approval of the Amendment to the General Fund Revenue Outturn report on the Council Agenda;

(ix)  Note that if the Amendment to the General Fund Revenue Outturn report on the Council Agenda is not approved then the impact of the proposals as set out in Annex 2, 3 and 4 to this Amendment on the Medium Term Financial forecast, is to increase the gap further, as shown in Annex 5b to this Amendment if minimum balances of £5.0M are to be maintained in each year;

(x)  Note that if this Amendment to the Changes to Existing Revenue and Capital Budgets report on the Council Agenda is not approved then the Amendment to the General Fund Revenue Outturn report on the Council Agenda will  ...  view the full minutes text for item 37.

Report of the Cabinet Member for Resources concerning the Financial Statements for2011/12, attached.

The report of the Cabinet Member for Resources was submitted concerning the Financial Statements for2011/12 (copy of report circulated with the agenda and appended to signed minutes).

RESOLVED:

(i)  that it be noted that the Financial Statements 2011/12 had been signed by the Chief Financial Officer; and

(ii)  that it be noted that the approval of the Financial Statements 2011/12 by the Governance Committee would take place on 25 September, subject to any changes required after the completion of the Audit.  Any such changes would be presented to the Governance Committee.

Report of the Cabinet Member for Resources concerning the General Fund Revenue Outturn for 2011/12, attached

The report of the Cabinet Member for Resources was submitted concerning the General Fund Revenue Outturn for 2011/12 (copy of report circulated with agenda and appended to signed minutes).

Amendment moved by Councillor Vinson and seconded by Councillor Turner

Amend recommendation (v) which asks Council to approve the use of £5.5M of the 2011/12 under spend to fund the cost of the corporate items as set out in paragraph 17 of the General Fund Revenue Outturn report on the Council Agenda, reducing this amount to £3.4M to fund the cost of the corporate items as set out in Annex 1 to this Amendment.

Add recommendation (vi) as set out below.

AMENDED RECOMMENDATIONS TO READ:

(i)  Notes the final outturn for 2011/12 detailed in Appendix 1 to the General Fund Revenue Outturn 2011/12 report on the Council Agenda, which is an under spend of £6.9M;

(ii)  Notes the performance of individual Portfolios in managing their budgets as set out in paragraph 9 of the General Fund Revenue Outturn 2011/12 report on the Council Agenda and notes the major variances in Appendix 2 of the report;

(iii)  Notes re-phasing on the capital programme means that funding of £77,100 will be needed in future years when the capital spending takes place as set out in paragraph 14 of the General Fund Revenue Outturn 2011/12 report on the Council Agenda;

(iv)  Approves the carry forward requests totalling £786,000 (of which £521,000 relates to central repairs and maintenance) as outlined in paragraph 16 and set out in detail in Appendix 3 of the General Fund Revenue Outturn 2011/12 report on the Council Agenda;

(v)  Approves the use of £3.4M of the 2011/12 under spend to fund the cost of the corporate items as set out in Annex 1 to this Amendment;

(vi)  Notes the position for balances after taking into account the commitments outlined in this Amendment and the funding required for the current capital programme, as set out in Annex 2 to this Amendment.

(Copy of annex 1 and 2 as circulated at the meeting attached as appendix C to these minutes).

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED LOST

RESOLVED:

(i)  that the final outturn for 2011/12 as detailed in Appendix 1 to the report which is an under spend of £6.9M, be noted;

(ii)  that the performance of individual Portfolios in managing their budgets as set out in paragraph 9 of the report be noted together with the major variances set out in Appendix 2 to the report;

(iii)  that it be noted that re-phasing on the capital programme means that funding of £77,100 would be needed in future years when the capital spending takes place as set out in paragraph 14 of the report;

(iv)  that the carry forward requests totalling £786,000 (of which £521,000 relates to central repairs and maintenance) as outlined in paragraph 16 and set out in detail in Appendix 3 to the report be approved; and

(v)  that the use of £5.5M of  ...  view the full minutes text for item 39.

Report of the Cabinet Member for Resources, concerning the General Fund Capital Outturn for 2011/12, attached.

The report of the Cabinet Member for Resources was submitted concerning the General Fund Capital Outturn for 2011/12 (copy of report attached to the agenda and appended to signed minutes).

RESOLVED:

(i)  that the actual capital spending in 2011/12 as shown in paragraphs 4 and 5 of the report together with the major variances detailed in Appendix 1to the report, be noted;

(ii)  that the revised estimates for 2012/13, adjusted for slippage and re-phasing as shown in Appendix 3 to the report be noted;

(iii)  that it be noted that no major under or over spends had been identified at this stage but that provision had been made for additional DRF funding as part of the revenue outturn, as detailed in the General Fund Revenue Outturn 2011/12 report, to respond to a potential pressure relating to the final cost of the SeaCity Museum;

(iv)  that the proposed capital financing in 2011/12 as shown in paragraph 12 of the report be approved;

(v)  that it be noted that the capital programme is currently fully funded based on the latest forecast of capital receipts;

(vi)  that it be noted that due to anticipated delays in the receipt of funding from the sale of capital assets an additional £9.16M had to be borrowed to fund the 2011/12 programme which is in line with delegated powers approved in September 2008 and the revenue implications of which had been reflected in the General Fund revenue budget; and

(vii)  that it be noted that the additional temporary borrowing outlined in resolution (vi) above would be repaid as the cash flow position improves as capital receipts are generated following the planned sale of a number of property assets.

Report of the Cabinet Member for Housing and Leisure Services, concerning the Housing Revenue Account and Capital Outturn for 2011/12, attached.

The report of the Cabinet Member for Housing and Leisure Services was submitted concerning the Housing Revenue Account and Capital Outturn for 2011/12 (copy of report circulated with agenda and appended to signed minutes).

RESOLVED:

(i)  that the HRA revenue outturn for the financial year 2011/12, which shows a favourable variance for the year of £525,100 and balances at the end of the year of £2,620,700 be noted;

(ii)  that the revenue carry forward into 2012/13 of £225,000, within the responsive repairs budget be approved, to help fund the continuation of the mobile working project and £57,000, within the programme repairs budget, for electrical testing and smoke detector maintenance works that were delayed;

(iii)  that the capital outturn for 2011/12 be noted;

(iv)  that the amendments to the HRA Capital Programme for 2012/13 set out in Appendix 3 to the report to take account of the slippage and re-phasing in 2011/12 be approved; and

(v)  that it be noted that the use of the additional resources would be considered as part of the next full update of the HRA Business Plan later in 2012.

Report of the Head of Finance (Chief Financial Officer), concerning the treasury management activities for 2011/12, attached.

The report of the Head of Finance (Chief Financial Officer), was submitted concerning the treasury management activities for 2011/12 (copy of report circulated with agenda and appended to signed minutes).

RESOLVED:

(i)  that the Treasury Management activities for 2011/12 and the outturn on the Prudential Indicators be noted;

(ii)  that it be noted that the continued proactive approach to TM had led to reductions in borrowing costs and safeguarded investment income during the year; and

(iii)  that the recommendation to transfer £1.0M to the Interest Equalisation Reserve as set out in the General Fund Revenue Outturn 2011/12 report to ensure that adequate provision is made for the future increase in interest costs associated with the ongoing utilisation of variable interest rates be noted.

Report of the Cabinet Member for Resources, concerning the actual payments made to and from the collection fund during the 2011/12 financial year, attached.

The report of the Cabinet Member for Resources, was submitted concerning the actual payments made to and from the collection fund during the 2011/12 financial year (copy of report circulated with agenda and appended to signed minutes).

RESOLVED that the accounts for the Collection Fund in 2011/12 as shown in Appendix 1 to the report be noted.

Report of the Cabinet Member for Environment and Transport seeking approval to deliver the Platform for Prosperity - Platform Road Improvement Scheme, attached.

The report of the Cabinet Member for Environment and Transport was submitted seeking approval to deliver the Platform for Prosperity - Platform Road Improvement Scheme (copy of report circulated with agenda and appended to signed minutes).

RESOLVED that in accordance with Financial Procedure Rules, capital expenditure of £6.850m, phased £1.653m in 2012/13, £4.765m in 2013/14 and £0.432m in 2014/15 for the “Platform for Prosperity” capital scheme contained within the Environment and Transport Capital Programme, funded by £5.595m from the Regional Growth Fund and £1.255m from the Council’s Local Transport Plan (LTP) grant funding be approved.

Report of the Head of Legal, HR and Democratic Services regarding the changes to the standards regime brought about by the Localism Act 2011 and the new Code of Conduct as recommended by the Standards and Governance Committee, attached.

The report of the Head of Legal, HR and Democratic Services was submitted regarding the changes to the standards regime brought about by the Localism Act 2011 and the new Code of Conduct as recommended by the Standards and Governance Committee (copy of report circulated with agenda and appended to signed minutes).

RESOLVED:

(i)  that the revised Members Code of Conduct as set out at Appendix 1 to the report to come into operation with immediate effect be adopted;

(ii)  that delegated authority be granted to the Head of Legal, HR and Democratic Services to make any technical amendments to the Code which may be necessary as a result of any statutory requirements introduced following the adoption of the revised Code;

(iii)  that the arrangements for the consideration, investigation and hearing of complaints under the revised Members Code of Conduct as set out in appendix 2 to the report be adopted;

(iv)  that delegated authority be granted to the Head of Legal, HR and Democratic Services to make any technical changes necessary to the arrangements set out in appendix 2 in order to give effect to any statutory requirements or further Leading Counsel’s advice awaited in relation to transitional arrangements;

(v)  that the Terms of Reference of the Governance Committee as set out in appendix 5 of the report be amended to enable it to grant dispensations under section 33 of the Localism Act 2011 and the Members Code of Conduct;

(vi)  that Council Procedure Rules (addition of new paragraph 14.16) as set out in appendix 3 and Executive Procedure Rules (addition of paragraph 1.5(d) and 1.5(e)) as set out in appendix 4 be amended to require that Members who have a personal and prejudicial and / or Disclosable Pecuniary Interest under the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012  declare that interest and leave the decision taking or decision meeting during the discussion of the relevant item unless a dispensation to stay has been obtained;

(vii)  That David Basson (currently the Chair of Fareham Borough Council’s Standards Committee) and Alison Foster be appointed to act as Designated Independent Persons for a period of three years for the purposes of the consideration, investigation and hearing of complaints under the Members Code of Conduct and associated procedures;

(viii)  That delegated authority be granted to the Head of Legal, HR and Democratic Services to amend the Council’s Constitution to take into account any further amendments required as a result of the Localism Act 2011 and its associated regulations.

Report of the Head of Legal, HR and Democratic Services regarding amendments to the Local Government (Miscellaneous Provisions) Act 1982”, and proposed new licensing provisions, attached.

The report of the Head of Legal, HR and Democratic Services was submitted regarding amendments to the Local Government (Miscellaneous Provisions) Act 1982, and proposed new licensing provisions (copy of report circulated with agenda and appended to signed minutes)

RESOLVED:

(i)  that it be noted that at its meeting on 22 March 2012, the Licensing Committee considered the amendments to the 1982 Act and recommended that Council adopt the licensing provisions for SEVs;

(ii)  that Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009 (“the 2009 Act”) be adopted, and the following recommendations shall apply:-

·  That the new statutory provisions that will apply to Southampton City Council are with effect from the 20 August 2012;

·  That authority be delegated to the Licensing Committee to discharge its statutory functions (including the adoption of policy and setting of fees) under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended;

·  That the Head of Legal, HR and Democratic Services be given delegated authority to:

o  arrange formal publication of the statutory notices in a local newspaper;

o  approve applications in such cases where no objections are made to the grant, renewal, transfer or variation of sex establishment licences;

o  prepare a draft policy together with standard conditions application to sex establishments for consideration and adoption by the Licensing Committee.

Report of the Head of Legal, HR and Democratic Services seeking approval for changes to the governance of the Chipperfield Trust, attached.

The report of the Head of Legal, HR and Democratic Services seeking approval for changes to the governance of the Chipperfield Trust was deferred pending information from the Charity Commission.

Report of the Director of Economic Development summarising the use of the Call-in procedure over the last six months.

RESOLVED that the report of the Director of Economic Development summarising the use of the Call-in procedure over the last six months be noted.

Report of the Senior Manager – Customer and Business Improvement detailing the Overview and Scrutiny Annual Report 2011 / 2012 in accordance with the Council’s Constitution, attached. 

RESOLVED that the report of the Senior Manager, Customer and Business Improvement detailing the Overview and Scrutiny Annual Report 2011 / 2012 in accordance with the Council’s Constitution be noted.