Agenda and minutes

To receive any apologies.

Apologies for absence were submitted on behalf of Councillor McEwing.

Matters especially brought forward by the Mayor and the Leader.

(i)  German Students

The Mayor welcomed the German students from the University of Hof.

(ii)  FSB Award Certificate Presentation

Mr Webb, from the Federation of Small Businesses, presented the Council with the award for the Most Innovative Small Business Friendly Programme Award for work undertaken to promote street markets throughout the City. 

(iii)  City Deal

The Leader of the Council presented the signed City Deal document to the Mayor.

(iv)  National Skills Academy for Construction

The Mayor presented Denise Edghill and Andy Tickner with the overall award for the National Skills Academy for Construction, which had been award to Council by the Construction Industry Training Board.

(v)  Transport Award – Transport City of the Year

The Mayor presented the Transport Team with the award for the top local authority award for Transport City of the Year, as part of the National Transport Awards.

It was also noted that the Council had also received a commendation for front line employee of the year, for having sustainable transport recognised as a viable option for children in social services.

To authorise the signing of the minutes of the Council Meeting held on 18^th September 2013 attached.

RESOLVED that the minutes of the Council meeting held on 18^th September, 2013 be approved and signed as a correct record.

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

(i)  The Council received and noted a deputation from Mr Grace concerning the state of repair to Bellemoor Road.

(ii)  The Council received and noted a deputation from Mr Chaffey concerning the Council budget.

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.

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

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

1. HMO Registration Scheme
   
   Question from Councillor Furnell to Councillor Payne.

Can the Cabinet Member give me a timescale as to when he will be able to ascertain the results of the pilot for the HMO registration scheme?

Answer

Houses in Multiple Occupation in the Bargate, Bevois, Portswood and Swaythling wards were legally designated to be subject to additional licensing requirements from 1st July 2013 for five years. The scheme will be evaluated by 30th June 2016 with the intention of making further designations as appropriate across the City.

2. Art Sales
   
   Question from Councillor Vinson to Councillor Letts.

Will the Leader please inform Council as to any response he has received to his joint letter with Croydon Council to the Minister for the Arts regarding the sale of works of art?

Answer

The reply letter from the Minister had been circulated to Councillors Hannides and Vinson.  It stated that there was no change in the current policy.

3. Peer Review
   
   Question from Councillor Vinson to Councillor Letts.

What does the Leader regard as most helpful advice in the recent Peer Review Report?

Answer

The item was discussed at Overview and Scrutiny Management Committee, where it was agreed that processes needed to by simplified in order to maximise time for service delivery.  And also increase the capacity to take risk and allow all levels officers to make decisions.  There would be a Peoples Panel established to engage in the community.

4. Supermarket Levy
   
   Question from Councillor Vinson to Councillor Tucker.

Has the Cabinet Member considered following the example of Dover, Gloucester and Leeds Councils in considering a levy on supermarkets to generate funds to support smaller retailers?

Answer

I am not at present considering investigating a levy on supermarkets. Such a levy under the Sustainable Communities Act, 2007 would have to be approved by the Secretary of State.

This type of levy, if introduced, could not be restricted to supermarkets alone and would have to apply to all large format stores with a Rateable Value of £500,000 or more, for example, department stores. At least 27 Southampton businesses, mostly in West Quay or the city centre, would be affected by such a proposal.  The 8.5% levy could be a disincentive for large retail operators to be attracted to Southampton or to remain through periods of difficult trading. It could also make it more difficult to establish future Business Improvement Districts as these are also levy funded at 1-2% of Rateable Value.

Supermarkets provide a popular service to many Southampton residents, both in the city centre and in our main district centres. They are also significant employers of local people and in the case of Morrisons are playing an important role in two regeneration projects in the City, at  ...  view the full minutes text for item 68.

(a)  Councillor Letts to move

Council notes the cost both in financial and social terms of the late night economy in the City Centre.

Council requests the Head of Legal, HR and Democratic Services begin the process of statutory consultation required prior to Council deciding whether to bring in a Late Night Levy. This Levy should it be brought in would be used to contribute towards the costs of keeping those using the night time economy safe.

(b)  Councillor Moulton to move

This Council notes that it is contrary to the general duty under s120 of the Road Traffic Regulation Act 1994 to raise on street parking charges for the sole intended purpose of helping to close the Council’s budget gap.  Council further notes that last year the on street parking account generated a surplus of over £1m and that over a quarter of this was not even spent in 2012/13.  Furthermore Council notes that the accumulated surplus for the on street parking account was over £1.7m as of 1^st April 2013.

In light of this and the overwhelming public hostility to increases in residents’ parking charges and night time parking charges, and the fact they will hit both struggling families and businesses, Council calls on the Executive to abandon both of these tax increases. 

NOTE:  This motion has been submitted under Council Procedure Rule 16 as this is a motion to rescind a decision made at the Annual General Meeting on 15^th May 2013 (ie the past six months) and as required, the notice of motion has been signed by one third of the Members of the Council. 

(c)  Councillor Hannides to move

Following the recent commencement of works to build the Arts Complex, the Council acknowledges the positive and constructive approach taken by the Executive in facilitating the delivery of the next phase of the city's flag ship cultural quarter development.

The Council notes there are substantial capital pressures that support the development of the Arts Complex and further resolves to urge the Executive to raise much needed funds through the sale of high value items from the city council’s art collection. In so doing it should also be guided by the following principles:

·  De-accessioning is compliant with the terms of the relevant Bequests.

·  The items do not form part of the Gallery’s core collection as presently defined.

·  The Gallery’s national collection status is retained.  

(d)  Councillor Morrell to move

 This Council deplores the dire financial straits into which it has been driven by the government’s cuts in local authority funding. Before even last year’s budget the Leader of the Council, Councillor Simon Letts described the axing of services and jobs as equivalent to "removing limbs", and now the council is confronted with making even more cuts amounting to £60 million over the next three years on top of the £57 million cut over the last three years.

This Council rejects the government’s argument for cutting local authority spending. It is the bankers and  ...  view the full agenda text for item 69.

(a)  Late Night Levy

Councillor Letts moved and Councillor Kaur seconded:-

“Council notes the cost both in financial and social terms of the late night economy in the City Centre.

Council requests the Head of Legal, HR and Democratic Services begin the process of statutory consultation required prior to Council deciding whether to bring in a Late Night Levy. This Levy should it be brought in would be used to contribute towards the costs of keeping those using the night time economy safe.”

UPON BEING PUT TO THE VOTE THE MOTION WAS DECLARED CARRIED

RESOLVED that the motion be approved.

(b)  On Street Parking Charges

Councillor Moulton moved and Councillor Smith seconded:-

“This Council notes that it is contrary to the general duty under s120 of the Road Traffic Regulation Act 1994 to raise on street parking charges for the sole intended purpose of helping to close the Council’s budget gap.  Council further notes that last year the on street parking account generated a surplus of over £1m and that over a quarter of this was not even spent in 2012/13.  Furthermore Council notes that the accumulated surplus for the on street parking account was over £1.7m as of 1^st April 2013.

In light of this and the overwhelming public hostility to increases in residents’ parking charges and night time parking charges, and the fact they will hit both struggling families and businesses, Council calls on the Executive to abandon both of these tax increases.”

Amendment moved by Councillor Turner and seconded by Councillor Vinson:-

Second paragraph, third line delete “both of these tax increases”

Second paragraph, third line after “Council calls on the Executive to abandon “ insert “'charging for the first permit in Residents' Parking Zones and modify the proposed evening parking charges to £1 for any period between 6.00p.m. and 8.00a.m.”

AMENDED MOTION TO READ

“This Council notes that it is contrary to the general duty under s120 of the Road Traffic Regulation Act 1994 to raise on street parking charges for the sole intended purpose of helping to close the Council’s budget gap.  Council further notes that last year the on street parking account generated a surplus of over £1m and that over a quarter of this was not even spent in 2012/13.  Furthermore Council notes that the accumulated surplus for the on street parking account was over £1.7m as of 1^st April 2013

In light of this and the overwhelming public hostility to increases in residents’ parking charges and night time parking charges, and the fact they will hit both struggling families and businesses, Council calls on the Executive to abandon 'charging for the first permit in Residents' Parking Zones and modify the proposed evening parking charges to £1 for any period between 6.00p.m. and 8.00a.m.”

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED LOST

UPON BEING PUT TO THE VOTE THE MOTION AS SUBMITTED WAS DECLARED LOST

RESOLVED that the motion be not approved.

(c)  The Arts Complex

Councillor  ...  view the full minutes text for item 69.

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.

The following changes were noted:-

(i)  Councillor Laming was being replaced by Councillor Whitbread on the Licensing Committee; and

(ii)  Councillors Daunt and Parnell were being replaced by Councillors Claisse and Les Harris on Scrutiny Panel A.

Report of the Director of Corporate Services seeking comments on recommendations to changes to the Council's Constitution, attached.

The report of the Director of Corporate Services was submitted seeking approval for changes to the Council’s Petition Scheme.

RESOLVED

(i)  that the changes to the Constitution as set out in the report be approved; and

(ii)  that the Head of Legal and Democratic Services be authorised to make changes to the Council’s Petition Scheme.

Report of the Head of Legal, HR and Democratic Services recommending to Council to delegate the function to the Licensing Committee, attached. 

The report of Head of Legal and Democratic Services was submitted concerning the Scrap Metal Dealers Act 2013 and scrap metal dealer licensing.

RESOLVED that the function of registration of scrap metal dealers be delegated to the Licensing Committee once the power to do so has become available.

Report of Cabinet Member for Children Services, seeking approval to refurbish 315 Coxford Road for the Integrated Family Assessment and Intervention Service, attached.

Report of the Cabinet Member for Children’s Services was submitted concerning the refurbishment of 315 Coxford Road.

RESOLVED that in accordance with Financial Procedure Rules, to add a sum of £247,000, funded from Council resources, to the Children’s Services Capital Programme for works at the 315 Coxford Road.

Report of the Leader of the Council, outlining plans to dispose of the former Oakland’s School sites and associated site and plans to reopen the swimming pool, attached.

The report of the Leader of the Council was submitted concerning the disposal of three development sites in Lordshill related to the refurbishment works at the Oaklands Pool.

RESOLVED that in accordance with Financial Procedure Rules, to add an additional sum of £412,000 to the Economic Development and Leisure Capital programme for refurbishment works at Oaklands swimming pool to be funded from Council resources.

To move that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential appendix to the following Item

Confidential Appendix 1 contains information deemed to be exempt from general publication by virtue of category 3 to paragraph 10.4 of the Councils Access to Information Procedure Rules as contained in the Constitution. Publication of this information may be to the Council’s financial detriment

RESOLVED that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential appendix to the following matter.

Confidential appendix 1 contains information deemed to be exempt from general publication based on Category 3 of paragraph 10.4 of the Council’s Access to Information Procedure Rules.

It is not in the public interest to disclose this information because publication of this information may be to the Council’s financial detriment.

Report of the Cabinet Member for Housing and Sustainability, detailing considerations relating to a district energy scheme in Thornhill, attached.

The report of the Cabinet Member for Housing and Sustainability was submitted concerning the next phase of the Thornhill District Energy Scheme.

RESOLVED

(i)  That the financial recommendations set out in the confidential appendix to the report to deliver a district energy scheme, insulation and other associated measures for the suitable homes in Thornhill be approved; 

(ii)  That authority be delegated to the Director, Place, after consultation with the Head of Legal and Democratic Services to enter into negotiations with the preferred Energy Company Obligation delivery partner to design and build a suitable scheme that represents the best value for the respective residents of Thornhill, and for the Council;

(iii)  That authority be delegated to the Director Place, after consultation with Chief Financial Officer, the Director of Corporate Services, Head of Housing Services and the Cabinet Members for Resources and Housing and Sustainability, to review the progress with the resolutions of the risks identified in this report and take a final decision whether to proceed with the scheme or whether a further report should be submitted to Cabinet or Council as appropriate; and

(iv)  That subject to the outcome of recommendation (iii) above that authority be delegated to the Head of Legal and Democratic Services to agree and sign the relevant contracts and; to delegate authority to the Director ,Place, after consultation with the Head of Legal and Democratic Services to take any other action necessary to implement the scheme.

Report of the Head of Finance and IT regarding the Treasury Management Strategy and Prudential Limits Mid Year review, attached.  

Report of the Head of Finance and IT (Chief Financial Officer) was submitted concerning the review of the indicators that relate to the Treasury Management Strategy.

RESOLVED

(i)  That any changes to the Council’s Prudential Indicators as detailed within the report be approved;

(ii)  That delegated authority be continued to the Chief Financial Officer, following consultation with the Cabinet Member for Resources, to approve any changes to the Prudential Indicators or borrowing limits that would aid good treasury management.  For example increase the percentage for variable rate borrowing to take advantage of the depressed market for short term rates.  Any amendments to be reported as part of quarterly financial and performance monitoring and in revisions to this strategy;

(iii)  That it be noted that the continued proactive approach to Treasury Management has led to reductions in borrowing costs and safeguarded investment income; and

(iv)  That the action taken in response to the down rating of the Authority’s Bankers, (the Co-operative Bank), as set out in more detail in Confidential Appendix 1 to the report be noted.

To move that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential report to the following Item

The confidential report contains information deemed to be exempt from general publication based on Category 3 of paragraph 10.4 of the Council’s Access to Information Procedure Rules. .  It is not in the public interest to disclose this because this information relates to the project costs and commercial contracts between third parties which are commercially sensitive.

RESOLVED that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential appendix to the following matter.

The confidential report contains information deemed to be exempt from general publication based on Category 3 of paragraph 10.4 of the Council’s Access to Information Procedure Rules.

It is not in the public interest to disclose this information because this information relates to the project costs and commercial contracts between third parties which are commercially sensitive.

Confidential report with respect to Southampton’s New Arts Complex outlining an urgent decision made by the Chief Executive in accordance with the Council’s Constitution.

Confidential report of the Chief Executive was submitted concerning the decision relating to Southampton’s New Arts Complex, which had been made to ensure that the project progressed in line with Arts Council funding commitments.

RESOLVED

(i)  That the decisions taken by the Chief Executive on 21^st October 2013 using powers under 1.1.3 (e) of the Officer Scheme of Delegation and the reasons for taking them, be noted;

(ii)  That it be noted that since the Chief Executive’s decision, the required stopping up order was granted by the  Magistrate’s court on November 5^th and that registration of this title has been confirmed by the  Land Registry. This  now enables  the Council to prove clean title to Grosvenor; and

(iii)  That authority be delegated to the Chief Financial Officer to draw down a sum of up to £100k from contingencies should funding be required to fund either the Pre-Let issue or the Sewer issue set out in the report

Report of the Cabinet Member for Economic Development and Leisure Services, seeking approval for matters relating to the Watermark West Quay site and the Regional Growth Fund, attached.

Report of the Cabinet Member for Economy and Leisure was submitted concerning Watermark WestQuay and the Regional Growth Fund.

RESOLVED

(i)  That approval be delegated to the Chief Financial Officer to enter into an agreement with the Secretary of State for Business, Innovation and Skills to receive Regional Growth Fund (RGF) grant to unlock the regeneration of Watermark WestQuay and for the Council to act as Lead Accountable Body;

(ii)  That if the application is successful, to accept the grant set out in the Confidential Appendix 1 to the report, from the Regional Growth Fund;

(iii)  That in accordance with Financial Procedure Rules, to add a sum set out in Confidential Appendix 1 to the report, to the Economic Development & Leisure capital programme for the regeneration of Watermark WestQuay;

(iv)  That in accordance with Financial Procedure Rules, to approve capital expenditure in 2014/15 and as set out in Confidential Appendix 1 to the report from the Economic Development & Leisure capital programme to award a capital grant for the regeneration of Watermark WestQuay; and

(v)  That approval be delegated to the Director of Environment & Economy to enter into a grant agreement with Hammerson to distribute RGF resources for the Watermark WestQuay scheme and to take all ancillary actions to give effect to this resolution.

Report of the Leader of the Council, seeking approval for a proposed contract extension of the Strategic Service Contract, attached.

The report of the Leader of the Council was submitted seeking approval for a proposed contract extension of the Strategic Service Contract.

RESOLVED

(i)  That the Consultation process that was followed as outlined in paragraph 59 and Appendix 4 of the report be noted;

(ii)  That the Equality and Safety Impact Assessment process that was followed as set out in paragraph 60 and Appendix 3 of the report be noted;

(iii)  That the extension of the SSP contract with Capita Business Services Limited be approved as a Policy Framework decision, for five years, so that its expiry date becomes 30 September 2022 (extended from 30 September 2017), subject to the changes to the contract described in the report being made simultaneously, (except for that relating to sub-£100,000 spend being brought within the Procurement Services).

(iv)  That the Executive be recommended to implement the Policy Framework decision to extend the SSP contract by five years;

(v)  That the introduction of an IT Development Reserve to smooth the cost of future capital expenditure needed to maintain the desktop estate and associated hardware on an ongoing basis, thereby enabling effective planning to be undertaken over the medium term be approved;

(vi)  That the introduction of a Pension Reserve to manage expenditure associated with employers’ pension contributions payable to the Hampshire Pension Fund for TUPE staff over the term of the contract and smooth the impact on the General Fund revenue budget in any one year be approved;

(vii)  That the governance arrangements set out in Appendix 2 to the report (in so far as they are matters for Full Council) be approved;

(viii)  That it be noted that the changes made during final negotiations as set out in Appendix 1 to the report, have taken into account the recommendations of Overview and Scrutiny Management Committee which met on 16 October 2013.

(ix)  That the Director of Corporate Services, together with the Chief Financial Officer and the Head of Legal and Democratic Services be granted delegated authority to take any further action necessary to give effect to the decisions of Full Council in relation to this matter; and

(x)  That these decisions would form an addendum to the Council’s Policy Framework be noted.