Venue: Council Chamber - Civic Centre. View directions
Contact: Sandra Coltman 023 8083 2430
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election of mayor Minutes: RESOLVED upon the motion of Councillor Rayment, seconded by Councillor Smith and supported by Councillor Vinson, that Councillor Burke be elected to the Office of 790th Mayor of Southampton and Chair of the Council for the ensuing year.
The Mayor (Councillor Burke) then made and subscribed to the Declaration of Acceptance of Office.
THE MAYOR (COUNCILLOR Burke) IN THE CHAIR
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MAYOR'S CHARITIES Minutes: The Mayor announced that he would be supporting Two Saints and Headway charities during his term of office.
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appointment of Sheriff Minutes: RESOLVED upon the motion of Councillor Fitzhenry, seconded by Councillor Payne and supported by Councillor Vinson, that Councillor White be appointed the 575th Sheriff of the City of Southampton and Vice-Chair of the Council for the ensuing year.
The Sheriff (Councillor White) then made and subscribed to the Declaration of Acceptance of Office.
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VOTE OF THANKS TO RETIRING MAYOR Minutes: RESOLVED upon the motion of Councillor Smith, seconded by Councillor Kaur and supported by Councillor Vinson, that the Council places on record its appreciation for the distinguished manner in which Councillor Matthews had discharged the duties of the Mayor of the City during the period of his term of office.
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Southampton business success awards 2012 Minutes: RESOLVED upon the motion of the Mayor (Councillor Burke) and seconded by the Sheriff (Councillor White) that the Southampton Business Success Award be presented to Jamie Green and Marion Hillcrest from Hillcrest Construction Company.
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Presentation of Medals to Retiring Councillors Minutes:
RESOLVED upon the motion of the Mayor (Councillor Burke) and seconded by the Sheriff (Councillor White), that medals be presented to former Councillors Ball, Cappozzoli, Drake, Fitzgerald, Fuller, Holmes, Jones, Matthews, Osmond, Walker, Wells, Willacy and Phil Williams in recognition of their service to the City Council.
AT THE RECONVENED MEETING OF THE SOUTHAMPTON CITY COUNCIL HELD IN THE COUNCIL CHAMBER, CIVIC CENTRE ON 16TH MAY, 2012
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Apologies To receive any apologies. Minutes: It was noted that no apologies had been received.
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To authorise the signing of the minutes of the Council Meeting held on 14th March 2012, attached. Minutes: RESOLVED that the minutes of the Council Meeting held on 14th March, 2012 be approved and signed as a correct record.
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Announcements from the Mayor Matters especially brought forward by the Mayor Minutes: (i) Members stood for a moment’s silence in remembrance of Celia Fraser, a former colleague and supportive and loyal Member of staff.
(ii) The Mayor thanked all Members for their support in electing him as Mayor. In order for the meeting to run efficiently and effectively, he asked Members to keep in mind throughout the year the basic courtesies needed to be adhered to for this to happen; timeliness both in arriving at the meeting and when speaking; speaking to the point, and listening carefully to the arguments. He also asked Members to remember the courtesies they would like from members when they were speaking and to extend those to others.
(iii) The Mayor announced he would be undertaking a trial (for about 6 months) on the use of mobile electronic devices in the Chamber and in Committee Meetings.
The Mayor would retain the right to vary this, without notice, if he considered it was being abused and vested the same right in the Chairs of Committees and Sub-Committees.
For the trial period, he proposed that handheld electronic devices (including laptops, phones, IPADs etc) might be used in the Council Chamber, provided they were silent and used in a way that did not impair decorum. Members making speeches in the Council Chamber or in any committee meeting may refer to electronic devices in place of paper speaking notes. Electronic devices may be used silent in the Chamber and in committee meetings, but the restrictions on using cameras/recording equipment, or on any electronic device ringing remained in place.
In terms of usage, social media and activities such as “twittering”, the Mayor indicated that he would not nor would any Chair of a Committee be policing tweeting. The Mayor / Chair would not be expected to respond on allegations that inappropriate as compared to appropriate tweeting had or was taking place. Instead, he urged Members to use their good sense and behave with courtesy, particularly in not tweeting messages which would otherwise be in breach of our rules or the law. For example, tweeting material discussed in confidential session would be a serious breach.
The Mayor finally reminded members to switch to silent all electronic mobile devices including their mobile phones and that any noises such as ringing would incur an instant fine.
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Election of the Leader Minutes: The nomination of Councillor Dr. Williams was moved and seconded.
UPON BEING PUT TO THE VOTE IT WAS:
RESOLVED that Councillor Dr. Williams be elected as Leader of the Council for the ensuing year.
Following his election as Leader, Councillor Dr. Williams informed the Council of his Cabinet and their Portfolio responsibilities.
Deputy Leader – Councillor Rayment Adult Services – Councillor Stevens Children’s Services - Councillor Bogle Communities – Councillor Rayment Efficiency and Improvement - Councillor Morrell Environment and Transport – Councillor Thorpe Housing and Leisure Services – Councillor Payne Resources - Councillor Letts The Leader then circulated details of the contents of each of the Portfolios and announced that these would be incorporated into the scheme of Executive Delegation in the Constitution (copy appended to signed minutes).
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Localism Act - Revised Standards Arrangements Report of the Head of Legal, HR and Democratic Services detailing changes to the standards regime brought about by the Localism Act 2011, attached. Additional documents: Minutes: The report of the Head of Legal, HR and Democratic Services was submitted detailing changes to the standards regime brought about by the Localism Act 2011 (copy of report circulated with the agenda and appended to signed minutes).
RESOLVED:
(i) That delegated authority be granted to the Head of Legal, HR and Democratic Services to:-
(a) Prepare a Code of Conduct based upon a draft that is currently being prepared by the Association of Council Secretaries and Solicitors (ACSeS) and that this is considered by the Standards and Governance Committee prior to it being presented to Council for adoption; (b) advertise for and appoint two Designated Independent Persons; (c) appoint two independent co-opted members from the current appointees to serve on the proposed Governance Committee on standards issues only from 1st July 2012.
(ii) That once the new standards regime comes into force:
(a) the role of the current Audit Committee be extended to one of overall governance to be called the “Governance Committee” in accordance with the draft terms of reference, as attached at appendix 1 to the report and from which (i) Standards Sub- Committee and (ii) Standards Appeals Sub-Committee be formed; (b) that both the Standards and Appeals Sub-Committees consist of three Members, politically balanced, together with one co-opted and non voting independent member (as (c) above) to deal with any Code of Conduct issues that may be referred to it by the Monitoring Officer and that they have the terms of reference as attached at appendix 2 to the report; (c) that delegated authority be granted to the Monitoring Officer, after consultation with a Designated Independent Person, to where appropriate (i) determine whether a complaint in relation to Member misconduct merits formal investigation (ii) refuse to accept complaints that are trivial, vexatious, repetitive or political and at his discretion to refer such decisions on investigation to the Standards Sub-Committee (iii) agree local settlements; (d) delegate to both the Standards and Appeals Sub-Committees power to take such actions as it lawfully can in respect of a Member who is found to have failed to comply with the Code of Conduct; (e) delegates to both the Monitoring Officer and Standards Sub- Committee the authority to grant dispensations under the Act; (f) that the Designated Independent Persons be paid an annual retainer of £645.00 each and that this be reviewed and agreed after the first year of operation by the Head of Legal, HR and Democratic Services after consultation with the Leader of the Council; (g) that the current Code remain in place until a revised code of conduct is adopted by Council; and
(iii) That once further clarification has been received regarding the remaining detail of the revised standards regime including the role of the Designated Independent Person, a further report is presented setting out the position relating to that appointment.
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Hampshire Police and Crime Panel - Panel Arrangements Report of the Head of Legal, HR and Democratic Services seeking approval for the arrangements of the Hampshire Police and Crime Panel, attached. Additional documents: Minutes: The report of the Head of Legal, HR and Democratic Services was submitted seeking approval for the arrangements of the Hampshire Police and Crime Panel (copy of report circulated and appended to signed minutes).
RESOLVED:
(i) That the recommended terms on which the Police and Crime Panel should be established be endorsed; (ii) That subject to resolution (iii) below, the Panel arrangements in Appendix 1 to the report be approved; (iii) That the Head of Legal, HR and Democratic Services be granted delegated authority to agree any further minor amendments to the Panel arrangements necessary to ensure statutory compliance, once the Home Secretary’s regulations and guidance have been published; (iv) That a member be appointed as the Council’s Appointed Member to serve on the Panel; and (v) That a member be identified to act as “Deputy Member” and, where the Appointed Member is temporarily unable to attend a Panel meeting or otherwise undertake Panel business, the Head of Legal, HR and Democratic Services be authorised to give notice of temporary change of membership for a period of up to 28 days, to enable the Deputy Member to deputise in the Appointed Member’s absence. |
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Changes to the Constitution Report of theHead of Legal, HR and Democratic Services, seeking approval for changes to the City Council’s Constitution, attached.
Additional documents:
Minutes: The report of theHead of Legal, HR and Democratic Services, was submitted seeking approval for changes to the City Council’s Constitution (copy of report circulated with the agenda and appended to signed minutes).
Amendment moved by Councillor Letts and seconded by Councillor Dr Williams:
Add Additional Recommendation (iv)
(iv) in relation to financial decisions all expenditure over £125,000 shall be made by the relevant Cabinet Member, over £250,000 by the Cabinet and £2,000,000 by full Council except in respect of matters identified in (v) below.
Specifically in relation to the Financial Procedure Rules Cabinet Member/Cabinet authority will be required for the following:-
Virements and Grant Income
A10 (iii) – The virement limit shall be reduced from £200,000 to £125,000 A10 (iv) – One off virement limit reduced from £200,000 to £125,000 A10 (v) – Cumulative total of virements limited to £125,000 A12 – Acceptance of grant income limited reduced from £500,000 to £125,000 A14 (iii) – The virement limit shall be reduced from £200,000 to £125,000 A14 (iv) – One off virement limit reduced from £200,000 to £125,000 A14 (v) – Cumulative total of virements limited to £125,000
Capital Programme
B25– External funding sums added to capital schemes reduced from £500,000 to £200,000 B28 – Internal funding sums added to capital schemes reduced from £200,000 to £125,000 B32 (i) – Approval of capital schemes reduced from £200,000 to £125,000 B 32 (ii) – Approval of capital schemes reduced from £500,000 to £125,000 B35 – Transfers between capital schemes reduced from £200,000 to £125,000 B36 – Transfers between capital schemes reduced from £500,000 to £125,000
HRA Business Plan
B58 – Change in the annual business plan surplus in any one year reduced from £200,000 to £125,000. B59 – Change in the annual business plan surplus in any one year reduced from £500,000 to £125,000.
External Arrangements
E15 – Increase of externally funded revenue activity reduced from £500,000 to £125,000
Specifically in relation to the Officer Scheme of Delegation Cabinet Member/Cabinet authority will be required for the following:-
1.2.54(b) – Spend within budget and business plans over £50,000 2.2.13 – Externally funded grant agreements over £50,000 2.2.68 – Settlement of any claim over £125,000 2.4.29 – Write off of any debt over £125,000 2.7.11 – Acceptance of any IT contract other than the lowest tender over £125,000 2.8.15 – Agree terms of sale of land over £125,000 2.8.21 – Variation of terms of leases etc over £125,000 2.8.22(f) - Variation of ground lease premiums over £125,000 2.8.24(b) – Exchange of land where premium is over £125,000 2.8.26 – Expenditure on alterations to land over £125,000 2.8.32 – Acceptance of tenders for land disposal over £125,000 2.8.38 – Acquisition of land interests over £125,000 2.8.42 – To agree dilapidations over £125,000 4.1.30 - Acting as Accountable Body for external grant funding over £125,000
Add Additional Recommendation (v)
(v) the revised delegations will not apply to payments made under contracts, statutory obligations, property ... view the full minutes text for item 13. |
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Appointments to committees, sub-committees and other bodies Minutes: RESOLVED that subject to certain decisions that may, from time to time be made by the Council, the following Committees, Sub-Committees and other bodies be appointed with the allocation of seats to political groups shown therein and they be delegated authority to act within their Terms of Reference.
(a) APPOINTMENT OF MEMBERS
1) Appointment to Committees / Sub-Committees and other Bodies NOT subject to political proportionality and therefore not included in the above calculations.
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Calendar of meetings To approve the following dates for meetings of the Council in the 2012/13 Municipal Year:
11th July 2012 12th September 2012 14th November 2012 13th February 2013 (Budget) 20th March 2013 15th May 2013 Minutes: RESOLVED that the following dates for meetings of the Council in the 2012/13 Municipal Year be approved:
11th July 2012 12th September 2012 14th November 2012 13th February 2013 (Budget) 20th March 2013 15th May 2013
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Deputations, Petitions and Public Questions To receive any requests for Deputations, Presentation of Petitions or Public Questions. Minutes: It was noted that no requests to present deputations, petitions or public questions had been received. |
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Report of the Leader of the Council, attached. Additional documents: Minutes: The report of the Leader of the Council was submitted, setting out the details of the business undertaken by the Executive (copy of report circulated with agenda and appended to signed minutes).
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. Southampton Schools
Question from Councillor Moulton to Councillor Bogle
Can the Cabinet Member please outline the new Administration’s policies for Southampton Schools?
Answer
Education is critical for the city and its citizens’ future prosperity, growth and wellbeing. Some of our key policy principles include - Increasing aspiration and attainment in all our schools - Celebrating progress and achievement - Collaboration and sharing of best practice across city schools - Looking outside the city for examples of best practice to learn from - Focus support on the proven triggers for schools improvement, namely leadership and teaching Our manifesto states a number of key areas of attention, including how to improve the level of attendance in schools (with reference to the recent Scrutiny inquiry), reverse the loss of children to schools outside Southampton at Year 7 and using schools as ‘community hubs’ for a number of shared public services.
Question from Councillor Hannides to Councillor Dr Williams
Following the very successful opening of Guildhall Square last year and the impressive launch of SeaCity Museum last month, will the Leader confirm whether the emerging cultural quarter remains a priority for the new Executive?
Answer
There is no reason to change Council policy in this area.
Question from Councillor Moulton to Councillor Stevens
Can the Cabinet Member outline any new budget pressures in Adult Social Care he intends to commit to this municipal year, over and above those set out in the 2012/13 revenue budget approved by full council in February?
Answer
No
Question from Councillor Moulton to Councillor Bogle
Will the Cabinet Member commit to keeping open all of Southampton’s Sure Start centres?
Answer
Yes, I can currently see no circumstances where we would consider closing any of Southampton's Sure Start centres.
Question from Councillor Moulton to Councillor Dr Williams
Which areas of council expenditure will be the highest priority for the new Administration?
Answer
Our priorities are included in the Labour Party’s manifesto and this has been sent to all Members.
Question from Councillor Claisse to Councillor Dr Williams
Will the Leader continue to consider the relative advantages of outsourcing Council service provision and functions to the private sector, or are they ideologically opposed to such arrangements?
Answer
Yes, we will consider all options and keep an open mind as opportunities arise.
Question from Councillor Fitzhenry to Councillor Dr Williams
Can the Leader reconfirm his manifesto commitment that no one will be made redundant under his administration?
Answer
No such manifesto commitment is stated. What the manifesto includes is that : We will do ... view the full minutes text for item 17. |
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Motions (a) Councillor Vinson to move: -
This Council urges the Executive to bring forward at the earliest opportunity costed proposals for the establishment of a Local Authority Trading Company or equivalent to deliver adult social care services in the first instance. Minutes: (a) Establishment of a Local Authority Trading Company
Councillor Vinson moved and Councillor Turner seconded: -
“This Council urges the Executive to bring forward at the earliest opportunity, costed proposals for the establishment of a Local Authority Trading Company or equivalent to deliver adult social care services in the first instance”.
Amendment moved by Councillor Stevens and seconded by Councillor Laming:
Delete from the second line “costed” and replace with “a variety of in depth”
Delete from the end of the third line “to deliver adult social care services” and replacewith “delivery vehicle, in order to deliver adult social care services,”
AMENDED MOTION TO READ:
This council urges the Executive to bring forward at the earliest opportunity a variety of in depth proposals for the establishment of a Local Authority Trading Company or equivalent delivery vehicle, in order to deliver adult social care services, in the first instance.
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.
NOTE: Councillor Noon declared a prejudicial interest in the above matter, in view of his employment within Adult Social Care and left the meeting during consideration of the matter.
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Questions from Members to the Chairs of Committees or the Mayor To consider any question of which notice has been given under Council Procedure Rule 11.2. Minutes: It was noted that no questions to the Chairs of Committees or the Mayor had been received.
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Annual Standards and Governance Business review Report of the Chair of the Standards and Governance Committee giving an overview of the work of the Standards and Governance Committee from May 2011 to April 2012, attached.
Minutes: RESOLVED that the report of the Chair of Standards and Governance Committee giving an overview of the work of the Committee be received and noted (copy of report circulated with agenda and appended to signed minutes).
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City Council Elections 2012 Report of the Returning Officer detailing the results of the City Council elections on 3rd May 2012, attached. Minutes: RESOLVED that the report of the Returning Officer concerning the results of the City Council Elections 2012 be received and noted (copy of report circulated at the meeting and appended to signed minutes.)
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Overview and Scrutiny - summary of call-in activity a OVERVIEW AND SCRUTINY: SUMMARY OF CALL- IN ACTIVITY
Report of the Director of Economic Development summarising the use of the Call-in procedure over the last six months.
b OVERVIEW AND SCRUTINY: ANNUAL REPORT 2011 / 2012
Report of the Chair of Overview and Scrutiny Committee detailing the Annual Report 2011 / 2012 in accordance with the Council’s Constitution. Minutes: RESOLVED that it be noted that the report of the Director of Economic Development summarising the use of the call-in procedure over the last three months would be submitted to the July Council meeting.
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overview and scrutiny:annual report 2011/2012 Minutes: RESOLVED that it be noted that the report of the Chair of Overview and Scrutiny Committee detailing the Overview and Scrutiny Management Committee Annual Report 2011/12 in accordance with the Council’s Constitution be submitted to the July Council meeting.
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Local Authority Mortgage Scheme Report of the Cabinet Member for Housing regarding the Local Authority Mortgage Scheme, attached. Additional documents:
Minutes: The report of the Cabinet Member for Housing was submitted regarding the Local Authority Mortgage Scheme (copy of report circulated with the agenda and appended to the signed minutes).
Amendment moved by Councillor Letts and seconded by Councillor Payne: At the end of Recommendation (i) Add“subject to the approval of the final scheme by the Executive Members for Housing and Leisure Services and Resources.” Delete Recommendation (v) “That the Cabinet Member for Housing brings a further Executive report to Cabinet and Council once the pilot funding is exhausted, to allow evaluation of the pilot, and consideration of a wider scheme.” AMENDED RECOMMENDATIONS TO READ: (i) That the Council adopt the Lend a Hand Mortgage scheme as an initial pilot scheme subject to the approval of the final scheme by the Executive Members for Housing and Leisure Services and Resources. (ii) The Lend a Hand Mortgage Scheme not to be implemented until the Director of Corporate Services is satisfied as to the lawfulness of the scheme. (iii) To operate outside of current Council Treasury Policy to allow money to be placed on deposit for an initial fixed period of 5 years. The investment of £1 million would be deposited with Lloyds TSB to potentially underwrite a minimum of 40 deposits for First Time Buyers. (iv) The maximum value of any loan under the scheme is set at £118,750. (v) That the Council indemnify the Monitoring Officer against all personal liability he will incur by providing Lloyds Bank with an opinion and by providing Lloyds Bank with a signed opinion letter. (vi) That the qualifying post codes will include all post codes within the LA boundary area and will exclude any that cross the boundary into a neighbouring authority. The qualifying post codes will be provided to the lender(s) in a schedule to the indemnity deed. (vii) To delegate authority to the Director for Economic Development to enter into agreements with any financial institution pursuant to Sections 435 and 442 of the Housing Act 1985 in furtherance of the scheme and in consultation with the Director of Corporate Services. UPON BEING PUT TO THE VOTE THE AMENDMENT WAS
DECLARED CARRIED
RESOLVED: (i) That the Council adopt the Lend a Hand Mortgage scheme as an initial pilot scheme subject to the approval of the final scheme by the Executive Members for Housing and Leisure Services and Resources. (ii) The Lend a Hand Mortgage Scheme not to be implemented until the Director of Corporate Services is satisfied as to the lawfulness of the scheme. (iii) To operate outside of current Council Treasury Policy to allow money to be placed on deposit for an initial fixed period of 5 years. The investment of £1 million would be deposited with Lloyds TSB to potentially underwrite a minimum of 40 deposits for First Time Buyers. (iv) The maximum value of any loan under the scheme is set at £118,750 ... view the full minutes text for item 24. |
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Exclusion of the Press and Public - Confidential Papers Included in the Following Item 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 1 to the following item.
Appendix 1 is considered to be confidential, the confidentiality of which is based on Category 3 of paragraph 10.4 of the Council’s Access to Information Procedure Rules. The appendix includes details of a proposed transaction which, if disclosed prior to entering into a contract, could put the Council at a commercial disadvantage in the future. In applying the public interest test it is not considered appropriate to make public offers made as this could lead to a revision of bids. Therefore, publication of this information could be to the Council’s financial detriment.
Minutes: 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 1 to the following minute.
Appendix 1 is considered to be confidential, the confidentiality of which is based on Category 3 of paragraph 10.4 of the Council’s Access to Information Procedure Rules. The appendix includes details of a proposed transaction which, if disclosed prior to entering into a contract, could put the Council at a commercial disadvantage in the future. In applying the public interest test it is not considered appropriate to make public offers made as this could lead to a revision of bids. Therefore, publication of this information could be to the Council’s financial detriment.
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Townhill Park Regeneration Framework : Financial Model and Phase 1 Capital Expenditure Report of the Cabinet Member for Housing seeking approval for the regeneration proposals for the regeneration framework for Townhill Park, attached. Additional documents:
Minutes: Upon the motion by Councillor Letts and Seconded by Councillor Payne, the report of the Cabinet Member for Housing seeking approval for the regeneration proposals for the regeneration framework for Townhill Park, be withdrawn. (copy of report circulated with agenda and appended to signed minutes).
RESOLVED that the report of the Cabinet Member for Housing seeking approval for the regeneration proposals for the regeneration framework for Townhill Park, be withdrawn.
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