Meeting documents

The Council
Thursday, 28th February, 2013 6.30 pm

Economic & Environmental Scrutiny Minutes

Date:
Thursday, 31st January, 2013
Time:
18:30
Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
727 Apologies and substitutions.
 An apology for absence was received from Councillor I T Robertson.
728 Declarations of interest.
 The following declarations of interest were made:-

(a) Councillors Holdcroft, Cox, J Garston, Jarvis and Moring (Executive Councillors) - interest in the pre-Cabinet scrutiny/referred items; attended pursuant to the dispensation agreed at Council on 19th June 2012, under S.33 of the Localism Act 2011;

(b) Councillor Burdett - Agenda Item No. 17 (Seaway Car Park) - Non-pecuniary interest: Site is adjacent to family church;

(c) Councillor Collins - Agenda Item No. 8 (Draft Capital Programme 2013/14 to 2016/17) - Non-pecuniary interest: Governor at Heycroft Primary School;

(d) Councillor Flewitt - Agenda Item No. 11 (Draft General Fund Revenue Budget 2013/14) - Non-pecuniary interest: Is a member of a Trade Union;

(e) Councillor Gilbert - Agenda Item No. 11 (Draft General Fund Revenue Budget 2013/14) - Non-pecuniary interest: Is a member of a Trade Union and organises a chess tournament at the Civic Centre;

(f) Councillor Kelly - Agenda Item No. 15 (Petition Regarding Traffic Calming - The Fairway) - Non-pecuniary interest: Daughter lives in a property close to the vicinity.

(g) Councillor Longley - Agenda Item No. 8 (Draft Capital Programme 2013/14 to 2016/17) - Non-pecuniary interest: Governor at Southend Adult Community College

(h) Councillor Longley - Agenda Item No. 11 (Draft General Fund Revenue Budget 2013/14) - Non-pecuniary interest: Daughter is a fund raiser for Havens Hospice Tree of life.

(i) Councillor Terry - Agenda Item No. 8 (Draft Capital Programme 2013/14 to 2016/17) and Agenda Item No. 11 (Draft General Fund Revenue Budget 2013/14) - Non-pecuniary interest: Wife is a teacher

(j) Councillor Woodley - Agenda Item No. 9 (Draft Fees & Charges 2013/14) - Non-pecuniary interest: Plays bowls.
729 Questions from Members of the Public.
 There were no questions from members of the public.
730 Minutes of the Meeting held on Tuesday, 23rd October, 2012
  • Minutes
Resolved:-

That the Minutes of the meeting held on Tuesday, 23rd October 2012 be received, confirmed as a correct record and signed.
731 Minutes of the Meeting held on Thursday, 29th November, 2012
  • Minutes
Resolved:-

That the Minutes of the meeting held on Thursday, 29th November 2012 be received, confirmed as a correct record and signed.
732 Minutes of the Meeting held on Thursday, 13th December, 2012
  • Minutes
Resolved:-

That the Minutes of the meeting held on Thursday, 13th December 2012 be received, confirmed as a correct record and signed.
733 Council Tax Base and Non Domestic Rates 2013/14
Business for item 733
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 1992 (as amended by the Local Authorities (Calculation of Council Tax Base) (Amendment) (England) Regulations 2003 and Local Government Finance Act 2012 (Calculation of billing authority's council tax base Section 15):-

(a) That the Local Council Tax Support Scheme, approved by Council on 13th December 2012, be incorporated into the Council Tax base setting as outlined in Appendices A and B of the submitted report;

(b) That changes to Council Tax discounts and exemptions with effect from 1st April 2013, approved by Council on 13th December 2012, be incorporated into the Council Tax Base:-

• Second homes (Classes A and B) - will be set at 0% discount
• Long-term empty homes (Class C) - a surcharge of 50% will be set allowing a full change of 150% where they have been unoccupied for more than 2 years
• That properties undergoing structural alteration previously entitled to exemption of 100% for 12 months defined under Exemption Class A will be entitled to a 25%
discount for up to 12 months
• That properties empty and unfurnished previously entitled to 6 months exemption under Exemption Class C will be entitled to 3 months exemption at 100%

(c) That the amount calculated by the Council as its Council Tax Base for the year 2013/14 shall be 53,358.9

(d) That the amount calculated by the Council as the Council Tax Base in respect of Leigh-on-Sea Town Council for the year 2013/14 shall be 8,340.8

2. That subject to 3 below, the NDR1 form attached at Appendix C of the submitted report, be approved for submission to the DCLG.

3. That the Head of Finance and Resources, in consultation with the Leader of the Council, be authorised to make any necessary changes to the NDR1 Return before the final submission of the form."

Note:- This is an Executive Function.
Executive Councillor:- Holdcroft.
734 Draft Capital Programme 2013/14 to 2016/17
Business for item 734
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the current approved Programme for 2013/14 to 2016/17 of £67.6m, as set out in Appendix 1 of the submitted report, be noted.

2. That the proposed changes to the approved Programme, as set out in Appendix 2 of the submitted report, be endorsed.

3. That the proposed new schemes and additions to the Capital Programme for 2013/14 to 2016/17 totalling £23.8m of which £15.8m is for the General Fund and £8m is for the Housing Revenue Account, as set out in Appendices 6 and 7 of the submitted report, be noted.

4. That it be noted that the proposed additions as set out in Appendix 2 of the submitted report, and other adjustments as set out in Appendix 8 of the report, will result in a proposed capital programme of £92.8m for 2013/14 to 2016/17.

5. That it be noted that a final exercise is being undertaken on the 2012/13 projected outturn and that the results will be included in the report to Cabinet on 12th February 2013.

6. That the report be referred to the Scrutiny Committees and then Cabinet (Budget) on 12th February 2013."

Note:- This is an Executive Function, save that the approval of the final budget following Cabinet on 12th February 2013 is a Council Function.
Executive Councillor:- Holdcroft.
735 Draft Fees and Charges 2013/14
Business for item 735
Resolved:-

That the following decisions of Cabinet be noted:-

"That subject to the inclusion of the revised fees and charges for Adult and Community Services, as circulated at the meeting, the proposed fees and charges for each Directorate as set out in the submitted report be endorsed."

Note:- This is an Executive Function, save that approval of the final budget following Cabinet on 12th February 2013 is a Council Function.
Executive Councillor:- Holdcroft.
736 Update on Public Health Ring Fenced Grant Allocation and Public Health Budget Prioritisation 2013/14
Business for item 736
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the prioritised transitional public health services for 2013/14, be endorsed.

2. That it be noted that during 2013/14 the public health service will be brought into alignment with the Council's strategic objectives, in particular the Health and Wellbeing Strategy for Southend, and commissioned on that basis in time for 2014/15

3. That subject to resolution 1 above, the budget allocated to the prioritised public health service areas, identified in Appendix 1 of the submitted report, be endorsed.

4. That the conditions governing the use of the grant and formal reporting requirements, be noted.

5. That the report be referred to the Scrutiny Committees for consideration as part of the Council's Budget Process for 2013/14."

Note:- This is an Executive Function, save that the approval of the final budget following Cabinet on 12th February 2013 is a Council Function.
Executive Councillor:- Holdcroft.
737 Draft General Fund Revenue Budget 2013/14
Business for item 737
Resolved:-

That the following decisions of Cabinet be noted:-

1. "That the 2013/14 draft revenue budget and any required commencement of consultation, statutory or otherwise, be endorsed.

2. That it be noted that the budget has been prepared on the basis of the Council increasing the Southend-on-Sea element of Council Tax by 1.75% (38p per week) and the consequent rejection of the Government's Council Tax freeze grant for 2013/14.

3. That it be noted that the 2013/14 draft revenue budget has been prepared using the provisional finance settlement and that the outcome from the final settlement will need to be factored into the final budget proposals for Cabinet (Budget) and Council (Budget).

4. That it be noted, that arrangements for a discount scheme on Council Tax for Special Constables will be included in the final budget proposals.

5. That the 2013/14 draft revenue budget be referred, as approved, for the views of Scrutiny Committees to inform Cabinet (Budget), which will then recommend the Budget and Council Tax to Council (Budget).

6. That the Schools budget position be noted and that the recommendations from the Schools Forum on 9th January 2013 (set out in Appendices 14 and 14i of the submitted report) would be presented to Children and Lifelong Learning Scrutiny Committee and then to Cabinet (Budget) and Council (Budget).

7. That the direction of travel 2014/15 and beyond (Section 15 of the submitted report) and the future years savings proposals (Appendix 16 of the submitted report), be endorsed and referred to the Scrutiny Committees to inform Cabinet (Budget), which will then recommend the Budget and Council Tax to Council (Budget)."

Note:- This is an Executive Function, save that approval of the final budget following Cabinet on the 12th February 2013 is a Council Function.
Executive Councillor:- Holdcroft.
738 Review of Senior Management Arrangements
Business for item 738
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the revisions to the senior management structure set out in the submitted report, reducing the overall senior management number to 16 (excluding public health), be approved.

2. That the senior management structure would consist of the Chief Executive, three Corporate Directors and twelve Heads of Service.

3. That the Public Health function, when it is transferred to the Council, reports to the Chief Executive and comprises the Director or Public Health, one Head of Service and associated staff.

4. That the detailed allocation of functions and implementation of other arrangements be delegated to the Chief Executive, in consultation with the Leader of the Council, subject to no substantive adverse response to consultations.

5. That appropriate amendments be made to the Constitution to reflect the new senior management structure once implemented and also to redesignate the three scrutiny committees as People Scrutiny Committee (including health), Place Scrutiny Committee and Corporate Scrutiny Committee."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
739 Impact of Estuary Airport Proposal
Business for item 739
Resolved:-

That, subject to the amendment of the report to provide greater emphasis to strengthen the Council's representation and ensure a robust response to the consultation, the report be endorsed for submission to Cabinet for consideration at its meeting on 19th March 2013.

Note:- This is an Executive Function.
Executive Councillor:- Cox.
740 Monthly Performance Report end November 2012
Business for item 740
Resolved:-

That the report be noted.

Note:- This is an Executive function.
Executive Councillor:- As appropriate to the item.
741 Item called in from Cabinet Committee minutes of Thursday, 10th January, 2013.
 
Petition Regarding Traffic Calming - The Fairway
Scrutiny Comment for item 741
Business for item 741
Resolved:-

The following decisions of Cabinet Committee be noted:-

"1. That the content of the petition and the comments of officers on the issues raised be noted.

2. That the suitability of the current location of the existing speed warning sign be monitored.

3. That this location be added to the list of priority roads for the installation of the mobile variable messaging signs and that the Road Safety Education Team be requested to assist in the location of the mobile signs.

4. That no further action be taken at this time."

Note:- This is an Executive Function.
Executive Councillor:- Cox.
742 Standing Order 44.2
 During consideration of Agenda item 15, the hour of 10.00 p.m. having been reached, in accordance with Standing Order 44 the Committee agreed to continue with the remaining items of business on the Agenda.
743 Exclusion of the Public.
 Resolved:-

That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the items of business set out below, on the grounds that they involve the likely disclosure of exempt information as defined in 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.
Part II(Confidential)
744 Item called in from The Cabinet minutes of Tuesday, 8th January, 2013.
 
Seaway Car Park
  • (Attachment: 38)Report of Corporate Director Support Services
Scrutiny Comment for item 744
Business for item 744
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the principles of the Draft Heads of Terms set out at Appendix 1 of the submitted report, be approved subject to external certification for compliance with S.123 Local Government Act 1972.

2. That the Council proceed with the developer as a 'special purchaser' for the reasons as set out in Section 5 of the submitted report.

3. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services and the Group Leaders, be authorised to approve any significant variations to the Heads of Terms.

4. That the Council's powers of compulsory acquisition be applied, if necessary, to complete any land acquisition which is beneficial to the strategic delivery of the scheme.

5. That as part of the Heads of Terms, a fixed time for delivery of the proposal as well as an initial period within which the proposals need to be brought forward for consideration will be included.

6. That the Council's current annual revenue position of £277k must be retained and improved and an opportunity created to share in long-term income from the development.

7. That the leisure development would be delivered ahead of the occupancy of any residential accommodation provided."

Note:- This is an Executive Function.
Executive Councillors:- Lamb and Moring.

(In accordance with Council Procedure Rule 40.2, Councillor Wexham requested that his vote against the proposals be noted.)
745 Item called in from The Cabinet minutes of Tuesday, 8th January, 2013.
 
Pier, North End Amusements
  • (Attachment: 39)Report of Corporate Director Support Services
Scrutiny Comment for item 745
Business for item 745
Resolved:-

1. That the following decisions of Cabinet be noted:-

"1. That it be agreed to proceed on the basis of the Heads of Terms for the lease summarised at paragraph 3.8 of the submitted report and that the financial implications set out in paragraph 6.2 of the report, be endorsed.

2. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services, be authorised to approve any amendments required to the Heads of Terms provided that the principles remain the same."

2. In accordance with Council Procedure Rule 39, the matter be referred to full Council for consideration at its meeting on 28th February 2013.

Note:- This is an Executive Function.
Executive Councillor:- Moring.
746 Item called in from The Cabinet minutes of Tuesday, 8th January, 2013.
 
Elm Road Development Brief
  • (Attachment: 40)Report of Corporate Director Enterprise, Tourism and the Environment
  • (Attachment: 41)Appendix 1
  • (Attachment: 42)Appendix 2
  • (Attachment: 43)Appendix 3
Scrutiny Comment for item 746
Business for item 746
Resolved:-

That the following decisions of Cabinet be noted:-

"That the proposed draft development brief be approved in order to progress the document through to a further round of public consultation."

Note:- This is an Executive Function.
Executive Councillor: J Garston.
6.30 p.m./10.55 p.m

Attendance Details

Present:
Councillor R A Woodley Chairman),
Councillors L Burdett (Vice-Chairman), M L Borton, R A H Brown, T K Byford, A M Chalk, P M Collins, M A Flewitt, D A Garston, I D Gilbert, S J Habermel, B T Kelly, G E Longley, M Stafford, M W Terry and P A Wexham
In attendance:
Councillors T N Holdcroft, T Cox, J M Garston, D J Jarvis, A J Moring (Executive Councillors)
Councillors S T Aylen, A P Jones, J McMahon, and J G S Ware-Lane
R Tinlin, S Holland, A Lewis, A Atherton, J K Williams, J Ruffle, J Chesterton N Corrigan, D Patel, K Wright, G Green, Z Ali and T Row

Scrutiny Comment

ItemComment
741 Called in by Councillors S Aylen and M Terry.
Final call on 17/01/2013 at 10:51
Resolved:-

The following decisions of Cabinet Committee be noted:-

"1. That the content of the petition and the comments of officers on the issues raised be noted.

2. That the suitability of the current location of the existing speed warning sign be monitored.

3. That this location be added to the list of priority roads for the installation of the mobile variable messaging signs and that the Road Safety Education Team be requested to assist in the location of the mobile signs.

4. That no further action be taken at this time."

Note:- This is an Executive Function.
Executive Councillor:- Cox.
744 Called in by Councillors I D Gilbert and M L Borton.
Final call on 16/01/2013 at 09:02
Supported by G Longley, P Collins
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the principles of the Draft Heads of Terms set out at Appendix 1 of the submitted report, be approved subject to external certification for compliance with S.123 Local Government Act 1972.

2. That the Council proceed with the developer as a 'special purchaser' for the reasons as set out in Section 5 of the submitted report.

3. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services and the Group Leaders, be authorised to approve any significant variations to the Heads of Terms.

4. That the Council's powers of compulsory acquisition be applied, if necessary, to complete any land acquisition which is beneficial to the strategic delivery of the scheme.

5. That as part of the Heads of Terms, a fixed time for delivery of the proposal as well as an initial period within which the proposals need to be brought forward for consideration will be included.

6. That the Council's current annual revenue position of £277k must be retained and improved and an opportunity created to share in long-term income from the development.

7. That the leisure development would be delivered ahead of the occupancy of any residential accommodation provided."

Note:- This is an Executive Function.
Executive Councillors:- Lamb and Moring.

(In accordance with Council Procedure Rule 40.2, Councillor Wexham requested that his vote against the proposals be noted).
745 Called in by Councillors G Longley and P Collins.
Final call on 17/01/2013 at 08:52
Resolved:-

1. That the following decisions of Cabinet be noted:-

"1. That it be agreed to proceed on the basis of the Heads of Terms for the lease summarised at paragraph 3.8 of the submitted report and that the financial implications set out in paragraph 6.2 of the report, be endorsed.

2. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services, be authorised to approve any amendments required to the Heads of Terms provided that the principles remain the same."

2. In accordance with Council Procedure Rule 39, the matter be referred to full Council for consideration at its meeting on 28th February 2013.

Note:- This is an Executive Function.
Executive Councillor:- Moring.
746 Called in by Councillors G Longley and P Collins.
Final call on 17/01/2013 at 08:52
Resolved:-

That the following decisions of Cabinet be noted:-

"That the proposed draft development brief be approved in order to progress the document through to a further round of public consultation."

Note:- This is an Executive Function.
Executive Councillor: J Garston.

Business

ItemBusiness
733The Committee considered Minute 677 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with the report of the Corporate Director Support Services concerning the calculation of the Council Tax Base for 2013/14 and the submission of the Non Domestic Rates (NDR) Return to the Department for Communities and Local Government (DLGC).
734The Committee considered Minute 679 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with the report of the Corporate Director Support Services requesting that consideration be given to a draft programme of capital projects for 2013/14 to 2016/17.
735The Committee considered Minute 680 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with a report of the Corporate Director Support Services setting out the proposed detailed fees and charges for services included in the budget proposals for 2013/14.

The Committee discussed the matter in some detail. In response to a question regarding the management of proposed introduction of a new charge for an annual permit for physical/fitness trainers for using parks on a regular basis for classes, the Executive Councillor undertook to provide a written response to the questioner.

A suggestion to amend the car parking charges in the Town Centre was also discussed. The Leader of the Council advised that it would be beneficial to wait until the outcome of the recent Business Improvement District proposals for the Town Centre are known.
736The Committee considered Minute 682 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with a report of the Director of Public Health providing an update on the Council's public health ring fenced grant allocation and set out details of the proposed budget for public health services for 2013/14.
737The Committee considered Minute 681 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with a report of the Corporate Management Team presenting a draft revenue budget for 2013/14 and a range of potential savings proposals for future years.

The Committee took the opportunity to congratulate officers for submitting a comprehensive balanced budget.
738The Committee considered Minute 683 of Cabinet held on 22nd January 2013, which had been referred direct to Scrutiny by Cabinet, together with a report of the Chief Executive and Town Clerk proposing revisions to the senior management structure to reflect the reduction in staff numbers, continuing budget pressures, the transfer of public health to local government and best practice elsewhere. The report also sought to redesignate the three Scrtuiny Committees as People Scrutiny Committee (including Health), Place Scrutiny Committee and Corporate Scrutiny Committee.
739(This is a pre Cabinet Scrutiny item).

The Committee considered a report by the Corporate Director Enterprise, Tourism and the Environment by way of pre Cabinet Scrutiny. The report noted the early work in identifying the key issues that Members will wish to consider when developing the formal response to the call for evidence as part of the forthcoming work of the Airports Commission.
740The Committee considered the Monthly Performance Report (MPR) covering the period to the end of November 2012. The Committee also had before it an exceptions report showing the latest position to the end of January 2013, which had recently been circulated.

In response to a question regarding CP10.2 (Working days lost per FTE due to sickness - excluding school staff), the Council's Head of HR and Communications explained that the data from the new absence management support provider was expected imminently. She undertook to provide a copy of the report and updated situation to the questioner when it was received.

In response to a question regarding CP7.1 (% of Council Tax Collected) the Council's Head of Finance and Resources undertook to circulate to the questioner the number of unpaid direct debit payments in December 2012.
741The Committee considered Minute 645 of Cabinet Committee held on 10th January 2013, which had been called in to Scrutiny, together with a report of the Corporate Director Enterprise, Tourism and the Environment which advised Members of a petition received from 249 signatories calling for action to reduce the speed limit to 20mph for a distance of 750 yards (685m) either side of the school or remove The Fairway from the designated distributor route hierarchy and direct all traffic to Bellhouse Lane.

The Executive Councillor for Public Protection, Waste and Transport informed the Committee that a mobile variable messaging sign could be used to warn motorists using the road and request that they slow their speed. He assured the Committee that the wording and location of the sign would determined in consultation with the three Ward Councillors.
744The Committee considered Minute 637 of Cabinet held on 8th January 2013, which had been called in to Scrutiny, together with a report of the Corporate Director Support Services on the options to develop Seaway Car Park in line with the Southend Central Area Action Plan. The report had been the subject of pre-Cabinet scrutiny on 29th November 2012

In response to a request for clarification of the status of the report, the Head of Legal and Democratic Services confirmed that the report was still confidential. The Committee requested that the position be confirmed to all Members.
745The Committee considered Minute 638 of Cabinet held on 8th January 2013, which had been called in to Scrutiny, together with a report of the Corporate Director Support Services which updated Members on the current position with regard to the Pier North End Amusements and the Pier Entrance.
746The Committee considered Minute 639 of Cabinet held on 8th January 2013, which had been called in to Scrutiny, together with a report of the Corporate Director Enterprise, Tourism and the Environment which presented the draft Elm Road Development Brief.

 

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