Meetings

Meeting Details

Meeting Summary
Council
20 Feb 2018 - 19:00 to 21:27
Scheduled
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Standard Items
1 APOLOGIES FOR ABSENCE
To receive any apologies for absence. 


3

 

Apologies for absence were received from Councillors Davis, Reynolds, Rodwell and Stenhouse.

 

 

2 ITEMS OF URGENT BUSINESS

 

To consider any items of urgent business.

 

 

4

 

Her Worship the Mayor reported that there were no items of urgent business for consideration.

 

 

3 DECLARATIONS OF INTEREST

You have a Disclosable Pecuniary Interest in a matter to be discussed if it relates to something on your Register of Interests form. You must declare the interest and leave the room while the matter is dealt with.

You have a Personal Interest in a matter to be discussed if it affects
•    your well being or financial position
•    that of your family or close friends
•    that of a club or society in which you have a management role
•    that of another public body of which you are a member to a greater extent than others in your ward.
You must declare a personal interest but can speak and vote on the matter.

Whenever you declare an interest you must say why the interest arises, so that it can be included in the minutes. 

5

 

Councillor Jeal declared a personal interest in the item relating to the Budget 2018/19 in relation to reference to First Move Furnishaid but was allowed to speak and vote on the item.

 

 

4 MAYOR'S ANNOUNCEMENTS

 

To consider any announcements from Her Worship the Mayor.

 

 

6

 

Her Worship the Mayor reported that there were no Mayor's announcements.

 

 

5 pdf MINUTES (73Kb)

 

To confirm the minutes of the meeting held on the 14 December 2017.

 

 

7

 

Council considered the minutes of the Council meeting held on the 14 December 2017.

 

Proposer : Councillor Plant 

 

Seconder : Councillor B Coleman

 

That the minutes of the Council meeting held on the 14 December 2017 be approved.

 

CARRIED 

 

 

6 PUBLIC QUESTION TIME

 

Council will consider the following question from Mr L Sutton (Great Yarmouth Trades Union Council):-

 

"Please can the Leader of GYBC explain and justify the Council's continuing and significant expenditure on the local tourist industry in the face of projected £2.94 million funding gap (2020/21); that Great Yarmouth Trades Union Council believe does not represent a good use of public money, given the industry is typified by low wages, seasonal and casual employment that leaves many workers reliant on state benefits, amounting to a further state subsidy for the industry, that perpetuates the cycle of deprivation, and despair in the town?"  

 

 

8

 

Council considered the following question from Mr L Sutton (Great Yarmouth Trades Union Council) :-

 

"Please can the Leader of GYBC explain and justify the Council's continuing and significant expenditure on the local tourist industry in the face of projected £2.94 million funding gap (2020/21); that Great Yarmouth Trades Union Council believe does not represent a good use of public money, given the industry is typified by low wages, seasonal and casual employment that leaves many workers reliant on state benefits, amounting to a further state subsidy for the industry, that perpetuates the cycle of deprivation, and despair in the town?"

 

In response, the Leader reported it is quite an indictment on our very successful £590m tourism industry, which, as you have rightly stated, is supported and partially owned by the rate payers of this Borough.

 

The assets owned by the Borough have various commercial value’s, so are leased out on individual arrangements, to help pay towards the services received by the residents, whether they pay rates or not. 

 

 As we are all aware GY is now a business improvement district, with many businesses and Council members contributing to the tourism and business offer through this medium. The Council as part of its budget process does review areas of spend, and recognises the importance of the tourism industry on the borough. Of the 4,898 rateable properties in the Borough, 1,364 are tourism related, 28%. In rateable value the total RV in the borough is £77.4m of which £14.8m are tourist related 19%. To correct your figure of a £2.94m funding gap, it is actually £2.6m in 2020/21.

 

The future funding beyond the multiyear settlement which runs to 2019/20 is not known and further work nationally will be undertaken on the fair funding review and increased retention of business rates from 2020/21. The net budget for 2018/19 that the council spends on tourism is £513’877, this budget includes external income of £282,962 from sales, tourism guides and advertising. 

Mr Cannell gives a whistle stop tour of GY history, lamenting the loss of its fishing industry, of the old fortnight holidays when people used coaches, buses, and trains to arrive in town for their holiday, the advent of the car and cheap foreign holidays promising the sun has had its affect, and people are holidaying in different ways, staying on our wonderful holiday parks, which, if I read your piece correctly are only paying the minimum wage. 

 

Today there was a visit from the CEO big lottery fund praising our staff on the Neighbourhood that Work Scheme funded to the tune of £3m to help residents in difficulty.

 

No mention of 50 years of oil and gas, the jobs on Harfreys, Gapton, the quays, the Euro Centre, Beacon Park, the river, and now the Port serving the offshore wind, decommissioning, Britain’s largest grain exporter, and largest aggregate importer. I know there are many more smaller companies in the supply chain.

 

The claim in your question is that the industry is typified by low wages,(in your article you claim that today’s industry is different “run by large, national and multinational companies. They pay the minimum wage and employ people on zero-hour contracts”)

 

The larger multi nationals are few, Haven and Parkdean are two, who employ people, some all year round on good wages to retain them, and have seasonal staff, who are paid the going rate for the work they do on a national basis, not particularly because they work or live in GY. There are many examples of local businesses that work in the tourism industry who are not multinationals.

  

Mr Sutton was then entitled, in accordance with the Constitution, to ask a supplementary question as follows :-

 

"The Trades Union Council recognises that one in three workers in Great Yarmouth are involved in tourism and the industry is worth £600 million to the local economy however it is evident for anyone looking at the town that not all are reaping the benefits.

 

 The 2013-18 tourism strategy adopted by the council recognises  the need to  improve employment practices of tourism employers and develop training that addresses skills gaps.  It does not address the issue of low pay.

 

 Will the Leader of the Council ensure that the tourism strategy addresses the issue of low pay in the industry by agreeing a strategy that encourages businesses to adopt the real living wage, currently £8.75 per hour and will the council use its influence and leverage in terms of resources used supporting the industry,  to bring about the early adoption of the real living wage by Haven Leisure and Parkdean Resorts?  The benefits of improving pay, and therefore increasing disposable income I hope will not be lost on the council trying to regenerate the town centre."

 

In response, the Leader reported that the Borough Council would not put in place a strategy that would have an adverse effect on the Borough's thriving Tourism industry.

 

The Mayor reported that this was the conclusion of this item.

 

 

 

Report attached.

 

 

9

 

Council considered the Service Committee Decision List for the period 7 December 2017 to 6 February 2018.

 

Proposer : Councillor Plant

 

Seconder : Councillor B Coleman

 

That the Decision List for the Period 7 December 2017 to 6 February 2018 be received.

 

CARRIED

 

 

 

Report attached.

 

 

10

 

Council considered the Head of Community Development & Regeneration's report which set out the Housing Revenue Account Budget 2018/19 to 2022/23, HRA Capital Programme 2018/19 to 2022/23, HRA Rent and Service Charge proposal 2018 to 19 and the revised HRA revenue and capital forecasts for 2017 to 18.

 

The Leader reported that as a stock holding authority the Council is required to set the annual budget for the Housing Revenue Account for the forthcoming year.

 

The Housing Revenue Account Budget has been pulled together within the current debt cap limits, there have been announcements of future increase to debt caps although these will be subject to a bidding process for which further details are still to be announced, clearly this is something that the Council will be bidding for.



The business plan for the HRA has been informed by the outcome of the stock condition survey completed during the current financial year. The survey has identified the need to increase the capital works to the stock over the next five years.

 

Over the period 2018/19 to 2021/22 there is an increased requirement of capital spend on the current stock of just under £8 million which has been factored into the plan.



In terms of the revenue position the business plan reflects the rent reduction programme, which along with the increase to the number of right to buys has reduced the resources to the revenue account.



In the medium term the HRA business plan is reliant on the use of reserves over the short term and is currently forecast to have a funding gap in 2022/23 based on the current debt cap limits.

 

There is further work to be carried out on the business plan in the short term to achieve a sustainable position moving forward and this will be informed by further work during 2018/19.

 

Councillor Williamson commented that in his view there was a lack of government commitment to provide Social Housing. The Leader referred to the plans to build Social Housing  throughout the Borough.

 

Proposer : Councillor Grant

 

Seconder : Councillor Plant 

 

(1) To note the reduction in rents of 1%, as set out in the Welfare Reform and Work Act 2016.

 

(2) To review and recommend revenue and capital budget estimates 2018/19 to 2022/2023.

 

(3) To agree the proposed Fees and Charges for 2018/19.

 

(4) To agree the revised forecast for 2017/18

 

CARRIED

 

 

 

Report attached.

 

 

11

 

Council considered the Finance Director's report on the Treasury Management Strategy and Annual Investment Strategy for 2018/19.

 

Proposer : Councillor Plant

 

Seconder : Councillor Carpenter 

 

(1) That the Treasury Management Strategy for 2018/19 be approved

 

(2) That the Annual Investment Strategy be approved.

 

(3) That the Operational Boundary and Authorised Limits be approved.

 

CARRIED

 

 

10 pdf 2018/19 BUDGET REPORT (1195Kb)

 

Report attached.

 

 

12

 

Council was reminded that the Local Authorities (Standing Orders) (England) Regulations 2014 require Local Authorities to take recorded votes at Budget Council meetings in relation to the item regarding the setting of the Local Authorities Budget.

 

The budget report is the culmination of many months work by both officers and Members. This has included informal workshops with members of the Policy and Resources Committee to consider savings and capital bid proposals to inform the budget that is set in front of you for approval this evening.

 

The budget has been informed by the four year finance settlement for which 2018/19 is year three. This means we have one year remaining where we are certain of the level of revenue support grant that will be received in 2019/20.

 

The report covers the 2018/19 budget and also includes indicative forecasts up to 2020/21.

 

Beyond 2019/20 there will be a new funding system that comes into being which will see a greater share of business rates income retained locally along with the outcomes of the Fair Funding review which will take into account various factors including need to spend and ability to generate resources locally. Significant work is being carried out on what the new system will look like both nationally and through regional groups. However at this time the projections for 2020/21 show the significant reduction in government funding from the removal of revenue support grant of £2 million.

 

The recommendations for the setting of the council tax for Boroughs element is in line with the national assumptions of council tax increases which amounts to a £5 increase for a band D per annum, and £3.33 for a band A.

 

The Council does continue to hold a number of earmarked reserves and along with the general reserve provides some financial stability, whilst the use of reserves should only be seen as a one-off source of funding, use of reserves in this way can provide one-off upfront funding for projects and schemes that can deliver future savings and efficiencies.

 

For 2018/19 I am pleased to be recommending a budget that delivers a small surplus for the year which will be allocated to the general reserve.

 

Work on the future financial planning for the Authority will commence early in the new financial year to deliver a balanced position for 2019/20.

 

Councillor Walch referred to the proposal within the Budget to close the Market Gates toilets and he asked Council to give consideration to these toilets remaining open with any associated costs to be met by the Town Centre Initiative fund.

 

Councillor Wainwright also referred to the costs associated with the recent provision over the Christmas period of the ice rink in the Town Centre. he also referred to the recent budgetary increases as agreed by Norfolk County Council and by the Police Authority and on the proposal to increase the Council Tax on Band D Properties by approximately £100 per year.

 

Councillor Myers also referred to the decision to close the Market Gates toilets and referred to the need to provide quality toilets in the Borough especially those associated with people having disability issues. Councillor Myers felt that there should be more toilets provided throughout the Borough.

 

Councillor Walker referred to recent comments attributed to the Leader with regard to areas in the Borough where he felt that visitors would not be taken. 

 

Councillor Jeal referred to the operation of the Six Day Market and he asked Council to give consideration to a proposal whereby there would be a 5% discount for Market Traders on the Six Day Market in addition to the 5% discount that had previously been agreed. He felt that the additional cost of this 5% of £12,000 could be met from the Town Centre Initiative fund for 1 year only.

 

Councillor Smith reported that with regard to the closure of the Market Place toilets this matter had been discussed at the Policy and Resources Budget Setting away day meeting. 

 

Councillor Hammond commented that as the Market Place Rents would be discussed by the Economic Development Committee in April he felt that the issue of the further 5 % increase could be discussed at that time.

 

In response to the comment made by Councillor Walker, the Leader stated that his comment with regard to certain areas within the Borough related to the need for those persons visiting Great Yarmouth on the cruise ships to be selective as to where the tourists would visit due to the short time they would have on shore.

 

Proposer : Councillor Walch

 

Seconder : Councillor Myers

 

That the Market Gates toilets will continue to remain open and that the cost will be met from the Town Centre Initiative fund and that consideration of toilet provision in the Borough be referred for consideration to the Environment Committee.

 

That a recorded vote be taken on this issue as follows :-

 

For the Motion - Councillors Andrews, Annison, Bensly, Bird, Borg, Carpenter, B Coleman, M Coleman, Connell, Cutting, Fairhead, Flaxman-Taylor, Grant, A Grey, K Grey, Hacon, Hammond, Hanton, Jeal, Jones, Lawn, Mavroudis, Myers, Plant, Pratt, Robinson-Payne, Smith, Thirtle, Wainwright, Walch, Walker, Waters-Bunn, Weymouth, Williamson and Wright.

 

Against the Motion :- None

 

Abstentions :- None 

 

CARRIED

 

Proposer : Councillor Jeal

 

Seconder : Councillor Wainwright

 

That a 5% discount be offered to the Six Day Market Traders, and for clarification this would be in addition to the 5% discount already agreed to be offered only to those Traders paying their rent by Direct Debit (meaning only those traders who paid by Direct Debit would benefit from a total 10% discount) such cost of this proposal to be met for one year only from the Town Centre Initiative Fund. 

 

That a recorded vote be taken on this issue as follows :-

 

For the Motion - Councillors Andrews, Annison, Bensly, Bird, Borg, Carpenter, B Coleman, M Coleman, Connell, Cutting, Fairhead, Flaxman-Taylor, Grant, A Grey, K Grey, Hacon, Hanton, Jeal, Jones, Lawn, Mavroudis, Myers, Plant, Pratt, Robinson-Payne, Smith, Thirtle, Wainwright, Walch, Walker, Waters-Bunn, Weymouth, Williamson and Wright.

 

 Against the Motion :- None

 

Abstentions :- Councillor Hammond

 

CARRIED

 

Proposer : Councillor Plant

 

Seconder : Councillor Thirtle 

 

(1) That the 2018/19 General Fund Revenue Budget as detailed in Appendix A of the report be approved.

 

(2) That the Fees and Charges as detailed at Appendix D (in addition to those previously agreed in December 2017) of the report be approved.

 

(3) That the Council Tax for 2018/19 for the Borough Council Tax be £156.48 (for an average band D).

 

(4) That the demand of the Collection Fund for 2018/19 will be :-

(a) £4,391,451 for the Borough Council purposes

(b) £377,953 for Parish Precepts

 

(5) That the Statement of and movement on the Reserves as detailed at Appendix F of the report be agreed.

 

(6) That the policy framework for Reserves as detailed at Appendix G be approved.

 

(7) That the updated Capital Programme and financing for 2017/18 to 2020/21 as detailed at appendix H of the report be approved.

 

(8) That the Prudential Indicators and Minimum Revenue Provision Policy as detailed at Appendix J of the report be approved.

 

(9) That Members note the current financial projections for the period 2019/20 to 2020/21.

 

That a recorded vote be taken on this issue as follows :-

 

For the Motion - Councillors Andrews, Annison, Bensly, Bird, Borg, Carpenter, B Coleman, M Coleman, Connell, Cutting, Fairhead, Flaxman-Taylor, Grant, A Grey, K Grey, Hacon, Hammond, Hanton, Jeal, Jones, Lawn, Mavroudis, Myers, Plant, Pratt, Robinson-Payne, Smith, Thirtle, Wainwright, Walch, Walker, Waters-Bunn, Weymouth, Williamson and Wright.

Against the Motion :- None

Abstentions :- None

 

CARRIED

 

 

 

Report attached.

 

 

13

 

Council considered the Finance Director's report which presented for approval the budget for 2018/19 and to make statutory calculations in accordance with the Local Government Finance Act 1992 to set the Council Tax for 2018/19. The report also included the Chief Financial Officer's report on the robustness of the estimates and adequacy of reserves.

 

The Finance Director reported that ahead of making decisions in relation to setting the Council Tax each year, the Chief Financial Officer is required to report to the Council on the robustness of the estimates made for the purpose of the calculations along with the adequacy of reserves held by the Council.

 

In respect of the Robustness of the Estimates – the report provides details of the process carried out in producing the budget which has being presented for approval.

 

It highlights a number of the more significant financial risks facing the authority including:-

 

  • Income that is demand led for example car parking, planning and crematorium ;
  • The risks around the delivery of planned savings and additional income and
  • The localised retention of business rates.

 

In order to mitigate these risks estimates should be put together within a robust framework which reflects past performance and current service delivery.

 

The budget for 2018/19 has been informed by the in-year monitoring reports in addition to input from ELT, budget managers and through budget workshops with members of the Policy and Resources committee.

 

Alongside the robustness of the estimates the adequacy of the Council’s reserves also needs to be considered as part of the approval of the budget for the coming year.  The report provides a commentary on the adequacy of reserves held by the Council, including both earmarked and general reserves.

 

The policy framework for reserves outlines the process for determining the minimum level of general reserve which takes into account a number of factors, the recommended minimum level of the general reserve for the coming year is £2.5 million.

 

In conclusion, it is my opinion as the Chief Financial Officer that, there is sufficient contingency within the current general reserve balance and the overall level of reserves held remains adequate in the short to medium term.

 

After considering this report you are now required to make the statutory calculation of the council tax for 2018/19. 

 

Section 4 of the report sets out the statutory calculation and refers to Appendices B to C as amended.

 

The calculation reflects the precepts that have been issued to the Council as the billing authority on behalf of the Parishes, the Police and County to arrive at the determination made in Appendix B. 

 

Proposer  : Councillor Plant

 

Seconder : Councillor Carpenter

 

(1) That the Budget 2018/19 as detailed in the Budget report to the Policy and Resources Committee and outlined at Appendix A be approved.

 

(2) That Members undertake the Council Tax and Statutory Calculations as set out in Section 4 of the  report and set the Council Tax for 2018/19.

 

(3) That the demand on the Collection Fund for 2018/18 will be :-

 

(a) £4,391,455 for the Borough Council purposes 

(b) £377,953 for Parish Precepts

 

That a recorded vote be taken on this issue as follows :-

 

For the Motion - Councillors Annison, Bensly, Bird, Borg, Carpenter, B Coleman, M Coleman, Cutting, Fairhead, Flaxman-Taylor, Grant, A Grey, K Grey, Hacon, Hammond, Hanton, Jeal, Jones, Lawn, Mavroudis, Plant, Pratt, Robinson-Payne, Smith, Thirtle, Wainwright, Walch, Walker, Waters-Bunn, Weymouth, Williamson and Wright.

Against the Motion :- Councillors Andrews, Connell, Myers

Abstentions :- None 

 

CARRIED

 

 

 

Report attached.

 

 

14

 

Council considered the Head of Organisational Development's report with regard to the Pay Policy Statement 2018/19.

 

Councillor Wainwright referred to Paragraph 1.4 of the Pay Policy Statement which stated that the foundation living wage was currently £8.25 per hour whereas in fact this should read £8.75 per hour.

 

Councillor Walker referred to previous consideration of the issue regarding the Foundation Living Wage and stated that Council had previously asked for a further report on this issue to be considered by Members. The Chief Executive Officer confirmed that she would investigate this outstanding recommendation and will bring a report back to Members on this issue as soon as possible.

 

Proposer : Councillor Plant 

 

Seconder : Councillor Thirtle 

 

That, subject to the amendment of the figure relating to the Foundation Living Wage to change this from £8.25 per hour to £8.75 per hour, the Pay Policy Statement for 2018/19 be adopted and be published on the Council's website.

 

CARRIED 

 

 

 

Details attached.

 

 

15

 

Council considered the proposed Committee Timetable for 2018/19.

 

Proposer : Councillor Plant 

 

Seconder : Councillor Smith

 

That the proposed Committee Timetable for 2018/19 be approved.

 

CARRIED

 

 

14 APPOINTMENT TO OUTSIDE BODIES 2017/18

 

Council will be asked to consider the replacement of Councillor Grant by Councillor Annison on the Norfolk Strategic Planning Framework.

 

 

16

 

Proposer : Councillor Plant

 

Seconder : Councillor Carpenter 

 

That Councillor Annison replace Councillor Grant on the Norfolk Strategic Planning Framework.

 

CARRIED

 

 

15 MOTIONS ON NOTICE

 

To consider the following Motions on Notice :-

 

(a) Motion from Councillors Bensly, Plant, M Coleman, K Grey, A Grey and Grant. 

 

"This Council resolves to write to the Right Honourable Brandon Lewis MP and Her Majesty's Principal Secretary of State for Transport Chris Grayling, expressing our appreciation for the multi-million pounds of funding for the Third River Crossing and additional transport infrastructure currently being planned and implemented, and the confidence this demonstrates in the Borough. This crucial investment in Great Yarmouth is fundamental to secure Great Yarmouth's future economy for the next 40 years or so, ensuring Great Yarmouth is at the forefront of the offshore energy offer."

 

(b) Motion from Councillors Grant, Plant, Bensly, K Grey, A Grey and Hacon

 

" This Council resolves to write to Sajid Javid Secretary of State for Housing Communities and Local Government and to Philip Hammond the Chancellor of the Exchequer to welcome the Government's commitment to build 300,000 homes a year and for the increased £2billion announced in the budget for affordable housing.

 

However we believe that Councils have a huge part to play and in particular those with HRA have an opportunity to go much further and faster than is currently envisaged. We therefore ask the Government to :-

 

Remove the debt cap for HRAs

 

Remove the HRA debt from the public sector debt to the private sector as it has with the housing associations.

 

Allow Local Authorities to keep all proceeds from right to buy sales, allow greater flexibility with the way its spent and allow discounts to be set locally.

 

Give greater financial freedoms and devolve powers to all Councils to invest in housing of all types of tenure that it requires and needs as opposed to a one size fits all policy."

 

 

17

 

Council considered the following Motions on Notice :-

 

(a) Motion from Councillors Bensly, Plant, M Coleman, K Grey, A Grey and Grant. 

 

"This Council resolves to write to the Right Honourable Brandon Lewis MP and Her Majesty's Principal Secretary of State for Transport Chris Grayling, expressing our appreciation for the multi-million pounds of funding for the Third River Crossing and additional transport infrastructure currently being planned and implemented, and the confidence this demonstrates in the Borough. This crucial investment in Great Yarmouth is fundamental to secure Great Yarmouth's future economy for the next 40 years or so, ensuring Great Yarmouth is at the forefront of the offshore energy offer."

 

Councillor Wainwright commented that the Third River Crossing had been in the Government's programme for a number of years and that both the LEP and Norfolk County Council had been heavily involved in the process. He stated that he would expect the local Member of Parliament to lobby on behalf of the Borough Council to provide the Third River Crossing.

 

Councillor Walker reaffirmed Councillor Wainwrights comments and stated that he felt most of the work on this project had been carried out by Local and County Councils.

 

Proposer : Councillor Plant

 

Seconder : Councillor B Coleman

 

That the Motion as submitted by Councillors Bensly, Plant, M Coleman, K Grey, A Grey and Grant as outlined above be agreed.

 

CARRIED

 

(b) Motion from Councillors Grant, Plant, Bensly, K Grey, A Grey and Hacon

 

" This Council resolves to write to Sajid Javid Secretary of State for Housing Communities and Local Government and to Philip Hammond the Chancellor of the Exchequer to welcome the Government's commitment to build 300,000 homes a year and for the increased £2billion announced in the budget for affordable housing.

 

However we believe that Councils have a huge part to play and in particular those with HRA have an opportunity to go much further and faster than is currently envisaged. We therefore ask the Government to :-

 

Remove the debt cap for HRAs

 

Remove the HRA debt from the public sector debt to the private sector as it has with the housing associations.

 

Allow Local Authorities to keep all proceeds from right to buy sales, allow greater flexibility with the way its spent and allow discounts to be set locally.

 

Give greater financial freedoms and devolve powers to all Councils to invest in housing of all types of tenure that it requires and needs as opposed to a one size fits all policy."

 

Councillor Williamson stated that he felt this was a disingenuous Motion and felt that the Government would take little notice of the Motion if agreed. He referred to the proposed buildings on plot 25 Beacon Park and on the need for a real investment in the provision of Social Housing by the Government. He felt that there had been no recognition of the need for Social Housing.

 

The Leader reported that the Council was working with the Local Government Association and the Government to make sure that the Borough Council can provide Social Housing provision in the future. He commented that the next 200 hours constructed on Beacon Park  would contain a proportion for Social Housing.

 

Councillor Wainwright commented that he felt that this was a disingenuous Motion and he referred to a document from the Local Government Association that referred to the shortfall of the provision of Social Housing and throughout the Country.

 

Councillor Jeal commented on the need for Council's to be provide more affordable homes for residents in their areas.

 

Councillor Walker referred to the construction of the Magdalen Estate in Gorleston and stated that this was the type of housing that was needed for the future. The Leader confirmed that he had not criticised the construction of the Magdalen Estate but felt that this type of housing estate accommodation was not being built at the present time. He stated that the overall housing mix would be decided by the Council. Councillor Jones stated that she agreed with the comments expressed in the Motion.

 

Proposer : Councillor Grant

 

Seconder : Councillor Plant

 

That the Motion proposed by Councillors Grant, Plant, Bensly, K Grey, A Grey and Hacon as detailed above be agreed.

 

CARRIED

 

 

 

In accordance with Articles 31.11 and 31.14.1 of the Constitution Councillors Wainwright, Fairhead, Smith, Plant, B Coleman, Lawn, Hacon, Hammond, Flaxman-Taylor, Bensly, Thirtle, Williamson, Walker, Walch, Annison and Grant have given notice of a Motion to rescind a decision made by Full Council on the 14 December 2017 in relation to the recommendations of the Constitution Working Party.

 

A copy of the relevant Council minute extract relating to this item is attached.

 

Council is advised that the reasons for the call to rescind are, firstly, that some Members were unclear that the vote was being taken en bloc in relation to all four recommendations and there was no opportunity for debate on individual recommendations, and secondly, that the new Monitoring Officer has advised that there is a procedural anomaly in relation to the outcome of the en bloc decision, in that a further resolution would have been required to give practical effect to the decision in relation to the Scope of Motions.

 

 

18

 

The Monitoring Officer reported that by way of explanation, this follows the decision of full Council on 14 December 2017, namely item 15 of the December agenda, which was a consideration of proposals by the Constitution Working Party to:

 

  1. Establish its own terms of reference
  2. Amend the Scope of Motion provisions in the Constitution
  3. Consider the form and terms of reference of the Learning & Development Group

At December Council, those recommendations were addressed by a single en bloc vote. That process was not well received by all members as not all had understood the vote was intended to be en bloc. The motion to approve the recommendations en bloc was lost, from which it was inferred that

  1. The proposed Terms of Reference for the Constitution Working Party were NOT agreed.
  2. The proposed amendments to the scope of motions WERE agreed (by implication according to the advice of the MO at that time).
  3. The proposed Terms of Reference for Member Learning and Development were NOT agreed.
  4. Group leaders were NOT given delegated authority to appoint members to the Member Learning and Development Group.

My advice was that for two reasons, it would be appropriate to revisit this decision.

The first reason is the level of misunderstanding of members in relation to the en bloc vote. The second reason is that I do not find it correct that voting against a negatively framed recommendation would mean that those changes would by made by implication. For that reason, 16 members acting under clause 31.14.1. of the Constitution  have signed a notice of Motion to rescind the decisions previously made en bloc. If members vote for that motion to be carried, then Council will be put back in the position it was in prior to the December Council, in other words, it will be able to consider those decisions afresh.  [If members vote against, then the decision as set out in the minute extract on page 144 will remain in place.

 

Proposer : Councillor Williamson

 

Seconder : Councillor Jeal

 

That the Motion to rescind the decision made by Full Council on the 14 December 2017 in relation to the recommendations on the Constitution Working Party be agreed.

 

CARRIED

 

 

 

Report attached.

 

 

19

 

Council considered the Monitoring Officer's report with regard to the Council decision of the 14 December 2017 on the Constitution Working Party recommendations relating to the following :- 

  

To consider the recommendations of the Constitution Working Party in relation to :-

(a) The terms of reference of the Constitution Working Party
(b) The Scope of Motions
(c) The Member Learning and Development Group.

 

Proposer : Councillor Williamson

 

Seconder : Councillor Carpenter 

 

That Council agree the proposed Terms of Reference of the Constitution Working Party for inclusion in the Council's Constitution subject to the Working Party being politically balanced.

 

CARRIED

 

Proposer : Councillor Williamson

 

Seconder : Councillor Jeal

 

To add the following clause to the Constitution:

 

"If the subject matter of any Motion of which notice has been duly given comes within the province of any Sub Committee, Committee or Committees, it shall, upon being moved and seconded, stand referred without discussion to such Sub Committee, Committee or Committees as the Council may determine for consideration and report".

 

To amend paragraph 31.13.10 of the Constitution (Motions which may be moved during debate) to state :- "(d) To refer something to an appropriate body or individual." Be referred back to the Constitution Working Party for further consideration; and that the amendment proposed to be added to the Constitution that, “The Monitoring Officer and Section 151 Officer may reject a motion that impacts on the Policy and Budget Framework of the Council and required that a report from an Officer be prepared before the matter can go forward to Council for consideration.”

  

CARRIED 

 

Proposer : Councillor Plant

 

Seconder : Councillor Williamson

 

That the proposed Terms of Reference for the Member Learning and Development Group be referred back to the Constitution Working Party for further consideration.

 

CARRIED

 

Proposer : Councillor Williamson

 

Seconder : Councillor Jeal

 

That the Membership of the Member Learning and Development Group will be politically balanced.

 

CARRIED

 

 

18 EXCLUSION OF PUBLIC
In the event of the Committee wishing to exclude the public from the meeting, the following resolution will be moved:-

"That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12(A) of the said Act."

20

 

RESOLVED :

 

"That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12(A) of the said Act."

 

 

19 CONFIDENTIAL MINUTES
FORMER COUNCILLOR COLLINS
1

 

Members stood in one minute silence as a tribute following the recent death of former Councillor Bert Collins.

 

 

COUNCILLOR PENNY CARPENTER
2

 

Council recorded their best wishes to Councillor Carpenter following her return to Council duties following illness.

 

 

Attendance

Attended - Committee Members
Name
No attendance information has been recorded for the meeting.
Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending Apology
No apology information has been recorded for the meeting.
Absent
NameReason for Absence
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

 

Present :

 

Her Worship the Mayor Councillor Robinson-Payne (in the Chair), Councillors Andrews, Annison, Bensly, Bird, Borg, Carpenter, B Coleman, M Coleman, Connell, Cutting, Fairhead, Flaxman-Taylor, Grant, A Grey, K Grey, Hacon, Hammond, Hanton, Jeal, Jones, Lawn, Mavroudis, Myers, Plant, Pratt, Smith, Thirtle, Wainwright, Walch, Walker, Waters-Bunn, Weymouth, Williamson and Wright.

 

Also in attendance :-

 

Mrs S Oxtoby (Chief Executive Officer), Ms C Whatling (Monitoring Officer), Ms K Sly (Finance Director), Mrs K Watts (Finance Director), Mrs J Cooke (Head of Organisational Development) and Mr R Hodds (Corporate Governance Manager)

 

 

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