Agenda and minutes

Council - Thursday, 18th July, 2019 4.00 pm

Venue: Council Chamber, Fenland Hall, County Road, March

Items
No. Item

Councillor Mrs Mayor opened the meeting with the following statement: 

 

“Before commencing with the formal agenda for this afternoon’s meeting I would like to take this opportunity to pay a tribute to Ernie Thompson, former Chief Executive of Fenland District Council, who sadly passed away on 1st July. 

 

Ernie devoted 41 years to local government service – 19 of them at Fenland District Council. Ernie began his career at Liverpool City Council in 1952. His first role locally was at Wisbech Borough Council, where he was working as Deputy Town Clerk when it merged with Chatteris Urban District, March Urban District, Whittlesey Urban District, North Witchford Rural District and Wisbech Rural District to form Fenland District Council in 1974.

 

Following the merger he was appointed District Secretary of Fenland District Council and became the authority’s second Chief Executive in 1983 succeeding Eric Lewis. Ernie retired after ten years in the top job in February 1993. 

 

He was a true inspiration to many people not least because of his passion and commitment to local government and commanded great respect from all who worked with him. His family is in the thoughts of all who knew him at the council at this very sad time.

 

I would now like to call on Councillor Mike Cornwell to make a personal tribute”. 

 

Councillor Cornwell thanked Councillor Mrs Mayor and made his personal tribute, during which he stated that Ernie was a traditional, old school local government officer who provided the people of Wisbech and then the people of Fenland with excellent public services whilst operating in an open, honest, straightforward and very genuine manner.

 

All members stood to observe a minute’s silence in honour of Ernie Thompson.

 

Councillor Mrs Mayor welcomed Councillor Wilkes to his first full council meeting.

 

C18/19

Previous Minutes pdf icon PDF 227 KB

To confirm and sign the minutes of 23 May 2019.

Minutes:

Councillor Mrs Mayor drew members’ attention to the new set of minutes that had been tabled. She said that the only change from the minutes sent with the agenda pack is that they include the amendments to the motions in addition to the original motions.

 

Councillor Booth requested the following amendments to the minutes:

 

·       C10/19 should read ‘Members considered the Committee Structure’

·       C14/19 (point 8) Councillor Mrs Mayor had said the previous point Councillor Sutton raised regarding political literature was not part of the discussion.  However, Councillor Sutton had actually argued that it was related to the very core of the motion being discussed.

·       C15/19 (Item 1 on page 17) failed to capture that Councillor Booth said it is our role as a point of collection authority that we had a role to play in trying to influence schools and other organisations.

·       C16/9 (Item 9) incorrectly states that Councillor Booth had pursued the review (of the play area) 18 months ago, and should have said that was when he became aware of the issue. 

 

Councillor Humphrey requested a further amendment:

 

·       C16/9 (Item 3) Councillor Humphrey had requested a review of all play equipment in the area, and not just council-owned play equipment.

 

Proposed by Councillor Mrs Mayor, seconded by Councillor Boden, the new set of minutes of 23 May 2019 were agreed and signed subject to the amendments above. 

 

 

C19/19

Civic Engagement Updates. pdf icon PDF 132 KB

For information only.

 

Minutes:

Councillor Mrs Mayor drew members’ attention to the civic activities undertaken by herself and the Vice Chairman in the weeks preceding full council.

C20/19

To receive any announcements from the Chairman of the Council and/or the Head of Paid Service.

Minutes:

Councillor Mrs Mayor informed members that she will be holding the Chairman’s Civic Reception on Friday 6th September at Eastrea Community Hall. Invitations will be sent out to all members in due course. 

 

Councillor Mrs Mayor reminded members that she will be hosting the Annual Charity Coffee morning on Thursday 26th September. All proceeds from the event will be donated to the Chairman’s charity, Macmillan Cancer Relief.  All members are very welcome to attend and donations for raffle prizes to raise money for this worthwhile cause will be gratefully received. 

 

Paul Medd, Chief Executive, made the following announcement:

 

“I am delighted to announce that Fenland District Council has received national recognition in the prestigious ‘MJ’ awards under two categories. 

 

First we were a finalist within the ‘Delivering Better Outcomes’ category, within which 69 submissions from other councils were received. Our submission focussed on the fantastic partnership work of the Diverse Communities Forum. It explained how over 30 partners across many sectors are effectively working together to deliver a variety of projects to improve the quality of life for local people. To support this they have successfully bid for over £1.4 million in Government funding. This work is being hailed as best practice and is being shared across the country.

 

In addition, Lottie West from our Policy and Communications team was highly commended within the ‘Rising Star’ category. This recognises the talent and potential of young people in local government. Lottie is a real asset to the organisation and her dedication deserves to be recognised. With a background in the private sector, she joined the Council in 2014 as a graduate trainee. Since then she has developed a tremendous knowledge base and has quickly progressed within the Council. She is reliable, quick-thinking, highly motivated and is passionate about making local services the best they can be. Alongside her varied day-to-day role, Lottie also plays a key part in corporate projects that have improved service delivery and transformed working practices. She is ideally placed to support the continued development of a Council for the future”.

 

Councillor Mrs Mayor then presented Lottie West with her commendation.

C21/19

To receive questions from, and provide answers to, councillors in relation to matters which, in the opinion of the Chairman, accord with the provisions of Procedure Rules 8.4 and 8.6.

Minutes:

Councillor Mrs Mayor stated that no questions had been received submitted under Procedure Rule 8.6 and asked if there were any questions under Procedure Rule 8.4 from Councillor Tanfield as Leader of the Opposition.

 

Councillor Tanfield asked the Leader if he could explain the background to the delay and problems with the funding in delivery of the Kings Delph Railway Crossing. Councillor Boden explained the County Council had responsibility some three or four years ago to build a bridge across the crossing. There was a public consultation about the various routes and one particular route was selected. The County Council, rather than seeking to get a contract from a contractor to design and build the bridge, decided to have a separate contract where one contractor would be chosen to design and quote for the bridge. They then had the option either to accept that quote or go ahead with that design and the contractor to build it, or take the design elsewhere for quotes from other contractors to get the bridge built. Unfortunately it has taken considerable time for the contractor to complete the design for sign off by the County Council and a press release has been sent out today explaining much of this background. The County Council has decided to decline to use the contractor to build the bridge. They intend to seek alternative contractors to bid based on the design now delivered. In the meantime the legal position changed and legal responsibility for the scheme has been passed to the Combined Authority. They, however, have contracted the County Council to deliver what they have already started. The original projected cost has increased and the promise of further monies has been obtained from the Combined Authority to ensure continuance of the project.  Councillor Boden expressed his disappointment at the delays by the contractor and the process of getting to this point. These delays will not be without cost to the contractor. However, we are now in a position where the County Council can recommend a way forward and, in conjunction with the Combined Authority, there will be some active movement taking place on the project in the very near future. Councillor Boden also pointed out that he has been in touch with our MP together with the leaders of both the County Council and Combined Authority and all are absolutely and unequivocally committed to the delivery of this project, and they all want to see the project delivered as quickly as is reasonably possible given the cost consideration. Councillor Boden added that he is happy to provide even more detail if required.  Councillor Tanfield thanked Councillor Boden.

 

Councillor Tanfield mentioned the newspaper report that Mayor James Palmer brought out about Kings Dyke and his concern over the County Council and their delivery. She asked if the time is right to contact the Mayor of the Combined Authority, together, with Cambridgeshire City Council, and other Cambridgeshire-district councils to revisit the future administration of local government provisions within the County.  ...  view the full minutes text for item C21/19

C22/19

To receive reports from and ask questions of Cabinet members with portfolio holder responsibilities, in accordance with Procedure Rules 8.1 and 8.2. pdf icon PDF 3 MB

Minutes:

Members asked questions of Portfolio Holders in accordance with Procedure Rules 8.1 and 8.2 as follows:

 

·         Councillor Yeulett said that the recent Overview & Scrutiny Committee meeting was curtailed due to the non-attendance of the Portfolio Holders. Council Tax is Councillor Mrs French’s portfolio holder responsibility. We have not heard why she did not attend this meeting. Councillor Boden has made an apology for his failure to attend due to a Combined Authority meeting. The dates of full Council meetings were changed at the behest of other authorities at the last meeting. Do we have to alter all the dates of our committee meetings to suit the diaries of county councillors and over-committed members of this administration? Councillor Boden stated he felt the last comment to be inaccurate in that he was undertaking a responsibility as Leader of this Council and the meeting was nothing to do with County Council. Nevertheless, Councillor Yeulett accurately pointed out that it is essential to have proper coordination of dates between the different tiers of authority. Councillor Boden gave assurance to full Council in May, and again today, that next year the procedure will be done in a far more timely fashion to ensure there is less chance of there being meeting clashes between the different authorities. In respect of the Overview and Scrutiny Meeting, Councillor Boden has accepted responsibility and issued an apology to all members of the committee and officers present, together with a personal apology to the Chairman for the inconvenience. He stated it was his failure to communicate properly with others which caused the error and the necessity to curtail the meeting. He has learned from that, and a new system has been put in place, with the support of officers, to ensure the same sort of problem will not happen again in the future. Councillor Yeulett thanked Councillor Boden.

 

·         Councillor Yeulett said there is a footpath between Creek Road and Station Road leading towards New Park which is well used by the public. There is a streetlight, FDC1, located part way down the path which follows the boundary off St John’s Cemetery. The lamp has been removed so there is now no light. He asked that the Portfolio Holder investigate and have the light reinstated. Councillor Mrs French thanked Councillor Yeulett and confirmed she will investigate and report back.  

 

·         Councillor Booth asked Councillor Clark for an update on the progression of having KPI’s put in place at the Freedom Leisure facilities. Councillor Clark thanked Councillor Booth for the question, saying she will look into this and get back to him.

 

·         Councillor Booth asked for members to be given more information about the local household waste recycling centres so councillors could promote their use. He had not been aware there were so many local bring sites across the district and promotion may help increase recycling rates. Councillor Tierney advised that more information could certainly be made available and he recommended Councillor Booth email the Portfolio Holder concerned who would be happy  ...  view the full minutes text for item C22/19

C23/19

Overview and Scrutiny Annual Report 2018/19. pdf icon PDF 154 KB

The Overview and Scrutiny Annual Report reflects what has been undertaken and achieved by the Overview and Scrutiny Committee during 2018/19 and takes a forward look at the programme of work and challenges for the Overview and Scrutiny in 2019/2020.

 

Minutes:

Councillor Miscandlon presented the Overview & Scrutiny Committee Annual Report for 2018/19 which provides a focus on the work undertaken by the committee during the past twelve months as well as providing a forward look to 2019/20. He stated that all members of the panel remain committed to ensuring it adds value whilst holding the Executive to account.  He pointed out that the panel, both past and present, took an active and enthusiastic role in the overview and scrutiny process.

 

Councillor Miscandlon drew members’ attention to a few key successes:

 

·       Engagement with a number of external partner agencies to highlight and challenge performance in issues directly affecting residents of Fenland. This work has included scrutinising the Crime Disorder and Reduction Partnership (SFP) in addition to the Police, Clarion Housing and Health and Wellbeing partnership colleagues.

·       A review of the Economic Development function including working with key local business stakeholders, neighbouring authorities and elected representatives from other organisations. The review has resulted in a number of comprehensive recommendations which have all subsequently been endorsed by Cabinet.

 

Councillor Miscandlon thanked all members and officers who have contributed to the success of the panel both past and present. He would recommend that Council acknowledge the broad scope of the work undertaken by the committee. 

 

Councillor Yeulett welcomed the report, particularly the review of the Economic Development Service. He found it very comprehensive and asked if members could be kept informed going forward. 

 

Councillor Booth commented that it needs to be recognised that it was under the Chairmanship of Councillor Boden that many of these items were first looked at.

 

Proposed by Councillor Booth and seconded by Councillor Skoulding, and AGREED to adopt the report.  

 

C24/19

Corporate Governance Committee Annual Report 2018/19. pdf icon PDF 258 KB

To Report to Full Council the commitment and effectiveness of the Corporate Governance Committee’s work from April 2018 to March 2019.

 

Minutes:

Councillor John Clark presented the Corporate Governance Committee Annual Report 2018/19. The committee is tasked with two key functions:

 

·       Providing independent assurance of the adequacy of the risk management framework and the control environment, and

·       Independently scrutinising the authority’s financial and non-financial performance and overseeing the financial reporting process. 

 

Councillor Clark thanked all members of the committee for their comments and input into the report, and also the help given to the committee by officers.

 

Councillor Booth stated his support for the report, advising the committee will be undertaking a lot more work going forward, given recent briefings on commercial investments, and the transformation programme. 

 

Councillor Boden said that looking through the report, he saw value from the internal audit function we have, which is partly shared with Kings Lynn & West Norfolk Borough Council. He found that function to be exercised in a scrupulous, independent and thorough manner, and he would like this put on record.

 

Proposed by Councillor Topgood, seconded by Councillor Booth and AGREED to adopt the report.

 

 

 

C25/19

Motion submitted by Councillor Mike Cornwell regarding Civil Parking Enforcement. pdf icon PDF 58 KB

Minutes:

Councillor Cornwell presented his motion regarding civil parking enforcement and stated that:

 

Whilst canvassing in the recent elections I was approached by a number of residents concerned and annoyed about such issues as motorists ignoring parking restrictions, blocking footpaths by inconsiderate parking, parking dangerously near school entrances, blocking private entrances and parking very close to road junctions. Everyone understands that our police service has other more important priorities to attend to and this is why all our Norfolk neighbouring authorities and some in other neighbouring councils have introduced Civil Parking Enforcement, indeed it is often enforced successfully in conjunction with other street based services.

 

The effect of what I referred to in my election manifesto as “wild west parking in Fenland” affects almost every Fenland resident through individual safety, public safety, business continuity and sustainability, the environment and quality of life.

 

Madam Chairman, I strongly believe that Fenland must deliver services that its public wants and which improve their quality of life and I therefore propose that this Council shows its support for the exploration of  the powers contained  in Part 6 of the Traffic Management Act 2004 and associated Acts and Regulations regarding Civil Parking Enforcement throughout the district.”

 

Councillor Sutton seconded the motion and Councillor Mrs Mayor opened up the motion for debate.

 

Councillor Mrs French proposed an amendment to the motion (which had been tabled for members prior to the meeting) and stated:

 

“Many Fenland residents are justifiably concerned and annoyed about such issues as motorists ignoring parking restrictions, blocking footpaths by inconsiderate parking, parking dangerously near school entrances, blocking private entrances and parking very close to road junctions.

 

Fenland District Council must deliver services that its public wants and which improve their quality of life. This Council therefore welcomes the fact that several Cabinet members met with council officers last month to begin the process in Fenland of exploring the powers contained in Part 6 of the Traffic Management Act 2004 and associated Acts and Regulations regarding Civil Parking Enforcement throughout the District, and that officers on July 4th produced a draft briefing note relating to coordination of both off-street and on-street parking provision in Fenland, which includes the potential adoption in Fenland of Civil Parking Enforcement. This Council also notes with approval that the draft briefing note explicitly excludes the introduction by Fenland District Council of paid car parking in the district’s car parks”.

 

Councillor Topgood seconded the amendment to the original motion and Councillor Mrs Mayor opened up the motion for debate.

 

·       Councillor Tierney stated his support for the amendment, saying it is one of the issues that all members know is absolutely vital to the people of Fenland as they raise it all the time. It has been way too long where councillors have done nothing and now is the time to do something about it. Also, he was pleased to see the specific exclusion of pay parking added to the amended motion.

·       Councillor Booth added that the amended motion was not  ...  view the full minutes text for item C25/19

C26/19

Motion submitted by Councillor Boden regarding Council Tax. pdf icon PDF 171 KB

Minutes:

Councillor Boden presented his motion regarding council tax and stated that:

 

“At its Full Council meeting on 21st February 2019, Fenland District Council approved its budget for 2019/20 showing a 0% Council Tax increase for 2019/20, but with increases shown of 1.98% p.a. through to 2023/24 as reflected in the current Medium Term Financial Strategy (MTFS).

 

In five out of the last eight years FDC has approved budgets with no Council Tax increase. This is a record of which the Council can be proud, given the financial constraints which FDC, as well as all other councils, has had to work within.

 

It is the ambition of this administration to maintain 0% increases in Council Tax throughout the MTFS period for the benefit of residents. However, it is recognised that the Council continues to face significant financial challenges and uncertainties that may not allow this ambition to be met.

 

Members of the Council need to act responsibly each year when setting the precept to balance the ambition of achieving a 0% Council Tax rise with the legal need to balance the budget. Nevertheless, raising Council Tax in any of the next four years will be our last resort, as we believe that we have a duty to minimise the financial effects of Council Tax on all of Fenland's households.

 

This Council resolves to:

 

1. Re-position the MTFS to show 0% Council Tax increases through to 2023/24

 

2. Note the revised future projected deficits from 2020/21 onwards as per the attached.

 

Councillor Boden further added that the purpose of this motion is to make it quite clear to residents and all members what the intent and ambition is of this administration. During the period of austerity more than 50% of the funding this council received from central government has disappeared; it would be unthinkable to envisage the results if the same amount of funding had been withdrawn from the budgets of the emergency services and armed forces. The Council has done very well facing the funding challenges during this period of austerity and shown great resilience by being able to maintain frontline services. This is due to the hard work of members of this council, its staff and officers. Further savings need to be made over the next four years so there is a significant challenge ahead. Despite this we have this ambition to not necessarily ncrease our share of council tax. It is a pledge, not a promise, but a statement of ambition to do our best to ensure that over the next four years, we do not impose any greater burden on hard working families in this district by increasing the level of council tax. Councillor Boden added that he would hope all members would agree with this motion and that we all look at our ways of working to try to ensure that our services are provided as cost effectively as possible to reduce or, if possible, eliminate the need to increase council tax. 

 

Councillor Mrs French and  ...  view the full minutes text for item C26/19

C27/19

Treasury Management Annual Review 2018/19. pdf icon PDF 357 KB

The purpose of this report is to consider the overall financial and operational performance of the Council’s treasury management activity for 2018/19.

Minutes:

Councillor Boden presented the Treasury Management Annual Review 2018/19. 

 

Councillor Boden added that treasury management is a significant part of insuring that we maintain the security of our assets and also that we manage to get a significant financial return out of them.

 

Proposed by Councillor Boden, seconded by Councillor Hoy it was AGREED that the report be noted. 

 

 

C28/19

Membership of Committees, Panels and Outside Bodies. pdf icon PDF 182 KB

There have recently been some changes to the political groups within the Council and as a result it is important to reflect those changes in the Committees and Outside Bodies requiring political representation. The rules governing political proportionality are utilised to allocate the seats for the political groups.

 

Minutes:

Members considered the Membership of Committees, Panels and Outside Bodies Report presented by Councillor Boden. 

 

Councillor Cornwell stated that on page 169 of the agenda pack in the column ‘Political Apportionment’ for Corporate Governance Committee, line 4 is not needed. Councillor Mrs Mayor confirmed the suggestion was noted.

 

Councillor Hay pointed out that her name was missing from the list of nominated representatives for Nightlayer IDB. Councillor Boden confirmed that this would be updated and confirmed the report will be updated adjusted.

 

Proposed by Councillor Boden, seconded by Councillor Wilkes it was AGREED: 

 

·       To reduce the number of Members on Planning Committee from 15 to 12 in order to achieve a more management and appropriate number of Members on that Committee.

 

·       To add substitute members to the following committees:

 

o   Overview and Scrutiny Committee (6 substitute members),

o   Licensing Committee (6 substitute members),

o   Corporate Governance Committees (5 substitute members),

o   Staff Committee (4 substitute members) and

o   Appointments panel (3 substitute members).

 

·       To adopt the schedule of political allocations set out in the appendices.

 

·       For Council to delegate to the Monitoring Officer to make the appropriate changes to the constitution in support of the report.

C29/19

Combined Authority Executive Committee Appointments. pdf icon PDF 87 KB

To request the Council to make appointments to two Executive Committees within the Cambridgeshire and Peterborough Combined Authority for the municipal year 2019/2020.

 

Minutes:

Members considered the Combined Authority Executive Committee Appointments report presented by Councillor Boden.

 

Proposed by Councillor Boden, seconded by Councillor Mrs French and AGREED:   

 

·       To the appointments and nominations to the Cambridgeshire and Peterborough Combined Authority Executive Committees for the municipal year 2019/20.

 

·       That the proposed representative for the Transport Committee is Cllr Chris Seaton with Cllr Chris Boden as the substitute representative.

 

·       That the proposed representative for the Housing and Communities Committee is Cllr Mrs Dee Laws with Cllr Sam Hoy as the substitute representative.

 

·       That the Chief Executive be authorised to make any amendments to the appointments to the Combined Authority Executive Committees including the Transport Committee and Housing and Communities Committee in consultation with the relevant Political Group Leaders, if the political balance is amended by the Authority between now and the next Council meeting and at any time throughout the municipal year.

 

 

C30/19

Appointment of Independent Person. pdf icon PDF 82 KB

The Council must appoint an Independent Person to assist the Conduct Committee in determining Member Conduct complaints as set out within the Localism Act 2011.

 

Minutes:

Members considered the Appointment of Independent Person report presented by Councillor Topgood.

 

Proposed by Councillor Topgood, seconded by Councillor Mrs Laws and AGREED to appoint Stuart Webster as the Council’s Independent Person as recommended by the Conduct Committee.