Agenda and minutes

The meeting will commence with a short service of prayers.

The meeting opened with prayers led by the Mayor's Chaplain, Reverend Mike Terry.

The Mayor invited all Members of the Council and members of the public present to observe a minute’s silence, as a mark of respect and in memory of former Mayor and Leader of the Council, Dr Harold George Jerrard who died on Wednesday 10 April 2013; former Mayor, Mrs Joan Vause who died on Tuesday 9 April 2013 and former Prime Minister, Baroness Thatcher who died on Monday 8 April 2013.

Apologies for absence were received from Councillor J S Forrest, Mrs K Mandry and P J Whittle, JP.

To confirm as a correct record the minutes of the Council Meeting held in 22 February 2013..

RESOLVED that the Mayor be authorised to sign as a correct record the minutes of the meeting of the Council held on 22 February 2013

The Mayor welcomed Cadet Flight Sergeant Elliot Tutt to the meeting. Elliot had fulfilled the role of Mayor’s Cadet for which the Mayor presented a certificate to mark the end of his year. Elliot was thanked for his service.

The Mayor reported that his Charity Ball held on Friday 19 April was a great success which was enjoyed by all. The Mayor thanked everyone who attended for their contributions to his charity which would benefit greatly from the monies raised.

The Mayor marked his final time chairing the Council meeting by thanking the Executive Leader for nominating him to take on the role as Mayor. He also thanked the Deputy Mayor and the Chief Executive Officer for their support and guidance during the meetings of the Council. The Mayor thanked the Group Leaders and all elected Members for their courtesy displayed during Council meetings.

The Mayor finished by reporting that at a recent invitation event organised by the Mayor of Gosport, Fareham had won the lawn bowls challenge beating Portsmouth, Havant and Gosport.

There were no Executive Leader’s announcements made at this meeting.

The Executive Member for Public Protection announced that a prosecution was successfully pursued by the Council under the provisions of the Environmental Protection Act 1990 against an individual who whilst living in a Council property, deposited and stored waste including asbestos sheeting in the garden.

The case was heard at Fareham Magistrates’ court on 28 March 2013 where the individual pleaded guilty. In sentencing, a compensation order of £5,000 was made in favour of the Council and costs were awarded of £1,000. The person was also sentenced to undertake 225 hours of unpaid work.

The Executive Member for Public Protection also advised that the Environmental Health team had secured a successful prosecution against a food trader at Fareham Magistrates Court on 10 April 2013 for breaches of food hygiene legislation.

The Council was awarded full costs of £1,270 and the Magistrates imposed a penalty of 12 months conditional discharge on the trader.

The Executive Member for Public Protection went on to announce that the Food Standards Agency (FSA) had carried out an audit of the Council`s Food Service during March. The provisional findings were positive and indicated a good service. The detail of the audit will be included in the Food Safety Service Plan when it is reported to the Executive in May.

The Executive Member for Public Protection finished by announcing that Simon Hayes, the Police and Crime Commissioner would be visiting Fareham Borough Council on 26 April 2013 to see Fareham's Community Safety initiatives in action. The visit will include the community safety partners co-located in the Civic Offices such as the Youth Offending Team, Integrated Offender Management Team and Transform, the new consortium linked to Hampshire County Council's Supporting Troubled Families Programme.

The visit is an opportunity to highlight to the Police and Crime Commissioner how all agencies work in partnership to ensure Fareham is a safe place to live, work and visit.

To receive any declarations of interest from members in accordance with Standing Orders and the Council’s Code of Conduct and disclosures of advice or directions received from Group Leaders of Political Groups, in accordance with the Council’s Constitution.

There were no declarations of interest made at this meeting.

To receive any petitions presented by a member of the Council.

Note: any petition so presented will be dealt with in accordance with the Council’s petition scheme.

There were no petitions presented at this meeting.

To receive any deputations of which notice has been given.

The Council received a deputation from Mr Paul Rogerson regarding the process of how to gain a hackney carriage/private hire driving licence for someone living in the UK compared to someone living outside of the UK.

Mr Rogerson was thanked accordingly for his deputation.

To receive, consider and answer questions on reports and recommendations of the Executive.  Minutes of the meetings of the Executive and a schedule of individual Executive member decisions are appended as follows:-

(1)       4 March 2013

(2)       15 April 2013

Note:- the following recommendations are to be determined:

·                Minute 12(3) - Adoption of Fareham Borough Community Infrastructure Levy - the Council is recommended to:-

(a)     approve the Community Infrastructure Levy Charging Schedule as set out in Appendix B for Implementation from 1^st May 2013;

(b)     approve for publication the 'Regulation 123 List' as set out in Appendix C;

(c)     agree the arrangements for payment of Community Infrastructure Levy by instalments as set out at Appendix D;

(d)     delegate to the Director of Finance and Resources, in consultation with the Executive Portfolio holder, the authority to publish a revised instalments policy;

(e)     not make Exceptional Circumstances relief available in its area;

(f)      not make Discretionary Charitable Relief available in its area;

(g)     delegate to the Director of Finance and Resources in consultation with the Director of Planning and Environment and the Executive Portfolio Holders for Policy, Strategy and Finance and Strategic Planning and Environment, the decision on whether or not to accept an offer of transfer of land in payment or part payment of a CIL liability;

(h)    approve the delegation of the discretionary powers set out in Appendix E to the Director of Finance and Resources with the exception of the power to issue a CIL Stop Notice under Regulation 89 which shall be delegated to the Director of Finance and Resources in consultation with the Director of Planning and Environment and the Executive Portfolio Holders for Policy, Strategy and Finance and Strategic Planning and Environment;

(i)      delegate the power to take proceedings in relation to any CIL offence to the Solicitor to the Council;

(j)      authorise the post holders specified in Appendix F for the purposes of CIL Regulation 109; and

(k)     delegate power to the Director of Planning and Environment to amend the list of posts at Appendix F.

(3)       Schedule of Individual Executive Decisions

The minutes of the meeting of the Executive held on 4 March 2013 and 15 April 2013 were presented to the Council, together with a schedule of decisions made by individual Executive Members. 

RESOLVED that:-

(a)       the minutes of the Executive meeting held on 4 March 2013 (reference papers) be received;

(b)       the minutes of the Executive meeting held on 15 April 2013 (reference papers) be received;

(c)       the recommendation of the Executive contained in minute 12(3): decision number 2012/13-179 of 15 April 2013 regarding the Adoption of Fareham Borough Council Community Infrastructure Levy to:

(a)     approve the Community Infrastructure Levy Charging Schedule as set out in Appendix B for Implementation from 1^st May 2013;

(b)     approve for publication the 'Regulation 123 List' as set out in Appendix C to the report;

(c)     agree the arrangements for payment of Community Infrastructure Levy by instalments as set out at Appendix D to the report;

(d)     delegate to the Director of Finance and Resources, in consultation with the Executive Portfolio holder, the authority to publish a revised instalments policy;

(e)     not make Exceptional Circumstances relief available in its area;

(f)      not make Discretionary Charitable Relief available in its area;

(g)     delegate to the Director of Finance and Resources in consultation with the Director of Planning and Environment and the Executive Portfolio Holders for Policy, Strategy and Finance and Strategic Planning and Environment, the decision on whether or not to accept an offer of transfer of land in payment or part payment of a CIL liability;

(h)     approve the delegation of the discretionary powers set out in Appendix E to the Director of Finance and Resources with the exception of the power to issue a CIL Stop Notice under Regulation 89 which shall be delegated to the Director of Finance and Resources in consultation with the Director of Planning and Environment and the Executive Portfolio Holders for Policy, Strategy and Finance and Strategic Planning and Environment;

(i)      delegate the power to take proceedings in relation to any CIL offence to the Solicitor to the Council;

(j)      authorise the post holders specified in Appendix F for the purposes of CIL Regulation 109; and

(k)     delegate power to the Director of Planning and Environment to amend the list of posts at Appendix F to the report, be agreed.

(d)       the schedule of decisions made by individual Executive Members be received.

To receive, consider and answer questions on reports and recommendations of the meeting of the Scrutiny Board held on 21 March 2013.

Note : the following recommendation is to be determined:

·                Minute 9(b) - the Council be informed that the Board considers that the call-in procedure is operating satisfactorily and that there are no reasons to suggest that the arrangements should be amended for 2013/14;

·                Minute 9(e) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

The minutes of the meeting of the Scrutiny Board held on 21 March 2013 were presented to the meeting.

On the Scrutiny Board's advice, the Council noted that the call-in procedure is operating satisfactorily and that there are no amendments recommended for 2013/14.

The recommendation of the Scrutiny Board contained in minute 9(e) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

RESOLVED that the minutes of the Scrutiny Board meeting held on 21 March 2013 (reference papers) be received.

To receive the minutes of the following Committees and to consider and answer questions on any reports and recommendations made.

(1)       Planning Committee             27 February 2013

(2)       Planning Committee             27 March 2013

(3)       Strategic Planning and         5 March 2013

Environment Policy

Development and Review

Panel

Note : the following recommendation is to be determined:

·                Minute 7(c) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

(4)       Streetscene Policy                 7 March 2013

Development and Review

Panel

Note : the following recommendation is to be determined:

·                Minute 6(c) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

(5)       Leisure and Community       6 March 2013

Policy Development and

Review Panel

Note : the following recommendation is to be determined:

·                Minute 9(c) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

(6)       Public Protection Policy        12 March 2013

Development and Review

Panel

Note : the following recommendation is to be determined:

·                Minute 6(d) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

(7)       Audit and Governance                       11 March 2013

Committee

Note : the following recommendation is to be determined:

·                Minute 6 - Latest Financial Regulations Updates - The Committee recommends to Council that the proposed changes set out in the report be approved.

·                Minute 11 - Motion Referred by Council - The motion referred from Council to the Audit and Governance Committee is not supported but the Monitoring Officer bring a report back to the Committee in one year's time to give an update on how the current arrangements are working with possible recommendations for improvement.

·                Minute 14(a) - the Council is asked to confirm the Panel's proposed work programme for 2013/14.

(8)       Health and Housing Policy  14 March 2013

Development and Review

Panel   

(9)       Licensing and Regulatory    19 March 2013

Affairs Committee

The minutes of the following Committee meetings were presented to Council:-

RESOLVED that:-

(a)       the minutes of the meeting of the Planning Committee held on 27 February 2013 be received;

(b)       the minutes of the meeting of the Planning Committee held on 27 March 2013 be received;

(c)       the minutes of the meeting of the Strategic Planning and Environment Policy Development and Review Panel held on 5 March 2013 be received;

(d)       the recommendation of the Strategic Planning and Environment Policy Development and Review Panel contained in minute 7(c) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

(e)       the minutes of the meeting of the Streetscene Policy Development and Review Panel held on 7 March 2013 be received;

(f)        the recommendation of the Streetscene Policy Development and Review Panel contained in minute 6(c) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

(g)       the minutes of the meeting of the Leisure and Community Policy Development and Review Panel held on 6 March 2013 be received;

(h)      the recommendation of the Leisure and Community Policy Development and Review Panel contained in minute 9(c) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

(i)        the minutes of the meeting of the Public Protection Policy Development and Review Panel held on 12 March 2013 be received;

(j)        the recommendation of the Public Protection Policy Development and Review Panel contained in minute 6(d) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

(k)       the minutes of the meeting of the Audit and Governance Committee held on 11 March 2013 be received;

(l)        the recommendation of the Audit and Governance Committee contained within minute 6 to approve the changes and updates to the Financial Regulations updates be confirmed;

(m)     the recommendation of the Audit and Governance Committee contained within minute 11 to note that the motion referred from Council to the Audit and Governance Committee regarding the proposed review of the elected members code of conduct is not supported but the Monitoring Officer bring a report back to the Committee in one year's time to give an update on how the current arrangements are working with possible recommendations for improvement, be agreed;

(n)      the recommendation of the Audit and Governance Committee contained in minute 14(a) regarding the Committee's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed;

(o)       the minutes of the meeting of the Health and Housing Policy Development and Review Panel held on 14 March 2013 be received;

(p)       the recommendation of the Health and Housing Policy Development and Review Panel contained in minute 7(c) regarding the Panel's proposed work programme for 2013/14 be accepted, and accordingly, the work programme for 2013/14 be confirmed; and

(q)       the minutes of the meeting of the Licensing and Regulatory Affairs Committee held on 19 March 2013 be received.

To answer questions pursuant to Standing Order 17.2 for this meeting.

There were two questions submitted under Standing Order 17.2 for this meeting.

Questions by Councillor R H Price, JP:

(a)       I understand that the Chief Officers and Senior Staff had a 3-day session with Consultants in the Civic Offices Will the Leader please advise me what the aims and objectives were of this 3-day discussion and the cost including the Consultants’ fees.

(b)       Will the Leader please advise whose idea it was to have a new corporate image and what consultation took place prior to its introduction? Can he also advise me of the total cost of this new image and from which budgets the money is being taken?

Verbal response by the Executive Leader:

(a)       I have been interested in a ‘systems thinking approach’ designed by the Vanguard Consultancy for some time. This approach seeks to improve services by reviewing and changing “systems” through the eyes of customers.

I asked the Chief Executive to investigate the potential benefits of adopting such an approach and he has had a number of informal discussions with representatives from the Vanguard Consultancy. It was felt that if the Chief Executive and Senior Managers were to fully understand the ‘systems thinking approach’ then it would be necessary to attend a three day familiarisation session. This took place in the Civic Offices from 18 to 20 March 2013 including a day with managers experiencing customer transactions on the ‘front line’.

The payment to the Consultants was £8,000 for the three days of training for 24 people. It has been agreed with the Consultants that this sum will be reimbursed if the Council decides not to implement a programme of ‘systems thinking’.

The Chief Executive is currently preparing a report for the Executive meeting on 13 May 2013 explaining the process and recommending the best way forward.

(b)       The Chief Executive Officer is responsible for the design and content of the Council’s communications, promotional and marketing material.

Councillors are not consulted on the design of Fareham Today, the Council’s website, Facebook pages, promotional leaflets, uniforms, power point slides or signage so it is not clear why Councillor Price feels that a consultation process should have taken place on the current branding. This is an operational matter.

For clarity, the current branding includes the use of a corporate colour schemeof ‘gradient blue’ and the words Fareham Borough Council. The Fareham Crest will continue to be used for Civic matters, events and committee reports.

There are no additional costs associated with the use of the current branding. There were no design costs as it does not include the use of a ‘corporate logo’. Officers have been instructed to use the new design as and when they replace signage, uniforms, vehicles etc, so there are no costs of simply replacing items just to introduce the blue branding.

As a result, we will see a combination of the new and the old image for a number of years.

There is no specific budget allocated for this purpose. Officers will continue to use the budgets already allocated for signage, uniforms etc.

Questions by Councillor P J Davies:

1.         Can the Leader state how many households in Fareham are affected by the reduction of the taxpayer funded 'spare room subsidy'?

2.         Can the Leader state what proportion this is of Fareham social housing households?

3.         Would the Leader confirm that the reduction of the taxpayer funded 'spare room subsidy' does not apply to those of pensionable age?

4.         Would the Leader agree that the revised Housing Benefit changes bring social housing tenants in line with the already existing Housing Benefit Policy applied to tenants of private rented policies?

5.         Would the Leader agree that apart from the disabled, the vulnerable and those of pensionable age, Fareham Borough Council does not support those who have made a lifestyle choice to live on benefits, funded by the taxpayer and council taxpayer?

Response by the Executive Leader:

1.         There are 340 households affected, comprising 252 households that are under-occupied by 1 bedroom and 88 households by 2 bedrooms.

2.         The 340 households represent 8.6% of the total social housing stock within the borough, and 13% of the social housing tenants who are in receipt of housing benefit.

3.         I can confirm that the new regulations apply to working age claimants only; (note, working age includes anyone who is under the State Pension Credit age).

4.         I can confirm that, for claimants living in private sector accommodation, the size criteria rules already determine the maximum property size which housing benefit can meet, based on household composition. To ensure parity, the new regulations extended the size criteria rules to those of working age living in the social rented sector.

5.         For benefits that the Council is responsible for, the cornerstone of our policies is to help those who help themselves.  This was most recently emphasised in the policy agreed by the Executive to provide an “exceptional hardship fund” for Council Tax Support claimants.  Moreover, the Council’s has sought to incentivise work through its policies.  For example the Council Tax Support scheme has increased the amount people can earn before their benefits are reduced and retains the Extended Payment provision (where benefits are unaffected for 4 weeks after finding work). Beyond the welfare system, the Council has proactively sought to promote employment growth in the borough.  For example, the Council is working with the Solent LEP to encourage growth at the Solent Enterprise Zone and published one of the first EZ business rate relief policies in England.  Taking steps to stimulate economic activity in the town centre, and leading by example to promote apprenticeship opportunities are amongst the many other initiatives being taken.

Members will be informed, prior to the meeting, of any motion duly notified in accordance with Standing Order 15 but received after print and dispatch of the agenda.

Notice of Motion received 17 April 2013 by Councillor D J Norris

"I propose that this Council investigates the collection of food and vegetable waste with either a private contractor or with an adjoining council, to be implemented at nil or minimum cost to this Council.”

There was one motion submitted under Standing Order 15 for this meeting:

(1)       Notice of motion received 17 April 2013 by Councillor D J Norris:

“I propose that this Council investigates the collection of food and vegetable waste with either a private contractor or with an adjoining council, to be implemented at nil or minimum cost to this Council.”

Having been duly seconded by Councillor Fazackarley, the Mayor confirmed that as the subject matter of the motion came within the terms of the Streetscene Policy Development and Review Panel, the motion would stand referred without discussion to the Streetscene Policy Development and Review Panel for consideration.

To consider a report on the allocation of seats on committees and panels, following the recent changes to political groups

The Council received a report by the Chief Executive Officer, providing the calculations for political balance relating to the allocation of seats on committees and panels, following the recent changes to political groups. The report asks the Council to confirm the appointment of committee seats as well as the role of Chairman and Vice-Chairman for each committee refers).

RESOLVED that the Council:

(a)       approves the allocation of seats for the remainder of the municipal year 2012/13, as set out in Appendix A to the report; and

(b)       approves the nominations of the political groups to seats on committees, along with the nominations of deputies and the appointment of a Chairman and Vice-Chairman for each committee for the remainder of the municipal year 2012/13, as set out in Appendix B to the report.