Democracy | Full Council – 21 February 2012

Full Council – 21 February 2012

Present
THE MAYOR – Councillor Keith Vickers

Councillors Ali, Allcock, Armitage, Bainbridge, Barker, J Briggs, Mrs Bromby, Bunyan, Carlile, Clark, Collinson, Davison, Eckhardt, Ellerby, England, Evison, L Foster, T Foster, Glover, Godfrey, Gosling, Grant, Jawaid, Kirk, Marper, Ogg, Oldfield, O’Sullivan, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, Swift, P Vickers, Waltham, Wardle, Wells, Whiteley and Wilson.

The council met at The Civic Centre, Ashby Road, Scunthorpe.

2074 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of personal interest were indicated as follows –

Member	Subject/Minute
Councillor M Ali	Licensed Hackney Carriage Driver
Councillor S Bainbridge	North Lincolnshire Homes – Board Member
Councillor J Briggs	Humberside Fire Authority – Member
Councillor I Jawaid	Humberside Police Authority – Member
Councillor Mrs E Redfern	North Lincolnshire Homes – Board Member
Councillor C Sherwood	North Lincolnshire Homes – Board Member
Councillor R Waltham	North Lincolnshire Homes – Board Member Humberside Fire Authority – Member
Councillor D Wells	Humberside Fire Authority – Member

Councillors M Ali, S Armitage, J Evison, K Vickers and P Vickers declared a personal and prejudicial interest in relation to Agenda Item Number 3 – Humber Bridge – Future Arrangements.

2075 BUDGET SPEECHES – It was moved by Councillor England and seconded by Councillor C Sherwood –

That in accordance with Procedure Rule D1.19(s) the Leader of the Council and the Leader of the Opposition be allowed up to 20 minutes to deliver their respective budget speeches.

Motion Carried

2076 (16) COUNCIL PRIORITIES AND FINANCIAL STRATEGY 2012/2016, REVENUE BUDGET 2012/2013 AND FINANCIAL PLAN 2012/2016, CAPITAL PROGRAMME 2011/2016 AND TREASURY MANAGEMENT AND STRATEGY REPORT 2012/2013 – The Chief Executive and the Director of Finance submitted reports relating to –

Council priorities and the financial strategy 2012/2016.
The revenue budget 2012/2013 and financial plan 2012/2016.
The capital programme 2011/2016
The treasury management and strategy report 2012/2013.

Each year the council decides its spending plans for the next financial year. This starts in April and the plans include –

A revenue budget to cover the day to day running costs of council services.
A capital programme of investment in buildings and infrastructure
A treasury management and investment strategy which says how it will invest its cash, both investments in assets or to help its cash flow and manage its debt.

Each of these issues was dealt with by a separate report. The budget is part of a long term financial strategy because the council needs to be sure its spending on services is sustainable. It must also ensure that its resources are deployed in the most effective way to deliver improved public services and to do so would increase efficiency. The paper on the council priorities and financial strategy for 2012/2016 considered some key issues and the implications namely –

The government’s deficit reduction plan for the public finances.
The scope to improve organisational performance and value for money.
Feedback from the public and other stakeholders on what they see as service and spending priorities.

That paper also considered the council’s long term priorities and set out a vision and strategic direction for the council – “putting our customers first.” It defined how the council would operate and the outcome it was committed to achieve for the people who live and work in the area. There were four key themes to the strategy –

To give excellent service to customers.
To provide value for taxpayers money.
To make communities stronger.
To regenerate the area and increase prosperity.

There is a legal requirement to set a revenue budget each year. The council had to decide the level of spending it could afford and must take account of how much government grant it would receive and the level of council tax it wished to set. The council must make sure that it sets a balanced budget – that it has identified adequate finance to pay for its spending plans.

The council also has a separate capital programme for longer term investment in services. This is spending on a construction and improvement of assets such as schools, roads and other council facilities. It can fund these from grant, borrowing, capital receipts from asset sales, or direct from revenue. The Prudential Code governs borrowing decisions and the council must ensure that borrowing to support investment is affordable and prudent over a longer term.

The council has also adopted the CIPFA Code of Practice for Treasury Management, the standard of best practice. This was revised in the light of the Icelandic Banking Crisis and the impact it had on local government investment. The code required the council to set a strategy for the investment of cash surpluses, the management of its debt portfolio, and to define how and in what circumstances it would borrow.

Each of the reports submitted by the Chief Executive and the Director of Finance dealt with council priorities and the financial strategy, revenue spending, capital investment and treasury management. Each report contained a great deal of detail in relation to those specific areas which, taken together, would enable the council to set a budget for 2012/2013.

Moved by Councillor Mrs Redfern and seconded by Councillor Briggs –

1 That the council approves the strategic priorities – ‘Putting Our Customers First’ – at Appendix 1 to report 2(a), and the pledges it contains

2 That the budget consultation feedback from local residents, business and other stakeholders be welcomed

3 That the revenue budget for 2012/13 be set in total and for each service as follows:

Budget	2012/13
Service	£

Adult Social Services	36,252,690
Capital Financing	13,466,380
Children & Young People’s Services	25,305,010
Contingency	2,808,000
Corporate Budgets & Levies	5,834,740
Corporate & Comunity Services	10,181,190
Finance Services	3,958,900
Infrastructure Services	16,584,520
Neighbourhood & Environment	15,522,770

	129,914,200

4 That all budgets be strictly cash limited to the figures set by the Council, and that services ensure tight control of expenditure during the year and take immediate action to contain cost pressures

5 That it be noted that at its meeting held on 22 November 2011 the council calculated the following amounts for the year 2012/13. These are as required by regulations made under Section 33(5) of the Local Government Finance Act 1992:-

(a) 52,087.2 as its Council Tax Base for the year [Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the “Act”)

(b) the Council Tax Base for each part of the area as shown in Appendix C, column 2

6 That the Council Tax requirement for the Council’s own purposes for 2012/13 (excluding Parish precepts) is £66,925,831

7 That the following amounts for 2012/13, as required by Sections 31 to 36 of the Local Government Finance Act 1992 as amended be approved

(a) £356,498,756 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils (gross expenditure including parish precepts and special expenses)

(b) £288,202,343 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act (gross income)

(c) £68,296,413 being the amount by which the aggregate at (a) above exceeds the aggregate at (b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act).

(d) £1,311.19 being the amount at (c) above Item R, divided by Item T (8.3(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts). (Band D council tax including parish precepts and special expenses)

(e) £1,944,612 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix C1) (Total of all Parish Precepts and Special Expenses)

8 That it be noted that for the year 2012/13 the major precepting authorities have issued precepts to the Council, in accordance with Section 40 of the Local Government Finance Act, 1992 (police and fire precepts)

9 That the amounts of council tax for the year 2012/13 for each of the categories of dwellings be as specified in revised Appendices C1 and C2 of report 2(b) attached. Having calculated the aggregate in each case of the amounts at 7 and 8 above in accordance with Section 31B of the Local Government Finance Act, 1992 as amended (council tax including police, fire and parish precept for each band and each parish)

10 That the robustness of the estimates used in setting the level of council tax in accordance with the Local Government Act, 2003 requirements (Part 2 Section 25 (1)(a) of the Act) be confirmed

11 That the adequacy of reserves included in the budget in accordance with the Local Government Act, 2003 requirements (Part 2 Section 25 (1) (b) of the Act), and the policy for use of reserves as set out in Section 3 and at revised Appendix A2 of report 2(b) attached be confirmed

12 That the financial strategy for 2012/16 as set out in revised Appendices B1 and B2 of report 2(b) be approved and indicative council tax levels be set at 1.75% in 2013/14, 1.75% 2014/15 and 1.4% 2015/16.

13 That the Director of Finance be authorised to produce the necessary taxpayer information

14 That the capital programme for 2011/16 be approved in line with revised Appendices A, B and C of report 2(c) attached

15 That any further capital projects fully funded by external sources or which are self-financing be added to the capital programme when known, subject to a proper assessment of the business case, and approval of the necessary virement

16 That in accordance with Part 1, sections 3 and 5 of the Local Government Act, 2003 the Prudential Indicators contained in revisedAppendix D of report 2(c) attached be approved

17 That the Director of Finance be authorised to determine the methods of capital financing within the available funding (revenue budget, capital receipts, borrowing, specific external funding and leasing)

18 That the Director of Finance be authorised, within the total authorised limit, and the total operational boundary, for external debt for any individual year, to effect movement between the separately agreed figures for borrowing and long term liabilities, in accordance with option appraisal and best value for money for the council. Any changes to be reported to cabinet or council as appropriate at the next meeting following the change

19 That the Director of Finance report any amendments required to Prudential Indicators during 2012/13, to cabinet or council as appropriate at the next meeting following the change

20 That the Treasury Management and Investment Strategy for 2012/13 be approved

21 That the list of approved financial institutions at Appendix C to the report at 2(d) be approved

22 That the prudential indicators for 2012/15 at revised Appendix D to the report at 2(d) be approved

23 That the policy on the Minimum Revenue Provision at paragraph 4.27 to the report at 2(d) be approved
Moved by Councillor Kirk and seconded by Councillor L Foster as an amendment –

1 That the council approves the attached strategic priorities as replacement to Appendix 1 of report 2(a)

2 That the budget consultation feedback from local residents, business and other stakeholders be welcomed

3 That the revenue budget for 2012/13 be set in total and for each service as follows:

BUDGET 2012-16	2012/13
	£

Adult Social Services	36,421,860
Capital Financing	13,435,350
Children & Young People’s Services	25,505,410
Contingency	2,979,920
Corporate Budgets & Levies	5,941,850
Corporate & Community Services	10,133,790
Finance Services	3,958,900
Infrastructure Services	16,796,680
Neighbourhood & Environment	15,364,770

	130,538,530

(a) 52,087.2 as its Council Tax Base for the year [Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the “Act”)

(b) the Council Tax Base for each part of the area as shown in Appendix C, column 2

6 That the Council Tax requirement for the Council’s own purposes for 2012/13 (excluding Parish precepts) is £66,925,831

7 That the following amounts for 2012/13, as required by Sections 31 to 36 of the Local Government Finance Act 1992 as amended be approved

(a) £357,059,638 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils (gross expenditure including parish precepts and special expenses)

(b) £288,763,225 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act (gross income)

(c) £68,296,413 being the amount by which the aggregate at (a) above exceeds the aggregate at (b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act).

(d) £1311.19 being the amount at (c) above Item R, divided by Item T (8.3(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts). (Band D council tax including parish precepts and special expenses)

(e) £1,944.612 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix C1) (Total of all Parish Precepts and Special Expenses)

9 That the amounts of council tax for the year 2012/13 for each of the categories of dwellings be as specified in revised Appendices C1 and C2 of report 2(b) attached. Having calculated the aggregate in each case of the amounts at 7 and 8 above in accordance with Section 31B of the Local Government Finance Act, 1992 as amended (council tax including police, fire and parish precept for each band and each parish)

10 That the robustness of the estimates used in setting the level of council tax in accordance with the Local Government Act, 2003 requirements (Part 2 Section 25 (1)(a) of the Act) be confirmed

12 That the financial strategy for 2012/16 as set out in revised Appendices B1 and B2 of report 2(b) be approved and indicative council tax levels be set at 3% in 2013/14, 3% in 2014/15, and 3% 2015/16.

13 That the Director of Finance be authorised to produce the necessary taxpayer information

14 That the capital programme for 2011/16 be approved in line with revised Appendices A, B and C of report 2(c) attached

16 That in accordance with Part 1, sections 3 and 5 of the Local Government Act, 2003 the Prudential Indicators contained in revised Appendix D of report 2(c) attached be approved

19 That the Director of Finance report any amendments required to Prudential Indicators during 2012/13, to cabinet or council as appropriate at the next meeting following the change

20 That the Treasury Management and Investment Strategy for 2012/13 be approved

21 That the list of approved financial institutions at Appendix C to the report at 2(d) be approved

22 That the prudential indicators for 2012/15 at revised Appendix D to the report at 2(d) be approved

23 That the policy on the Minimum Revenue Provision at paragraph 4.27 to the report at 2(d) be approved

Appendix 1

Labour North Lincolnshire

One Council: Serving All Communities

People

We will

Give the best start to our young people, support families, and enable vulnerable adults to live in an environment of their choosing, to meet their needs.
Work with partners to reduce crime and the fear of crime.
With partners, work to improve health and well being by providing leisure, cultural and fitness activities.
Be open with residents about council services and consult as widely as possible when necessary, to provide a needs led service.

Communities

We will

Work in partnership to provide services in North Lincolnshire.
Maintain and enhance the highway and footpath network including cycle paths.
Be open, fair and accountable in all our actions, while recognising the diversity of our communities.
Create an environment for investment and growth in established service and manufacturing markets while embracing new technologies.
Enable housing growth to meet the needs of our population.
Support and enable employees to deliver equality of service while achieving value for money for all taxpayers.

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the amendment are as follows –

FOR: Councillors Ali, Armitage, Bainbridge, Barker, Carlile, Collinson, Davison, Ellerby, L Foster, Godfrey, Gosling, Grant, Jawaid, Kirk, Oldfield, O’Sullivan, Swift, Whiteley and Wilson.

AGAINST: Councillors Allcock, Briggs, Mrs Bromby, Bunyan, Clark, Eckhardt, England, Evison, T Foster, Glover, Marper, Ogg, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham, Wardle and Wells.

ABSTAINING: Nil.

Amendment Lost
Motion Carried

(Councillors Ali, Armitage, Evison, K Vickers and P Vickers, having previously declared a personal and prejudicial interest in the following item – minute 2077 refers left the Chamber for the duration of the item).

Councillor Glover, the Deputy Mayor took the chair for the item on the Humber Bridge – minute 2077 refers.

2077 (17) HUMBER BRIDGE – FUTURE ARRANGMENTS – The Chief Executive submitted a report which indicated that the Humber Bridge Tolls were recognised as a barrier to economic growth in the region. The government had reviewed the future operation and financing of the bridge and had offered to write off £150m of the £332m outstanding debt related to the bridge. This would allow the tolls to be reduced by 50% to £1.50 for cars and so presented the region with a unique opportunity to take initiatives to resolve this position.

In accepting this offer the government required the councils in the area to underwrite the bridge’s debt and running costs and to revise the governance arrangements for the bridge. Traffic and financial modelling suggested that it was unlikely deficits would arise and so there should be no costs falling to the council, although a degree of risk remained. The report gave further details of the proposal and asked for council to formally approve the future governance and financial arrangements.

The report contained further details in relation to this matter including details about the current governance arrangements and representation from each of the councils in the area, suggestions for reforming the board, the many and varied financial issues and the commercial focus and cost control. It also referred to the potential risks associated with the proposal and contained details of the financial and other implications.

Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs –

“(a) That the acceptance of the government’s offer to write down the Humber Bridge debt by £150m be confirmed; (b) that the revised governance arrangements for the bridge be approved and (c) that the council agrees to underwrite 25% of any revenue deficit incurred by the bridge on the terms identified.”

Moved by Councillor Mark Kirk and seconded by Councillor L Foster as an amendment –

“(a) That the acceptance of the government’s offer to write down the Humber Bridge debt by £150m be confirmed, subject to clarification of certain details including interest rate and debt repayment periods; (b) that the revised governance arrangements for the bridge board be approved; (c) that the council agrees to underwrite 25% of any revenue deficit incurred by the bridge board on the terms identified; (d) that in the interests of North Lincolnshire residents, this council confirms its long term aim for the total abolition of tolls and the “writing off” of debts attributed to the Humber Bridge; (e) that the council notes the commitment of all four Humber Unitary Authorities to procure that the newly constituted Humber Bridge Board, as a matter of priority, seeks to implement arrangements whereby those citizens resident on the south bank of the River Humber, requiring necessary hospital treatment from the north bank, are not required to pay a bridge toll in any event, and (f) that authority be given to the Leader and the Chief Executive in consultation with the Leader of the Opposition to finalise all outstanding matters in ways to best protect and take forward the interests of residents of businesses in North Lincolnshire.”

Amendment Lost

At the request of members and in accordance with procedure rule 1.23(d) the names of members voting for, against and abstaining from the motion are as follows –

FOR: Councillors Allcock, Briggs, Mrs Bromby, Bunyan, Clark, Eckhardt, England, T Foster, Glover, Marper, Ogg, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, Waltham, Wardle and Wells.

AGAINST: Nil.

ABSTAINING: Councillors Bainbridge, Barker, Carlile, Collinson, Davison, Ellerby, L Foster, Godfrey, Gosling, Grant, Jawaid, Kirk, Oldfield, O’Sullivan, Swift, Whiteley and Wilson.

Motion Carried

(Councillors Ali, Armitage, Evison, K Vickers and P Vickers returned to the meeting)
2078 (18) FUTURE MANAGEMENT STRUCTURE OF THE COUNCIL – APPOINTMENT PROCESS – The Chief Executive submitted a report in connection with the future management structure of the council. He indicated that at the meeting of Cabinet held on 24 January, 2012, approval had been given to the future management structure but that it was the responsibility of council to determine the appointment process and the terms and conditions of the chief officers and deputy chief officers as defined in legislation and associated matters. Council was asked therefore to consider the appointments process, to consider the terms and conditions of Directors and Assistant Directors in accordance with the council’s pay policy requirements and to consider the designation of statutory chief officer posts as required.

Under the Officer Employment Procedure Rules it was a requirement that chief officers and deputy chief officers were appointed either by full council, or by a committee of council. The latter option was the usual option. It was proposed therefore that council establish an Appointment and Employment Committee to discharge on the council’s behalf (in line with the Officer Employment Procedure Rules) all the relevant functions. These related to the appointment, dismissal and associated decisions on terms and conditions, including the designation of statutory officers, arising from the restructure of the council’s senior management structure as approved by cabinet. The report indicated that the affected positions were –

(i) A statutory chief officer (as defined by Section 2(6) of the Local Government and Housing Act 1989);

(ii) A non statutory chief officer (as defined by Section 2(7) of the Local Government and Housing Act 1989), and

(iii) A deputy chief officer (as defined by Section 2(8) of the Local Government and Housing Act 1989).

In council terminology these were all Director and Assistant Director posts in the new structure approved by cabinet.

The committee as a committee of council had to be set up on a politically proportionate basis and at least one member of the executive (cabinet) must be a member of that committee. It was for council to determine the number of members on the committee.

The report also indicated that the council’s current review protocol would be followed as detailed in the report and that salaries of senior posts were a local issue to determine. Benchmarking of top jobs had been undertaken in the past. The council had always set the salaries at comparatively low levels and the last time senior salaries were set was by the Special Committee on Shaping the Council in June 2009. These determined the salary for the Director of Children’s Services and for the other Directors as detailed in paragraph 3.6. There was however a strong case that there should be some modest financial recognition of the new roles as the level of accountability and responsibility had increased. Comparative analysis showed that existing executive salaries were well below average and indeed below lower quartile. A table set out in the report showed the current and proposed salaries along with some regional comparisons.

The report contained further detailed information about the proposals and indicated that savings of £780,000 had been identified in the report approved by Cabinet.

Moved by Councillor England and seconded by Councillor C Sherwood –

“(a) That the Council establish an Appointment and Employment Committee with the terms of reference as detailed in paragraph 3.2 of the report and that the committee comprise three members of the ruling group and two members of the opposition group; (b) that the terms and conditions of the Directors and Assistant Directors as set out in paragraphs 3.7 and 3.8 of the report be approved; (c) that the Director of People be designated as the Director of Children’s Services and the Director of Adult Social Services, and (d) that the Appointment and Employment Committee be given full delegated powers in relation to all matters detailed in paragraph 3.2 of the report and any incidental issues arising from this process.”

Motion Carried

2079 (19) IMPLEMENTATION OF THE 2012/2013 PAY POLICY STATEMENT – The Director of Corporate and Community Services submitted a report which outlined and sought approval for the council’s Pay Policy Statement for 2012/2013, in accordance with Section 38 of the Localism Act 2011.

Local authorities were now required under section 38(1) of the Localism Act 2011 to prepare an annual Pay Policy Statement. The statement must set out the council’s approach to pay and reward of its most senior employees set within the context of the pay of the wider workforce.

Each local authority is an individual employer in its own right and had the autonomy to make decisions on pay that were appropriate to local circumstances and which delivered value for money for local taxpayers. The provisions of the Act did not seek to change this or to determine what decisions on pay should be taken. However, they did require individual councils to be more open about their policies in relation to pay and how decisions were made in this regard. The act required that Pay Policy Statements are produced annually and considered in an open session of full council. The first statement had to be published by 1 April 2012.

The council’s first policy was set in the context of the senior management review and accordingly reflected the new structure of ‘Chief Officer’ posts. As no appointments to the new structure had yet been made names could not be included along date or job titles published in order to meet the CLG Code of Recommended Practice for Local Authorities on Data Transparency. Published data on the council’s website would be updated to reflect the revised structure at an appropriate time.

The Act required that local authorities included in their Pay Policy Statements a number of details which were set out in paragraph 2.6. Section 40 the Act required authorities in developing their Pay Policy Statement to have regard to additional guidance including the CLG Code of Recommended Practice for Local Authorities on Data Transparency, and the Accounts and Audit (England) Regulations 2011.

The report contained further information in relation to the Pay Policy, details of which were attached as appendices to the report.

Moved by Councillor Mrs Redfern and seconded by Councillor Briggs –

“That the Pay Policy Statement for 2012/2013 be approved and adopted.”

Motion Carried

2080 (20) FUTURE ARRANGEMENTS FOR THE ‘STANDARDS REGIME’ – The Director of Corporate and Community Services submitted a report informing council of the key changes to the Standards Regime arising from the Localism Act 2011.

The Act contained wide ranging provisions for the reform of the existing Standards Regime and an in depth analysis of the key issues was detailed in the report at Appendix A. In summary, the Act –

Abolished Standards for England and the National Code of Conduct.
Removed the need to have a statutory Standards Committee with a prescribed Constitution.
Abolished the prescribed methods of dealing with complaints against members under the auspices of the Standards for England framework.
Removed the definitions, and declaration requirements, relating to personal and prejudicial interests.

Instead, the Act introduced a new regime the key features of which were –

A requirement that all councils, including Town and Parish Councils, adopt their own Code of Conduct, the content of which is at their discretion except that it must be consistent with the following 7 principles: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
A requirement that the Monitoring Officer establishes a register of members’ interests, including those of Town and Parish Council members, which is kept at the council’s offices and is available for inspection on its website.
A requirement for members to disclose “disclosable pecuniary interests” (yet to be defined in regulation) with a possible criminal sanction for not doing so.
A responsibility on the council to adopt its own “arrangements” for dealing with complaints that its members and those of Town and Parish Councils have failed to comply with the relevant Code of Conduct.
A requirement that an independent person(s) be appointed to primarily comment on any investigations for breach of the code.
Revised grounds for the granting of dispensations.

The functions and responsibilities that the council would be required to discharge under the new regime were non executive and must be approved by council, although the council could elect to delegate certain functions to committees such as a freshly constituted Standards Committee, or officers, such as the Monitoring Officer.

The Department for Communities and Local Government had confirmed, subject to regulation, that councils should have all necessary revised arrangements in place to take effect from 1 July 2012. This would mean that until this date the current Standards Committee would need to continue to discharge the existing standards regime. However, given that the council was required to approve and have its new arrangements in place by 1 July 2012, this effectively meant that such arrangements would need to be presented to full council for approval at the annual meeting on 15 May 2012. Accordingly, the reports sought approval for a number of propriety measures to be taken to progress the council’s readiness for implementation of its revised standards arrangements and foremost among these was the need to progress the recruitment of an independent person. Given the constraints of the terms of reference of the current Standards Committee, it was proposed therefore that a committee of council comprising some or all elected members of the current Standards Committee be established proportionately to oversee this process with a view to making a recommendation to council for appointment.

The report contained further detailed information in relation to this matter.

Moved by Councillor Mrs Redfern and seconded by Councillor Briggs –

“(a) That a committee of the council, comprising two members of the ruling group and one member of the opposition group from the current Standards Committee, be established to settle the necessary terms of appointment for the independent person(s) and to advertise, shortlist and interview and recommend an appointment to council and work with the Monitoring Officer to form recommendations to the council on the matters as detailed in paragraph 7.2 of the report, and (b) that the Monitoring Officer be instructed to prepare for council approval the following –

A draft Code of Conduct pursuant to Section 28 of the Act.
A draft register of members’ interests pursuant to Section 29 of the Act.
A draft set of arrangements pursuant to Section 28 of the Act, detailing amongst other things, the procedure the council shall adopt when dealing with standards complaints and the granting of dispensations, and
Such other recommendations as considered necessary arising from the report at Appendix A.”

Motion Carried

2081 (21) NORTH LINCOLNSHIRE HOMES – COUNCIL REPRESENTATION – The Director of Corporate and Community Services submitted a report which considered a request from North Lincolnshire Homes to reduce the number of council representatives on its board from 5 to 2.

On 17 January 2007, the council had resolved to transfer its entire housing stock and related assets to North Lincolnshire Homes. The transfer had been completed on 26 February 2007 when North Lincolnshire Homes took over responsibility for that housing stock and related assets.

The articles of association of North Lincolnshire Homes Limited provided that there should be 15 board members of which 5 should be tenant board members, 5 council board members and 5 independent board members. Since that time the council had continue to appoint on an annual basis 5 nominees to act as directors of the board.

The council had now been approached by North Lincolnshire Homes in relation to a number of issues, one of which was a proposal to reduce the number of board members to 12 of which 5 shall be tenant board members, 2 council board members and 5 independent board members. For this change to be validly made, a special resolution would be required to amend the articles of association of North Lincolnshire Homes Limited and this would require the proposal to be considered at an extraordinary meeting of that company. However, the council would need to consider their proposal and either agree or not to the proposed reduction in its board representation.

Moved by Councillor Briggs and seconded by Councillor England –

“That the proposed reduction from 5 council to 2 council members of the North Lincolnshire Homes board be approved.”

Moved by Councillor L Foster and seconded by Councillor Bainbridge as an amendment –

“That this council confirms the pledge contained within the transfer offer document to the tenants of North Lincolnshire Homes, that representation on the governing board will be based upon equal proportions of the constituent bodies, but expects that best practice and national operating guidelines recommend a management board of no more than 12 members, we therefore recommend to North Lincolnshire Homes the following –

The council accept a reduction to a 12 member board constituted as follows –

4 Independent Members

4 Tenant Members

4 Council Nominees – Comprising of 2 elected members and 2 other customers of North Lincolnshire Homes.

This solution would give the tenants and customers of the social landlord an in-built majority on the governing body.”

Amendment Loss
Motion Carried