Agenda and minutes

To receive and record any apologies for absence.

Apologies for absence were received from Councillors Briggs, Edwards, Kerrin, Pierce Jones, K Smith and Mrs E Shimbart.

To receive any declarations of interests from Members.

There were no declarations of interest from any of the members present.

To confirm the minutes of the last meeting held on 14 October 2015.

Proposed by Councillor Buckley and seconded by  Councillor Branson it was

RESOLVED that the minutes of the Council meeting held on 14 October 2015 be approved as a correct record.

There were no matters arising from the minutes of the last meeting.

There were no additional matters or questions raised in connection with the Mayor’s published report.

To receive questions from, and provide answers to, the public, provided they have been submitted in accordance with the requirements of Standing Order 13.4(f).

The following questions were submitted by Mr James Smith in accordance with the requirements of Standing Order 13.4(f):

1)           What work has been undertaken by the Council to assess and evaluate services within the Lots being delivered by Havant Borough Council employed-staff, under an in-house service improvement planning model?

2)           What Key Performance Indicators measuring the costs and quality of performance have been set for:

a)           Capita. To measure the costs and quality of its performance against the costs and quality of the service previously delivered by Havant Borough Council staff (e.g. Revenues and Benefits and Customer Services)?

b)           Any new provider. To measure the costs and quality of performance against the services presently delivered by Capita and previous to that, by Havant Borough Council staff?

3)           What guarantee can be given that the jobs, pay and conditions of staff presently employed by Havant Borough Council, will be retained at their current levels, if the work is outsourced?

4)           What measures are being taken to ensure in-house expertise is retained should a new provider fail in its contractual commitments?

5)           Broken down to its component parts (i.e. standard contract costs, charges and bonuses etc.), how much has Havant Borough Council paid Capita, year on year for the service Capita have delivered to the Council since the contract began? What are the transaction costs (to date) of the existing contract with Capita?

6)           Many residents care deeply about tax avoidance and tax evasion, particularly when increased government tax income could be spent on protecting the local government grant. What research has been and will be undertaken into potential contractors’ tax affairs?

The following responses were provided by Councillor Fairhurst:

Question 1

 It is the Council’s corporate strategy to make savings through commissioning our services from other organisations and Cabinet reviewed the options available for these services in reaching their decision to enter this tendering exercise in December 2014.

Question 2

a)    Current contract

In-year cash collection rate for Council Tax

In-year cash collection rate for Business Rates

Reduction in prior year arrears for Council Tax

Reduction in prior year arrears for Business Rates

Average processing time for Benefit new claims

Average processing time for Benefit change of circumstances

Average accuracy rate for Benefit new claims and change of circumstances

Value of Housing Benefit overpayment recoveries in-year

Reduction in prior year Housing Benefit overpayment debt

Percentage of telephone calls answered within 20 seconds

Percentage of correspondence received and processed by the Council and responded to within 10 days

Percentage of e-mails acknowledged within 1 working day

Percentage of face-to-face customers visiting the Council seen within 10 minutes

b) The KPIs for these services are the same as the current contract, although in some cases the proposed standards are higher.  The procurement process has not yet confirmed these standards.

Question 3

The employees transfer under TUPE and this gives them assurance that they will remain on their current contractual terms and conditions.

Question 4

We are maintaining some expertise in a shared  ...  view the full minutes text for item 47.

To consider the following recommended minutes from the Cabinet and any of the Boards or Committees (electronic links to committee reports are included).

(A)         Recommendation from the Cabinet meeting held on 18 November 2015 relating to the Council Tax Support Scheme 2016-17 (minute 201/11/2015 refers):

http://havant.moderngov.co.uk/documents/g9609/Public%20reports%20pack%2018th-Nov-2015%2014.00%20Cabinet.pdf?T=10

RECOMMENDED to full Council that the following be approved:

(1)    that the 2015/16 Council Tax Support Scheme is retained for 2016/17 but with the following amendments:

(i)            the Allowances and Premiums used in determining entitlement or working age claims are changed as set out in paragraph 5.3 of the Cabinet report; and

(ii)          the Non-Dependant deductions used in determining entitlement for working age claims are changed as set out in paragraph 5.4 of the Cabinet report;

(2)    that the necessary amendments are made to the Council Tax Support Scheme document and that it is then published in accordance with Local Government Finance Act 1992 Section 13A(2).

(B)         Recommendation from the Licensing Committee held on 16 September 2015 relating to proposed charges for Private Hire Vehicle Operator Licensing (minute 19/09/2015 refers):

http://havant.moderngov.co.uk/documents/s13444/Charges%20for%20Private%20Hire%20Vehicle%20Operator%20Licensing.pdf

RECOMMENDED to full Council that, there having been no representations in response to the consultation, the new charges be approved for implementation.

(C)         Recommendation from the Licensing Committee held on 16 September 2015 relating to the charges for Taxi and Private Hire Licensing (minute 20/09/2015 refers):

http://havant.moderngov.co.uk/documents/s13445/Charges%20for%20Taxi%20and%20Private%20Hire%20Licensing.pdf

RECOMMENDED to full Council that, there having been no representations received in response to the consultation, the new charges be approved and implemented for the financial year commencing 1 April 2016.

(D)         To consider any recommendations to full Council arising from the meeting of the Governance and Audit Committee held on 2 December 2015.

(A)         Councillor Wilson presented a recommendation to Council seeking agreement for the 2016-17 Council Tax Support Scheme (minute 201/11/2015 refers).

Proposed by Councillor Wilson and seconded by Councillor Branson, it was

RESOLVED that the following be approved:

(1)          that the 2015/16 Council Tax Support Scheme is retained for 2016/17 but with the following amendments:

(i)        the Allowances and Premiums used in determining entitlement for working age claims are changed as set out in paragraph 5.3 of the Cabinet report; and

(ii)       the Non-Dependant deductions used in determining entitlement for working age claims are changed as set out in paragraph 5.4 of the Cabinet report;

(2)          that the necessary amendments are made to the Council Tax Support Scheme document and that it is then published in published in accordance with Local Government Finance Act 1992 Section 13A(2).

(B)         Councillor D Smith presented a recommendation to Council arising from the meeting of the Licensing Committee held on 16 September 2015, seeking approval of proposed charges for Private Hire Vehicle Licensing (minute 19/09/2015 refers). 

Proposed by Councillor Smith and seconded by Councillor G Shimbart it was:

RESOLVED that, there having been no representations in response to the consultation, the new Charges be approved for implementation.

(C)         Councillor D Smith presented a recommendation to Council arising from the meeting of the Licensing Committee held on 16 September 2015 relating to charges for Taxi and Private Hire Licensing (minute 20/09/2015 refers).

Proposed by Councillor Smith and seconded  by Councillor Branson it was

RESOLVED that, there having been no representations received in response to the consultation, the new charges be approved and implemented for the financial year commencing 1 April 2016.

(D)      In the absence of the Chairman of the Governance and Audit Committee, Councillor Wilson presented a recommendation to Council on the grant of a Dispensation to Councillors (minute 10/12/2015 refers).

Proposed by Councillor Wilson and seconded by Councillor Buckley it was

RESOLVED that a Dispensation be granted to all Councillors to enable them to:

(i)            consider and determine the Council Tax base each year; and

(ii)          consider and determine Councillors Allowances each year.

These dispensations to expire on 30 May 2019.

(D)         In the absence of the Chairman of the Governance and Audit Committee, Councillor Wilson presented a recommendation to Council on proposed changes to the Council’s process for dealing with allegations (minute 11/12/2015 refers).

Proposed by Councillor Wilson and seconded by Councillor Sceal it was

RESOLVED that the Council’s process for dealing with allegations be amended as follows:

(i)            Reference to the “Governance Committee” be amended so as to read “Governance & Audit Committee”; and

(ii)               The procedure for hearings be amended to ensure that a separate process for hearings convened following an investigation be added as Appendix 3 to the process.

In addition to his published report, the Leader took the opportunity to encourage all Councillors to contribute to a project seeking to provide  Christmas presents for underprivileged children in the Borough.

There were no matters the Cabinet Leads wished to add to their published reports.

(i)                the Leader and Cabinet Leads to answer questions on matters within their respective reports.

(ii)           Chairmen to answer questions on minutes since the last Council meeting

The Cabinet Leads and Committee Chairmen answered questions from members in connection with their published reports.

To receive questions from Councillors in accordance with the requirements of  Standing Order 23.4(a).

The following question to Councillor Briggs was submitted by Councillor Cousins in accordance with Standing order 23.4(a):

Saturday Three Hour Free Parking

“Is the portfolio holder aware that when I checked the North Street, Havant, car park at mid-day out of 46 cars there 26 had bought a parking ticket?

Would he agree with me that this indicated a failure to communicate effectively with the public on this concession and that this proportion was no doubt replicated throughout the borough?

Would he agree that the small poster should have been enhanced by stickers adjacent to the tariffs and on the ticket machines this being where people look not at the bottom right hand corner of the display board.

Has he any idea of how many tickets were issued throughout the borough on this day as compared with a normal Saturday.

Even those I pointed out the poster to could not believe they were being offered something for free – especially from the Council.”

In Councillor Briggs’ absence the Leader responded by confirming that, in his view, every opportunity had been taken to publicise the scheme, including an article in Serving You, notices in car parks and promotional leaflets circulated throughout the Borough by the Economic Development Team.  He also suggested that some shoppers may have wished to park for longer than the free three-hour period and therefore would have purchased tickets accordingly.

To receive any urgent questions from Councillors submitted in accordance with the requirements of Standing Order 23.4(b).

There were no urgent questions.

To receive the following Notices of Motion submitted in accordance with Standing Order 14.1:

(A)         Motion proposed by Councillor Leah Turner and seconded Councillor Mike Fairhurst:

“On the occasion of the 70^th anniversary of the end of the Second World War, and subject to listed building consent, this Council agrees to add to the Council’s war memorial the names of those members of the Armed Services from the Borough of Havant who died in the service of this nation from 1945 to 2015.”

(B)         Motion proposed by Councillor Terry Hart and seconded by Councillor Beryl Francis:

In the light of the; APSE Deconstruction Report, Version 2 received by the Section 151 Officer from UNISON Regional Organiser; that this Council refer the ‘5 Council’s Joint Procurement’ back to the Cabinet for further clarification to Scrutiny and Council on how procedures, consultation, decisions and action by all councils involved in the joint procurement. In particular legality of decisions, transparency and recording lawfully for public access has been made.

That the following key issues be addressed within that clarification:

1.    Firstly, key or delegated decisions do not appear to have been taken or recorded lawfully. We understand that a project board has been formed and that this may contain both members and officers. We understand that this board cannot lawfully exercise delegated powers or make collective decisions.

i) Confirm on what basis this board was formed and;
ii)  what decisions this board has taken;
iii) Where these decisions are minuted and published and the legal basis for delegation of functions to this board?;
iv) Can you also confirm when the key or delegated decisions were recorded and what status in law these have?

2.    We understand that an inter-authority agreement has been made by the Council. i) Can you confirm when the Cabinet agreed to this and;
ii) Where the decision is minuted?
iii) Also what liabilities the Council has committed to?

3.    There appears to be a conflict of opinion in relation to the inter authority agreement. It is not clear whether each client would be responsible for delivering its own obligations (as stated within the consultants’ report) or whether at the end of the procurement process the authorities will jointly enter into the contracts with the successful supplier (as stated within the OJEU notice).

Can you clarify this point and confirm whether the authorities will enter into contracts on a purely joint basis or whether they will administer their own elements of the contracts?

4.    We understand that some level of consultation took place from 9 February 2015 to 9 March 2015 and a report was published on 23 March 2015. Please can you confirm how and when the Council has administered a public consultation on the proposals?

5.    If the consultation period that I have stated within point 4 is correct, the decision to go to tender had already been made in December 2014 and the OJEU notice was then published on 16  March 2015.  ...  view the full agenda text for item 54.

(A)         PROPOSED by Councillor Turner and seconded by Councillor Fairhurst it was

RESOLVED that the following motion be approved:

“On the occasion of the 70^th anniversary of the end of the Second World War, and subject to listed building consent, this Council agrees to add to the Council’s war memorial the names of those members of the Armed Services from the Borough of Havant who died in the service of this nation from 1945 to 2015”

(B)       The Council debated a Motion as set out in the agenda and proposed by Councillor Hart and seconded by Councillor Francis.  At the conclusion of the debate the Mayor consented to adjourn the meeting for an amended Motion to be tabled.

The meeting adjourned at 6.30pm and reconvened at 6.38pm.

Following the adjournment, and proposed by Councillor Hart and seconded by Councillor Francis, it was

RESOLVED that the following amended Motion be approved:

“That the APSE Deconstruction Report, Version 2 received by the Section 151 Officer from the UNISON Regional Organiser be referred by this Council to the Scrutiny Committee who will report on the 26th January 2016.”

The Council is requested to approve the draft Calendar of Meetings for 2016-17.

Proposed by Councillor Cheshire and seconded by Councillor Mrs Blackett it was

RESOLVED that the Calendar of Meetings for 2016-17 be approved.

To receive the following minutes of Committees held since the last meeting of the Council:

Governance and Audit Committee – 23 September 2015

Joint West of Waterlooville Major Development Area Planning Committee – 15 October 2015

Development Management Committee – 15 October 2015

Joint Human Resources Committee – 21 October 2015

Scrutiny Board – 10 November 2015

Cabinet – 18 November 2015

The minutes of meetings of Committees held since the last meeting of the Council were received.