A MEETING of the COUNCIL OF THE BOROUGH OF GOSPORT was held in the Council Chamber at the TOWN HALL, GOSPORT on WEDNESDAY, the NINTH day of JULY 2003 at 6.00 PM.
Also in attendance: Honorary Aldermen Mrs Bailey and Foster.
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ONE MINUTE'S SILENCE
In order to express their sympathy regarding the recent death of Councillor Michael Friend, Members of the Council stood in silent tribute for one minute.
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APOLOGIES
Apologies for inability to attend the meeting were submitted on behalf of Councillors Francis and Hook and Honorary Aldermen Flory, O'Neill and Rushton.
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MINUTES
RESOLVED: That the Minutes of the Annual, Adjourned Annual and Extraordinary Council Meetings held on 14 and 15 May and 25 June 2003 respectively be confirmed and signed.
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PRESENTATION OF BOROUGH COUNCIL PLAQUE
TO DR ANTHONY KNAPMAN
Councillor Allen formally introduced Dr Anthony Knapman to the Mayor and Members of the Council. The Mayor accordingly presented Dr Knapman with a Borough Council Plaque to recognise his long service as a General Practitioner in the Borough.
Dr Knapman replied briefly, thanking the Council for the Plaque.
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MAYOR'S COMMUNICATION
250TH ANNIVERSARY OF THE ROYAL HOSPITAL HASLAR
The Mayor informed the Council that the Leader of the Council had received a letter of thanks from Surgeon Captain Jarvis, Commanding Officer, Royal Hospital Haslar for the Council's generous donation to the Hospital's 250th Anniversary Celebrations.
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QUESTIONS PURSUANT TO STANDING ORDER 3.4
(A) Question No 1 standing in the name of Councillor Edgar on the subject of the setting up of illegal camps by the travelling community in Gosport was answered by the Chairman of the Community and Environment Board.
(B) Question No 2 standing in the name of Councillor Mrs Salter on the subject of the proposed Asylum Centre at Lee-on-the-Solent was answered by the Leader of the Council.
(C) Question No 3 standing in the name of Councillor Mrs Wright on the subject of the Members' Allowance increase was answered by the Leader of the Council.
(D) Question No 4 standing in the name of Councillor Allen on the subject of the Leader of the Liberal Democrats visit to a "Cannabis Cafe" in Worthing was answered by the Leader of the Council.
(E) Question No 5 standing in the name of Councillor Burgess on the subject of forthcoming planning applications to open "Cannabis Cafes" within Gosport Borough was answered by the Leader of the Council.
A MEETING OF THE COMMUNITY AND ENVIRONMENT BOARD
WAS HELD ON 9 JUNE 2003
The Mayor (ex-officio) (P); Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio) (P); Councillors Mrs Angus, Bone (P), Mrs Cully, Edgar (P), Edwards (P), Mrs Elshaw, Hook (P), Kimber (P), Train (P) and Wright (P).
It was reported that, in accordance with Standing Orders, notice had been received that The Mayor (Councillor Mrs I Binfield), Councillor Mrs Wright and M Russell would replace Councillors Mrs Angus, Mrs Cully and Mrs Elshaw respectively for this meeting.
PART I
9. NOMINATION OF REPRESENTATION ON OUTSIDE BODY–LRT DEVELOPMENT PANEL
RECOMMENDED: That The Mayor (Councillor Mrs Binfield), Councillors Edgar and M Russell be appointed as the Council's representatives to serve on the LRT Development Panel for the Municipal Year 2003-2004.
RESOLVED: That the recommendation contained in Minute No.9 be approved and adopted.
A MEETING OF THE POLICY AND ORGANISATION BOARD
WAS HELD ON 25 JUNE 2003
The Mayor (ex-officio) (P), Councillors Burgess (P), Cully (Chairman) (P), Bone (P),
Chegywn (P), Hook (P), Langdon (P), M Russell (P), Searle (P), Wright (P)
and Mrs Wright (P).
In accordance with Standing Orders the Borough Solicitor reported that Councillor Bone had been nominated to attend this meeting in place of Councillor Friend.
5. MINUTES
RESOLVED: That, the Minutes of the meetings of the Board held on 12 March and 15 May 2003 be approved and signed by the Chairman as true and correct records.
PART II
6. REVIEW OF THE CONSTITUTION
The Board considered a report of the Borough Solicitor on the review of the Constitution.
It was reported that since the Council had adopted its new Constitution in April 2002 a number of agreed amendments had been made to it. In addition the Borough Solicitor had reviewed the operation of the Constitution in 2003.
The first phase of the review had looked at the composition of the Overview and Scrutiny Committees and it was suggested that the Council should have two Overview and Scrutiny Committees – Policy Overview and Scrutiny Committee and Services Overview and Scrutiny Committee.
The Policy Overview and Scrutiny Committee would deal with the policy framework and financial (including audit) matters. It would also monitor and scrutinise the Constitution and have overall responsibility for the workings of Overview and Scrutiny and the relationship of Overview and Scrutiny to the Boards.
The Services Overview and Scrutiny Committee would deal with those matters not dealt with by the Policy Overview and Scrutiny Committee, including Best Value, Tender Evaluations and Service Provision.
It was advised that the Overview and Scrutiny Committees needed to meet on a more regular basis, say every 4-6 weeks. These meetings could be scheduled into the current programme of meetings. It was stated that if a decision was made not to scrutinise an item then there would be no guarantee that it would be referred back to the same Board meeting, it may well have to go to the next Board meeting.
policy framework and the scope of the Policy and Organisation Board's responsibilities on policy matters. These amendments were set out in Appendix 2 (No's 1,2,6 & 7). Proposed amendments had also been made to the delegated powers of the Personnel Sub-Board so that it could carry out personnel issues, these were detailed in Appendix 2 (No's 9 & 10). When incorporating any amendments agreed by Council the Borough Solicitor proposed to correct any minor typographical errors and update references to such matters as job titles, changes in responsibility of officers and any references to legislation.
RESOLVED: That –
(i) the Council's Constitution be amended in accordance with Sections 3,4,5 & 6 and Appendix 2 of the Borough Solicitor's report and be subject to any comments received from the consultation exercise with the Policy and Organisation Overview and Scrutiny Committee and the Conduct and Standards Committee;
(ii) the comments received so far on the operation of the Constitution, as
outlined in Appendix 3 of the Borough Solicitor's report, be received; and
(iii) the Policy and Organisation Overview and Scrutiny Committee and the
Conduct and Standards Committee be consulted on the proposed
amendments to the Constitution as outlined in Appendix 2 of the
Borough Solicitor's report.
7. BUDGET STRATEGY 2004/05
Consideration was given to a report of the Borough Treasurer concerning the timetable and mechanisms to be adopted for the preparation of the Council's budget for 2004/05.
It was reported that the Council had to prepare a budget for General Fund services in order to ascertain the amount required to be raised from Council Tax payers. Budget preparation would commence in July and would incorporate requirements which resulted from other Council strategies e.g. Housing and Capital strategies, Community Strategy, Corporate Plan and Best Value action plans, most of which would be considered by Boards during the Autumn. It was anticipated that any agreed public consultation should be conducted early in the autumn in order to feed into the process of building up the budget.
As eventual spending levels were largely limited by the level of Government grant support which would not be known until December, it would not be appropriate to debate budget bids/requirements until January. Boards would then consider their budgets including new bids, the results of consultation and the government grant settlement with an idea of what was affordable. Council would consider the Policy and Organisation Board's proposal for the 2004/05 budget at its meeting scheduled for 4 February 2004.
Budget preparation would initially be in accordance with previous policy i.e. "zero-based" where appropriate, with only inescapable inflation provided for; fees and charges increased where possible; and, new bids minimised (zero growth). The consultation process may produce proposals for service changes and these would be costed and considered by Boards in January. Maintenance proposals would be prioritised according to new asset management planning requirements.
The Board was advised that the following parameters were considered prudent and would be used in the build up of the initial budgets:
(a) General Inflation 2.5%
(b) Pay Awards 3.5%.
Whilst further improvements to Exchequer support were likely, pressures on Council Tax levels and reserves would continue, partly as a result of increased demand for statutory services such as Housing Benefits and Homelessness. The final accounts process for 2002/03 was nearing completion and a further deterioration in General Fund balances had resulted. This could probably be offset by 2004/05 through the policy to restore balances and reserves adopted as part of the 2003/04 budget, as long as finances did not continue to deteriorate in the current year. There was likely to be a statutory requirement to produce a balanced budget for 2004/05, with more formal consideration of levels of working balances.
RESOLVED: That the budget framework for 2004/05 as outlined in the Borough Treasurer's report be approved.
8. APPROVAL OF THE STATEMENT OF ACCOUNTS
The Board considered a report of the Borough Treasurer on the Statement of Accounts. It was reported that the draft copy of the Statement of Accounts (subject to audit) for 2002/03 had been circulated to each member of the Board prior to the meeting. The Accounts would be open for public inspection from 31 July to 27 August 2003.
The Revised Budget on the general fund for 2002/03 was £421,730. The actual shortfall on general fund was £593,350, an increase of £171,620. The largest single increase in expenditure against the revised budget was in respect of Council Tax Rebates and Housing Benefits (£207,010).
The Housing Revenue account was forecast to have a revenue deficit of £91,000 for 2002/03 which would reduce the account balance to £500,000 at 31 March 2003. The actual position for the year was a surplus of £123,868 which had increased the account balance to £714,360. The variation against the revised budget of £214,680 was due to two main factors. The under spend and subsequent financing of the Capital Programme for 2002/03 had meant that £198,000 of the budgeted HRA funding contribution had not been required and the general reduction in the net costs of operating the HRA of £16,680.
The Capital Programme for 2002/03 showed an under spend of approximately £1.006m against the revised programme budget of £5,484,000, almost entirely due to slippage which would be identified in Budget Monitors later in the year.
The Council's long term borrowing during 2002/03 has remained constant at £5.0m. The level of net temporary debt (reflecting the Council's short term cash flow management) had improved from a net debt position at 31 March 2002 of £0.7m to a net investment position of £3.7m at 31 March 2003. Other factors favourably affecting cash flow management included an improvement in arrears performance and the Capital Programme savings – both of which increased interest earnings on balances in 2002/03 and the current year.
The surplus on the collection fund, which reflected income from Council Tax and Non-Domestic Rates together with the spending requirements of Gosport Borough and Hampshire County Councils and the Hampshire Police Authority, had increased during the year to 31 March 2003 and further consideration would be given to this during the budget process for 2004/05.
RESOLVED: That –
(i) the Statement of Accounts for the financial year ending 31 March 2003 be approved; and
(ii) the variances detailed in Appendix "A" of the Borough Treasurer's report
be noted.
(NOTE: Councillor Chegwyn declared personal and prejudicial interests in the item below and withdrew from the meeting and took no part in the discussion thereon)
9. WRITE OFFS
The Borough Treasurer accordingly reported the following debts:
NNDR Write Off
|
Name & Address |
Date |
Charge
£ |
Reason |
|
Mr M Quanton – Davies,
Rowner Sports & Social Club,
Herrford Court,
Davenport Close,
Gosport |
12.02.01 –
08.01.03 |
13,953.83 |
|
|
|
|
|
|
Sundry Debtor Write Off
|
Name & Address |
Date |
Charge
£ |
Reason |
|
English Heritage,
Eastgate Court,
195-205 High Street, Guildford, GU1 3EH |
24.10.01 |
17,859.22 |
Legislation prevented recovery of costs of structural works carried out in August 2001. |
RESOLVED: That the write offs totalling £31,813.05 be approved.
(NOTE: Councillor Wright declared a personal interest in the item below)
10. DELEGATED POWERS – LOCAL TAX ADMINISTRATION AND COLLECTION
The Borough Treasurer submitted a report in the above matter.
RESOLVED: That pursuant to Section 223 of the Local Government Act 1972, Mrs Pat Brown be authorised to represent the Borough Council in the Magistrates' Court in all matters relating to the administration of, and proceedings for the enforcement of, Council Tax and National Non-Domestic Rate.
11. 'CLEANER GOPORT' BEST VALUE REVIEW
Consideration was given to a report of the Director of Development & Environment concerning the 'Cleaner Gosport' Best Value Review.
It was reported that the 'Cleaner Gosport' Best Value Review was thematic and had involved the examination of a variety of Council services which contributed to the
cleanliness of the Borough. 'Cleaner Gosport' was selected as a Best Value Review because feedback from residents indicated that cleanliness was important and impacted upon quality of life. It was also important in respect of tourism and the local economy and had community safety implications. Many of the Council's services that contributed towards 'Cleaner Gosport' were currently contracted out. The conclusions from this review would be integrated into the new contract specifications which would be based on a partnering approach.
During the 'Cleaner Gosport' Best Value Review the criteria for challenge, compare, consult and compete had been followed. Council Management Team had already examined this review and the resulting action and improvement plans, to ensure that a corporate and consistent approach had been taken. The role of the Board was to ensure that this review had been carried out in a robust and vigorous manner. A summary of the process and action plans was contained in Appendix "A" of the Director's report.
RESOLVED: That the 'Cleaner Gosport' Best Value Review be approved.
12. CRIME & DISORDER
The Board considered a report of the Director of Development & Environment on a proposed Community Safety Conference in July 2003.
It was reported that the Association of Hampshire and Isle of Wight Local Authorities would be organising this year's Community Safety Conference. The Director had been advised that this year's Conference would take place on 8 July 2003 at
St Mary's Stadium, Southampton at a cost of £45 per delegate. This year's Conference would have a key note address, and would consider the following issues:
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Tackling anti-social behaviour
Engaging with Communities
Race and Diversity
Drug Action across Hampshire
Tackling Domestic Violence
As in previous years, the Director proposed that three Members and two officers attend the above Conference on behalf of the Council. The cost of attending this Conference could be met from relevant Community Safety budgets. In addition as it appeared that this Conference was an annual event organised by the Association of Hampshire and Isle of Wight Local Authorities it was proposed that this Conference be added to the list of Approved Conferences.
RESOLVED: That –
(i) approval be given for three Members viz. The Mayor, Councillor Langdon and a Liberal Democrat Councillor to attend the Hampshire and Isle of Wight Local Authorities Community Safety Conference on Tuesday, 8 July 2003; and
(ii) the Hampshire and Isle of Wight Local Authorities Community Safety Conference be added to the list of Approved Conferences.
13. ENTERTAINMENT LICENSING POLICY
The Board considered a report of the Regulatory Services Manager on the Council's entertainment licensing policy.
It was reported that the Licensing Bill was currently before Parliament and was expected to become law by 2004. One of the key requirements would will be a duty to consult upon, and publish a statement of licensing policy. It was recommended that the interim licensing policy, attached as Appendix 1 to the Manager's report, be adopted as a statement of present position, which may in any case change in six months time.
The opportunity had been taken to develop a policy covering all aspects of entertainment licensing, public entertainment, door security registration and sex establishments in order to provide a comprehensive document.
Hampshire Police had been consulted on the draft policy and their comments had been taken in to account. The local licensing trade had also been consulted and were broadly in agreement with the proposals. More detailed consultation would take place with the trade and other stakeholders as liquor licensing was integrated into the document.
RESOLVED: That the Council's licensing policy as outlined in Appendix 1 to the Regulatory Services Manager's report and as recommended by the Regulatory Board on 20 May 2003 be approved.
14. EXCLUSION OF THE PUBLIC
RESOLVED: That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the under-mentioned items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 9 of Part 1 of Schedule 12 A of the Act.
15. GOSPORT SURE START – CAPITAL BUILDING PROGRAMME
Consideration was given to an exempt report of the Director of Development & Environment, which recommended a number of actions to progress the above scheme.
RESOLVED: That –
(i) the contents of the Director of Development & Environment's report be approved;
(ii) the Director of Development & Environment be instructed to proceed with the engagement of Consultants and Contractors within the time frame set out in his report; and
(iii) the Borough Solicitor be instructed to conclude the necessary legal documentation on the terms as outlined within Section 3 of the Director of Development & Environment's report or such other terms as agreed in consultation with the Chairman of the Policy & Organisation Board.
16. CCTV
Consideration was given to an exempt report of the Director of Development & Environment, which recommended acceptance of a tender for the maintenance of a Fareham & Gosport CCTV system on behalf of Fareham & Gosport Borough Councils.
RESOLVED: That –
(i) the Borough Solicitor be authorised to enter into a five year maintenance
agreement with the selected tenderer outlined in the report on behalf of
Fareham & Gosport Borough Councils, subject to Fareham Borough Council
agreeing to accept the tender; and
(ii) a copy of the Director of Development and Environment's exempt report be
forwarded to Fareham Borough Council.
17. COMMON LAND AT COURTS 12 – 16, ROWNER AND LAND AT THE REAR OF 28/30/32, VIAN CLOSE, BRIDGEMARY
Consideration was given to an exempt report of the Housing Services Manager on the above matter.
The Housing Services Manager's report sought the approval of the Policy and Organisation Board for the transfer of part of the Courts' common land at Rowner (areas 12-16) and the transfer of land at Vian Close, Bridgemary to Portsmouth Housing Association (PHA). The Housing Board had approved the terms of this proposal on 28 November 2001. The transfer of the common land at Courts 12-16 was dependant upon the simultaneous transfer of land at Vian Close as an overall financial package, which subject to the approval of the Board it was anticipated would be completed by the end of June 2003.
RESOLVED: That –
(i) the principle terms established by the Housing Board in November 2001 on the transfer of the specified pieces of land detailed in the report be ratified;
(ii) the transfer of the common parts of land at Courts 12 – 16 to Portsmouth Housing Association and the sale of the land at the rear of 28/30/32 Vian Close, for the sum detailed in the report to Portsmouth Housing Association be approved;
(iii) the recycling of 50% of the capital receipt received by the Council for the sale of land at Vian Close to Portsmouth Housing Association to enable the re-development of the site to provide (subject to planning consent) 5 bungalows for persons over the age of 55 be approved; and
(iv) the Borough Solicitor be authorised to enter into such legal documentation as was necessary to effect the proposals contained in the report and on terms and conditions recommended by the Council's Consultant Valuers.
18. TRANSFER OF LAND FROM PERSIMMON HOMES TO GOSPORT BOROUGH COUNCIL
Consideration was given to an exempt report of the Leisure and Amenities Manager, which recommended the transfer of land from the ownership of Persimmon Homes to Gosport Borough Council.
It was reported that following the completion of the first phase of housing development in Cherque Farm, Lee on the Solent, protracted negotiations between Persimmon Homes and the Borough Council had resulted in a commuted sum being agreed by both parties that was sufficient to maintain the areas of land "in perpetuity". In addition to this commuted sum a figure had been agreed that was sufficient to bring the areas concerned up to an acceptable standard.
RESOLVED: That the Borough Solicitor be authorised to enter in to such legal documentation as was necessary to effect the transfer of land from the ownership of Persimmon Homes to Gosport Borough Council.
19. GOSPORT BOROUGH FOOTBALL CLUB – PROPOSED 25 YEAR LEASE ON THE CLUBHOUSE AND GROUND
Consideration was given to an exempt report of the Leisure and Amenities Manager, which recommended the Council to enter in to an agreement for a 25 year lease on the Clubhouse and ground with the Gosport Borough Football Club.
RESOLVED: That approval be given to the Council entering into an agreement for lease and the contracted out lease with the Trustees of Gosport Borough Football Club on terms and conditions recommended by the Council's Head of Property Services.
RESOLVED: That Minute Nos. 5-19 (inclusive) of the meeting of the Policy and Organisation Board held on 25 June 2003 be received.
A MEETING OF THE COMMUNITY AND ENVIRONMENT BOARD
WAS HELD ON 9 JUNE 2003
The Mayor (ex-officio) (P); Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio) (P); Councillors Mrs Angus, Bone (P), Mrs Cully, Edgar (P), Edwards (P), Mrs Elshaw, Hook (P), Kimber (P), Train (P) and Wright (P).
It was reported that, in accordance with Standing Orders, notice had been received that The Mayor (Councillor Mrs I Binfield), Councillor Mrs Wright and M Russell would replace Councillors Mrs Angus, Mrs Cully and Mrs Elshaw respectively for this meeting.
6. APOLOGIES
Apologies for inability to attend the meeting were received on behalf of Councillors Mrs Angus, Mrs Cully and Mrs Elshaw.
7. CHAIRMAN'S OPENING REMARKS
(i) The Chairman welcomed Councillor Bone's return to the Board following
several weeks of ill-health.
in Aldershot where a number of local schools had participated. Although not winning any individual accolades, Gosport schools did win the overall competition for the 'Fair Play' award and were presented with a trophy to mark their success. Congratulations were extended to all those involved with the event.
8. MINUTES
RESOLVED: That the Minutes of the meetings of the Board held on 3 March and 15 May 2003 be approved and signed by the Chairman as a true and correct record.
PART II
(NOTE: Councillor Cully declared a personal interest in the item below)
10. AMENITY LIGHTING IN GOSPORT
The Regulatory Services Manager submitted a report seeking the Board's approval of amenity lighting schemes in Gosport to be match funded and recommended for promotion in the Hampshire County Council community safety lighting programme.
The Regulatory Services Manager outlined the design and maintenance issues together with the duties and powers of the County Council and Borough Council in
respect of lighting provision. Members were reminded of the criteria and weighting factors that had been previously approved, attached at Appendix 1 to the report, to assist in the prioritisation of potential amenity lighting schemes within the Borough.
Details of various requests for lighting, that the Council had received or that had been identified by officers and Members, were also appended to the report and subdivided into public and private areas. The criteria and weighting assessment had been applied to each to determine a priority, together with its estimated cost. It was recommended that lighting of private areas should only be considered a priority in exceptional circumstances where a wider public benefit was afforded because of the concerns of setting an unsustainable precedent and the implications of ongoing maintenance costs.
The County Council had a street lighting Community Safety Initiative that sought to improve street lighting in partnership with District Councils. Subject to the provision of match funding by the District Council, the County Council would fund half of the cost of a lighting scheme, or schemes, up to a maximum of £5,000 per annum.
The Borough Council had allocated £2,000 match funding in the 2003/2004 budget and the Regulatory Services Manager had identified schemes that might be promoted with that funding. Given the limitation of the £4,000 budget, not all schemes would be deliverable.
As the Amenity Lighting Schemes for Pettycot Crescent and the Dolphin Crescent Garage Area were the only public areas that could be implemented within the budget available, it was suggested that those schemes should be recommended for promotion in the County Council Community Safety Lighting programme.
However, Members expressed the view that schemes should be implemented in the priority order identified in Appendix 2 to the report and that a means of funding the works should be sought, such as carrying over funds from the current financial year to the next financial year or, if possible, implementing the works over two financial years.
RESOLVED: That
County Council in the priority order indicated as set out in Appendix 2 of the Regulatory Services Manager's report.
11. TRAFFIC REGULATION ORDER PROGRAMME 2003/2004
The Director of Development and Environment submitted a report seeking the Board's approval to a programme of Traffic Regulation Orders to be implemented in 2003-2004 with Hampshire County Council funding.
The Traffic Section identified the need for Traffic Regulation Orders mostly through correspondence with the public and Members and also where identified by the Police and officers. A need might also arise through new development or highway works although in those cases additional external funding was often available.
At present the Traffic Section had a list of fifty-six potential traffic regulation schemes requiring funding from the County Council budget, which had all been the subject of preliminary assessment and had been approved in principle by the Police who were responsible for enforcement.
Having regard to the budget and estimated costs, ten schemes were proposed for the 2003-2004 programme, as listed in Appendix A to the report, two of which were carried over from the 2002/2003 programme.
A substitute list of a further ten schemes was identified in Appendix B to the report. It was proposed that those schemes could be progressed should additional funding become available or if any of the priority schemes failed to proceed beyond detailed investigation or consultation. The remaining thirty-six schemes were shown in Appendix C to the report.
The Director of Development and Environment further reported on revisions to the Traffic Signs Regulations and General Directions 2002, whereby bus stop clearways prohibiting parking no longer required a Traffic Regulation Order and the associated formal statutory consultation. It was proposed that in future those schemes would be assessed and implemented by officers in consultation with Ward Councillors and would be the subject of informal public consultation where appropriate.
The Regulations now had no requirement for the provisions of signs in support of double yellow lines to indicate a prohibition of waiting at any time.
RESOLVED: That
progresses should further funding become available or other schemes fail to proceed; and
removes the need for traffic regulation orders for bus clearways and that future schemes should be assessed by officers in consultation with Ward Councillors
12. PROJECT INTEGRA ANNUAL BUSINESS PLAN 2003/2004
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