25 06 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.

 

 

  

6.            REVIEW OF THE CONSTITUTION    

 

The Board considered a report of the Borough Solicitor (a copy of which is affixed in the Minute Book as Appendix "A") 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.

 

In conclusion the Borough Solicitor advised that given the above changes it had been necessary to make a number of consequential amendments to the definition of 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. 

  

 

(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

 

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.

 

 

The Board considered a report of the Borough Treasurer (a copy of which is affixed in the Minute Book as Appendix "B") 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).

 

A list of significant variances compared to the revised budget was shown in Appendix "A" to the Borough Treasurer's report.  Variances that were the result of asset rental changes were not included as they were offset by an entry within the Asset Management Revenue Account (AMRA) and hence had no direct effect on expenditure.  The revised budget included a transfer from reserves of £421,730 to balance the General Fund.  The required transfer from reserves to meet the actual net revenue shortfall as at 31 March 2003 was £593,350 and this had been met from the Capital Reserve (£423,620), which now had a zero balance, and from the working balance (£169,730), which now had a balance of only £330,270.  Any variances in Appendix "A" that were expected to recur in the current year would be included in budget monitors in due course.  The General Fund working balance had been reduced to £0.33m at 31 March 2003 and would be increased during the Council's budget process for 2004/05 as the approved strategy for balance restoration took effect.

 

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.

 

 

The Board considered a report of the Borough Treasurer, which advised of one Non-Domestic Rate write off and one Sundry Debtor write off which were un-collectable.

 

 

 

 

 

 

RESOLVED: That the write offs totalling £31,813.05 be approved.

 

 

 

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.

 

 

Consideration was given to a report of the Director of Development & Environment (a copy of which is affixed in the Minute Book as Appendix "C") 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.

 

 

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:

 

Tackling anti-social behaviour

Engaging with Communities

Race and Diversity

Drug Action across Hampshire

Tackling Domestic Violence

 

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.

  

 

The Board considered a report of the Regulatory Services Manager (a copy of which is affixed in the Minute Book as Appendix "D") 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.

 

 

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.

 

 

Consideration was given to an exempt report of the Director of Development & Environment (a copy of which is affixed in the Minute Book as Appendix "E"), 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.