Agenda

Council - Tuesday, 8th November, 2022 7.00 pm

Venue: Council Chamber, BCP Civic Centre, Bournemouth BH2 6DY. View directions

Contact: Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Note: The Council meeting adjoiurned at 11:20pm. The reconvened meeting will be held on 5 December 2022 at 6.00pm 

Media

Items
No. Item

1.

Apologies

To receive any apologies for absence from Councillors.

2.

Declarations of Interests

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

3.

Confirmation of Minutes pdf icon PDF 598 KB

To confirm and sign as a correct record the minutes of the Meeting held on 12 July 2022.

4.

Announcements and Introductions from the Chairman

To receive any announcements from the Chairman.

5.

Public Issues

To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:

 

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

 

The deadline for the submission of a public question is 4 clear working days before the meeting.

The deadline for the submission of a public statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

6.

Petition - Public No Confidence Vote on BCP Leadership

Council is advised that a petition with 2,066 valid signatures has been received requesting that:

“We Council Tax payers have lost all confidence in BCP Council's leader and deputy and we call on them to resign now.”

In accordance with the Constitution a petition with 2,000 + signatures will be referred for debate at a meeting of full Council. The Council is asked to consider the petition and to determine next steps.

7.

Recommendations from the Cabinet and Committees

Please refer to the recommendations detailed below.

7a

Cabinet 27 July 2022 - Minute No 30 - Harmonising Community Infrastructure Levy pdf icon PDF 554 KB

RECOMMENDED that Council: -

(a)           Approve the proposed BCP CIL Instalment Policy;

(b)           Approve the proposed BCP CIL Payment in Kind Policy; and

(c)           Approve the BCP CIL Discretionary Relief Statement.

7b

Cabinet 27 July 2022 - Minute No 33 - Youth Justice Service - Annual Youth Justice Plan pdf icon PDF 138 KB

RECOMMENDED that Full Council approve the Annual Youth Justice Plan.

Additional documents:

7c

Audit and Governance Committee 28 July 2022 - Minute No. 117 - Treasury Management Monitoring Report pdf icon PDF 477 KB

RECOMMENDED that Council: -

(d)          approves the revised prudential indicators set out in table 9 of the report (‘Revised Treasury Indicators: limits to borrowing activity’);

Note – resolution (a), (b), (c) and (e) were determined by the Audit and Governance Committee

Additional documents:

7d

Cabinet 7 September 2022 - Minute No. 42 - Wessex Fields Site - University Hospital Dorset Link Road pdf icon PDF 744 KB

PLEASE NOTE: Should the Council wish to discuss the detail of Appendix A it will be necessary to exclude the press and public and move into confidential (exempt) session. If applicable, the following resolution should be moved:

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RECOMMENDED that Council:-

(a)      approve the budget increase as detailed in Confidential appendix A; and

(b)      approve this is funded from the council’s Futures Fund.

Additional documents:

7e

Cabinet 7 September 2022 - Minute No. 45 - Bus Service Improvement Plan (BSIP) Implementation pdf icon PDF 249 KB

RECOMMENDED that Council:-

(a)      subject to confirmation of an award, accepts the £8.9m Bus Service Improvement Plan funding for the period 2022/23 to 2024/25 from the Department for Transport; and

(b)      delegates delivery of the Bus Service Improvement Plan (BSIP) to the Service Director for Transport and Engineering in consultation with the Portfolio Holder for Sustainability and Transport.

7f

Cabinet 28 September 2022 - Minute No. 53 - Finance Strategy Update Report pdf icon PDF 361 KB

RECOMMENDED that Council:-

(d)      pending the presentation of new viable business cases, remove from the Capital Programme the debt commitments to the Winter Gardens and Cotlands developments; and

(e)      release the earmarked reserves as set out in Appendix C.

Note – resolutions (a), (b) and (c) were resolved matters by the Cabinet.

Additional documents:

7g

Cabinet 28 September 2022 - Minute No. 57 - BCP Community Safety Partnership Strategy pdf icon PDF 153 KB

RECOMMENDED that the BCP Community Safety Partnership Strategy be approved.

Additional documents:

7h

Cabinet 26 October 2022 - Minute No. 64 - Finance Strategy Update Report pdf icon PDF 321 KB

PLEASE NOTE: Should the Council wish to discuss the detail of Appendix B it will be necessary to exclude the press and public and move into confidential (exempt) session. If applicable, the following resolution should be moved:

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RECOMMENDED that Council:-

(f)        approve £1.9m of investment in 2022/23 in a specific transformation workstream in Children’s Services as set out in appendix A; and

(g)      approve the further release of earmarked reserves as set out in appendix C.

Note – resolutions (a) to (e) were resolved matters by the Cabinet

Additional documents:

7i

Cabinet 26 October 2022 - Minute No. 74 - Children's Services - Pay Review

PLEASE NOTE: Should the Council wish to discuss the detail of the report or any appendices it will be necessary to exclude the press and public and move into confidential (exempt) session. If applicable, the following resolution should be moved:

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RECOMMENDED that Option 5, as outlined in Appendix 2 to the submitted, be approved.

Additional documents:

7j

Audit and Governance Committee 27 October 2022 - Minute No. 148 - Review of the Council's Constitution pdf icon PDF 468 KB

RECOMMENDED that:-

(a)      in relation to Issue 1 (Powers of Head of Paid Service in relation to contracted workers), no changes be made to the Constitution;

(b)      in relation to Issue 2 (Standing to speak at Council and associated etiquette), the proposed amendments to the existing Procedure Rule 13.4 (page 4-49) and the insertion of a new Procedure Rule 6 (Duration of meetings) (page 4-37), be approved;

(c)      in relation to Issue 3 (Process for interpretation of Procedure Rules), the proposed amendments to the existing Procedure Rule 21 (page 4-54), be approved;

(d)      in relation to Issue 4 (Questions by Councillors at Council Meetings), the proposed amendments to the existing Procedure Rules 11.7 (page 4-42) and 13.5 (page 4-49), be approved;

(e)      in relation to Issue 5 (Arrangements for voting from the public gallery), no changes be made to the Constitution;

(f)        in relation to Issue 6 (Categories of officers falling within the definition of senior officers), the proposed amendments to the terms of reference for the Appeals Committee and the Investigation and Disciplinary Committee (pages 3-19 and 3-19), be approved;

(g)      in relation to Issue 7 (Thresholds/Levels of Financial Delegation), no changes be made to the Constitution;

(h)      in relation to Issue 8 (Public participation – Public Questions, Statements and Petitions), the proposed amendments to the existing Procedure Rules 12 (pages 4-42 to 4-48), be approved, subject to:-

i.       the exclusion of the proposed new rule 13.4.9 (page 4-43);

ii.      the exclusion of the proposed new rule 13.5.6 (page 4-44);

iii.    the exclusion of the proposed new rule 13.5.7 (page 4-45);

iv.    the exclusion of the proposed changes to existing rule 12.5.6 (page 4-45);

v.      the 100 word limit referred to in existing rules 12.4.4 (page 4-43) and 12.5.4 (page 4-44) being amended to read 120;

(i)        in relation to Issue 9 (Access to documents – Overview and Scrutiny Committees), the proposed amendment to the existing Procedure Rules 24.3 (page 4-17), be approved;

(j)        in relation to Issue 10 (Prevent Channel – Statutory functions), the proposed amendment to Part 2, Article 12 (Decision Making) (page 2-25), be approved;

(k)      in relation to Issue 11 (Co-opted and other non-Councillor members of Children’s Services Overview and Scrutiny Committee), the proposed insertion of paragraph 6.7.3 to Part 2, Article 6 (page 2-14) and Part 3A, paragraph 4.5 (page 3-13), be approved;

(l)        in relation to Issue 12 (Planning process governance issues), no changes be made to the Constitution;

(m)     in relation to Issue 13 (Voting by Councillors), the proposed insertion of paragraph 18.1 to existing Procedure Rule 17 (page 4-53), be approved;

(n)      in relation to Issue 14 (Attendance of councillors at meetings), no changes be made to the Constitution;

(o)      in relation to Issue 15 (Lead Members on Scrutiny), Part 2, Article 6 (Overview and Scrutiny), paragraph 6.4.2 (page 2-13) be amended to read:-

“Lead Members of the Cabinet may not be a member of Overview and Scrutiny Committees.”

(p)      in relation to Issue 16 (Eligibility for  ...  view the full agenda text for item 7j

Additional documents:

8.

Update on role of the Health and Wellbeing Boards in the Integrated Care System pdf icon PDF 153 KB

This report was prepared for the Health and Wellbeing Board seeking support to recommend to full Council an alteration to the terms of reference of the Board to incorporate responsibilities as the strategic board for the place-based partnership developing in the BCP Council area, as part of the Dorset Integrated Care System.

The Board meeting scheduled for 13 October 2022 was inquorate and unable to make the formal recommendation to full Council. Due to the urgency, this matter is being brought direct to Council for consideration.

It is RECOMMENDED that the terms of reference of the Health and Wellbeing Board be amended to include responsibilities as the strategic board for the place-based partnership developing in the BCP Council area, as part of the Dorset Integrated Care System.

9.

Review of the political balance of the Council, the allocation of seats on Committees to each Political Group, appointment of Councillors to Committees and appointments to Outside bodies pdf icon PDF 231 KB

The Council is asked to consider and approve the review of the political balance of the Council, the allocation of seats on Committees to each Political Group, appointment of Councillors to Committees and appointments to Outside bodies following Councillors Jackie Edwards and Andy Jones leaving the Conservative Group to be unaligned, and the result of the by-election in the Highcliffe and Walkford Ward.

10.

Homes for Ukraine Tariff pdf icon PDF 293 KB

BCP council claims a tariff of £10,500 per person for those who have arrived in the area via the Homes for Ukraine refugee resettlement scheme.

Financial regulations require full council agreement for acceptance of these funds, as well as agreement to spend these funds in line with the published grant conditions from government.

As the number of Ukrainian guests already in BCP is estimated to be around 523 in the year 2022/23 this involves a projected grant income of £5,491,500

This report sets out the purpose of the grant, the requests for acceptance of the funds, the authorisation to spend the funds and the delegation of future decisions on spending against this income. 

11.

Notices of Motion in accordance with Procedure Rule 9

A – Decarbonising Transport

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor F Rice and seconded by Councillor G Farquhar:-

‘In order to meet our climate emergency declaration, we will work to decarbonise the transport network in the BCP area in order to meet the government’s Net Zero Strategy.  In order to do this we will aim to meet the government’s vision of 50% of journeys within the BCP area to be done by walking, scooting or cycling by 2030, as per the government’s ‘Decarbonising Transport.  A Better, Greener Britain 2021 report’.

 

B - Clean Up Governance on Bournemouth, Christchurch & Poole Council

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor M Earl and seconded by Councillor V Slade:-

The Council notes:

Following a series of critical press appearances featuring BCP Council, we, as councillors, have a responsibility to clean up governance and start earning back residents’ trust.

The residents we represent and the staff who serve this council should be proud of BCP Council. The proposals in this motion seek to ‘clean up’ governance in our council by responding positively and collectively to key concerns.

1.   Council resolves to:

a.     Instruct officers to bring a report to Audit & Governance that reviews Part 5 on Financial Regulations - Appendix 1 EX10 ‘Appointment of Consultants’ of the Constitution with a view to reducing the threshold at which relevant Service Directors and Corporate Directors approve spend without a business case in place;

b.     Amend the constitution so it states that cabinet members cannot hold directorships of council related businesses;

c.     Invite the LGA or appropriate body to consider the constitution and make recommendations, particularly relating to governance, in conjunction with officers and members;

d.     Instruct officers to bring a report to council by March 2023 on options for alternative governance structures in BCP Council rather than a Leader, Cabinet & Cabinet Plus system.

2.   Council asks:

a.     That the Leader considers the appropriateness of holding both the position of Leader of the Council and Portfolio Holder responsible for the finance of this council.

 

C – White Ribbon Accreditation

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor L-J Evans and seconded by Councillor V Slade:-

White Ribbon UK was founded in 2005 and is part of a global movement to end male violence against women. It is a charity that works with men and boys to challenge attitudes that lead to harassment, abuse and violence. The need to change behaviour in order to avoid and prevent violence against women has never been clearer.

I would therefore like to propose that:

‘BCP Council explores options to become a White Ribbon Accredited organisation (www.whiteribbon.org.uk/organisations)  by forming a working group, completing the necessary training, developing an Action Plan and paying the appropriate Accreditation Fee to White Ribbon UK.’

 

The following Motion was  ...  view the full agenda text for item 11.

12.

Questions from Councillors

The deadline for questions to be submitted to the Monitoring Officer is 5 September 2022.

13.

Urgent Decisions taken by the Chief Executive in accordance with the Constitution

To consider any urgent decisions taken by the Chief Executive in accordance with the Constitution.