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Agenda and minutes

Venue: Council Chamber - Trinity Road

Contact: Democratic Services 

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Items
No. Item

69.

Apologies

To receive any apologies for absence.

 

The quorum for Council is nine Members.

 

 

Additional documents:

Minutes:

There were apologies received from Councillor Helene Mansilla.

70.

Declarations of Interest

To receive any declarations of interest from Members and Officers, relating to

items to be considered at the meeting.

Additional documents:

Minutes:

The Chair announced that a number of officers present employed by the Publica Group had a discloseable pecuniary interest and would leave the room before the start of Agenda Item 9.

 

There were no other declarations from Members or Officers present.

71.

Minutes pdf icon PDF 345 KB

To confirm the minutes of the meeting of Council held on Wednesday 20 September 2023.

Additional documents:

Minutes:

The minutes of Full Council on 20 September 2023 were considered as presented in the pack.

 

The Chair opened this item by highlighting that there were some errors with the voting records which had been subsequently corrected by Democratic Services in the online version of the minutes before the meeting.

 

Councillor Stowe tabled the following correction:

 

Minute Item 60 (Page 11):  It was highlighted that the figure of 2000 electors per Member should read 2600 electors per Member.

 

Councillor Fowles proposed to confirm the minutes and Councillor Neill seconded.

 

RESOLVED: That subject to the corrections being made, the minutes of the meeting on 20 September 2023 be approved as a true record

 

Voting Record – 30 For, 0 Against, 1 Abstention,  2 Absent/Did not vote

 

For

Against

Abstention

Absent/Did not vote

Angus Jenkinson

 

Jon Wareing

Helene Mansilla

Chris Twells

 

 

Andrew Maclean

Claire Bloomer

 

 

 

Clare Turner

 

 

 

Daryl Corps

 

 

 

David Cunningham

 

 

 

David Fowles

 

 

 

Dilys Neill

 

 

 

Gary Selwyn

 

 

 

Gina Blomefield

 

 

 

Ian Watson

 

 

 

Jeremy Theyer

 

 

 

Joe Harris

 

 

 

Julia Judd

 

 

 

Juliet Layton

 

 

 

Len Wilkins

 

 

 

Lisa Spivey

 

 

 

Mark Harris

 

 

 

Michael Vann

 

 

 

Mike Evemy

 

 

 

Mike McKeown

 

 

 

Nigel Robbins

 

 

 

Nikki Ind

 

 

 

Patrick Coleman

 

 

 

Paul Hodgkinson

 

 

 

Ray Brassington

 

 

 

Roly Hughes

 

 

 

Tom Stowe

 

 

 

Tony Dale

 

 

 

Tony Slater

 

 

 

 

*As there was a vacancy in the Lechlade, Kempsford and Fairford South Ward, the total number of Councillors was 33.

 

72.

Announcements from the Chair, Leader of Chief Executive

To receive any announcements from the Chair, the Leader of the Council and the Chief Executive.

Additional documents:

Minutes:

The Chair began by noting the number of events represented such as the Cotswold Active Mr Motivator Live Event, and thanked officers for their work in delivering this important work for improving the health and wellbeing of residents.

 

The Chair also noted the important community engagements attended in the capacity as Chair of Council which included the Cirencester Community Awards and the Service of Remembrance in Tetbury.

 

The Chair also noted upcoming events such as the Cotswold Network Community Christmas event in the Bingham Hall in Cirencester which brought a number of local organisations together to offer support to residents.

 

The Chair took the opportunity to wish all Councillors and residents a peaceful Christmas and a Happy New Year as this was the last Full Council of 2023.

 

The Chair then invited Councillor Joe Harris as Leader of the Council to make any announcements.

 

The Leader firstly wished to pay tribute to Councillor Clare Muir who had stood down from the Council on 7 November for personal reasons. The Leader wished to recognise the work that they had done which included being the Armed Forces Champion for the Council.

 

The Leader also wished to put on record thanks to Jan Britton as the Managing Director of Publica, who was leaving his role at Christmas. The Leader noted the work in delivering steady leadership of Publica and his work with Council leadership during a challenging period.

 

It was also announced that the Council had been offered a portrait of King Charles III which had been accepted by the Chief Executive which would be placed in the Chamber along with the three winners of the Council’s recent photo competition. The Leader also took the opportunity to wish King a happy 75th birthday.

 

The Leader also wished to pay tribute to Corinne Lamus from the Cirencester Community Development Trust who had passed away and for the legacy of their work in the community and the surrounding areas.

 

There was also an announcement on the Autumn Statement from the Chancellor of the Exchequer that this would be monitored particularly in relation to planning regulations around second homes which was highlighted as a problem in the District.

 

The Chief Executive was then invited to make any announcements.

 

The Chief Executive wished to highlight the importance of Councillors engaging with residents to encourage participation in the Council’s online Budget Consultation which would help to shape the Council’s decisions ahead of the Budget in February 2024.

 

There was also an announcement regarding the submission of the Stow-on-the-Wold and the Swells Neighbourhood Development Plan being subject to consultation until 5January 2024 before being reviewed by the Independent Examiner. 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

73.

Public Questions

To deal with questions from the public within the open forum question and answer session of fifteen minutes in total. Questions from each member of the public should be no longer than one minute each and relate to issues under the Council’s remit. At any one meeting no person may submit more than two questions and no more than two such questions may be asked on behalf of one organisation.

 

The Chair will ask whether any members of the public present at the meeting wish to ask a question and will decide on the order of questioners.

 

The response may take the form of:

a)    a direct oral answer;

b)    where the desired information is in a publication of the Council or other published work, a reference to that publication; or

c)    where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Additional documents:

Minutes:

There were no public questions.

74.

Member Questions pdf icon PDF 230 KB

A Member of the Council may ask the Chair, the Leader, a Cabinet Member or the Chair of any Committee a question on any matter in relation to which the Council has powers or duties or which affects the Cotswold District. A maximum period of fifteen minutes shall be allowed at any such meeting for Member questions.

 

A Member may only ask a question if:

a)    the question has been delivered in writing or by electronic mail to the Chief Executive no later than 5.00 p.m. on the working day before the day of the meeting; or

b)    the question relates to an urgent matter, they have the consent of the Chair to whom the question is to be put and the content of the question is given to the Chief Executive by 9.30 a.m. on the day of the meeting.

 

An answer may take the form of:

a)    a direct oral answer;

b)    where the desired information is in a publication of the Council or other published work, a reference to that publication; or

c)    where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

 

 

The following questions were submitted in advance of the agenda publication:

 

Question 1 from Councillor Jon Wareing to Councillor Tony Dale, Cabinet Member for Economy and Council Transformation

 

Could the Cabinet Member for Economy and Council Transformation please advise the Council about the outcome of the exploratory work officers were asked to do looking at off-site pay by cash facilities for people who can't or don't wish to pay by card, by phone or by app when using our car parks?

 

Question 2 from Councillor Gina Blomefield to Councillor Mike Evemy, Deputy Leader and Cabinet Member for Finance

 

We have seen the huge amount of building work being carried out on the Trinity Road premises to repair roof defects, install solar panels, office conversions and other improvements. Is this work on time and on budget?

 

Question 3 from Councillor David Fowles to Councillor Joe Harris

 

Could you confirm the cost of producing the October 2023 “Cotswold News”, including design, print and distribution via Royal Mail?

 

Please also confirm ALL officer time spent in preparing this publication?

 

Question 4 from Councillor Daryl Corps to Councillor Tony Dale, Cabinet Member for Economy and Council Transformation

 

On the 5th November this Council announced that it will be conducting a full study and review of its current car parks, working with local communities and parish councils to understand the current needs in each area. It also announced that it will look at what improvements car parks may need such as EV chargers.

So far, the Town and Parish Councils in my ward are reporting that the community reach out from CDC has been limited to one generic email! How does the portfolio holder intend to engage on such an important and fundamental part of Town and Parish life?

‘Working together’ is not done by a circular email or would anything more  ...  view the full agenda text for item 74.

Additional documents:

Minutes:

Member Questions and supplementary responses can be found within the attached document.

75.

Amendments to the Constitution pdf icon PDF 106 KB

Purpose

To consider proposals from the Constitution Working Group for

amendments to the Constitution to:

 

1.    Update the Council Budget Protocol

2.    Remove references to the now rescinded Recovery Investment Strategy from the constitution.

 

Recommendations

That Council resolves to:

1.    Authorise the Deputy Chief Executive to update the Council Budget Protocol [Part G, Appendix D] to reflect the change in political composition following the District Council elections in May 2023.

2.    Authorise the Deputy Chief Executive to remove references to the now rescinded Recovery Investment Strategy from the Council’s constitution.

Additional documents:

Minutes:

The purpose of the report was to consider proposals from the Constitution Working Group for amendments to the Constitution to:

 

1. Update the Council Budget Protocol

2. Remove references to the now rescinded Recovery Investment Strategy from the constitution.

 

The Leader, Councillor Joe Harris was then invited to introduce this report as the Accountable Member.

 

In proposing the recommendations, it was noted that the changes were largely administrative in order to reflect the new political composition and the effect of the decisions of Cabinet and Full Council to rescind the Recovery Investment Strategy in 2022. 

 

Councillor David Fowles then seconded the recommendations as a member of the Constitution Working Group and noted the important work the group continues to provide in updating the Constitution of the Council.

 

RESOLVED: That Council AGREED to:

1. AUTHORISE the Deputy Chief Executive to update the Council Budget Protocol [Part G, Appendix D] to reflect the change in political composition following the District Council elections in May 2023.

2. AUTHORISE the Deputy Chief Executive to remove references to the now rescinded Recovery Investment Strategy from the Council’s constitution.

 

Voting Record – 31 For, 0 Against, 0 Abstention, 2 Absent/Did not vote

 

For

Against

Abstention

Absent/Did not vote

Angus Jenkinson

 

 

Helene Mansilla

Chris Twells

 

 

Andrew Maclean

Claire Bloomer

 

 

 

Clare Turner

 

 

 

Daryl Corps

 

 

 

David Cunningham

 

 

 

David Fowles

 

 

 

Dilys Neill

 

 

 

Gary Selwyn

 

 

 

Gina Blomefield

 

 

 

Ian Watson

 

 

 

Jeremy Theyer

 

 

 

Joe Harris

 

 

 

Jon Wareing

 

 

 

Julia Judd

 

 

 

Juliet Layton

 

 

 

Len Wilkins

 

 

 

Lisa Spivey

 

 

 

Mark Harris

 

 

 

Michael Vann

 

 

 

Mike Evemy

 

 

 

Mike McKeown

 

 

 

Nigel Robbins

 

 

 

Nikki Ind

 

 

 

Patrick Coleman

 

 

 

Paul Hodgkinson

 

 

 

Ray Brassington

 

 

 

Roly Hughes

 

 

 

Tom Stowe

 

 

 

Tony Dale

 

 

 

Tony Slater

 

 

 

 

*As there was a vacancy in the Lechlade, Kempsford and Fairford South Ward, the total number of Councillors was 33.

 

 

76.

Programme of Meetings 2024/25 pdf icon PDF 88 KB

Purpose

To set a programme of Council and Committee meetings for 2024/25.

 

Recommendations

1.    Agree the programme of meetings from June 2024 to May 2025 as set out in Annexes A and B.

2.    Delegate authority to the Director of Governance and Development (Monitoring Officer), in consultation with Group Leaders, to make changes to the programme of meetings in the event that there is any future decision of Council to change the committee structure or committee remits that impacts the programme of meetings.

3.    Delegate authority to the Democratic Services Business Manager to set the meeting dates for the Performance and Appointments Committee.

4.    Delegate Authority to the Director of Governance and Development (Monitoring Officer) to set dates for member training and briefing sessions, any working groups established by the Council and any meetings of the Licensing Sub-Committee (Licensing Act 2003 Matters) and the Standards Hearings Sub-Committee (if required).

5.    Agree that, subject to any alternative proposals Council considers and agrees, meeting start times will be rolled forwards from 2023/24.

Additional documents:

Minutes:

The purpose of the report was to set a programme of Council and Committee meetings for 2024/25.

 

The Leader, Councillor Joe Harris introduced this item to Full Council as the proposer of the recommendations.

 

It was outlined that the Programme of Meetings would never be ideal for all councillor preferences, but that the programme would be a compromise for all.

 

The Leader noted that previously the Council like Gloucestershire County Council had held morning meetings but that this was not seen as best practice.

 

It was noted that many Members have employment and childcare commitments which evening meetings suit better.

 

The Leader in proposing this item also proposed the following amendment by the Liberal Democrat Group to the recommendations:

 

5. Agree that, subject to any alternative proposals Council considers and agrees, meeting start times will be rolled forwards from 2023/24. meeting start times as shown in Section 4.1 of the report except for meetings of the Overview and Scrutiny and Audit and Governance Committees which will start at 4pm.

 

6. Change the start time for meetings of the Overview and Scrutiny Committee and Audit and Governance Committee to 4pm with effect from their meetings in January 2024

 

Upon doing so, Councillor Twells raised a Point of Order in regards to the proposing of the original recommendations and the amended recommendations at the same time. The Director of Governance ruled that the original recommendations of the report should be proposed and then followed by amendments in the order as received. It was also confirmed that the Conservative amendment to this item had been received first, and would need to be considered first.

 

The Deputy Leader in seconding the original recommendations, welcomed the efforts by officers to avoid meetings falling on Gloucestershire school holiday dates where possible for those with families who wish to be on holiday.

 

Councillor Stowe then proposed an amendment to the motion which struck out recommendation 1 and 5 of the report and inserted the following replacement recommendation:

 

1.    Instruct Officers to revise Annex A and B with new meeting times so that no meeting time agreed by Full Council starts after 3pm and request that this revised programme of meetings be returned to January Full Council for approval.

 

The following points were then raised by Councillor Stowe:

 

·         It was outlined that some Members with employment and family commitments may not be able to make meetings starting later in the day. It was also noted that there were concerns with evening meetings in being able to attend Town and Parish Councils.

 

·         It was outlined that the proceedings of meetings were webcasted which means that residents could tune into meetings later in the day.

 

·         It was also noted that the work of officers to attend meetings outside of normal working hours needed to be considered.

 

Councillor Twells formally seconded the amendment and reserved his right to speak.

 

There were various comments around the organisation of meetings in the day, and the impact on participation opportunities for residents. 

 

It was  ...  view the full minutes text for item 76.

77.

Publica Review Report pdf icon PDF 188 KB

Purpose

To consider the Human Engine report and recommendations.

 

Recommendations

That Full Council resolves to:

1.    Approve the recommendations set out in the Human Engine report (that the majority of services are returned to the Council as per the detail provided on page 12 of the Human Engine report).

2.    Instruct the Chief Executive to oversee the creation of a detailed transition plan for subsequent agreement by Cabinet and Council.

3.    Endorse the approach to the further due diligence outlined in the financial implications of the report including analysis of the detailed payroll data required, which will be essential to calculate the short and long-term costs associated with the recommendations set out in the Human Engine report.

Additional documents:

Minutes:

The purpose of the report was to consider the Human Engine Consultants report and to approve the recommendations therein.

 

The Chair then asked those Publica officers who felt that they should leave the room to do so before Members discussed the item.

 

The Leader introduced the report and outlined the following points:

 

·         It was highlighted that this report has been seen by Cabinet, an private all-member briefing, a Special Meeting of the Overview and Scrutiny Committee meeting.

·         It was highlighted that in 2017, Publica as a company was set up by Cotswold District Council alongside Cheltenham Borough Council, West Oxfordshire District Council and the Forest of Dean District Council to share services and staff.

·         It was outlined that savings were made with staff rationalisation, and future pension liabilities regarding the Local Government Pension Scheme (LGPS).

·         It was highlighted that a Peer Review was undertaken in 2022 and provided recommendations regarding how the problems identified with the Publica service delivery model. 

·         It was highlighted that following the commissioning of a review conducted by Human Engine, it was recommended that the majority of services should be returned to the Council.

·         It was outlined that the present structure made changes to services difficult because of the shared ownership model and the governance structures within Publica.

·         The financial challenges for the Council were highlighted as a point to re-think how to deliver services efficiently and with less resources.

·         It was outlined that that the concerns of the Overview and Scrutiny Committee around the detail of the transition plan, whilst not fully detailed at this point, would be finalised in due course. It was also noted that the Overview and Scrutiny Committee would be involved in the process.

·         The Leader made it clear that the welfare of staff needed to be at the forefront of the work, and also stated that the proposal was not a commentary on the performance of staff. However, it was felt that the staff were being let down by the structures of Publica.

 

 

Councillor Blomefield then proposed the Overview and Scrutiny recommendations outlined in the supplementary document pack.

 

Recommend to Council that recommendation 1 in the report is amended to read:

 

‘Approve the recommendations set out in the Human Engine report (that the

majority of services are returned to the Council as per the detail provided on page

12 of the Human Engine report), subject to the completion of due diligence and the

agreement of the detailed transition plan’.

 

Councillor Blomefield then made it clear that the proposal did come with some risks, and would need a thorough and proper process for implementation.

 

Councillor Slater in seconding the amendment noted that the costs could be substantial and that a checkpoint in the transition processed was required in order to ensure it was not a blank cheque.

 

There were comments made regarding how this review was likely as the contracts for services were due to expire in 2024.

 

There was a question in regards to how coordinated the process  ...  view the full minutes text for item 77.

78.

Notice of Motions pdf icon PDF 131 KB

In accordance with Council Procedure Rule 12, the following Motions have been received.

 

Motion A: Council Finances

 

Proposed: Councillor Mike Evemy

Seconded: Councillor Tony Dale

 

This Council notes the declining health of local council finances across England and the financial failures of eight councils since 2018 as evidenced by the issue of Section 114 notices by their Chief Finance Officers, most notably Birmingham City Council, Europe’s largest local authority, which declared effective bankruptcy on 5 September 2023.

 

This Council notes that following the issue of Section 114 notices, the Secretary of State has appointed commissioners to the affected councils whose priority is to make decisions to bring their budgets into balance rather than to maintain services.

 

This Council notes its financial position including the use of £1.3 million in reserves in 2022/23 to balance its budget and its projected use of a further £0.86 million to do so in 23/24 and its establishment of a Financial Resilience Reserve for this purpose.

 

This Council recognises that it cannot continue to use reserves to balance its revenue budget and therefore instructs the Deputy Leader and Deputy Chief Executive to prepare a budget and Medium Term Financial Strategy that puts funds back into the Financial Resilience Reserve in 2024/25 and 2025/26 by delivering operating surpluses in those years.

 

It further notes the delays in the Government’s Fairer Funding Review which its advisers Pixel now expect to be implemented in 2026/27 and the potential reduction of £3 million in Government funding which that review could entail for Cotswold District Council.

 

The Council resolves to:

1. To write to the Secretary of State for Levelling Up, Housing and Communities including the contents of this motion and asking him for: (i) multiple year settlements for local councils to give them a more sound base on which to plan their finances; (ii) an overall real terms funding increase for councils in 2024/25 and beyond to prevent further councils declaring effective bankruptcy and enabling them to arrest, if not reverse, the decline in their services; and (iii) a commitment that the implementation of the Fairer Funding Review will not see councils facing reductions in their Government funding.

2. Request that a copy of this letter be sent to the Member of Parliament for the Cotswolds and the Local Government Association.

Additional documents:

Minutes:

Following the return to session and the return of officers who had left the room, the Chair then moved to the motion on the agenda.

 

Motion A: Council Finances

 

The Chair invited the proposer of the motion, Councillor Evemy to introduce it.

 

Councillor Evemy in proposing the motion to Council, made the following points:

 

  • It was noted that contrary to some commentary given, the Council was not close to bankruptcy but that there were financial challenges which needed to be faced as outlined in the Council’s Budget Consultation.
  • It was highlighted that 8 Councils had issued a Section 114 notice since 2018 which included Birmingham City Council which had lost control of its finances. It was noted that Councils nationally faced this challenge and that many Councils have indicated they may also face a S.114 notice.
  • It was noted that the financial pressures had forced the Council to use of £1.3 million of the finite reserves available to balance the 2023/24 budget and that it was currently projected a further £860,000 would be required to balance the 2024/25 budget.
  • It was noted that an increase of central government funding of 3% was outweighed against the backdrop of high inflation, and the upcoming Fairer Funding Review which is projected to result in a loss of £3 million of funding.
  • The request of the motion for multi-year settlements was outlined as key for planning the finances of the future, alongside a request to increase funding to maintain the current services provided by Councils.
  • It was noted that the request regarding the Fairer Funding Review was also important to protect District Councils and the services provided.

 

Councillor Dale as seconder reserved the right to speak until later in the debate.

 

Councillor Stowe was then invited to introduce amendment tabled to the Motion which was as follows:

 

(Amendment in red inserted before point 1 of the original Motion tabled)

Recognise the importance of financial prudence in delivering a balanced budget. Noting that any further funding from Government can only be paid for by the taxpayer nationally, it is important that this Council gets it's "Own House In Order" before requesting further funding. Council therefore instructs officers to implement the following 7-point plan, which as a package will generate significant savings and cash-flow with no impact on service provision:-

 

2 year freeze in Councillor’s allowances.

 

25% reduction in Councillor’s special responsibility allowances.

 

Cabinet to be reduced to 6 members.

 

Cross-party working group set-up to review all vacant staff posts with the CEO.

 

Future issues of “Cotswold News” to be scrapped.

 

Budget for Social Media “promotions” to be scrapped.

 

All purchases and procurement not directly related to the provision of mandatory services to be stopped.

 

Councillor Stowe in introducing the amendment to motion made the following points:

 

  • It was highlighted that the Conservative Group had highlighted concerns regarding spending by the Council which included spend on consultants and staff pay-offs
  • It was noted that the requests of the motion to deliver a surplus budget, ask for  ...  view the full minutes text for item 78.

79.

Next meeting

The next scheduled meeting of Full Council will be Wednesday 24 January 2024 at 2pm.

Additional documents:

Minutes:

The next meeting of Full Council was confirmed by the Chair to be on 24 January 2024.