Agenda and minutes
PDF 207 KBVenue: The John Meikle Room - The Deane House. View directions
Contact: Andrew Randell Email: a.randell@somersetwestandtaunton.gov.uk
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Apologies
To receive any apologies for absence. Minutes: Apologies were received from Councillors Hunt, Ms Lisgo, Mrs Lees, Mrs Prior-Sankey, Thwaites and Wheatley. |
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Minutes of the previous meeting of the Scrutiny Committee
To approve the minutes of the previous meeting of the Committee. Minutes: (Minutes of the meeting of the Scrutiny Committee held on 12 June 2019 circulated with the agenda)
Resolved that the minutes of the Scrutiny Committee held on 12 June 2019 be confirmed as a correct record. |
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Declarations of Interest
To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.
(The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.) Minutes: Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-
Additional interests were declared by Councillor Whetlor as a Watchet Town Councillor in relation to Item 6 on the agenda and did not take part in the debate, and Councillor Coles as a Somerset County Councillor and a Member on the Devon and Somerset Fire Authority Board.
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Public Participation
The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.
For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue. Minutes: Agenda Item 6 - Watchet Library Asset Transfer Negotiations.
Councillor John Irven made the following Statement:-
I am speaking about agenda item 6) Watchet Library Transfer and your officer’s report. I won’t repeat the information given when I spoke at last month’s meeting, rather justifying our repeated request to transfer the library without overage and pre-emption clauses based on conclusions now drawn by your own report.
Your para 8.2 states that “Previous advice supplied makes recommendations to include overage and pre- emption provisions within the Heads of Terms and documentation for the disposal, although there is an acceptance that the commercial terms may not be necessary where the transfer is to another public body bound by the same public accountability as SWaT. It is good to read that the use of a commercial overage clause is no longer considered necessary since WTC has identical accountability to SWaT and therefore overage can and should be removed. Para 8.3 states that Legal advice remains that the greatest level of protection for SWaT comes from at the very least a right of pre-emption in favour of SWaT. Protection for the community can be provided by either public body, thus it must be a decision for the council to consider who is best placed to ensure the continuation of the benefit for the community, either as a library or any other use in the future. Why should you remove the pre-emption clause? WLF and the Stoate family trust believe the Town Council through the additional protections we are proposing are best protecting the asset, both as a library and any potential future use for the trust’s beneficial owners, the people of Watchet - not SW&T who have demonstrated governance over asset management which has not been fit for purpose and only belatedly begun to understand your duties as trustees. WLF and the Stoate family will speak to this suitability and additional protection after me. There is nothing to prevent you and you should therefore remove pre-emption. If you refuse, I believe there is a reputational risk to the new Council and the new administration. SW&T will be accused of not wanting to protect the asset for the beneficiaries, but for the prospect of retaining a future potential financial gain that will be used for SW&T’s benefit, not that of the community. We ask that scrutiny recommend to SW&T to support our request to transfer without overage and pre-emption.
Mr Peter Murphy as the Chairman of Watchet Library Friends made the following Statement:-
Thank you for listening to me at your last meeting and thank you for agreeing to consider the future of Watchet Library today.
I explained the background to the situation previously and this is captured in your minutes so I will not repeat it again. I am delighted to inform you that today we are joined by a descendant of the original benefactor, who will also be addressing you shortly.
Watchet Library Friends support the ... view the full minutes text for item 18. |
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Scrutiny Committee Forward Plan
To receive items and review the Forward Plan. Minutes: (Copy of the Scrutiny Committee Forward Plan, circulated with the agenda).
Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.
Requests were made around the following items:-
· The number of families using the Food Bank in Somerset West and Taunton. · Post Offices and the ongoing plans in service delivery around the district. · Public Transport and Transport across the district. · Broadband coverage in rural areas.
Consideration of these requests would be given and passed to the relevant officers to report back.
Resolved that the Scrutiny Committee Forward Plan be noted. |
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Watchet Library Asset Transfer Negotiations Report of the Localities Manager (attached).
Minutes: During the discussion the following points were made:- · The update was welcomed and considered a positive result for the people of Watchet. Mr Stoate was commended by his detailed statement around the legal position.
Resolved that the Scrutiny Committee noted that the main obstacles had been overcome and were in favour of the transfer via the relevant legal mechanism. |
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Additional documents: Minutes: During the discussion, the following points were made:- · The report was welcomed and the request was made that resources and provision was made to address the priority of climate change. · To ensure the relevant expertise and knowledge were on the Climate Change Task and Finish Group Councillors requested that three representatives instead of two were selected from each councils. · Greater emphasis relating to environmental impacts of diet and food production was requested in the strategy. The area and terms of reference of food and farming on the strategy was still to be determined. · Clarification was given that the authorities involved in the strategy included Somerset County Council, Somerset West and Taunton, South Somerset, Mendip and Sedgemoor. · The Governance of the Strategy had been established from the working group. · Regular briefings would be provided to Councillors and to Full Council. · Further emphasis was requested to address the Impact to low income households of adopting green initiatives. Those most adversely effected were often the elderly and those on low incomes. · It was acknowledged that further work was required on engagement and communications.
Resolved that:-
1. That Scrutiny Committee note and endorse the scope, process, budget implications, governance arrangements and timescale associated with developing the joint Somerset-wide Climate Change Strategy, and related SWT-specific Carbon Neutrality and Climate Resilience Plan. 2. That Scrutiny Committee endorse the nomination of Councillor David Mansell and Councillor Loretta Whetlor to serve on the Joint Scrutiny Task and Finish Group, which will oversee development of the joint Somerset-wide Climate Change Strategy. 3. Urge Executive to request the mechanism to increase the membership from two to three to encourage political inclusion and broadening expertise taking into account urban and rural areas and the capacity of the group to deliver. 4. The Committee note the lack of reference to farming systems and diet implications in respect of the climate change strategy, and expects that it is considered in the drafting of the strategy.
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Additional documents: Minutes: During the discussion the following points were made:- · Mendip District Council remained the host authority for the SHAPE partnership and staff were employed by them. · The service was set up following an inter-authority partnership agreement. · Staff numbers included eight qualified lawyers, four locums, one legal assistant and one administrator. · The service sat under Councillor Henley Portfolio Holder for Resources. · A quarterly meeting was undertaken with client officers to ensure the service was performing to the agreed measures and any issued addressed. · Greater rationale was requested in how SHAPE would expand the business. · Due to budget pressures expansion of the business to take on new clients was considered commercially proactive. · External resources can be engaged in special instances where required. · Savings of 10% at WSC and 15% at TDBC had been set out at the start of the contract had been delivered. · There had been greater demands than anticipated from TDBC in years 1-3. · It was acknowledged there had been delays in legal feedback after issues had been identified in section 106 agreements. · Resources were being realigned to cater for Planning enforcement demand. · Professional liability indemnity insurance was picked up by Mendip district Council but this was factored into the contribution for the service. · It was recognised that with expansion of the service there was still the expectation of demand, but there were benefits in having a wider pool of lawyers along with increased income.
Resolved that:-
1. Noted the report and progress made to date 2. Endorses the development of growth and marketing plans that include promotional activities, identifying new clients and exploring opportunities for income generation at no additional cost to Somerset West and Taunton. 3. Noted that a review and recast of the partnership will take place before the end of the financial year to ensure that the partnership continues to support the strategic direction of the Council moving forward
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Statutory Guidance on Overview and Scrutiny in Local and Combined Authorities. Report of The Head of Performance and Governance (attached).
Minutes: During the discussion the following points were made:- · Clear rationale behind requests for items would need to be set out · What the committee looks at and how priorities were assessed would be a priority for informal Scrutiny meetings along with building in Governance reporting arrangements. · Requests for items to be considered would need to remain within the area of Corporate Aims. · The Scrutiny process would consider policy updates and existing policy’s being fit for purpose.
Resolved that:-
The Scrutiny Committee: 1. Work with the Executive to draft an Executive-Scrutiny protocol, which is then formally approved by the Scrutiny Committee and Executive and added to the Council’s Constitution. 2. Resolve that the Chair and Vice Chair meet with the Executive to discuss the Scrutiny Committee work programme. 3. Develop a work programme for the remainder of the Municipal Year which can be amended if any new or emerging issues arise.
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