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Agenda and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

59.

Announcements

1.       When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

       In the event of a fire any person with a disability should be assisted in leaving the building.  

 

2.       To receive any announcements from the Chair of the Meeting and/or the Chief Executive.

Minutes:

59.1          The evacuation procedure, as noted on the Agenda, was advised to those present.

59.2          The Deputy Mayor welcomed members of the Independent Remuneration Panel to the meeting.

60.

Apologies for Absence

Minutes:

60.1          Apologies for absence were received from Councillors R D East, J H Evetts, J W Murphy (Mayor), P W Ockelton, R J Stanley, S Thomson and R J E Vines.

61.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

61.1          The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

61.2          There  were no declarations of interest made on this occasion.

62.

Minutes pdf icon PDF 400 KB

To approve the Minutes of the meeting held on 6 December 2022.

Minutes:

62.1          It was proposed and seconded that the Minutes of the Council meeting held on 6 December 2022, copies of which had been circulated, be amended at Minute No. CL.57.1 to remove the wording ‘at the time of a national cost of living emergency’ on the basis that this simplified and distorted the debate which had taken place under separate business. 

62.2          The Corporate Director confirmed this was a simple amendment which could be made if Members were so minded; when summarising, it was often difficult to give a flavour of the debate without disclosing the confidential nature and the deletion of those words would be acceptable should Members feel it was appropriate.  A Member stated that he had mentioned the national cost of living emergency in the comments he had made during the debate so it was appropriate that be reflected in the Minutes.  In response, the Corporate Director explained that what had been said was not under question; however, as this was a summary to let the public know what decision had been made, what was missing was the further context.  In her view, the wording that was proposed to be omitted would not make a material difference in that respect as this was recorded in the full Minute under Separate Business.  Another Member expressed the view that the wording of the open Minute should remain unchanged as this was the main influence on the discussion that had taken place.  The proposer of the amendment felt that the open Minute in its current form was not balanced. 

62.3          Upon being put to the vote, the motion to amend the Minutes fell.  It was subsequently proposed, seconded and

RESOLVED           That the Minutes of the meeting held on 6 December 2022 be APPROVED as a correct record and signed by the Deputy Mayor.

63.

Items from Members of the Public

a)   To receive any questions, deputations or petitions submitted under Council Rule of Procedure.12.

 

(The deadline for public participation submissions for this meeting is Wednesday 18 January 2023).

 

b)   To receive any petitions submitted under the Council’s Petitions Scheme.

Minutes:

63.1          There were no items from members of the public. 

64.

Member Questions properly submitted in accordance with Council Procedure Rules

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated on Monday 23 January 2023.

 

(Any questions must be submitted in writing to Democratic Services by, not later than, 10.00am on Monday 16 January 2023).

Minutes:

64.1          There were no Member questions. 

65.

Member Allowances Scheme 2023/24 pdf icon PDF 140 KB

To determine the Scheme of Allowances to take effect on 1 April 2023 until 31 March 2024 having regard to the recommendations of the Independent Remuneration Panel.     

Additional documents:

Minutes:

65.1          The report of the Head of Democratic Services, circulated at Pages No. 12-21, asked Members to determine the Scheme of Allowances to take effect on 1 April 2023 until 31 March 2024 having regard to the recommendations of the Independent Remuneration Panel as set out in its report at Appendix 1.

65.2          The Deputy Mayor invited the Chair of the Independent Remuneration Panel to address the Council.  The Chair introduced the rest of the Panel members and thanked the Council for inviting them to present their report.  Over the years, the Panel had interviewed over half of the Council with 10 interviews taking place in October 2022.  The Panel had found those meetings very helpful in terms of gaining a better understanding of what Members did.  It was important to note that, Tewkesbury Borough Council’s Basic Allowances had historically been one of the highest, both locally and across the country; this had meant that, in recent years the Panel had been unable to recommend an increase.  Whilst Tewkesbury Borough Council’s Basic Allowance remained amongst the highest in the country, the Panel had recognised the impact of inflation and felt it was appropriate to recommend an increase of 4%, or £300, effective from 1 April 2023.  It was also recommended that the Special Responsibility Allowances increase by the same amount i.e. 4%.  The Dependant Carers’ Allowance had been increased in 2022/23 and a further increase was recommended for 2023/24 from £9.50 to £10.42 in line with the National Living Wage.  The Chair of the Panel thanked the Head of Democratic Services and the Democratic Services Officer for their assistance throughout the process and hoped that Members would feel able to adopt the recommendations of the Panel.

65.3          In proposing the recommendation in the report, the Leader of the Council indicated that he was very grateful to the Independent Remuneration Panel for the hard work which it carried out year on year with regard to this matter.  It was a complex and demanding task and he thanked the Panel on behalf of the Council.  In seconding the proposal, a Member indicated that he had been privileged enough to be interviewed by the Panel and commended the diligence of the process.

65.4          A Member noted that Tewkesbury Borough Council’s Basic Allowance was above average and he asked if that was still the case - the report appeared to suggest the gap was reducing but the Council remained in the top tier in terms of allowances paid.  In response, the Chair of the Panel confirmed Tewkesbury Borough Council’s Basic Allowance remained one of the highest but a substantial number of other Councils were now creeping up so, whilst the gap remained, it was smaller than it once was.  The Panel had been keen to acknowledge the impact of inflation and although it could not recommend an increase in line with that, a modest increase was felt to be appropriate.  In response to a query as to the demographics of the Members that had  ...  view the full minutes text for item 65.

66.

Appointment of Civic Heads for the Municipal Year

To recommend the appointment of Civic Heads for the Municipal Year 2023/24. 

66a

Mayor

It is usual practice that the current Deputy Mayor be appointed Mayor for the ensuing Municipal Year. 

Minutes:

66.1          Upon being proposed and seconded, it was       

RESOLVED           That Councillor Andrew Reece, be appointed Mayor for the ensuing Municipal Year.

66b

Deputy Mayor

To receive nominations for the appointment of Deputy Mayor for the ensuing Municipal Year.   

Minutes:

66.2          Upon being proposed and seconded, it was

RESOLVED           That Councillor Jill Smith be appointed as Deputy Mayor for the ensuing Municipal Year.

67.

Recommendations from Executive Committee

The Council is asked to consider and determine recommendations of a policy nature arising from the Executive Committee as follows:- 

67a

Medium Term Financial Strategy pdf icon PDF 233 KB

At its meeting on 4 January 2023 the Executive Committee considered the Medium Term Financial Strategy and RECOMMENDED TO COUNCILthat the Medium Term Financial Strategy 2023/24-2027/28 be ADOPTED.  

 

Additional documents:

Minutes:

67.1          At its meeting on 4 January 2023, the Executive Committee had considered the Medium Term Financial Strategy and recommended to Council that the Medium Term Financial Strategy 2023/24-2027/28 be adopted.

67.2          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 22-38.

67.3          The Chair of the Executive Committee proposed the recommendation and it was duly seconded.  Accordingly, it was

RESOLVED           That the Medium Term Financial Strategy 2023/24-2027/28 be ADOPTED.

67b

Treasury and Capital Management pdf icon PDF 150 KB

At its meeting on 4 January 2023 the Executive Committee considered the Treasury and Capital Management policies and RECOMMENDED TO COUNCILthat the following be ADOPTED:

·         The Capital Strategy 2023/24.

·         The Investment Strategy 2023/24.

·         Minimum Revenue Provision Statement 2023/24.

·      Treasury Management Strategy 2023/24.

Additional documents:

Minutes:

67.4          At its meeting on 4 January 2023, the Executive Committee had considered a suite of treasury and capital management documents and recommended to Council that the following be adopted: Capital Strategy 2023/24; Investment Strategy 2023/24; Minimum Revenue Provisions Statement 2023/24; and Treasury Management Strategy 2023/24.

67.5          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 39-72.

67.6          The Chair of the Executive Committee proposed the recommendation and the Vice-Chair seconded it.

67.7          In response to a query as to whether there was anything which Members should be made particularly aware of, the Head of Finance and Asset Management advised that the papers outlined the Council’s approach which was managed by the Finance Manager and her team and there was nothing which gave him any concern.

67.8          Accordingly, it was

RESOLVED           That the following strategies and statements be ADOPTED:

·        Capital Strategy 2023/24

·        Investment Strategy 2023/24

·        Minimum Revenue Provision Statement 2023/24

·        Treasury Management Strategy 2023/24 

68.

Code of Members' Conduct pdf icon PDF 216 KB

To adopt the Code of Members’ Conduct with effect from 1 February 2023. 

Additional documents:

Minutes:

68.1          The report of the Monitoring Officer, circulated at Pages No. 73-96, recommended a revised Code of Members’ Conduct following consideration by the Standards Committee and consultation with all Members.  The Council was asked to adopt the Code of Members’ Conduct, attached at Appendix 2 to the report, with effect from 1 February 2023.

68.2           In proposing the recommendation in the report, the Chair of the Standards Committee was pleased to be recommending to the Council a revised Code of Members’ Conduct for adoption with effect from 1February 2023.  Members would see from the report that the current Code of Conduct had been in effect since July 2012 and he was glad to say, that, having served on the Standards Committee for 10 years and been Chair for the past five years, it had served them well - Members were clear about what was required and there had been very few complaints of non-compliance by Borough Councillors.  Following a review of ethical standards in Local Government, the Committee on Standards in Public Life observed that the freedom of Councils to devise their own individual Codes of Conduct, rather than a national model, was potentially confusing for the public, particularly where substantially different Codes were adopted by authorities in the same geographic area.  Therefore, the Monitoring Officers for all Gloucestershire authorities had recognised the benefit of introducing a common Code of Conduct for use across all tiers of local government in Gloucestershire.  The Code attached at Appendix 2 to the report, which the Standards Committee was recommending for adoption, was the Code which the Monitoring Officers supported, with limited variation to reflect each Council’s governance arrangements.  It was very similar in content and style to the Council’s existing Code, but had been updated and took into account the model Code produced by the Local Government Association (LGA).  Gloucestershire County Council and Cheltenham Borough Council had recently adopted a version of this Code.  Following approval by the Standards Committee, all Councillors were consulted on the draft Code of Conduct and no concerns or suggested amendments were raised.  He therefore had no hesitation in recommending the Code for adoption.  Members would also note from the report that, following approval of the Code, the Monitoring Officer would be recommending adoption of a suitably amended draft to the Town and Parish Councils in the Borough.  The proposal was seconded by the Vice-Chair of the Standards Committee who echoed these sentiments.

68.3           A Member questioned who decided whether a Member was in breach of the Code of Conduct and what happened if the Members disagreed with the claim.  In response, the Monitoring Officer advised that this came under the procedure which had been adopted for complaints, much of which had been delegated to her as the Monitoring Officer.  She had the benefit of being able to consult two independent persons who were completely impartial in their view, and it would be a matter of judgement, taking into account the facts and circumstances of the case.  ...  view the full minutes text for item 68.

69.

Gloucestershire Statement of Common Ground pdf icon PDF 139 KB

To approve the Gloucestershire Statement of Common Ground.  

Additional documents:

Minutes:

69.1          The report of the Head of Development Services, circulated at Pages No. 97-134, asked Members to approve the Gloucestershire Statement of Common Ground as set out at Appendix 1 to the report.

69.2           In proposing the recommendation in the report, the Lead Member for Built Environment explained that the main purpose of the Gloucestershire Statement of Common Ground was to record the six District Councils’ agreement on matters which required a degree of co-ordination in local plan-making across the county.  The County Council and GFirst Local Enterprise Partnership (LEP) were also signatories to the Statement as they too had important roles in promoting growth and sustainable development.  The formal background to the Statement was the legislation which imposed a duty to co-operate upon local planning authorities and other key parties to maximise the effectiveness of activities in plan-making and any other supporting work where they could be considered to be strategic matters i.e. issues which may have a significant impact on at least two planning areas.  Being able to show the authorities had discussed, co-ordinated and collaborated with each other was a key legal requirement in submitting local plans for examination by the Planning Inspectorate, and one which Inspectors rigorously investigated.  The Statement of Common Ground was not itself a statutory document and did not itself set policies or bind the parties to specific courses of action; it was intended to be a living document which could be updated as necessary when circumstances and priorities changed over time. It also set the framework for individual agreements between neighbouring plan-making authorities on specific matters such as cross-boundary development sites and set out a commitment for an action plan on key areas of common interest – to be co-ordinated by the County Council – which would help draw together an overall picture of strategic planning for the county as a whole.  A draft Statement of Common Ground was first prepared by a Strategic Planning Co-ordinator in May 2020 on behalf of the Gloucestershire Economic Growth Joint Committee. Since that time, discussion had been ongoing at the Leaders’ Board which consisted of all District Council Leaders, the Leader of the County Council and representatives from the LEP.  The Statement included a series of 37 high level agreements dealing with a broad range of matters including addressing the climate and ecological emergencies, housing and economic needs, the Green Belt, transport, natural environment, health and social infrastructure, infrastructure delivery and minerals and waste.  Tewkesbury Borough Council had been active in those discussions and many actions which it had identified as important had been included or amended, for example, meeting housing needs; being careful to take into account potential impacts on communities; transport infrastructure and recognising the differences between urban and rural areas; and flood risk.  Appendix 3 of the Statement set out a list of areas that were not agreed by Tewkesbury Borough Council in the discussions. On balance, these were identified, not because they were not important issues, but because they were felt  ...  view the full minutes text for item 69.

70.

Separate Business

The Chairman will move the adoption of the following resolution:

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

Minutes:

70.1          The Deputy Mayor proposed, and it was

RESOLVED           That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely discussion of exempt information as defined in Part 1 of Schedule 12A of the Act. 

71.

Separate Minutes

To approve the separate Minutes of the meeting held on 6 December 2022.  

Minutes:

71.1          The separate Minutes of the meeting held on 6 December 2022, copies of which had been circulated, were approved as a correct record and signed by the Deputy Mayor. 

72.

Head of Paid Service Report

(Exempt –Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual) 

 

To consider a report from the Head of Paid Service.

Minutes:

(Exempt – Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to the financial or business affairs of any particular person (including the authority holding that information))

72.1          The Council approved a proposal from the Head of Paid service in accordance with the recommendation set out in the report.