Councillor K M H Lagan to move the following motion, duly seconded by Councillor S P Nunn. Please note that tracked changes have been applied to this Motion to assist identification of the proposed changes.
“To ensure best value and scrutiny is undertaken as part of the council’s park and waterfront asset management and associated operational processes, that the scheme of delegation to the Director of Service Delivery (DOSD) be amended as follows:
17 – Asset Management
(d) To negotiate
the terms of new leases, including interim and initial rent both at
market rent and in those cases where existing tenants have a
statutory right to call for a new lease on expiry of the current
term. The
Director of Service Delivery to provide options to the town ward
members who will review and determine the review of existing or
issuance of, and to authorise completion of such
new leases up to an annual value of £15,000
and duration not exceeding seven years.
(e)
Provide
detailed report options for determination by the towns ward members
In consultation with the Chairman or Vice-Chairman of the
Strategy and Resources Committee and the Leader,
as (d) above in relation to leases with an annual
value in excess of £15,000, but not exceeding £25,000,
or tenure in excess of 7 years but not exceeding 14
years.
Sections (d) and (e), the results of the recommendation by members to be ratified at Strategy and Resources Committee.
44. Operational issues relating to:
a) Parks and public open spaces including waterfront and Quays: To develop proposals and options for lettings and leases on buildings which must be referred to the Local Ward Member Review Group for determination.
b) Formal
recreation areas. The
development of proposals any any buildings therein
and for the letting of any stalls, kiosks
and other operations thereon including lettings such as funfairs,
circuses and other short-term lettings shall
be developed and submitted the Local Ward Member Group for
determination.
c)
To provide proposals to the local Ward
member review group on any community assets, including buildings,
structures etc) on any potential change of use from that intended
for determination. Sponsorship of
areas of land such as roundabouts released by the highway
authority.”
Minutes:
In accordance with Procedure Rule 4, the Chairman advised of a motion proposed by Councillor K M H Lagan and seconded by Councillor S P Nunn that had been received.
Councillor Lagan read out his Motion (as set out below):
To ensure best value and scrutiny is undertaken as part of the council’s park and waterfront asset management and associated operational processes, that the scheme of delegation to the Director of Service delivery (DOSD) be amended as follows:
17 – Asset Management
(d) To negotiate the terms of new leases, including interim and initial rent both at market rent and in those cases where existing tenants have a statutory right to call for a new lease on expiry of the current term. The Director of service delivery to provide options to the town ward members who will review and determine the review of existing or issuance of new leases up to an annual value of £15,000 and duration not exceeding seven years.
(e) Provide detailed report options for determination by the towns ward members as (d) above in relation to leases with an annual value in excess of £15,000, but not exceeding £25,000, or tenure in excess of 7 years but not exceeding 14 years. Sections (d) and (e),the results of the recommendation by members to be ratified at Strategy and Resources Committee.
44. Operational issues relating to:
a) Parks and public open spaces including waterfront and Quays: To develop proposals and options for lettings and leases on buildings which must be referred to the Local Ward Member review Group for determination.
b) Formal recreation areas. The development of proposals for the letting of any stalls, kiosks and other operations thereon including lettings such as funfairs, circuses and other short-term lettings shall be developed and submitted the Local Ward Member Group for determination.
c) To provide proposals to the local Ward member review group on any community assets, including buildings, structures etc.) on any potential change of use from that intended for determination.
Having read out his Motion Councillor Lagan referred to the version of his Motion printed on the agenda and how this had been amended by Officers. He thanked the Chairman for allowing his Motion because it was going to be pulled and sent to the Performance, Governance and Audit Committee. He then provided some additional information regarding his Motion, highlighting its purpose to improve the collaborative working between Members and Officers and give opportunity to help change and shape the future of things in the District and local areas. Councillor Lagan invited Members to support his Motion because he felt it important for people of the District to see Members having an input in the decision making process.
The Chairman clarified that no changes had been made to the Motion, Officers had applied tracked changes to highlight the proposed changes to the Constitution.
In response to a comment, Councillor Lagan clarified that the purpose of his motion was to have more inclusive decision making. He explained that Ward Members knew their areas best and would bring knowledge and experience.
During the debate that following, Members discussed the proposed motion and a number of comments were raised, which included:
· that such matters currently went through the Strategy and Resources Committee with decisions being made in consultation with the Leader of the Council and Chairman of that Committee.
· Current delegation arrangements were highlighted and how a Ward member if not a member of a particular Committee could attend and speak (with permission of the Chairman).
The Leader of the Council questioned whether there would be other areas of the constitution which would require amendment should this motion be approved, such as emergency powers. She asked the Legal Officer to give a view in terms of whether she felt there were any executive powers indicative in the motion or not. In response, the Senior Specialist: Legal advised that any ‘group’ as such referred to by Councillor Lagan would not have powers and a sub-group (for example) would have to be set up and given powers by the Council to make decisions and report back to the Council.
A number of Members supported the need for greater collaboration between Officers and Members, particularly the involvement of local Ward Members. However, it was pointed out that the through the Constitution the Council was sovereign and decisions could only be made if they came through the Council. It was commented that if the Council agreed the proposed group it would effectively be like giving them executive powers to make decisions on behalf of the Council.
Councillor A S Fluker expressed concern and proposed that the Motion be referred to the Performance, Governance and Audit Committee with a joint report to the Committee from Officers and Councillors Lagan and Nunn, in addition to review of the constitution by legal. This proposal was duly seconded by Councillor Lagan who made reference to the need to challenge the scheme of delegation and the importance to ensure that the public had faith in Members to make decisions.
Councillor Lagan confirmed that he was withdrawing his earlier proposal.
In response to a further comment from Councillor Lagan that the wording of his Motion had been changed, the Director of Strategy, Performance and Governance reiterated that no wording had been changed in the Motion.
The Chairman put the proposal in the name of Councillor Fluker to the council and this was duly agreed by assent.
RESOLVED that the Motion in the name of Councillor K M H Lagan and seconded by Councillor S P Nunn be referred to the Performance, Governance and Audit Committee. This Committee will then consider a joint report by the relevant Members and Officers, including a review of the constitution by the legal department.