Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllrs Jeff Cant and Pauline Batstone.

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests.

There were no declarations by members of disclosable pecuniary interests under the Shadow Dorset Council’s Code of Conduct.

To confirm and sign the minutes of the previous meeting held on 17 September 2018.

The minutes of the previous meeting held on 17 September 2018 were confirmed and signed.

To receive any public questions or statements on the business of the Shadow Executive Committee.

There were no public questions received at the meeting in accordance with Standing Order 28.

One public statement was received from Unison in relation to programme progress and in respect of recruitment.  The statement had been received by the Lead Member for HR & Workforce and the content had been taken into account.  A copy of the statement is attached to these minutes as an annexure and as there was not a representative of Unison in attendance at the meeting the document was displayed for everyone present at the meeting to view.

To consider the Forward Plan of the Shadow Executive Committee.

The Committee received the latest draft Forward Plan, which included all decisions to be taken throughout the Shadow Dorset Council period until 1 April 2019.

Noted

To consider a report by the Programme Director.

The Committee considered a report by the Programme Director which provided an overview of the Local Government Reorganisation Programme including workstream activity, continued progress in developing detailed plans, theme board activity, the first gateway review, change control arrangements, the delivery plan against the implementation phase of the programme, SWAP audit review of the programme, and convergence and transformation.  Work was also underway to address resourcing issues with the respective Section 151 Officers of sovereign councils.

Reference was made to the need for a ‘cross checking exercise’ to be undertaken, as identified in the SWAP audit report.  It was confirmed that there was a constant state of checking at this point of the programme with weekly highlight reports with risks issues and dependencies being reported to the Programme Board. 

In relation to the convergence timeline, and change control requests, clarification was provided that the position had developed since publication of the report and that it would run to the end of March 2019 instead of December 2018. It was also noted that this information would be addressed further as part of the Convergence and Transformation Task and Finish Group.

The alignment of convergence alongside the work of the Budget Working Group was raised as there was a need to validate financial savings assumptions and financial modelling for the delivery of the new council.  The Programme Director confirmed that this area of work was fast-paced and further detail would be considered by the Budget Working Group and Convergence and Transformation Task and Finish Group.

A range of clarifications and questions were raised on the individual workstream updates included within the Programme Director’s report which related to:

·         The development of the Phase 3 Transformation Plan, which had progressed since publication of the report, but further clarity about resources was required.

·         A coordinated approach to mitigate data disaggregation risk, which had moved on substantially since publication of the report.  The risk had subsequently been downgraded from red.

·         Identification of a single count venue after the Elections on 2 May 2019.  This was confirmed as Redlands Sports Centre in Weymouth on Friday 3 May 2018 (and Saturday 4 May for town and parish count). This would be more efficient than multiple count locations in terms of returning officer attendance, staffing capacity, and would be logistically easier to manage.

·         Work by CIPFA on financial analysis, which would hopefully be completed within the next couple of weeks and feedback would be provided in due course.

·         Clarification that the risk to staff pay would be minimised to all groups of employees as there was a plan to keep the existing pay systems in place pending sign off by HMRC in October 2018.

·         Clarification of the role of the theme boards which had been put in place to drive the service continuity workstreams of the programme.  Questions were also asked about the issues and risks facing the theme boards.  All status updates for the theme boards had moved on significantly since publication of the report.

·         It was confirmed that  ...  view the full minutes text for item 63.

To consider a report by the Lead Member for Finance.

The Committee considered a report by the Lead Member for Finance on the 2019/20 budget, future financial forecast and the strategic budgetary approach to enable the Dorset Council to deliver sustainable services.

Attention was drawn to savings required throughout 2019/20 and beyond, including stranded costs. The Budget Working Group would continue to address the budget challenges of the new council and further information would be shared with members as it was made available, which would include costs of the organisational design to deliver services. A particular request was received to illustrate the relationship between income derived from fees and charges against other income such as Council Tax.

Decision

1. That the current financial forecast for 2019/20 be noted and the strategy for balancing the budget of focusing on convergence savings be approved.

2. That the outline forecast for futures years and work being undertaken to ensure future financial sustainability be noted.

Reason for Decisions

To enable the development of budget proposals for 2019/20 that would set the foundations to creating a financially sustainable council.

To consider a report by the Lead Member for Planning.

The Committee considered a report by the Lead Member for Planning in relation to the future of local plans, which would see existing local plans transferred to Dorset Council as the statutory Development Plan from 1 April 2019, and the review process which would lead to a new council area Local Plan within five years of the reorganisation date.

The importance of making progress on local plans, in order to have an up to date basis for planning decisions, was emphasised.  In addition legal clarification was being sought in relation to housing land supply as a result of the creation of Dorset Council, and application of existing plans prior to the development of a new Plan.  The decision about how to progress local plan preparation would be one of the first tasks for the new Council after 1 April 2019.

Reference was made to the need for a plain English guide to be made available in due course to explain the arrangements to the public, and to share with town and parish councils at the earliest opportunity.

The Committee welcomed the report and thanked Cllr David Walsh, as the Lead Member for Planning, for his work in developing the position in relation to local plans.

Decision

1. That the current work on local plan reviews should continue until any decisions are made by the new Dorset Council about the future of local plans.

2. That the continuing status of the existing adopted local plans after the formation of the new council be noted.

3. That the essential need to progress local plan reviews in good time in future, and the risks associated with the various options for doing so, as outlined in the report be noted.

Reason for Decisions

To highlight the importance of maintaining progress on reviewing planning policy, and the decisions that needed to be made by the new Council about how this was achieved.

To consider a report by the Returning Officer.

The Committee considered a report by the Chief Executive (designate), as the Returning Officer for Dorset Council, on the arrangements for recharging for the administration of town and parish council elections in 2019, incidental by-elections, and parish polls.

A request was made for information on the recharging to be shared with town and parish councils as soon as possible so that any financial impact could be taken account of in local budget and precept planning. The need for effective communications was highlighted through regular newsletters and through the Dorset Association of Town and Parish Councils (DAPTC).

Decision

That the implementation of the approach to recharging parish and town councils for the costs incurred by Dorset Council for administering their scheduled elections and by-elections set out in section 3 of the Returning Officer’s report with effect from 1 April 2019, be approved.

Reason for Decision

Parish and town councils needed clarity about the likely costs that they would incur for both scheduled elections in 2019 and incidental by-elections to inform their budget-setting processes and decisions on the level of precept and beyond.

To consider a report by the Lead Member for HR and Workforce.

The Committee considered a report by the Lead Member for HR and Workforce on the voluntary release arrangements for Tier 2 officers as part of the development of the management structure of Dorset Council.  The report followed consideration of Tier 2 structure at the last meeting of the Shadow Executive Committee on 17 September 2018, and subsequent approval of the structure by the Shadow Dorset Council on 27 September 2018. 

A question was asked whether the redundancy and HR costs were reflected in original case for change assessment.  It was confirmed that the case for change did outline change costs, and that this element of the change costs related to a relatively small element of the overall costs. 

Decision

1. That the approach to Voluntary Release, to be included as part of the Tier 2 Appointments Process, be agreed.

2. That sovereign councils be asked to include this approach to supporting Tier 2 officers in their organisations.

Reason for Decision

The approach would support the organisation in managing the reduction in senior manager posts in a way that included individual considerations to be taken account of.

To consider a report by the Lead Member for Waste.

The Committee considered a report by the Lead Member for Waste to delegate the waste function of Bournemouth, Christchurch and Poole (BCP) Council for the Christchurch area to Dorset Council for a one-year period.

An amendment to recommendation 2 was proposed by Cllr Jill Haynes to ensure that consultation was undertaken with the Lead Members for Finance and Waste in respect of the terms of the legal agreement.  It was confirmed that the financial impact would be minimal as the arrangement would charge for the service at cost.  Cllr Jespersen seconded the proposal. On being put to the vote the amendment was agreed.

Encouragement was expressed to consider the level of street cleaning in the Christchurch area carefully as the requirement in the area was currently higher than other areas and should be reflected in the negotiations for the service.

Decision

1. That a delegation of function by agreement under Section 101 of the Local Government Act 1972 to allow waste services currently delivered by the Dorset Waste Partnership, to continue to be delivered in the existing Christchurch Borough area by Dorset Council on behalf of Bournemouth, Christchurch and Poole Council, for a period of one year from 1 April 2019, be approved.

2. That Director of the Dorset Waste Partnership, the Director of Environment Bournemouth Borough Council, and the Environmental Development Manager Borough of Poole, along with the two interim monitoring officers, be delegated authority to agree the terms of the legal agreement following discussion with lead members/portfolio holders (for the Dorset area these would be the Lead Member for Finance and Waste).

3. That a fee be agreed between the two interim S151 officers based on the waste and cleansing disaggregation template and determined as part of the budget making processes of the two Shadow Authorities. On the basis of the disaggregation template no council should be financially disadvantaged.

Reason for Decision

To ensure continuity of a high-profile service delivered to every household in Christchurch for a transitionary period.

To consider three recommendations from the Shadow Overview and Scrutiny Committee from meetings held on 31 July and 22 August 2018.

The Committee considered recommendations from the Shadow Overview and Scrutiny Committee from meetings held on 31 July and 22 August 2018.

In relation to the recommendation on  ‘Town and Parish Councils – Principles for transfer and disposal of assets’ it was clarified that fortnightly communications were in place.

In relation to the recommendation on the ‘Process for the appointment of a permanent Chief Executive for the Dorset Council’, it was confirmed that an odd number of members would constitute the appointment panels for Tier 2 posts. 

In relation to the recommendation on the ‘Programme Highlight report including Internal Audit report produced by SWAP’, members were informed that the format of the report had already been updated to take account of the recommendation.

Cllr Trevor Jones, as the Chairman of the Shadow Overview and Scrutiny Committee asked for a faster consideration of recommendations to Shadow Executive Committee. Officers confirmed that arrangements were in place and this would improve.

Decision

That the following recommendations from the Shadow Overview and Scrutiny Committee be agreed:

Town and Parish Councils – Principles for transfer and disposal of assets

1. That town and parish councils receive direct communication from the Shadow Dorset Council on a fortnightly basis.

Process for the appointment of a permanent Chief Executive for the Dorset Council

2. That any Senior Appointments Committee / Panel established for the purpose of undertaking the selection process for the recruitment of senior officers (below Chief Executive/Tier 1) is constituted with an odd number of members.

Programme Highlight report including Internal Audit report produced by

SWAP

3. That the Programme Milestone Plan contained within the Shaping Dorset Council Highlight Report be amended to include the use of shapes in addition to colours, in order to identify progress in the different areas.

To consider a report by the Cabinet Member for Economy, Education, Learning and Skills – Dorset County Council.  This report is scheduled to be considered by the County Council’s Cabinet on 17 October 2018.

The Committee considered a report by Cllrs Andrew Parry and Steve Butler as the responsible Cabinet members from Dorset County Council, in relation to participation in a sub-regional framework tender for the provision of independent and special school placements.

It was explained that the framework would provide a broader range of independent special school and college placements that could deliver better outcomes for children and young people, especially when the number of placements was growing; and would meet procurement regulations by opening access to a range of placements to avoid spot purchasing placements as required.

Similar sub-regional arrangements were likely to be a feature of future commissioning due to the greater control of costs, including Adult Services.

The timing of the contract award in May 2019 was raised as a potential area of risk as the Dorset Council elections would take place at this time. It was confirmed that the responsible Cabinet members would continue to monitor and ensure the arrangements were on track leading up to the elections.

Decision

That the participation of Dorset County Council in a sub-regional framework tender for the provision of independent and special school placements be supported.

Reason for Decision

To improve the sufficiency and choice of independently provided school and college placements to meet the needs of children and young people with Special Educational Needs and Disabilities (SEND).

To consider any items of business which the Chair has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be specified in the minutes.

There were no items of urgent business pursuant to section 100B (4) b) of the Local Government Act 1972 considered at the meeting.