Agenda item

To consider a report by the Programme Director.

The Committee considered a report in relation to the principles for transfer of assets to Town and Parish Councils and other community groups to ensure consistency of approach. The General Manager - Public Health and Housing, Purbeck District Council, introduced the cross-authority report and summarised the need to provide principles and a framework for councils to use when considering the future transfer of assets, which had followed a period of interest by Town and Parish Councils to secure assets prior to the start of the new Dorset Council from 1 April 2019.  It was also explained that the approach towards the formation of Weymouth Town Council and the impact on Portland Town Council would need to have different arrangements.

Clarifications were also provided that recommendation 1 in the General Manager’s report referred to paragraph 3.4 of the report and not 3.2 as stated.  An amendment to principle (ii) of paragraph 3.4 was also suggested by the General Manager as:

‘Any resolution prior to 26 May 2018 by sovereign councils to dispose of an asset but not yet legally completed may continue unless it contradicts these principles.’

At this point a question was asked at the meeting by Cllr Cheryl Reynolds, in relation to asset transfers by West Dorset District Council. The question and answer are attached to these minutes as an annexure.

Three areas of consideration were raised during the debate on the principles (paragraph 3.4) which related to:

(i) Transfer of Assets to Dorset Council  Comments were received about reference to all assets being transferred to Dorset Council.  In particular that the arrangements needed to establish Weymouth Town Council needed to be defined clearly, together with the impact upon Portland Town Council as a result of the new arrangements.  As such Cllr Jeff Cant proposed that the principle be re-worded to read ‘All assets required for the delivery of Council services and those capable of generating income are transferred to the new unitary Dorset Council, but the unique circumstances of Weymouth Town Council and Portland Town Council will be considered separately.’.

The amendment was seconded by Cllr Daryl Turner.  On being put to the vote the amendment was agreed unanimously.

(ii) Existing Programme for the Disposal of Assets  Comments were received in relation to the suggested amendment summarised in the minute above. Concern was expressed by Cllr Antony Alford that the principle needed to be tightened to explicitly reflect the assets of Town and Parish Councils only, and he therefore proposed that the wording be amended to read ‘Any resolution prior to 26 May 2018 by sovereign councils to dispose of an asset to town and parish councils but not yet legally completed may continue unless it contradicts these principles.’.

The amendment was discussed and points were raised that indicated that the wording should remain unchanged as the principle needed to be open enough for asset transfers to community groups.  The wording suggested by the General Manager was therefore proposed by Cllr Jill Haynes and seconded by Cllr Sherry Jespersen. On being put to the vote the wording was agreed by majority. 

(Note: Cllr Anthony Alford indicated that he wished for his vote against the wording to be recorded.)

(ix) Assessment by the Section 151 Officer of Financial Impact of Assets  An amendment was proposed by Cllr Jeff Cant to recognise the potential for a significant financial impact of a resource, to change the sentence to read ‘Any asset transfer that could have a financial impact upon the new Dorset Council will be initially assessed by the Section 151 Officer and, if it has a significant financial impact, or potential significant impact, seek approval by the Shadow Executive’.  The amendment was seconded by Cllr Daryl Turner.  On being put to the vote the amendment was agreed unanimously.

Other issues raised within the debate related to:

·         Dorset County Council current position  It was felt that more information was needed in relation the Service Level Agreements (SLAs) in place between the County Council and Town and Parish Councils. Assurance was provided that where SLAs were in place they would continue into the new Council after 1 April 2019 in the same way as formal contract arrangements, unless any changes were made in the meantime as part of the budget setting process.

·         Budget Process  A number of comments were made which related to the identification of future funding for Town and Parish Councils which would be key considerations for budget setting.  Assets were part of the conversation, but reference was also made to the SLAs, discretionary grants, and income generating assets.

·         Communications  There was a clear need expressed for appropriate communications to be developed for Town and Parish Councils to provide reassurance about the future and to reflect on what they should expect where there may be some possible changes regarding transfer of assets, SLAs, budget setting process and discretionary grants.

Decision

1. That the current position for each of the Dorset councils be noted.

2. That the principles outlined in paragraph 3.4 for the General Managers’ report, as amended in the minute above and attached for completeness as an annexure to these minutes, be agreed.

Reason for Decisions

The aim of the principles will ensure that decisions taken before 1 April 2019 do not adversely impact on the budget of the future Dorset Council.