BOSTON BOROUGH COUNCIL At the meeting of the Boston Borough Council held at the Municipal Buildings, Boston, on Monday 25 June 2007 at 6.30 p.m. Present : The Mayor (Councillor Michael Brookes), in the Chair Councillors Richard Austin, Alison Austin, Elizabeth Barker, Gerry Clare, Martin Clarkson, Guy Curley, Maureen Dennis, Anne Dorrian, Graham Dovey, Richard Dungworth, Mike Gilbert, John Grant, Dave Hobson, Peter Jordan, Richard Lenton, David Lingard, Neil McGregor, Ray Newell, Brenda Owen, Brian Rush, John Ruskin, Helen Staples, John Storry and David Witts. Officers – Chief Executive, Interim Director of Resources, Assistant Director (Human and Corporate Resources), Head of Legal and Democratic Services and Monitoring Officer, Accountancy Services Manager, Performance and Improvement Manager, Human Resources Manager, Acting Environmental Health and Licensing Manager, and Principal Electoral & Member Services Officer. PRAYERS The meeting recommenced with prayers led by the Chief Executive. 11 APOLOGIES Apologies for absence were received from Councillors Bedford, Blaylock, Clarke, Leggott, S. Newell, P. Rush and Rylatt. 12 COMMUNICATIONS The Chief Executive reported that the Emergency Planning procedures had been introduced to deal with serious flooding that had occurred in parts of the County. Boston had not been affected to date, but further heavy rain was predicted for later in the evening. The Director of Development had gone to Lincoln to be the Council’s representative on the Emergency Planning Committee and would keep in touch with the Chief Executive on potential risks to the area. 13 STATEMENT ON THE SYSTEM OF INTERNAL CONTROL Councillor Lenton introduced a report by the Director of Resources on the requirement for the Council to review its internal control mechanisms annually and provide, as part of the Statement of Accounts, a statement on the system of internal control, in accordance with the CIPFA’s Statement of Recommended Practice 2006. The report stated that the Statement identified the systems that the authority had in place to make sure that business was conducted within the law and proper standards, and that public money was safeguarded. It also ensured that processes were in place to continuously review the Council’s internal control and risk management systems, giving assurances on their effectiveness and/or produce a management action plan to address identified weaknesses. The SIC was not part of the annual statement of accounts and therefore required separate certification by the Chief Executive and Leader of the Council. The SIC was required to be approved by Council by 30 June 2007, in accordance with the statutory timetable for approval of the Draft Statement of Accounts. The final SIC would be published within the Statement of Accounts and then reported to Committees for publication by 30 September 2007, with the audited Statement of Accounts. At that time the report would identify any significant changes made to the Statement between those dates. The report set out details of the SIC Testing Matrix as prescribed under CIPFA guidance, and the objectives aimed at assisting in the assurance gathering process. The Statement on the System of Internal Control was appended to the report and included a Review of Effectiveness which had identified significant control weaknesses in the areas of Housing Benefits and Business Continuity (Emergency Planning). It was noted that the significant issues that had been identified would be monitored during 2007/08 and actions had been incorporated into the relevant service areas Service Development Plan or Work Plan, with progress being reported to the Audit and Governance Committee on a quarterly basis. In the section of Significant Internal Control Issues it was reported that the Council’s forecast financial plans identified an increasing budgetary gap. Short term measures had been put in place throughout the year to address this issue and would continue into the next financial year. The longer term aspect would be addressed via a ground zero based budgeting exercise, which would incorporate a review of alternative procurement options and seek out efficiencies. Cabinet had considered the report at its meeting on 20 June 2007, and recommended it to Council for approval, following a review of the evidence by the Audit and Governance Committee earlier in the month. It was moved by Councillor Lenton, seconded by Councillor Austin and RESOLVED that the Statement on the System of Internal Control be approved for inclusion in the Statement of Accounts for 2006/07. 14 STATEMENT OF ACCOUNTS 2006/07 Councillor Lenton introduced a report by the Interim Director of Resources presenting the unaudited Statement of Accounts for 2006/07. The report stated that the Statement of Recommended Practice (SORP) for 2006 required the draft Statement of Accounts to be approved by full Council by 30 June 2007 and published by 30 September 2007 in accordance with the statutory timetable and CIPFA’s Standard of Professional Practice on Financial Reporting. The SORP specified the principles and practices of accounting required to prepare a Statement of Accounts which ‘presented fairly’ the financial position and transactions of a local authority and to prepare group financial statements where they had an implied material interest in subsidiaries, associates or joint ventures. Group Accounts were required to be prepared to present the extended service delivery that was deemed to be under the control of the Council, as prescribed by the SORP. Therefore the financial performance and net worth of the Boston Sports Initiative (BSI) and the Boston Area Regeneration Company (BARC) had been consolidated into the group accounting statements. It was highlighted that this did not imply that the Council had any rights to the assets shown in the Group Balance Sheet. The purpose of the Statement of Accounts was to give interested parties clear information about the authority’s finances, outlining the cost of services for the year, where the money came from and the net worth of the authority at the end of the year. It was noted that the Cabinet had considered the Statement at its meeting on 20 June 2007 and, following robust scrutiny, had recommended it to Council for approval. The Accountancy Services Manager took Members through the Statement of Accounts in detail, highlighting key points: The original revenue budget presented a contribution of £71,500 being made to the General Fund Balance from the Council Tax levied in the year. As a result of a vigorous savings exercise the contribution had increased by £261,000, which was in line with the revised estimates. Significant impacts on the accounts were noted in relation to the capitalization direction granted for unsocial hours back pay and the recognition of the Council’s full liability under the terms of the legal agreement with the Boston Sports Initiative. The treatment of monies received from Boston Mayflower and Local Area Business Growth Incentive scheme were also noted. A commentary had been included on the review of reserves and provisions undertaken during the setting of the revised estimates. As a result of adjustments within the Statement of Movement on the General Fund a contribution of £332,000 had been made to the General Fund, giving a balance of £1.089 million. This was in excess of the range set by Council, but was seen as a strategy to assist in funding the budgetary gap forecast for 2007/08 and beyond. The Cash Flow statement summarised the cash inflows and outflows for third parties for both revenue and capital purposes. The overall position showed a net increase in cash of £365,000 and finance leases had been used to fund new capital expenditure n the Council fleet. As the billing authority the Council was responsible for preparing a supplementary statement on the Collection Fund. This showed the actual charges made for Council Tax and Business Rates. Provision was made separately for the bad debts, and the surpluses or deficits were distributed proportionately between the precepting bodies. The Collection fund had generated a deficit for the year of £109,000 after taking into account the distribution of the prior years surplus of £242,000. A charge to the Collection Fund for an increase in bad and doubtful debts and write offs had been made totaling £371,000 with arrears totaling £2.59 million. Total provision of £1.3 million was recorded in the balance sheet within Debtors. The budgeted distributed surplus for 2007/08 had been agreed at £79,770 of which the Council would retain £10,740. This had been based on a forecast outturn calculated part way through the year, and a forecast bad and doubtful debt provision. The Group Accounts reported a deficit of £1.2 million on the Group Income and Expenditure Account, giving the group a revenue balance at 31 March 2007 of £341,000. The Boston Area Regeneration Company had created a reserve of £210,000 in relation to the grant funding received from funding partners, over and above related expenditure. The Princess Royal Sports Arena had been revalued under the Council’s accounting policies adding £3.84 million to the net worth of the Group. The Audit Commission was scheduled to commence the external audit work on the financial statements from 16 July 2007, with conclusions being scheduled for 31 August 2007. The findings of the audit would be reported back to Members and the final Statement of Accounts for 2006/07 presented to Council prior to publication by 30 September 2007. In response to articles featured in the local media, Councillor Gilbert asked what percentage of the Council’s overall turnover did the amount written off as bad debt represent, and was the position unusual for an authority of Boston’s size. The Interim Director of Resources stated that the percentage would be minimal. Bad debt was provided for within the accounts by a provisioning methodology. Each year the bad debt owed to the authority was reviewed and an amount included in the accounts for any debts that may not be recoverable. This represented the risk to the authority, not an assumption that the debts would not be collected. In some cases the debt would not be recoverable and therefore it was written out of the balance sheet, set against the provision. The Interim Director continued that comparator figures for bad debt were not available, but would expect that the Council’s figures would compare favourably to authorities of a similar size. It was moved by Councillor Lenton, seconded by Councillor Jordan and RESOLVED that the Statement of Accounts for 2006/07 be approved. 15 ANNUAL PERFORMANCE PLAN 2007-8 Councillor Lenton introduced a report by the Assistant Director (Human and Corporate Services) seeking agreement for the adoption of the Annual Performance Plan for 2007-08. The report stated that the Annual Performance Plan was a statutory document that local authorities were required to publish by 30 June each year. The Plan included summaries of the Council’s strategic objectives, action planning and performance – looking back at the achievements and challenges of 2006/07 and forward to 2007/08. It was a snap shot in time and a base line from which to move forward. It was noted that the Plan would be audited by the Audit Commission to ensure compliance with the statutory guidance. Although it was available to the public on request, the document was primarily a management tool for Councillors and officers to review past performance and plan for the year ahead. Cabinet had considered the Plan at its meeting on 20 June 2007 and recommended it to Council for approval, subject to any further additions and amendments arising from the Service Development Plan process. It was moved by Councillor Lenton, seconded by Councillor R. Austin and RESOLVED that the Annual Performance Plan 2007-08 be adopted. 16 FOOD STANDARDS AGENCY FRAMEWORK AGREEMENT ON FOOD LAW ENFORCEMENT Councillor Owen introduced a report by the Director of Development on the requirement for food law enforcing authorities to put in place service plans documenting planning, management and the delivery of their food law enforcement service. The report stated that the Food Standards Agency Framework Agreement, introduced in 1991, set out the Agency’s expectations on the way local authorities should deliver food safety enforcement. One of the requirements of the Framework Agreement was that local authorities should produce a Food Law Service Plan setting out aims and objectives, methods of service delivery and resources available. The Council’s original plan had been produced following the instruction from the Food Standards Agency and it had been necessary to revise the plan to take account of changes that had occurred since it was last approved by Council in February 2006. The Food Law Enforcement Plan was defined as a Policy Framework Document and therefore any revisions to it required approval by full Council. Cabinet had considered the revised Plan at its meeting on 20 June 2007 and recommended it to Council for adoption. It was moved by Councillor Owen, seconded by Councillor Jordan and RESOLVED 1. That the revised Food Law Enforcement Service Plan be adopted. 2. That the document be updated annually. 17 APPOINTMENTS TO EXTERNAL ORGANISATIONS The Head of Legal and Democratic Services introduced a report seeking consideration of the appointment of Council representatives to serve on external organisations, where the Council was the appointing body, for the municipal year 2007/08. The report stated that Group Leaders had been sent a copy of the current list of appointments made by Council to external organisations with a request that expressions of interest from Members to serve on those bodies be submitted for consideration by Council. The expressions of interest received were set out in appendix 1 of the report. It was noted that the Way Forward Group was in the process of reviewing the appointments made to external bodies, and at its meeting on 12 June had recommended that the Council discontinued the appointment of Members to serve as its representatives on the Boston Local Policing Forum, the Eastern Orchestral Board and the Pilgrim College Board of Governors. In addition the Group was continuing to look at some of the other organisations and would make appropriate recommendations to Council over which to retain at a future date and in the meantime had recommended that appointment to those organisations be deferred, as indicated on the list at appendix 1 of the report. It was reported that the nominee for the appointment to Heritage Lincolnshire should have read Councillor McGregor and not Councillor Lenton. By reference to the expressions of interest received for over subscribed organisations Councillor Richard Austin drew the Council’s attention to the following :Councillors Dungworth, R. Newell and S. Newell had withdrawn their expressions of interest in the Black Sluice Drainage Board. Councillor Grant had withdrawn his expression of interest to serve as the substitute representative on the Wash and North Norfolk Coast Special Area of Conservation Members Group. Councillor McGregor had withdrawn his expressions of interest in the Wash Estuary Strategy Members Group (including Shoreline Management Plan), and in the Witham Fourth District Internal Drainage Board. Councillor Witts had withdrawn his expression of interest in the Welland and Deepings Internal Drainage Board. The Head of Legal and Democratic Services highlighted that a number of the organisations listed had either received no expressions of interest or were under subscribed and it would necessary to consider these separately to ascertain if any Members wished to express an interest on being appointed. In addition some organisations remained over subscribed and again would have to be voted on separately. It was moved by Councillor Austin, seconded by Councillor R. Newell and RESOLVED That, with the exception of those organisations shown on the schedule as defer or were over or under subscribed, the following Members listed in Appendix A to the report submitted be appointed as the Council’s representatives to serve on the external organisations indicated in each case; to hold office whilst they remain Members of the Council, until the next Annual Meeting of the Council; or until the appointment of their successors; NAME OF EXTERNAL ORGANISATION APPOINTEES Age Concern (Boston & South Holland Division) DEFER Bicker Trust Clarke Black Sluice Internal Drainage Board R. Austin Blaylock Curley B. Rush Brookes Bedford Rylatt Boston Health Improvement Partnership DEFER Boston Municipal Non-Educational Charities Clarkson Curley McGreogr (1 Vacancy) Boston One Stop Shop (Board) DEFER Boston Preservation Trust McGregor Boston Womens Aid DEFER Boston Woods Trust (Non-Executive Member) DEFER Campaign for the Protection of Rural England (Lincs Branch) Grant Centrepoint Outreach Lingard Community Council for Lincolnshire Dorrian Dungworth Heritage Lincolnshire McGregor Holland Museums Panel Bedford S. Newell Integration Lincolnshire DEFER Lincolnshire Playing Fields Association B. Rush Local Government Association’s Rural Commission Jordan Leggott Longhurst Housing Association Limited Management Committee DEFER Nacro Services in Lincolnshire DEFER Neighbourhood Watch Association DEFER Peter Paine Sports & Leisure Centre Management Committee B. Rush Rural Transport Partnership (South) Curley Sir Thomas Meddlecott & Others Charity Trust (Skirbeck Quarter Charities) DEFER South Lincolnshire Blind Society DEFER St. Leonard’s Hospital Trust DEFER Swineshead Poor Charity DEFER Wash and North Norfolk Coast Special Area of Conservation (SAC) Members Group A. Austin Bedford Clare (Sub) Witham Fourth District Internal Drainage Board Clare Grant Hobson Leggott Bedford Rylatt J. Ashton (Lay representative) Long Term Appointments Boston Grammar School Foundation Governors A. Austin Dungworth Lingard R. Newell John Butler Charity DEFER Thomas Sanderson Trust DEFER Welland and Deepings IDB Leggott The Head of Legal and Democratic Services then sought nominations for Council representatives to serve on those organisations which remained under subscribed and the following appointments were made. Boston Citizens Advice Bureau Management Committee It was moved by Councillor R. Austin, seconded by Councillor Dorrian and RESOLVED that Councillors Curley and Gilbert be appointed as the Council’s representatives to serve on the Boston Citizens Advice Bureau Management Committee to hold office whilst they remain Members of the Council, until the next Annual Meeting of the Council, or until the appointment of their successors. Boston District Council for Voluntary Service It was moved by Councillor R. Austin, seconded by Councillor Dorrian and RESOLVED that Councillors Clare and Clarkson be appointed as the Council’s representatives to serve on the Boston District Council for Voluntary Service to hold office whilst they remain Members of the Council, until the next Annual Meeting of the Council, or until the appointment of their successors. Boston West County Primary School It was moved by Councillor Jordan, seconded by Councillor B. Rush and RESOLVED that Councillor Owen be appointed as the Council’s representatives to serve on the Boston West County Primary School to hold office whilst she remains a Member of the Council, until the next Annual Meeting of the Council, or until the appointment of her successor. The Head of Legal and Democratic Services stated that those organisations which remained under subscribed would be deferred for further consideration. Under Subscribed Organisations South East Lincolnshire Travellers Association Park Primary School The Head of Legal and Democratic Services then highlighted that the Wash Estuary Strategy Members Group (including Shoreline Management Plan) remained oversubscribed by one nominee. Following a vote on the nominees it was: RESOLVED that Councillors A. Austin and Leggott be appointed as the Council’s representatives to serve on the Wash Estuary Strategy Members Group (including Shoreline Management Plan) to hold office whilst they remain a Member of the Council, until the next Annual Meeting of the Council, or until the appointment of their successors. 18 EXCLUSION OF THE PUBLIC AND PRESS It was moved by Councillor Austin and seconded by Councillor Jordan and RESOLVED that under Section 100A of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act. 19 APPOINTMENT OF DIRECTOR OF RESOURCES AND ASSISTANT DIRECTOR (FINANCIAL SERVICES) (SECTION 151 OFFICER). The Head of Legal and Democratic Services introduced a report on the recommendations of the Appointments Panel in respect of the appointment to the vacant posts of Director of Resources and Assistant Director (Finance) (Section 151 Officer). The report stated that in accordance with the Council’s Constitution the Council could only make or approve the appointment of a Chief Officer where no well founded objection had been made by the Cabinet. In addition the Council was requested to consider giving full delegated authority to the Appointments Panel to make final decisions on all Chief Officer and statutory posts, including that of Head of Paid Service (Chief Executive). The decision of the Panel would then be referred to the next meeting of full Council for noting. This would make the recruitment process more efficient and also protect the Council from claims of discrimination and unfair practice during recruitment processes. Councillor R. Austin, Chairman of the Appointments Panel set out the background to the rigorous selection process that had been undertaken to ensure the candidates had the required skills, knowledge and experience to fill the positions of Director of Development and Assistant Director (Finance), and went on explain how the Panel had reached their decision as to the preferred candidates. The Appointments Panel was clear that the selection process had to be robust and transparent to ensure the best person for the posts were appointed. During the process one candidate for each post had been extremely proficient, scoring highly in ability tests. The Panel recommended that the preferred candidates be offered the position of Director of Resources and Assistant Director (Finance) (Section 151 Officer) with immediate effect. In accordance with the requirements of the Council’s Constitution, the Cabinet had been consulted on the Panel’s recommendations and had supported the recommendations. It was moved by Councillor Jordan, seconded by Councillor Clare and RESOLVED 1. That Mr. Martin Rayson be appointed to the post of Director of Resources on a salary within the range as advertised. 2. That Mr. Richard Micklewright be appointed to the post of Assistant Director (Finance) on a salary within the range as advertised. It was moved by Councillor R. Austin, seconded by Councillor Lenton and RESOLVED that the Assistant Director (Finance) be appointed as the Council’s Section 151 Officer with effect from the commencement of his employment with the authority. It was moved by Councillor R. Austin, seconded by Councillor Jordan and RESOLVED that the Constitution be amended to give full delegated authority to confirm the appointments of Head of Paid Service, Chief Financial Officer, Monitoring Officer and other Corporate Directors to the permanent Appointments Panel. (The meeting ended at 7.25 p.m.)