Decision details

Community Governance Order - The Parish Council of Bexhill-on-Sea

Decision Maker: Cabinet

Decision status: Recommmend Forward to Council

Is Key decision?: Yes

Is subject to call in?: No

Decisions:

Following the Community Governance Review (CGR) of Bexhill-on-Sea and the subsequent recommendations approved by full Council in September to establish a Parish (Town) Council for Bexhill-on-Sea, the Council was required to approve a Community Governance Order (CGO), as attached at Appendix A to the report.  The report detailed the process to ensure that the new Parish (Town) Council was established with effect from 1 April 2021.  The Community Governance Review Steering Group (CGRSG) had considered all relevant matters at their meeting held on 24 November 2020 and their views had been acknowledged in the recommendations proposed.

 

To ensure the establishment of the Parish (Town) Council for Bexhill-on-Sea was successful, the Council had appointed Surrey Hills Solicitors to provide legal expertise and the Surrey and Sussex Association of Local Councils (SSALC) to provide practical support.

 

To enable the final recommendations to be enacted, full Council was required to approve a CGO in exercise of the powers conferred by sections 86, 98(3), 98(4), 98(6) and 240(10) of the 2007 Act.  It was noted that it would not be possible to finalise all matters prior to seeking full Council approval of the CGO and therefore delegated authority would be required for the Chief Executive (CE) and the Cabinet Portfolio Holder for Economic Development and Regeneration (Transition Bexhill Town Council) to confirm the CGO and make minor and consequential amendments and to enter into any consequential, ancillary or supplemental agreements to effect the creation of the Parish (Town) Council and the transfer of assets rights and liabilities.

 

During the review it had been agreed that as initially no services were being transferred, the budget costs would be the minimum required for the Parish (Town) Council to operate in its first year and the work required to identify these costs had not yet been completed.  As the CGRSG was scheduled to reconvene in January 2021 to consider budgetary requirements and any stakeholder representations it was necessary to formally expand their terms of reference.  Recommendations from the meeting would be made to the CE and Cabinet Portfolio Holder for inclusion in the CGO subject to proposed delegation being approved.

 

SSALC had recommended that the Council appointed an interim administrator who had previous experience and the necessary skill set to successfully create a new Parish (Town) Council.  SSALC had recommended an appointee and preliminary discussions were held with a view to an appointment commencing on 1 January 2021 for a seven month period (expiring 31 July 2021) for an average of 15 hours per week (with flexibility).

 

Working with the CGRSG, as appropriate, the interim administrator would establish the initial governance structure, arrange the appointment of the permanent Parish (Town) Clerk, set up other policies and procedures, organise briefings for prospective councillors, identify and secure accommodation, draft the cycle of meetings, arrange asset transfer and any other governance issues.  The interim administrator would also oversee the inauguration of the new Parish (Town) Council, election of Chairman/Mayor, establishment of committees and hand-over to the permanent Parish (Town) Clerk, once appointed by the new Parish (Town) Council.

 

Clarity was sought on the responsibility of costs.  The Chief Executive stated that legal advice received had advised that set-up costs of the establishment of the Parish (Town) Council before 1 April 2021 would be the responsibility of Rother District Council.  Subsequent costs would be the responsibility of the Parish (Town) Council and set in their precept including the cost of the election.

 

Cabinet was supportive of the recommendations proposed and agreed the appointment of the new interim administrator and that the CGRSG’s revised Terms of Reference, as detailed at Appendix B to the report, be approved.

 

RECOMMENDED: That the Chief Executive, in consultation with the Cabinet Portfolio Holder for Economic Development and Regeneration (Transition Bexhill Town Council) be granted delegated authority to finalise and agree the Community Governance Order (CGO) and make minor and consequential amendments to the CGO and to enter into an consequential, ancillary or supplemental agreements to effect the creation of the Parish (Town) Council and the transfer of assets rights and liabilities.

 

AND

 

*RESOLVED: That:

 

1)    an interim Parish (Town) Council administrator be appointed for up to seven months with effect from 1 January 2021 (expiring 31 July 2021), with terms and conditions to the satisfaction of the Chief Executive and the Cabinet Portfolio Holder for Economic Development and Regeneration (Transition Bexhill Town Council); and

 

2)    the expanded Terms of Reference of the Community Governance Review Steering Group be approved, as attached at Appendix B.

 

*The RESOLVED parts of this minute are subject to the call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules.

 

Report author: Malcolm Johnston

Publication date: 16/12/2020

Date of decision: 14/12/2020

Decided at meeting: 14/12/2020 - Cabinet

Accompanying Documents: