Agenda and minutes

The public open forum will commence at 2.00 p.m. and the following formal business of the Council will commence at 2.30 p.m. or whenever the public open forum ends, if earlier.

(2.00 p.m. – 2.28 p.m.)

Prior notice in accordance with Council Procedure rule 10.3 had been given of the following questions put by members of the public:-

Question: Nicholas Brown, 6 Beech Close, Colsterworth

In the Grantham Journal article of November 12th 2004, referring to the plan to house homeless people at Newton Court in Colsterworth, Councillor Martin-Mayhew referred to a letter from chief Superintendent Foley, where the Chief Superintendent stressed the need  for “appropriate measures” to be in place to tackle incidents of anti-social behaviour, to meet the concerns of the local community.

Can the Council tell us what they are and will they be provided by the Council or the Police?

Response: Councillor Peter Martin-Mayhew

A letter from Chief Superintendent Foley did request a robust process by which I understand anti-social behaviour can be dealt with very quickly because they are one of our partners in the Crime & Disorder partnership in any case.  The steps put into place by the Council cover a range of support not only for the residents but also for the people we shall move into there which is short term accommodation.  The elderly residents of Newton Court have numerous things in place and so do the residents we have to move in there on short term.

The pertinent steps here are regular visits by the estate officers to provide follow up support by officers in housing and close liaison with the local community officer. They are there to ensure that any criminal activity will be promptly responded to by the police.  There will be  close working between the district council’s anti-social behaviour officer and the police’s anti-social behaviour officer.  The estate management function and the police response will be delivered appropriately if it should be necessary.  I emphasise “should” as we are trying here to pre-empt something which hasn’t happened as yet.  We will also keep our allocation decisions constantly under review and move tenants to appropriate accommodation where a duty exists or to evict those where no further duty exists for the authority.  It will also involve the care centre so that its calls are received out of hours and officers from housing services are to make an appropriate response.

In the event that there are issues – and there have not been up to now – of anti-social behaviour, if the occupiers are on a 28 day licence this will be terminated immediately as no evidence with regard to the ASBO would be needed.  I hope that gives Mr Brown some idea of what we have done.

Supplementary question: Mr Brown

How do you go about implementing section 17 of the Crime and Disorder Act within your housing policy and anti-social behaviour policy that you are debating on later today?  This is following on from a conversation I actually had yesterday with Chief Supt. Foley whereby he was very keen to get across to us that it is important that there is a strong policy on that.  The other question is  ...  view the full minutes text for item 71.

Apologies for absence were received from Councillors Bisnauthsing, Mrs Dexter, Genever, Morris, Mrs Percival, Gerald Taylor, Waterhouse, and Wood.

Members are asked to declare any interests in matters for consideration at the meeting.

There were no declarations of interest made.

A member raised two points which he considered to be inaccurate:  Minute 55 – last line to replace the word acceptance with the word accuracy.  Minute 66 – to replace the words “The Chairman invited nominations for a vacancy..” with the words “The Leader nominated Councillor Helyar for a vacancy..”

These amendments were proposed and seconded but were not carried following a vote.

Accordingly, the minutes of the meeting held on 28^th October 2004 were confirmed as a correct record.

The Chief Executive advised that due to the numbers of members of the public present who were interested in the Notices of Motion relating to the Citizens’ Advice Bureau, the Chairman had agreed the order of the published agenda items would be amended so that these motions could be considered earlier.

          (1)     by Councillor Linda Neal

This Council declares that the decision of some members of the non-administration group to return to a situation where the important scrutiny function is exercised in part through a “Shadow Cabinet" with an overtly political agenda has profound implications for the progress of the authority and is to be regretted.

The Council reminds members who have chosen to go down this route that the CPA report, which they along with the whole Council, accepted in January stated that the presence of a Shadow Cabinet had led to a situation where “the skills and commitment of Councillors is not harnessed for the benefit of local people” (para 57). The same report also highlighted the limited capacity amongst some members (para 59).

The Council declares that the reforming of a Shadow Cabinet, with an overtly political agenda, can only further dilute member capacity to the detriment of service to our residents. In order to minimise this danger the Council resolves that with immediate effect:

Clr M Taylor replaces Clr John Hurst as Chairman of the Communications and Engagements DSP with Clr Nadarajah becoming the Vice Chairman.

Clr Fines replaces Clr Kerr as Vice-Chairman of the Development Control Committee.

In this way the Council can ensure that the member appointed to serve the community of South Kesteven in undertaking these important functions have both the capacity and the confidence of residents in their willingness to place their duty to the public ahead of their political aspirations.

The Council also asks that if the “Shadow Cabinet” continues then with immediate effect it extends to all other members the courtesy of confirming positions and membership, the constitution and remit, methods by which members were appointed, and how it intends to resolve the fundamental obstacles to effective scrutiny outside the Council’s constitution that were identified by the CPA report.

(2)     by Councillor Maureen Jalili

          That this Council resolves that an additional sum of £60,000  be allocated for advice services in the financial year 2005/06 .

          (3)     by Councillor Stephen O’Hare

         This Council believes in relation to CAB in South Kesteven that

         (1)      This Council should state precisely what, if anything, it is seeking from South Kesteven CAB;

          (2)     There should be a willingness by SKDC to negotiate openly, honestly and realistically with South Kesteven CAB;

          (3)     An active and effective CAB is and will continue to be of benefit to the people we represent;

          (4)     An enhanced CAB will be of even greater benefit;

          (5)     It will be easier both for this Council and South Kesteven CAB, to plan for the future if there is in place an agreement dealing with the future (and thereby providing stability and mutual commitment);

          (6)     A clear agreement between SKDC and South Kesteven CAB with both knowing what is expected of them by the other is to be encouraged;

          (7)     If need be the funding allocation of £50,000 for advice services in 2005 /06 be treated as an interim payment pending agreement being reached  ...  view the full agenda text for item 76.

DECISION:  The notice of motion submitted by Councillor Mrs Jalili was withdrawn.

The following motion had been proposed by Councillor Mrs Jalili:

“That this Council resolves that an additional sum of £60,000  be allocated for advice services in the financial year 2005/06”  Councillor Mrs Jalili informed the Council that following discussions immediately prior to the meeting with representatives of the South Kesteven CAB she now wished to amend the figure quoted in her motion.  She was advised that amendments were not permissible under the Constitution and she must either put her motion as printed or withdraw it.  Councillor Mrs Jalili accordingly withdrew her motion.

(2)       by Councillor Stephen O’Hare

DECISION:  This Council believes

It has stated precisely what it is seeking from South Kesteven CAB over a considerable time;

(1)      There has and always has been a willingness by SKDC to negotiate openly, honestly and realistically with South Kesteven CAB;

(2)       An active and effective CAB does and will continue to be of benefit to the people we represent;

(3)      An enhanced CAB may well be of even greater benefit;

(4)      A clear agreement between SKDC and SK CAB already exists;

(5)      The funding decisions are not made by Cabinet.

The following motion had been proposed by Councillor O’Hare:

 This Council believes in relation to CAB in South Kesteven that

 (1)   This Council should state precisely what, if anything, it is seeking from South Kesteven CAB;

(2)       There should be a willingness by SKDC to negotiate openly, honestly and realistically with South Kesteven CAB;

(3)       An active and effective CAB is and will continue to be of benefit to the people we represent;

(4)       An enhanced CAB will be of even greater benefit;

(5)              It will be easier both for this Council and South Kesteven CAB, to plan for the future if there is in place an agreement dealing with the future (and thereby providing stability and mutual commitment);

(6)       A clear agreement between SKDC and South Kesteven CAB with both knowing what is expected of them by the other is to be encouraged;

(7)       If need be the funding allocation of £50,000 for advice services in 2005 /06 be treated as an interim payment pending agreement being reached between SKDC and South KestevenCAB as to the future; AND

(8)             Strongly urges and requests the Cabinet  having taken these points into account to, as far as need be, amend or rescind  any previous Cabinet decisions which if left unaltered would prevent or impede progress towards the aims stated above.

Councillor O’Hare spoke in support of his motion claiming that the Council had not stated precisely what it wanted from the CAB.  He stated that the ballpark figure of £50,000 was based on an erroneous assumption concerning the number of hours the CAB was open as opposed to the actual number of hours that were worked.  He called for open, honest and realistic negotiations between the Council and the CAB.

In seconding the motion, a member acknowledged that the  ...  view the full minutes text for item 76.

Report number ENV224 by the Head of Environmental Health & Licensing.

                                                                                                (Enclosure)

DECISION:

(1)    That the South Kesteven District Council Statement of Licensing Policy be adopted for publication subject to the inclusion in the membership of an Alcohol, Entertainment and Late Night Refreshment Licensing Committee Sub-Committee the Chairman or Vice-Chairman of the Committee and the amendment of 5.4 to read “…of an acceptable number of appropriate adult staff to ensure public safety and their protection from harm.”

(2)    A Separate Alcohol, Entertainment and Late Night Refreshment Licensing Committee be established;

(3)    The new committee carry out the functions set out in Annex A in report ENV224;

(4)    The new committee consist of the 11 members of the Licensing Committee who have received training and have particular expertise in licensing matters;

(5)    The new committee be recommended to adopt the Council’s ordinary constitutional standing orders concerning proceedings quorum, public access publicity agenda records and access to information until such time as Regulations concerning the Committee or its sub committee are made under Section 9 of the Licensing Act 2003.    

Councillor Auger submitted and proposed the Statement of Licensing Policy for adoption by the Council and approval of the new committee to deal with alcohol, entertainment and late night refreshment licensing applications.  The draft policy had been considered by the DSPs and the Cabinet at its meeting held on 6^th December 2004.  The motion received a seconder and was carried following a vote.

Report number DLS11 by the Corporate Manager, Democratic & Legal Services.                                                                              (Enclosure)

DECISION: To approve the Freedom of Information Policy and Procedure as circulated in preparation for the implementation of the Freedom of Information Act in January 2005.

The Monitoring Officer presented his report number DSL11 which contained the proposed South Kesteven District Council Policy and Procedure in preparation for the individual access rights under the Freedom of Information Act 2000 which became effective from 1^st January 2005.  He explained that the policy and procedure had been subject to detailed consideration by the other Lincolnshire districts and the Lincolnshire County Council as it was important to ensure consistency of approach.  It had also been referred through the DSP process and to the Cabinet.  The Council was undergoing a process of training for its staff and this would be rolled out to members.  An information leaflet on access rights would be circulated in the near future to Councillors.  A similar information leaflet was also in production to advise members of the public.  The policy and procedure as submitted was moved and seconded.

The Monitoring Officer was asked a question about the level of fees and charges, particularly in relation to the threshold of £450 below which the Council would not charge for information which cost less than this to produce.  The Monitoring Officer explained that the final regulations on fees and charges were still awaited.  The figure of £450 had been based on officers’ time at a rate of between £40 to £50 per hour.  In response to another question, he confirmed that the deadline of 20 (working) days was one set by the legislation.

Report number DOS261 by the Director of Operational Services.

                                                                                                (Enclosure)

DECISION:

(1)         In order to maximise external funding, the Customer Services and Modernisation Programme be approved and the Council’s financial strategies amended accordingly to reflect the funding requirements (as detailed in Section 9 of report DOS253) to allow immediate delivery of the project;

(2)         That the Council adopts the Customer Services Standards as amended (in accordance with report CSV34);

(3)         To approve the Implementing Electronic Government (IEG) return 4 as submitted with report DOS262 subject to the amended figures in Section 3 for the 2004/5 forecast.

Councillor Carpenter presented report DOS261 by the Director of Operational Services which appended reports DOS253, CSV34 and DOS262 on the inter-related subjects of Customer Service Standards and the IEG return 4.  Councillor Carpenter urged the Council to approve the recommendations contained in these reports so that the authority could move forward with its modernisation programme and meet its IT targets.  For those concerned about the capital costs involved in these major projects, he emphasised the benefits this would result in for the service to the Council’s customers.  The Council had to cater for everyone by whatever means of access they chose and the modernisation programme was vital to ensure people were dealt with quickly, efficiently and effectively.  From every pound spent on this project, the Council would receive back 66p in grant.  These proposals had already been considered and supported by the DSP and the Cabinet.  The proposals were seconded.

A member asked for assurances from the Leader and the Chief Executive that these measures would result in savings to the Council and that a performance indicator would be included next year which related to total staff numbers.  The Chief Executive indicated that he would propose such performance indicators to the Cabinet for the future.  Concern was expressed that the Council would maintain qualitative standards and not just quantitative ones, suggesting that people had an inherent need to be able to speak to real human beings and not have their contact met with recorded responses.  After Councillor Carpenter had drew members’ attention to some amended figures within the IEG4 return relating to the 2004/05 forecast for the Best Value Performance Indicator 157 (corporate electronic service delivery), a vote was taken on the recommendations and subsequently carried.

Report number DRS12 by the Director of Regulatory Services.

                                                                                                (Enclosure)

DECISION:

(1)     To approve and adopt the Housing Services’ Anti-Social Behaviour Policy and Procedure as submitted subject to the deletions on page 29;

(2)     To note that the document may be subject to amendment and review in line with the Council-wide Anti-Social Behaviour Policy due for completion by 31^st March 205.

Councillor Martin-Mayhew presented report DRS12 prepared by the Director of Regulatory Services which appended the Anti-Social Behaviour Policy and Procedure for Housing Services.  Section 218a of the Housing Act 1996 as introduced by Section 12 of the Anti-Social Behaviour Act 2003 required that all local housing authorities produce such a policy and procedure by the end of December 2004.   Councillor Martin-Mayhew stated that the policy and procedure had been considered by the Community DSP who had made a number of recommendations (details of which had been previously circulated at the meeting).  It was proposed to delete references to statements from witnesses and written warnings to tenants on page 29 of the document.  He emphasised that the document would be kept under review and amended where necessary to accord with the Council’s corporate policy on anti-social behaviour.

In seconding the proposal, a member asked if this was going to extend beyond the Council’s housing estates.  The Community Affairs portfolio holder referred the member to the Cabinet’s decision earlier that week on the Council’s Anti-social Behaviour Policy action plan.  In response to a question on when precisely the policy would be reviewed in the future, the Head of Housing Services explained that a quarterly report on progress would be given to the Community DSP and the performance indicators included within the document would help to assess its effectiveness.  If the policy was not meeting its objectives, the DSP had requested that it be reviewed.  Following a vote, the policy and procedure was approved.

With the permission of the Chairman, the Vice-Chairman of the Council was permitted to address the Council.  He stressed that he had given notice of this communication to the Chairman before he had become aware of any motion to the Council.

The Vice-Chairman then gave a lengthy address to members in which he referred to a situation which had recently developed within the Council i.e. the reforming of a Shadow Cabinet, and stated that he felt it was important that all members were aware of the background to this issue and the position as he perceived it.  In doing so, he stressed that it was not his intention to deliberately offend anyone.

The Vice-Chairman felt that because of the serious threat posed to the progress made by the Council resulting from a new overtly political Shadow Cabinet, he could no longer continue his membership of the Independent Group.  To do so would represent a reneging of the commitment he had previously given regarding the termination of the Shadow Cabinet to the Leader, the Labour Group Leader, the Chief Executive, and subsequently to the Independent Group itself.  He had accordingly requested the Chief Executive to remove his name from the Independent Group which he and Councillor Thompson had set up many years ago.  This he had done with considerable regret but felt this was more important than to renege on any personal commitment he had given.

Following the delivery of this communication, the Chief Executive advised that this would result in changes to the political groups which comprise the Council.  He would therefore report to the next Council meeting on the consequences of those changes.  In the meantime, he would be writing to all members of the previous Independent Group asking them to which group or groups they subscribe and who is their Leader in order to enable him to assemble the seats on the various committees of the Council.  The Chief Executive went on to state that he would also take account of a further communication he received that morning from Councillor Joynson regarding his new position, together with Councillor Genever’s retirement from the Development Control Committee.

As a result of these developments, there would be two items on today’s agenda which would now have to come before the Council at a future meeting as they were affected by changes in the political composition. These were the Independent Remuneration Report on Members’ Allowances and the membership of the Constitution and Accounts Committee.

(1)  By Councillor Mrs Linda Neal:

DECISION:

This Council declares that the decision of some members of the non-administration group to return to a situation where the important scrutiny function is exercised in part through a “Shadow Cabinet" with an overtly political agenda has profound implications for the progress of the authority and is to be regretted.

The Council reminds members who have chosen to go down this route that the CPA report, which they along with the whole Council, accepted in January stated that the presence of a Shadow Cabinet had led to a situation where “the skills and commitment of Councillors is not harnessed for the benefit of local people” (para 57). The same report also highlighted the limited capacity amongst some members (para 59).

The Council declares that the reforming of a Shadow Cabinet, with an overtly political agenda, can only further dilute member capacity to the detriment of service to our residents. In order to minimise this danger the Council resolves that with immediate effect:

Clr M Taylor replaces Clr John Hurst as Chairman of the Communications and Engagements DSP with Clr Nadarajah becoming the Vice Chairman.

Clr Fines replaces Clr Kerr as Vice-Chairman of the Development Control Committee.

In this way the Council can ensure that the member appointed to serve the community of South Kesteven in undertaking these important functions have both the capacity and the confidence of residents in their willingness to place their duty to the public ahead of their political aspirations.

The Council also asks that if the “Shadow Cabinet” continues then with immediate effect it extends to all other members the courtesy of confirming positions and membership, the constitution and remit, methods by which members were appointed, and how it intends to resolve the fundamental obstacles to effective scrutiny outside the Council’s constitution that were identified by the CPA report.

The following motion had been proposed by Councillor Mrs Neal:

This Council declares that the decision of some members of the non-administration group to return to a situation where the important scrutiny function is exercised in part through a “Shadow Cabinet" with an overtly political agenda has profound implications for the progress of the authority and is to be regretted.

The Council reminds members who have chosen to go down this route that the CPA report, which they along with the whole Council, accepted in January stated that the presence of a Shadow Cabinet had led to a situation where “the skills and commitment of Councillors is not harnessed for the benefit of local people” (para 57). The same report also highlighted the limited capacity amongst some members (para 59).

The Council declares that the reforming of a Shadow Cabinet, with an overtly political agenda, can only further dilute member capacity to the detriment of service to our residents. In order to minimise this danger the Council resolves that with immediate effect:

Clr M Taylor replaces Clr John Hurst as Chairman of the Communications and Engagements DSP with Clr Nadarajah  ...  view the full minutes text for item 82.

Report number FIN214 by the Director of Finance & Strategic Resources.

                                                                                                      (Enclosure)

(1)         To note that a further report on the final Public Service Agreement (PSA) Round 2 bid by the Chief Executive will be presented to the Cabinet for consideration at the appropriate time;

(2)         That the Cabinet develops the LPSA2 bid and incorporates its impact in budget development for 2005/06 and beyond.

The Director of Finance & Strategic Resources presented his report number FIN214 the purpose of which was to update the Council on progress with the PSA Round 2 bid being co-ordinated by the Lincolnshire County Council.  The report also covered the background to the bid and the next stages of the process.

The Director of Finance & Strategic Resources added that the budgetary proposals coming out of the bid would be incorporated into the impact on the budget round for 2005/06 and beyond.  The targets referred to in the report still stood at 16 across the county.  The authorities were still in negotiations with the sponsoring department, the ODPM, to bring the number of targets down to 12.  Once those targets were finalised a report would be brought to the council on their impact.

The Director of Finance & Strategic Resources to report.      (Enclosure)

DECISION: To note the latest position on the Local Government Settlement for 2005/06 and to await the briefing paper to be circulated to all members by the Director of Finance & Strategic Resources.

The Director of Finance & Strategic Resources informed the Council that the Government had recently announced the local government settlement for 2005/06.  he had made a presentation on this to the Capacity & Resources DSP and the Cabinet on 6^th December 2004.  A briefing note had been prepared for distribution to all Councillors on the main impact of the settlement.  More money had been given to local government for next year amounting to 6.2%.  South Kesteven had received a cash increase of grant of 5.06% which equated to just over £400,000.  This would mean a little more to be included within the medium term financial strategy.  However, further information was still awaited on the details of the settlement which would require additional work once known.  The Director concluded his brief report by stating that he had received a letter from the Local Government minister that afternoon to say that details of capping will not be published until Councils have set their budget at the end of February.  He stated that this indications were that the Government were expecting that council tax increases will be averaging less than 5% for next financial year.

Report number DLS13 by the Corporate Manager, Democratic & Legal Services.                                                                                (Enclosure)

DECISION: That Councillor Helyer be nominated to serve on Stamford Vision.

As a result of the vacancy arising on Stamford Vision (formerly the town centre management partnership) as detailed in report DLS13, there were no other nominations besides Councillor Helyar put forward.

Four questions had been submitted prior to the meeting.  In view of the decision to close the meeting after three hours duration, these would be carried over until the next ordinary meeting of the Council.

The meeting closed at 5.20 p.m.