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.

(2.00p.m. – 2.07p.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: Rob Shorrock, Grantham Town Centre Residents Group, 4  

                  Launder Terrace, Grantham

Put in Mr Shorrock’s absence by the Chairman, in accordance with Council Procedure Rule 10.7.

The Highways and Planning Policy Working Group of LCC are meeting on the 7th March to discuss a proposal to introduce decriminalised parking arrangements county wide. Given that powers of enforcement was a key barrier to implementing residential street parking in central Grantham (see Report to Cllr R Auger Jan 2005) does the Council welcome this proposal?

Response: Councillor Mrs Linda Neal

This Council has in recent years shown an interest in the subject of decriminalisation and indeed is the first Council in Lincolnshire to have commissioned a report on the subject to determine the impact of decriminalisation of on-street parking in the area. We have asked Lincolnshire County Council as the highways authority for a policy statement on this matter so this latest development is to be welcomed. Decriminalisation can only be progressed in Lincolnshire with the support of the County Council.

Question: Rob Shorrock

Put in Mr Shorrock’s absence by the Chairman.

In the spirit of empowering communities, will the portfolio holder set up a working group with the Grantham Town Centre Residents Group to explore the options on developing and implementing a residential parking scheme in Grantham Town Centre?

Response: Councillor Ray Auger

The Council is always willing to work with local residents’ groupson issues which are of concern to them. Indeed, the Council has worked withresidents’ groups in Stamford for a number of years. Therefore, I am happy to work with the residents’ group in Grantham to agree a way forward with respect to resident parking schemes.

The Chairman advised that the Policy Framework Proposal on the 2005/2006 Budget would be considered prior to Communications, given the importance of this item of business. Members were also reminded of the additional urgent item on Re-allocation of Seats on Council Committees and Panels, which would be considered as agenda item 9a.

Apologies for absence were received from Councillors Bisnauthsing, Mrs Dexter, Neil Dexter, Genever, Helyar, Morris, Mrs Percival, Mrs Radley, Norman Radley, Selby and Wood.

A member informed the Council that Councillor Dexter had now returned home from hospital. The Chairman added that he had spoken to Councillor Dexter and had wished him well on behalf of the Council.  

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

There were no declarations of interest made.

Subject to the amendment of “descent” to “dissent” on page 10 of the Questions Without Discussion appended to the minutes, the minutes of the meeting held on 27^th January 2005 were confirmed as a correct record.

Report number FIN226 by the Director of Finance & Strategic Resources:

(1)  Budget 2005/2006:

• Section A – Cabinet Report to Council
• Section B – Chief Finance Officer’s Statement on Robustness and Adequacy of Reserves
• Section C – Council Tax Resolution for 2005/06
• Section D – Resolutions on Capital Financing                 (Enclosure)

(2)  Budget Book for 2005/2006                (Separate Enclosure to follow)

DECISION:

(1)     That the 2005/2006 Budget of revenue income and expenditure, the capital expenditure programme and Statement by Chief Financial Officer on the Robustness and Adequacy of Budget and Reserves as presented, be approved;

(2)     That the following amounts be now calculated by the Council for the year 2005/2006 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992 (as amended):-

The Chairman reported that he had received a letter from Councillor Genever, which he read. Councillor Genever thanked members for all their kind thoughts and words and he would be sorry to miss out on the “mischief making”. His brother was continuing to improve and was of a cheerful disposition despite his handicap.  The Chairman added that he would send a suitable reply on behalf of the Council.

The schedule of Chairman’s engagements was noted. 

The Chief Executive had circulated to each member a timetable for delivery of the development programme for members and a scrutiny questionnaire to be completed and returned accordingly.

(1)                  By Councillor Yvonne Gibbins

 “Given the facts that;

(1)                      Members with “special responsibilities” have higher allowances and have  recently been given an increase in their allowances, and

(2)                      CPA gave SKDC only a “fair” status,

I therefore propose that; all cabinet members, Chairmen and Vice-Chairmen declare their suitability for these posts and allowances, by informing all members of SKDC orally of their qualifications, experience and training, which make them the most appropriate person for their positions, and that they will regularly attend courses/workshops pertinent to their portfolios/panels remit”

(2) By Councillor John Hurst

“This Council considers that a Shadow Cabinet, enshrined in the Constitution, would enrich the developing democracy of the District, to the general good. Such Shadow Cabinet, in accordance with statute, must have objectives and processes that do not duplicate those of the DSPs or Cabinet.

The Shadow Cabinet will have the following remit:

1.             to recommend to the Scrutiny Coordinating Committee, subjects that could be included in the future work programme of the Development and Scrutiny Panels

2.             to advocate to the Cabinet, issues and concerns that it perceives to be relevant to the people of the District

3.             to proffer expertise and advice to the Executive

4.             to offer an alternative perspective to the Cabinet on consultation documents

5.             the Shadow Cabinet does not have the power of call-in.” 

(3)  By Councillor Stephen O’Hare

“That this Council believes that in relation to the multi million pound annual expenditure of this Council

1.             It is financially sensible to ensure that all members of the Cabinet have received appropriate external formal training;

2.             Where practicable it is financially sensible to ensure that any Councillor appointed to the Cabinet has received such training before appointment to the Cabinet;

3.             Any existing Cabinet member who has not received such training by the end of 2005 should seriously consider resigning from the Cabinet.”

(4)  By Councillor Stephen O’Hare

“That this Council believes that the format of Local Area Assemblies should be changed so as to allow members of the public to ask questions after the end of each item on the agenda and not be forced to wait until the very end of the meeting to be involved.”

(1)          By Councillor Yvonne Gibbins

DECISION: To not support the motion proposed by Councillor Gibbins.

The following motion had been proposed by Councillor Gibbins:

“Given the facts that;

(1)    Members with “special responsibilities” have higher allowances and have recently been given an increase in their allowances, and

(2)    CPA gave SKDC only a “fair” status,

I therefore propose that; all cabinet members, Chairmen and Vice-Chairmen declare their suitability for these posts and allowances, by informing all members of SKDC orally of their qualifications, experience and training, which make them the most appropriate person for their positions, and that they will regularly attend courses/workshops pertinent to their portfolios/panels remit”

In supporting her motion, Councillor Gibbins referred to professional organisations, where it was usually required to continually update knowledge and provide evidence to gain promotion. She considered that if the Council wished to raise its CPA score, its members should be prepared to undertake these two requirements. In seconding the motion, a member suggested that positions of responsibility were sometimes appointed because of personal ambitions rather than a member’s suitability to a position. Some members expressed agreement with this, mainly because of the need of members to be professional and accountable. The majority, however, did not support the motion and it was suggested that members were accountable to the electorate via elections and that experience and ability to interpret evidence were of more importance than qualifications. The motion was subsequently lost following a vote.

(2)          By Councillor John Hurst

DECISION: To not support the motion proposed by Councillor John Hurst.

The following motion had been proposed by Councillor John Hurst:

“This Council considers that a Shadow Cabinet, enshrined in the Constitution, would enrich the developing democracy of the District, to the general good. Such Shadow Cabinet, in accordance with statute, must have objectives and processes that do not duplicate those of the DSPs or Cabinet.

The Shadow Cabinet will have the following remit:

1.       to recommend to the Scrutiny Coordinating Committee, subjects that could  be included in the future work programme of the Development and Scrutiny Panels

2.       to advocate to the Cabinet, issues and concerns that it perceives to be relevant to the people of the District

3.       to proffer expertise and advice to the Executive

4.       to offer an alternative perspective to the Cabinet on consultation documents

5.       the Shadow Cabinet does not have the power of call-in.” 

Councillor Hurst began his supporting speech by reporting that the remit proposed for the Shadow Cabinet had been formed in consultation with the Chief Executive and the Monitoring Officer. The Chief Executive confirmed that it complied with the Local Government Act 2000. Councillor Hurst continued that his motion was not intended to be offensive or provocative but to enrich democracy at this authority by enshrining the Shadow Cabinet in the Constitution. He referred to the view of democracy expressed by Lord Hailsham and suggested that it would be courteous to support his motion. He added that whilst the Development and  ...  view the full minutes text for item 109.

Report number CEX281 by the Chief Executive.        (Enclosure)

DECISION:

(1)   That the articulation of the Council’s vision of pride as set out in the five booklets available on the intranet be approved;

(2)   To approve in principle the new ambitions and consequential adjustments to Development & Scrutiny Panel remits, as per report CEX281, so that appointments to these Panels can be made at the Council’s Annual General Meeting in April 2005.

The Chief Executive presented his report number CEX281 whose recommendations were proposed for acceptance, seconded and then carried on being put to the vote.

Report number CEX280 by the Leader and Chief Executive.  (Enclosure)

DECISION: To approve the 2005/06 South Kesteven Change Management Action Plan.

The Chief Executive presented report number CEX280 which he had prepared with the Leader. Approval of the Action Plan was proposed and this received a seconder. Although the content of the Plan was generally agreeable to members, it was suggested that too much change was embraced too quickly and there was concern that, in order to implement change, the necessary financial and human resources may not be available. It was one member’s view that staff morale was considerably low and it was important to acknowledge staff to underpin the implementation of such action plans. A number of members were concerned that an unreasonable number of projects had to be undertaken by the Council otherwise it would receive financial penalties from the Government. This was acknowledged but these members were reminded by others that the Council could not afford to risk losing out on government finance and it was therefore the responsibility of the Council to embrace the proposed Action Plan. On being put to the vote, the proposed approval of the Action Plan was carried.

DECISION: To approve the following membership changes and nominations:

(1)   The new Non-Aligned Group be entitled to one representative on the Development Control Committee and the Administration Group lose one seat on this Committee;

(2)   Councillor Mrs Woods be nominated to remain on the Development Control Committee as a representative of the Non-Aligned Group;

(3)   The new Non-Aligned group be entitled to one seat on one of the five Development and Scrutiny Panels;

(4)   Councillor Mrs Woods to surrender her seat on the Environment Development and Scrutiny Panel;

(5)   Councillor Wilks to surrender his seat on the Capacity & Resources Development and Scrutiny Panel;

(6)   Councillor Mrs Woods be nominated to serve on the Capacity & Resources Development and Scrutiny Panel;

(7)   That Councillor Pease be nominated to serve on the Environment Development and Scrutiny Panel.

The Chief Executive presented his report number CEX282 which, in accordance with the provisions of the Local Government Act to deal with the reallocation of seats as soon as practicable, the Chairman had allowed as a late report. It was proposed and seconded that the report’s recommendations be accepted with the additional nomination of Councillor Pease to serve on the Environment DSP. On being put to the vote, this was carried.  

Report number HR&OD76 by the Corporate Manager, Human Resources and Organisational Development.                                             (Enclosure)

DECISION: To adopt the revised Generic Equality Scheme.

The Corporate Manager of Human Resources & Organisational Development presented his report number HR&OD76 which included a revised Generic Equality Scheme and Action Plan. The reasons for amending the current scheme were outlined in the report. The Corporate Manager spoke about the difficulties of embedding equalities in services and policy making, especially within a mainly rural district, and it was intended the revised scheme would address this. The officers were congratulated and thanked for the considerable work undertaken on the scheme and it was proposed for adoption. This received a seconder and was carried following a vote.

Report number DLS17 by the Corporate Manager, Democratic & Legal Services. [Deferred from last Council meeting.]               (Enclosure)

DECISION: Subject to minor amendment, to adopt the revised Policy Practice and Compliance Procedures for use for all Council investigations where an authority under the Regulations of Investigatory Powers Act 2000 is required.

The Corporate Manager of Democratic & Legal Services presented his report number DLS17, which had been deferred from the last Council meeting. It now contained copies of authorisation forms and the Code of Practice for the Council’s CCTV services. The Corporate Manager gave further explanation of the legislative background which necessitated certain revisions to the Council’s existing policy document. A member asked for the reference to “paragraph 6” in paragraph 8 of the CCTV Code of Practice be amended to “paragraph 1.6”, paragraph 10.1 to be amended to the past tense and, with regard to the main policy document, “draft” be removed from the appended authorisation form and for the restricted form not to be used until it is completed. Another member asked for clarification on the impact of this document on statutory human rights to which the Corporate Manager replied that he was unable to offer his assurance that it would not impact on human rights.

Adoption of the revised document was proposed. This was seconded and carried on being put to the vote.  

Report number FIN227 by the Director of Finance & Strategic Resources.

                                                                                                            (Enclosure)

DECISION:

(1)   To approve report FIN227 clarifying members’ allowances from 28^th April 2005 and the amount of travelling and subsistence allowances which can be claimed by members, subject to the amendment of paragraphs 9 and 2 of the notes to travelling expenses and subsistence expenses respectively, to reflect the current Development & Scrutiny Panel and Quasi-Judicial Committee system;

(2)   To establish a working group to investigate and report to a future meeting of the Council the issue of members attending more than one meeting on one day being entitled to subsistence expenses rather than being required to return home between meetings, at a potentially greater cost to the Council.

The Corporate Director of Finance & Strategic Resources presented his report number FIN227 which clarified the amount of travelling and subsistence allowances claimable by members. Acceptance of the report was proposed and seconded but some members were concerned that the report required clarification on members’ rights to subsistence expenses when attending a number of meetings in one day. It was agreed with the proposer and seconder to include in the proposal the establishment of a working group to investigate this matter. On being put to the vote, this was carried.

Report number DLS25 by the Corporate Manager, Democratic & Legal Services.                                                                       (Enclosure)

DECISION: To approve the following nominations:

(1)   Councillor Kirkman to serve on the Black Sluice Internal Drainage Board;

(2)   Councillors Kerr and Radley to serve on the Upper Witham Internal Drainage Board;

(3)   Councillors Auger, Joynson, Helyar, Howard and Pease to serve on the Welland and Deepings Internal Drainage Board.

The Chief Executive presented report number DLS25 by the Member Services Manager. Nominations were invited for a representative to serve on the Black Sluice Internal Drainage Board. It was proposed and seconded that Councillor Kirkman continue his appointment. This was carried following a vote. For the two seats on the Upper Witham Internal Drainage Board, nominations were received and seconded for Councillors Norman Radley, Kerr and Craft. In accordance with Council Procedure Rule 16.7, a vote for each member was taken individually and a majority of votes were cast for Councillors Norman Radley and Kerr. It was proposed that the current members serving on the Welland and Deepings Internal Drainage Board continue their service. This received a seconder and on being put to the vote, was carried.

In accordance with Council Procedure rule 9, as the meeting was nearing being in progress for three hours, the majority of members present voted for the meeting to continue.

Four questions had been submitted prior to the meeting.

Verbatim details of the questions, together with supplementary questions and their responses are set out in the appendix to the minutes.

The meeting closed at 5.28p.m.