Agenda and minutes

Venue: Council Chamber, Council Offices, St. Peter's Hill, Grantham

Contact: Lena Shuttlewood Tel: 01476 406119  e-mail  l.shuttlewood@southkesteven.gov.uk

Items
No. Item

94.

Public Open Forum

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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.

Minutes:

(2.00p.m. – 2.17p.m.)

 

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

 

Question: Mrs Mary Patrick, 119 Essex Road, Stamford

 

Mrs Cartwright - do you think its fair for a 36 year old woman who is on a sheltered housing complex who creates mayhem to be moved to another complex to create more mayhem?

 

Response: Councillor Mrs Cartwright

 

Thank you Mrs Patrick. The letting policy ensures that anyone who has caused problems is fully supported by agencies to prevent further problems.

 

Supplementary Question: Mrs Patrick

 

Thank you Mrs Cartwright. Well, for five years this lady had caused mayhem to tenants, especially the one who is now in house. We have tried our best to facilitate her the right way of life. But, the family put her on an ASBO and her behaviour is worse than ever. The flat is like a ‘K’-shop, a drinking den and drugs.

 

It is not fair to decent living tenants and she was told by her carers that she was going to be moved to another complex in Stamford which was warden-controlled (technically, yes, it is warden-controlled because the warden goes round three times a week but is not living on site) If she was put on that complex, the ASBO said that she must not drink in Stamford or anywhere about but it is only three quarters of a mile from the county boundary where she can go and get liquor. But the men bring the liquor in. They are there until the a-fitted time of 9 o’clock and I don’t think this is good for the neighbour underneath and then from 9 until 2 in the morning, the television is full blare. Thank you very much.     

 

Response: Councillor Mrs Cartwright

 

Yes, we do understand this case and have looked into it. In actual fact this is one of the cases where we actually have very good support; we are working with three agencies to correct these issues. And it is a poor example really in a way from your point of view. Some times the agencies do not support us but in this particular case we are getting excellent support and we hope to have the issues resolved.

 

Question: W. R. Adams, Secretary Grantham Bowling Club

 

Why is it necessary to withdraw rate relief from voluntary organisations and why is SKDC the only local council proposing this course of action?

 

What is the basis of calculation for assessing the various charges?

 

Response: Councillor Terl Bryant

 

Thank you Mr Chairman. I would ask you to suspend standing orders because I wrote the answers out yesterday and it came to two full pages. I have given a copy to the gentleman, Mr Adams, of that informal briefing. I will make the answers very short. I actually welcome the opportunity of this question because it gives this Council the opportunity, yet again, to ensure that the local papers pick up the fact  ...  view the full minutes text for item 94.

95.

Apologies for Absence

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Minutes:

Apologies for absence were received from Councillors Mrs Bosworth, Brailsford, Conboy, Moore, Mrs Radley, Radley, Steptoe, Stokes, Waterhouse, Mrs Williams and Wood.

96.

Declarations of Interest

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

Minutes:

There were none declared.

97.

Minutes of the Ordinary meeting held on 27th October 2005 and the Extraordinary meeting held on 5th January 2006 pdf icon PDF 77 KB

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Additional documents:

Minutes:

The minutes of the meetings held on 27th October 2005 and 5th January 2006 were confirmed as a correct record, subject to the following amendment to minute 78 of the meeting held on 27th October 2005.  

 

“In his right of reply, Councillor John Hurst re-asserted that the Council would face the situation of responsibility without power; it was not solely about housing or money in particular, but the throwing away of democracy. He requested a recorded vote in accordance with Council procedure rule 16.4. This was supported by more than ten members.

 

The vote on the motion was as follows.  

 

FOR

 

AGAINST

ABSTAIN

Cllr Bisnauthsing

Cllr Miss Channell

Cllr Mrs Gaffigan

Cllr Gibbins

Cllr Fereshteh Hurst

Cllr John Hurst

Cllr Howard

Cllr Mrs Jalili

Cllr Joynson

Cllr Kerr

Cllr O’Hare

Cllr Selby

Cllr Steptoe

Cllr Thompson

Cllr Wilks

Cllr A. Williams

Cllr M. Williams

Cllr Wood

Cllr Mrs Woods

Cllr Auger

Cllr Mrs Bosworth

Cllr Brailsford

Cllr Bryant

Cllr Carpenter

Cllr Mrs Cartwright

Cllr Craft

Cllr Fines

Cllr Fisher

Cllr Helyar

Cllr Lovelock

Cllr Moore

Cllr Nadarajah

Cllr Mrs Neal

Cllr Nicholson

Cllr Parkin

Cllr Pease

Cllr Mrs Percival

Cllr Mrs Radley

Cllr Radley

Cllr Sandall

Cllr John Smith

Cllr Mrs Judy Smith

Cllr Stokes

Cllr G. Taylor

Cllr M. Taylor

Cllr Turner

Cllr G. Wheat

Cllr Mrs Wheat

 

Cllr Kirkman

19

29

1

 

 

The motion was lost.

98.

Communications (including Chairman's Engagements) pdf icon PDF 13 KB

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Additional documents:

Minutes:

(1)   Councillor Moore

 

The Chairman informed the Council that Councillor Moore was now at home but not yet able to walk. He hoped to be “back in business” in the next two to three months. He wished everyone well and sent his thanks for everyone’s kind thoughts during his recovery.

 

(2)   Vacancy: Market and West Deeping

 

DECISION:

 

That the seat formerly held by Councillor Galbraith in Market and West Deeping be declared vacant.

 

The Monitoring Officer reported that Councillor Galbraith has ceased to be a member of the council by virtue of his non-attendance in a six-month consecutive period. In accordance with section 86 of the Local Government Act, Council must declare the seat vacant so that a by-election can take place. On being put to the vote, this was agreed. A member from Mr Galbraith’s political party stated that his non-attendance had been a result of very serious and ongoing personal difficulties, not any indolence on his part.

 

(3) Alcohol and Entertainment Licensing Committee

 

A member congratulated Councillor Mrs Wheat, Chairman of the Licensing and Alcohol and Entertainment Licensing Committees, the Committee members, Environmental Health, Legal and Democratic officers in the way they carried out the alcohol and entertainment licensing of all the premises in the district. This had been done professionally, courteously and expediently.

 

(4) Leader’s announcement: Executive Functions and Appointment of Deputy Leader

 

Councillor Mrs Neal gave formal notification, in accordance with Council procedure rule 17.2, of the resignation of Councillor Martin-Mayhew from the position of Deputy Leader and the appointment of Councillor Carpenter to the position with effect from 28th November 2005. In accordance with Article 7.6 of the constitution, Councillor Mrs Neal had taken responsibility for Councillor Martin-Mayhew’s executive functions.

 

(5) Chairman’s Engagements

 

The Chairman presented the list of civic engagements for November and December 2005. There were some amendments to the lists: the event on 27th November had been attended using his own transport. The Chairman had also attended the Salvation Army Carol Concert in Bourne on 4th December 2005, using his own transport. A highlight of December had been the distribution of presents to all staff with Councillors Mrs Neal, Mrs Cartwright and the Chief Executive.

The Chairman also announced that he was holding a joint fundraising concert with the Mayor of Bourne, Councillor Mrs Smith, at the Bourne Corn Exchange at 7.30p.m. on 17th February 2006.

 

(6) Other announcements

 

The Chairman congratulated Councillors Hurst on the recent birth of their first grandson.  Councillor Mrs Dexter was also congratulated on the birth of her grandson on Boxing Day.

99.

Notice of Motion given under Council Procedure Rule 12:

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By Councillor Don Fisher:

 

“That this Council deplores reductions in the Health Services and requests the following:-

 

(1)     That there be no reduction in mental health service beds (said to be 8) moving from the Resources Centre at Stamford to Grantham. (This to the Peterborough and Stamford Hospital NHS Trust).

 

(2)     That at least one Chemist shop be open part time on Sundays for

prescriptions to be obtained locally.  (This to the Lincolnshire S.W.

         Primary Care Trust.)

 

(3)     That there be no reductions in the Carers Service in South Kesteven

         as a result of a review taking place at present.  (This to Lincolnshire

          S.W. Primary Care Trust.)”

Minutes:

By Councillor Fisher

 

DECISION:

 

(1)   That this Council deplores reductions in the Health Services and requests that the health scrutiny committee of the county council considers the following:

 

(a)   That there be no reduction in mental health service beds (said to be 8) moving from the Resources Centre at Stamford to Grantham and that the proposed cut in the provision of counselling and psychotherapy services (which currently has a valuable length of waiting list, depending on the size of establishment) be resisted and hours allocated for counselling be increased or at least remain unchanged.  (This to the Lincolnshire Mental Health Authority).

(b)  That at least one Chemist shop be open part time on Sundays for prescriptions to be obtained in Bourne and The Deepings. (This to the Lincolnshire S.W. Primary Care Trust).

(c)   That there be no reductions in the Carers Service in South Kesteven as a result of a review taking place at present. (This to Lincolnshire Social  Services).

 

(2)    A change has been proposed to drastically reduce the no of PCTs and to transform their role to commissioning of services rather than directly providing them, will further erode the provision of services at a local level and the accountability of trusts to local people.

 

Coupled with this, it is deplorable that the Secretary of State for Health has announced meeting financial targets must have the same priority as meeting key health targets.

 

It is clear that centrally-driven reforms are failing to take into account the specific issues faced by people in rural areas and this should be investigated.

 

Decisions about health priorities and the delivery of services should be fully integrated with local authorities. Current deliberations on the structure and role of local government provide a good opportunity to explore this.”

 

Therefore the Council should write to the Secretary of State expressing these views. 

 

Councillor Fisher proposed the following amended version to the motion he had submitted:     

 

That this Council deplores reductions in the Health Services and requests that the health scrutiny committee of the county council considers the following: 

 

1)     That there be no reduction in mental health service beds (said to be 8) moving from the Resources Centre at Stamford to Grantham. (This to the Lincolnshire Mental Health Authority).

2)     That at least one Chemist shop be open part time on Sundays for prescriptions to be obtained in Bourne and The Deepings. (This to the Lincolnshire S.W. Primary Care Trust).

3)     That there be no reductions in the Carers Service in South Kesteven as a result of a review taking place at present. (This to Lincolnshire Social  Services).

 

In proposing the motion, Councillor Fisher stated that although the Council’s motion may not be perceived to be making a difference, he insisted that it should be seen to be fighting for the community’s amenities, especially for health services; sometimes this did make a difference. He understood that all hospital sites would be preserved in future for health purposes, as a result of the Council. He considered the  ...  view the full minutes text for item 99.

The meeting adjourned 3.12p.m. – 3.34p.m.

100.

Change of date of scheduled Ordinary meeting

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Having regard to the fact that the Police Authority is to meet on 24th February,

it will not be possible for this Council to set the council tax at its scheduled

meeting on 23rd February.  The Council is asked to agree to re-scheduling

this meeting to Thursday 2nd March 2006.

Minutes:

DECISION:

 

That the scheduled meeting of the Council on 23rd February 2006 be re-scheduled to 2nd March 2006.

 

The Chief Executive reported that the Police Authority was due to meet on 24th February 2006 to agree its budget. The Council would therefore need to re-schedule it budget and council tax setting meeting arranged for 23rd February to a later date. It was proposed and seconded that this be arranged for 2nd March 2006. This was carried on being put to the vote.

101.

Overview & Scrutiny Annual Report to Council pdf icon PDF 20 KB

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Report number DLS54 by the Scrutiny Officer.                            (Enclosure)

Additional documents:

Minutes:

DECISION:

 

The Council notes the Overview and Scrutiny Annual Report for 2004/2005.

 

Councillor Lovelock, Chairman of the Resources Development and Scrutiny Panel (DSP), presented report DLS54, which had been prepared by the Scrutiny Officer. The Overview and Scrutiny Annual Report for 2004/2005 was appended to the report. Councillor Lovelock expressed his privilege and pleasure in presenting this, because the report clearly demonstrated that the Council had got hold of the scrutiny arrangements in the right way. He thanked the Scrutiny Officer and his team for the intense volume of work in supporting the DSPs. He also thanked the Cabinet for its support and for attending the DSP meetings. He earnestly commended the report, as a historical document, to the Council.

 

Many members reiterated these comments, including appreciation of the Scrutiny Officer’s work. The report specifically was also highly praised with one member asking that all Council reports be written in the same clear format.

 

A schedule of call-ins had also been appended to the report and this was discussed by the Council. It was noted that very few call-ins had resulted in a change of decision by the executive, but it was suggested that creativity, not call-in, was the essence of scrutiny success. The potential conflicting roles of the administration and opposition in scrutiny were discussed but it was also noted that the administration had been significant contributors to call-in requests and four requests had been refused by the DSPs themselves. Administration members insisted that they were active in constructively criticising the executive. Nevertheless, some members suggested that a mechanism should be investigated whereby chairmanships could be offered to opposition members to further facilitate the role of challenging the executive.

102.

Amendments to the Constitution - Delegation to Officers pdf icon PDF 15 KB

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Report number DLS59 by the Corporate Manager, Democratic & Legal Services.                                                                                            (Enclosure)

Minutes:

DECISION:

 

To approve the following schedule of amendments to officer delegation within the Council’s Constitution, as reported to the Chief Executive, and effective from 6th January 2006.

 

OFFICER DELEGATED AUTHORITY

 

CHANGE REQUIRED

All duties relating to those currently delegated in Part 3 of the Council’s Constitution to the Development Control Services Manager

 

All such duties to be taken over by the Head of Planning Policy and Economic Development who will also be assigned “Acting Development Control Services Manager”.

 

Delegated authority for the Head of Environmental Health Services to act in respect of relevant statutory requirements contained in various new or previously omitted legislation

Delegated authority in respect of various relevant statutory provisions under the following legislation:-

Burials Act 1857

Dairy Products (Hygiene) Regs 1995

Dogs Act 1871

Egg Products Regs 1993

Food Hygiene (England) Regs 2005

Food Labelling Regs 1996

Food Safety (Fishery Products) Regs 1992

Food Safety (Fishery Products on Fishing Vessels) Regs 1992

Food safety (General Food Hygiene) Regs 1995

Food Safety (General Food Hygiene) (Butchers Shops) Amendment Regs 2000

Food Safety (Live Bivalve Molluscs and Other Shellfish) Regs 1992

Food Safety (Temperature Control) Regulations 1995

Fresh Meat (Beef Controls) (No.2) Regulations 1996

Fresh Meat (Hygiene and Inspection) Regulations 1992

Housing Act 1995

Housing Act 1996

Housing Grants Construction and Regeneration Act 1996

Housing (Fitness Enforcement Procedures) order 1996

Housing (Prescribed Forms) (No.2) Regulations 1990, as amended 1997

Houses in Multiple Occupation (Charges for Registration Schemes) Order 1997

Housing (means of Escape from Fire in Houses in Multiple Occupation) Order 1981

Licensing Act 2003

Meat Products (Hygiene) Regulations 1994 (as amended)

Minced Meat and Meat Preparations (Hygiene) Regulations

National assistance Act 1948 & 1951

Pollution Prevention and Control Act 1999

Registered Homes Act 1984

Slaughter of Poultry Act 1967

The Housing (deferred Action and Charge for Enforcement Action) (Forms) Regulation 1996

The housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997

The Housing (Fire Safety in HMO’s) Order 1997

The Housing (Fitness Enforcement Procedures Order 1996

The Housing (Management of Houses in Multiple Occupation) Regulation 1990

The Housing (Maximum Charge for Enforcement Action) order 1996

The Housing (Recovery of Expenses for Section 352 Notices) Order 1997

The European Communities Act1 972 and any orders or regulations made thereunder or having effect by virtue of this Act.

The Gambling Act 2005

The General Food Regulations 2004

The Official Food Controls (England) Regulations 2006

The Food Hygiene (England) Regulations 2006

 

 

The Corporate Manager of Democratic and Legal Services presented report DLS59, which set out the schedule of changes to officer delegation that had been reported to the Chief Executive as Head of Paid Service. Approval was required from the Council to amend the Constitution accordingly. The Corporate Manager also reported that The Gambling Act 2005, The General Food Regulations 2004, The Official Food Controls (England) Regulations 2006 and The Food Hygiene (England) Regulations 2006 needed adding to the delegated authority to the Head of Environmental Health Services. It was proposed and seconded that the required amendments to the Constitution  ...  view the full minutes text for item 102.

103.

Recommendations from the Constitution & Accounts Committee pdf icon PDF 18 KB

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Report number DLS60 by the Corporate Manager, Democratic & Legal Services.                                                                                    (Enclosure)

Minutes:

DECISION:

 

That the following rules be included in the Council’s Constitution.

 

1)         That Chairmen or Vice-Chairmen (at the request of the Chairmen) have a right to attend open and private cabinet meetings and speak on behalf of their DSP on relevant matters provided that the Chairman (or Vice-Chairman on behalf of the Chairman) reflect the views of the Panel and undertake to communicate those deliberations of the cabinet meeting back to the DSP.

 

2)         That reciprocal arrangements be granted to the Cabinet Portfolio Holders to attend and speak at relevant DSP meetings.

 

3)         That Chairmen or Vice-Chairmen of DSP’s be allowed to speak at Cabinet meetings before debate of a relevant DSP item.

 

The Leader of the Council presented report DLS60 by the Corporate Manager of Democratic and Legal Services, which set out recommendations from the Constitution and Accounts Committee. These recommendations had been prompted by a recent meeting of the Scrutiny Co-ordination Group. The Leader proposed acceptance of the recommendations and this was seconded.  

 

A member proposed an amendment to the motion: that “and private” be removed from recommendation number 1, because Cabinet should be able to hold private meetings without Chairmen attending. This was seconded. The member was also concerned about recommendation number 2 because it gave potential for undue influence by Cabinet members on the work of Development and Scrutiny Panels.

 

On being put to the vote, the amendment was lost. A vote on the original motion was carried.

104.

Appointment of Council Board Representatives for new Large Scale Voluntary Transfer Registered Social Landlord pdf icon PDF 19 KB

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Report number DRS30 by the Director of Regulatory Services.  (Enclosure)

Minutes:

DECISION:

 

That Councillors Kirkman, Mrs Percival, Thompson, Turner and Mike Williams be appointed to the Shadow Board for the new Registered Social Landlord for the purposes of Large Scale Voluntary Transfer.

 

The Organisational Development and Housing Services Portfolio Holder presented report DRS30 by the Corporate Director of Regulatory Services. The report explained that nominations were required for the Board of the new Registered Social Landlord for the purposes of Large Scale Voluntary Stock Transfer. The Board would include five Council representatives. The Portfolio Holder explained that throughout the Stock Option process, there had been significant cross-party support. She therefore nominated Councillor Mike Williams to the Board. Further nominations were received for Councillor Mrs Percival, Councillor Thompson, Councillor Kirkman, Councillor Turner and Councillor Bisnauthsing. All nominations were seconded. 

 

The Chairman clarified that these appointments were initially to the Shadow Board. If necessary, these appointments could be changed by the Council should Large Scale Voluntary Transfer proceed and the Board comes into existence.

 

All members were given five votes each. The nominations were called in alphabetical order and votes cast. The five members with the highest number of votes were appointed to the Board.

105.

District Council Representatives on Town Centre Management Partnerships pdf icon PDF 17 KB

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Report number PLA551 by the Head of Planning Policy & Economic Regeneration.                                                                                   (Enclosure)

Minutes:

DECISION:

 

(1)   That Councillor Helyar be nominated to serve on the Deepings Town Centre Management Partnership (TCMP) until March 2007;

(2)   That Councillor Joynson assume that responsibility from March 2007 until the District elections in 2007;

(3)   That Councillor Howard continues to serve on the Deepings TCMP until March 2006;

(4)   That Councillor Pease be nominated to serve on the Deepings TCMP from March 2006 until March 2007.

 

The Corporate Manager of Democratic and Legal Services presented report PLA551 by the Head of Planning Policy and Economic Regeneration, which set out the nominations to the Deepings Town Centre Management Partnership following the former representative’s resignation. Recommendations for nominations in accordance with the rotation of ward members were set out in the report. Recommendation (e), however, was no longer appropriate given that Councillor Galbraith was no longer a member of the Council. The Economic Development Portfolio Holder therefore proposed that recommendations (a) to (d) be accepted. This was seconded.

 

It was noted that “March 2005” needed amending to “March 2006” in the last sentence of the second paragraph of part 2 of the report.

 

A member proposed an amendment to the motion: that Councillor Joynson be nominated to serve on the Deepings TCMP until the District elections in 2007. This was lost on being put to the vote. A further vote on the original motion was carried.

106.

District Council Representation on Grantham Canal Partnership pdf icon PDF 15 KB

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Report number PLA552 by the Head of Planning Policy & Economic Regeneration.                                                                                   (Enclosure)

Minutes:

DECISION:

 

That with immediate effect, the Economic Development Portfolio Holder be appointed as the District Council’s representative on the Grantham Canal Partnership.

 

The Corporate Manager of Democratic and Legal Services presented report PLA553 by the Head of Planning Policy and Economic Regeneration, which reviewed the Council representation on the Grantham Canal Partnership. It was recommended that the Economic Development Portfolio Holder assume this responsibility. This was proposed and seconded.

 

Councillor Wilks, the current representative on the Grantham Canal Partnership, who had served on the body for over twenty years, agreed with the proposal. He explained how the power and membership of the Partnership had grown over and he was pleased that the Portfolio Holder was taking over as the Council’s representative. The Portfolio Holder expressed his appreciation to Councillor Wilks for the work he had put into the Partnership in moving it forward. The Portfolio Holder was keen to see the Partnership’s work progress even further.

 

On being put to the vote, the motion was carried.

107.

Questions without Discussion pdf icon PDF 21 KB

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Minutes:

Five questions had been submitted prior to the meeting. As Councillor O’Hare was not present at the meeting, questions 4 and 5 were put to Councillor Mrs Cartwright on his behalf by the Chairman.

 

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

 

Before the questions were put, the Chairman suggested that questions necessitating a lengthy pre-amble might be more effective as a notice of motion.

108.

CLOSE OF MEETING

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Minutes:

The meeting closed at 4.30p.m.