Agenda and minutes

Apologies for absence were received from Councillors Brailsford, Carpenter, Mrs Gaffigan, Fereshteh Hurst, Joynson, Norman Radley, Steptoe, Graham Wheat, and Mrs Mary Wheat.

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

Councillor John Smith declared an interest in the item on the review of the capital programme concerning the Bourne Core Area by virtue of the fact that he was a member of a private club situated in the area.

Minutes of the meeting held on 1^st March 2007.                           (Enclosure)

The minutes of the meeting held on 1^st March 2007 were signed as a correct record by the Chairman, subject to the following points being noted:

Councillor Shorrock referred to his question without discussion put to Councillor Carpenter.  Councillor Carpenter had not been present at the meeting, and in accordance with council procedure rules, Councillor Carpenter should have provided a written response to Councillor Shorrock.  However, Councillor Shorrock stated that despite having spoken to Councillor Carpenter, he was still awaiting a reply.

Councillor Bryant referred to his reply to Councillor Shorrock’s supplementary question put to him at the meeting.  He stated the verbatim recording of his response was incorrect and the end of the penultimate sentence should read:

….. taking advice from Ms. Helen England who is our risk monitor to say as we are seeking our advice on the equipment that is the advice we must take which includes action.

                                                                                                (Enclosure)

A list of the Chairman and Vice-Chairman’s engagements since the last council meeting had been circulated with the agenda.

The Chairman announced that he and Councillor Conboy had arranged a St. George’s Day supper on 23^rd April 2007.  Tickets were still available for this event and proceeds would be donated to the Chairman’s charities and the Friends of Stamford Hospital.

Councillor Lovelock then indicated his wished to make a statement to record his personal thanks to Councillor John Kirkman who was not standing for re-election.  Councillor Lovelock thanked Councillor Kirkman for his efforts and support as chairman of the Resources DSP.

In accordance with Access to Information Procedure Rule 17.3, the Leader to submit a report on a key decision taken under special urgency provisions.

                                                                                                            (Enclosure)

The Council received and noted report CAB02 by the Leader on an urgent key decision which had been taken on 5^th March 2007.  The decision was to authorise officers to withdraw from the tender process in relation to dry recyclables and to re-tender to achieve the most economically advantageous outcome for the Council.  This decision could not reasonably have been deferred due to the timescales identified within the tender process.

The Cabinet to recommend approval of the revised Capital Programme and Treasury Management Strategy:

Report number CHFR43 to the Cabinet by the Corporate Head of Finance & Resources is re-circulated for members’ information.                (Enclosure)

DECISION:  To adopt the revised Capital Programme for 2007/08 as attached at appendix A and the Treasury Management Strategy at appendix B to report number CHFR43.                                 

Members had previously been circulated with a copy of report number CHFR43 prepared by the Corporate Head, Finance & Resources which had been considered by the Cabinet on 2^nd April 2007.  This report explained that the capital programme for 2007/08 approved by Council on 1^st March had now been revised to reflect the notification of the award of £582,680 Capital Grant from the Department for Environment & Rural Affairs.  This grant was made towards the cost of capital works proposed for the decontamination of the car park at Wharf Road in Stamford.

The report also explained that the capital programme had been amended to include the private sector renewal programme and Housing General Fund.  Having considered the contents of this report, the Cabinet had recommended Council adopt the revised Capital Programme and approve the appended Treasury Management Strategy to reflect the changes described in the proposed capital financing of the programme.

A member asked the Corporate Head of Finance & Resources at what stage did any significant changes get reported back to the Council and what would constitute a “significant change”.  The officer replied that after the out turn at the end of June, any changes resulting from that or from changes in the economic climate would be reported to the next scheduled Council meeting in the summer period.  The projections for the year appeared to be correct, so any changes reported would be only if they represented real material change.

A question was asked whether the funding received for the decontamination of the Wharf Road car park in Stamford could not be put into the general fund and perhaps used to assist some of the local traders whose businesses had suffered during work on the Gateway project.  The Corporate Head explained that car parking was a revenue issue and capital finance could not be used to support revenue costs.

Report number CEX373 by the Chief Executive.                       (Enclosure)

DECISION: To approve that, with effect from 17^th May 2007, the following new committee arrangements shall come into effect:

(1)  a new structure for scrutiny and policy development comprising three 7 member Policy Development Groups (PDGs) with remits as follows:

(a)       Resources.  This PDG will be co-terminus with the remit of the Cabinet Portfolio responsibilities for Resources and Assets, and Organisational Development as set out in the current Council’s Constitution;

(b)       Engagement.  The remit will be co-terminus with the Cabinet Portfolio responsibilities for Access and Engagement, and Strategic Partnerships as set out in the current Council’s Constitution;

(c)       Community.  This remit will be co-terminus with the Cabinet Portfolio responsibilities for Economic Development and Healthy Environment as set out in the current Council’s Constitution.

(2)  The formation of an 11 member Scrutiny Committee with powers to exercise call-in over both executive matters and all other call-in functions granted to the Council over third parties.

(3)  That the size of the Development Control Committee to remain at 17 members.

(4)  That the Chief Executive is instructed to prepare a new Constitution for formal adoption on 17^th May 2007 which details all consequential amendments needed to implement this decision.                           

The Leader, in her capacity as Chairman of the Constitution & Accounts Committee, moved the recommendations contained in report number CEX373.  These were seconded. She explained that the committee had spent considerable time discussing these important changes and were of the opinion that a certain level of expertise and professionalism was required to be a member of the Scrutiny Committee.  For this reason the membership of the committee was revised to 9 instead of 11.

Discussion began with a number of members expressing their strong concern at the proposed reduction in the number of the Development Control Committee from the present 17 down to 15.  Points raised covered the apparent “decimation” of this regulatory committee, the increasing delegation of the vast majority of development control decisions to officers, the importance of members’ local knowledge in considering applications, and the erosion of democracy caused by these changes to the planning process.  The Council heard from the longest serving member on this committee as he expressed his concerns about the importance of the public being able to have their say through their elected representatives.  An amendment was proposed and seconded that the number of the Development Control Committee be left at 17 members.

In support of reducing the size of the committee, points were raised about the present difficulty in getting the full number of members to attend the meetings and the fact that any member could attend the meetings and request to speak on any application.  In responding, the mover of the original motion emphasised that this committee acted in a quasi-judicial capacity and the Constitution & Accounts Committee had been concerned that this required a certain level of knowledge and expertise and that was why mandatory training had been introduced.  There was no room for error in taking these decisions and therefore the  ...  view the full minutes text for item 135.

Report number SD10 by Ian Yates, Strategic Director.                 (Enclosure)

DECISION:

(1)      To remove the delegation of authority to the Welland Joint Committee  to carry out the functions of procurement;

(2)      To de-designate the Leader (Councillor Mrs Linda Neal) and the Deputy Leader (Councillor Paul Carpenter) and their substitutes, Councillor John Smith and Councillor Terl Bryant as voting members on the Welland Joint Committee.                             

Members had before them report number SD10 by the Strategic Director (Ian Yates) which explained that following on from the Cabinet decision to disengage from the Welland Partnership, it was necessary to put forward a report to Council to reverse the decision to delegate to the Welland Joint Committee authority to carry out functions of procurement on behalf of the Council.  In addition, the individuals originally nominated to the Welland Joint Committee also need to be de-designated.

The interests of the Council and the residents of the district were better served through the continued participation in the Lincolnshire enhanced two-tier partnership.  The Lincolnshire shared procurement service was making progress and further details would be reported in the near future.  The recommendations contained in the report were moved and seconded and, upon being put to the vote, carried.

The following item was accepted by the Chairman as a matter of urgency having regard to the fact that the letter of resignation was received after the agenda for this meeting had been despatched.

The Chief Executive reported that on 10^th April 2007, he had received a letter from Councillor Stephen Hewerdine informing him that he had resigned as a Councillor with effect from the date of the letter.

The Chief Executive advised that as this was the last meeting before the elections and the annual meeting, it was not his intention to recalculate the allocation of seats.

One question had been submitted prior to the meeting.  Verbatim details of the question, together with a supplementary question and answer, are set out as an appendix to these minutes.

          (1)  From Councillor Terl Bryant:

          “This council deplores the continuing degradation of services to the

          hospitals that serve our district and we will support any actions that can

          be taken to ensure the Labour Government reverse their current stance.”

          (2)  From Councillor Terl Bryant

          “This council welcomes the change in public perception that crime and

          antisocial behaviour has become less of a problem within South Kesteven district council area and we will now work with the county council to address traffic congestion and road pavement repairs.”

          (3)  From Councillor Mike Williams

          I move that the Constitution & Accounts Committee seek to change the

          Constitution with regards to notices of motion at meetings of this council.

          I move that no more than two notices of motion be debated at any single

          Council meeting and that because of time constraints, no notices of

          motion be allowed at the annual budget meeting.  I also move that no

          member be allowed to submit more than one notice of motion at any

          meeting of the council.”

(4)    From Councillor Rob Shorrock

          “This council notes that £463,049.10 has been spent to date on the use

of external consultants and agencies on the failed stock transfer process. The remit of the majority of these consultants was to advise the council on the most effective way of securing the transfer of council housing stock to a new housing association.  In this they demonstrably failed. Given that the use of consultants is currently at an all time high,

          procurement and commissioning criteria should be developed that

          Includes a performance related element as part of the contract for

          commission of consultants to ensure the best use of council resources

          and value for money for the taxpayer.”

          (5)  From Councillor Ian Selby

          “That this council pledges to review and improve the development

          control planning process so that the general public’s voice is

          heard with confidence and for it to encourage greater accountability

          from both planning officers and members of this council.”

          (6)  From Councillor Linda Neal

          “That on behalf of the communities of South Kesteven this council

          acknowledges, respects and thanks the commitment and dedication

          of all members of the council who will be retiring at the end of this

          civic year.”

(1) and (2) From Councillor Terl Bryant

DECISION: In accordance with Council procedure rule 14.8, to consent to the withdrawal of Councillor Bryant’s two notices of motion.

(3)  From Councillor Mike Williams

DECISION:

(1)      The Constitution Committee seek to change the Constitution with regards to notices of motion at meetings of this Council;

(2)      That no more than two notices of motion be debated at any single Council meeting with provision for the operation of a guillotine on such debates, and that because of time constraints, no notices of motion be allowed at the annual budget meeting;

(3)      No member be allowed to submit more than one notice of motion at any meeting of the Council.                                         

Councillor Mike Williams moved his motion which was seconded by Councillor Exton.  Councillor Williams explained his reasons for bringing this motion to Council; too many motions did not allow each motion to be debated properly.  He stated that the Lincolnshire County Council include provision for the operation of a guillotine on such debates and indicated that he wished to amend his motion to include a similar provision.  This amendment was agreed by his seconder.  A member asked who would decide which two motions were put forward.  The Chief Executive replied that, in common with other authorities that operated similar arrangements, it was usually the first two motions received that were included on the agenda and the decision would ultimately rest with him.  The Chief Executive was asked if this would affect the budget debate.  He replied that it would not affect the budget debate as amendments could be moved to substantive agenda items.  A member expressed concern at introducing a cut off after a specific period of time as he considered this to be a retrograde step.  After the Corporate Head of Finance & Resources had advised on the timings of the budget meeting, a vote was taken on the motion as amended and carried.

(4)  From Councillor Rob Shorrock

Councillor Shorrock had left the meeting during the refreshment break.  In his absence his notice of motion was moved but did not find a seconder.

(5)  From Councillor Ian Selby

DECISION: That this Council pledges to review and improve the development control planning process so that the general public’ voice is heard with confidence and for it to encourage greater accountability from both planning officers and members of this council.           

In moving his motion, which was later seconded by Councillor Mrs Jalili, Councillor Selby referred to his perception that attending the Development Control Committee felt like a waste of time as the decision had already effectively been made by the development control officers. He referred to the process that had to be followed when the committee wished to proceed contrary to the officers’ recommendation.  He stated that the public felt their views were not being heard and cited an example whereby an application was deferred for the production of amended plans.  However, the amended plans had not been available for viewing before the  ...  view the full minutes text for item 139.

DECISION: That the Chief Executive convey the concern of the Council to Councillor ken Joynson following his accident and to wish him a speedy recovery.                                                                          

Councillor Mike Williams requested that the best wishes of the Council be sent to Councillor Joynson who had recently suffered a serious eye injury following a fall.

The meeting closed at 5.07 p.m.