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.

One question was received from Mrs Mary Patrick, Stamford.

Question

Please could you tell me what provision is being made for the severely disabled when the travel vouchers finish in December. Thank you.

Answer – Councillor Mrs Spencer-Gregson (Resources and Assets Portfolio Holder)

Thank you for your question Mrs. Patrick. If someone is severely disabled we would very much hope and encourage individuals to seek support and help provided by the government’s mobility allowances. These are specifically designed to provide the help needed by severely disabled individuals in meeting their transport costs and needs. In addition, whilst our travel vouchers, which give a maximum of £28 per year in rural areas, provide some small support, we are at the moment actively reviewing alternative options to see if they do offer value for money and in addition to this, the Local Strategic Partnership have set up a task and finish group to look at transport service provision for people, those with a disability and those in rural isolation.

Supplementary question – Mrs. Patrick

The problem is when you’re saying the severely disabled are provided for by the government, after 65 there is no provision because you cannot get mobility allowance, anything, after 65. And with the buses in the Lincolnshire area, including South K, each step is 15 inches high, now we bought a test case when we came to the supporting people…we tried, we tried to [push] a person on the bus and two to push him and two to drag him off and it was murder, so I don’t know where these poor people and especially now that dial-a-ride’s under…being done away with how people severely disabled in villages and things are going to manage. Thank you very much.

Answer – Councillor Mrs Spencer-Gregson (Resources and Assets Portfolio Holder)

Can I just add that I was at a meeting of the South Kesteven district Local Strategic Partnership yesterday and there is a review taking place of all community car schemes and we’re hoping to allow amalgamate these to provide provision. Although provision is there in many of these areas, a lot of it is not identified and so we do need to have a package for the whole South Kesteven district council and that is under way and they will be reporting back in a very short while.

The Chairman advised Members of the Council that agenda items 13 and 14 would be considered directly after agenda item 5.

Apologies for absence were received from Councillors Bisnauthsing, Chivers, J Kerr and Newcombe-Jones.

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

The Monitoring Officer advised Members that if the Council agreed to adopt the 2007 Code of Conduct during the meeting, in her opinion, they would not need to declare any interest in agenda item 12 on concessionary travel as a result of their eligibility for the scheme.

Councillor Hearmon declared a personal and prejudicial interest in agenda item 9, the review of priorities and non-priorities, on account of his employment by a charitable body.

Councillor Russell declared a personal interest in agenda item 16 by virtue of his Chairmanship of the Elsea Park Bourne Board of Trustees.

Councillor Mrs Cartwright declared a personal interest in agenda item 19 because of the susceptibility of her property to flooding.

                                                                                                            (Enclosure)

The minutes of the meeting held on 21 June 2007 were approved as a correct record subject to the addition of Councillors Cook and Mrs Kaberry-Brown to the list of attendees, and the deletion of Councillors Hearmon and Farrar from the list of attendees and their addition to the list of apologies received.

                                                                                                                  (Enclosure)

The list of the Chairman and Vice-Chairman’s engagements was attached. The Chairman reminded Members that a response regarding the civic service was required. He also stated that there would be a quiz held on 31 October 2007 at the Royal Queen pub in Grantham. Proceeds from this event would go to the Chairman’s charities.

The Chairman of the Constitution Committee to submit the recommendations of the committee as contained in minute number 2 of the meeting held on 16^th July 2007.                                                                                (Enclosure)

DECISION:

To approve the amendments to the Constitution as stated in minute item 2 of the minutes from the meeting of the Constitution Committee held on 16 July 2007.

The Council had before them the minutes of the Constitution Committee held on 16 July 2007, proposing amendments to the Constitution. The amendments were proposed and seconded. The Chairman of the Constitution Committee stated that the Committee aimed to make the Constitution easier to understand and more user-friendly. On being put to the vote, the motion was carried.

Report number LEG006 by the Legal Service Manager (Monitoring Officer).

                                                                                                            (Enclosure)

DECISION:

1.                That no amendment is made to the Constitution and the Council allows only appointments of existing Councillors.

2.                That Councillor Ian Stokes be appointed to serve as the District Council’s representative on the Earlesfield Youth Centre Management Committee.

3.                That Councillor John Nicholson be appointed to serve as the District Council’s representative on the Council to Protect Rural England.

4.                That Councillor Alan Davidson be appointed to serve as the District Council’s representative on the Lincolnshire Primary School Provisions Panel.

The Monitoring Officer introduced report number LEG006 on appointments as representatives on outside bodies. The Constitution Committee had discussed the issue and recommended that representatives on outside bodies should be drawn from Councillors only.

It was proposed and seconded that “no amendment is made to the Constitution and the Council allows only appointments from existing Councillors”. Members speaking in favour of the motion stressed the importance of accountability. A suggestion was made that all representatives of the Council on outside bodies should send regular reports to the Council on the activities of that body.

Members also suggested that the appointment of Councillors would be beneficial with regard to indemnity insurance and public perception. Several members commented that non-Councillors appointed to represent the District Council on outside bodies had done good work and held a genuine interest in the bodies they served on, when historically there had been little interest from Members. It was also emphasised by some Members that appointments should be made on the basis of suitability and expertise.

An amendment was moved: “no amendment is made to the Constitution and the Council allows only appointments of existing Councillors”. This was seconded. The mover of the original motion agreed to encompass the amendment in the original motion.

Further discussion ensued on accountability. Members were bound by the Code of Conduct when sitting on outside bodies, in addition to any governing documents of the body. A vote was taken on the motion, which was carried.

The decision of Council to appoint only Councillors as its representatives on outside bodies meant that there were four vacancies that needed to be filled: Deeping St. James United Charities, the Earlesfield Youth Centre Management Committee, the Council to Protect Rural England (CPRE) and the Lincolnshire Primary School Provision Panel.

DEEPING ST. JAMES UNITED CHARITIES

One Member had receipt of a letter from Deeping St. James United Charities. The letter stated that they were undertaking a review of the composition of the body. This could affect the number of representatives the Council was entitled to appoint. It was agreed that no appointment would be made pending the outcome of the structure review.

EARLESFIELD YOUTH CENTRE MANAGEMENT COMMITTEE

It was proposed and seconded that Councillor Alan Davidson should be appointed as the Council’s representative on the Earlesfield Youth Centre Management Committee. A further nomination was received for Councillor Ian Stokes, which was also seconded. On being put to the vote, Councillor Stokes was duly elected as the Council’s representative.

COUNCIL  ...  view the full minutes text for item 40.

In accordance with Access to Information Procedure Rule 17.3, the Leader to submit a report on key and non key decisions taken under special urgency provisions.                                                                                 (Enclosure)

DECISION:

To note the Leader’s report on urgent key and non-key decisions.

In accordance with Access to Information Procedure Rule 17.3, the Leader submitted a report on an urgent key decision taken on 2 July 2007 confirming arrangements for the processing and handling of dry reclycables. This decision was taken as a matter of urgency in order to formalise an informal arrangement as quickly as possible in order to protect the Council’s service interests.

Two urgent non-key decisions had also been made. The first was made on 14 June 2007 by the Healthy Environment Portfolio Holder approving the spending of a grant from the Department of Health for the implementation of smoke prohibition legislation. This decision was taken as a matter of urgency in order to fully utilise the grant from the Department of Health, to maximise the effectiveness of this very important public health measure, and to work in partnership with other stakeholders in Lincolnshire for the optimum benefit for the population of South Kesteven.

The Corporate Governance and Housing Portfolio Holder made an urgent non-key decision on 5 July 2007 to award a contract for the continued development of the CRM system. The decision could not reasonably have been deferred because delays in the project could have a detrimental effect on the delivery of the new national travel concession scheme.

Report number LEG005 from the Standards Committee.       (Enclosure)

[The Chairman and Vice-Chairman of the Standards Committee

will attend the meeting to present the recommendations of the

Standards Committee.]

The Standards Board for England Code of Conduct Members Guide is circulated with this agenda as a separate document.

DECISION:

This Council adopts the mandatory provisions of the Model Code of Conduct without revision to be this Council’s Members’ Code of Conduct with the addition of the preamble to that code setting out the 10 principles in the form attached at appendix 2 of report number LEG005.

The Chairman of the Council welcomed the Chairman and Vice-Chairman of the Standards Committee: Mr Chris Holtom and Mr Fred Mann. He thanked them on behalf of the Council for the work they had done on the Standards Committee.

The Chairman of the Standards Committee introduced report number LEG005 and the Code of Conduct for Members 2007. The Standards Committee considered the revised Code of Conduct at their meeting on 6 July 2007, and recommended that the Council adopts the mandatory provisions of the Model Code of Conduct without revision, together with the preamble to that code setting out the 10 principles.

The Council were obliged to adopt the new Code of Conduct by 1 October 2007. If not adopted by that date, the authority would be automatically covered by the revised Code of Conduct. All Members would receive training on the new Code of Conduct.

It was proposed and seconded that the Council should adopt the mandatory provisions of the Model Code of Conduct, together with the preamble to the code. On being put to the vote, this was carried.

15:05 – Councillor Martin-Mayhew left the meeting.

Report number LEG007 by the Legal Services Manager (Monitoring Officer).

                                                                                                            (Enclosure)

DECISION:

To confirm the membership of the Standards Committee as it currently exists.

The Council had before them report number LEG007 by the Monitoring Officer. At the meeting of the Council held on 17 May 2007 appointments were made to the Standards Committee taking account of political balance. Advice from the Standards Board for England stated that there was no requirement for Standards Committees to be politically balanced.

It was moved and seconded that the composition of the Standards Committee should not be altered.

An amendment was proposed and seconded that the Standards Committee should comprise representatives from each of the political groups within the Council. Members speaking for the amendment stressed the non-political nature of the Standards Committee. It was reported that at the last meeting of the Standards Committee, it had been decided that the Constitution Committee should be asked to look at increasing the membership of the Standards Committee. An increase in the membership would mean that all political groups could be represented. It would not be possible to increase the membership of the Committee, unless the Constitution was changed following due consideration of the issue by the Constitution Committee.

The amendment was withdrawn. A further amendment was proposed, asking the Constitution Committee to consider the number of Members appointed to the Standards Committee. The Monitoring Officer advised that the size of the Standards Committee would need to respond to emerging legislation. Only when the Local Government and Public Health Bill had been passed would demands on the membership be identified. The amendment was withdrawn. The Monitoring Officer confirmed that the composition of the existing Standards Committee was legally acceptable.

Following consideration, a vote was taken and the Council approved the existing membership of the Standards Committee.

Report number CEX378 by the Chief Executive.                (Enclosure)

DECISION:

The Council approves the proposed priorities as recommended by the Cabinet and listed in report CEX326.

The Leader of the Council moved that “the Council approves the proposed priorities as recommended by the Cabinet”. This was seconded. The process undertaken to agree the proposed priorities was detailed in report number CEX326.

An amendment was proposed and seconded that “leisure facilities and cultural services” should be added as a Category B priority.

Members of the Council debated the level of public consultation that had been undertaken. The priorities recommended by Cabinet had been made available via the modern.gov system. The local press were also aware of the proposed priorities. Concern was expressed about disinvestment in services including pest control, discretionary grants and tourism. Category M services had to achieve an operational minimum in terms of customer satisfaction and service delivery.

Members speaking against the amendment emphasised that resources available to the Council were limited. Since 1997, the discretionary spend of the Council had diminished significantly. The grant settlement for 2008/9 was not known. The Council voted on the amendment. The vote was lost.

A further amendment was moved and seconded that decisions on priorities and non-priorities should be deferred to allow the report to be considered by the Scrutiny Committee. A vote on this was taken and lost.

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

15:50-16:10 – The meeting adjourned.

Report number CHFR70 by the Corporate Head, Finance & Resources.

                                                                                                            (Enclosure)                                                                                                                                   

DECISION:

1.                The Council approves the revised Medium Term Financial Strategy for the period of 2007/8 to 2011/12, as attached to report CHFR70 which takes account of annual data changes.

2.                The Council noted that a fundamental review of the strategy will be undertaken taking cognizance of the Comprehensive Spending Review 2007 and the Local Government Financial Settlement to ensure the Council maximises opportunities to deliver on its key priorities and overall objective to become a brilliant Council

Before the Council was report number CHFR70 on the Medium Term Financial Strategy. The recommendations in the report were moved and seconded. The Corporate Head, Finance and Resources presented the report. The Strategy was a five year document that needed to be reviewed regularly to ensure that it was fit for purpose. Members were advised that there would be the need to achieve 3% cashable savings each year for three years. It was likely that savings would be calculated based on the Council’s net service cost. External contracts and mandatory spending would mean that efficiencies of 4.6% efficiency savings would need to be achieved in areas of spending over which the Council had control.

The Medium Term Financial Strategy would provide a framework for all other strategies coming forward, including the People Strategy. A vote was taken on the motion, which was carried.

Report number CHFR71 by the Corporate Head, Finance & Resources.

                                                                                                            (Enclosure)

DECISION:

The Council

1.                approves the revised Capital Programme as attached at Appendix A-C of report number CHFR71;

2.                note the comments of the Section 151 Officer has provided a proposal for financing the capital programme. The actual financing of the capital programme will be finalised as part of the accounts closure process for 2007/8 when full details of the delivery of the programme and available financing options are known;

3.                notes that the Section 151 Officer will consider the longer term impact of capital financing in conjunction with the Capital and Treasury Management advisors as part of the preparation of budgets for 2008/9 and provide further advice to the Council in the Budget Report for 2008/9.

The Council had before them report number CHFR71 on the review of the capital programme for 2007/8. This was one of a regular series of reports submitted to Cabinet and Council to ensure that the Capital Programme remained fit for purpose. The recommendations listed in section 2 of report CHFR71 were moved and seconded.

Discussion on the motion ensued, which included comments on delays in the construction of Welham Street multi-storey car park in Grantham and subsequent slippage in the delivery of the programme. Options for the financing of the Capital Programme were detailed in the report. The Council’s own reserves would be used first, to reduce the need for borrowing. The financing of the programme would be kept under review and was dependent upon the progress of the programme. A vote was taken on and was carried.

Report number CHFR72 by the Cabinet.                       (Enclosure)

DECISION:

1.                The Council approves the cessation of the travel voucher scheme with effect from 1 January 2008 and to ease transition to the new national scheme, to permit residents to redeem vouchers until 31 March 2008.

2.                The Council approves the adoption of the minimum national concessionary travel scheme [9:30am to 11:00pm Monday to Friday, all day Saturday and Sunday and bank holidays (excluding carers)] as set out in the national framework, which will come into effect from 1 April 2008.

In moving the recommendation in CHFR71 and an additional recommendation that “The Council approves the adoption of the minimum national concessionary travel scheme [9:30am to 11:00pm Monday to Friday, all day Saturday and Sunday and bank holidays (excluding carers)] as set out in the national framework, which will come into effect from 1 April 2008,” the Assets and Resources Portfolio Holder stated that the national (England only) concessionary travel scheme would come into operation as of 1 April 2008. The motion was seconded.

Several Members spoke against the proposal to introduce the minimum scheme. They considered that the scheme would not provide suitable access to transport for the disabled. Carers were excluded from the scheme. Many places within the district did not have a regular bus service and bus routes did not have buses that were wheelchair accessible. A suggestion was made that consideration needed to be given to those who were housebound but could travel if they had access to private transport.

Those speaking in favour of the motion suggested that the scheme had to be limited because of the financial pressures it would place on the Council. There was no indication of the likely government grant to support the scheme, however, it was anticipated that it would not be sufficient to meet the full costs. Reference was also made to the 5% cap on Council Tax.

In summing up, the Portfolio Holder for Resources and Assets advised Members of the Council that the Local Strategic Partnership was carrying out a review of all the community car schemes across the District. It was hoped that proper co-ordination of these schemes could provide sufficient access to transport for those who did not have access to public transport either through disability or lack of local provision.

On being put to the vote, the motion to introduce the minimum national scheme and to extend the period in which travel vouchers could be used was carried.

A request was made that the consideration of agenda item 15 be deferred until the next meeting to give the Member concerned the opportunity to view the letter sent from the South Lincolnshire Blind Society to the Leader of the Council and the Chief Executive. This was proposed, seconded and put to the vote, which was lost.

The Chairman announced that consideration of agenda item 15 would take place at the end of the meeting and that he would propose that members of the press and public be excluded.

Report number PLA673 by the Portfolio Holder for Economic Development.

                                                                                                            (Enclosure)

DECISION:

That Councillor Mrs Judy Smith be appointed to serve as the District Council’s representative on the Elsea Park Bourne Board of Trustees.

It was proposed and seconded that Councillor Mrs Judy Smith be appointed as the District Council’s representative on the Elsea Park Bourne Board of Trustees. A vote was taken, which was carried.

Report number ENV380 by the Environmental Protection Service Manager.

                                                                                                            (Enclosure)

DECISION:

That the Council adopts the proposed fee structure for 2007/8 as set out in appendix 1 of report number ENV380, and future fees are reviewed within the Regulations and the Council’s budgetary process.

The Council had before them report number ENV380 by the Service Manager, Environmental Protection, proposing fees for applications under the Gambling Act 2005. In moving the recommendation in the report, the Access and Engagement Portfolio Holder stated that fees had to be set on a cost recovery basis. This was seconded and put to the vote, which was carried.

To note the list of questions (if any) asked under Council procedure rule 11.1 as circulated at the start of the meeting and their reference to the relevant Policy Development Group.

Details of the questions on notice are attached as an appendix to the minutes.

(1)  From Councillor Paul Wood

“The heavy rainfall this year has caused severe flooding in many areas across the District. This has caused hardship and distress to the residents of South Kesteven with properties being flooded and lives disrupted.

We are particularly aware of the problems experienced in Westborough and Long Bennington and would like to know why SKDC did not inform the vulnerable Parish councils about the withdrawal of provision of sand bags

The Council’s corporate plan has a clear vision

“Shaping the future together with our partners and residents to develop a place where people really matter – and being recognised as a Council that provides brilliant services”

The Council’s ambition is also to improve the quality of life in the District.

We would like to see the Council provide a brilliant service in the field of flood defence and work towards preventing flooding.

The Council should set up a working group to consider the following

·        Co-ordinating the efforts of the other agencies (i.e. Environment Agency, Lincolnshire County Council, Water Authorities and Parish Councils)

·        Identifying areas at risk within the district and instigating investigations/reports and action plans

·        The policy of its emergency response to flooding and the provision of sand bags.”

DECISION:

This Council believes that:

Issues raised relating to flooding within the District and the role of relevant agencies in their response to recent flooding should be referred to the relevant Policy Development Group for its consideration.

Councillor Wood had submitted and moved the following motion:-

“The heavy rainfall this year has caused severe flooding in many areas across the District. This has caused hardship and distress to the residents of South Kesteven with properties being flooded and lives disrupted.

We are particularly aware of the problems experienced in Westborough and Long Bennington and would like to know why SKDC did not inform the vulnerable Parish councils about the withdrawal of provision of sand bags

The Council’s corporate plan has a clear vision

“Shaping the future together with our partners and residents to develop a place where people really matter – and being recognised as a Council that provides brilliant services”

The Council’s ambition is also to improve the quality of life in the District.

We would like to see the Council provide a brilliant service in the field of flood defence and work towards preventing flooding.

The Council should set up a working group to consider the following

·        Co-ordinating the efforts of the other agencies (i.e. Environment Agency, Lincolnshire County Council, Water Authorities and Parish Councils)

·        Identifying areas at risk within the district and instigating investigations/reports and action plans

·        The policy of its emergency response to flooding and the provision of sand bags.”

In moving the motion Councillor Wood alluded to the recent heavy rainfall and suggested that the work of all relevant bodies had not been as effective as it could have been. To improve co-operation, he suggested that a working group should be established. Sandbags were not readily available to all residents; they were sent out to those who were considered to be in vulnerable areas.

In seconding the motion, comments made about sandbags were reaffirmed. Many villages were forced to purchase sandbags directly from a supplier. The suggestion was made that the Council should have written to parish councils in vulnerable areas explaining that sandbags were no longer available on demand. Other members placed further emphasis on co-operation between different agencies.

An amendment was proposed and seconded, that the issue should be referred to the relevant Policy Development Group. This was seconded. One member used as a model a co-ordination meeting between South Holland District Council and the relevant internal drainage board.

The Chief Executive clarified that the Council was under a statutory duty to work with the blue light emergency services. Finite quantities of sandbags were available. These were distributed in conjunction with advice from the police, to vulnerable areas and were targeted at maintaining the infrastructure.

The amendment was voted upon and carried. It became the substantive motion and was put to the vote, which was also carried.

A proposal was made:

“In accordance with Section 100A(4) of the Local Government Act 1972, that the press and public be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraph 1 of the Act would be disclosed to the press and public.”

A vote was taken on this and carried.

17:16 – Members of the press and public left the meeting.

Report number CEX379 by the Chief Executive.                      (Enclosure)

DECISION:

1.                To not appoint a new District Council representative to the South Lincolnshire Blind Society at the present time.

2.                To request that representatives from the South Lincolnshire Blind Society be asked to attend a meeting of the District Council’s Scrutiny Committee.

The Council had before them report number CEX379 by the Chief Executive. The report had been written in response to a letter received from South Lincolnshire Blind Society requesting the replacement of the District Council’s representative on the body.

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.

Members heard various items of correspondence relating to the body and the appointment.

It was proposed and seconded that Councillor Ray Wootten be appointed as the District Council’s representative on the South Lincolnshire Blind Society. Members discussed the merits of making a new appointment.

An amendment was proposed, that no appointment should be made by the District Council pending a recommendation of the Scrutiny Committee, who should consider points raised in the correspondence that was read at the meeting. This was seconded and voted upon. The vote was carried and the amendment became a substantive motion. The substantive motion was put to the vote and was carried.

The meeting closed at 18:08.