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.

[ 2.00pm to 2.15pm ]

Question 1:  From Mr Terl Bryant of Stamford:

Following the resolution passed by Council on the 24^th January will the portfolio holder responsible for social housing undertake to write a letter on behalf of the council telling the Minister for Housing that this council at their last meeting “viewed with grave concern”  her statement that “the government is considering a policy whereby couples over the age of 40 living in council accommodation in our towns and cities, whose children have left home, should leave their homes and be moved to rural areas, to make way for younger couples.” ? That statement was according to your minutes subsequently confirmed, and there appears to be an intention “to pass legislation on this basis, in order to release what she considered to be in the region of hundreds of thousands of properties”  and this political posturing obviously leaves  SKDC tenants feeling “very unsettled” and threatened.

Reply: From Councillor Paul Carpenter (Housing portfolio holder):

That was quite a long question but I think the thrust of it was, am I prepared to write a letter?  I’m more than happy to do so Mr Bryant.  I have a personal issue with this one – I was born and bred in a council house.  I had my birthdays there, my family parties there and I think the whole crux of this is, is it a house or is it a home?  Would you like to be removed from your home when you are forty years old? Or, would you like to be moved from your house when you are forty years old?  I also think there is a further issue here, that if this goes through and people are required to be removed from their homes at the age of forty into a rural area, I see it as they still have at least twenty five years – maybe even twenty eight years – of a working life left that they’ve then got to commute somewhere from the countryside.  Are we supposed to bringing about policy to reduce the use of the motor car?

I can’t see that this had been a very well thought out piece of legislation and I am more than happy to put together some words to send to the minister.

Mr Bryant’s supplementary question:

I’m sure the tenants are absolutely grateful for the near unanimous decision that this council took, that you are going to respond.  It is interesting to see that on the 25^th February – I’ll give you this and I hope you embody it within your letter – that lifetime homes, lifetime neighbourhoods, housing in an aging society ..…this is a letter published by the Labour party.   

[Chairman interjects:  Mr Bryant, please would you stick to the question.]

Would you embody what Hazel Blears has said in your letter?

Reply: From Councillor Carpenter:

I cannot say I will embody something into a letter which I haven’t yet read,  ...  view the full minutes text for item 85.

Apologies for absence were received from Councillors Bisnauthsing (who arrived later at 3.25pm), Mrs Gaffigan, Mrs Kaberry-Brown, Lovelock, Avril Williams, and Wood.

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

Councillor Davidson declared a personal interest in agenda item 8 / minute 92 (New Pension Scheme Policy Statement) as a member of the Pensions Committee of Lincolnshire County Council.

The Chief Executive, Duncan Kerr, and the two Strategic Directors, Beverly Agass and Ian Yates, all declared interests under Section 117 of the Local Government Act 1972 in respect of agenda item 13/ minute 97 (Interim staffing arrangements for the Chief Executive) and left the room during its consideration.  The Chief Executive returned to the room after resolution (1) had been concluded.

The minutes of the ordinary meeting held on 24^th January 2008 were confirmed as a correct record.

(1)  The Chairman advised that at the last meeting he had misread the intentions of Councillor Sam Jalili.  There was no mention in the minutes of the last meeting nor of the September 2007 meeting that Councillor Jalili had offered his resignation from the Kesteven Blind Society and he wanted this to be noted.  He also hoped that the Kesteven Blind Society would continue with its good work.  The Chairman apologised to Councillor Sam Jalili for misreading the situation.

(2)  Councillor Howard referred to the list of Chairman’s civic functions and observed that the Chairman’s annual civic dinner on 23^rd February 2008 must have been a good one, since he had gone there twice.  The Chairman acknowledged the typographical error explaining that the Vice-Chairman had also attended.

PART A: Revenue estimates 2008/09 and indicative budget 2009/10 to 2010/11;

• Capital estimates 2008/09 to 2010/11
• Fees and charges
• Rent setting
• Treasury management strategy
• Priority plans

PART B: Council tax setting.

Report number CHFR91 by the Resources & Assets Portfolio Holder on behalf of the Cabinet.                                        (Enclosure)

[Please can members bring their budget books to the meeting.]

PART A: Revenue estimates 2008/09 and indicative budget 2009/10 and 2010/11

DECISION: That Council:-

General Fund Revenue Estimate

a) set a General Fund budget requirement of £15.755m for 2008/9 and an indicative target of £16.247m for 2009/10 and £16.766m for 2010/11 (inclusive of special expenses).;

b) set a Council Tax increase of 4.38% for 2008/9 (4.44% inclusive of Special Expenses);

c) approve the revised revenue base estimate for 2007/08; original base estimate for 2008/09: and indicative base estimates for 2009/10 and 2010/11 as detailed in the revised summary on page 1) of the addendum to the budget book;

d) approve the revised Treasury Management Strategy provided at Appendix B to report CHFR91;

e) approve increases in Fees and Charges for 2008/09 (in accordance with the Council’s Fees and Charges Strategy) and as set out in pages 143 to 180 of the budget book;

f)  approve a revised joining fee of £20 for the Green Waste Collection Scheme  applicable to new entrants with effect from 1^st April 2008;

g) agree that the earlier decision to give notice to Lincolnshire County Council to withdraw District Council support from the Dial A Ride project is not rescinded;

h) take into account in future years Special Expense Areas (SEAs) under/overspending balances when setting the level of the Council Tax for SEAs using a de-minimus level of 10% with effect from the Closure of Accounts for 2007/8;

i)  create specific reserves for each of the SEAs to enable contributions to be made to the reserve at outturn and as part of the future council tax setting process to provide for asset renewal in future years;

j)  approve the forecast balances of Revenue and Capital Reserves contained at revised page xi) of the budget book;

k) delegate to the Section 151 Officer, in agreement with the Portfolio Holder for Finance and Assets, agreement of the final Pension Pool contribution rate following attendance at a seminar to present the Actuary’s valuation report.

Capital Programme

l)  approves the revised Capital Programme for 2007/08 and Programme for 2008/09 to 2010/11 detailed in pages 140-142(2) of the budget book;

m) authorises the funding proposals subject to an annual review of the financing options by the Corporate Head of Finance and Resources, in consultation with the Portfolio Holder, during the preparation of the Statement of Accounts to optimise the use of Council resources;

n) reviews the policy on the use of Housing Capital Receipts to enable them to be applied to finance the Council’s overall capital programme in the most financially advantageous method as determined by the Corporate Head of Finance and Resources in consultation with the Portfolio Holder for Finance and Assets, subject to the view that in the longer term the capital resources made available to the Council as a housing authority are used for housing purposes.

Housing Revenue Account (HRA)

o)   sets dwelling rent increases in accordance with Government guideline rent, but with a cap on individual rent increases, with no rent  ...  view the full minutes text for item 90.

Report number SD19 by the Strategic Director.     (Enclosure)

DECISION: That the Council

(1)           approves the publication of the three year Corporate Plan; and

(2)           authorises the Leader of the Council to sign off any minor amendments which may arise after the meeting.

The Council had before it report number SD19 prepared by the Strategic Director (Beverly Agass) on the Council’s new Corporate Plan 2008/2011 which it was proposed would henceforth be known as the “South Kesteven 3 Year Plan”.  The Plan was the Council’s overarching strategy document that identified the Council’s short and medium term plans based on its approved vision and priorities.  It was a key document to inform resource allocation decisions as outlined in the Council’s medium term financial strategy.

Once approved, the Plan would form part of the Council’s budgetary and policy framework and help to ensure the effective use of resources in line with Council priorities.

Approval of the three year plan was so moved and seconded, and following a vote, the motion was carried.

Report number OD&HR95 by the Corporate Governance & Housing Portfolio Holder.                                                       (Enclosure)

DECISION: That the Council

(1)           adopts the policy statement detailed in appendix 1 of report number HR&OD95;

(2)           adopts the discretions detailed in section 3 of the policy statement and requires that they be formally notified to the pension scheme administrators;

(3)           notes that the policy statement is subject to the outcomes of consultations with the trade unions; and

(4)           notes that the policy statement may be subject to further changes arising from Department of Communities & Local Government (DCLG) and Local Government Employers’ (LGE) guidance.

The portfolio holder for human resourcesand organisational development submitted report number HR&OD95 (as updated) which outlined the changes to the local government pension scheme that would take effect from 1 April 2008.  The scheme however allowed some discretion on the part of the Council and a formal decision on these discretionary elements was required.

Councillor Craft confirmed that this report had been considered by the Resources PDG.

The recommendations contained in the report were moved and seconded, and following a vote, the motion was carried.

Report number DEM10 by the Returning Officer.      (Enclosure)

DECISION:

(1)           That the proposals for the new polling districts and polling places as appended to report DEM10 be approved, taking into account all representations made;

(2)           That the Council authorises the publication of the final proposals as required by legislation prior to re-publication of the current electoral register on 1 May 2008; and

(3)           That the information in report DEM10 be referred to the Engagement Policy Development Group as part of the ongoing review of polling districts and polling places.

The Council had before it report number DEM10 of the Chief Executive in his capacity as Returning Officer which advised that a complete review of all polling districts, polling places, and polling stations had been undertaken as required by the Electoral Administration Act 2006.

The review had been a comprehensive one but some members expressed concern at some of the proposals where the number of polling stations had been either reduced or an alternative location proposed.  The Council received advice from the Electoral Services Officer on the process of the review and criteria that had been applied to assessing the size of polling districts, the location and selection of premises for use as polling places.  A question was raised regarding disabled access to a particular station in Stamford to which the officer responded by outlining the legal obligations upon the Returning Officer with regard to disabled access and how that could practically be applied to each premises.  Provision of disabled access ramps where needed would involve a cost to the Council.  The Electoral Services Officer confirmed that the legislation placed a duty on the Returning Officer to keep the designation of polling districts, polling places and polling stations under review.

It was proposed and seconded that the proposals for the Greyfriars ward be re-examined.  An amendment was proposed and seconded but subsequently withdrawn that the proposals, apart from the Greyfriars ward, be accepted.

Having regard to the concerns raised and further information provided by the Returning Officer in relation to the timescale for completion of this review, it was proposed and seconded as an amendment that the proposals as contained in the report be accepted and implemented but that, as part of the ongoing review, the Engagement PDG give consideration to the issues of concern raised at the meeting.  Following a vote the amendment was carried becoming the substantive motion which was subsequently agreed.

[Councillor Miss Channell entered the meeting at 4.09pm.] 

The Chairman of the Constitution Committee to submit any recommendations of the committee arising from its meeting held on 25^th February 2008.                                                      (To follow)

DECISION: To concur with the following recommendations of the Constitution Committee and that the relevant amendments be made to the Constitution as set out and underlined in 1 to 6 below:

1.      Page 38 – Article 2.3 of Part 2 section b, roles and functions of all councillors, Rights and duties to include -

iv)     All district councillors are required to attend the core training programme within 12 months* of their appointment as a councillor.
         

* For 2007/2008 only the core training is extended from 12 months from appointment by a further three months.

2.      Page 41- Article 4 of Part 2 part 4.2 iii) to read-

“agreeing and /or amending the terms of reference for committees or policy development groups, deciding on their composition and making appointments to them including the appointments of Chairman and vice chairman if not determined by the annual meeting and that no member be appointed in breach of the constitution”.

3.      Page 120 Article 1.2 viii) in part 4 to read -

that the chairmanship and vice chairmanship of all committees and PDG’s excluding Standards Committee are appointed according to their suitability and merit in the opinion of the leader and that no member be appointed in breach of the constitution.

4.      Page 61 (d) Head of Paid Service, Monitoring Officer and Chief Finance Officer

          The Council has designated the following posts as shown below to be Statutory Officers of the Council.

5.      Page 54(b) Terms of Reference of the Governance and Audit Committee

(vi)                   To approve and review the Code of Corporate Governance and the action plan.

(vii)                To inform and approve the Annual Governance Statement following consultation with all members of the Council.

6.      Page 129 Motions without Notice

(xviii)         a motion relating to any item on the agenda of that meeting where no motion has been proposed.

7.                 That the Service Manager Human Resources and Organisational Development be required to inform group leaders of the attendance of Councillors at core training events prior to the annual general meeting; and

8.                 That the Service Manager Human Resources and Organisational Development notify all Councillors of what core training they have completed to date and look at the possibility of issuing a  certificate to those Members who have completed their training.

The Council considered the minutes of the meeting of the Constitution Committee held on 25^th February 2008 which contained a number of proposed amendments to the Council’s Constitution.  The Chairman of the Constitution Committee, Councillor Peter Martin-Mayhew, outlined the proposed changes and the reasons behind them.

After a discussion, the recommendations were so moved and seconded, and following a vote the motion was carried.

Report number LEG15 by the Monitoring Officer.       (Enclosure)

DECISION: To approve the changes to the constitution of the Standards Committee as follows, to be effective as soon as the appropriate part of the Local Government and Public Involvement in Health Act 2007 has been commenced:

(1)            that the Constitution be amended to provide for a minimum of 8 members of the Standards Committee in total with the addition of one District Councillor and one Parish Councillor;

(2)           that Council appoints cllr Andrew Moore as a member of the Standards Committee;

(3)           to  approve the appointment of one additional parish councillor to be selected as required by rota in accordance with the current selection process for parish councillors to sit on the Standards Committee to ensure that at any time 2 members of parish councils may sit on the Standards Committee; and

(4)           that amendments to the  Constitution  be approved as detailed in the appendix to report number LEG015 to effect all the above recommendations.

Members had before them report number LEG015 by the Legal Services Manager (Monitoring Officer) on the necessary changes to be made to the constitution of the Standards Committee consequent upon the enactment of the Local Government and Public Involvement in Health Act 2007.  The Act would result in additional work for the Standards Committee although no extra resources would be provided by central government.

In respect of the appointment of an additional member of the District Council to the committee, it was noted that there was no requirement to apply the rules relating to political balance to this appointment.

Councillors Moore, Mrs Gaffigan, and Mike Williams were all proposed and seconded to take the additional place on the Standards Committee.  Members were asked to cast one vote for one of the three candidates.  Councillor Moore received the higher number of votes and was subsequently appointed.

[Councillors Sam Jalili, Mrs Jalili, and Brough left the meeting at 4.34pm.]

Report number DEM009 by the Democracy Services Manager.   

                                                                             (Enclosure)

DECISION: That the following appointments be made to the under mentioned outside bodies:

(1)           Grantham Future Strategy Group: Councillor Mike Cook (until May 2011);

(2)           Grantham Future Project Group: Councillor Stuart Farrar (until May 2011);

(3)           Black Sluice Internal Drainage Board: Councillor Bob Russell (until 31 March 2010);

(4)           Upper Witham Internal Drainage Board: Councillors Ben Newcombe-Jones and Councillor Nick Craft (until 31 March 2010);

(5)           Welland & Deepings Internal Drainage Board: Councillors Ray Auger, Mike Exton, Bryan Helyar, and Ken Joynson (until 31 March 2010).

Members had previously been circulated with report number DEM009 by the Democracy Services Manager concerning appointments required to fill two vacancies on Grantham Future, and also to make new or re-appointments to the three internal drainage boards to whom the Council paid a levy.

The Chairman called for nominations to these bodies and where the number of nominations exceeded the number of appointments to be made, members were asked to vote for each candidate.  Those duly appointed had received the higher number of votes.

Report number LN/08/01 by the Leader.                          (Enclosure)

DECISION:

(1)           That the Council authorise leave of absence for Duncan Kerr, the Chief Executive for a thirteen week period from Monday 2^nd of June 2008;

(2)           The Council appoints the officers identified below to discharge the following duties during the period specified:

               The duties:

·                Head of Paid Service, and

·                Electoral Registration Officer (in fulfillment of the requirement of Section 8 of the Representation of the People Act 1983) and Returning Officer (under the requirements of Section 41 of the Local Government Act 1972).

·      The full range of other duties set-down in the Chief Executive’s job description.

               Officers Appointed and term:

Beverly Agass for the period from Friday 18th April to Tuesday 15th July 2008(inclusive), during which time Ian Yates will be the appointed deputy with full powers.

Ian Yates for the period from Wednesday 16th July to Sunday 28th September 2008, (inclusive) during which time Beverly Agass will be the appointed deputy with full powers.

The Council had before it report number LN/08/1 by the Leader of the Council regarding a request from the Chief Executive that he be granted an authorised leave of absence for a period of 13 weeks over the summer of 2008.

[The Chief Executive (Duncan Kerr) and the two Strategic Directors (Beverly Agass and Ian Yates) had all left the council chamber before consideration of this item.  The Chief Executive returned during consideration of the second part of the resolution.]

At the start of the discussion, it became apparent that contractual and other staffing matters would be raised.  A proposal was therefore made that the press and public be excluded.  A vote was taken on this proposal, and it was agreed that:

In accordance with Section 100A(4) of the Local Government Act 1972 (as amended) 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.

[At 5.14pm members of the press, public and all other officers with the exception of the Section 151 officer, the Monitoring Officer, the HR&OD service manager, and the clerk to the meeting, left the council chamber.]

[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.]

The Council discussed the request submitted by the Chief Executive.  Arguments for and against the request were aired during which an amendment to the Leader’s recommendation contained in her report was proposed and seconded.  Upon being put to the vote, the amendment was lost.

After further debate, a vote was taken on the recommendation as presented paragraph 2.1 of the Leader’s report and this was carried.

[The press, public and those officers previously excluded from the meeting, including the Chief Executive, returned to the council chamber.]

[Councillors Miss Channell, Jock Kerr and Peter Martin-Mayhew left the meeting before  ...  view the full minutes text for item 97.

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

Members noted the following question on notice which had been submitted by Councillor Mike Williams to the Leader.  The question stood referred to the Resources PDG:

Following several complaints from various members, would the Leader please assure all members that in future, the Members’ room is not used for meetings by officers and be for the sole use of members?

The meeting closed at 6.10pm.