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.

Question 1

To:       Councillor Paul Carpenter

Portfolio Holder: Communication and Corporate Governance

You will hopefully remember that I asked this question at a previous meeting but you refused point-blank to answer it, so I have once again had to make the 60-mile round trip from the Deepings in order to participate in this democratic spectacle.

I understand from talking to District Councillors that these full council meetings are largely ceremonial occasions but is it not ridiculous and farcical that I can come here at relatively short notice, and ask almost any question I like and expect an answer on the day, when my democratically elected representatives are denied the opportunity of open questions and answers at Full Council and therefore isn’t it time elected Councillors were allowed to ask and answer questions at Council meetings?

From: Mr. A. Baxter, Deeping St. James

Response (transcript)

Thank you...Mr Chairman...may I ask your indulgence, please, to make a comment before I answer the question? My comment is that unfortunately it was left to myself to suggest that the supplementary question was actually a second question and according to our Constitution that would not be allowed. I actually took that as a prompt, and I thank Mr Baxter for this, because it set my mind thinking that perhaps members of the public who wish to speak are not aware of what they can and cannot do, so I instigated a public speaking protocol which should help people through these matters and to that end, I thank Mr Baxter because that started this ball rolling and every member of the public who wishes to speak now will be able to see this, which will help them through the process.

Now, if I may, that was not my answer, but this is, Mr Chairman: had you stayed for the full Council meeting last time, Mr Baxter, you will have heard an amendment put forward to our Constitution from Councillor Dilks, which was on the very same subject as your question is today. That was heavily debated, both sides of the Chamber, points were made and eventually that amendment was put to the vote. Because I thought it was an important issue, I personally asked for a recorded vote. That amendment was lost. All the names of the people who voted and which way they voted are minuted and there for all the public to see. That to me is a democratic process, and that is what happened at the last meeting. Thank you.

Supplementary Question (transcript)

I haven’t had a chance to look through to see how you personally voted, I’d be interested to know, but that is not my supplementary question and I hope that you’ll answer the supplementary question this time; regardless of the Constitution I hope you’ll answer it, but the question is: why are you so afraid, all you people who voted, all you people who support this Constitution that prevents each other asking questions about topical issues in South Kesteven,  ...  view the full minutes text for item 26.

Apologies for absence were received from Councillors Bevan, Broughton, Chivers, Davidson, Mrs Kaberry-Brown, J Kerr, Nicholson, Shorrock, Mrs Judy Smith, Wilkins and Woolley.

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

Councillor Bryant disclosed a non-pecuniary interest in agenda item 7 (‘Capital Investment – Park Air Systems’) because he used to work there.

                                                                                                                  (Enclosure)

The minutes of the meeting held on 10 July 2014 were proposed, seconded and agreed as a correct record.

                                                                                                                  (Enclosure)

The Council noted the Chairman’s engagements.

Agenda items 6, 7 and 8 were introduced and proposed simultaneously. For the purposes of the minutes the summary of debate will be separated and included with the relevant item, together with the decision relating to that agenda item. (separate votes were taken on each item).

Report number PD021 by the Portfolio Holders for Grow the Economy – Economic Development and Strategic Resources – Well Run Council                                         (Enclosure)

Decision:

That the Council notes the progress made on developing the St Peter’s Hill scheme and agrees to amend the allocation in the General Fund Capital Programme for this scheme to £4.95m from the £6.1m currently allocated to ‘Town Centre Projects – St Peter’s Hill Development’ for the period 2014/15-2016/17.

The Portfolio Holder for Strategic Resources – Well Run Council proposed the recommendation in report number PD021 (which was seconded), requesting a revision to the General Fund Capital Programme. The Budget approved by Council on 3 March 2014 included an allocation of £6.1m for ‘Town Centre Projects – St Peter’s Hill Development’ for 2014/15 to 2016/17. Changes to proposed onsite provision and further work on costings identified a reduced budget requirement for the project of £4.95m.

Members spoke in support of the proposed cinema development however some expressed disappointment that more information had not been made available to Councillors and that there had not been more public input in developing proposals for the site.

Detailed costings, anticipated commercial yield and lease terms could not be shared as they were subject to ongoing negotiations and consequently commercially sensitive information. Members were assured that officers were undertaking detailed work with a potential contractor to better understand costs and the delivery timeframe and that work developing the business case and financial modelling was ongoing.

The proposition was put to the vote and carried unanimously.

Report number PD022 of the Portfolio Holders for Grow the Economy – Economic Development and Strategic Resources – Well Run Council.                                        (Enclosure)

Decision:

That the Council amends the General Fund Capital Programme for 2014/15 and 2015/16 to include up to £495,000 from New Homes Bonus Funding over the two financial years to be invested in the extension to Premises at Northfields Industrial Estate, Market Deeping.

In proposing the recommendations in report number PD022, the Portfolio Holder for Strategic Resources – Well Run Council informed Members that the proposed adjustment to the General Fund Capital Programme for 2014/15 and 2015/16 would help retain a company of world-renown in Market Deeping. The proposition was seconded.

A number of Members spoke in favour of the proposals and the Council’s broader economic development priority. Particular comment was made about the importance of providing high-quality, skilled jobs in the district.

In response to a question officers informed Councillors that the project would be funded by New Homes Bonus as it was the Council’s policy to invest this funding in support of Council priorities.

Information on any payback clause, detailed figures on anticipated commercial yield and lease terms could not be shared as they were subject to ongoing negotiations and consequently commercially sensitive information.

One member queried the exact name of the company; officers stated that they would clarify the registered name and ensure it was used on documents.

The proposition was put to the vote and carried unanimously.

Report number RIM0340 by the Portfolio Holder for Good Housing.(Enclosure)

Decision:

That the Capital Programme for the Housing Revenue Account be amended to include an allocation of £775k for 2014/15 to provide LED lighting in communal areas of sheltered housing schemes.

The Portfolio Holder for Strategic Resources – Well Run Council proposed the recommendations in report number RIM0340, which would see an adjustment to the Housing Revenue Account Capital Programme to support a project that would provide LED lighting in the communal areas of sheltered housing schemes. Members were informed that the expected payback period on the investment was three-years. The proposition was seconded.

As well as the financial savings that would be made, reference was also made to the broader environmental benefits.

The proposition was put to the vote and carried unanimously.

Report of the Chairman of the Constitution Committee.                (Enclosure)

Decision:

That the Council approves the following changes to the Constitution:

1.1       Powers Delegated to officers

Amendment of the Constitution to delegate to the Executive Manager Environment (formerly Operations Director) and the Head of Housing and Neighbourhood the authority to use the powers set out in the Anti-social Behaviour, Crime and Policing Act 2014  (which comes into force  on 20th October 2014), as follows:

·         Constitution – Part 3 Operations Director  – ‘Waste Services’  -amend to Executive Manager Environment and at paragraph 1,  after “...in respect of the following statutes” insert:-

“including the provisions as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution – Part 3 – Operations Director ‘Waste Services’  - amend to Executive Manager Environment and at the end of paragraphs 3,4 and 5 insert:

“as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution  – Part 3 – Operations Director – amend to Executive Manager Environment and at  ‘Community Safety’ remove paragraph 1 and replace with:

“Authorised and to authorise officers to exercise any of the powers in relation to anti-social behaviour as set out in the Anti-Social Behaviour, Crime and Policing Act 2014 (and any amendments) and authorised to delegate power to officers and  Lincolnshire Police (including Police Community Support Officers) to issue Fixed Penalty Notices on behalf of the Council.”

·         Constitution – Part 3 “Head of Housing & Neighbourhoods”  at the end of  paragraph 12 insert:

“including the  provisions as provided  and  amended by the Anti-Social Behaviour, Crime and Policing Act 2014”     

1.2       Council Procedure Rules

Members’ Conduct - delete clause 21.7   at page 138 – ‘Recording of meetings’

1.3      Protocol Concerning the Recording of Public Meetings in the Council Chamber.

a)    At page 305 delete the words – “it is intended that Council Procedure Rules will be amended to preclude any other form of audio recording of meetings when the official system is operative.”

b)    At page 305 – paragraphs 5 and 6 – ‘Ownership’, add the words “made by the Council” after the word “recordings”

The Chairman of the Constitution Committee proposed the recommendations in report number LDS134. He explained that the recommendations that related to the Anti-Social Behaviour, Crime and Policing Act 2014; the amendments had been brought to this meeting of the Council so that delegations were in place in preparation for the Act coming into force on 20 October 2014. He informed Councillors that the legislation was designed to help officers deal with incidents more effectively and provide better protection for victims and the wider community. He also informed Members that at its meeting on 8 September 2014, the Committee also considered changes to the Constitution that were required by the Openness of Local Government Bodies Regulations 2014, which came into force on 5 August 2014 and permitted anyone attending meetings of the Council to record, film, photograph and use social media during Council meetings.

The Councillor seconding the proposition highlighted how the provisions within the Anti-Social Behaviour, Crime  ...  view the full minutes text for item 34.

The meeting was closed at 14:58.