Agenda and minutes

Apologies for absence were received from Councillors Miss Channell, Craft, Dawson, Stephens, Spencer-Gregson and Tom Webster.

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

Councillor Smith declared a personal and prejudicial interest in the capital programme element of agenda item 6 ‘Determination of budget requirement for 2011/12 and indicative for the three years thereafter’. His interest was as a member of a club that meets in Bourne Core Area in premises leased from South Kesteven District Council. This interest would come into effect if the Core Area was discussed and Councillor Smith stated he would not stay in the room for the vote on the capital programme.

Councillor Wootten declared a personal and prejudicial interest in agenda item 12 ‘Notices of Motion’, motion 3 because he was a member of Lincolnshire County Council.

Councillors Exton and Carpenter both declared personal and prejudicial interests in agenda item 12 ‘Notices of Motion’, motion 3 because they were members of Lincolnshire County Council and sat on the Children and Young People’s Scrutiny Committee, which dealt with the items mentioned in the motion.

Councillor Mrs Bosworth declared a personal interest in agenda item 12 ‘Notices of Motion’, motion 3 because she was a member of Lincolnshire County Council.

Councillor Joynson declared a personal interest in agenda item 12 ‘Notices of Motion’, motion 3 because he was a governor at Stamford College in his capacity as the district council’s representative.

Councillor Adams declared a personal interest in agenda item 12 ‘Notices of Motion’, motion 3 because he was a governor at Kesteven and Grantham Girls’ School

Councillor Williams declared a personal and prejudicial interest in agenda item 12 ‘Notices of Motion’, motion 3 because he was a governor at Grantham College.

Councillor Smith declared a personal and prejudicial interest in agenda item 12 ‘Notices of Motion’, motion 3 because he was a governor at a school with a sixth-form.

                                                                                                                  (Enclosure)

The minutes of the meeting held on 9 December 2010 were confirmed as a correct record of the meeting.

A copy of the Chairman’s engagements from 3 December 2010 to 3 March 2011 were circulated for information and noted.

The Chairman proposed a motion that Council Procedure Rule 14.4, which states no speech may exceed five minutes be suspended for this agenda item, to allow speeches for a period not to exceed ten minutes. The motion was seconded, voted upon and was carried.

Report number HOF148 by the Head of Finance.                (Enclosure)

Please make sure you bring your copy of the budget book to the meeting.

Decision:

That the Council:

General Fund (Revenue)

a.   sets a General Fund budget requirement of £14.612M for 2011/12 (inclusive of special expenses but excluding of parish precepts)

b.   approves a Council Tax freeze for 2011/12 (including special expense areas)

c.    approves the original base estimate for 2011/12 and indicative base estimates for 2012/13, 2013/14 and 2014/15 as detailed in the summary at Appendix A page 1;

d.   approves increases in Fees and Charges for 2011/12 as set out in Appendix D

e.   approves the movement in Revenue Reserves and the statement contained at Appendix C

Capital and investment Programmes

f.    approves the General Fund Capital programme for 2011/12 to 2014/15 detailed at Appendix B page 1

g.   approves the indicative Housing Investment programme for 2011/12 to 2014/15 detailed at Appendix B page 2

h.   approves the Capital Financing statement detailed at Appendix B page 3

i.     approves the Capital Reserves statement contained at Appendix C

Housing Revenue Account (HRA)

j.     sets dwelling rent increases in accordance with Government guideline rent providing an average rent of £66.03 (and an average rental increase of 6.67%)

k.   sets an increase in garage rents of 4.6%

l.     increases service charges by 4.6% 

m.approves the Housing Revenue Account for the year 2011/12 and indicative years 2012/13 and 2014/15 shown at Appendix A page 7

Treasury Management and prudential indicators

n.   to approve the Treasury Management Strategy at Appendix E to report HOF148

Decision:

PART B: Council Tax setting 2011/12

1)      That the following amounts be calculated by the Council for the year 2011/12 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992 (as amended)

             a)    £89,525,000 being the aggregate of the amounts which the Council estimates for the items set out in Section 32 (2) (a) to (e) of the Act (including special expense and parish precepts).

b)       £73,504,000 being the aggregate of the amounts which the Council estimates for the items set out in Section 32 (3) (a) to (c) of the Act.

c)       £16,021,000 being the amount by which the aggregate at a) above exceeds the aggregate at b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year.

d)       £8,380,000 being the aggregate of the sums which the Council estimates will be payable for the year into its General Fund in respect of redistributed Non-Domestic Rates and Revenue Support Grant increased by the amount of the sum to be transferred from the Collection Fund to the General Fund

e)    £163.46 being the amount at c) above less the amount at d)              above, all divided by the Council's tax base of 46,744.4 as  recorded in minute 42 of the cabinet meeting of  6 December 2010, in accordance Section 33(1) of the Act, as the basic amount of its Council Tax for the year 2011/2012.

             f)     £1,902,222 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

             g)    £122.76 being the amount  ...  view the full minutes text for item 76.

Report number LDS015 by the Leader of the Council.        (Enclosure)

Report number LDS015 by the Leader of the Council on urgent key and non-key decisions made in respect of car parking charges was circulated with the agenda for Members to note.

Report number AFM190 by the Leader of the Council.        (Enclosure)

Decision:

1.   Council approves the amendments to the South Kesteven Council (Off Street Parking Places) (Pay and Display) Order 2010 to adopt the revised schedule of charges (attached to report number AFM190 at appendix 1) provided no significant level of adverse feedback is received from the public consultation due to be completed on 4 March 2011.

2.   In the event of any adverse comment being received by the 4 March 2011 on completion of the public consultation, delegate the decision whether or not to approve the amendments to South Kesteven District Council (Off-Street Parking Places) (Pay and Display) Order 2010 proposed at recommendation (1) above to the Portfolio Holder for Economic Development.

The Leader of the Council presented report number AFM190 and moved the recommendations within. The Council had begun consultation on the proposal and all feedback received up to the time of the meeting had been positive. Unless any untoward comments were received on Friday 4 March 2011, subject to Council’s agreement, car parking charges in Grantham and Stamford would be reduced. The motion was seconded.

Councillor Hearmon stated he welcomed the initiative but expressed his concern that consultation had begun prior to a decision of Council. The notices advertising the consultation expressed that the charges would decrease from 1 April 2011. He moved an amendment “that the 30 minute charge be abolished and the charge for ‘up to an hour’ be reduced to 50p.” This was seconded. If, following debate, the amendment was approved, the new proposal would be subject to consultation.

Members supporting the amended motion argued that reducing the price of short-stay car parking in South Kesteven would increase the chances of people visiting the town centres and completing their business within the district. They considered this would be of significant import to communities not served by public transport. Members who opposed the amendment felt that it would only encourage people wanting to stay for a short time. Councillor Hearmon clarified that his amendment was to alter the charges for 30 minutes and ‘up to an hour’. The rest of the charges would remain unchanged.

The budgetary impact of the proposal was debated. Members asked what provision had been made in the 2011/12 budget for car parking. The Section 151 Officer confirmed that there was provision within the budget to support the scheme that had initially been proposed. The financial implications of the amendment would need modelling and had not been provided for in the budget. If Members passed the amendment, the finance team would carry out the modelling work and, subject to consultation and an affirmative decision from Council, a revised budget would be required. Those supporting the motion suggested that the Council’s reserves could be used to subsidise any shortfall in car parking income.

The Chief Executive advised that if Members were minded to approve the motion, a further Cabinet decision to restart process of consultation would be required. The Council would need to wait for the consultation period to end before making its  ...  view the full minutes text for item 78.

Report number ENV516 by the Chairman of the Licensing Committee.          (Enclosure)

Decision:

1.1     That Council resolve to formally adopt the amendments to the provision of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009, and

1.2    That statutory notice of the resolution is published within the specified time periods as outlined within report number ENV516, and

1.3    That the date for the new provision to take effect should be 8 April 2011.

The Council had before them report number ENV516 of the Chairman of the Licensing Committee requesting the adoption and implementation of amendments to the provision of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009. The Chairman of the Licensing Committee moved the recommendations in the report. In doing so, she congratulated the team on its production and commended its adoption to Council. The proposition was seconded.

In response to debate from Members, the Service Manager for Community Safety and Licensing explained that the adoption of the provision would give the authority more control about where such establishments could operate from and allow Members to place more conditions on a premise if it was granted a licence. Within the district, there was only one premise that would be licensable under this provision and there had been no significant crime and disorder issues since it had opened.

The motion, having been proposed and seconded, was put to the vote and carried.

Report number LDS016 by the Chairman of the Constitution Committee.      (Enclosure)

Decision:

The Constitution be amended

1.1       At clause 10.1 page124 of the Council Procedure Rules relating to the Public Open Forum to clarify that any question can be asked during the Public Open Forum subject to the provisions of clause 10.5 but any speeches to be made must be relevant to an item on the agenda.

1.2       At clause 1 of page 97 relating to powers delegated to officers be amended to delete reference to the Dogs (Fouling of Land)Act 1996 and include reference to service and enforcement relating to failure to clear up in respect of dog fouling, failure to put a dog on a lead when requested to do so and allowing a dog in to an area from which they are excluded in accordance with The Fouling Of Land by Dogs within the District of South Kesteven Order 2010, The Dogs Exclusion within the District Of South Kesteven Order 2010 and the Dogs on Leads under Direction within the District of South Kesteven Order 2010 and in accordance with the Clean Neighbourhood and Environment Act 2005.

1.3       At clause 2 on page 97 include reference to failure to put a dog on a lead when requested to do so and allowing a dog into an area from which they are excluded.

1.4       At page 141 Public Speaking at Development Control and Licensing Committees be clarified to confirm that Members of the Council speaking at those Committees are permitted to speak for 5 minutes in accordance with the Council Procedure Rules.

1.5       That applications for uncontested street naming be delegated to the Head of Development and Growth

The Chairman of the Constitution Committee introduced report number LDS016 and moved the recommendations of the Committee for adoption by Council. The recommendations were intended to clarify the terms of the public open forum at council meetings and public speaking at Development Control and Licensing Committees; adopt clauses relating to dog control under the Fouling Of Land by Dogs within the District of South Kesteven Order 2010, the Dogs Exclusion within the District Of South Kesteven Order 2010 and the Dogs on Leads under Direction within the District of South Kesteven Order 2010 and in accordance with the Clean Neighbourhood and Environment Act 2005 and delegating authority for uncontested street naming to the Head of Development and Growth. The proposal was seconded, voted upon and carried.

1)           From Councillor Ian Selby

That this council installs a live internet webcast for all full council meetings and for any other meetings held in the council chamber that the Chief Executive Officer feels is appropriate and in the best interests of the general public.  

2)           From Councillor Ray Wootten

That this Council congratulate the Conservative led administration, which in difficult times has produced a budget that ensures growth, low Council Tax and protects front line services.

3)           From Councillor Rob Hearmon

South Kesteven District Council notes the consultation on bus transport currently being undertaken by Lincolnshire County Council on proposals which, if effected, would:

1.   Increase the annual contribution by students to the cost of transport to their nearest suitable sixth form or college in Lincolnshire where the home to school/college journey is greater than 3 miles from the present figure of £202 per annum to £390.

2.   Provide transport only to the nearest or designated further education (FE) college or sixth form, irrespective of course availability.

3.   No longer provide transport for students from home to school or college along unsuitable walking routes where the distance is less than three miles.

Council believes the proposals which will have a detrimental effect upon student choice, and potential participation in study after the age of 16, and may lead to students being unable to pursue studies in courses of their choice.   Poor public transport in parts of Lincolnshire will further restrict access to colleges and courses of choice if students are only supported as outlined in point 2 above.  

Council shares the concern of local colleges and headteachers concerns about the proposals and requests that the County Council reconsider their proposals which will adversely impact upon the life chances of young people in Lincolnshire.

4)           From Councillor Rob Hearmon

Council note the decision of Lincoln University not to renew its contract with New College, Stamford, and other Further Education Colleges for Higher Education provision starting in Autumn 2011.   It further notes that Lincoln University has declined to allow support for any new franchised students that are part of Lincoln University’s HEFCE allocation and has also declined to act as the validating university for any students allocated to a college directly from HEFCE; this latter decision being notified as late as 10^th January 2011 well after students applying for course through the UCAS procedure.   These actions remove new Higher Education provision in parts of the county and require Further Education colleges to seek partnerships elsewhere.   Local residents and non–traditional students will be denied the opportunity to study locally, flexibly and, where appropriate, part-time.     

Council recalls that the University of Lincoln was established with support from across the County as a facility to be of benefit to all within the county.   Council, therefore, calls upon the Vice-Chancellor to reconsider these decisions in partnership with other education providers to achieve an equitable outcome for all concerned.

From Councillor Selby

Decision:

That the Council rejects the motion “that this Council installs a live internet webcast for all full Council meetings and for any other meetings held in the Council Chamber that the Chief Executive Officer feels is appropriate and in the best interests of the general public.”

Councillor Selby proposed his motion “that this Council installs a live internet webcast for all full council meetings and for any other meetings held in the Council Chamber that the Chief Executive Officer feels is appropriate and in the best interests of the general public.” In doing so, he highlighted potential advantages, allowing people who do not live in Grantham access to the meetings. Members of the public would also be able to access meetings at a time convenient for them. Webcasting would assist the council in improving transparency and accountability. Having spoken to providers of webcasting solutions for other councils, Councillor Selby estimated the start-up cost should be no more than £20,000, with an additional monthly sum, estimated at £600, for hosting and streaming. The proposal was seconded.

Members debated the motion. Those supporting it highlighted issues including access and improved transparency and public confidence. They stated that similar provision in Parliament had helped increase public understanding and accountability of elected representatives. Members speaking against the motion discussed issues including costs (many systems require a member of staff to operate them) and the requirements that would be stipulated within the Localism Bill. Members were concerned that new provisions adopted at this meeting could be redundant after the passage of the Bill. The suggestion was made that costs could be recouped through sponsorship schemes.

Councillor Selby, in summing up, responded to the key points raised during the debate and summarised his meeting with representatives from Leicestershire County Council. The motion was put to the vote and lost.

From Councillor Wootten

Decision:

That this Council congratulate the Conservative-led administration, which in difficult times has produced a budget that ensures growth, low Council Tax and protects frontline services.

Councillor Wootten proposed the motion “That this Council congratulate the Conservative-led administration, which in difficult times has produced a budget that ensures growth, low Council Tax and protects frontline services.” The motion was seconded.

Councillor Williams proposed an amendment to the motion, which was seconded. The amended motion: “That this Council congratulate officers and Members, which in difficult times has produced a budget that ensures growth, low council tax and protects frontline services.” Members speaking in favour of the amended motion stated that their support of the budget had been clearly documented during discussion on that item and that Members from across political groups worked together to develop the budget. A vote was taken on the amendment, which was lost.

Councillor Wootten summed up his motion.

Prior to the taking of the vote (at 16:59), Councillors Avril Williams, Selby, Sam Jalili, Joynson, Brough, Holmes, Mrs Gaffigan, Davidson, Bisnauthsing and Mrs Jalili left the Chamber.

On being put to the vote, the motion was carried.  ...  view the full minutes text for item 81.

As this was the last meeting of the current Council before the election in May 2011, Councillor Mrs Radley thanked Members for their support. The Council showed their appreciation for the Chairman with a round of applause.

Councillor Lovelock also wished to thank Members, as after 63 years of continuous local government service, he had decided that he would not stand for re-election. He wished South Kesteven District Council well for the future.

The meeting was closed at 17:39.