Agenda and minutes
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Contact: Email: Democracy@southkesteven.gov.uk
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Public Open Forum
The public open forum will commence at 1.00 p.m. and the following formal business of the Council will commence at 1.30 p.m. or whenever the public open forum ends, if earlier. Minutes: No questions or statements were received. |
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Register of attendance and apologies for absence
Minutes: Apologies for absence were received from Councillors’ Manterfield and Morgan. |
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Disclosure of Interests
Members are asked to disclose any interests in matters for consideration at the meeting. Minutes: It was clarified that the motions at 11a) and 11b) on the agenda would be deferred in accordance with the Constitution. The Member was not present therefore, any interests relating to the motions, were not required to be noted at the meeting.
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Minutes of the meetings held on 26 November 2020 and 17 December 2020
To approve the minutes of the meeting held on 26 November 2020 and 17 December 2020, where the remaining business of the meeting was considered |
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Minutes: The minutes of the meeting held on 26 November 2020 were proposed, seconded and agreed as a correct, record subject to the following amendments:
· Top of page 10 should read;
Assurance was given by a Member of the Companies Committee that scrutiny of the company would be undertaken in a robust manor.
Not;
Assurance was given by the Vice-Chairman of the Companies Committee that scrutiny of the company would be undertaken in a robust manor.
· Bottom on page 10 should read:
It was noted that Councillor Whittington was currently a Member of the Companies Committee and that a conflict may arise.
Not;
It was noted that currently Councillor Whittington was the Vice-Chairman of the Companies Committee and that a conflict may arise.
· Page 11 the column “For” had Councillor Lee Steptoe and Councillor Amanda Wheeler voting twice, this was incorrect, although the figure of 11 was correct. |
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Minutes: The minutes of the meeting held on 17 December 2020 were proposed, seconded and agreed as a correct, record subject to the following amendment:
· That Councillor Hannah Westropp was included within the apologies for the meeting.
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Communications (including Chairman's Announcements)
Minutes: The Council noted that the Chairman’s engagements had been restricted due to the current lockdown. The Chairman had attended various Committee meetings which she found interesting and informative, she noted that too many acronyms were used during the meetings and a glossary of terms would be helpful.
The Chairman also made reference to the sad loss of Neil Smith, Neighbourhood Officer and asked all present to join her in a minute’s silence.
(13:27 – 13:28 a minute’s silence was held in memory of Neil Smith who had worked for the Council as a Neighbourhood Officer.) |
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Local Council Tax Support Scheme
This report recommends the Council’s Local Council Tax Support scheme for the forthcoming 2021/22 financial year
Additional documents: Minutes: The Cabinet Member for Finance and Resources presented the report on the Local Council Tax Support Scheme. He stated the second recommendation contained within the report would now include a Council Tax discount for Special Constables that resided in South Kesteven. This would form part of the approved Local Council Tax Support Scheme, and was in line with the Police and Crime Commissioner’s recommended discount to Special Constables.
The scheme was to be reviewed annually, however, it was intended that the Special Constables discount should remain in place until at least the end of this Council’s term, in May 2023.
The current Local Council Tax Support scheme had been in place since April 2013 and the key criteria remained unchanged. The current cost of the scheme was £7.2m, an increase on the previous year for working age claimants. Although the current number of claimants had stabilised, it was noted that an increase was expected due to the pandemic and the current economic climate. The Council’s share of the total cost for 2020/21 as at 11 January 2021, was based on a 9% share of the total cost of the scheme. Working age claimants were capped at a maximum entitlement of 80%, although pensioners continued to be protected at 100%. The scheme was supported by the Police and Crime Commissioner and Lincolnshire County Council.
The recommendations of the report, including the amendment were seconded.
Members welcomed the proposal to include a discount for Special Constables and were informed of the numbers of Special Constables there had been over the years and, the number of hours of un-paid voluntary work they had undertaken.
A point of order was raised in relation to the change of recommendation before Members. The Monitoring Officer clarified that the Cabinet Member was able to change the recommendations detailed in the report, prior to them being considered.
Debate followed on what Members agreed was a welcome change to the recommendation. Members queried how the change in recommendation had been reached. Information on other Lincolnshire Local Authorities arrangements for Special Constables were not known at the time Cabinet had made their original recommendation. The overwhelming support from Members and what other Local Authorities had agreed, had helped the Cabinet, together with the Cabinet Member for Finance and Resources to re-consider and amend the original recommendation.
A request for a recorded vote was asked for in accordance with Article 4.13.4 of the Constitution. It did not receive the required number of signatories, therefore a vote by exception was taken.
On being put to the vote, it was AGREED:
1. To approve the Local Council Tax Support scheme 2021/22 based on the same overarching criteria as the current year’s scheme. 2. To include a Council Tax discount for Special Constables that reside in the South Kesteven area, as part of the approved scheme. This was in line with the Police and Crime Commissioner’s recommended discount.
The scheme was to be reviewed annually, however, it was intended that the Special Constables ... view the full minutes text for item 63. |
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Statement of Licensing Policy 2021-2026
The Council has a statutory duty to review and publish its Statement of Licensing Policy every 5 years. Following public consultation, a draft revised Statement of Licensing Policy has been prepared for 2021-2026 and is presented for consideration Additional documents: Minutes: The Cabinet Member for Commercial and Operations presented the report on the Statement of Licensing Policy 2021-2026. The Council, as the Licensing Authority, had a statutory duty to review and re-publish its Statement of Licensing Policy at least every five years, this was currently due. It was highlighted to Members that the changes followed statutory requirements and changes in legislation.
The Environment Overview and Scrutiny Committee considered the draft Policy on 6 October 2020. This was followed by Public Consultation 9 - 26 October 2020. Any feedback received as part of that process informed a further draft, which was reviewed by the Alcohol, Entertainment and Late Night Refreshment Licensing Committee meeting on 13 November 2020. Cabinet subsequently reviewed the draft at its meeting on 1 December 2020 and recommended approval and adoption to full Council.
Members thanked the Head of Public Protection and their Team for the work undertaken to review the Policy. The proposal was seconded.
On being put to the vote, it was AGREED:
That the South Kesteven District Council Statement of Licensing Policy 2021-2026 was adopted.
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Appointment of Temporary Councillor to Pointon and Sempringham Parish Council
To advise Members of the temporary appointment of Councillor Dr Peter Moseley to Pointon and Sempringham Parish Council to allow the Parish Council to progress urgent business until a by-election can be held and a minimum of one new member has taken up office Additional documents: Minutes: Members noted the appointment of Councillor Dr Peter Moseley as a temporary Member to Pointon and Sempringham Parish Council. This appointment was until such time, that a new Parish Councillor was elected. The process for making temporary appointments to Parish Council was agreed at full Council on 26 July 2018, which delegated this function to the Chief Executive. |
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Updates from the Leader of the Council
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Decisions made under urgency provisions
This report sets out those decisions that have been made under urgency provisions set out within the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and the Council’s Constitution.
· Urgent Non-Key Decision UNKD001 – To seek approval for the payment of costs
Minutes: The Leader of the Council stated that since the last full Council meeting one urgent Non-Key Decision had been made by the Cabinet Member for Finance and Resources on 18 December 2020, in relation to the approval for the payment of costs, detailed within the exempt report. Members noted the report. |
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Members' Open Questions
A 45-minute period in which members may ask questions of the Leader, Cabinet Members, the Chairmen and Vice-Chairmen of the Overview and Scrutiny Committees and opposition group leaders excluding the Chairman and Vice-Chairman of the Planning Committee, Licensing and Alcohol, Entertainment and Late Night Refreshment Licensing Committees and Governance and Audit Committee. Minutes: Question 1
Councillor Selby apologised for his lateness as he had been to the funeral of Terry Shelbourne, a local artist based in Grantham.
Councillor Selby asked the Leader if there was any assistance the Council could give in promoting the EU settlement scheme, which gave EU citizens the right to remain in the UK after Brexit. The scheme was free to apply for and the deadline was 30 June 2021. Failure to apply before this deadline may mean a loss of rights for those EU citizens within the UK. The Citizens Advice Bureau (CAB) South Lincolnshire had a Team which was funded by the Home Office that offered free support and advice to clients applying for the scheme. However, due to the pandemic and the closure of their offices the CAB were struggling to attract clients, including those most vulnerable within the community. Councillor Selby asked if a small article could be included within the Council’s media publications.
The Leader of the Council added his condolences to the family of Terry Shelbourne.
The Leader agreed to raise the promotion of the EU settlement scheme with the Communications Team, to increase its profile. He would also request that the Cabinet Member for Communities, investigate how the issue could be further promoted.
Question 2
Councillor Paul Wood asked the Leader of the Council how the Scrutiny review was progressing, following the decision agreed at the last meeting of full Council.
The Leader stated that the Chief Executive had been in contact with the Centre for Governance and Scrutiny (CfGS), via the Local Government Association (LGA). A scoping exercise was being undertaken to consider the effectiveness of the current process and opportunities for improvement, potential structure changes, engagement of Members in the process, role of Chairman in the Scrutiny Committee and the training requirements. The Chief Executive had met with the CfGS that week to look at timings, taking into consideration the pandemic and the current lockdown, it was felt that a review should be undertaken when the demands from the pandemic had subsided. He stated that the review was moving forward, and that Members would be involved.
Members were also advised that after a successful recruitment exercise, a Deputy Chief Executive and Head of Democratic Services had been appointed. It was hoped that they would be in post within the next few months.
Question 3
Councillor Sandall expressed concern to the Cabinet Member for Culture and Visitor Economy that the static market traders at Stamford market were not wearing face masks, especially as the new variant of Covid-19 was more contagious. She enquired if there was a policy in place regarding this matter.
The Cabinet Member for Culture and Visitor Economy stated that it wasn’t mandatory to wear face coverings outside. The Market Supervisor had spoken to traders about wearing face coverings and had asked that those who could, wear them whilst engaging with customers. The Cabinet Member reiterated the need to adhere to social distancing, hand washing ... view the full minutes text for item 67. |
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Notices of Motion given under Article 4.9 of the Council's Constitution:
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Councillor Charmaine Morgan
Recognising there is a shortage of affordable social housing and need to support all, including our most vulnerable residents, South Kesteven District Council members support the provision of an SKDC underwritten Rent Guarantor Scheme or Insurance backed Guaranteed Rent Scheme to enable residents in receipt of benefit income or a pension to gain access to housing in the private rented sector. a) It provides an assurance to private landlords and housing associations that their rental costs and potential repair costs will be met for the duration of the Term of the Contract b) It offers councils the ability to re-house people, notably in receipt of benefits, or, low income, otherwise unable to access private rented housing left in inappropriate accommodation and/or for prolonged periods on the council waiting list c) The scheme also enables the council to agree predefined standards with both tenant and landlord d) It minimises the financial risk to the Council
Minutes: Motion deferred in accordance with Article 4.9.3 of the Council’s Constitution. |
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Councillor Charmaine Morgan
This Council will undertake an urgent and complete review of the management and enforcement of environmental regulations in relation to the maintenance of the wellbeing and safety of private tenants and other residents within the South Kesteven District. a) The review will include the examination of communications and formal complaints received in relation to the failure of private landlords and/or tenants to comply with legislative requirements. b) The review will consider how promptly and how effectively those complaints are handled. c) An examination will take place of existing national legislation d) the procedures implemented by South Kesteven District Council, and the speed and level of enforcement action and use of escalation taken by South Kesteven District Council Environmental Officers, particularly where there is an issue relating to safety and the wellbeing of tenants and residents affected. e) It will identify if adequate resource has been allocated to the Environmental team to enable officers to carry out their duties fully to ensure South Kesteven District Council remains compliant. f) The findings of the review will be reported back to full Council with any issues identified and agreed action/resources required to address them. Minutes: Motion deferred in accordance with Article 4.9.3 of the Council’s Constitution.
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Councillor Phil Dilks
This Council notes the lengthy delays between receiving recent external Reports and their consideration either by committees of the Council or by the full Council, in particular: 1. The ‘Riverside Report’ which exposes serious failings by this Council in providing adequate heating and hot water to 90 of our most elderly and vulnerable tenants leading to feelings that they had been badly let down and lied to. 2. The ‘Delivery Good Governance’ which makes 17 recommendations, highlights that ‘aspects of the Local Code of Governance are not working as intended…’, and states that ‘…these are matters for all councillors.’ It is noted that the ‘Riverside Report’ was submitted to this Council last March but not considered by a committee of this Council until some eight months later. It is further noted that the ‘Delivery Good Governance Report’ was submitted to this Council in December 2019, but not considered either by the full Council or by any committee of the Council until the last day of November 2020, almost a full year after it was submitted. In view of the above, and in the interests of openness, transparency and collaboration, this Council resolves to urgently refresh its practices and protocols to ensure that all such future external Reports are considered either by the full Council or by a committee of this Council as appropriate at the earliest opportunity.
Minutes: That the Council resolves to urgently refresh its practices and protocols and that all such future external reports are considered by either the full Council or Committee of the Council as appropriate and at the earliest possible opportunity.
The Member provided a background to the reasons for his motion, which started when he attended the Governance and Audit Committee in November 2020.
The Riverside Report was discussed, eight months after the report had been received by the Council. He referred to the Housing Non-Compliance report which stated that the Council was failing to meet its basic legal requirements to the 6,000 housing tenants, the MACE report, which had been received prior to Covid-19 and looked at leisure provision, but had not yet been received by any committee.
The Good Governance Report was referred to, which had also been considered by the Governance and Audit Committee, in November 2020. It was noted the report was a year old before it reached Members. He had asked why the report had been delayed and was given reasons which included Covid-19. One of the recommendations stated that a Corporate Plan was needed and he raised concern that when the Corporate Plan had been agreed by Council at the September 2020 meeting, there had been no mention that this was a recommendation contained within the Good Governance report.
Councillor Dilks urged Members to support his motion to assist with the openness and transparency, which was required by the Council.
Debate followed, with support for the motion being given by both the Leader of the Council and the Opposition Group Leader. Reference was made to other reports that had been received and how they had been dealt with, it was felt that a more open and transparent process was needed.
On being put to the vote, it was AGREED:
That the Council resolves to urgently refresh its practices and protocols and that all such future external reports are considered by either the full Council or Committee of the Council as appropriate, at the earliest possible opportunity.
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Councillor Phil Dilks
This Council: · VALUES the vital role that unpaid Special Constables play in protecting residents of South Kesteven as part of our 999 emergency services. · RECOGNISES that across Lincolnshire including South Kesteven, Special Constables are on police duty without any pay for an average of 29 hours a month. · WELCOMES the request made by Lincolnshire’s Police and Crime Commissioner to this Council to allow a concession to Special Constables of up to 25 per cent of council tax liability. · NOTES that should all 22 Special Constables who currently live in South Kesteven claim as outlined, the forecast cost of this Council’s share of the concession would be a TOTAL MAXIMUM of £825 in the coming financial year (2021/22). · RESOLVES to adopt the concession as requested by the PCC at the earliest possible opportunity.
Minutes: The Member who had submitted the motion stated that he did not wish to speak on the motion, as it had been agreed upon within the new recommendations from Cabinet, that were agreed earlier in the meeting. The motion was seconded, it was moved that the decision was taken without a debate taking place.
On being put to the vote it was AGREED:
That the Council:
· Valued the vital role that unpaid Special Constables played in protecting residents of South Kesteven as part of the 999 emergency services. · Recognised that across Lincolnshire including South Kesteven, Special Constables were on police duty without any pay for an average of 29 hours a month. · Welcomed the request made by Lincolnshire’s Police and Crime Commissioner to this Council to allow a concession to Special Constables of up to 25 per cent of Council Tax liability. · Noted that should all 22 Special Constables who currently lived in South Kesteven claim as outlined, the forecast cost of this Council’s share of the concession would be a total maximum of £825 in the coming financial year (2021/22). · Resolved to adopt the concession as requested by the Police and Crime Commissioner (PCC) at the earliest possible opportunity. |
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Close of meeting
Minutes: The meeting closed at 14:56. |