Agenda and minutes

To consider appointments to committees, and also to the Rural Services Network and Grantham Almshouses Outside Bodies.

Appointments to Committees and Outside Bodies was not considered due to time constraints and would be scheduled for consideration at the next ordinary meeting of Full Council on 23 November 2023.

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.

As the Chairman had submitted apologies for the meeting, the Vice-Chairman welcomed those in attendance to the meeting. 

Prior to the commencement of formal proceedings, the Vice-Chairman asked Members to join him in a minute’s silence following the recent deaths of former Councillors Avril Williams, Mike Williams, Rosemary Kaberry-Brown and Ray Wootten. Councillors Ian Selby, Mark Whittington, Graham Jeal, Richard Cleaver, Phil Dilks, Rob Shorrock and Charmaine Morgan gave short speeches in memory of the former Councillors.

One member of the public had registered to speak during the Public Open Forum, but withdrew his question prior to formal proceedings.

Apologies for absence were received from:

Councillor Ben Green

Councillor Gloria Johnson

Councillor Nick Robins

Councillor Penny Robins

Councillor Ian Stokes

Councillor Sarah Trotter

Councillors Harrish Bisnauthsing and Nikki Manterfield gave notice that they needed to leave the meeting early.

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

The minutes of the meeting held on 20 July 2023 on were proposed, seconded and agreed as a correct record subject to the following amendment:

Under the item Members’ Open Questions, Question 2 – Councillor Max Sawyer asked the Deputy Leader of the Council for the procedure that was followed in allowing the previous Leader of the Council to pay for a Future Leader’s course held in the USA.

It now read:

“Councillor Max Sawyer asked the Deputy Leader of the Council for the procedure that was followed in allowing the Council to pay for the previous Leader of the Council to attend a Future Leader’s course held in the USA.”

To consider the content of a report of the Independent Remuneration Panel following the undertaking of a mini-review into the Council’s Members’ Allowances Scheme.

Members considered a report of the Independent Remuneration Panel following a mini-review into the Members’ Allowances Scheme.

The report was introduced by Mr John Cade, Chairman of the Independent Remuneration Panel (IRP). He highlighted the following points:

·         A mini review had been undertaken on two issues; firstly, the Special Responsibility Allowances for the Chairman and Vice-Chairman of the Standards Committee, and also the Special Responsibility Allowance (SRA) for the Opposition Group Leader.

·         The Standards Committee had an important function, but was newly established; therefore it was recommended that the level of remuneration was to remain as agreed at the AGM in May 2023. If further changes were required, this issue could be looked at again.

·         A number of steps were taken when reviewing the SRA for the Opposition Group Leader. The first step was to consult The Local Authorities (Members’ Allowances) (England) Regulations 2003 and check that there was a properly constituted opposition group, and if there was then the allowance had to be made. There was nothing within the Constitution of South Kesteven District Council defining what the ‘Opposition’ comprised.

·         The current administration, or Cabinet was formed from votes at the Council AGM in May 2023 from groups across the Council with the exception of the South Kesteven Coalition Group. If the Labour Group had cast their votes differently then the situation would have been different; therefore in the opinion of the IRP the Labour Group could not be an Opposition Group whilst voting for the current Leader. Overall, it was the opinion of the IRP that the Opposition Group allowance should go to the Leader of the South Kesteven Coalition Group.

·         The point had been raised that not all group leaders could receive an allowance. This could be looked at in the future by the IRP, but it was advised that there could be some non-pecuniary risks.

The following points were raised during debate:

·         One Councillor saw no need for the allowance for an opposition, nor the identification of Councillors as an opposition.

·         The Labour Group chose to have no representation within the administration in order to speak freely. The Group was in a loose ‘confidence and supply’ agreement with the administration, a parallel with the Democratic Unionist Party and the Conservatives in 2017, and the previous ‘Lib-Lab pact’.

·         The word ‘opposition’ was not mentioned in the Constitution, and this was something that could be picked up as part of a Constitution review.

Having been proposed and seconded and upon being put to the vote, it was AGREED:

DECISION:

That Full Council:

1.    Notes the content of the report.

2.    Approves the rate of £2,865 per annum for the position of Chairman of the Standards Committee as a Special Responsibility Allowance and that this be reflected in the Members’ Allowances Scheme.

3.    Approves the rate of £945 per annum for the position of Vice-Chairman of the Standards Committee as a Special Responsibility Allowance and that this be reflected in the Members’ Allowances Scheme.

4.    Instructs the Monitoring  ...  view the full minutes text for item 39.

To provide Full Council with an opportunity to designate an officer to the statutory position of Monitoring Officer.

Members considered the opportunity to designate an officer to the statutory position of Monitoring Officer.

Note:  At this stage, all officers of the Council present with the exception of the Chief Executive, Democratic Services Officer and the Democratic Services Manager left the Council Chamber.

Positive reference was made to Alan Robinson, the previous Monitoring Officer and the service that he had provided to the Council prior to his retirement.

Having been proposed and seconded and upon being put to the vote, it was AGREED:

DECISION:

That Graham Watts, Assistant Director of Governance, be designated as South Kesteven District Council’s permanent Monitoring Officer with immediate effect.

Note:  All officers that had previously left the Council Chamber returned following the vote.

To seek support and approval from Council to amend the 2023/24 Housing Revenue Account (HRA) capital allocation of Housing Development Investment by an additional £1m to be able to respond promptly to opportunities to purchase properties to increase the Council’s housing stock. The report was recommended by Cabinet at its meeting held on 11 September 2023.

Members considered an amendment to the 2023/2024 Housing Revenue Account (HRA) capital allocation of Housing Development Investment by an additional £1m in order to respond promptly to opportunities to purchase properties to increase the Council’s housing stock.

The Council’s housing stock had been reducing year on year; however, capital budget had been committed to initiate development schemes. Examples of these schemes included the twenty homes in Swinegate, Grantham, and the four flats on Elizabeth Road, Stamford. Building work on other projects was scheduled to start in 2024.

The Council had been approached to purchase affordable homes on larger developments, and a recent example of this was the purchase of 12 homes in Langtoft, near Market Deeping.

The administration wanted to be able to respond swiftly to market opportunities and create a flow of new housing for those most in need. This could include buying back properties that had previously been sold, alongside working with the Assistant Director of Housing and the Housing team to develop a hybrid approach on the Council’s own sites.

The HRA Disposal and Acquisitions Policy, due to be presented at Cabinet on 10 October 2023 would set the framework for the way in which the Council acquired and disposed of land or assets to and from the Housing Revenue Account.

The following points were highlighted during debate:

·       There were roughly 6,000 Council properties, all of which would require differing degrees of maintenance. A point was raised as to whether the amendment to the HRA could be spent solely on repairs rather than on new stock. However, it was clarified that there was the possibility to both respond to opportunities in the housing market and invest in repairs as funding for the two different schemes came from different Council reserves.

·       There were a large number of people on the Council House register, and a number of homeless people across the country. Government figures indicated 104,000 in temporary accommodation and that these families were less likely to access services.

·       More housing was needed but it would be key to not outbid housing associations.

·       There were lessons to be learned from the recent property purchases in Langtoft.

·       It was difficult to recruit companies and staff to carry out major works on housing as there was a national shortage of labour in this area.

·       Work was ongoing to tackle voids, an example of this was works done to the 150 houses on the Earlsfield estate. Many of these works had been completed, with asbestos removed.

·       If the 12 homes at Langtoft had not been purchased they would have been placed on the open market. In time, these homes would return to the Council’s housing stock.

·       The Council was signed up to the ‘One for One’ scheme with the government, which required the Capital Receipts Reserve to be invested back into the Council’s housing stock. If this was not carried out the money would have to be given back to the government.

·       When people exercised their ‘Right to Buy’, there were  ...  view the full minutes text for item 41.

This report provides an overview regarding South Kesteven District Council’s potential to upgrade District Council operated streetlights to energy efficient LED (Light Emitting Diode) units. The report was recommended by Cabinet at its meeting held on 11 September 2023.

Members considered an overview of the potential upgrade to the District Council operated streetlights to energy efficient Light Emitting Diode (LED) units.

Both the Finance and Economic Overview & Scrutiny Committee and Cabinet had considered and recommended this report to Full Council. Both meetings had been well attended and robust debates held. LED units would lead to roughly a 70% saving on every lamp; therefore the return on investment was good.

The following points were raised during debate:

·         The report made sense from a financial and environmental point of view. The payback period on the LED lighting was around 5 years.

·         Bourne had received LED lighting in its town centre from Lincolnshire County Council (LCC). South Kesteven would need to be confident that any areas being illuminated made the residents feel safe, as it appeared that the amount of light given out could be varied by LCC. There would be the option to keep the lights on all night, dim them, or compromise of the two.

·         The impact on wildlife of the new lighting would be considered by the Environment Overview & Scrutiny Committee in the future as the lighting was rolled out.

·         The revenue budget would be reduced meaning that it was less likely that money would be needed from reserves. The total allocation of £1m could not be spent all at once as there was not the staffing levels to enable this.

Having been proposed and seconded and upon being put to the vote, it was AGREED:

DECISION:

That Full Council:

1.    Approves the allocation of funding of £1million to accelerate the replacement of the Council operated streetlights with LED energy efficiency lamps. The scheme to be funded as follows:

·         £500k Invest to Save Reserve

·         £250k Budget Stabilisation Reserve

·         £250k Local Priorities Reserve

2.    Requests the Environment Overview & Scrutiny Committee review the current Street Lighting Policy with regard to further reducing energy costs at specific times and locations.

Full Council is asked to consider the proposals and agree next steps to enable the development of a new depot at Turnpike Close in Grantham, following a recommendation from Cabinet held on 11 September 2023.

Members considered the proposals and budget attached to the development of a new depot at Turnpike Close in Grantham.

The priority for a replacement depot was in the outgoing Corporate Plan. The current site at Alexandra Road was not fit for purpose. For example, the current operating licence only allowed for one additional waste collection vehicle on site, demonstrating that there was little room to expand – the current site had been in use since the 1970s. Since 2020 there had been continued progress in working towards this corporate priority by purchasing Turnpike Close.

The welfare facilities did not meet modern standards for the Council’s workforce. A new facility would provide drying areas, new locker provisions as well as canteen and training facilities.

The Lincolnshire County Council waste disposal site would remain unchanged as any changes to that site were not within the gift of South Kesteven District Council. Works would not occur on the Alexandra Road site until 2025 to avoid interruptions to the service.

The Joint Meeting of the Finance & Economic and Environment Overview & Scrutiny Committees occurred on 25 July 2023 and recommended proposals to Cabinet, who in turn unanimously recommended the scheme to Council at their meeting on 11 September 2023.

The following points were raised during debate:

·       The combined cost of £10 million mentioned within the financial comments in the report included £2 million that had previously been used for the acquisition of the Turnpike Close site.

·       The conditions encountered at Alexandra Road were poor compared to other Councils. The site itself was in a residential area and the condition of the access road was degrading.

·       The timings of Finance and Economic Overview & Scrutiny Committees made it difficult to monitor the progress of the Depot, therefore a politically balanced, public working group was proposed.

·       There had been some previous costs attributed to this project, including preliminary and demolition works.

·       The new site at Turnpike Close was closer to the A1 road, and away from most residential properties.

·       The selling of surplus assets would mitigate the cost of the Depot; however cost mitigations would be considered separately in the future.

Note:  Councillor Harrish Bisnauthsing left the meeting.

Debate moved specifically onto the proposed recommendation 2, which dealt with the allocation of additional funding that may be required for the project. The proposal read:

“That delegated authority be granted to Cabinet, in consultation with the Section 151 Officer and Chairman of the Finance and Economic Overview & Scrutiny Committee, to allocate any additional funding if necessary as a result of unforeseen costs during the project, with any such decision being reported to the Finance and Economic Overview & Scrutiny Committee at the earliest opportunity.”:

·       Scope was built into this recommendation to utilise further funding on top of the £8 million should an unintended increase in costs arise. This would be subject to scrutiny from the Finance and Economic Overview & Scrutiny Committee.

·       It was prudent to have a mechanism in place to adapt to an unintended overspend. If the spend increased  ...  view the full minutes text for item 43.

To provide Full Council with notification of a recommendation by the Standards Committee to include the revised procedure for dealing with complaints against Councillors as part of the Constitution.

Amendment to the Constitution – Procedure for Dealing with Complaints Against Councillors was not considered due to time constraints and would be scheduled for consideration at the next ordinary meeting of Full Council on 23 November 2023.

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.

Members’ Open Questions were not considered due to time constraints.

Full Council notes that:

1.    The pressure on organisations to pay their fair share of tax has never been stronger.

2.    Polling from the Institute for Business Ethics finds that “corporate tax avoidance” has, since 2013, been the clear number one concern of the British public when it comes to business conduct.

3.    Almost two thirds of people (64%) agree that the Government and local councils should consider a company’s ethics and how they pay their tax, as well as value for money and quality of service provided, when awarding contracts to companies.

4.    Around 17.5% of public contracts in the UK have been won by companies with links to tax havens.

5.    It has been conservatively estimated that losses from multinational profit-shifting (just one form of tax avoidance) could be costing the UK some £17bn per annum in lost corporation tax revenues.

6.    The Fair Tax Mark offers a means for business to demonstrate good tax conduct, and has been secured by a wide range of businesses across the UK, including FTSE-listed PLCs, co-operatives, social enterprises and large private businesses.

Full Council believes that:

1.    Paying tax is often presented as a burden, but it shouldn’t be.

2.    Tax enables us to provide services from education, health and social care, to flood defence, roads, policing and defence. It also helps to counter financial inequalities and rebalance distorted economies.

3.    As recipients of significant public funding, local authorities should take the lead in the promotion of exemplary tax conduct; be that by ensuring contractors are paying their proper share of tax, or by refusing to go along with offshore tax dodging when buying land and property.

4.    Where councils hold substantive stakes in private enterprises, influence should be wielded to ensure that such businesses are exemplars of tax transparency and tax avoidance is shunned.

5.    More action is needed, however, as current and proposed new UK procurement law significantly restricts councils’ ability to either penalise poor tax conduct (as exclusion grounds are rarely triggered) or reward good tax conduct, when buying goods or services.

6.    UK cities, counties and towns can and should stand up for responsible tax conduct - doing what they can within existing frameworks and pledging to do more given the opportunity, as active supporters of international tax justice.

Full Council resolves to:

1.    Approve the Councils for Fair Tax Declaration.

2.    Lead by example and demonstrate good practice in our tax conduct, right across our activities.

3.    Ensure IR35 is implemented robustly and contract workers pay a fair share of employment taxes.

4.    Not use offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

5.    Undertake due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates. 

6.    Demand clarity on the ultimate beneficial ownership of suppliers UK and overseas and their consolidated profit & loss position, given lack of clarity  ...  view the full agenda text for item 47.

Councillor Steptoe’s motion was not considered due to time constraints and may be heard at the next ordinary meeting of Full Council on 23 November 2023.

This Council calls for an urgent full review of the resources and processes in waste services to be reported to the Finance and Economic Overview Scrutiny Committee, and the Environment Scrutiny Committee. 

Our residents expect to receive a first-class refuse collection service and that’s exactly what they got throughout the Covid period. SKDC waste operatives worked tirelessly and professionally during this time, ensuring residents' bins were emptied.

Unfortunately there is increasing evidence of failures in bin collections that urgently need to be investigated.

Council notes that bin collections are being missed, resulting in repeat visits around the District by refuse vehicles. This costs the Council time, money and labour, as well as unnecessarily increasing the carbon footprint of our District. In August alone, 536 missed bin collections were reported.

An urgent review should look into but not be limited to:

- the need for more vehicles and operatives to complete the collections;

- the need for more management resources;

- failures in cabinet oversight;

- failures in contingency planning;

- failures in communication with members about the extent of issues in waste services.

The review will need to draw up an improved business plan, and make operational recommendations, since we recognise that as South Kesteven grows issues may get worse.

Councillor Woolley’s motion was not considered due to time constraints and may be heard at the next ordinary meeting of Full Council on 23 November 2023.

This council recognises the important responsibilities and duties it has to provide local authority housing in South Kesteven - including to those designated as refugees. Whilst all Members recognise this important work, this council is concerned that the discharge of this duty can have adverse relations with communities, parish councils and other representatives across the district.

This council believes that recent approval and subsequent purchase of properties in Langtoft by our housing service without consulting local representatives, the community and without consideration for the section 106 requirements damaged the reputation of the council and relations with residents, parish councillors and ward members.

This council agrees, in order to learn lessons moving forward, to undertake an urgent review of HRA purchasing activities to be reported to the Housing Overview and Scrutiny Committee including but not limited to:

- the scope of consultation surrounding future purchases of social housing by the SKDC HRA 

- the communication process for cabinet oversight of consultation around the HRA

- failures in communication with members about the acquisition activities of the HRA 

- consideration of location in the context of the need, sustainability and facilities.

- transparency in the use of S106 variations in implementing changes to proportionate tenures following original planning approval.

Councillor Milnes’ motion was not considered due to time constraints and may be heard at the next ordinary meeting of Full Council on 23 November 2023.

The meeting closed 5:10pm.