Agenda and minutes

Council - Monday, 9th January, 2017 7.00 pm

Venue: Council Chamber, Catmose, Oakham, Rutland, LE15 6HP

Contact: Natasha Brown, 01572 720991  Email: nbrown@rutland.gov.uk

Link: Audio recording

Items
No. Item

466.

APOLOGIES

To receive any apologies for absence from Members.

Minutes:

Apologies were received from Mr T King.

467.

CHAIRMAN'S ANNOUNCEMENTS

To receive any announcements by the Chairman.

Minutes:

The Chairman confirmed that his list of engagements had been circulated.

 

The Chairman acknowledged Councillor Oxley in his new role as Leader of the Independent Group and also Councillor Walters who had now joined the Conservative Group.

 

The Chairman made an announcement regarding Councillor Terry King who had taken an extended leave of absence due to ill-health.  It was confirmed that this leave of absence would continue until further notice and that during this time Councillors Walters, Stewart and Begy would cover any business for Exton Ward and would be contact points for people living in that Ward. Councillor Mathias would continue as Acting Leader and deputise as Group Leader for the Conservative Party.  Portfolio responsibilities for finance had also been delegated to Councillor Mathias and Portfolio responsibilities for Development had been delegated to Councillor Hemsley.

 

The Chairman confirmed that it was hoped that Councillor King would be home from hospital soon and that he and his family wanted to thank all those that had sent kind wishes and asked for privacy during this time. Councillor Bool would extend the best wishes of Council to Councillor King and his family after this meeting.

468.

ANNOUNCEMENTS FROM THE LEADER, MEMBERS OF THE CABINET OR THE HEAD OF PAID SERVICE

To receive any announcements by the Leader, Members of the Cabinet or the Head of Paid Service.

Minutes:

There were no announcements from the Leader, Members of the Cabinet, or the Head of Paid Service.

469.

DECLARATIONS OF INTEREST

In accordance with the Regulations, Members are invited to declare any disclosable interests under the Code of Conduct and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

Minutes:

Mr Callaghan declared that he had an interest in Item 10 of the agenda due to his role as a Governor at Casterton College.

470.

MINUTES OF PREVIOUS MEETING

To confirm the Minutes of the 255th meeting of the Rutland County Council District Council held on 14 November 2016.

Minutes:

The minutes of the 255th meeting of the Rutland County Council District Council held on 14 November 2016 were confirmed by the Council and signed by the Chairman.

471.

PETITIONS, DEPUTATIONS AND QUESTIONS FROM MEMBERS OF THE PUBLIC

To receive any petitions, deputations or questions received from members of the public in accordance with the provisions of Procedure Rule 28. The total time allowed for this is 30 minutes.  Petitions, deputations and questions will be dealt with in the order in which they are received and any which are not considered within the time limit shall receive a written response after the meeting.

Minutes:

There were no petitions, deputations or questions from members of the public.

472.

QUESTIONS FROM MEMBERS OF THE COUNCIL

To receive any questions submitted from Members of the Council in accordance with the provisions of Procedure Rules 30 and 30A.

Minutes:

There were no questions received from members of the council.

473.

REFERRAL OF COMMITTEE DECISIONS TO THE COUNCIL

To determine matters where a decision taken by a Committee has been referred to the Council in accordance with the provisions of Procedure Rule 110.

Minutes:

No decisions had been referred.

474.

CALL-IN OF DECISIONS FROM CABINET MEETINGS DURING THE PERIOD FROM 12 NOVEMBER 2016 to 6 JANUARY 2017 (INCLUSIVE)

To determine matters where a decision taken by the Cabinet has been referred to Council by the call-in procedure of Scrutiny Panels, as a result of the decision being deemed to be outside the Council’s policy framework by the Monitoring Officer or not wholly in accordance with the budget by the Section 151 Officer, in accordance with the provisions of Procedure Rules 206 and 207.

Minutes:

No call-ins were received.

475.

REPORT FROM THE CABINET pdf icon PDF 56 KB

To receive Report No. 12/2017 from the Cabinet on recommendations referred to the Council for determination and to note the Key Decisions taken at its meetings held on 15 November 2016 and 20 December 2016.

Additional documents:

Minutes:

Report No. 12/2017 from the Cabinet was received to consider the recommendations of Cabinet referred to the Council for determination and to note the Key Decisions made by Cabinet since the publication of the agenda for the previous ordinary meeting of the Council and those brought forward from the Council Meeting on 14 November 2016.

 

1)     Council NOTED the Key Decisions made since the publication of the agenda for the previous ordinary meeting of the Council and those brought forward from the 14 November 2016 meeting attached as Appendix A to Report No. 12/2017.

 

2)     18 October 2016

Decision No. 330

Report No. 166/2016

Local Council Tax Report

 

Mr Mathias introduced and moved the recommendations in the report.  Mr Clifton seconded the recommendations.

 

RESOLVED

 

2.1 To APPROVE the adoption of the Local Council Tax Support scheme currently in operation and to adjust annually for inflation in line with the Government’s annual Adjudications and Operations Circular from 2017/18 financial year onwards.

2.2 To APPROVE the realignment of the Discretionary Fund budget from £50k to £25k in line with existing demand.

2.3 To AUTHORISE the Assistant Director (Finance), in consultation with the Cabinet Member with portfolio for Finance, to make minor changes to the Local Council Tax Support scheme and the Discretionary Fund as a result of best practice, guidance or legislation.

3)     20 December 2016

Decision No. 451

Report No. 219/2016

Allocation of Funding for School Places

 

Mr Wilby introduced and moved the recommendations in the report.  Mr Hemsley seconded the recommendations.

 

During his introduction Mr Wilby acknowledged that although there were spaces available at Casterton College, the demand was for school places at Catmose Campus.  The additional school places proposed in this report would provide for future demand.

 

During debate of the recommendations, points raised included:

 

               i.        Mr Callaghan expressed some concern that by expanding capacity at Catmose it could make it more difficult for Casterton to fill places;

              ii.        Mr Wilby, Portfolio Holder for Lifelong Learning, acknowledged the issues faced by Casterton College, but confirmed that the demand from Rutland pupils was for places in Oakham.  Consideration had also been given to schemes which could transport pupils to Casterton, but this leads to increased costs , so it was considered that the best place to increase capacity was Catmose; and

            iii.        Miss Waller confirmed that she would be supporting this recommendation as given the expansion of Oakham, the rules regarding catchment areas and the problems regarding increasing the provision of busses there seemed to be no alternative option.

 

RESOLVED

 

Council APPROVED the recommendation from Cabinet for the use of £1,950k of Basic Needs and targeted capital funding to support the further expansion of Secondary provision at Catmose College (Phase 3) to provide an additional 150 Secondary pupil places which will take the PAN to 1,200.

 

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In accordance with the provisions of Procedure Rule 11, paragraph 2 –

Recording of Votes – Mr Callaghan requested that his abstention from the vote on this resolution be recorded.

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476.

REPORTS FROM SCRUTINY COMMISSION / SCRUTINY PANELS

To receive the reports from the Scrutiny Commission / Scrutiny Panels on any matters and to receive questions and answers on any of those reports.

Minutes:

No reports were received.

477.

JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS

To receive reports about and receive questions and answers on the business of any joint arrangements or external organisations.

Minutes:

      i.        Mr Baines – Anglian (Northern) Regional Flood Defence Committee

Attended meeting on 2 October 2016 which was useful and allowed information to be passed to an RCC Officer in order to avoid duplication.

    ii.        Mr Baines – Rural Community Council (Leics and Rutland)

Attended meeting on 14 September 2016 and 16 November 2016.  It had been identified that there was some confusion regarding the distinction between the services provided by Spire and the Rural Community Council.

   iii.        Mr Baines – Welland Pilot Scheme

Attended meetings on 26 September 2016 and 18 November 2016 and Mr Baines would be willing to brief any members with a Ward interest in the Welland river system or an interest in the work of this group.  Projects which arise from the point of view of flood defence, habitat and water quality may be able to benefit from Community Infrastucture Levy funds, but they would need to be put on the list.

   iv.        Mr Baines – The George Phillips Awards

This event was taking place on Thursday 12 January 2016 at Oakham Castle to reward good architecture in the County.

    v.        Mr Bool – Combined Fire Authority

There had been a house fire in Cottesmore in the previous week which regretfully involved a fatality.  Mr Bool had contacted the Ward members, along with the Chief Executive and the Acting Leader to inform of the incident.  A full enquiry would be carried out and a further update would be provided to Members in due course.  Mr Bool confirmed that the Fire Service can be contacted to provide advice and guidance to any vulnerable member of the community.

   vi.        Mr Conde – Leicester, Leicestershire and Rutland Joint Health Scrutiny Panels

Mr Conde and Miss Waller had attended a meeting of the Joint Scrutiny Panel to discuss the Congenital Heart Disease Unit at Glenfield and were due to attend a further meeting on the same subject on 1 February 2017.  Another joint meeting had also been attended by Mr Conde and Miss Waller to discuss the Sustainability and Transformation Programme.  Mr Conde had found these Joint Scrutiny Panels informative and a valuable way of sharing thoughts, experiences and concerns.

Mr Conde also made Members aware of a meeting on Friday 13 January 2017, where Domiciliary Care Service Users had been invited to provide feedback on the service they receive, any Members wishing to attend would be most welcome.

  vii.        Mr Oxley – Trustees of Cory Environmental Trust

Cory had now been taken over by Biffa, a meeting was being arranged with the other trustees in order to assess the ramifications of that and Mr Oxley would report back in due course.

viii.        Mrs Stephenson

There would be an Uppingham Winter Musical Safari on 4th February 2017, 3.30pm – 7.30pm.  This would be a live music event held in conjunction with Uppingham Town Partnership and the High Sheriff of Rutland.

   ix.        Mr Foster – Armed Forces Champion

Attended the Armed Forces Covenant Conference on 29th November  ...  view the full minutes text for item 477.

478.

NOTICES OF MOTION

To consider any Notices of Motion submitted by Members of the Council in accordance with Procedure Rule 34 in the order in which they are recorded as having been received.

Minutes:

No motions were received.

479.

COMMUNITY GOVERNANCE REVIEW OF BARLEYTHORPE AND OAKHAM NORTH WEST - FINAL RECOMMENDATIONS pdf icon PDF 91 KB

To receive Report No. 2/2017 from the Director for Resources.

Additional documents:

Minutes:

Report No. 2/2017 from the Director for Resources was received, the purpose of which was to obtain approval for the final recommendations and reorganisation in order to give effect to the findings of the Community Governance Review.

 

Mrs Mogg gave a brief introduction.

 

Mr Gale proposed the recommendations in the report.  Mr Mathias seconded the recommendations.

 

During debate the following points were raised:

 

      i.        The budget for the Clerks remuneration included provision for pension contributions;

    ii.        The street lighting costs were low this year as many of the roads on the new development had not yet been adopted.  In future years the costs for street lighting are likely to increase as responsibility for this passes from the Developer to the Parish; and

   iii.        Mr Gale confirmed that there had been active representation from both the old and new village and he supported the way in which this review had progressed.

 

RESOLVED

 

1)        Council APPROVED the final recommendations for the Community Governance Review of Barleythorpe and Oakham North West (Appendix A to Report No. 2/2017)

 

2)        Council DELEGATED the making and approval of  the Rutland County Council (Reorganisation of Community Governance) Order 2017 (Draft attached at Appendix B) to the Electoral Registration Officer in consultation with the Leader of the Council; and

 

3)          Council AUTHORISED the Director for Resources, in consultation with the Leader to set the precept for the new Parish of Barleythorpe in accordance with para.4 of this report and approves that those funds be transferred to the interim Council once it has been appointed in April 2017.

 

480.

POLITICAL BALANCE pdf icon PDF 70 KB

To receive Report No. 11/2017 from the Director for Resources.

Additional documents:

Minutes:

Report No. 11/2017 from the Director for Resources was received, the purpose of which was to review the political balance of Committees and Panels in accordance with Section 15 of the Local Government and Housing Act 1989 and Regulations made thereunder, following the notification to the Chief Executive of a change of political groups within Rutland County Council.

 

Mrs Mogg, Director for Resources, gave a brief introduction.

 

Mr Mathias proposed the recommendations in the report.  Mr Clifton seconded the recommendations.

 

During debate the following points were raised:

 

      i.        Mr Gale expressed that he felt that this report did not treat all councillors the same and disadvantaged the two members that chose not to be part of a political group; and

    ii.        The rules relating to councillors who were part of a political group were laid out in legislation.

 

RESOLVED

 

1)    Council AGREED to the number of seats being increased by one to 82, to take account of a proposed increase in the membership of the Audit and Risk Committee;

 

2)    Council APPROVED the revised political balance calculation and allocation of seats to Political Groups contained within this report; AND

 

3)    Council APPROVED the Committee and Panel membership set out in Appendix A to Report No. 11/2017.

 

--o0o--

In accordance with the provisions of Procedure Rule 11, paragraph 2 –

Recording of Votes – Mr Gale requested that his votes against the above

resolution be recorded.

--o0o--

 

 

 

481.

APPOINTMENT OF EXTERNAL AUDITOR pdf icon PDF 105 KB

To receive Report No. 7/2017 from the Director for Resources.

Minutes:

Report No. 7/2017 was received from the Director for Resources, the purpose of which was to ask Council to consider the options for appointing the external auditor and recommend a way forward.

 

Mr Mathias, Acting Leader, provided a short introduction which clarified that Council were being asked to consider the approval of Option One detailed at 4.2 of Report No. 7/2017.

 

Mr Mathias proposed the recommendations in the report.  Mr Foster seconded the recommendations.

 

During debate the following points were raised:

 

      i.        Option one was considered the most cost effective and efficient way forward; and

    ii.        If the Council were to carry out its own procurement, additional costs could be in the region of £10,000.

 

RESOLVED

 

That Council AGREED to opt in to the national sector-led arrangements and nominates Public Sector Audit Appointments Limited (PSAA), to appoint the external auditor on its behalf.

482.

PETITIONS GUIDANCE pdf icon PDF 64 KB

To receive Report 3/2017 from the Director for Resources.

Additional documents:

Minutes:

Report No. 3/2017 from the Director for Resources was received, the purpose of which was to seek approval for revised petitions guidance which would clarify the process regarding presenting petitions to the Council for members of the public.

 

A short introduction was provided by Mrs D Mogg, Director for Resources.

 

Mr Mathias proposed the recommendations in the report.  Mr Hemsley seconded the recommendations.

 

During debate the following points were raised:

 

      i.        It was common practice to require signatories of a petition to live, work or study in the area in order to qualify.  This requirement was not new it had been a part of the existing scheme, but had been made clearer;

    ii.        The Director for Resources would make decisions regarding vexatious or inappropriate petitions in conjunction with the Portfolio Holder and/or Legal where appropriate.  The Director for Resources, Mrs Mogg, confirmed that she would apply sensible judgment and look at the wider picture before making a decision;

   iii.        Guidance on presenting a petition to the Council, along with other ways in which the public can engage in meetings can be found on the website under the heading “Have Your Say” and this will be easily accessible on the new Corporate Website currently being developed;

   iv.        Members of the public were asked to contact Corporate Support as early as possible for advice on presenting petitions, but the timeframes for notice remained the same;

    v.        A Press Release would be issued to highlight the changes; and

   vi.        A summary of the number of people accessing the website and the types of information they are looking for is included as an annex to these minutes.

 

RESOLVED

 

Council APPROVED the Petitions Guidance (Appendix A of Report No. 3/2017) and AUTHORISED the Monitoring Officer to incorporate the guidance into the Council’s Constitution.

 

483.

ANY URGENT BUSINESS

To receive items of urgent business which have been previously notified to the person presiding.

Minutes:

No matters of urgent business were received.