To receive any apologies for absence from Members.

Apologies were received from Mr Dale.

To receive any announcements by the Chairman.

The Chairman announced that the list of engagements had been circulated.

The Chair requested that Members join him in one minute’s silence in memory of the late Sir Michael Latham (former Rutland and Melton Member of Parliament).  A funeral service would be held on Monday 20 November in Gretton.

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

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

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.

Members were invited to declare any disclosable interests under the Code of Conduct and the nature of those interests and/or indicate if Section 106 of the Local Government Finance Act 1992 applied to them.

No declarations of interest were received.

To confirm the Minutes of the 266^th meeting of the Rutland County Council District Council held on 9 October 2017.

The minutes of the 266th meeting of the Rutland County Council District Council held on 9th October 2017 were confirmed by the Council and signed by the Chairman.

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.

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

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

There were no questions from members of the Council.

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.

No call-ins were received.

To receive Report No. 198/2017 from the Cabinet on recommendations referred to the Council for determination and to note the Key Decisions taken at its meetings held on 10 October 2017 and 17 October 2017.

Report No. 198/2017 from the Cabinet was received, the purpose of which was to consider the recommendations of Cabinet referred to Council for determination and report the Key Decisions made by Cabinet since the publication of the agenda for the previous ordinary meeting of the Council on 9 October 2017.

1)    Council NOTED the Key Decisions made since the publication of the agenda for the previous ordinary meeting of the Council on 9 October 2017, as detailed in Appendix A to Report No.198/2017.

2)    17 October 2017

Decision No. 350

Report No. 165/2017

TECHNICAL REFORM OF COUNCIL TAX REVIEW

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

During his introduction Mr Hemsley confirmed that the main objective was to identify areas where it was possible to maximise income in order to avoid the need to reduce services.  The changes proposed were aimed at reducing empty homes and the negative impact of empty properties and ensuring that Council Tax liability was applied in an equitable way.  The changes proposed could yield nearly £250,000 for the authority.

During debate of the recommendations the following points were raised:

         i.      Miss Waller requested confirmation that although she owned rental properties, these were not currently empty, would this constitute a financial interest and prevent her from voting on this item.  The Monitoring Officer confirmed that Miss Waller could vote on this item;

        ii.      Mr Mathias confirmed that this item had been discussed at the Growth, Infrastructure and Resources Scrutiny Panel following a query from Mr Cross regarding the opportunity to scrutinise the recommendations;

       iii.      Mr Callaghan raised the issue that the effect of the changes would result in people paying the full amount for services for which they were not receiving the benefit of (For example bins do not need to be emptied if the property is empty); and

      iv.      MrConde highlighted that the changes were very much in line with other authorities and that it may encourage the release of property to increase housing stock.

RESOLVED

1.    To APPROVE the following Recommendations from Cabinet:

i)    that the discount for uninhabitable homes be removed and full Council Tax charged from 1^st April 2018.

ii)   that the discounts for empty homes be removed and full Council Tax charged from 1^st April 2018.

iii)that the premium for long term empty homes be set at 50% from 1^st April 2018.

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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.

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

No reports were received.

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

1. Mr Baines – Rural Community Council

Attended the Awards and an ordinary meeting.  Mr Baines expressed that it would be nice to see more nominees from Rutland for the awards.  Highlighted that Heritage Funding would cease in April 2018 and that it would be disappointing to see the expertise that had built up disappear in Rutland.

2. Mr Baines – Welland Partnership

Meeting attended, there was still a need to get riparian landowners/occupants involved and Mr Baines had been speaking to the Environment Agency and NFU and was hoping to be able to report some movement in next 3-6 months.

3. MrConde – Rutland Fair Trade Steering Group

The next few months would see more widespread fundraising activities and Mr Conde hoped that Members would support these.  Mr Conde hoped that the provision of fair trade products in the Council would return and would appreciate a discussion with the RCC officer responsible for this area.  Mr Conde would also be speaking to Sir Alan Duncan regarding the promotion of Rutland as a Fairtrade County using the signage at County borders.

The Chief Executive, Mrs Briggs, confirmed that Fairtrade coffee was available at the Council for an honesty contribution.  Mr Andrew Edwards was the responsible officer and Mrs Briggs would raise this with him.

4. Miss G Waller – Rutland Access Group

Meeting attended on 11 October which was well supported by RCC Officers from the People and Places Directorates.  Members of the group were reassured by information given regarding the support provided in order to assist the elderly to remain in their own homes.  Members of the group had also expressed that further consideration be given to the needs of disabled residents when the Green Waste policy was next reviewed.  Also, as the Rutland One Public Estate project and St Georges Barracks development progressed that the opportunity would be taken to seek the views of disabled members of the community, particularly with regard to access to any new leisure facilities.

5. Miss G Waller – South Lincolnshire and Rutland Local Access Forum

Latest meeting included discussion on the restrictions on walking around Eyebrook Reservoir, due to insurance issues this would only be open to organised groups from Mid-November.   Choice Unlimited was an event which showcased information and services and products for disabled people, to facilitate independent living.  It was successfully held in October this year and next years’ event was currently being planned, Miss Waller would inform members once a date had been set.  Rutland Members of the Access Forum has met as a subgroup to focus on Rutland specific areas.  Confirmation was given regarding the membership of the Forum which included elected members, landowners and users of rights of ways amongst others and the forum operated under statutory requirements.

6. Mr R Foster – Charity of Carlton Hayes hospital

Mr Foster reminded members that there was approximately £200,000 allocated by the charity each year to organisations across Leicester, Leicestershire and Rutland which were involved in mental health support and services.  In the last  ...  view the full minutes text for item 370.

To receive Report No.196/2017 from the Monitoring Officer.

Report No. 196/2017 was received from the Monitoring Officer, the purpose of which was to obtain approval for extending the end date of the appointment of Mr Gordon Grimes and Mr Ian Shatford as Independent Persons to 1 May 2019.

Mrs Mogg, Director for Resources and Monitoring Officer, gave a brief introduction to the report highlighting that the appointment of at least one independent person was a statutory requirement under the Localism Act 2011 and that it had been practice to appoint two independent persons at Rutland in order to maintain resilience in this area. 

Mr Stewart moved the recommendations and Mr Mathias seconded the recommendations.

During debate of the recommendations, points raised included:

1. Mr Gale requested clarification as to whether there had been a recent recruitment exercise.  Mrs Mogg confirmed that historically it had been difficult to recruit to these appointments and that the current arrangements were working well.  It seemed appropriate to extend the existing appointments until the end of the current council and the Conduct Committee may want to consider the future recruitment of Independent Persons nearer to that time.

RESOLVED

To APPROVE the extension of Mr Gordon Grimes’ and Mr Ian Shatford’s appointments as Independent Persons to 1 May 2018.

To receive Report No. 206/2017 from the Director for Resources.

Report No. 206/2017 was received from the Director for Resources, the purpose of which was to consider the timing and scope of a review of Members’ Allowances.

Mrs Mogg, Director for Resources and Monitoring Officer, gave a brief introduction to the report highlighting that the last time Council had considered Members Allowances, no decision had been taken as to when the next review should take place.  Should Council decide to approve the recommendations in the report, they were simply committing to undertake a review, the decision on whether to accept the recommendations of the independent remuneration panel would be the subject of a further report which would be brought before Council for decision.  The level of allowances may be a factor in attracting new Councillors to the role and so it was considered appropriate to undertake the review in advance of the Council elections in 2019.

Mr Mathias moved the recommendations in the report and Mr Hemsley seconded the recommendations.

During debate of the recommendations points raised included:

1. Mr Clifton expressed that it was only worthwhile paying for the review if the recommendations of the panel were to be given serious consideration.  Something should be done to encourage younger Councillors to the role;
2. Miss Waller confirmed that there had been several changes to members since the last review and that a review now may be considered differently by members;
3. MrConde requested clarification on paragraph 2.8 of the report that there would definitely be a workshop for all members to hear about the panel’s role and how the review would take place.  Mrs Mogg confirmed that this was standard practice and would be arranged; and
4. MrBool highlighted that any increase in allowances may encourage people to stand at the next election and reminded members that they could take the decision not to receive their allowance should they so wish.

RESOLVED

1)    To APPROVE that the Welland Remuneration Panel is commissioned to undertake an independent review of Members’ Allowances as per the terms of reference at Appendix A of Report No. 206/2017; and

2)    To APPROVE a budget of £2,000 in 2018/19, to be funded from the general fund, for the cost of the review.

To receive Report No. 200/2017 from the Monitoring Officer.

Report No. 200/2017 was received from the Monitoring Officer, the purpose of which was to approve the amendment of the constitution in order to clarify rules regarding speaking at Full Council in relation to referrals under Procedure Rule 110 and approve updates to the Public Speaking Scheme.

Mrs Mogg, Director for Resources and Monitoring Officer, gave a brief introduction highlighting the need to clarify the rules so there was a clear distinction between rules on public speaking where a planning application had been referred to Council and rules on public speaking where the planning application had not previously been heard by the Planning and Licensing Committee.  A small amendment was also required in order to clarify the rules regarding inappropriate language and/or behaviour and the right of the Chair to order a member of the public be excluded from the meeting.

Mr Mathias moved the recommendations in the report and Mr Stewart seconded the recommendations.

During debate of the recommendations points raised included:

1. MrConde asked for clarification regarding the powers of the Chair in removing a person from the meeting for unacceptable behaviour.  Mrs Mogg confirmed that procedure rules in the RCC Constitution do allow for a member of the public to be requested to leave a meeting for unacceptable language and/or behaviour and highlighted the importance of the Chair working together with the Clerk to deal with these sorts of situations in the most appropriate way;
2. MrBool added that the Chairman of a meeting may also adjourn the meeting in order to allow the situation to calm down, but that it was difficult to write rules which would cover every eventuality; and
3. Mr Baines confirmed that this type of occurrence was actually quite rare and that the Chairman would always need to use his/her judgment to react in the most appropriate way having regard to the powers at his disposal under the rules.

RESOLVED

1)    To APPROVE the amendment of Procedure Rule 28 (4)(a) of the RCC Constitution as detailed in Appendix A of Report No. 200/2017; and

2)    To APPROVE the amendment of the RCC Public Speaking Scheme as detailed at para. 2.4 of Report No. 200/2017.

Council is recommended to determine whether the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the Access to Information provisions of Procedure Rule 239, as the following item of business is likely to involve the disclosure of exempt information as defined in Paragraph 3 and 4 of Part 1 of Schedule 12A of the Act.

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Paragraph 4:  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Council was recommended to determine whether the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the Access to Information provisions of Procedure Rule 239, as the following item of business was likely to involve the disclosure of exempt information as defined in Paragraph 3 and 4 of Part 1 of Schedule 12A of the Act.

RESOLVED

That the public and press be excluded from the meeting in accordance with paragraph 3 and 4 of Part 1 of Schedule 12A to the Local Government Act 1972.

(Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Paragraph 4 - Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.)

To receive Report No. 194/2017 from the Chief Executive.

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After debate and voting on this item the Council APPROVED that the meeting returned to public session

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

No matters of urgent business were received.