To receive any apologies for absence from Members.

Apologies were received from Mr Clifton, Mr Cross and Mrs Stephenson.

To receive any announcements by the Chairman.

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

 

The Chairman welcomed the new Head of Legal and Governance, Mr Phil Horsfield.

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

The Leader thanked Members and Officers for their hard work throughout the last Municipal Year.

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 they might have in respect of items on the agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applied to them.

 

None were received.

 

--o0o--

The Chief Executive took the Chair for the next item.

--o0o--

 

The Chief Executive will invite nominations for office of Chairman of the Council for the Municipal Year 2018/19.

 

Upon election, the incoming Chairman of the Council will be invested with the Chairman’s Chain of Office by the outgoing Chairman.

 

The incoming Chairman will then take the Chairman’s Chair.

 

The Chairman of the Council may make a short speech of acceptance of office.

Nominations were invited for the office of the Chairman of the Council for the Municipal Year 2018/2019. A nomination was received from Mr Hemsley who proposed the election of Mr K A Bool as Chairman. This was seconded by Mr Begy.

 

No further nominations were received.

 

RESOLVED

 

That Mr K A Bool is elected Chairman of the Council for the Municipal Year 2018/19.

 

Mr Bool was invested with the Chairman’s Chain of Office.

 

Mr Bool made a short speech of acceptance of office and took the Chair.

 

 

 

 

The Chairman of the Council will invite nominations for the office of Vice-Chairman of the Council for the Municipal Year 2018/19.

 

Upon appointment, the outgoing Vice-Chairman will invest the incoming Vice-Chairman with the Chain of Office. The Chairman of the Council will then invite the Vice-Chairman to take the Vice-Chairman’s Chair. In the event of the Vice-Chairman being re-elected, the Vice-Chairman will retain the Chain of Office and remain seated.

 

The Vice-Chairman of the Council may make a short speech of acceptance of office.

Nominations were invited for the office of Vice-Chairman of the Council for the Municipal Year 2018/19. A nomination was received from Mr Hemsley who proposed the election of Mr J T Dale as Vice-Chairman. This was seconded by Mr Begy.

 

No further nominations were received.

 

RESOLVED

 

That Mr J T Dale be elected Vice-Chairman of the Council for the Municipal Year 2018/19.

 

--o0o--

Mr J Dale joined the meeting.

--o0o--

 

Mr Dale was invested with the Vice-chairman’s Chain of Office.

 

Mr Dale made a short speech of acceptance of office and thanked Members for electing him as Vice-Chairman.

 

 

 

To inform Council of the Cabinet membership, portfolios and scheme of delegation as set out in the documents below:

 

·       Part 9 – Register of Members of The Executive (Cabinet)

 

·       Cabinet Procedure Rules and Leaders Scheme of Delegation

 

The Leader announced that the Deputy Leader and Cabinet members would remain the same and therefore would be as follows;

 

 

Mr O Hemsley                   Leader and Portfolio Holder for Rutland One Public Estate & Growth, Tourism & Economic Development, Resources (other than Finance and Communications)

 

Mr N Begy                         Deputy Leader and Portfolio Holder for Planning Policy & Planning Operations, Highways & Transportation and Communications

 

Mr G Brown                       Portfolio Holder for Regulatory Services, Waste Management, Property Services, Culture & Leisure, Finance including Revenues & Benefits and Internal Audit

 

Mr A Walters                     Portfolio Holder for Safeguarding – Adults, Public Health, Health Commissioning, Community Safety & Road Safety

 

Mr R Foster                       Portfolio Holder for Safeguarding – Children & Young People, Armed Forces Champion

 

Mr D Wilby                        Portfolio Holder for Lifelong Learning, Early Years,      Special Educational Needs & Disabilities, Inclusion

 

 

The leader was also required to inform Council how decisions would be taken by the Executive and that the current practice, of decisions taken collectively by Cabinet, would be maintained at present.

 

 

To receive Report No. 90/2018 from the Director for Resources.

Report No. 90/2018 from the Director for Resources was received.

 

Mrs D Mogg, Director for Resources, introduced the report and noted that the report had been prepared in full consultation with Group Leaders and other Members.

 

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

 

During debate the following points were raised:

 

1. With reference to the recommendations that all Chairs receive appropriate training, Miss Waller highlighted that training should be specific and tailored to particular types of Committee.  The Leader confirmed that this was the intention.

 

RESOLVED

 

1.    To APPOINT the Scrutiny Panels and Standing Committees as set out at paragraph 2 of Report No. 90/2018 for the Municipal Year 2018/19.

 

2.    To AGREE the terms of reference and number of voting places on Scrutiny Panels and Committees as detailed at paragraph 2 of Report No. 90/2018 for the Municipal Year 2018/19.

3.    To APPROVE the political balance calculation as per paragraph 3.3 of Report No. 90/2018.

4.    To APPROVE the allocation of seats to Political Groups shown at paragraph 3.4 and notes the membership of each committee as set out in revised Appendix 1 of Report No. 90/2018 (Appended to these minutes).

5.    To APPOINT non-aligned members to the remaining seats on Committees and Scrutiny Panels as set out at paragraph 3.4 and revised Appendix 1 of Report No. 90/2018 (Appended to these minutes).

6.    To APPROVE that non-aligned members may substitute for other non-aligned members and Procedure Rule 20 of the Constitution be updated accordingly.

7.    To APPROVE a mandatory requirement that all members appointed as Chairman of Committees and/or Scrutiny Panels attend appropriate training in chairing skills.

 

Scrutiny Panels

 

The Council is requested to appoint Chairman to each of the following Scrutiny Panels for the Municipal Year 2018/19:

 

i.      Adults and Health Scrutiny Panel

ii.     Children and Young People Scrutiny Panel

iii.    Growth, Infrastructure and Resources Scrutiny Panel

 

Scrutiny Commission

 

The Council is requested to appoint the Chairman of the Scrutiny Commission

from one of the three Chairmen of the Scrutiny Panels appointed above.

 

In accordance with the provisions of Procedure Rule 192, the Chairmen of the

Scrutiny Panels listed above will be automatically appointed to the Scrutiny

Commission for the period of their office

The Council was requested to appoint members to the Chairmanship of Scrutiny Panels for the Municipal Year 2018/19.

 

1. Adults and Health Scrutiny Panel

 

A nomination was received from Mr Conde who proposed the appointment of Mrs L Stephenson as Chairman of Adults and Health Scrutiny Panel.  This was seconded by Mr Foster.

 

No further nominations were received.

 

RESOLVED

 

Mrs L Stephenson was appointed Chairman of Adults and Health Scrutiny Panel for the Municipal Year 2018/19.

 

2. Children and Young People Scrutiny Panel

 

A nomination was received from Mr Hemsley who proposed the appointment of Ms R Burkitt as Chairman of Children and Young People Scrutiny Panel.  This was seconded by Mr Foster.

 

A further nomination was received from Mr Oxley who proposed the appointment of Miss G Waller as Chairman of Children and Young People Scrutiny Panel.  This was seconded by Mr Parsons.

 

Ms Burkitt was invited to give a short speech regarding her previous experience and suitability for this role.

 

Miss Waller was invited to give a short speech regarding her previous experience and suitability for this role.

 

RESOLVED

 

Ms R Burkitt was appointed Chairman of Children and Young People Scrutiny Panel for the Municipal Year 2018/19.

 

3. Growth, Infrastructure and Resources Scrutiny Panel

 

A nomination was received from Mr Oxley who proposed the appointment of Mr B Callaghan as Chairman of Growth, Infrastructure and Resources Scrutiny Panel.  This was seconded by Mr Begy.

 

RESOLVED

 

Mr B Callaghan was appointed Chairman of Growth, Infrastructure and Resources Scrutiny Panel for the Municipal Year 2018/19.

 

Scrutiny Commission

 

In accordance with Procedure Rule 192, the Chairmen of the Scrutiny Panels listed above would be automatically appointed to the Scrutiny Commission for the period of their office.

 

The Council was requested to appoint the Chairman of the Scrutiny Commission from one of the three Chairman of Scrutiny Panels.

 

RESOLVED

 

Council appointed Mrs L Stephenson as Chairman of the Scrutiny Commission for the Municipal Year 2018/19.

 

To appoint Elected Members (other than those appointed to the Cabinet and

the Chairmanship of Scrutiny Panels) to each of the following Scrutiny Panels

for the Municipal Year 2018/19:-

 

Adults and Health Scrutiny Panel                                                     6 Places

Children and Young People Scrutiny Panel                           6 Places

Growth, Infrastructure and Resources Scrutiny Panel           6 Places

The Chairman noted that the appointment of members to Scrutiny Panels had already taken place at Item 8 following Council’s approval of revised Appendix 1 of Report 90/2018 appended to these minutes.

To agree the Scheme of Delegation as set out in Part 3 and Part 8 of the Constitution.

Report No. 87/2018 was received from the Director for Resources the purpose of which was for Council to confirm the Scheme of Delegation in Part 3 of the RCC Constitution and amendments to Part 8 following staffing/structural and legislative changes.  Council were also being asked to consider removal of the referral process for planning decisions under Procedure Rule 110 of the RCC Constitution.

 

Mr Hemsley prosed the recommendations in the report.  Mr Stewart seconded the recommendations.

 

During debate the following points were raised:

 

1. Mr Conde did not agree that the referral process should be removed, but that there should still be the option of referring to Full Council in certain cases where the application was contentious, there was a small majority, or the Chairman had used his casting vote.
2. Miss Waller confirmed that the Constitutional Review Working Group had discussed this at length and had concluded that there should not be an additional right of appeal.  There was a statutory route of appeal open to applicants should they be unhappy with a decision of the Planning Authority.  Also there should be trust in the 10 members of the Committee to come to the right decision.
3. Mr Horsfield, Head of Legal and Governance, confirmed that legislation required only a simple majority and that to require a supermajority would be unlawful.

 

Mr Conde proposed an amendment to recommendation 3) of Report No. 87/2018 as below:

 

Proposals regarding the removal/revision of Procedure Rule 110 be re-considered by the Constitution Review Working Group and recommendations be brought back to Council for approval.

 

Mr Brown seconded the amendment.

 

Council voted on the amendment which was CARRIED and became the substantive motion to be debated.

 

RESOLVED

 

1)          To CONFIRM the Scheme of Delegation as set out in Part 3 of the Constitution.

 

2)          To APPROVE the amendments to Part 8 of the Constitution (Appendix A) as set out in Section 3.2 and 3.3 of the report;

 

3)          To AGREE that proposals regarding the removal/revision of Procedure Rule 110 be re-considered by the Constitution Review Working Group and recommendations be brought back to Council for approval.

 

4)          To AUTHORISE the Monitoring Officer to incorporate the revisions and changes above into the Council’s Constitution

a)  To elect the Chairman and Vice-Chairman of the following Standing Committees of the Council:

 

i. Audit and Risk Committee

ii. Conduct Committee

iii. Planning and Licensing Committee

iv. Employment and Appeals Committee

 

To note that the Chairperson of the Health and Wellbeing Board will be the Portfolio Holder with responsibility for Health as set out in its Terms of Reference.

The Council was requested to appoint members to the Chairmanship and Vice Chairmanship of the Standing Committees of the Council.

 

a)              

 

1. Audit and Risk Committee

 

Chairman

 

A nomination was received from Mr Conde who proposed the appointment of Miss G Waller as Chairman of Audit and Risk Committee.  This was seconded by Mr Lammie.

 

No further nominations were received.

 

RESOLVED

 

Miss G Waller was appointed Chairman of Audit and Risk Committee for the Municipal Year 2018/19.

 

Vice Chairman

 

A nomination was received from Mr Brown who proposed the appointment of Mr J Lammie as Vice Chairman of Audit and Risk Committee.  This was seconded by Mr Conde.

 

No further nominations were received.

 

RESOLVED

 

Mr J Lammie was appointed Vice Chairman of Audit and Risk Committee for the Municipal Year 2018/19.

 

2. Conduct Committee

 

Chairman

 

A nomination was received from Mr Baines who proposed the appointment of Mr A Stewart as Chairman of Conduct Committee.  This was seconded by Mr Conde.

 

No further nominations were received.

 

RESOLVED

 

Mr A Stewart was appointed Chairman of Conduct Committee for the Municipal Year 2018/19.

 

Vice Chairman

 

There were no nominations for Vice Chairman of Conduct Committee.  This role would not be appointed at this time.

 

3. Planning and Licensing Committee

 

Chairman

 

A nomination was received from Mr Stewart who proposed the appointment of Mr M E Baines as Chairman of Planning and Licensing Committee.  This was seconded by Mr Lammie.

 

A further nomination was received from Miss G Waller who proposed the appointment of Mr M Oxley as Chairman of Planning and Licensing Committee.  This was seconded by Mr Parsons.

 

Mr Baines was invited to give a short speech regarding his previous experience and suitability for this role.

 

Mr Oxley was invited to give a short speech regarding his previous experience and suitability for this role.

 

RESOLVED

 

Mr M E Baines was appointed Chairman of Planning and Licensing Committee for the Municipal Year 2018/19.

 

Vice Chairman

 

A nomination was received from Mr Foster who proposed the appointment of Mr A Stewart as Vice Chairman of Planning and Licensing Committee.  This was seconded by Mr Hemsley.

 

No further nominations were received.

 

RESOLVED

 

Mr A Stewart was appointed Vice Chairman of Planning and Licensing Committee for the Municipal Year 2018/19.

 

4. Employment and Appeals Committee

 

Chairman

 

A nomination was received from Mr Hemsley who proposed the appointment of Mr K A Bool as Chairman of Employment and Appeals Committee.  This was seconded by Mr Begy.

 

No further nominations were received.

 

RESOLVED

 

Mr K A Bool was appointed Chairman of Employment and Appeals Committee for the Municipal Year 2018/19.

 

Vice Chairman

 

A nomination was received from Mr Hemsley who proposed the appointment of Miss G Waller as Vice Chairman of Employment and Appeals Committee.  This was seconded by Mr Bool.

 

No Further nominations were received.

 

RESOLVED

 

Miss G Waller was appointed Vice Chairman of Employment and Appeals Committee for the Municipal Year 2018/19.

 

b)      Council noted that the Chairperson of the Health and Wellbeing Board will be the Portfolio Holder  ...  view the full minutes text for item 12.

a)     To appoint the remaining Members of the following Standing

Committees of the Council assuming both a Chairman and Vice-Chairman

have been elected in (12) above:-

 

i.      Audit and Risk Committee                                 5 Places

ii.     Conduct Committee                                4 Places

iii.    Planning and Licensing Committee        8 Places

iv.   Employment and Appeals Committee    5 Places

 

b)     To appoint an additional elected member of Rutland County Council to

the Health and Well Being Board in accordance with its Terms of

Reference.

a)    The Chairman noted that the appointment of members to Standing Committees had already taken place at Item 8 following Council’s approval of revised Appendix 1 of Report 90/2018 appended to these minutes.

 

b)    Council were asked to appoint an additional elected member of Rutland County Council to the Rutland Health and Wellbeing Board in accordance with its Terms of Reference.

 

A nomination was received from Mr Hemsley who proposed the appointment of Mr Conde to the Rutland Health and Wellbeing Board.  This was seconded by Mr Walters.

 

No Further nominations were received.

 

RESOLVED

 

Mr Conde was appointed as the additional elected member of Rutland County Council to the Rutland Health and Wellbeing Board.

 

To receive Report No. 84/2018 from the Director for Resources.

 

Report No.84/2018 was received from the Director for Resources the purpose of which was for Council to agree the date and time of ordinary meetings of Council (and its Committees) for the coming Municipal Year.

 

The recommendations in the report were proposed by Mr Hemsley.  The recommendations were seconded by Mr Foster.

 

During debate the following points were raised:

 

1. Miss Waller requested an additional Audit and Risk meeting be added in order to accommodate the wishes of the Committee expressed at the last meeting and to ensure that all items of business could be dealt with without the need for excessively long meetings;

 

Miss Waller proposed an amendment that the number of Audit and Risk Meetings be amended from Quarterly to 5 meetings per Municipal Year.  Mr Conde seconded the amendment.

 

Council voted on the amendment which was CARRIED.

 

2. Miss Waller requested that the dates for SACRE be amended so that they do not fall in the Rutland School holidays.  It was confirmed that as these were not statutory meetings, these could be amended in consultation with the Chair outside of the meeting.

 

RESOLVED

 

To APPROVE the programme of meetings 2018/19 subject to the addition of one additional Audit and Risk meeting and the revisions to SACRE meetings noted above, as set out in revised Appendix A to Report No. 84/2018 appended to these minutes.

 

 

To receive Report No. 85/2018 from the Director for Resources.

Report No. 85/2018 was received from the Director for Resources the purpose of which was to approve those appointments that must be appointed to by Full Council (Appendix A - Revised) and note those that are allocated according to a Member’s role or Ward (Appendix B).

 

The recommendations in the report were proposed by Mr Hemsley.  The recommendations were seconded by Mr Begy.

 

During debate the following points were raised:

 

1. Mr Hemsley confirmed that it would be Mr Brown to be appointed to the Leicestershire and Rutland Playing Field Association Executive Committee, not Mr Walters as had been noted;
2. Miss Waller advised that she would not be able to continue in her role on the Rutland Access Group due to other commitments.  Mr Lowe confirmed he would take the place on the Rutland Access Group; and
3. Mr Lammie advised that he would not be able to continue in his role as alternate for Rutland Access Group due to other commitments.

 

RESOLVED

 

1)    To APPROVE the appointments to Outside Bodies, Working Groups and Fora detailed in revised Appendix A to Report 85/2018 appended to these minutes.

2)    To NOTE the appointments to Outside Organisation, Working Groups and Fora automatically designated by role/ward member in Appendix B of Report No. 85/2018.

 

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

No questions had been submitted from Members of the Council.

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.

There were no notices of motion.

To consider any matters referred to Council by Members which in the opinion of the Chief Executive cannot wait until the next scheduled meeting of the Council to be determined.

No matters had been referred.