A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Council and councillors

Agenda and minutes

Venue: Council Chamber, Catmose, Oakham, Rutland, LE15 6HP - The audio of the meeting can be listended to at https://us06web.zoom.us/j/92167725428

Contact: Governance  Email: governance@rutland.gov.uk

Media

Items
No. Item

1.

APOLOGIES

Minutes:

Apologies for absence were received from Councillors P Browne, W Cross, S Harvey and A Walters.

 

2.

CHAIRMAN'S ANNOUNCEMENTS

Minutes:

The Chairman advised that he has attended the Nine Lessons & Carol Service, All Saints’ Church Oakham since the last the meeting of the Council, the Chairman advised that the Mayor of Hinckley & Bosworth’s reception and Panto had been cancelled.

3.

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

4.

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:

5.

MINUTES OF PREVIOUS MEETING pdf icon PDF 247 KB

To confirm the Minutes of the 235th meeting of the Rutland County Council District Council held on 13 December 2021.

Minutes:

Consideration was given the minutes of the meetings held on 13 December 2021.

 

RESOLVED

 

That the minutes of the meetings held on 13 December 2021 be APPROVED.

 

6.

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.

7.

QUESTIONS FROM MEMBERS OF THE COUNCIL pdf icon PDF 110 KB

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

Minutes:

Councillor A Brown presented his question as set out in the agenda supplement.

 

The Chairman invited Councillor L Stephenson to respond which was as follows:

 

“We will be commencing work on our electric charging policy this year, and this will set out our approach for delivery of electric charging points within the county. As part of this process, we will be considering the need for residential charging for households without off street parking.  We will undertake a public consultation on this document when we have completed.

 

The installation of charging points for households without off street parking will be covered in the electric charging policy. The lack of regulations/by-laws may restrict how far the Council can go in the requirements that it can make, however there are general health and safety considerations.  If cables crossed a highway/footpath it could create a hazard and/or cause an obstruction.  If anyone were to route cables across public footpaths to charge their vehicle, there would be a risk of a claim of liability if an accident occurred. It is likely that this will be an emerging area for policy development nationally and we will monitor the position carefully.

 

The Electric Vehicle Homecharge Scheme (EVHS) is a grant that provides a 75% contribution to the cost of a charge point and its installation. The EVHS will not be available to homeowners who live in single unit properties after 31st March 2022 and the installation must be complete by 31 March 2022 and a claim submitted to DVLA by 30 April 2022”.

 

Further information can be found here, Electric Vehicle Homecharge Scheme: guidance for customers - GOV.UK (www.gov.uk)

 

The following supplementary question was asked by Councillor A Brown:

 

“Councillor Stephenson are you aware of the Government guidance for the On-Street Residential ChargePoint Scheme for Local Authorities and what is your view on cable protectors”.

 

In response to Councillor Brown’s supplementary regarding government guidance for the On-Street Residential ChargePoint Scheme for Local Authorities and views on cable protectors;

Councillor Stephenson reminded Council that Officers could provide advice on the legalities but her personal view would be that it was important to meet the demand for electric charging vehicles, but Highway’s safety was paramount.

 

Councillor R Powell presented her question as set out in the agenda supplement.

 

The Chairman invited the Leader of the Council to respond which was as follows:

 

“As Members are aware Council approved the establishment of a Cross Party group with representation from the Group Leaders to provide oversight to the preparation of the Local Plan and engage with elected Members throughout the plan making process.

 

The first stage would be to look at the issues and options and the Group Leaders and Deputy Members had all received training on the process. These options would be looked at by the Group Leaders and would then be open for discussion. As outlined in the Constitution a full report would be taken at the 5 April Cabinet meeting seeking approval. Prior to this there was scope  ...  view the full minutes text for item 7.

8.

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:

There had been no referral of committee decisions to Council.

 

9.

CALL-IN OF DECISIONS FROM CABINET MEETINGS DURING THE PERIOD FROM 13 DECEMBER to 24 JANUARY (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:

There had been no call-in of decisions from Cabinet meetings.

 

10.

REPORT FROM THE CABINET pdf icon PDF 334 KB

To receive Report No. 20/2022 from the Cabinet on recommendations referred to the Council for determination.

 

Report No. 178/2021– Children and Young People’s Plan 2022-25, and the Children and Young People’s Strategy 2022-25.  

Additional documents:

Minutes:

Report No. 178/2021 was received from the Cabinet. Councillor D Wilby introduced the report which requested that Council approved the recommendation from Cabinet on the 21 December 2021 to approve the Children and Young People’s Plan 2022-25, and Children and the Young People’s Strategy 2022-25.

 

Following a question from a Member, Councillor Wilby confirmed that the report was aimed at all children and that the Strategy and Plan were Rutland County Council’s and bets practice was taken from partnership bodies.  The Monitoring Officer confirmed that a query regarding the legal status of Designated Special Provision as a mainstream setting would be answered outside of the meeting,

 

It was moved by Councillor Wilby that Council approved the contents of the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

APPROVED the Children and Young People’s Plan 2022-25, and Children and the Young People’s Strategy 2022-25.

 

11.

REPORTS FROM COMMITTEES OF THE COUNCIL

1)    To receive reports from Committees on matters which require Council approval because the Committee does not have the delegated authority to act on the Council’s behalf.

2)    To receive reports from Council Committees on any other matters and to receive questions and answers on any of those reports.

Minutes:

There were no reports from Committees of the Council.

 

12.

REPORTS FROM SCRUTINY COMMISSION / SCRUTINY COMMITTEES pdf icon PDF 169 KB

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

Minutes:

A report from Councillor G Waller as Chair of the Adults and Health Scrutiny Committee was received and noted.

 

Councillor Waller highlighted concerns from residents and Scrutiny at the meeting on 9 December in relation to Lakeside Healthcare in Stamford and its poor performance in its last two CQC inspections. At the next meeting of the Adults and Health Scrutiny a representative from the GP Practice and from the Patient Participation Group would be in attendance to discuss the improvement plan and the views of the patients.

 

13.

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:

Councillor E Baines updated the Council on the upcoming meeting of the Anglian (Northern) Regional Flood and Costal Committee

 

·     The meeting was due to take place on Friday 28 January 2022, voting rights were shared between Rutland County Council and Leicestershire County Council and for the forthcoming year it would be Rutland’s opportunity to vote.

·     The Precept for 2022/23 would be decided at the meeting. Councillor Baines confirmed that Leicestershire had approved a 2% increase and Northamptonshire authorities and Lincolnshire had approved a 0% increase. It was Councillor Baines’s intention to support a 0% increase and he requested that Members share any concerns with him after the Council meeting. Councillor G Waller supported Councillor Baines intention to support a 0% increase.

 

Councillor L Stephenson as the Council’s representative on the Police and Crime Panel, advised that papers would soon be published regarding the Leicestershire Police Precept for 2022/23.

14.

NOTICES OF MOTION pdf icon PDF 200 KB

To consider the Notice of Motion submitted by Councillor E Baines and seconded by Councillor A Brown in accordance with Procedure Rule 34.

 

“That Rutland County Council:

 

1)    Recognizes the valuable contributions that the Welland River Trust makes to the County’s objectives in relation to the environment and to wellbeing.

 

2)    Requests Cabinet to consider the request for short term financial assistance during this financial year for Welland River Trust and if possible  make a contribution.”

 

 

The Chief Executive has considered the below motion submitted by Councillor A Brown and seconded by Councillor M Jones. With the agreement of the mover and seconder the Chief Executive has reffered the motion to the Growth, Infrastructure and Resources Scrutiny Committee for consideration.

 

“Rutland County Council :

 

1)    Notes that new legislation may provide the Council with powers in relation to carbon management controls on the total amount of certain greenhouse gases that can be emitted by sectors covered by the legislation.

 

2)    Resolves that if legislation does provide such powers, then the Council would seek:

a.     That any subsidy directly or indirectly obtained for carbon management affecting the County is retained as carbon credit for the benefit of Rutland’s economy and people and

b.     that any third-party sale or lease of carbon credit outside Rutland cannot be activated unless Rutland is carbon neutral and where there is a 10% surplus of credit.”

 

3)    Agrees that the Council needs to become more proactive in looking after Rutland ‘s environment so that tomorrow’s generations inherit a cleaner, healthier world.”

Minutes:

---oOo---

Councillor A MacCartney departed the meeting at 19:32pm having declared an interest in the following item.

---oOo---

 

Council were asked to consider the Notice of Motion from Councillor E Baines which was seconded by Councillor A Brown in accordance with Procedure Rule 34. Councillor Baines presented the previously circulated motion, with the removal of the words ‘during this financial year”. Councillor A Brown confirmed his approval of the amendment as seconder.

 

Councillor Baines highlighted to Council some of the benefits to Rutland from the work of the Welland River Trust:

 

·     Improved habitat and bio diversity.

·     Flood defence.

·     There was an increased awareness that people were healthier and happier if they had access to a tranquil environment.

·     Rutland had already benefited from a £300,000 scheme for the Gwash from Anglian Water.

·     Access to the current academic research. A PhD student from Leicester university was undertaking works around how to measure green capital and zero carbon emissions was part of the research.

 

Members fully supported the first part of the motion regarding the work of the Welland Trust but given the current budget constraints that the Council was facing, Members raised concerns regarding the grant funding. Several Members also highlighted the lack of a business case being submitted as a concern.

 

Several Members raised general concerns regarding the Council’s lack of a grant making policy and it was suggested that agreement of the motion would set a precent as a method for organisations to secure funding in the future. It was suggested that if Rutland was going to grant financial aid to organisations that a policy should be created that defined how this would be undertaken and agreed at a more operational level rather than coming before Council, it was highlighted that parish councils often undertook this method. Clarification was also sought over the responsibility the Council had for the management of the waterways, and it was agreed this would be provided outside of the meeting.

 

A Member suggested that reference to Cabinet in the motion be amended to the Growth, Infrastructure and Resources Scrutiny Committee (GIR) and for the Committee in consultation with the Portfolio Holder could discuss the relevant environmental policies and whether there should be a scheme agreed for the payment of grants. The Chair of the GIR Scrutiny Committee outlined that she could not support such an amendment due to the already full agenda for the Committee over the upcoming months.

 

A written response would be provided to Councillor D Blanksby in relation to whether Rutland County Council or the Environment Agency were responsible for the waterways.

 

In response to Members concerns Councillor Baines proposed to remove recommendation two from the motion. This was agreed by Councillor A Brown as seconder. A vote was then taken on the revised motion and with 20 votes in favour, and 1 abstention, the motion was carried.

 

RESOLVED

 

That Council:

 

1)    Recognised the valuable contributions that the Welland River Trust makes to the County’s objectives in relation to the environment and  ...  view the full minutes text for item 14.

15.

UPDATES TO THE CONSTITUTION pdf icon PDF 314 KB

To receive Report No. 21/2022 from the Monitoring Officer.

Additional documents:

Minutes:

Report No. 21/2022 was received from the Monitoring Officer and introduced by Councillor O Hemsley as the Chair of the Constitution Review Working Group. The purpose of the report was to set out several proposed amendments recommended by the Working Group to the Terms of Reference for the Employment and Appeals Committee and Part 10 of the Rutland County Council Constitution: Contract Procedure Rules. It was also recommended that the role of the Deputy Electoral Registration Officer be re-designated to the Electoral Services Manager.

 

Councillor A Brown requested clarification regarding the Contract Procedure Rules and the need for only one quotation for values between £5,000 and £25,000. It was agreed that this would be taken back to the Constitution Review Working Group for consideration and advice sought from Internal Audit.

 

It was moved by Councillor Hemsley that Council approved the proposed amendments. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council APPROVED the proposed amendments:

 

1)    The updated Terms of Reference for the Employment and Appeals Committee.

 

2)    The updated Contract Procedure Rules at Part 10 of the Constitution.

 

That the Electoral Services Manager be designated as the Deputy Electoral Registration Officer.

16.

APPOINTMENT OF NON-ALIGNED MEMBER TO THE ADULTS AND HEALTH SCRUTINY COMMITTEE

To appoint Councillor P Ainsley as the second non-aligned Member of the Adults and Health Scrutiny Committee.

Minutes:

The Chairman reminded Members that following the last meeting of the Council there was a vacant seat allocated for a non-aligned Member on the Adults and Health Scrutiny Committee.

 

Councillor Hemsley proposed that Councillor P Ainsley be allocated as a non-aligned Member to the Adults and Health Scrutiny Committee. This was seconded and upon being put to a vote was unanimously carried.

 

RESOLVED

 

1)    That Councillor Paul Ainsley be appointed as a non-aligned Member to the Adults and Health Scrutiny Committee.

 

17.

ANY URGENT BUSINESS

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

Minutes:

The Chairman thanked Sue Bingham, outgoing Corporate Governance Manager for all of her hard work over her 12 years working for the Council and wished her the best for the future.