Full Council – 25 March 2009

Present

THE MAYOR – Councillor Jawaid

Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Berry, B Briggs, J Briggs,

The Council met at Pittwood House, Ashby Road, Scunthorpe.

1691 MAYOR’S REMARKS – The Mayor welcomed fellow councillors, officers and members of the public to the meeting.

The Mayor then referred to the very sad news about the death of Councillor Ted Appleyard. Ted was a well respected and much loved councillor who had served local people for almost 50 years. The Mayor then asked the Leaders of both groups to say a few words about Councillor Appleyard. Everyone in the Chamber then paid their respects to Councillor Appleyard in taking part in a minute’s silence.

The Mayor then indicated that this was his final ordinary meeting of his mayoral year a role which he had enjoyed immensely. He had met so many wonderful people and had spread the message that North Lincolnshire was a great place. Finally the Mayor asked everyone to join him in wishing Scunthorpe United well in their trip to Wembley on 5 April 2009.

The Mayor then welcomed Mike Leitch who made a presentation to the council on behalf of Local Government Yorkshire and Humber for the council achieving “Member Development Charter” status.

1692 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of personal interests were indicated as follows –

Member
Subject/Minute
Councillor M Ali Licensed Hackney Carriage Driver
Councillor J Briggs Humberside Fire Authority – Member
North Lincolnshire Homes – Member
Councillor L Cawsey North Lincolnshire Homes – Member
Councillor P Clark North Lincolnshire Homes – Member
Councillor I Jawaid Humberside Police Authority – Member
Councillor C O’Sullivan Co-op Member
Councillor N Poole Agenda Item 5 – European Parliamentary Elections – Candidate
Councillor M Simpson Agenda Item 14 – Notice of Motion – Animal Welfare
Councillor S Swift Agenda Item 14 – Animal Welfare Charter –

1693 MINUTES – Resolved – That the minutes of the meetings of the council held on 21 January and 25 February 2009, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Mayor.

1694 (14) MEMBERS ALLOWANCES – REMUNERATION PANEL – Members considered a report of the Service Director Legal and Democratic which outlined the work of the Independent Members Remuneration Panel. The panel’s report was also attached. In accordance with the Local Government and Housing Act 1989, the council was required to make an annual scheme on members allowances.

This was the tenth year the panel had considered members allowances.

Moved by Councillor Kirk and seconded by Councillor L Foster –

(a) That the panel be thanked for its work;

(b) That the proposals contained in option 1 of appendix A to the report be approved;

(c) That the existing mileage and subsistence scheme continue, with the mileage, bicycle, car share and subsistence rates being frozen at their existing levels with the ceiling to remain at 10,000 miles, and

(d) That the proposals relating to the co-optees allowance set out in paragraph 1.16 of the report be approved together with the existing allowance for Appeals Committee members.

Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs as an amendment

“This council resolves to lobby the Local Government Association (LGA) to persist with efforts to remove the responsibility for deciding locally elected members’ allowances from elected members. In the meantime, in light of the difficult times being experienced by many residents throughout North Lincolnshire, no change be made to the existing levels of members’ allowances. This sends the message that members of the council recognise and will respond to the hardships that people are feeling.”

Moved by Councillor Poole and seconded by Councillor B Briggs as a second amendment –

(a) That the panel be thanked for its work;

(b) That the council recognises the independence of the Remuneration Panel and adopts option 3 in Appendix A to the report in relation to special responsibility and basic allowances, subject to the basic allowance being set at £8,178 and the removal of the allowances for Appeals Committee members which would ensure that there is no overall increase to the total cost of North Lincolnshire’s members allowances;

(c) That the proposals regarding travel and subsistence arrangements as set out in paragraphs 1.12, 1.13, 1.14 and Appendix B to the report, including the harmonisation of mileage rates be approved; and

(d) That the proposals relating to the co-optees allowance as set out in paragraph 1.16 of the report be approved.

Moved by Councillor Stewart as a third amendment –

(a) That the panel be thanked for its work;

(b) That the council adopts option 3 in appendix A to the report in relation to special responsibility and basic allowances, subject to the deletion of special responsibility allowances for the secretary of the majority and minority groups and the removal of the allowance for Appeals Committee members;

(c) That the proposals regarding travel and subsistence arrangements as set out in paragraphs 1.12, 1.13, 1.14 and appendix B to the report including the harmonisation of mileage rates be approved, and

(d) That the proposals relating to the co-optees allowance as set out in paragraph 1.16 be approved.

There being no seconder to the amendment it fell without further discussion.

At the request of members and in accordance with Procedure Rule 23(d) the names of members voting for, against and abstaining from the second amendment by Councillor Poole are as follows –

FOR: Councillors B Briggs, Poole and Stewart

AGAINST: Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Berry, J Briggs, Bunyan, Carlile, Cawsey, Clark, Collinson, Davison, Eckhardt, Ellerby, England, L Foster, T Foster, Glover, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Mrs Redfern, Regan, C Sherwood, N Sherwood, Mrs Sidell, Simpson, Smith, Swift, Vickers, Waltham, Wardle, Wells, Whiteley and Wilson

ABSTAINING: Nil

Second Amendment Lost

At the request of members and in accordance with Procedure Rule 23(d) the names of members voting for, against and abstaining from the amendment by Councillor Redfern are as follows –

FOR: Councillors Berry, J Briggs, Bunyan, Clark, Eckhardt, England, T Foster, Glover, Mrs Redfern, C Sherwood, N Sherwood, Mrs Sidell, Vickers, Waltham, Wardle and Wells

AGAINST: Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, B Briggs, Carlile, Cawsey, Collinson, Davison, Ellerby, L Foster, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Poole, Regan, Simpson, Smith, Stewart, Swift, Whiteley and Wilson

ABSTAINING: Nil

Amendment Lost

At the request of members and in accordance with Procedure Rule 23(d) the names of members voting for, against and abstaining from the motion are as follows –

FOR: Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Carlile, Cawsey, Collinson, Davison, Ellerby, L Foster, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Regan, Simpson, Smith, Swift, Whiteley and Wilson

AGAINST: Councillors B Briggs, Poole and Stewart

ABSTAINING: Councillors Berry, J Briggs, Bunyan, Clark, Eckhardt, England, T Foster, Glover, Mrs Redfern, C Sherwood, N Sherwood, Mrs Sidell, Vickers, Waltham, Wardle and Wells

Motion Carried

1695 (15) EUROPEAN PARLIAMENTARY ELECTIONS 2009 – The Chief Executive/Returning Officer submitted a report informing the council about the arrangements for the European Parliamentary Elections in 2009. These elections would take place across Europe between Thursday 4 June and Sunday 7 June 2009. In the United Kingdom, the poll would take place on Thursday 4 June and polling stations would be open from 7.00 a.m. to 10.00 p.m. on that date.

The report indicated that the elections were being co-ordinated by the Regional Returning Officer in Leeds who had set out the arrangements for the poll in North Lincolnshire and for the count which would take place on Sunday 7 June, 2009.

Resolved – That the arrangements for the European Parliamentary Elections 2009 be noted.

1696 (16) CONSTITUTION – A report was submitted by the Service Director Legal and Democratic proposing changes to the Constitution in relation to the council’s current working arrangements.

The Local Government Act 2000 required the council, to adopt a Constitution. This is a “living document” which requires frequent amendment to keep up with changes made by the council to its management structure and procedures. It was now necessary to consider changing the Constitution as regards delegated powers relating to the Service Director Highways and Planning and the Planning Committee.

Paragraph 10 of the current delegations to the Service Director Highways and Planning authorises that Director to delegate functions to town and country planning officers in that service. It was proposed to extend this so as to enable designated officers across the service to carry out delegated powers (including the signing and serving of Notices). The amended wording was set out in appendix 1.

The Planning Committee already had delegated powers as regards public rights of way. However, issues had arisen regarding the clarity of those powers and it was proposed to remedy these by way of the wording set out in appendix 2 to the report.

Resolved – That the proposed changes to the council’s Constitution as set out in the appendices to the report be approved and adopted.

1697 FORWARD PLAN FOR THE COUNCIL – Councillor Mark Kirk, the Leader of the Council introduced his Forward Plan for the period April to July, 2009, as required by the Local Government Act 2000 and the council’s Constitution. He then invited and answered questions on the plan’s contents.

Subject
Subject raised by
Response by
(i) Capital Strategy, Corporate Asset Management Plan and Property Strategy Councillor S Armitage Leader of the Council – Cabinet Member for Asset Management and Culture – Updated the council on the progress with regard to the Sports Academy.

1698 PLANNING COMMITTEE – Resolved – That the minutes of the meetings of the Planning Committee

held on 7 January, 4 February and 4 March 2009 be received, approved and adopted with the exception of minute 1118.

1699 MAJOR PLANNING APPLICATION 2008/1583

Moved by Councillor Collinson and seconded by Councillor Whiteley –

That the excepted portion be received.

Moved by Councillor Stewart as an amendment –

That the minute be received with regret at the decision arrived at by the committee.

There being no seconder to the amendment it fell without further discussion.

Motion Carried

1700 LICENSING COMMITTEE – Resolved – That the minutes of the meetings of the Licensing Committee held on 13 January and 11 March 2009 be received.

1701 QUESTION – LICENSING COMMITTEE – In accordance with procedure rule 15, Councillor C O’Sullivan asked the following question of the chair of the Licensing Committee –

“Could the chair of Licensing Committee inform the council how many taxi licence holders operating in the council’s area actually reside within North Lincolnshire as opposed to those that do not.”

Councillor Barkworth responded to that question.

1702 STANDARDS COMMITTEE – Resolved – That the minutes of the meeting of the Standards Committee held on 29 January 2009 be received.

1703 AUDIT COMMITTEE – Resolved – That the minutes of the meeting of the Audit Committee held on 12 January 2009 be received.

1704 APPEALS COMMITTEE – Resolved – That the minutes of the meetings of the Appeals Committee held on 3 February and 2 March 2009 be received.

1705 SAFER AND STRONGER COMMUNITIES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Safer and Stronger Communities Scrutiny Panel held on 19 January and 18 February 2009 be received.

1706 HEALTHIER COMMUNITIES AND OLDER PEOPLE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Healthier Communities and Older People Scrutiny Panel held on 5 January and 11 February 2009 be received.

1707 CHILDREN AND YOUNG PEOPLE’S SCRUTINY PANEL – Resolved – That the minutes of the meeting of the Children and Young People’s Scrutiny Panel held on 23 February 2009 be received.

1708 ECONOMIC DEVELOPMENT AND CORPORATE ISSUES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Economic Development and Corporate Issues Scrutiny Panel held on 12 January and 9 February 2009 be received.

1709 QUESTIONS FROM MEMBERS OF THE PUBLIC (INCLUDING TOWN AND PARISH COUNCILS) – The Leader referred to the format for full council meetings which enabled members of the public to ask questions. The following member of the public attended the meeting and asked a question of the Leader.

Question – Mr R Nixon

“Can the Leader of the Council confirm that all the conditions laid out by the Inspector at the Keadby Grange Public Inquiry last year will be enforced by this council to the letter, which includes the condition that no heavy goods vehicles gain access to the Keadby Grange Site via Ealand.”

The Leader responded to that question as follows –

“Yes I can confirm that North Lincolnshire Council will ensure that the details relating to all the conditions imposed by the Secretary of State on the Keadby Windfarm Scheme following the holding of the Public Local Inquiry will be carefully considered before any decision is taken to discharge the condition under the terms of the Town and Country Planning system. This would include consideration about the provisions of condition 11 attached to the decision about traffic management, access and construction.”

The Leader also stated that the decision of the Secretary of State overrides the decision of the Inspector’s recommendation.

At this point the Conservative Group left the meeting.

1710 NOTICE OF MOTION – ANIMAL WELFARE

Moved by Councillor Barkworth and seconded by Councillor Swift –

“This Council reaffirms its commitment to the Animal Welfare Charter and accepts the authority has a responsibility for the welfare of captive and domestic animals. This council continues to endorse a policy of not allowing circus-type events that use live animals to take place at any council-owned property or on land owned by the authority.

Council also makes the commitment to write to the three local MPs to show support for Early Day Motion 976 on Animal Welfare in Circuses, which calls for the Government to maintain its commitment to ban the use of wild animals in travelling circuses and to restrict the use of domesticated animals through a strict licensing system.”

At the request of members and in accordance with procedure rule 23(d) the names of members voting for, against and abstaining from the motion are as follows –

FOR: Councillor Ali, Armitage, Bainbridge, Barker, Barkworth, B Briggs, Carlile, Cawsey, Collinson, Davison, Ellerby, L Foster, Gosling, Jawaid, Kirk, O’Sullivan, Poole, Regan, Smith, Swift, Whiteley and Wilson

AGAINST: Councillor Stewart

ABSTAINING: Nil

Motion Carried

Reference was made to the Conservative Group’s withdrawal from the meeting. The Service Director Legal and Democratic advised the council that the Conservative Group Notice of Motion on finances still remained on the Order Paper. This could only be withdrawn by the proposer with the consent of the seconder and of the council signified without discussion. Given that the Conservative Group were no longer in the meeting, but before leaving the proposer and seconder had requested to withdraw the motion he asked the council if it would give consent to the motion being withdrawn.

Moved by Councillor D Stewart and seconded by Councillor B Briggs –

That consent be given to withdrawing the motion.

Motion Lost

1711 NOTICE OF MOTION – FINANCES

Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs –

“In light of ongoing and increasingly adverse economic climate and in order to ensure that the residents and businesses of North Lincolnshire receive all of the support that they require, this council undertakes to continuously monitor the financial situation in order to identify surpluses and re-direct resources as best required to reflect local needs.”

Moved by Councillor Kirk and seconded by Councillor L Foster as an amendment –

“This council reaffirms the commitment made at the Budget Meeting on 25 February 2009, to provide top quality services to the residents of North Lincolnshire at the best possible price. Furthermore this council continues to work to the budget agreed by members which avoids the need for compulsory redundancies and unnecessary service cuts.”

Moved by Councillor Stewart and seconded by Councillor B Briggs as an amendment –

“In light of the ongoing and increasingly adverse economic climate and in order to ensure that the residents and businesses of North Lincolnshire receive all of the support that they require, this council undertakes to continuously monitor the financial situation and take appropriate steps to ensure that there is no increase in the council tax in 2010/2011.”

Second Amendment (Councillor Stewart) Lost

First Amendment (Councillor Kirk) Carried

Substantive Motion carried

1712 NOTICE OF MOTION – FAIR TRADE

Moved by Councillor B Briggs and seconded by Councillor Poole –

“That the work of the council in supporting the exhibitors of fairtrade goods at the recent fairtrade week at Water’s Edge Country Park be commended.

Further this council shows its commitment and support for fairtrade by ensuring that in future it procures tea, coffee and associated products with the fairtrade mark to be served at council meetings and in staff canteens wherever hot drinks are served.”

Motion Carried