Annual Meeting – 12 May 2010
Present –
THE MAYOR – Councillor Susan Armitage
Councillors Ali, Bainbridge, Barker, Barkworth, Berry, B Briggs, J Briggs, Mrs Bromby, Bunyan, Carlile, Cawsey, Clark, Collinson, Davison, Eckhardt, Ellerby, England, L Foster, T Foster, Glover, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Poole, Mrs Redfern, Regan, C Sherwood, N Sherwood, Mrs Sidell, Mrs Simpson, Smith, Stewart, Swift, K Vickers, P Vickers, Waltham, Wardle, Wells, Whiteley and Wilson.
The council met at the Plowright Theatre for items 1858 to 1860 and then at Pittwood House, Ashby Road, Scunthorpe.
1858 ELECTION OF MAYOR – Following opening remarks made by Councillor Sue Armitage, the council proceeded to elect a Mayor.
Moved by Councillor Kirk and seconded by Councillor Len Foster –
That Councillor Allan Smith be elected Mayor of North Lincolnshire Council for the ensuing year until his successor becomes entitled to act as Mayor.
Motion Carried
Councillor Smith then made a declaration of acceptance of office in accordance with Section 83 of the Local Government Act 1972.
At this point Councillor Smith took the chair.
Councillor Smith then expressed his thanks to the council for his appointment and spoke of his hopes for his year in office.
1859 VOTE OF THANKS TO RETIRING MAYOR –
Moved by Councillor Kirk and seconded by Councillor Mrs Redfern –
That the council expresses to Councillor Armitage sincere thanks for the most able way in which she has carried out the duties of Mayor of the council during the past year.
Motion Carried
1860 APPOINTMENT OF DEPUTY MAYOR – The council proceeded to the appointment of a Deputy Mayor –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That Councillor Mashook Ali be appointed Deputy Mayor of North Lincolnshire Council for the ensuing year.
Motion Carried
Councillor Ali then made a declaration of acceptance of office in accordance with section 83 of the Local Government Act 1972.
1861 MEETINGS OF THE COUNCIL 2010/2011 –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That meetings of the council be held at the time indicated on the following dates –
Wednesday 14 July, 2010 – 6pm
Wednesday 13 October, 2010 – 6pm
Wednesday 19 January, 2011 – 6pm
Wednesday 23 February, 2011 (Budget Meeting) – 6pm
Wednesday 30 March, 2011 – 6pm
Wednesday 25 May, 2011 (Annual Meeting) – 10am
Motion Carried
1862 NOTIFICATION OF GROUP LEADERS AND SECRETARIES – The Chief Executive reported the following notifications in relation to the appointment of group leaders, specified representatives (deputy leader) and secretaries.
| Group | Leader | Specified representative/deputy | Secretary |
|---|---|---|---|
| Labour | Councillor Mark Kirk | Councillor Len Foster | Councillor Steve Swift |
| Conservative | Councillor Mrs Elizabeth Redfern | Councillor John Briggs | Councillor John England |
Resolved – That the report be noted.
1863 ELECTION OF LEADER OF THE COUNCIL –
Moved by Councillor L Foster and seconded by Councillor Swift –
That Councillor Mark Kirk be elected Leader of the Council.
Motion Carried
1864 NUMBER OF MEMBERS TO BE APPOINTED TO THE EXECUTIVE AND APPOINTMENT OF MEMBERS TO THE CABINET –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That 8 members be the executive and that the undermentioned members be appointed to the cabinet as shown –
| Councillor Mark Kirk (Leader) | Regeneration, Marketing and Strategic Finance |
| Councillor Len Foster (Deputy Leader) | Neighbourhood, Environment and Communities |
| Councillor Steve Swift | Corporate Services |
| Councillor Mick Grant | Housing and Strategic Planning |
| Councillor Tony Gosling | Children’s Services |
| Councillor Pauline Carlile | Adult Services |
| Councillor Bernard Regan | Highways, Planning and Energy |
| Councillor Christine O’Sullivan | Sport, Leisure and Culture |
Motion Carried
1865 ESTABLISHMENT OF A STANDARDS COMMITTEE AND APPOINTMENT OF MEMBERS –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That a Standards Committee be established with the membership shown below
| Labour (4) | Conservative (1) | Other (1) |
|---|---|---|
| Councillors: | Councillor: | Councillor: |
| Armitage | England | Poole |
| Davison | ||
| Swift | ||
| Whiteley | ||
| Independent Representatives (3) | Parish Council Representatives (3) | |
| Mr D H Cuckson | Councillor Mrs Y Aubrey | |
| Mr P Kelly | Councillor J Kitwood | |
| Mr W Harvie | Councillor R Nixon |
Motion Carried
1866 (1) LOCAL GOVERNMENT AND HOUSING ACT 1989 – POLITICAL BALANCE AND COMMITTEES – Having regard to the report of the Service Director Legal and Democratic entitled “Local Government and Housing Act 1989 – Political Balance”. The representation of the different political groups on each committee/panel was reviewed.
Moved by Councillor Kirk and seconded by Councillor L Foster –
That committees/panels/representation be appointed until the date of the annual meeting of the council in 2011 or such earlier date as may be determined from time to time by the council, and the number of members be as shown –
| Committee/Panels | Number of Members | Labour Members | Conservative Members | Other Members |
|---|---|---|---|---|
| Planning Committee | 13 | 7 | 5 | 1 |
| Licensing Committee | 15 | 8 | 6 | 1 |
| Children and Young People Scrutiny Panel | 7 | 4 | 3 | – |
| Healthier Communities and Older People Scrutiny Panel | 7 | 4 | 3 | – |
| Safer and Stronger Communities Scrutiny Panel | 7 | 4 | 3 | – |
| Economic Development and Corporate Issues Scrutiny Panel | 7 | 4 | 3 | – |
| (plus 2 Church Representatives – voting) | In relation to education issues | |||
| (plus 2 parent governors – voting) | ||||
| Scrutiny Co-ordinating Panel | 9 | 5 | 4 | – |
| Audit Committee | 5 | 3 | 2 | – |
| Appeals Committee Pool | 17 | 9 | 7 | 1 |
| Shaping the Council Committee | 6 | 4 | 2 | – |
| Police Authority Appointments Panel | 3 | 2 | 1 | – |
| Humberside Combined Fire Authority | 4 | 3 | 1 | – |
| Humber Police Authority | 1 | 1 | – | – |
| Humber Bridge Board | 5 | 3 | 2 | – |
| North Lincolnshire Homes Board | 5 | 3 | 2 | – |
| Humberside Airport Board | 1 | 1 | – | – |
| North Lincolnshire Adoption Panel | 2 | 2 | – | – |
| Land Reclamation Working Group | 4 | 3 | 1 | – |
Motion Carried
1867 MEMBERSHIP OF COMMITTEES/PANELS – Moved by Councillor Kirk and seconded by Councillor L Foster –
That the membership of committees/panels be as follows –
PLANNING COMMITTEE (13 Members)
| Labour (7) | Conservative (5) | Other (1) |
|---|---|---|
| Councillors: | Councillors: | Councillor: |
| Ali | Eckhardt | B Briggs |
| Bainbridge | England | |
| Barker | C Sherwood | |
| Carlile | N Sherwood | |
| Collinson | Wardle | |
| Grant | ||
| Whiteley |
LICENSING COMMITTEE (15 Members)
| Labour (8) | Conservative (6) | Other (1) |
|---|---|---|
| Councillors: | Councillors: | Councillor: |
| Armitage | Clark | Poole |
| Barkworth | Eckhardt | |
| Davison | Glover | |
| Ellerby | K Vickers | |
| L Foster | P Vickers | |
| Jawaid | Wells | |
| O’Sullivan | ||
| Swift |
APPEALS COMMITTEE (five Members)
Membership of appeals committees to deal with individual cases to be appointed as required from eligible members as set out below –
| Labour (9) | Conservative (7) | Other (1) |
|---|---|---|
| Councillors: | Councillors: | Councillor: |
| Bainbridge | Berry | Stewart |
| Barkworth | Mrs Bromby | |
| Carlile | Eckhardt | |
| Davison | T Foster | |
| Grant | P Vickers | |
| O’Sullivan | Wardle | |
| Swift | Wells | |
| Whiteley | ||
| Wilson |
AUDIT COMMITTEE (five members)
| Labour (3) | Conservative (2) |
|---|---|
| Councillors: | Councillors: |
| Cawsey | T Foster |
| Whiteley | N Sherwood |
| Wilson |
ECONOMIC DEVELOPMENT AND CORPORATE ISSUES SCRUTINY PANEL (Seven members)
| Labour (4) | Conservative (3) |
|---|---|
| Councillors: | Councillors: |
| Bainbridge | Berry |
| Barkworth | Glover |
| Ellerby | Wardle |
| Jawaid |
HEALTHIER COMMUNITIES AND OLDER PEOPLE SCRUTINY PANEL (Seven members)
| Labour (4) | Conservative (3) |
|---|---|
| Councillors: | Councillors: |
| Ali | Eckhardt |
| Barker | Sidell |
| Collinson | Wells |
| Simpson |
CHILDREN AND YOUNG PEOPLE SCRUTINY PANEL (Seven members)
| Labour (4) | Conservative (3) |
|---|---|
| Councillors: | Councillors: |
| Cawsey | Mrs Bromby |
| Simpson | C Sherwood |
| Whiteley | P Vickers |
| Wilson | |
| Church representatives | Parent governor representatives |
| Mrs Wendy Witter Mr W Egan |
Mrs A Dunkerley) Scrutiny Panel Mr N Craven ) Admission Forum |
Note: The church representatives and the parent governor representatives are entitled to attend meetings dealing with education issues. Parent governor representatives will be entitled to substitute for one another as and when required.
SAFER AND STRONGER COMMUNITIES SCRUTINY PANEL (Seven members)
| Labour (4) | Conservative (3) |
|---|---|
| Councillors: | Councillors: |
| Ali | Clark |
| Armitage | T Foster |
| Davison | Waltham |
| Ellerby |
SCRUTINY CO-ORDINATING PANEL (Nine members)
| Labour (5) | Conservative (4) |
|---|---|
| Councillors: | Councillors: |
| Barker | Glover |
| Cawsey | C Sherwood |
| Davison | Waltham |
| Jawaid | Wells |
| Wilson |
SHAPING THE COUNCIL COMMITTEE (Six members)
| Labour (4) | Conservative (2) |
|---|---|
| Councillors: | Councillors: |
| Davison | J Briggs |
| L Foster | Mrs Redfern |
| Kirk | |
| Swift |
Motion Carried
1868 APPOINTMENT OF CHAIRS AND VICE-CHAIRS OF COMMITTEES/PANELS –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That chairs and vice chairs of committees/panels be appointed as follows –
| Committee/panel | Chair | Vice-chair |
|---|---|---|
| Planning Committee | Councillor John Collinson | Councillor David Whiteley |
| Licensing Committee | Councillor Darrell Barkworth | Councillor Steve Swift |
| Audit Committee | Councillor David Whiteley | Councillor Stuart Wilson |
| Standards Committee | (To be appointed) | |
| Appeals Committee | (To be appointed at each meeting) | |
| Economic Development and Corporate Issues Scrutiny Panel | Councillor Ishaq Jawaid | Councillor Ivan Glover |
| Healthier Communities and Older People Scrutiny Panel | Councillor Trevor Barker | Councillor David Wells |
| Children and Young People Scrutiny Panel | Councillor Stuart Wilson | Councillor Carl Sherwood |
| Safer and Stronger Communities Scrutiny Panel | Councillor Andrea Davison | Councillor Rob Waltham |
| Scrutiny Co-ordinating Panel | Councillor Andrea Davison | Councillor Rob Waltham |
| Shaping the Council Committee | Councillor Mark Kirk | Councillor Len Foster |
Motion Carried
1869 APPOINTMENT OF LEAD MEMBERS –
Moved by Councillor Kirk and seconded by Councillor L Foster –
That lead members be appointed as follows –
| Councillor Mashook Ali | Transportation |
| Councillor Sue Armitage | Communities |
| Councillor Sandra Bainbridge | Regeneration and Renaissance |
| Councillor Trevor Barker | Environment |
| Councillor Linda Cawsey | Children’s Issues |
| Councillor Andrea Davison | Diversity |
| Councillor T Ellerby | Markets and Partnership Development Sport and Recreation |
| Councillor Margaret Simpson | Schools |
| Councillor Allan Smith | Arts and Culture |
| Councillor David Whiteley | ICT and Member Champion for Regulatory Services |
| Councillor Stuart Wilson | Healthier Communities and Adults |
| Councillor Ishaq Jawaid | Supporting People |
Motion Carried
1870 (2) CONSTITUTION AND GOVERNANCE ISSUES – Members had before them a report by the Service Director Legal and Democratic outlining proposed amendments to the Constitution to facilitate changes to the council’s political management arrangements and methods of working. The report also informed council that following a consultation process no advice or comments had been received to Crowle Town Council being known as Crowle and Ealand Town Council.
The amendments necessary to facilitate these changes were set out in the report and the accompanying appendices.
Moved by Councillor Swift and seconded by Councillor Davison –
That the proposed changes to the council’s Constitution as detailed in paragraphs 3.4, 3.6, 3.7 and 3.11 and the appendices to the report be approved and adopted.
Moved by Councillor Stewart and seconded by Councillor Poole as an amendment –
(a) That the proposed changes as outlined in paragraphs 3.6, 3.7, 3.8 and 3.11 be approved and adopted, and (b) that the proposals set out in paragraph 3.4 be not approved.
Amendment Lost
Motion Carried
1871 (3) MEMBERS’ ALLOWANCES – REMUNERATION PANEL – Members had before them a report of the Service Director Legal and Democratic with the attached report of the Elected Members Remuneration Panel for 2010/2011. The council was asked to consider the contents of the report with a view to approving a revised scheme of members’ allowances for 2010/2011.
Each year the council was required to make an annual scheme for members’ allowances based on advice from the Elected Members Independent Remuneration Panel.This was the eleventh year that the panel had considered members’ allowances. The panel consisted of members representing the multi faith community, the voluntary sector and business communities.The detailed report of the panel was attached as an appendix to the Service Director’s report and the report itself contained a number recommendations.
Moved by Councillor Kirk and seconded by Councillor L Foster –
(a) That the panel be thanked for its work, and (b) that the existing members allowance scheme be retained for 2010/2011, subject to the outcome of national negotiations in relation to the cost of living increase as detailed in paragraph 1.8 of the report.
Moved by Councillor B Briggs and seconded by Councillor Poole as an amendment –
(a) That the panel be thanked for its work, and (b) that the panel’s recommendations be adopted in full by the council.
At the request of members and in accordance with Procedure Rule 1.23(d) the names of members voting for, against and abstaining from the amendment are as follows –
FOR: Councillors B Briggs, Poole and Stewart
AGAINST: Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Carlile, Cawsey, Collinson, Davison, Ellerby, L Foster, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Regan, Mrs Simpson, Smith, Swift, Whiteley and Wilson
ABSTAINING: Councillors Berry, J Briggs, Mrs Bromby, Bunyan, Clark, Eckhardt, England, T Foster, Glover, Mrs Redfern, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham, Wardle and Wells
Amendment Lost
At the request of members and in accordance with Procedure Rule 1.23(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, Mrs Bromby, Bunyan, Clark, Eckhardt, England, T Foster, Glover, Mrs Redfern, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham, Wardle and Wells
Motion Carried
1872 (4) THE DUTY TO RESPOND TO PETITIONS – The Service Director Legal and Democratic submitted a report setting out the requirements of the Local Democracy, Economic Development and Construction Act 2009 as regards petitions, together with a proposed petition scheme for adoption by the council.
The Act required all councils to establish a petition scheme which had to be approved by a meeting of full council before it came into force, must be published on the council’s website and by any other method appropriate for bringing it to the attention of those who live, work or study in its area, can be revised by following the same procedure as for its adoption and must be complied with by the council. The Act also required the petition scheme to meet some minimum standards as detailed in paragraph 2.4. A petition had to relate to a “relevant matter”. However, this was widely defined in the Act as a matter relating to the council’s functions or the improvement of the economic, social or environmental well being of the council’s area to which any of the council’s partner authorities could contribute. Partner authorities were the bodies which might participate in the local area agreement with the council. Accordingly, petitions could relate to issues such as alcohol related crime and disorder, antisocial behaviour, under performing health services etc.
Certain matters were excluded from being dealt with through the petition scheme e.g. those related to planning and licensing applications, statutory petitions e.g. for an elected mayor or on a matter where there was already an existing right of appeal or review. In addition, petitions considered to be vexatious, abusive or otherwise inappropriate were excluded. The council could set thresholds as regard the number of signatories to a petition which would trigger the scheme as well as the requirement for the petition to be debated at full council or holding an officer to account. The statutory guidance which had been issued by the government included a model petition scheme. This had now been re-worked in certain areas and was appended to the report. It was also in the form in which it was proposed to appear on the council’s website in compliance with the Act. The model scheme did not set a threshold for triggering a response to a petition. However, the scheme put forward and appended to the report retained a minimum number of ten signatories which had formed part of the council’s existing petition arrangements for many years and had not been seen to be an impediment. The scheme also incorporated the current petition panel arrangements. As regards petitions requiring debate at full council 1,500 signatories were specified and for holding an officer to account 750 signatories. These reflected the figures used in the model scheme which was based on an authority with a population of 150,000 and so had a direct affinity to this council.
The report also indicated that although the e-petition requirements did not come into force until 15 December 2010, provisions relating to e-petitions had been included in the scheme as the council already had a facility to receive such petitions.
Moved by Councillor Swift and seconded by Councillor Davison –
(a) That the council adopt the petition scheme attached to the report and publicise it appropriately; (b) that any necessary changes be made to the council’s Constitution and Procedure Rules to reflect the adoption of the scheme, and (c) that any necessary powers be delegated to the Service Director Legal and Democratic to ensure the smooth working of the scheme e.g. power to reject petitions considered to be vexatious, abusive or otherwise inappropriate.
Motion Carried
1873 TIMETABLE OF MEETINGS 2010/2011 – The Service Director Legal and Democratic submitted a proposed timetable of meetings for 2010/2011.
Moved by Councillor Kirk and seconded by Councillor L Foster –
“That the timetable of meetings for 2010/2011 be approved and adopted.”
Motion Carried
1874 (5) POLLUTION CONTROL – DETERMINATION OF REGULATOR – The Service Director Neighbourhood and Environment submitted a report seeking approval to discharge the functions of regulating the environmental permit of Eastgate Materials Handling Limited (EMH) to North East Lincolnshire Council.
The council currently regulated a number of industrial sites within North Lincolnshire that had the potential to cause pollution of the environment. North East Lincolnshire Council had an operator, Eastgate Materials Handling Limited, who had applied to extend their site boundary into North Lincolnshire. The Local Government Act 1972 contains provisions to allow a local authority to discharge functions to another council. Department of the Environment, Food and Rural Affairs (DEFRA) guidance suggests that this provision be used when a site straddles an authority boundary.
The report contained detailed information about this issue and indicated that North East Lincolnshire Council had advised this council that they currently regulated a site operated by Eastgate Materials Handling Limited on the Immingham Port Estate. The company operates a coal handling installation and wished to extend its operation onto an adjoining piece of land. This land was predominantly within North Lincolnshire. A map showing the existing site and the proposed area of extension was appended to the report at appendix 1.
North Lincolnshire Council currently regulates two coal handlers on the Immingham Port Estate, however the access road to the Eastgate Materials Handling Limited site and the Eastgate Materials Handling offices are both within North East Lincolnshire. The Environmental Permitting (England and Wales) Regulations 2007 contain provisions for an operator to vary their permit. Eastgate Materials Handling does not wish to create a new installation, merely to extend an existing one: it has therefore applied to North East Lincolnshire Council to vary the present permit to amend their site boundary to include the area within North Lincolnshire. Power exists under Section 101 of the Local Government Act 1972 (as amended) to delegate the discharge of functions to another local authority. Environmental Permitting Guidance issued by DEFRA states that transferring responsibility for regulation of an installation might be appropriate where an installation straddles an authority boundary. The report contained further information about this proposal.
Moved by Councillor L Foster and seconded by Councillor Barker –
“That the function of regulating the Eastgate Materials Handling Limited site within North Lincolnshire be discharged to North East Lincolnshire Council”.
Motion Carried
1875 (6) CHANGES TO CONTRACT PROCEDURE RULES – The Service Director Finance submitted a report seeking approval to a number of proposed changes to the council’s existing procedure rule framework for procurement.
The mandatory procedures governing how the procurement of supplies, services and works should be carried out by officers and elected members of the council are set out in Contract Procedure Rules (CPRs). These form an integral part of the council’s Constitution. The current CPRs were last substantively updated and approved by council in November 2007. Since that time a number of developments had occurred at EU, national, regional and local levels which necessitated changing and updating the procedure rules to reflect the changes made. Attached as an appendix to the report were the revised Contract Procedure Rules which if approved would be incorporated into the council’s Constitution.
Moved by Councillor Swift and seconded by Councillor Davison –
“That the proposed changes to the council’s Contract Procedure Rules be approved and adopted”.
Motion Carried
1876 (7) NORTH LINCOLNSHIRE LOCAL DEVELOPMENT FRAMEWORK – CORE STRATEGY DEVELOPMENT PLAN DOCUMENT – PUBLICATION – The Head of Strategic Regeneration, Housing and Development submitted a report informing members about the Core Strategy Development Plan Document (DPD) – Publication Stage and subsequent submission to the Government Office for Yorkshire and Humber. Members were asked to consider approving the publication of the Core Strategy DPD with minor amendments to allow for representations to be made on its soundness and subsequent submission to the Government Office Yorkshire and Humber.
The Core Strategy DPD was the most important of the documents which make up the Local Development Framework (LDF). It set out the overall development strategy for North Lincolnshire for the period up to 2026. All other documents produced as part of the LDF must be in conformity with the Core Strategy. The Core Strategy set out the long term spatial planning framework for the development of North Lincolnshire up to 2026 by providing strategic policies and guidance to deliver the vision for the area including the scale and distribution of development, the provision of infrastructure to support it and the protection of our natural and built environment. The strategy focussed on five key elements which would help to transform North Lincolnshire over its lifetime towards being the north of England’s global gateway. These were detailed in paragraph 2.3 of the report. The publication stage represented the final opportunity for members of the public, town and parish councils, elected members and other key stakeholders to have their say on the future planning strategy for the area. It was noted that this stage differed from previous consultation exercises. At this stage, those making representations on the DPD needed to do so in relation to its “soundness”. Soundness is defined as being where the DPD is justified, effective and consistent with national policy. There is a six week period of representations on the DPD’s soundness to be made. This period would run from Monday 24 May to Monday 4 July 2010.
The report contained further detailed information about the Core Strategy and attached as an appendix to the report was the Core Strategy DPD.
Moved by Councillor Grant and seconded by Councillor Bainbridge –
(a) That the contents of the Core Strategy DPD be noted; (b) that the Core Strategy DPD, with any minor amendments required and associated documentation be published to allow representations to be made on the soundness of the DPD between Monday 24 May and Monday 4 July 2010, and (c) that following the six week public consultation period, be submitted to the Government Office for Yorkshire and the Humber.
Motion Carried