Full Council 15 June 2015

Present

THE MAYOR – Councillor Helen Rowson
Councillors Ali, Allcock, Armiger, Armitage, Bainbridge, J Briggs, Carlile, Clark, Collinson,  J Davison, Ellerby, England, L Foster, T Foster, Glover, Godfrey, Gosling, Hannigan, Kataria, Longcake, Marper, Mumby-Croft, Ogg, Oldfield, Perry, Poole, Mrs Redfern, Reed, Robinson, Rose, C Sherwood,  N Sherwood, K Vickers, P Vickers,  Waltham, Wells, and Wilson.

The council met at The Civic Centre, Ashby Road, Scunthorpe.

2374  MAYOR’S REMARKS – The Mayor welcomed fellow councillors, officers and members of the public to the meeting.

2375   DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS AND PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of personal interests were indicated as follows –

Member Subject/Minute
Councillor M Ali Hackney Carriage Driver/Licence Holder South Humber Racial Equality Council – Trustee Crosby Community Association – Chair
Councillor R Allcock

 

 

Councillor M Armiger

Councillor S Armitage

Councillor J Briggs

 

 

Councillor P Clark

Councillor J Collinson

Councillor J Davison

Councillor T Ellerby

Councillor J England

Councillor L Foster

Councillor T Foster

Councillor I Glover

Councillor H Kataria

 

Councillor D Longcake

Councillor H Mumby-Croft

Councillor R Ogg

 

Councillor D Oldfield

Councillor B Perry

Councillor N Poole

 

Councillor Mrs E Redfern

 

 

Councillor J Reed

Councillor D Robinson

 

Councillor C Sherwood

Councillor N Sherwood

 

Councillor K Vickers

Councillor P Vickers

Councillor R Waltham

 

Councillor D Wells

Isle of Axholme and North Nottinghamshire Water Management Board – Member Environment Agency – Severn Trent Region Regional Flood Defence Committee – Member

Notice of Motion – Tata Steel

Notice of Motion – Tata Steel

Humberside Fire Authority – Member North Lincolnshire Homes (Ongo) Communities Board – Member Isle of Axholme and North Nottinghamshire Water Management Board – Member

North East Lindsey Internal Drainage Board – Member Notice of Motion – Tata Steel

Notice of Motion – Tata Steel

Notice of Motion – Tata Steel

Scunthorpe and Gainsborough Water Management Board – Member

Scunthorpe and Gainsborough Water Management Board – Member
Notice of Motion – Tata Steel

Notice of Motion – Tata Steel Scunthorpe and Gainsborough Water Management Board – Member

Ancholme Internal Drainage Board – Member

Hackney Carriage Driver/Licence Holder South Humber Racial Equality Council – Member

Notice of Motion – Tata Steel

Ancholme Internal Drainage Board

Ancholme Internal Drainage Board Scunthorpe and Gainsborough Water Management Board – Member

Notice of Motion – Tata Steel

Communities Advice Centre – Member

Scunthorpe and Gainsborough Water Management Board – Member

North Lincolnshire Homes – Member Isle of Axholme and North Nottinghamshire Water Management Board – Member Humber Bridge Board – Member

Isle of Axholme and North Nottinghamshire Water Management Board – Member

Isle of Axholme and North Nottinghamshire Water Management Board – Member

Notice of Motion – Tata Steel Ancholme Internal Drainage Board – Member

Humberside Fire Authority – Member Ancholme Internal Drainage Board – Member Notice of Motion – Tata Steel

Notice of Motion – Tata Steel

Notice of Motion – Tata Steel

Humberside Fire Authority – Member North Lincolnshire Homes – Member Notice of Motion – Tata Steel

North East Lindsey Internal Drainage Board – Member

Councillor T Gosling declared a Disclosable Pecuniary Interest (DPI) in the Notice of Motion relating to Tata Steel.

2376   MINUTES – Resolved – That the minutes of the Ordinary Meeting of the Council held on 11 December, 2014 and 24 February 2015, the Extraordinary Meeting held on 21 January, the Special Meeting held on 21 January and the Annual Meeting of the Council held on 21 May 2015, having been printed and circulated amongst the members be taken as read and correctly recorded and be signed by the mayor.

2377   (7)  THE LOCAL AUTHORITIES (STANDING ORDERS) (ENGLAND) (AMENDMENT) REGULATIONS 2015 – The Director of Policy and Resources submitted a report informing council of changes to the mandatory provisions that must be followed before a statutory officer can be dismissed for disciplinary reasons.  The report also sought changes to the relevant Standing Orders (Procedure Rules) in the Council’s Constitution to reflect these provisions.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 came in to force on 11 May 2015 and amended the disciplinary process that must be followed before a statutory officer (Head of Paid Service, Chief Finance Officer and Monitoring Officer) can be dismissed.

The regulations prescribed that authorities must amend the relevant statutory standing orders in their constitutions by “no later than the first ordinary meeting of the authority falling after 11 May 2015.”  The regulations remove the requirement that a designated independent person be appointed to investigate and make a binding recommendation on disciplinary action against a statutory officer.  In place of the designated independent person process the decision to dismiss a statutory officer must now be taken by full council who must consider any advice, views or recommendations from an independent panel, the conclusions of any investigation into the proposed dismissal and any representations from the officer concerned.

The independent panel must consist of at least two independent persons, who accept an invitation from the council to sit on the panel.  An independent person is someone who has been appointed by the council in that capacity under the member’s code of conduct regime pursuant to Section 28(7) of the Localism Act 2011.  The council previously appointed two independent persons for this purpose namely Mr R Johnson and Mr J Goolden.

When appointing to the panel, which must be in place at least 20 days before the meeting at which the decision to dismiss will be taken, the council must do so in the following order –

  • An independent person appointed by the council and who is an elector in the council’s area.
  • Any other independent person who has been appointed by the council, and
  • An independent person who has been appointed by another council or councils.

The regulations also prescribed the amendments that had to be made to the council’s Standing Orders (Procedure Rules) to reflect these changes and these were set out in appendix 1 to the report.  It was therefore necessary to amend the council’s constitution to adopt the revised standing orders prescribed by the regulations.

Resolved – That the amendments to the relevant Standing Orders (Procedure Rules) (Part D8.03) in the council’s constitution as detailed in appendix 1 to the report be approved and adopted

2378   (8)  TREASURY MANAGEMENT AND INVESTMENT STRATEGY – ANNUAL REPORT 2014/2015 – The Director of Policy and Resources submitted a report on the council’s treasury performance in 2014/2015.  The benchmark for measuring performance was the treasury strategy set by the council at its meeting on 24 February 2014.

The report explained that each year the council approved a Treasury Management and Investment Strategy which was prepared in line with –

  • CIPFA (Chartered Institute of Public Finance and Accountancy) Code of Practice in the public service – fully revised 2011.
  • CIPFA – The Prudential Code – fully revised second edition 2011.
  • Department for Communities and Local Government Guidance.
  • The Local Government Act 2003.

The Code of Practice required that the council receive a report on the treasury management strategy at the start of the financial year, at mid-year and at year end.  In addition, the Audit Committee received progress reports at each meeting and an annual report on the outturn position.

The code also required the council to maintain suitable Treasury Management Practices (TMPs), setting out the manner in which the organisation would seek to achieve its treasury management policy and objectives and prescribing how it would manage and control these activities.  As part of this ongoing process the treasury management practices adopted by the council were reviewed on a regular basis.

The Director in his report outlined the annual strategy under headings which covered – the strategy for 2014/2015, the investment strategy, the borrowing strategy and how the council performed, including key investment and borrowing statistics and associated arrangements indicating how the council had performed against the strategy.  It was noted that investments made during the year were set against a generally improving global economic environment with a greater degree of optimism and increased levels of certainty regarding the future stability of market conditions.  This allowed the council to employ a still prudent, but slightly less cautious approach within the requirements of the strategy.  This degree of caution was still considered necessary to maximise security and liquidity of council funds.

The key investment statistics were detailed in paragraph 3.7 and at appendix 2 to the report and the key borrowing statistics were set out in paragraph 3.8 and appendix 3 to the report.

The report contained further information about the strategy.

Resolved – That the council notes the performance outlined in the Treasury Management and Investment Strategy Annual Report 20/04/2015.

2379   PLANNING COMMITTEE – Resolved – That the minutes of the meetings of the Planning Committee held on 19 November and 17 December 2014, 14 January, 11 February, 11 March, 8 and 29 April 2015 be received with the exception of minutes 1658 and 1660.

2380   MAJOR PLANNING APPLICATIONS – APPLICATION 2015/0025 – SCUNTHORPE UNITED FOOTBALL CLUB – With regard to excepted portion (a) it was –

Moved by Councillor N Sherwood and seconded by Councillor Allcock –

That the minute be received.
Motion Carried

2381   APPLICATION FOR A LAWFUL DEVELOPMENT CERTIFICATE – With regard to excepted portion (b) it was –

Moved by Councillor N Sherwood and seconded by Councillor Allcock –

That the minute be received.

Motion Carried

2382   LICENSING COMMITTEE – Resolved – That the minutes of the meetings of the Licensing Committee held on 18, 24 and 26 November, 3 and 11 December 2014, 15 and 19 January, 17 and 30 March and 16 April 2015 be received.

2383   AUDIT COMMITTEE – Resolved – That the minutes of the meetings of the Audit Committee held on 22 January and 14 April 2015 be received.

2384   STANDARDS COMMITTEE – Resolved – That the minutes of the meetings of the Standards Committee held on 27 November 2014 and 25 March 2015 be received.

2285   HEALTH AND WELLBEING BOARD – Resolved – That the minutes of the meetings of the Health and Wellbeing Board held on 16 September and 9 December 2014 be received.

2386   PLACES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Places Scrutiny Panel held on 3 and 16 December 2014, 13 January, 10 and 25 February and 4 March 2015 be received with the exception of minute 432.

2387   POLICE AND CRIME COMMISSIONER FOR HUMBERSIDE – With regard to accepted portion (a) it was –

Moved by Councillor Evison and seconded by Councillor Gosling –

That the minute be received.

Motion Carried

2388   PEOPLE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the People Scrutiny Panel held on 25 November, 16 December 2014 and 17 February 2015 be received with the exception of minute 301.

2389   SCRUTINY REVIEW – CARE HOMES IN NORTH LINCOLNSHIRE – With regard to excepted portion (a) it was –

Moved by Councillor Marper and seconded by Councillor Collinson –

That the minute be received.

Motion Carried

2390   CORPORATE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Corporate Scrutiny Panel held on 4 and 18 December 2014, 15 January, 5 and 26 February, 19 March and 9 April 2015 be received with the exception of minute 318.

2391   INDIVIDUAL ELECTORAL REGISTRATION – With regard to excepted portion (a) it was –

Moved by Councillor Robinson and seconded by Councillor Bainbridge –

That the minute be received.

Motion Carried

2392   HEALTH SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Health Scrutiny Panel held on 25 November, 16 December 2014, 26 January, 2 and 17 February and 2 April 2015 be received.

At this point in the meeting the Assistant Director Legal and Democratic referred to the Notice of Motion to be debated relating to Tata Steel.  He also referred to the importance of this matter and indicated that any members who believed they had a Disclosable Pecuniary Interest in it should declare this and take no part in the debate or vote and should leave the meeting whilst the debate was taking place.

However he also indicated that he, as the Council’s Monitoring Officer, had been authorised by the Council to grant dispensations to members where he considered that without the dispensation the number of members prohibited from participating in the business would be so great it would impede the transaction of the business.  On this basis he had therefore granted a dispensation to all members of the council under his e-mail of 11 June, 2015 who had declared a personal and or prejudicial interest in the matter to enable them to participate in the debate.

Following this Councillor T Gosling who had previously declared a Disclosable Pecuniary Interest (DPI) in the Notice of Motion on Tata Steel withdrew from the Council Chamber whilst the debate was taking place and took no part in the discussion or voting thereon.

2393   NOTICE OF MOTION – TATA STEEL

Moved by Councillor Collinson and seconded by Councillor L Foster –

“As Tata Steel long products division is to become a standalone business unit, and to give the business and its 4000 employees and wider contract related workforce, many of whom live in North Lincolnshire, a greater chance of success, we the Labour Group call on North Lincolnshire Council to consider granting Long Products UK, on application and subject to policy and legal requirements, the maximum business rate relief allowable for the financial year 2015.”

Moved by Councillor Mrs Redfern and seconded by Councillor Waltham as an amendment –

“This council continues to work to support all businesses across North Lincolnshire, whether they are new start-ups, established businesses such as Tata Steel or developing businesses and in so doing endeavours to support their workforce, sub-contractors and wider supply chain where practicable.

In addition, this council, whilst mindful of state aid rules, remains committed to raising the prosperity and economic growth of all businesses across North Lincolnshire and will examine applications for support, including business rate relief, on a case by case basis.

Furthermore, this council welcomes an EU referendum which may ensure that all businesses are placed on a more equal footing.”

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the amendment are as follows –

FOR:   Councillors Allcock, Armiger, Briggs, Clark, J Davison, England, T Foster, Glover, Hannigan, Longcake, Mumby-Croft, Ogg, Poole, Mrs Redfern, Reed, Robinson, Rose, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham and Wells.

AGAINST:  Councillors Ali, Armitage, Bainbridge, Carlile, Collinson, Ellerby, L Foster, Godfrey, Kataria, Oldfield, Perry and Wilson

ABSTAINING:  Nil

Amendment Carried

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the substantive motion are as follows –

FOR:   Councillors Allcock, Armiger, Briggs, Clark, J Davison, England, T Foster, Glover, Hannigan, Longcake, Marper, Mumby-Croft, Ogg, Poole, Mrs Redfern, Reed, Robinson, Rose, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham and Wells.

AGAINST:   Nil

ABSTAINING:   Councillors Ali, Armitage, Bainbridge, Carlile, Collinson, Ellerby, L Foster, Godfrey, Kataria, Oldfield, Perry and Wilson.

Substantive Motion Carried

2394   NOTICE OF MOTION – ASPIRATION AND OPPORTUNITY

Moved by Councillor Mrs Redfern and seconded by Councillor Waltham –

“This Council pledges to continue the work to raise aspiration and opportunity across the whole of North Lincolnshire and to strive to further raise attainment, improve skills and secure better paid jobs and continue to improve the economy and wellbeing of North Lincolnshire residents and in so doing disapproves of any form of campaigning that seeks to detract from these aims and aspirations.”

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the motion are as follows –

FOR:   Councillors Allcock, Armiger, Briggs, Clark, J Davison, England, T Foster, Glover, Hannigan, Longcake, Marper, Mumby-Croft, Ogg, Poole, Mrs Redfern, Reed, Robinson, Rose, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham and Wells.

AGAINST:  Nil

ABSTAINING:  Councillors Ali, Armitage, Bainbridge, Carlile, Collinson, Ellerby, L Foster, Godfrey, Gosling, Kataria, Oldfield, Perry and Wilson.

Motion Carried