Agenda and minutes

Venue: Council Chamber, County Offices, Newland, Lincoln LN1 1YL

Contact: Rachel Wilson  Democratic Services Officer

Items
No. Item

21.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors M G Allan, Mrs J Brockway, J R Hicks, N M Murray, S L W Palmer, Miss E L Ransome, Mrs S Ransome and Mrs L A Rollings.

22.

Declarations of Councillors' Interests

Minutes:

There were no declarations of Councillor interests at this point in the meeting.

23.

Minutes of the meeting of the Council held on 16 May 2014 pdf icon PDF 154 KB

Additional documents:

Minutes:

RESOLVED

 

            That the minutes of the meeting held on 16 May 2014 be agreed and         signed by the Chairman as a correct record.

 

It was reported that since the last meeting, Mr Clive Mason had been appointed as the Council's Independent Person, following the delegation to the Monitoring Officer approved at the last meeting of this Council on 16 May 2014 (minute 18 refers).

 

 

24.

Submission of Petitions

Minutes:

Petition requesting pedestrian crossings at Thurlby and Northorpe Junctions of the A15

 

In accordance with the Council Petition Scheme, Mr Barry Dobson spoke for not more than five minutes in explanation of the petition requesting pedestrian crossings at Thurlby and Northorpe Junctions of the A15.

 

As this petition had surpassed the threshold number of signatures required to trigger a debate, a debate lasting 15 minutes took place.  Councillors were invited to debate the petition.

 

It was reported that the Chief Executive had determined that the petition would be referred to the Executive Councillor for Highways, Transport and IT.

25.

Chairman's Announcements

Minutes:

The Chairman welcomed Councillors back following the summer recess

 

The Chairman reported that civic engagements since the last Council meeting had been varied and gave him the opportunity to continue visiting places within Lincolnshire and some further afield. 

 

The Chairman's Lady was thanked for supporting the Chairman on these engagements and also the Vice-Chairman and Lady, Councillor William and Jane Webb, and immediate past Chairman and Lady, Councillors Ray and Linda Wootten, for providing representations at civic functions when the Chairman had been unable to attend.

 

It had been an honour to welcome Her Royal Highness The Princess Royal to the County in July when she had visited the Gelder Group in Sturton by Stow. Her Royal Highness had also gone on to view the Restoration Project at Boston Stump.

 

The Chairman was also delighted to represent the County Council at the 130th Lincolnshire Show which had proved very popular and attracted many visitors to the County.  The Chairman had also been in attendance at an extremely moving World War 1 Commemoration Service in Lincoln Cathedral.

 

He was also pleased to host the Annual Lincolnshire County Council Service of Dedication held in Lincoln Cathedral. The Service was followed by a reception in the Chapter House and Cloisters, which the Chairman and Lady had thoroughly enjoyed.  It had been an honour to have the Lincolnshire Youth Symphony Orchestra performing at the Service and it had been a day which would be remembered with pride.

 

The RAF Waddington International Air Show had once again been a huge success drawing thousands of visitors to Lincolnshire. 

 

Last month the Chairman and Lady had attended the official turf cutting ceremony for the International Bomber Command Memorial in Lincoln and had been delighted to be present at RAF Coningsby where the Crew of the Canadian Lancaster had been welcomed when it touched down after its momentous flight.

 

The Chairman expressed gratitude to officers in Economic Development for organising a Technology Seminar at Morton’s Media in Horncastle for businesses from throughout Lincolnshire to show the capabilities of the Hi-Tec 3D lasers and printers including creating a bust of the Chairman.

 

The Chairman advised that a complete itinerary of civic engagements, since the last meeting of this Council, was available from the Civic Officer on request.

 

26.

Statements/Announcements by the Leader and Members of the Executive pdf icon PDF 60 KB

Additional documents:

Minutes:

Statements by the Leader and Members of the Executive had been circulated with the agenda.

27.

Questions to the Chairman, the Leader, Executive Councillors, Chairman of Committees and Sub-Committees

Minutes:

Questions pursuant to Council Procedure Rule 10.3 were asked and answered as follows:

 

Question By

 

Answered By

Subject

(a) M Brookes

R G Davies

Road works in Boston

 

(b) Mrs J Renshaw

Mrs P A Bradwell

Care provision for blind/deaf residents

 

(c) Mrs M J Overton MBE

C N Worth

Consideration of alternative library proposals

 

(d) P M Dilks

C N Worth

Information requested by Greenwich Leisure Ltd

 

(e) A M Austin

R G Davies

Request for the Executive Councillor to visit Boston to meet with businesses

 

(f) J D Hough

M J Hill OBE

Budget underspend

 

(g) J P Churchill

C N Worth

Engagement with library service volunteers

 

(h) S R Dodds

Mrs P A Bradwell

Care provision to a service user

 

(i) P Wood

C J Davie

Explanation of the services and priorities of economic development teams at County and District level

 

(j) T M Trollope-Bellew

R G Davies

Clarification regarding the consultation by Network Rail on Tallington Level crossing

 

(k) Mrs N J Smith

R G Davies

Whisby Road Roadworks

 

(l) G J Ellis

C N Worth

Sale of Boultham Library

 

(m) C Pain

C J Davie

Flood prevention work in Great Steeping

 

(n) W S Webb

R G Davies

Update on roll out of high speed broadband

 

(o) R B Parker

R G Davies

Temporary park and ride service for Lincoln

 

(p) R A McAuley

R G Davies

Funding for major road in Boston

 

(q) K J Clarke

B Young

Clarification regarding reports of Lincolnshire Police not attending all crimes

 

(r) Ms T Keywood-Wainright

Mrs P A Bradwell

Stamford Endowed School

 

(s) R Renshaw

M J Hill OBE

Cycling safety

 

(t) R Wootten

R G Davies

Grantham Relief Road start date

 

(u) N I Jackson

M J Hill OBE

Legislation regarding the sale of 'legal highs'

 

(v) C Morgan

Mrs P A Bradwell

Follow up care for people leaving hospital

 

(w) R Kirk

Mrs P A Bradwell

Mental Health provision for people over 65

 

28.

Lincolnshire Standing Advisory Council on Religious Education - Membership pdf icon PDF 384 KB

Additional documents:

Minutes:

A report by the Executive Director for Environment and Economy had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That the nomination of Dr Tanweer Ahmed (Islamic Association) to serve on Lincolnshire SACRE under Group A, Christian and other Religious Denominations, of it membership, be approved;

 

2.    That Part 4 (Representative Members), Group C, of the Lincolnshire SACRE Constitution be amended, as set out in Appendix A to the report; and

 

3.    That the nominations of Mrs Sarah Thornton and Mrs Elizabeth Moore to serve on the Lincolnshire SACRE under Group C, The Teachers Panel, of its membership, be approved.

29.

Annual Report 2013/14 pdf icon PDF 78 KB

Additional documents:

Minutes:

A report by the Chief Information and Commissioning Officer had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

            That the Final Draft Annual Report 2013/14 be approved.

30.

Financial Update pdf icon PDF 424 KB

Minutes:

A report by the Executive Director Finance and Public Protection had been circulated.

 

It was moved, and seconded

 

That the County Council:

 

1.    Note the carry forwards set out in paragraph 1.2 of the report;

 

2.    Approve the proposed carry forwards of over and underspending set out in paragraph 1.3 of the report;

 

3.    Note the transfers to and from reserves summarised in Table A of the report and position of earmarked reserves as at 31 March 2014 summarised in Table B of the report;

 

4.    Note the position in relation to general reserves set out in paragraph 1.7 and Table C of the report;

 

5.    Note performance against the Prudential Indicators for 2013/14 as set out in paragraphs 1.8 and 1.9 and Table D of the report; and

 

6.    Approve the proposed in year budget change for 2014/15 set out in paragraphs 1.10 to 1.11 of the report.

 

 

Notice of two amendments was received.

 

An amendment was moved and seconded by the Labour Group as follows:-

 

"In the High Court on 17th July the decision by the Executive on the 3rd December 2013 was quashed. This means that the decision to cut the libraries is not legally valid. Despite this there has been no move by the Conservative led administration to restore the library service to the position before 3rd December.

 

To rectify this failure the Labour Group proposes the following amendment to the Financial Update Report.

 

In paragraph 1.3 bullet point 5, replace “A transfer of £24.738m into the financial volatility reserves.” with “A transfer of £24.444m into the financial volatility reserves.”

 

The £294,000 difference will be then be available for additional revenue spending for 2014/2015. 

 

The effect of this change would reduce the financial volatility reserve from the £43.006 million as proposed in the report to £42.712 million.

 

The policy would be to use the increase in revenue funding to reinstate library access to what it was prior to the decision taken in December 2013. Following that decision there were major cuts to opening hours of virtually all our libraries and in particular there was a reduction of 40% in the opening hours of the 30 libraries threatened with closure and the loss of many mobile library stops.

 

This additional funding could not only reopen libraries but also provide for the leasing of a large new library vehicle to bring back the mobile library services that have been lost.

 

By using this money to reopen Libraries the Council would be acting legally while new consultations take place about the future of libraries and consideration is given to the Greenwich Leisure proposal.

 

The Council therefore resolves to approve the recommendations set out in the Financial Update Report with the following exceptions

 

a) to transfer £24.444m into the financial volatility reserves rather than £24.738m.

 

b) to recommend to the executive that it uses the £294,000 then available to reinstate the library service to what it was before they took the unlawful decision in December 2013."

 

An amendment was moved  ...  view the full minutes text for item 30.

31.

Review of Constitution pdf icon PDF 405 KB

Additional documents:

Minutes:

A report by the Monitoring Officer had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That the power of referral to the Secretary of State for Health be delegated to the Health Scrutiny Committee for Lincolnshire so that the amended Terms of Reference of the Health Scrutiny Committee for Lincolnshire reads as set out below:-

                       

            "To consider and respond to any consultations by any responsible             NHS   commissioner which constitute a substantial development or substantial variation in the provision of health services in             Lincolnshire, using the powers set out in the relevant health            overview        and scrutiny regulations and referring to any guidance issued by the         Secretary of State for Health.  Where there is a disagreement between            the Committee and the responsible NHS commissioner which cannot             be resolved after reasonable practicable steps and the Committee   believe that

  

     (a)       the proposed substantial variation or development would                   not be in the interests of the health service in                                            Lincolnshire; or

(b)       the arrangements put in place by the responsible NHS commissioner for consultation have not been adequate in relation to content or time allowed; or

(c)        the reasons given for not consulting by the responsible NHS commissioner are not adequate;

 

        the Committee may determine whether to refer the matter to the            Secretary of State , in accordance with the relevant health overview and       scrutiny regulations and any guidance issued by the Secretary of State for Health, taking account of any protocol agreed between the Committee         and the responsible NHS commissioner."

 

 

2.    That the recommended amendments to the Constitution contained in Appendices A and B of the report be approved and it be noted that a further report would be received by Council on the remaining parts of the Constitution at its meeting on 19 December 2014.

 

32.

Minutes of the Council's Committees:

32a

Audit Committee - 23 June 2014 pdf icon PDF 408 KB

Minutes:

RESOLVED

 

            That the minutes of the Audit Committee held on 23 June 2014 be received.

32b

Audit Committee - 21 July 2014 pdf icon PDF 398 KB

Minutes:

RESOLVED

 

            That the minutes of the Audit Committee held on 21 July 2014 be    received.

32c

Pensions Committee - 29 May 2014 pdf icon PDF 377 KB

Minutes:

RESOLVED

 

            That the minutes of the Pensions Committee held on 29 May 2014 be        received.

32d

Pensions Committee - 24 July 2014 pdf icon PDF 393 KB

Minutes:

RESOLVED

 

            That the minutes of the Pensions Committee held on 24 July 2014 be        received.

32e

Planning and Regulation - 7 July 2014 pdf icon PDF 379 KB

Minutes:

RESOLVED

 

            That the minutes of the Planning and Regulation Committee held on 7      July 2014 be received.

32f

Planning and Regulation - 28 July 2014 pdf icon PDF 404 KB

Minutes:

RESOLVED

 

            That the minutes of the Planning and Regulation Committee held on 28   July 2014 be received.

32g

Planning and Regulation - 8 September 2014 pdf icon PDF 393 KB

Minutes:

RESOLVED

 

            That the minutes of the Planning and Regulation Committee held on 8      September 2014 be received.

33.

Motions for Debate

Minutes:

Motion by Councillor Mrs V Ayling

 

It was moved, and seconded that

 

"It is proposed that.

 

This Council has no confidence in the leader, Councillor Martin Hill and the executive

This is due to their poor judgement and for wasting tax payers' money. They have shown that they are incapable of running Lincolnshire County Council if they cannot carry out a simple public consultation over the issue of our library service in Lincolnshire. This motion is put to council by request from the people of Lincolnshire who feel completely let down and deserve better.

Cllr Hill before the judicial review began said;

"We took great care over this process and I believe we have done it as well as we could have done and hopefully the judge will agree with us”.

The judge evidently disagreed with him on all counts.
As did the Community and Public Safety Scrutiny Committee, which decided that, 'The public consultation is not fit for purpose and should be cancelled'.

 

Mr Justice Collins said,

 “I have decided that the means by which the County Council decided and reached their decision was flawed, in two respects. In respect of the consultation, and of their failure to properly deal with an application by a charitable organisation [Greenwich Leisure Limited] which already ran library services for two London boroughs, Greenwich and Woolwich. I have decided that the decision made in December last year should be quashed.”

The judicial review has so far cost the Council an estimated £60,000 to £65,000 which does not include the £100,000 attributable to the consultation itself. In addition there is also the added cost of officer’s time and the legal aid given to the challenger, Mr Draper who took this case on. The figure therefore is by no means a small amount and all this expense could have been avoided.

We sincerely hope that Cllr. Hill and his executive will make a public apology, and offer their resignations for the disservice the executive have imposed on the residents of Lincolnshire.

It is proposed that:

This Council has no confidence in the leader, Councillor Martin Hill and the executive"

A recorded vote was successfully requested, and upon being put to the vote, the motion was lost.

 

Details of recorded vote taken:

 

Those voting for the motion:

 

Councillors V C Ayling, R G Fairman, D M Hunter-Clarke, R J Hunter-Clarke, C E D Mair, Mrs A Reynolds and Mrs N J Smith.

 

Those voting FOR – 7

 

Those voting against the motion:

 

Councillors B Adams, W J Aron, A M Austin, J W Beaver, Mrs P A Bradwell, D Brailsford, C J T H Brewis, A Bridges, M Brookes, J P Churchill, K J Clarke, C J Davie, R G Davies, P M Dilks, S R Dodds, G J Ellis, I G Fleetwood, A G Hagues, M J Hill OBE, J D Hough, D C Hoyes, N I Jackson, A J Jesson, M S Jones, B W Keimach, Ms T Keywood-Wainright, R C  ...  view the full minutes text for item 33.

 

 
 
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