Agenda and minutes

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

Contact: Rachel Wilson  Democratic Services Officer

Items
No. Item

1.

To elect the Chairman of the County Council for the ensuing year

Minutes:

On the nomination of Councillor M J Hill OBE, seconded by Councillor D McNally, and being no other nominations, it was

 

RESOLVED

 

            That Councillor T M Trollope-Bellew be elected as Chairman of the             County Council for the year 2016/17.

 

Councillor Trollope-Bellew signed the declaration of acceptance of office, was invested with the Chain of Office by the immediate past Chairman, took the Chair and thanked the Council for electing him.

 

COUNCILLOR T M TROLLOPE-BELLEW IN THE CHAIR

 

CHAIRMAN'S LADY

 

Councillor Rosemary Woolley was invested with the Chairman's Lady's Chain of Office.

 

IMMEDIATE PAST CHAIRMAN

 

The Chairman presented a past Chairman's Badge to Councillor W S Webb.  Members of the County Council paid tribute to Councillor Webb's service to the County Council.

 

2.

To elect the Vice-Chairman of the County Council for the ensuing year

Minutes:

On the nomination of Councillor Mrs P A Bradwell, seconded by Councillor M Brookes, and there being no other nominations, it was

 

RESOLVED

 

            That Councillor A G Hagues be elected Vice-Chairman of the County Council for the year 2016/17.

 

Councillor A G Hagues signed the declaration of acceptance of office, was invested with the Vice-Chairman's Chain of Office and thanked the Council for electing him.

3.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors A Bridges, P J O'Connor, C R Oxby, Miss E L Ransome, Miss F E E Ransome, Mrs S Ransome and Mrs C A Talbot.

4.

Declarations of Councillors' Interests

Minutes:

Councillor W S Webb declared an interest in relation to agenda item 19, as the proposed Mayor would be able to have an influence in planning matters.  Councillor Webb advised that he would leave the Chamber for consideration of this agenda item.

 

It was clarified by the Chief Executive that those County Councillors who were also members of District Councils did not have a conflict of interest in relation to agenda item 19, as the report would be considered by all 10 of the councils involved, and it would be for each authority to make a decision.

 

In relation to agenda item 19, it was queried whether any councillors seeking nomination for Mayor should declare an interest in this item.  Councillors were advised that as there was no formal procedure at this time as nominations had not opened, and therefore there was nothing to declare at this time.

5.

Minutes of the meeting of the Council held on 19 February 2016 pdf icon PDF 203 KB

Minutes:

RESOLVED

 

            That the minutes of the meeting held on 19 February 2016 be signed         by the Chairman as a correct record.

 

6.

Submission of Petitions

Minutes:

(a) Petition to Save Lincoln South Fire Station

 

In accordance with the Council's petition Scheme, Mr Dan Taylor spoke for not more than five minutes in explanation of the petition to Save Lincoln South Fire Station.

 

It was reported that the Chief Executive had determined that the petition be referred to the Executive Councillor for Fire & Rescue, Emergency Planning, Trading Standards, Equality and Diversity.

 

(b) Petition to Reinstate Whisby Waste Facility

 

In accordance with the Council's Petition Scheme, Councillor Roseanne Kirk spoke for not more than five minutes in explanation of the petition to Reinstate Whisby Waste Facility.

 

It was reported that the Chief Executive has determined that the petition be referred to the Executive Councillor for Waste and Recycling.

7.

Chairman to signify the appointment of Chairman's Chaplain

Minutes:

The Chairman informed the Council that the Reverend Martin Brebner OBE had kindly agreed to act as Chaplain during his term of office.

8.

Chairman's Announcements pdf icon PDF 197 KB

Additional documents:

Minutes:

The Chairman advised member that this year's Lincolnshire Show would be held at the Lincolnshire Showground on Wednesday 22 and Thursday 23 June 2016.  It was hoped that as many members of the Council as possible would be able to attend what was always an enjoyable event.  All members should have received an e-mail from the Civic Officer inviting them to take part in "Meet Your Councillor" which gave members of the public an opportunity to meet and talk with their local councillor.  The Marquee for this would be located at the front of the County Council stand.  Members were reminded that entrance tickets to the Lincolnshire Show would only be issued to those members taking part.

 

The County Service of Dedication would this year be held at St Michael and All Angels Church, Uffington, Stamford, on Sunday, 11 September 2016.  Members of the Council would be invited to attend the Service.  The previous provisional date of Sunday 10 July 2016 could now be removed from diaries.

 

A list of civic engagements relating to the immediate past Chairman and Vice-Chairman were available from the Civic Officer.

9.

The Leader to report on Executive Portfolios and appointments to the Executive and appointments of Executive Support Councillors

Minutes:

In accordance with Article 5.02, the Leader notified the Council of the appointment to the Executive and for the purposes of part 3 (Responsibilities for Functions) the responsibilities of each Portfolio Holder.  The Leader also notified the Council of the Executive Support Councillors he had appointed in accordance with Article 5.07.

 

The Leader advised that Councillor M S Jones and P A Robinson would be stepping down from their positions on the Executive, and their positions would not be replaced.  Their portfolio responsibilities would be divided between Councillors M J Hill OBE, C N Worth and B Young.  A complete list has been attached as Appendix A to these minutes.

10.

Statements/Announcements by the Leader (Circulated as a separate document) and Members of the Executive pdf icon PDF 122 KB

Additional documents:

Minutes:

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

 

A copy of the Leader's Annual Statement was circulated separately, prior to the meeting.

11.

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) R A Renshaw

R G Davies

Street Lighting Transformation Project

 

(b) Mrs V C Ayling

C J Davie

Picnic areas

 

(c) A M Austin

R G Davies

Additional funding for potholes

 

(d) C Pain

M J Hill OB E

Serco

 

(e) P M Dilks

R G Davies

Street Lighting

 

(f) C J T H Brewis

C N Worth

GLL programme update

 

(g) Mrs N J Smith

R G Davies

Street Lighting

 

(h) Mrs J Renshaw

R G Davies

Street Lighting

 

(i) D Brailsford

Mrs P A Bradwell

Confirmation of Children's Commissioner role in Rotherham

 

(j) Mrs H N J Powell

Mrs P A Bradwell

Mental health funding

 

(k) G J Ellis

M J Hill OBE

PCC Role

 

(l) R L Foulkes

R G Davies

Broadband in rural areas

 

(m) Mrs M J Overton MBE

M J Hill OBE

Funding for 2016/17

 

 

(n) R Wootten

Mrs P A Bradwell

Current position on academisation plans

 

(o) R B Parker

R G Davies

Street lighting

 

(p) K J Clarke

C N Worth

Fire and Rescue

 

(q) C L Strange

C N Worth

Flying flags at half mast to commemorate 1 July 1916

 

(r) C  E D Mair

M J Hill OBE

Devolution

 

(s) S R Dodds

M J Hill OBE

Syrian refugees

 

(t) D C Morgan

C N Worth

Fire and Rescue

 

(u) S L W Palmer

R G Davies

Road improvements

 

(v) R C Kirk

R A Shore

Whisby waste site closure

 

(w) J D Hough

M J Hill OBE

Lincoln South Fire Station

(x) N I Jackson

R G Davies

Rail services in Lincolnshire

 

12.

Appointment of Parent Governor Representatives pdf icon PDF 96 KB

Minutes:

A report by the Director responsible for Democratic Services had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the appointment of Mrs Patricia Barnett and Dr Emile van der Zee as Parent Governor Representatives be noted.

13.

Political balance on Committee's and Sub-Committees and allocation of places to political groups pdf icon PDF 94 KB

Additional documents:

Minutes:

A report by the Director responsible for Democratic Services has been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That the change in the number of councillors on the Council since the last review be noted;

 

2.    That Appendix A of the report be adopted as the amended political balance of committees, sub-committees and outside bodies;

14.

Appointment of Chairmen and Vice-Chairmen of Committees and Sub-Committees (Except the Lincolnshire Health and Wellbeing Board, the Health Scrutiny Committee for Lincolnshire and the Bourne Town Hall Trust Management Committee) pdf icon PDF 88 KB

Minutes:

A report by the Director responsible for Democratic Services has been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the appointment of Chairmen and Vice-Chairmen of Committee and Sub-Committees be considered and approved.

15.

Calendar of Meetings 2016/17 pdf icon PDF 85 KB

Additional documents:

Minutes:

A report by the Director responsible for Democratic Services has been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the calendar of meeting dates 2016/17, as shown in Appendix A of the report be approved, subject to the addition of a Community and Public Safety Scrutiny Committee on 14 December 2016 at 10.00am.

16.

Appointment to Outside Bodies pdf icon PDF 87 KB

Additional documents:

Minutes:

A report by the Director responsible for Democratic Services had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That the appointments to outside bodies, as circulated as Schedule 3 with the Order of Proceedings, be approved.

2.    That the appointment of Councillor R A H McAuley as a substitute member on the South East Lincolnshire Joint Strategic planning Committee be agreed.

 

(It was also noted that Councillor Mrs L A Rollings had been appointed as a member of the Health Scrutiny Committee for Lincolnshire for West Lindsey District Council in place of Councillor D B Bond)

17.

Executive Decision - Rule 17 (Special Urgency) pdf icon PDF 99 KB

Minutes:

A report by the Leader of the Council had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That Council note the report.

18.

Overview and Scrutiny Annual Report 2015-2016 pdf icon PDF 94 KB

Additional documents:

Minutes:

A report by the Director responsible for Democratic Services had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the Overview and Scrutiny Annual report for 2015-16 be approved.

19.

Monitoring Officer's Annual Report 2015-16 pdf icon PDF 97 KB

Additional documents:

Minutes:

A report by the Monitoring Officer had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the report be received.

20.

Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies pdf icon PDF 135 KB

Additional documents:

Minutes:

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

 

It was moved, seconded and

 

RESOLVED

 

That the Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies document incorporating the Main Modifications recommended by the Inspector and the Additional Modifications proposed by officers (as set out in Appendix B to the report) be adopted on 1 June 2016 under Section 23 of the Planning and Compulsory Purchase Act 2004.

21.

Future Use of Bourne Town Hall pdf icon PDF 158 KB

Additional documents:

Minutes:

A report by the Chief Property Officer had been circulated.

 

It was moved and seconded

 

That the Council, in its role as trustee of Bourne Town Hall, approves that:

 

1.    A preferred option be pursued of transferring ownership of Bourne Town Hall to a new or existing charity to be held on charitable trust consistent with the spirit of the original gift, in order for the Town Hall to be used for the benefit of the people of Bourne as intended by the original donor.

2.    Should the preferred option not prove to be viable then Bourne Town Hall should be disposed of with sale proceeds used for the benefit of the residents of Bourne.

3.    The Terms of Reference of the Bourne Town Hall Trust Management Committee be revised as set out in Appendix A of the report and authority be delegated to the Committee to exercise the Delegated Activities as defined in the revised Terms of Reference.

 

During debate an amendment was moved and seconded that the following words be added onto the end of recommendation 2 "….as intended by the deed of gift".  Upon being put to the vote the amendment was lost.

 

A vote was taken on the substantive motion, and it was moved, seconded and

 

RESOLVED

 

That the Council, in its role as trustee of Bourne Town Hall, approves that:

 

1.    A preferred option be pursued of transferring ownership of Bourne Town Hall to a new or existing charity to be held on charitable trust consistent with the spirit of the original gift, in order for the Town Hall to be used for the benefit of the people of Bourne as intended by the original donor.

2.    Should the preferred option not prove to be viable then Bourne Town Hall should be disposed of with sale proceeds used for the benefit of the residents of Bourne.

3.    The Terms of Reference of the Bourne Town Hall Trust Management Committee be revised as set out in Appendix A of the report and authority be delegated to the Committee to exercise the Delegated Activities as defined in the revised Terms of Reference.

 

 

The meeting adjourned for lunch at 12.55pm

 

The meeting resumed at 2.05pm

22.

Devolution - Governance Review and Draft Scheme pdf icon PDF 133 KB

Additional documents:

Minutes:

A report by the Chief Executive had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That Council endorse the signing of the Greater Lincolnshire Devolution Document Agreement by the Leader of the Council and delegates authority to the Chief Executive to engage in negotiations with Government regarding the potential devolution of further powers, with responsibilities and resources.

 

2.    That the contents of the Greater Lincolnshire Governance Review, attached at Appendix A of the report be noted.

 

3.    That, on the basis of the Governance Review, the Council concludes that the establishment of a Mayoral Combined Authority for the Greater Lincolnshire Area would improve the exercise of statutory functions in that area.

 

4.    That the Council supports the preparation and publication of a Scheme for the establishment of a Mayoral Combined Authority for the Greater Lincolnshire Area under Section 109 of the Local Democracy, Economic Development and Construction Act 2009.

 

5.    That the Council support the publication of the draft Scheme for a Greater Lincolnshire Mayoral Combined Authority as attached as Appendix B to the report for consultation purposes, subject to such final revisions as may be approved by the Chief Executive, in consultation with the Leader, and prior to the commencement of the formal consultation exercise.

 

6.    That the outcome of the consultation exercise is submitted to the Secretary of State by the Chief Executive in consultation with the Leader.

 

7.    That Council meets no later than 20 October 2016 to consider giving consent to an Order establishing a Mayoral Combined Authority for Greater Lincolnshire.

 

8.    That insofar as any of the matters referred to in the report concern of non-executive functions, authority is delegated to the Chief Executive, in consultation with the Leader, to take all necessary steps and actions to progress the recommendations detailed in the report.

 

9.    That further reports be presented to Council and the Executive as appropriate as the devolution process develops.

23.

Electoral Review of Lincolnshire - Update pdf icon PDF 92 KB

Minutes:

A report by the Director responsible for Democratic Services had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

1.    That Council note the launch of a further period of limited consultation in North Kesteven, South Holland, South Kesteven and West Lindsey.

 

2.    That Council delegate to the Chief Executive, in consultation with Group Leaders, any Council response to the further period of limited consultation in these four district areas.

24.

Changes to the Constitution pdf icon PDF 109 KB

Minutes:

A report by the Monitoring Officer had been circulated.

 

It was moved, seconded and

 

RESOLVED

 

That the changes to the Constitution attached as Appendix A to the report be approved.

25.

Motions on Notice Submitted in Accordance with the Council's Constitution

Minutes:

(1) Motion by Councillor R B Parker

 

It was moved and seconded that:

 

This council notes in relation to the Serco contract for the delivery of back office services that

  • since 1st April 2015 because of the failure of Serco to deliver services as specified in the contract there have been serious operational  difficulties which have caused problems for the citizens of Lincolnshire, our Local Authority schools, organisations we trade with and which supply us with vital services,  and our staff
  • as a consequence the reputation of the County Council has suffered severely because we as the local authority and as a fair trader and as a good employer have to take responsibility for the failures of our contractors
  • at the end of February 2016 when the last report was received by the Value for Money Committee, 9 of the 43 Key Performance Indicators which measure the delivery of services under the contract were still not being met by Serco
  • as a consequence of Serco’s failure to meet the terms of the contract, service credits amounting to just under £1.2m have  been repaid by Serco since April 2015
  • at the present date there is no clear indication when all Key Performance Indicators and other projects not being met, will be met.

 

Accordingly this council expresses its serious dissatisfaction with the delivery of the back office services contract by Serco and resolves

  • to ask the Chief Executive to begin at once a review using independent specialists to examine all aspects of the drawing up and implementation of the contract between Serco and the County Council. Three particular areas to include

1)    whether it was reasonable to expect there to be a smooth transfer of responsibilities from Mouchel  to Serco and a shift from one IT system, SAP to Agresso, at the same time – 1 April 2015 - and

2)    whether the contract as drawn up was too large for the County Council to exit from without very serious ongoing difficulties thereby restricting the council’s freedom of movement and

3)    whether Serco and the County Council had sufficient specialist staff in place in the right numbers to handle their respective responsibilities during the run-up to and from 1 April 2015

  • to ask the Chief Executive to explore all options available to the County Council to bring an end to the contractual relationship between Serco and the County Council within the terms of the contract
  • to bring a report back to the next full council meeting in September to enable the Council to make recommendations to the Executive.

 

An amendment was moved and seconded as follows:

 

This council continues to be concerned and disappointed by the delivery of some services by Serco and the impact this is having on

·         the citizens of Lincolnshire,

·         our Local Authority schools,

·         organisations we trade with and which supply us with vital services

·         our staff

·         operations of the County Council.

This Council acknowledges that Serco has made progress in improving service delivery and looks forward  ...  view the full minutes text for item 25.

 

 
 
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