Agenda and minutes

County Council - Wednesday, 27 September 2017 2.00 pm

Venue: Council Chamber

Contact: Mo Seedat - Tel: 0116 305 6037  Email: mo.seedat@leics.gov.uk

Items
No. Item

Webcast.

19.

Chairman's Announcements.

Minutes:

Mr Tony Kershaw

 

The Chairman reported the death of former County Councillor, Mr Tony Kershaw.  He had served on the County Council representing the Quorn and Barrow upon Soar Electoral Division from 2001 to 2017 and served as Chairman of the County Council from 2008 to 2009. 

 

He had spent two years as a Cabinet Support Member before becoming a member of the Cabinet from 2005 to 2007, with Lead Member responsibilities for Access to Services, Communication and Consultation.  He had been a Cabinet Member again from 2009 to 2011, where he had been Lead Member for Waste.  He had been a Scrutiny Commissioner from 2011 to 2013, where his role had included chairing the Budget and Performance Monitoring Scrutiny Panel.  During 2013 to 2014 he had been Chairman of the Environment and Transport Overview and Scrutiny Committee.  From 2015 until 2017 he had been Chairman of the Corporate Governance Committee.

 

Mr David Inman

 

The Chairman reported the death of former County Councillor Mr David Inman.  Mr Inman had served on the County Council representing the Hinckley No. 3 (Burbage) Electoral Division from 1973 to 1977.  He had served on the Environment Committee and the Public Protection Committee.

 

The Chairman invited Members to join her in silent tribute to Mr Kershaw and Mr Inman.

 

Phil Crossland

 

The Chairman reported that Phil Crossland had recently retired from the County Council.

 

Phil had joined the County Council as Director of Environment and Transport in 2013 and had made an enormous contribution to the operation of the Council.  His customer focussed approach had put Leicestershire residents at the heart of how the Department delivered its services.  More recently Phil had been instrumental in representing Leicestershire within Midlands Connect, which had placed Leicestershire firmly at the forefront of the development of major transport proposals for the area.

 

The Chairman asked all Members to join her in wishing Phil Crossland a long and happy retirement.

 

Visitors

 

The Chairman welcomed to the meeting all visitors and guest of Members and anyone who was viewing the meeting via the webcast.

 

20.

Minutes of the Extraordinary Meeting. pdf icon PDF 184 KB

Minutes:

It was moved by the Chairman, seconded by Mr O’Shea and carried:-

 

“That the minutes of the Extraordinary meeting of the Council held on 28th June 2017, copies of which have been circulated to members, be taken as read, confirmed and signed.”

 

21.

Minutes of the Ordinary Meeting. pdf icon PDF 229 KB

Additional documents:

Minutes:

It was moved by the Chairman, seconded by Mr O’Shea and carried:-

 

“That the minutes of the Ordinary meeting of the Council held on 28th June 2017, copies of which have been circulated to members, be taken as read, confirmed and signed.”

 

22.

Declarations of Interest.

Minutes:

The Chairman invited members who wished to do so to make declarations of interest in respect of items on the agenda for the meeting.

 

All Members declared a personal interest in the report of the Independent Remuneration Panel on Member Allowances (minute 26(b) refers).

 

Mr S Sheahan CC declared a personal interest in the Notice of Motion on the National Joint Council pay claim as a member of Unison (minute 27(a) refers) and a disclosable pecuniary interest in the Notice of Motion on the electrification of the Midland Mainline (minute 27(b) refers) as his house was in the rural support zone for HS2.  Mr Sheahan undertook to leave the Chamber during discussion on the latter item.

 

 

23.

Questions asked under Standing Order 7(1)(2) and (5).

Minutes:

(A)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“What progress has been made on the Combined Authority bid?”

 

Mr Rushton replied as follows:-

 

“The submission remains with the Department for Communities and Local Government.”

 

(B)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“Will Leicestershire County Council be following Derbyshire’s lead in removing the CEO post and saving around £250,000 per year?”

 

Mr Rushton replied as follows:-

 

“No.”

 

(C)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“In the recent edition of ‘Leicestershire Matters’ it mentions a £355 million boost for roads and transport.  How much of this £355 million has been secured?”

 

Mr Pain replied as follows:-

 

As the article states “We have road and transport projects worth £355 million on the way, some of which have already secured funding”.  This breaks down as:

 

-       £31m grant funding and developer contribution paid*

 

-       £49m developer contribution agreed*

 

-       £105m current bid submission*

 

-       £137m for major schemes that would be delivered by partners (Network Rail and Highways England)

 

-       £33m worth of schemes* will be developed with bids submitted as and when appropriate funding schemes emerge

 

*County Council schemes

 

(D)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“Did Leicestershire County Council officers make any contribution (formal or informal) to the deliberations of the Remuneration Panel?  And if so, what was that contribution?”

 

Mr Rushton replied as follows:-

 

“Yes in the form of an information and options paper.  In accordance with the usual procedures a copy was provided to each Group Leader prior to submission to the Panel.”

 

(E)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“How many FTE Librarians are currently employed by Leicestershire County Council?”

 

Mr Blunt replied as follows:-

 

“6.3 FTE professionally qualified librarians.”

 

(F)    Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“Does Leicestershire County Council monitor the financial health of Care Home providers it uses for its placements?”

 

Mr Blunt replied as follows:-

 

“Yes.”

 

(G)   Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“At the Cabinet meeting on the 23rd June this year, an agenda item was a paper on District Council collection of council tax.

 

(a)        What was the response from the Districts to the proposed review?

 

(b)        Leicester City’s collection rate is only 97% (worse than any Leicestershire District).  As this seriously affects the collection for Leicestershire’s Police and Fire Services, was the proposed review offered to the City as well?”

 

Mr Rhodes replied as follows:-

 

“(a)   The County Council proposed to pay for a review of council tax that covered the following themes:

           Policy – do the current principles allow the optimum level of council tax to be billed?

           Collection – do the current operational processes and arrangements allow collection of billed amounts to be maximised?

           Planning – can the accuracy of forecasts be improved?

 

The Cabinet report provided detailed evidence to support the need for such a review and the review was supported by both the Leicestershire Police and Crime Commissioner and the Leicestershire, Leicester and Rutland Fire and Rescue Service.

 

All District Treasurers nevertheless rejected the idea of such a review, which is disappointing given the extremely tight financial position being faced by the County Council, and other preceptors, and the fact that in a few years council tax will generate over £300m of income for the County Council. As such it is important that council tax is collected as efficiently and effectively as  ...  view the full minutes text for item 23.

24.

Position statements under Standing Order 8. pdf icon PDF 204 KB

Minutes:

The Leader gave a position statement on the following matters:-

 

·       Fair funding;

·       Corporate Asset Investment Fund Strategy;

·       Visit to Leicestershire by Sichuan Vice-Governor;

·       Midlands Engine and Midlands Connect;

·       Strategic Growth Plan;

·       Welfare Reform;

·       Loughborough University and the 2017 School Games;

·       Historic Child Sexual Abuse;

·       Birkett House Special School.

 

A copy of the position statement is filed with these minutes.

25.

Report of the Cabinet.

25a

Leicestershire Minerals and Waste Local Plan. pdf icon PDF 136 KB

Additional documents:

Minutes:

It was moved by Mr Rushton, seconded by Mrs Posnett and carried:-

 

“(a)     That the Proposed Changes to the pre-submission draft Minerals and Waste Local Plan attached as Appendix A to the report be published for consultation as amendments to the document to be submitted to the Secretary of State for Communities and Local Government in accordance with the requirements of the Town and Country Planning (Local Planning) (England) Regulations 2012 and subsequently to be submitted to the Secretary of State;

 

(b)      That the Chief Executive, following consultation with the Cabinet Lead Member, to make such minor adjustments to the Pre-Submission Plan or accompanying documents as he considers necessary, including changes considered appropriate in response to the consultation on the Proposed Changes and issues raised by the Planning Inspector post-submission).”

 

25b

Local Code of Corporate Governance. pdf icon PDF 290 KB

Additional documents:

Minutes:

It was moved by Mr Rushton, seconded by Mr Liquorish and carried:-

 

“That the revised Code of Corporate Governance referred to in Section B of the report of the Cabinet, be approved.”

 

 

26.

Report of the Constitution Committee.

26a

Annual Review of the Constitution. pdf icon PDF 276 KB

Additional documents:

Minutes:

It was moved by Mr Rushton, seconded by Mr Galton and carried:-

 

Motion 1

 

(a)      That the proposed changes to the Constitution, as set out in Appendix 1 to this report, other than those which relate to Standing Orders (the Meeting Procedure Rules), be approved;

 

Motion 2 – Procedural Motion in accordance with Standing Order 37

 

(b)      That the changes to Standing Orders (The Meeting Procedure Rules), as set out in Appendix 1 to the report of the Constitution Committee, be approved.”

 

(NOTE:- Standing Order 37 requires that this procedural motion, having been moved and seconded, stands adjourned until the next ordinary meeting of the Council.)

 

26b

Report of the Independent Remuneration Panel on Member Allowances. pdf icon PDF 276 KB

Additional documents:

Minutes:

During the discussion on this matter, Mr Charlesworth made comments which questioned the independence of the members of the Remuneration Panel.  The Chairman invited Mr Charlesworth to withdraw the remarks and apologise.  Mr Charlesworth refused to do so.

 

It was moved by Mr Rushton, seconded by Dr Feltham and carried:-

 

“(a)     That all Members of the County Council be required to prepare and submit an Annual Report for publication on the County Council’s website by June 2018;

 

(b)      That Group Leaders and Group Whips be responsible for ensuring that all Members of their Groups complete and submit an Annual Report; (The Panel intends to reconvene in the autumn of 2018 to review the outcome of this recommendation.)

 

(c)      That the Panel recommends to Council that the Basic Allowance for all Members be set at a level of £10,691 with effect from 1st October 2017;

 

(d)      That a Special Responsibility Allowance should be payable to the Deputy Chairmen of Scrutiny Committees and the Deputy Chairman of the Development Control and Regulatory Board and that the level be set at £2,000 per annum with effect from 1st October 2017;

 

(e)      That allowances be payable to the Group Whips with effect from 1st March 2018 at the following rates, £59.00 per member, and that it be noted that the allowance level will be reviewed at the Panel’s next meeting:-

 

Conservative Group                    £2,124.00

Labour Group                             £354.00

Liberal Democrat Group              £767.00;

 

(f)       That the Opposition Group Leader allowances be calculated at a level of £684.00 per member with effect from 1st October 2017:-

 

Liberal Democrat Group Leader             £8, 892

Labour Group Leader                            £4,104;

 

(g)      That any Member in receipt of more than one Special Responsibility Allowance should be able to claim all allowances in full;

 

(h)      That Basic and Special Responsibility Allowances be increased on an annual basis, from 1st April 2018, for a four year period in line with the Local Government Employee Pay Award;

 

(i)       That the current levels of Travel and Subsistence allowances remain unchanged.”

 

(A number of members indicated that they would not wish to take the revised allowance and would renunciate.)

 

27.

To consider the following notices of motion:

27a

National Joint Council (NJC) pay claim.

“a)       That this Council

 

                    i.          notes the National Joint Council (NJC) pay claim for 2018, submitted by UNISON,GMB and Unite on behalf of council and school workers and calls for the immediate end of public sector pay restraint with claims referred to an appropriate sector pay review body;

 

                  ii.          recognises the sacrifice made by public sector workers during seven years of wage restraint and the ongoing cuts to local government funding and calls on the Government to provide additional funding to fund a decent pay rise for NJC employees and the pay spine review.

 

b)         That this Council therefore resolves to:

 

                    i.          call immediately on the LGA to make urgent representations to the Government to fund the NJC claim and the pay spine review and notify us of their action in this regard;

 

                  ii.          write to the Prime Minister and Chancellor seeking additional funding to fund a decent pay rise and the pay spine review;

 

                 iii.          meet with local NJC union representatives to discuss the pay claim and the pay spine review.”

 

Minutes:

It was moved by Dr Eynon and seconded by Mrs Newton:-

 

“(a)     That this Council:

 

          i.         notes the National Joint Council (NJC) pay claim for 2018, submitted by UNISON,GMB and Unite on behalf of council and school workers and calls for the immediate end of public sector pay restraint with claims referred to an appropriate sector pay review body;

 

          ii.        recognises the sacrifice made by public sector workers during seven years of wage restraint and the ongoing cuts to local government funding and calls on the Government to provide additional funding to fund a decent pay rise for NJC employees and the pay spine review.

 

(b)      That this Council therefore resolves to:

 

          i.         call immediately on the LGA to make urgent representations to the Government to fund the NJC claim and the pay spine review and notify us of their action in this regard;

 

          ii.        write to the Prime Minister and Chancellor seeking additional funding to fund a decent pay rise and the pay spine review;

 

          iii.       meet with local NJC union representatives to discuss the pay claim and the pay spine review.”

 

An amendment was moved by Mr Rhodes and seconded by Mr Shepherd:-

 

“That the motion be amended to read as follows:-

 

‘(a) That this Council:-

 

          i.        notes the National Joint Council (NJC) pay claim for 2018, submitted by UNISON,GMB and Unite on behalf of council and school workers and calls for the immediate end of public sector pay restraint with claims referred to an appropriate sector pay review body;

 

          ii.        notes the sacrifice made by public sector workers during seven years of wage restraint and the ongoing cuts to local government funding;

 

          iii.       calls on the Government to fully fund any agreed pay rise for NJC employees and the pay spine review to avoid further reductions in services.’ ”

 

The amendment was put and carried, 46 members voting for the amendment and 7 against.

 

The substantive motion was put and carried unanimously.

 

27b

Electrification of the Midland Mainline.

 

“That this Council:-

 

(a)          Regrets the decision of the Secretary of State for Transport to cancel the electrification of the Midland Mainline (MML) beyond Kettering;

 

(b)          Notes the benefits of electrification as set out in Network Rail’s document “Upgrading the Midland Main Line” which includes more capacity, improved reliability, quieter and more environmentally friendly trains, with a low carbon footprint;

 

(c)          Notes that the business case for MML electrification remains strong and is essential for HS2 integration and the delivery of classic compatible services connecting Leicestershire with the Northern Powerhouse cities;

 

(d)          Further notes that around £20 million has already been spent preparing for MML electrification in Leicestershire with line and station improvement works at Market Harborough already completed; 

 

(e)          Notes that diesel fuel is associated with air polluting particles PM 2.5 and therefore does not offer the benefits of improved air quality that electric trains do;

 

(f)           Believes it to be in the interests of Leicestershire that the Government reinstates its commitment to full electrification of the Midland Mainline to maximise the benefits this will bring to jobs, economic growth and future prosperity; and

 

(g)          Authorise the Chief Executive to write to all Leicestershire’s MPs to seek their support.”

Minutes:

Mr Sheahan CC having declared a disclosable pecuniary interest in this matter left the Chamber and therefore took no part in the discussion.

 

It was moved by Mr Mullaney, seconded by Mr Bill and carried unanimously:-

 

“That this Council:-

 

(a)      regrets the decision of the Secretary of State for Transport to cancel the electrification of the Midland Mainline (MML) beyond Kettering;

 

(b)      notes the benefits of electrification as set out in Network Rail’s document “Upgrading the Midland Main Line” which includes more capacity, improved reliability, quieter and more environmentally friendly trains, with a low carbon footprint;

 

(c)      notes that the business case for MML electrification remains strong and is essential for HS2 integration and the delivery of classic compatible services connecting Leicestershire with the Northern Powerhouse cities;

 

(d)      further notes that around £20 million has already been spent preparing for MML electrification in Leicestershire with line and station improvement works at Market Harborough already completed;

 

(e)      notes that diesel fuel is associated with air polluting particles PM 2.5 and therefore does not offer the benefits of improved air quality that electric trains do;

 

(f)       believes it to be in the interests of Leicestershire that the Government reinstates its commitment to full electrification of the Midland Mainline to maximise the benefits this will bring to jobs, economic growth and future prosperity; and 

 

(g)      authorises the Chief Executive to write to all Leicestershire’s MPs to seek their support.”