Agenda and minutes

Council - Thursday, 29 March 2007 5:00 pm

Items
No. Item

46.

LORD MAYOR'S ANNOUNCEMENTS

Minutes:

1.            Prayers

 

            The Lord Mayor’s Chaplain, Father Jimmy Browne, opened the meeting in prayer.

 

2.            Corporate Director of Regeneration and Culture

 

            The Lord Mayor congratulated Andy Keeling on his appointment as Corporate Director of Regeneration and Culture.

 

3.         Sound System

 

            The Lord Mayor drew to the attention of Members the sound system which was currently being installed in the Council Chamber.  This meeting gave an ideal opportunity to test out at least part of the system, notably the wireless units for sound reinforcement.

 

4.            Presentation to Retiring Councillors

 

            The Lord Mayor indicated the five Members had signified that they would not be putting themselves forward again for election on 3 May.  These were Councillors, Scuplak, O’Brien, Mrs. Maw, Nurse and Renold.

 

The Lord Mayor, both on behalf of all Councillors and, more importantly, the people of Leicester, thanked them their many an varied contributions to the life of this Council and the city.  As a small memento of the Council’s thanks, the Lord Mayor presented to each of them a Certificate of Thanks.

 

At the end of the meeting, the Lord Mayor also presented to Councillor Metcalfe his Certificate of Thanks as Councillor Metcalfe had indicated, during the meeting, that he would not be standing for re-election.

 

5.         Group Photograph

 

            The Lord Mayor reminded all Members that there would be adjournment during the meeting to allow a Group Photograph of Members to be taken as this was the last meeting prior to the Elections in May 2007.

47.

DECLARATIONS OF INTEREST

Minutes:

The Lord Mayor invited Members to declare any interests they might have in the business on the agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applied to them.

 

No such declarations were made.

48.

MINUTES OF PREVIOUS MEETINGS

Minutes:

Moved by the Lord Mayor, seconded by the Deputy Lord Mayor, and carried:-

 

79.       That both the Minutes of the meetings of the Council held on 25 January 2007 and 21 February 2007, having been printed and copies sent to each Member of the Council, be taken as read and that they be approved as correct records.

49.

PETITIONS

-            Presented by Councillors

-            Presented by Members of the Public

Minutes:

PETITIONS FROM COUNCILLORS

 

Councillor Panchbhaya presented a petition with 91 signatures in the following terms:-

 

We, the undersigned, call upon the City Council to provide a mini-roundabout at the junction of Chesterfield Road and Staveley Road in order to reduce traffic speeds and improve road safety.  In addition, we would ask the Council to consider the provision of a pedestrian refuge near this junction.   

 

Councillor Panchbhaya presented a petition with 91 signatures in the following terms:-

 

We, the undersigned, call upon the Council to build a footpath link between Kedlestone Road and Dorothy Road along the western boundary of the Gwendolen Road allotments.  We are particularly concerned about improving access to Spinney Hills Primary School and local madrasses both on grounds of safety and because we believe this will lead to a reduction in travel by car and the consequent parking problems.

 

Councillor Roger Blackmore presented a petition with 32 signatures in the following terms:-

 

Views of the recent total eclipse of the moon (March 3 and 4 2007) were spoiled for many people watching it from Leicester by a ‘sky beam’  display from Eden Nightclub on Churchgate.  This particular display continues to spoil Leicester’s night sky every weekend.

 

We, the undersigned, members of the Leicester Astronomical Society, now ask Leicester City Council  to utilise its legislative powers and responsibilities as Britain’s First Environmental City to remove this obtrusive display from the city’s night sky as a matter of urgency.  Furthermore, we ask that any other such displays that may occur in future should also be shut down immediately to prevent them from spoiling the night sky over large areas of the city of Leicester in a similar manner.

 

Councillor Tessier presented a petition with 29 signatures in the following terms:-

 

We, the undersigned, call upon the Council to paint more road markings, including double yellow lines, along parts of Norfolk Street to make the road safer for pedestrians and people using Norfolk House car park.

 

Councillor Connelly presented a petition with 77 signatures in the following terms:

 

For and against paying to park outside your own home when we already pay road tax, M.O.T. and not to forget Council Tax.

 

Councillor Farmer presented a petition with 21 signatures in the following terms:-

 

The Council are currently unwilling to do anything to sort out the parking problems on Marwood Road. We felt that something should be done.  Help us put pressure on the Council by signing this petition.

 

We, the undersigned, call upon  Leicester City Council to address the parking problems in Marwood Road.

 

Moved by the Lord Mayor, seconded by the Deputy Lord Mayor, and carried:-

 

80.       “That the aforementioned petitions be referred to the Town Clerk for consideration and action as appropriate.”

 

    PETITIONS FROM MEMBERS OF THE PUBLIC

 

Ms. J. Coates  presented a petition with 1,122 signatures in the following terms:-

 

Help us to make Victoria Park a safer place for all.  Councillors, Victoria Park in its current state is unsafe. Students and the general public are in  ...  view the full minutes text for item 49.

50.

QUESTIONS

-           From Members of the Public

-           From Councillors

Minutes:

QUESTIONS FROM MEMBERS OF THE PUBLIC

 

- None -

 

QUESTIONS FROM COUNCILLORS

 

Councillor Draycott said, as the Council is the Agency now responsible for traffic enforcement, since January, could the Cabinet Lead for Regeneration and Culture please inform Council:-

 

a) what priority was Green Lane Rd (shopping area)

b) how many times had traffic wardens worked in this road

c) how many tickets they issued

 

Councillor Mugglestone:  Level 1 priorities 77 times and 14 tickets, my Lord Mayor.

 

Councillor Draycott:  The supplementary is, not good enough, Councillor Mugglestone.  A lot of people in Leicester have been very patient, Lord Mayor, in waiting for these traffic regulation order reviews to take place and there is great expectation that proper enforcement,  not just in the city centre, which is what is happening at the moment, but in the rest of the city will take place.  Will the Cabinet Lead for Regeneration and Culture assure this Council that the large profits that will be made from these parking fines, will be used to employ more traffic wardens in the city?  Thank you, Lord Mayor.

 

Councillor Mugglestone:  Thank you, my Lord Mayor.  What I would like to know is what Councillor Draycott would wish for?  Would she wish for us to be there ticketing people left, right and centre, driving customers away from Green Lane Road and the constituents go for that, how many does she want to see fined, but frankly, my Lord Mayor, since 2  January, there has been 86 working days since we took over the parking regulations.  I would have thought that 77 visits by traffic wardens to Green Lane Road itself is quite a significant commitment and, as far as will the profits from the parking fines going into expanding the traffic wardens, yes, it probably will, my Lord Mayor.  The  profits cannot go into anything else but traffic itself.  It can go into improving bus services, improving parking and improve the traffic wardens. 

 

Now I freely admit that we probably have not got enough traffic wardens to cope with the problems that we have.   Now it would have been wrong for us to set off with a hundred traffic wardens and then found out we had got too many and then said to 50 of them, I am sorry that you are being made redundant.  We have set off small and as we need to expand the service, that we will do.  We had thought, when we set off in the city centre, that people would actually take heed of the thirty pound and sixty pound fines.  It  now appears to me, my Lord Mayor, that some people are quite willing to pay this thirty pound fine as a day’s parking, so certainly it is something we have got to come back to, we have got to look at it again and see whether we can introduce tow-aways  which might deter people and allow these traffic wardens to get out into the outer areas and  ...  view the full minutes text for item 50.

51.

REPORTS OF CABINET pdf icon PDF 8 KB

Central Leicestershire Local Transport Plan 2006 to 2011 – Capital Programme 200708

Cultural Quarter Phase 2 – The New Digital Media Centre

Corporate Capital Programme 2007/08

Findings of Maladministration by the Local Government Ombudsman (Ombudsman Report 06/2002)

* Animal  Friendly Purchasing Policy

* City Centre Improvements

 

* Objection Reports

Additional documents:

Minutes:

CENTRAL LEICESTERSHIRE LOCAL TRANSPORT PLAN

2006 TO 2011 - CAPITAL PROGRAMMES 2007/08

(Decision reserved to Council)

 

At its meeting on 12 March 2007, the Cabinet considered a report on the above.

 

The Cabinet agreed the recommendations in the report.

 

The Council  was asked to approve the works for 2007/08 as set out in Appendices A and B of the report.

 

Moved by Councillor Mugglestone, seconded by Councillor Smith, and carried:-

 

82.       “That, in respect of the Central Leicestershire Local Transport Plan 2006 to 2011, Council approves the works for 2007/08 set out in Appendices A and B of the Council Report.”

 

CULTURAL QUARTER PHASE 2 - THE NEW DIGITAL MEDIA

CENTRE

(Decision reserved to Council)

 

At its meeting on 12 March 2007, the Cabinet considered a report on the above.

 

The Cabinet agreed the recommendations in the report.

 

The report was also submitted to the Economic Development and Planning Scrutiny Committee on 22 March and the relevant minute extract from that Committee had been circulated

 

The Council was asked to agree to the addition of £19.741 million to the capital programme, of which the Council's cash input would be £2.52 million.

 

Moved by Councillor Scuplak, seconded by Councillor Gill, and carried:-

 

83.       “That, in respect of the Cultural Quarter  Phase 2, the New Digital Media Centre , Council agree the addition of £19.741 million to the capital programme, of which the Councils cash input will be £2.52 million.”

 

The Council Meeting recessed for the period 6.52 p.m. to 7.16 p.m., during which time the Lord Mayor unveiled in the Tea Room a facsimile, presented by the Chairman of the County Council, Barry Garner, of the Charter, the original of which is held in the County Records Office, granted by King George V enabling the Chief Magistrate of the city of Leicester to be styled, entitled and called Lord Mayor of the City of Leicester.

 

CORPORATE CAPITAL PROGRAMME 2007/08

(Decision reserved to Council)

 

At its meeting on 12 March 2007,  the Cabinet considered a report on the above.

 

The Cabinet agreed the recommendations in the report.

 

The report was also considered by the Resources and Corporate Issues Scrutiny Committee on 15 March.  The relevant minute extract from that Committee had been circulated.

 

The report had also been submitted to the Economic Development and Planning Scrutiny Committee on 22 March and the relevant minute extract from that Committee had been circulated.

 

The Council  was asked to approve the recommendations of Cabinet to Council as detailed in the report.

 

Moved by Councillor Coley, seconded by Councillor Grant, and carried:-

 

84.       “That the City Council approve the Corporate Capital programme 2007/08 as recommended by Cabinet at their meeting on 12 March 2007.  The Administration proposes that the Council approves the Corporate Capital programme 2007/08 recommended by Cabinet on 12 March 2007, subject to the following variations:-

 

            (a) Inclusion in the programme of the initiatives to combat Crime and Disorder scheme, previously a reserve scheme, £400,000, as detailed in paragraph 4.7 of the report;

 

            (b)  ...  view the full minutes text for item 51.

52.

REPORT OF THE PROCEDURES WORKING PARTY pdf icon PDF 7 KB

Code of Practice of  Member Involvement in Development Control Decisions

Configuration of Standards and Audit Committee

Additional documents:

Minutes:

CODE OF PRACTICE ON MEMBER INVOLVEMENT IN

DEVELOPMENT CONTROL DECISIONS

(Decision reserved to Council)

 

At its meeting on 19 March 2007, the Procedures Working Party considered a report on the above.

 

The recommendations of the Procedures Working Party have been circulated.

 

An informal meeting of the Standards and Audit Committee on 28 March also considered the report and their recommendations have been circulated.

 

Moved by Councillor R.  Blackmore, seconded by Councillor Scuplak, and carried:-

 

88.       “That the updated Code of Practice for Members Involvement in Development Control Decisions, incorporating comments made by Members of the Procedures Working party at their meeting on 19 March 2007, and as circulated to all Members, be confirmed, with delegation to the Town Clerk to incorporate this revised Code of Conduct into the Council’s Political Conventions and thereby into the Council’s Constitution, and with further delegation to the Town Clerk, in consultation with the Group Leaders and Whips, to incorporate within this revised Code any further drafting changes arising from the Council consideration.”

 

AN AMENDMENT

 

Moved by Councillor Draycott, seconded by Councillor Thomas:-

 

“That the updated Code of Practice for Member Involvement in Development Control decisions be referred back to Planning and Development Control Committee and Procedures Working Party for further consideration.”

 

The Lord Mayor put the Amendment to the vote and declared it lost.

 

The Lord Mayor put the Substantive Motion to the vote and declared it carried.

 

CONFIGURATION OF STANDARDS AND AUDIT COMMITTEE

(Decision reserved to Council)

 

Following a referral from the Council at its meeting on 25 January 2007, the Procedures Working Party at its meeting on 19 March considered a report on the above. 

 

The Working Party agreed to recommend that the Committee be split as recommended in the report.

 

Moved by Councillor Garrity,  seconded by Councillor Allen, and carried:-

 

89.       “That, with immediate effect, the current Standards and Audit Committee be split into two separate Committees – the Audit Committee and Standards Committee – with Terms of Reference for each as detailed in the Council report, and with the Standards Committee chaired by one of the Independent Members appointed to that Committee.”

53.

REPORT OF SCRUTINY COMMITTEE pdf icon PDF 17 KB

Report of the Resources and Corporate Issues Scrutiny Committee

Minutes:

Moved by Councillor Willmott, seconded by Councillor Renold:-

 

“That the report to Council of the Resources and Corporate Issues Scrutiny Committee on the work it has undertaken be noted.”

 

During the debate, with the agreement of the Proposer and Seconder, Council agreed to add to the Substantive Motion the words:-

 

‘In so doing, Council agrees that, as a result of the issues identified by Resources and Corporate Issues Scrutiny Committee, it is clear that Councillors Roger Blackmore, Peter Coley, John Mugglestone and Hussein Suleman in particular are responsible for a series of mistakes, errors of judgement and incompetence that have cost the people of Leicester millions of pounds of wasted money. 

 

We call on the people of Leicester to ensure these Members never get the opportunity to serve on the Cabinet again.’ “

 

SUBSTANTIVE MOTION NOW TO READ

 

“That the report to Council of the Resources and Corporate Issues Scrutiny Committee on the work it has undertaken be noted.

 

In so doing, Council agrees that, as a result of the issues identified by Resources and Corporate Issues Scrutiny Committee, it is clear that Councillors Roger Blackmore, Peter Coley, John Mugglestone and Hussein Suleman in particular are responsible for a series of mistakes, errors of judgement and incompetence that have cost the people of Leicester millions of pounds of wasted money. 

 

We call on the people of Leicester to ensure these Members never get the opportunity to serve on the Cabinet again.“

 

The Lord Mayor put the Motion to the vote and declared it lost.

54.

CABINET AND COMMITTEES

-                      To vary the composition and fill any vacancies of Cabinet and any Committee of Council.

Minutes:

Moved by Councillor Garrity, seconded by Councillor Allen, and carried:-

 

91.       “That Mrs Sheila Brucciani be appointed as an Independent Member and Co-Chair of the Standards Committee.”

55.

NOTICES OF MOTION

The Town Clerk to report on the receipt of any petitions submitted in accordance with the Council’s procedures :

 

a)            Referred from Council 30 May 2002

 

            Gilroes Crematorium

 

            A petition with 466 signatures was presented to the Council by Councillor Gajjar in the following terms:-

 

            “We, the undersigned citizens of Leicester, deeply regret the decision of the City Council to deny the funeral service to one of the Hindu family and keep the Gilroes Crematorium closed during the Easter holidays from Friday to Monday inclusive. While the other public services were working on normally and though Saturday was not a statutory bank holiday, it is not understood why the crematorium service was not provided. This incident has caused unnecessary inconvenience and grief to the family in bereavement.

 

            Like the other faith communities we also wish to cremate our beloved dead relatives as soon as possible to enable us to carry out further religious rituals. We hope the Local Authority would understand the cultural and religious sensitivities and needs of our communities and anticipate that in future the Gilroes Crematorium will be kept open during public holidays”.

           

            Astro Turf Pitch – Sandhurst Road

 

            A petition with 84 signatures was presented to the Council by Councillor Walker in the following terms:-

 

            “This is a petition to get an astro turf pitch or sports centre on the fields on Sandhurst Road in order to give the children who live in the area somewhere to play safely and to keep them out of the way of local residents who object to them playing ball games in the street. Please sign this petition if you support the proposal to have an astro turf pitch or sports centre put on the fields.

           

The Acting Corporate Director of Cultural Services and Neighbourhood Renewal  is recommended to bring reports to Committee no later than the third ordinary meeting after the Council meeting at which the petitions were presented.<i style='mso

Minutes:

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In accordance with the provisions of Council Procedure Rule 29, the names of those Members voting for and against the Amendment were recorded as follows:-

 

FOR THE AMENDMENT

 

            Councillor Bhatti                                  Councillor John Blackmore

            Councillor Clair                                   Councillor Connelly

            Councillor Corrall                                Councillor Draycott

            Councillor Getliffe                                Councillor Kitterick

            Councillor Lloyd-Harris                       Councillor Nurse

            Councillor Shelton                               Councillor Sood

            Councillor Thomas                             Councillor Waddington

            Councillor Wann                                 Councillor Westley

            Councillor Willmott

 

AGAINST THE AMENDMENT

 

            Councillor Allen                                   Councillor Roger Blackmore

            Councillor Mrs. Chambers                  Councillor Coles

            Councillor Coley                                  Councillor Farmer

            Councillor Fitch                                   Councillor Garrity

            Councillor Gill                                      Councillor Henry

            Councillor Hunt                                   Councillor Johnson

            Councillor Karim                                 Councillor Mrs. Maw

            Councillor Metcalfe                             Councillor Mrs. Middleton

            Councillor Mugglestone                      Councillor O’Brien

            Councillor Pachbhaya                         Councillor Ramsdale

            Councillor Renold                               Councillor Saleh

            Councillor Sandringham                     Councillor Scuplak

            Councillor Seare                                 Councillor Smith

            Councillor Suleman                            Councillor Thompson

            Councillor Vincent

 

The Lord Mayor declared the Amendment lost, 17 votes for and 29 votes against.  There were two absentions.

 

The Lord Mayor put the substantive motion to the vote and declared it carried.

 

OBJECTION TO DECISION

REVENUE OUTTURN 2002/03

 

In accordance with Rule 12 of the Cabinet Procedure Rules, Councillors Willmott, (proposer), Draycott (seconder), Bhatti, Thomas and Wann, have objected to the decision of Cabinet held on 21 July 2003 with regard to the REVENUE OUTTURN 2002/03

 

The submitted grounds for objection are:-

 

‘unacceptable delegation of NRF to officers and freezing of carry forward’

 

A copy of the report is attached

 

The extract of the minutes of the Cabinet on 21 July 2003 is set out below:-

 

EXTRACT FROM CABINET MINUTES – 21 JULY 2003

 

Councillor Scuplak submitted a report that showed the summary budget position comparing spending with the budget for all General Fund Services and the Housing Revenue Account.

 

Councillor Scuplak moved an amendment to recommendation 3.1(i) of the report with regard to the carry forward of the underspend in Neighbourhood Renewal Funding. This was agreed.

 

RESOLVED:

(1)            that the final outturn for 2002/03 for each department and the Council as a whole, be noted;

 

(2)            that the reasons for the variances between the 2002/03 budget and the final outturn, be noted;

 

            (3)        that the position of the Council’s general reserve, be noted;

 

(4)            that the position in respect of earmarked reserves, be noted;

 

(5)            that a contribution of £0.6m to the capital fund, be approved;

 

(6)            that the proposals for the use of underspends, be noted;

 

(7) that proposed uses of underspending in excess of £100,000 be approved and it be agreed to suspend the carry forward of underspendings by the Resources, Access and Diversity Department pending resolution of the issues detailed in the supporting information of the report (a waiver of Finance Procedure Rule 4.6.4);

 

(8)            that the drawing down of earmarked reserves to meet revenue costs incurred in 2002/03, be approved;

 

(9) that a carry forward of £122,900 in respect of the underspend on the NRF core funding be approved, the detailed allocation of this sum be delegated to the Corporate Directors of Cultural Services & Neighbourhood Renewal and Social Care and Health in consultation with their  ...  view the full minutes text for item 55.

56.

ANY OTHER URGENT BUSINESS

Minutes:

- None -

                       

The Lord Mayor declared the meeting closed at 10.27 p.m.