Agenda and minutes

The meeting of the Council will be called to order to receive Her Worship The Mayor and Deputy Mayor.

The meeting of the Council was called to order to receive Her Worship The Mayor.

It was moved by the Leader of the Council, seconded by the Deputy Leader of the Council and

UNANIMOUSLY RESOLVED THAT:

Councillor R F Eaton deputise for and in the absence of the Deputy Mayor for the duration of the meeting.

An apology for absence was received from the Deputy Mayor, Councillor D M Carter, and Councillors Mrs K M Chalk, Miss M V Chamberlain, R E Fahey, D A Gamble and R E R Morris.

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

None.

To read, confirm and sign the minutes of the previous meeting of the Council held on Tuesday, 05 December 2017 in accordance with Rule 17 of Part 4 of the Constitution.

By affirmation of the meeting, it was

RESOLVED THAT:

The minutes of the meeting of the Full Council held on Tuesday, 05 December 2017 be taken as read, confirmed and signed.

To read, confirm and note the Action List arising from the previous meeting of the Council held on Tuesday, 05 December 2017.

The Leader of the Council requested an update on the current position regarding the Council’s review of refuse and recycling services. The Director of Finance and Transformation advised that the 5 Member Working Group had met for the first time in January 2018. In addition, a new firm of consultants has been commissioned to collect data and produce an evidence base for Members to consider. It was confirmed that once the consultants’ report has been received and analysed in detail, a further round of public consultation shall be carried out. 

By affirmation of the meeting, it was

UNANIMOUSLY RESOLVED THAT:

The Action List arising from the meeting of the Full Council held on Tuesday, 05 December 2017 be noted by Members.

To consider any Motions on Notice in accordance with Rule 12 of Part 4 of the Constitution.

None.

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution and to answer any Questions by the Public or Members in accordance with Rules 10 and 11 of Part 4 of the Constitution respectively.

None.

By affirmation of the meeting, it was

UNANIMOUSLY RESOLVED THAT:

The list of Official Mayoral Engagements attended by The Mayor and/or Deputy Mayor be noted by Members.

In accordance with Rule 7.3 of Part 4 of the Constitution, the Mayor moved for the order of business to be altered and taken in the order as reflected in the minutes.

By affirmation of the meeting, it was

UNANIMOUSLY RESOLVED THAT:

The order of business be altered accordingly.

Report of the Director of Finance & Transformation / Section 151 Officer

The Council gave consideration to the report as set out on pages 19-41 of the agenda and page 1 of the agenda update.

The Chair of the Policy, Finance and Development Committee, Mrs S B Morris, introduced the report and commended the achievement of a balanced budget for 2018/19 in the face of unprecedented financial pressures. It was emphasised that although the formal setting of the Council’s budget is an annual affair, in practice it is now a year-round process of near constant test, challenge and refinement as funding assumptions ebb and flow.

A Member asked for an explanation as to why the General Fund Budgets for 2018/19 and 2019/20 were still set to increase despite significant cost savings having already been achieved. The Director of Finance and Transformation explained that additional budgetary provision was necessary because whilst efficiency plans had delivered substantial savings, this was against a backdrop of income from various sources continuing to fall, coupled with increasing demand for services.

Whilst acknowledging the recommendation contained within the report to approve a 1% reduction in housing rents for 2018/19, some Members expressed disbelief that this was being done at a time when private sector rents continued to soar and appeared to lack any meaningful controls.

It was moved by Councillor Mrs S B Morris, seconded by the Deputy Leader of the Council and.

UNANIMOUSLY RESOLVED THAT:

(i)       The General Fund net revenue budget estimates for 2018/19 totalling £6.39m be approved;

(ii)     The Housing Revenue Account draft estimates for 2018/19 be approved (as set out at Appendix A); and

(iii)   A decrease of 1.00% in housing rents and increases in other charges as set out in Section 12 and Appendix A be approved.

In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, the names of the persons who casted a vote for the motion or against the motion or who abstained from voting were recorded as follows:

Report of the Director of Finance & Transformation / Section 151 Officer

The Council gave consideration to the report as set out on pages 42-46 of the agenda, which sought approval for Oadby & Wigston’s net budget requirement of £6,398,924 and an associated Band D Council Tax for 2018/19 of £217.97.

There was recognition amongst all Members that the proposed Council Tax increase represented a difficult choice which would inevitably place additional financial strain on households, many of whose budgets were already pressurised. Members acknowledged however that the increase was necessary to enable the Council to continue to balance its finances and maintain the delivery of services during increasingly challenging conditions.

Members stressed that pressure needed to be applied on Central Government to urgently review the current system of Local Government funding and to introduce reforms which ensure all local authorities receive a fairer financial settlement.

It was moved by Councillor Mrs S B Morris, seconded by Councillor J Kaufman and

UNANIMOUSLY RESOLVED THAT:

(i)          It be noted that under powers delegated to the Chief Financial Officer, the Council has calculated the amount of 17,257.00 as its Council Tax base for the financial year 2018/19 in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012;

(ii)        It be noted that the Council Tax Requirement for the Council’s own purposes for 2018/19 is £3,761,508;

(iii)       The following amounts be calculated by the Council for the year 2018/19 in accordance with sections 30 to 306 (as amended) of the Local Government Finance Act 1992;

(a)        £18,604,195 being the aggregate of the amounts which the Council estimates for the items set out in section 31A(2) of the Act;

(b)        £14,842,687 being the aggregate of the amounts which the Council estimates for the items set out in section 31A(3) of the Act;

(c)         £3,761,508 being the amount by which the aggregate at 3 a) above exceeds the aggregate at 3 b) above, calculated by the Council, in accordance with section 31A(4) of the Act, as its Council Tax Requirement for the year;

(d)        £217.97 being the amount at 3 c) above divided by the amount at 1 above, calculated by the Council, in accordance with section 31B of the Act, as the basic amount of its Council Tax for the year;

(e)        Valuation Bands

         Being the amounts given by multiplying the amount at 2.3.d. above by the number which, in the proportion set out in Section 5(1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation Band D, calculated by the Council, in accordance with section 36(1) of the Act, as the amount to be taken into account for the year in respect of categories of dwellings listed in different valuation bands.

(iv)     Precepting Authorities – Valuation Bands

It be noted that for the year 2018/19, the Police and Crime Commissioner for Leicestershire, and the Leicester, Leicestershire and Rutland Combined Fire Authority have stated the following amounts in precepts issued to the Council, in  ...  view the full minutes text for item 103.

Report of the Head of Finance, Revenues and Benefits

The Council gave consideration to the report as set out on pages 47-51 of the agenda, which asked for approval of the Capital Programme for 2018/19 funding.

The Director of Finance and Transformation introduced the report and drew Members’ attention to the additional context and colour-coding provided against each of the General Fund Schemes, in response to feedback received from the Policy, Finance and Development Committee.

The Leader of the Council welcomed the report and expressed satisfaction that in spite of the financial pressures discussed elsewhere on the agenda, the Council continues to invest in a programme of schemes that will benefit the Borough, in line with its corporate priorities. It was confirmed that a review had been undertaken to assess how the capital bidding process could be refined, providing Members with a clearer guide as to how the schemes come about and how all Members can be provided with the ability to contribute. Further details of the review will be made available to Members during the next meeting cycle.

Members welcomed the report in principle but requested urgency in terms of delivering the Programme, noting that a number of items contained within it had been talked about for a long time without moving forward to implementation stage.

It was moved by the Leader of the Council, seconded by Councillor Mrs S B Morris and

UNANIMOUSLY RESOLVED THAT:

(i)       The Capital Programme for 2018/19 funding be approved;

(ii)     The requirement for the relevant Committee to approve schemes before spend can commence be noted by Members; and

(iii)   The monitoring and quarterly reporting arrangements for the projects which form the Capital Programme for 2018/19 be noted by Members.

Report of the Head of People & Performance

The Council gave consideration to the report as set out on pages 52-63 of the agenda, which asked it to approve the Pay Policy Statement for 2018/19 and approve the continued application of the Real Living Wage rate.

Members welcomed the report and expressed the view that it remained right and proper to continue to support the payment of the Real Living Wage to its employees.

In view of the fact that some Council services are delivered by contractors/sub-contractors, a Member asked for clarification as to whether or not the Council had a mechanism in place to ensure that these employees also receive the Real Living Wage. The Head of People and Performance confirmed that when an employee transfers under TUPE they become subject to their new employer’s pay award, however it was also confirmed that consideration could be given to applying a condition within the terms of future contracts to ensure that employers mirror the Council’s commitment to paying the Real Living Wage. The Leader of the Council requested that the Director of Finance and Transformation look into this in further detail and bring a report back for the consideration of the Policy, Finance and Development Committee.

It was moved by the Deputy Leader of the Council, seconded by Councillor J Kaufman and

UNANIMOUSLY RESOLVED THAT:

(i)       The Pay Policy Statement for 2018/19 (as set out at Appendix A) be approved; and

(ii)     The continued application of the Real Living Wage rate be approved.

Report of the Head of Finance, Revenues and Benefits

The Council gave consideration to the report as set out on pages 64-66 of the agenda, which asked it to approve the proposed Scheme for 2018/19.

It was moved by the Leader of the Council, seconded by the Deputy Leader of the Council and

UNANIMOUSLY RESOLVED THAT:

(i)       The Scheme for 2018/19 (as set out in the report) be approved; and

(ii)     Authority be delegated to the Director of Finance and Transformation/151 Officer to make minor changes to the Scheme to maximise any surplus of the fund available after the initial distribution.

Report of the Head of Finance, Revenues and Benefits

The Council gave consideration to the report as set out on pages 67-69 of the agenda, which asked it to approve the write-off of Business Rates debts in excess of £10,000, as detailed at paragraph 3.2 of the report.

A Member asked whether systems were currently in place to identify and escalate any concerns regarding a business that falls behind in its business rate payments before it reaches the stage of insolvency. The Director of Finance and Transformation confirmed that in the majority of cases the current escalation procedures are sufficient to prevent such cases from occurring, however in the rare cases identified within the report, all attempts to collect payment had failed and in each case the debtor was insolvent with no prospect of payment being made. Assurance was however provided that a new Key Performance Indicator will be introduced during the next Municipal Year as a means of monitoring and improving performance in relation to recovery of business rate debts.

It was moved Councillor Mrs L M Broadley, seconded by Councillor Mrs H E Loydall and

UNANIMOUSLY RESOLVED THAT:

The write-off of Business Rates debts in excess of £10,000 as detailed at paragraph 3.2 of the report be approved.

Report of the Head of Law & Governance / Monitoring Officer

The Council gave consideration to the report as set out on pages 70-80 of the agenda, which asked it to approve the changes to the Council’s proportionality arrangements in light of the resignation of Councillor Miss A R Bond from the Conservative Group and the subsequent constitution of a new political group.

In response to a Member question, it was confirmed that the Special Responsibility Allowance for Leaders of Political Opposition Groups had been re-calculated on a pro-rata basis to reflect the total membership of the two opposition groups now sitting on the Council, as per the provisions within the Scheme of Members Allowance for 2017/18.

It was moved by the Deputy Leader of the Council, seconded by Councillor Mrs L Eaton JP and

UNANIMOUSLY RESOLVED THAT:

(i)       The changes to proportionality arrangements (as set out at Appendices A and B of the report) be approved; and

(ii)     In accordance with those proportionality arrangements, the necessary reappointments and amendments be made to those offices and the memberships of those affected Council bodies, and the Members to serve thereon (as set out in Appendix C of the report).

Report of the Head of Law & Governance / Monitoring Officer

The Council gave consideration to the report as set out on pages 81-87 of the agenda, which asked it to note the draft Articles and draft Terms of Reference for the Residents’ Forums and approve the same for consultation in the next quarterly-cycle of meetings.

Members welcomed in principle the draft revised Articles and Terms of Reference for the Residents’ Forums, and expressed hope that the revisions would have a positive effect in terms of engaging the community and encouraging attendance at meetings. Concerns were expressed however regarding the limitation of membership to those living or working within the geographical area that the Forum represents, as this would preclude certain residents and/or Councillors from being able to attend Forums outside of their geographical area even on matters which may have Borough-wide significance.

It was moved by Councillor G A Boulter, seconded by Councillor Mrs L M Broadley and

UNANIMOUSLY RESOLVED THAT:

At paragraph 3.1 (Membership & Participation), words “Membership of the Forum is open to residents and people who work within the geographical area that the Forum represents” be replaced with “Membership of the Forum is open to residents and people who work within the Borough of Oadby & Wigston”.

It was moved by Councillor G A Boulter, seconded by Councillor Mrs L M Broadley and

UNANINMOUSLY RESOLVED THAT:

The draft Articles (as set out at Part II of Appendix 1) and draft Terms of Reference (as set out at Appendix 2 and as amended) for the Residents’ Forums be noted by Members and approved for consultation in the next quarterly-cycle of meetings in February/March.

Report of the Head of Law & Governance / Monitoring Officer

The Council gave consideration to the report as set out on pages 88-117 of the agenda, which asked it to approve the Public Space Protection Order (Regulation of Dogs in the Borough of Oadby and Wigston) for enactment.

It was moved by Councillor L A Bentley, seconded by Councillor Mrs L Kaufman and

UNANIMOUSLY RESOLVED THAT:

(i)       The contents of the report be noted by Members; and

(ii)     The Public Space Protection Order (Regulation of Dogs in the Borough of Oadby and Wigston) be approved for enactment (as set out at Appendix 1 of the report).

Report of the Head of People & Performance

The Council gave consideration to the report as set out on pages 118-119 of the agenda, which asked it to appoint an Interview Sub-Panel of three Members to interview candidates for the vacant post of Chief Executive.

The Leader of the Council reassured Members that whilst the Interview Sub-Panel would be responsible for making the recommendation to Council in respect of its preferred candidate to fill the vacant post of Chief Executive, all Members were being invited to participate in the process by having the opportunity to meet the potential candidates and receive a presentation from each of them. It was confirmed that an extraordinary meeting of the Council would be convened for Tuesday 10 April, prior to the Policy, Finance and Development Committee, for the purpose of receiving a report containing the Panel’s recommendation(s) in respect of the Chief Executive’s appointment.

It was moved by the Leader of the Council, seconded by Councillor J Kaufman and

UNANIMOUSLY RESOLVED THAT:

The appointment of a three-Member Interview Sub-Panel, comprising the Leader of the Council (Councillor J W Boyce), the Leader of the Opposition (Councillor B Dave) and the Chair of the Policy, Finance and Development Committee (Councillor Mrs S B Morris) be approved.

The Council will receive the minutes from the meetings of the below-mentioned Committees, Boards, Panels, Forums, Working Groups and Outside Bodies for the purposes of information in accordance with Rule 17 of Part 4 of the Constitution.

The Council gave consideration to a proposal from the Head of Law & Governance to discontinue the current practice of receiving copies of all Committee minutes to note, with effect from the next meeting in April 2018. The Head of Law & Governance explained that an email had been circulated to all Members prior to the meeting explaining the rationale for this proposal, namely that the noting of minutes serves no legal purpose, as they are the minutes of the Committee to which they refer and could only be amended by that Committee. The discontinuation of this practice would also lead to a reduction in the size of the meeting agenda and as well as achieving significant cost savings in respect of printing and postage outlay.

Members expressed concern that the discontinuation of providing minutes on the agenda could preclude the ability of Members to ask questions of Committee Chairs in relation to any item. The Head of Law & Governance reminded Members that there remains a standing item on the agenda under ‘Petitions, Deputations and Questions’ under which any question can be put by the Public or Members in accordance with Rules 10 and 11 of Part 4 of the Constitution respectively.

Some Members reported not having received the aforementioned email, and as such requested that a full report from the Head of Law & Governance, including the relevant recommendation(s), be brought before the next Council meeting in April 2018 in order to formalise any decision.

In relation to Item 16 of the minutes of the Place Shaping Working Group (Town Centre Manager’s Report), Members asked whether they could be informed by Officers if any provisions exist within the planning regulatory framework to control the number of charity shops opening within a particular street/locality.

By affirmation of the meeting, it was

UNANIMOUSLY RESOLVED THAT:

The minutes as set out at agenda item numbers 20(a)-(n) (at pages 120 - 184) from the meetings of the below-mentioned Committees, Forums, Working Groups and Outside Bodies for the purposes of information be received by the Council.

The Leader of the Council presented a Statement outlining his recent work, the administration’s plans and an overview of recent decisions taken since the previous meeting of the Council.