Agenda and minutes

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

Members, Officers and those otherwise in attendance are asked to remain standing whilst the meeting is led in prayer by the Chaplin.

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

An apology for absence was received from the Deputy Leader of the Council, Councillor M H Charlesworth and Councillors E R Barr, R F Eaton and Mrs L Eaton.

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 meetings of the Council in accordance with Rule 17 of Part 4 of the Constitution.

RESOLVED THAT:

The minutes of the meeting of the Council held on Tuesday, 23 May 2017 to be taken as read, confirmed and signed.

RESOLVED THAT:

The minutes of the meeting of the Council held on Tuesday, 20 June 2017 to be taken as read, confirmed and signed.

RESOLVED THAT:

The minutes of the extraordinary meeting of the Council held on Thursday, 06 July 2017 to 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, 20 June 2017.

RESOLVED THAT:

The Action List arising from the meeting of the Council held on Tuesday, 20 June 2017 be noted by Members.

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

The Council gave consideration to the Motion on Notice (at page 20) (“the Motion”) which should be read together with these minutes as a composite document.

The Council was advised that the Motion had been duly received in accordance with the Council’s Constitution (Rule 12 of Part 4) and that it was the Chief Executive’s intention in the exercise of his powers to call an extraordinary meeting of the Council on Tuesday, 31 October 2017 so that the contents of the Motion may be considered.

It was moved by Councillor L A Bentley, seconded by Councillor Mrs H E Loydall and

UNANIMOUSLY RESOLVED THAT:

In accordance with Rule 15.2 of Part 4 of the Constitution, the report entitled ‘Proposed 3G Pitch in South Wigston, Horsewell Lane Pavilion, Wigston and Other Leisure Facilities’ as delivered at the meeting of the Council held on Tuesday, 20 June 2017 be returned for resolution by the Council as soon as is practicable so that a motion or amendment in similar terms to one that had been previously rejected at that said meeting can be moved before the prescribed six months period.

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution and to answer any Questions on Notice in accordance with Rule 11 of Part 4 of the Constitution.

Members are reminded that in accordance with Rule 11.1 of Part 4 of the Constitution, questions can be asked of the Leader of the Council and the Chair of a Committee without notice upon an item of the report of a Committee when that item is being receiving or is under consideration by the Council. 

“We the undersigned petition the Council to reject proposals for operation of Brocks Hill Country Park by a Private Profit Making Organisation.

At the Council meeting on July 6th, 2017 Liberal Democrat and Conservative Party Members resolved that a full report and presentation outlining Sports Leisure Management Limited’s proposal for running the Brocks Hill Centre, Oadby be brought to the next Council meeting on September 5th, 2017 covering the key areas of car parking, access and financing arrangements. We petition the Council to continue in-house provision.”

The ePetition is to be received in a Supplementary Agenda Update issued ahead of the meeting of the Council in due course.

Mr Matthew Luke presented and spoke upon the Petition which called upon the Council to retain the in-house provision of the Brocks Hill Visitor Centre. He stated that a short-term, compartmentalising exercise and a decision taken on revenue-neutral basis should be avoided. He proposed that an alternative Council-invested and Council-ran offering to provide and improve existing leisure facilities and promote environmental sustainability both at Brocks Hill and other venues across the Borough should be considered. This was proposed to ensure that community value could be maximised without unnecessary private sector involvement or profiteering.

RESOLVED THAT:

The Petition be received and duly noted.

None.

RESOLVED THAT:

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

The Leader of the Council noted the significance of the forward-looking investments made by of the Council under the tenure of the Liberal Democrat administration. These were said to have been delivered through multiple projects and offerings so to maximise provision for all residents whilst maintaining a balanced economic outlook.

Report of the Director of Services / Monitoring Officer.

The Council gave consideration to the report and appendices (at pages 23 - 32) as delivered and summarised by the Director of Services / Monitoring Officer which should be read together with these minutes as a composite document.

A presentation was delivered by Mr Dan Hick, the Area Manager for the Council’s existing leisure contractor, Sports and Leisure Management (SLM) Limited, outlining SLM’s combined project proposals in relation to Brocks Hill and Parklands Leisure Centre. A copy of the presentation delivered is filed together with these minutes.

A debate thereon was had whereby it was the general consensus of most Members that the proposals represented a considered and innovative solution to safeguard the future of Brocks Hill and Parklands whilst affording an exciting opportunity to extend educational, leisure and recreational service and access provisions. The proposals were described as a mutually-beneficial arrangement for all stakeholders which sought to positively build on the existing and well-proven partnership work between the Council and SLM. Members unequivocally reiterated that the proposals did not affect Council’s direct management of the surrounding Country Park nor did it entail the demolition or disposal of the Visitor Centre. It was upon such perceived concerns, that it was opined by some Members that a number of signatories to the Petition (as presented at agenda item 7a) had been misinformed or misled.

It was expressed by some opposition Members that not all of the available options had been exhausted. It was proposed that a direct investment and offering by the Council should be considered so to stem the current budgetary-loss at the Visitor Centre and to secure the full benefits of any return on any direct investment. It was said that any alternative solution(s) should be taken in conjunction with other projects to deliver further savings and, or, involve an open tender to contractors.

In reaching a decision the Council was advised that the combined proposals would involve an extensive programme of resident and visitor consultation, construction and redesign. This would guarantee that existing community users and uses would continue to be accommodated as well as adjusting and increasing the availability and capacity of onsite facilities in line with users’ demands and requirements. The proposal to extend existing partnership arrangements with SLM was said to be compliant with the Council’s Contract Procurement Rules and would eliminate any detrimental impacts of the coexistence of competing leisure providers on the site.

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

RESOLVED THAT:

The proposals and schemes as detailed in the report regarding Brocks Hill and Parklands Leisure Centre, including the capital borrowing requirement of £1.2 million including contingencies, be approved and delivered by extending the existing partnership arrangements with Sports and Leisure Management Limited.

Votes For               16

Votes Against          4

Abstentions             1

Report of the Director of Services / Monitoring Officer.

The Council gave consideration to the report (at pages 33 - 39) as delivered and summarised by the Director of Services / Monitoring Officer which should be read together with these minutes as a composite document.

It was emphasised by Members that the effects of any investment in terms of economic regeneration should yield tangible results for all three of the town centres within the Borough for its businesses and include the effective and efficient bringing forward of capital projects whilst being mindful of residential amenity.

It was moved by the Leader of the Council, seconded by Councillor L A Bentley and

UNANIMOUSLY RESOLVED THAT:

(i)       The Council is to invest in proactive town centre management (as set out at paragraph 6 of the report);

(ii)     The Council is to focus and invest in the “harder” and more tangible economic deliverables (as set out at paragraph 4 of the report) which will have the most positive impact in the Borough and its economic sustainability.

(iii)   The Council is to use this opportunity to focus on new and emerging priorities (as set out at paragraph 7 of the report); and

(iv)    The Council is to significantly reduce the resources that it has traditionally allocated to the more generic “softer” business development (as set out at paragraph 5 of the report).

Report of the Interim Chief Finance Officer / Section 151 Officer.

The Council gave consideration to the report (at pages 40 - 44) as delivered and summarised by the Interim Chief Finance Officer / Section 151 Officer which should be read together with these minutes as a composite document.

It was requested that the implications upon Small and Medium-Sized enterprises regarding the methods used by the Valuation Office Agency (VOA) in assessing the rates payable on commercial premises by businesses occupying more than one floor in the same building (commonly referred to as the “staircase tax”) be investigated.

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

UNANIMOUSLY RESOLVED THAT:

(i)       The Discretionary Business Rates Revaluation Relief Scheme (as set out in the report) be approved; and

(ii)     Delegated authority be granted to the Chief Finance Officer / Section 151 Officer in consultation with the Chair of the Policy, Finance and Development Committee to make minor changes to the Scheme to maximise any surplus of the fund available after the initial distribution.

Report of the Interim Chief Finance Officer / Section 151 Officer.

The Council gave consideration to the report and appendices (at pages 45 - 61) as delivered and summarised by the Interim Chief Finance Officer / Section 151 Officer which should be read together with these minutes as a composite document.

A debate thereon has had whereby the following policy guidance in summary was expressed by Members upon the three Residents’ Forums (“the Forums”):

(i)          Members would not support the merger of Wigston and South Wigston Residents’ Forums;

(ii)        Members commended the clarification of ‘one-off’ grants and financing in general, but agreed that the pro forma application forms (at agenda item 4a) were too complex for the relatively small sums of money that the Forums distributed to local groups and individuals;

(iii)      It was suggested that small grants (i.e. up to £200) could be awarded by Forums without the need to complete excessive amounts of paperwork;

(iv)       There was a general view that the chairing of Forum should continue to be done by an elected-Member rather than a local resident given the need for the Chair to understand the operations of the Council and to have easy access information and resources.

(v)        It was proposed that the Forum Chairs could in future be any elected-Member, not necessarily one whose ward was within the geo-political area of the Forum.

(vi)       Members agreed that the financing of the Forums should be included in the Council’s annual budget setting exercise.

(vii)     Members agreed that the agenda for Forums should continue to be set by either agreeing at the conclusion of a meeting what should be included on the next meeting’s agenda and/or by residents contacting the Chair of the Forum to agree an item.

(viii)   Members emphasised that Forum meetings were non-political, and that agenda items should not touch on political matters.

(ix)       The current Terms of Reference for the Forums as contained in the Council’s Constitution should be comprehensively redrafted.

(x)        As part of the review of the administration of the Forums, it was requested that thought be given as to how to increase participation from local residents.

(xi)       Any changes agreed must be consistent across all three Forums.

It was moved by the Mayor, seconded by the Deputy Mayor

UNANIMOUSLY RESOLVED THAT:

The policy guidance (as set out in the foregoing minutes) be provided by Members and circulated to the three Residents’ Forums for consultation.

Report of the Head of People and Performance.

The Council gave consideration to the report and appendices (at pages 62 - 141) as delivered and summarised by the Chief Executive which should be read together with these minutes as a composite document.

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

UNANIMOUSLY RESOLVED THAT:

The ‘Strategic and Situational Context’ and ‘Forward Strategy: Our Communication Priorities’ sections of Communication Policy Guidance and Strategy 2017-2019 be adopted.

Report of the Head of Planning, Development and Regeneration

The Council gave consideration to the report (at pages 142 - 144) as delivered and summarised by the Head of Planning, Development and Regeneration which should be read together with these minutes as a composite document.

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

UNANIMOUSLY RESOLVED THAT:

(i)       The following comments be forwarded to the East Midlands Franchise Rail Franchise (EMRF) Consultation Coordinator:

“An improved frequency of service between Birmingham, South Wigston and Leicester, in order to improve the job prospects for the residents of this Borough, should be included within the Stakeholder Briefing document.”

(ii)     The overall aspirations and content of EMRF consultation document be welcomed by Members.

Report of the Chief Executive.

The Council gave consideration to the report and appendices (at pages 145 - 149) as delivered and summarised by the Senior Democratic Services Officer / Legal Officer which should be read together with these minutes as a composite document.

It was moved by Councillor Mrs H E Loydall, seconded by Councillor Mrs S B Morris and

UNANIMOUSLY RESOLVED THAT:

(i)       The International Holocaust Remembrance Alliance’s working definition of anti-Semitism be formally adopted into the Council’s existing policy documents and its application be considered in all working areas of the Council; and

(ii)     An all-encompassing definition to address all manifestations of discrimination and hate crime, including anti-Semitism, be further formulated, adopted and considered in consultation with the Council’s Community Engagement Forum.

Report of the Chief Executive

The Council gave consideration to the report (at pages 150 - 152) as delivered and summarised by the Chief Executive which should be read together with these minutes as a composite document.

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

UNANIMOUSLY RESOLVED THAT:

(i)       The information as set out in the report be noted by Members; and

(ii)     The role of Monitoring Officer be more appropriate to and form part of the role of the Head of Legal Services. 

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.

With reference to the minutes of the meeting of the Development Control Committee held on Thursday, 15 June 2017 (at agenda item 14b) and in respect of application no. 17/00084/FUL at minute reference 8 (at page 166, para 2) it was requested by Councillor Mrs H E Loydall that ‘public speaker’ be corrected to ‘Ward Councillor’.

As reflected in the foregoing minutes of the Development Control Committee, and to address concerns raised by Member in the recent influx of planning applications seeking planning permission to covert family dwelling-houses into multiple dwelling-flats with inadequate levels of living-space and amenity, the Council reiterated that the Technical Housing Standards (as published by the Department for Communities and Local Government (DCLG) on 27 March 2015) should to be adopted as a technical planning standard by the Council as soon as reasonably practicable.

It was moved by the Mayor, seconded by the Deputy Mayor and

UNANIMOUSLY RESOLVED THAT:

The minutes as set out at:

(i)        agenda item numbers 17a - 17g, 17i and 17k - 17m of main agenda document (pages 153 - 217) as amended; and

(ii)       agenda item numbers 15h and 15j of the supplementary agenda update document (pages 26 - 36)

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 Minutes of the Licensing and Regulatory Committee held on Wednesday, 19 July 2017 are to be received in a Supplementary Agenda Update issued ahead of the meeting of the Council in due course.

The Minutes of the Policy, Finance and Development Committee held on Tuesday, 25 July 2017 shall be received in a Supplementary Agenda Update issued ahead of the meeting of the Council in due course.

The press and public are likely to be excluded from the remainder of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972 (Exempt Information) during consideration of the item(s) below on the grounds that it involves the likely disclosure of exempt information, as defined in the respective paragraph(s) 1, 2 and 3 of Part 1 of Schedule 12A of the Act and, in all the circumstances, the public interest in maintaining the exempt item(s) outweighs the public interest in disclosing the information.

It was moved by the Mayor, seconded by the Deputy Mayor and

UNANIMOUSLY RESOLVED THAT:

In accordance with Rule 21.1 of Part 4 of the Constitution, Rule 9 of the same Part be suspended to allow the meeting to continue beyond three hours for the purposes of disposing of the remaining items of business at this meeting.

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

UNANIMOUSLY RESOLVED THAT:

The press and public be excluded from the remainder of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972 (Exempt Information) during consideration of the item(s) below on the grounds that it involved the likely disclosure of exempt information, as defined in the respective paragraph(s) 1, 2 and 3 of Part 1 of Schedule 12A of the Act and, in all the circumstances, the public interest in maintaining the exempt item(s) outweighed the public interest in disclosing the information.

The Council gave consideration to the report (at pages 218 - 219) as delivered and summarised by the Interim Chief Finance Officer / Section 151 Officer which should be read together with these minutes as a composite document.

The Council heard that the Independent Monitoring Officer had confirmed that all internal grievance and other issues were now concluded.

It was said that the clear legal advice from an external independent legal specialist was that all employment matters that related to individuals could not be shared and if the Council were to breach this, then it would put the Council itself at risk.

RESOLVED THAT:

The contents of the report be noted by Members.