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 and Deputy Mayor.

An apology for absence was received from Councillors Miss A R Bond, Mrs L Eaton, R F Eaton, D A Gamble and R H Thakor.

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'.

The following interests were declared in respect of the following agenda items:

Agenda Item 6a     

It was declared that all Members to some extent had a pecuniary or non-pecuniary interest insofar as either being a woman herself, being married to a woman or having a close female family relative who was born in the 1950’s and therefore who was directly affected by the changes made to the State Pension Age.

Agenda Item 16     

The Mayor declared a non-pecuniary interest insofar as she was one of the two proposed nominative Trustees to the Oadby Village Hall Trust (“the Trust”).

The Deputy Mayor declared a non-pecuniary interest insofar as he was a current Trustee of the Trust and that he attended the meeting with an open-mind.

Councillor Mrs S B Morris declared a non-pecuniary interest insofar as both of the proposed nominative Trustees to the Trust were close acquaintances of hers.

Agenda Item 19     

The Leader of the Council declared a pecuniary interest insofar as being the beneficiary of the proposed additional payment as recommended by the Independent Remuneration Panel.

To read, confirm and sign the Minutes of the previous meetings of the Council held in accordance with Rule 17 of Part 4 of the Constitution.

RESOLVED THAT:

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

RESOLVED THAT:

The minutes of the first extraordinary meeting of the Council held on Tuesday, 31 October 2017 to be taken as read, confirmed and signed.

RESOLVED THAT:

The minutes of the second extraordinary meeting of the Council held on Tuesday, 31 October 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, 05 September 2017.

RESOLVED THAT:

The Action List arising from the meeting of the Council held on Tuesday, 05 September 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 16) which should be read together with these minutes as a composite document.

Councillor Mrs L M Broadley called for cross-party support endorsing the ‘Women Against State Pension Inequality’ (WASPI) campaign which, the Council heard, sought to promote and address the injustices faced by many women born in the 1950’s, including the Member herself, as a result of a lack of appropriate notification about changes made to the State Pension Age. It was said that the Motion endorsing the WASPI campaign had been debated and approved by 137 other councils, including authorities across the political spectrum within the East Midlands Region.

A debate thereon was had whereby Members fully acknowledged the hardships faced by those women affected and, in denouncing the changes brought forward by the government and its subsequent mishandling of the same which had led to the current situation, the Council fully supported the changes being campaigned for.

It was moved by Councillor Mrs L M Broadley, seconded by Councillors Mrs S B Morris and

UNANIMOUSLY RESOLVED THAT:

The Council calls upon the Government to reconsider making transitional state pension arrangements and compensation available for all women born in the 1950’s affected by the changes to the State Pension Age (SPA) who have unfairly borne the burden of the increase to the SPA with the lack of appropriate notification.

The Council gave consideration to the Motion on Notice (at page 17) which should be read together with these minutes as a composite document.

Councillor J Kaufman informed the Council that following several community meetings in Oadby, there was a general sentiment of fear and unease amongst residents regarding a return to part-time street lighting provision after January 2018. It was stated that, despite a petition gaining the support for 5,000+ signatories, earlier motions tabled at various meetings at Leicestershire County Council (“the County Council”) to ensure full-time street lighting and, or, the replacement of street lights with more cost-effective LED bulbs had been previously defeated.

A debate thereon was had whereby, although Members acknowledged that decisions in terms of street lighting had been taken by the County Council in order to achieve efficiency savings, the safety and wellbeing of all residents across all parts of the Borough and the need to overcome residents’ perceived fear of crime on an apolitical footing were also equally important considerations in finding an acceptable middle-ground. It was also said that, following comments made by the local MP who too was understood to be in support of full-time street lighting, the installation of CCTV was not considered to be a welcome, feasible nor evidence-based solution.

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

UNANIMOUSLY RESOLVED THAT:

The Motion be amended to cover the entire Borough of Oadby and Wigston.

It was moved by Councillor J Kaufman, seconded by Councillor M L Darr and

UNANIMOUSLY RESOLVED THAT:

(i)       This Council welcomes the restoration of full-time street lighting in the Borough of Oadby and Wigston; 

(ii)     This Council supports the unanimous resolution of the Oadby Residents’ Forum at its meeting on 15 November 2017 that street lighting should continue to be full-time in the Borough of Oadby and Wigston after the January 2018 deadline set by Leicestershire County Council as Highways Authority for the reason that people feel a lot safer with the street lights remaining on; and

(iii)   This Council resolves that the Interim Chief Executive forward this resolution to the Highway Authority for their consideration.

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.

Response from Councillor G A Boulter (Chair of the Service Delivery Committee):

“The provision of leisure services within the Borough is a discretionary service. Following a competitive tendering process, the contract to run both the Parklands Leisure Centre in Oadby and the Pool and Fitness Centre in Wigston was awarded to Sports and Leisure Management (SLM) Limited known as “Everyone Active”. SLM are responsible for the day-to-day management of the two leisure centres.

SLM occupy the premises under the terms of a lease and deliver services on a strictly contractual basis. The leisure centres’ staff are employed and supervised directly by SLM. As such, neither the services provided nor the staff employed by SLM are therefore subject to the Council’s own complaints procedure. The Council does, however, monitor SLM’s performance for the provision of leisure services through regular audits of the contract which ensure that the terms of the lease and the contract itself are being complied with.”

The Mayor wished to remind those in attendance of the Black Tie Charity Fundraiser Dinner taking place on 10 February 2018 at Parkland Leisure Centre, Oadby in aid of her chosen nominated charity, the Leicester Hospitals Charity (LHC) and, in particular, to raise funds towards the building of the Leicester Children’s Hospital.

RESOLVED THAT:

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

The Leader noted that due to the omission of local government finance from the Queen’s Speech and the Autumn Budget, there was little certainty, except an assumption that the existing four-year settlement would continue, upon which the Council could plan its finances beyond 2019/20. Although this cliff-edge was said to inhibit local authorities’ ability to deal with the unknown, it served to strengthened this Council’s resolve to have a balanced financial position as soon as possible.

In the context of the Council’s own emerging Local Plan, the Leader also spoke about the significance of the Strategic Grown Plan for Leicester and Leicestershire (“the Plan”). A long-term planning framework for growth across the City and the County, in the proper places and during an appropriate timeframe was said to be essential and that any disagreement amongst any one of the ten partner organisations, whilst not necessarily or particularly affecting this Borough, could upset the overall balance.

In light of the recent controversy surrounding allegations of misconduct by MPs in Westminster, on the subject of Members’ own behaviour being subject to standards, the Leader wished to reiterate that it was the equal responsibility of the respective political parties to take prompt and robust action against any of its own Members as soon as an allegation of wrongdoing went beyond proof of any reasonable doubt.

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

The Council gave consideration to the report (at pages 23 - 32) and presentation as delivered and summarised by the Director of Finance & Transformation / Section 151 Officer which should be read together with these minutes as a composite document.

A debate thereon was had whereby Members acknowledged that, despite the uncertain economic and political circumstances preoccupying central government and the austere fiscal climate faced by local government resulting in service cuts, the Council did have a sound financial footing to meet the challenges ahead with clear and identifiable scope to continue to improve and save. To achieve this, Members accorded particular significance to continuing the review of its buildings and other assets to ensure that they were fit for purpose, providing value for money and to ascertain how the Council could utilise such assets to generate additional income.

The implementation of Universal Credit (UC) was also identified as an area of particular concern to Members given a potential increase in demand to deliver homelessness provision within ever-decreasing budgets as a result of the adverse implications UC were deemed to be having on benefits recipients’ cash flow and living conditions.

The Council was advised that, whilst it was necessary to continue to make progress within the identified budget options looking at service review and redesign in order to primarily bridge the funding gaps faced, and whilst it was also necessary to continue to review staff numbers, a decision to systemically and arbitrarily reduce personnel levels across service-areas by a given percentage was not considered to be a realistic way forward and could possible result in service failure. It was also reported that any decisions made to utilise the Council’s reserve funds have been, and would continue to be, taken on an “invest-to-save” basis.

RESOLVED THAT:

That the contents of the report be noted by Members.

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

The Council gave consideration to the report and appendix (at pages 33 - 87) as jointly-delivered and summarised by the Interim Director of Services and the consultants in attendance at the meeting, representing SLR Consulting Limited, which should be read together with these minutes as a composite document.

Green Waste

A debate thereon was had whereby most Members agreed that, acting upon the feedback received from the consultation, an annual charge of £35 for the collection of household garden waste represented good value when compared to neighbouring authorities and, more importantly, would enable the continuation of a high-quality, sustainable garden waste collection service for residents who required it.

Members also requested that the same charge be levied irrespective of customers’ preferred payment method and that an appropriate hardship scheme should be devised to take in account those residents of low-income/means, details of which were to be provided in a report to be brought to the next meeting of the Council.

The Council was advised that the estimated annual income of £300k+ was to be additional income generated on top of delivering the service and inclusive of capital expenditure and that the £35 annual charge was for a single 240L wheeled bin (or number of bins equivalent thereto) with a £20 surcharge for each and every additional 240L bin (or equivalent thereto) requested. If the proposals were agreed, it was reported that work would begin immediately to realise the service from 1 April 2018 and concerted efforts made to exceed the anticipated 40% participation rate.

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

RESOLVED THAT:

(i)       The consultant’s recommendation that charging for green waste commence in April 2018 be approved; and

(ii)     Officers’ recommendations that the regional average of £35 charge per first bin per household per annum, with a scale of fees for additional bins, be approved.

Votes For               14

Votes Against          4

Abstentions             3

Residual Waste and Recycling

The meeting was adjourned at 8:40 pm and reconvened at 9:00 pm.

Members agreed that any decision(s) to be taken in regard to residual waste and recycling collection should be deferred whilst the Council consults with residents with regard to any changes to existing service provision, and during which time the Council should continue with the "business as usual" approach to collections.

It was moved by the Leader of the Council, seconded by Councillor G A Boulter and

UNANIMOUSLY RESOLVED THAT:

(i)       The item of business be deferred until the next meeting of the Council on 22 February 2018; and

(ii)     A Project Board be set up to oversee any changes to residual waste and recycling collection services.

Councillor M L Darr left the Chamber at 9:05 pm.

Report of the Head of Planning, Development and Regeneration

The Council gave consideration to the report (at pages 88 - 93) as delivered and summarised by the Head of Planning, Development and Regeneration which should be read together with these minutes as a composite document.

Members were hopeful that any shared service arrangement would strengthen the Council’s position to better regulate and make private-sector building control more safe and accountable, particularly in instances where intervention was required by local authorities to rectify substandard work carried out by independent contractors.

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

UNANIMOUSLY RESOLVED THAT:

(i)       It be approved that the Borough Council enters into a formal Building Control Shared Service arrangement operated and managed by Blaby District Council and including Harborough District Council with effect from 1st January 2018 in order to revitalise the service that the Borough Council provides and to create greater resilience; and

(ii)     Matters relating to the agreement of the detailed procedural and operational arrangements, including the agreement and signing of an inter-authority agreement relating the Shared Service arrangement be delegated to the Director of Finance & Transformation / Section 151 Officer.

Report of the Facilities and Administration Team Leader

The Council gave consideration to the report and appendices (at pages 94 - 110) as delivered and summarised by the Head of Planning, Development and Regeneration which should be read together with these minutes as a composite document.

Members agreed that any decision(s) to be taken in regard to off-street parking and Council-owned car parks should be deferred until further investigation has been carried out in relation to the miscellaneous schemes referred to in the report.

It was moved by the Leader of the Council, seconded by Councillor Mrs H E Loydall and

UNANIMOUSLY RESOLVED THAT:

The item of business be deferred until the next meeting of the Council on 22 February 2018.

Report of the Facilities and Administration Team Leader

The Council gave consideration to the report (at pages 111 - 121) as delivered and summarised by the Head of Planning, Development and Regeneration which should be read together with these minutes as a composite document.

Members agreed that any decision(s) to be taken in regard to closure of public conveniences within the Borough should be deferred until further investigation has been carried out in relation to the Community Toilet Scheme referred to in the report.

It was moved by Councillor G A Boulter, seconded by the Deputy Leader of the Council and

RESOLVED THAT:

The item of business be deferred until the next meeting of the Council on 22 February 2018.

Votes For               19

Votes Against          1

Abstentions             0

Report of the Head of Planning, Development and Regeneration

The Council gave consideration to the report and appendix (at pages 122 - 150) as delivered and summarised by the Head of Planning, Development and Regeneration which should be read together with these minutes as a composite document.

Members emphasised that in order to gauge a meaningful response, alternative means to participate in the consultation other than online-based methods should be promoted including, but not limited to, leaflets being issued alongside council tax bills.

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

UNANIMOUSLY RESOLVED THAT:

(i)       Council notes and endorses the process which has been undertaken in the preparation of a Draft Strategic Growth Plan (SGP) for Leicester and Leicestershire;

(ii)     Council notes that the Consultation Draft Plan has been endorsed by the Members’ Advisory Group which oversees the preparation of the SGP;

(iii)   Council approves the consultation process and timetable; and

(iv)    A further report is brought back to Council to consider the consultation responses and approve the final version of the SGP.

Report of the Head of Planning, Development and Regeneration

The Council gave consideration to the report and appendix (at pages 151 - 159) 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 the Leader of the Council, seconded by the Deputy Leader of the Council and

RESOLVED THAT:

It be approved for the Borough Council to sign the Leicester and Leicestershire Authorities Joint Statement of Co-operation relating to Objectively Assessed Need for Housing as set out at in the Appendix in support of Local Plans that are being prepared in Leicester and Leicestershire.

Votes For               19

Votes Against          0

Abstentions             1

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

The Council gave consideration to the report and appendix (at pages 160 - 189) as delivered and summarised by the Director of Finance & Transformation / Section 151 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 updated Contract Procedure Rules (CPR’s) as set out in the Appendix be approved and adopted;

(ii)     Council notes the key aspects of the CPR’s as set out in the report.

Report of the Interim Head of Communities

The Council gave consideration to the report and appendices (at pages 160 - 189) as delivered and summarised by the Head of Law & Governance / Monitoring Officer which should be read together with these minutes as a composite document.

The Council was advised that, following comments being received by Members outside of the meeting as to the proposed regulatory controls in relation to the keeping of dogs on leads, it would be appropriate for the Public Space Protection Order to be referred back to the Licensing and Regulatory Committee for further consideration.

It was moved by Councillor G A Boulter, seconded by Councillor Mrs H E Loydall and

UNANIMOUSLY RESOLVED THAT:

The Public Space Protection Order be referred back to the Licensing and Regulatory Committee for further consideration.

Report of the Electoral Services Manager

Having declared a non-pecuniary interest, the Mayor and Councillor Mrs S B Morris left the Chamber and took no part in the debate on the item of business and voting thereon.

The Council gave consideration to the report and appendices (at pages 232 - 237) as delivered and summarised by the Head of Law & Governance / Monitoring Officer which should be read together with these minutes as a composite document.

RESOLVED THAT:

Councillor Mrs Samia Z Haq be appointed as a nominative Trustee of the Oadby Village Hall Trust to serve a term of four years with effect from 5 December 2017.

Votes for Councillor Mrs Samia Z Haq           10

Votes for Mrs Kay F Relf                                       5

Abstentions                                                             3

The Mayor and Councillor Mrs S B Morris returned to the Chamber.

Report of the Interim Chief Executive

The Council gave consideration to the report (at pages 238 - 243) as delivered and summarised by the Interim Chief Executive which should be read together with these minutes as a composite document.

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

RESOLVED THAT:

(i)       Council notes the information in the report;

(ii)     The Interim Director of Services and the Monitoring Officer draft revised Terms of Reference for the Forums from the proposals within the report of 5 September 2017, taking into account the feedback received from Members and residents, and the draft Terms of Reference to be brought to the next meeting of the Council on 22 February 2018 for approval with further consultation on the draft at the Forums in February/March 2018; and

(iii)   Council considers the feedback from residents on how to increase participation from local residents’ and give any further policy guidance as may be necessary.

Votes For               18

Votes Against          0

Abstentions             2

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

The Council gave consideration to the report and appendices (at pages 244 - 274) as delivered and summarised by the Director of Finance & Transformation / Section 151 Officer which should be read together with these minutes as a composite document.

Whilst Members welcomed the fortunate position the Council currently enjoyed in being able to grant third-sector funding, and were that hopeful this position would continue, it was said that such budget allocations were finite and therefore would need to be kept under review.

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

UNANIMOUSLY RESOLVED THAT:

Council approves the structure, monitoring and governance arrangements of the ‘Third Sector and Community Support’ area as set out in the report and appendices.

To be presented by the Interim Chief Executive

Having declared a pecuniary interest, the Leader of the Council left the Chamber and took no part in the debate on the item of business and voting thereon.

The Council gave consideration to the report (at pages 275 - 276) as delivered and summarised by the Interim Chief Executive which should be read together with these minutes as a composite document.

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

RESOLVED THAT:

No additional payment be made to the Leader of the Council.

Votes For               17

Votes Against          2

Abstentions             0

The Leader of the Council returned to the Chamber.

Report of the Head of People and Performance

The Council gave consideration to the report in the agenda update (at pages 1 - 2) as delivered and summarised by the Chair of the Change Management Committee, Councillor M H Charlesworth, which should be read together with these minutes as a composite document.

It was moved by Deputy Leader of the Council, seconded by Councillor Mrs L M Broadley and

RESOLVED THAT:

(i)       Council approves an external recruitment exercise to be carried out in respect of the vacancy of the Chief Executive and that a job advertisement be placed in the appropriate media early in January 2018; and

(ii)     Council approves to seek assistance from East Midlands Council to carry out the recruitment process.

Votes For               18

Votes Against          2

Abstentions             0

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.

RESOLVED THAT:

The minutes as set out at agenda item numbers 20(a)-(s) (at pages 277 - 374) from the meetings of the below-mentioned Committees, Forums, Working Groups and Outside Bodies for the purposes of information be received by the Council.