Agenda item

Further information can be found on the Council’s website regarding the Draft Articles and Terms of Reference for the Residents’ Forums (Report to Full Council on 22 February 2018) by clicking on the link.

The Council`s recently recruited Head of Law & Governance/Monitoring Officer presented the briefing on this agenda item. He explained the background to the drafting of the documents and his task, of structurally revising the Residents Forums in line with consultation from 2017 and the Council`s aim to produce a way for the Forums to be more effective in line with their aim, role, and purpose.

·         The Head of Law & Governance/Monitoring Officeraffirmed that the papers attached to this agenda were the means to continue consultation with residents on this process. The papers are available on the Councils website and the contents will be shared with residents of the three Forums. During discussion Resident questions were taken, clarified and answered.

·         Copies of two documents were attached to the meeting papers as Agenda Item 3, Appendix 1 part 1, at pages 6 and 7 and Appendix 2 – draft Terms of Reference at, pages 8 and 9.

·         The grant making process came out of the Council grant making review and consultation with the Forums. Page 6 part 1 of the attached paper was referred to. The consultation exercise in 2017 reviewed the functions of the Forums.

·         The Head of Law & Governance/Monitoring Officer explained that the Forums do not have a scheme of delegation. They have no power to make delegated decisions.

·         Grants awarded through the Forums are endorsed by Policy, Finance and Development (PFD) Committee. The Council has made a formal process available for applying for funding.

·         The Council has endorsed the revised draft terms of reference. Draft term 3.1 was amended by the Council last week.

·         The Officer explained that residents are able to make comments and recommendations on the revised draft terms of reference. The terms of reference were still at consultation stage.

·         Comments from all the Forums will go into a report which, the Council will address in April 2018.

The Head of Law & Governance/Monitoring Officer went through points in relation to the constitution. Residents attention was drawn to part 3 of the Council`s constitution, which deals with delegation and shows how the Council makes decisions.

It was reinforced that Forums do not have any delegated functions. Their role was to engage with residents, prompt discussion and inform Members. Members then inform the Council`s Committees.

Each Forum has a pot of money which residents can suggest to Members, how it is spent. Members then feedback residents’ wishes to PFD (Policy Finance & Development) Committee. Monies must be linked to a development project.

Tesco, Lidl and Wickes have had to make a contribution to amenities. This depends on the terms of the Section 106 agreement. Spend must mitigate an impact of that site.

On a concern raised about the impact of pollution, it was identified that Lidl spent £25,000 on monitoring stations to check air quality in South Wigston. This was not a mandatory contribution. Page 12, Part 2, appendix 1, shows the proposed wording of the terms of reference sets out articles and key aims. Consultation is enclosed on the terms of reference as to the Forum and how it is conducted.

The current general terms of reference were not in line with the Council`s delegated scheme of decision making. This is why the forums have no legal basis for delegated decision-making.

Residents are not being stopped from having a decision making function in line with the Forums’ role. The Head of Law & Governance/Monitoring Officer stated he was merely presenting the legal side, and clarifying legal adjustments.

In response to the Head of Law & Governance/Monitoring Officer`s clarification of the Forum role and function, through the revised draft terms of reference, a request was made from the floor by a group of residents to put forward four amendments.

A list of four proposed written amendments were tabled at the meeting by two representatives of this group of residents. The group representative raised them as motions, had each one seconded by a resident and followed by a resident vote. The vote taken was via a show of hands, counted aloud by a representative. This was further followed by a count, out loud by the Community Engagement Officer. The result of the count on the four motions was recorded in writing, within these minutes as follows:

1. General Terms of Reference for all forums.

The Forum moves that we keep the current General Terms of Reference for all forums in line with the clear preference expressed at Wigston and South Wigston Forums and reject key aims 2.1 to 2.5 and Terms of Reference 2.1 to 2.8 on the second and third pages of the draft proposals.

1 person seconded the motion. 10 voted in favour and 1 against.

2. Membership

This Forum moves we replace the proposed draft wording with the following.

“Membership of the Forum will be open to all Borough residents.”

1 person seconded the motion. 10 voted in favour and 0 against.

3. Agenda setting, minutes and reporting.

This Forum moves we replace the proposed draft wording with the following.

The items of the agenda will be determined by the Chair, and should include any items put forward by members of the Forum.

1 person seconded the motion. 10 voted in favour and 0 against.

4. Agenda setting, minutes and reporting.

The Forum moves we replace the proposed draft wording with the following.

Accurate minutes will be kept. These will be subject to amendments at the subsequent meeting and be voted on in the usual manner.

1 person seconded the motion. 10 voted in favour and 0 against.

Following the reading of the motions, seconding and votes taken, the resident who tabled them stated she would next be proceeding to leave the meeting.

The resident expressed the view that she had not come to the meeting to be lectured to by a member of Council staff, added that the new terms of reference would turn the Council Resident Forum into a “Council Information body”. The resident concluded by stating the draft terms of reference would, “close down” on the residents having a Forum.

Both of these residents left the Forum at approximately 8.30pm. They were followed by a third person; then by five more residents. A total of eight residents left the meeting. The Chair then continued with the rest of the meeting agenda.