Agenda and minutes

To confirm as a correct record the Minutes of the previous meeting held on 10 October 2016

The Minutes of the meeting held on 10 October 2016 were confirmed as a correct record.

Members may make any declarations of interest at this point and may also make them at any point during the meeting.

Councillor Giles McNeill declared a prejudicial interest in Agenda Item 10 – Review of Polling Places, due to the nature of his employment in Sir Edward Leigh’s office.  He indicated he would withdraw from the Chamber during consideration of this item.

It was noted that there were no matters arising from previous meetings.

i)              Chairman of Council

ii)             Leader of the Council

iii)            Head of Paid Service

i)             Chairman of the Council

The Chairman informed the meeting that he and the Vice Chairman, Councillor Jessie Milne, had attended a number of events, a few worthy of particular note were: -

·         The two day fund raising event held on 5/6 November and hosted by Planet Xtra in Gainsborough in aid of  St Barnabas, which had seen the organiser surpass their target of £500 at the end of day one;

·         The Lincolnshire Fire and Rescue Long Service Awards held on Thursday 10 November;

·         The service held at Lincoln Cathedral on Wednesday 9 December for the victims of asbestos, at the which the Service had been particularly beautiful; and

·         The Remembrance Day Service held at Scampton which had involved children from local schools who had handmade hundreds of poppies which decorated the war graves, the entrance to the church and which were presented to each Guest.

ii)            Leader of the Council

The Leader announced that he had recently attended a health and well-being open meeting.  This was part of a strategy to create the strategic transformational plan for health and well-being in Lincolnshire.  The meeting had been of a workshop nature at which a number of groups had discussed a range of ideas about how health provision could be delivered in a more joined up way, through the one public estate for example, creating multi-functional service centres, along the lines of a one stop shop.  Such matters as systems, models, leadership, and accountability had been discussed together with a commitment to work with partners and deliver. Even the planning system had been discussed, with it being recognised that it was important to even consider such things as ensuring the right type and mix of housing was being built, to support independent living for the elderly. Work in this area would continue.

The Leader further announced that as a result of a question to a previous meeting of Full Council from Councillor Welburn, reference pavement parking, he had written to the Minister for the Department of Transport

The response received was shared with Members and stated: -

The Government recognises the importance of making the local environment convenient, safe and attractive to walk in, and of keeping pavements in good order.  However, in some streets pavement parking may in practice be inevitable to maintain free passage of traffic.  So it is important that local authorities are able to decide on local parking restrictions themselves and they do of course need to consider all road users when taking such decisions.

Local Authorities already have the power to introduce pavement parking restrictions where they consider it appropriate and the Department for Transport has taken steps to assist them in this.  We have issued guidance to local authorities about using Traffic Regulations Orders (TROs) to ban pavement parking where appropriate.  We have also removed the requirement for an individual sign authorisation for local authorities in England (outside London) in such cases, making it simpler and easier for them to ban pavement parking where they  ...  view the full minutes text for item 62.

There were no questions from the public.

A Question had been submitted under Procedure Rule No. 9 by Councillor Jessie Milne.

“If” we go over to a Leader and Cabinet, will the role of Chairman go unchanged and undiminished?  Will the Chairman still be regarded as the “First Citizen” of West Lindsey and will the Chairman still be a focus of Civic Pride?  Will the Chairman still wear the chain of office as a symbol of their status?  And will the Council still stand as a mark of respect for the office of Chairman?"

The Leader of the Council responded.

“Thank you for your question Cllr Milne. You will be aware that a review of the Council’s governance is underway and is being managed by the Governance and Audit Committee.  There is no intention to change the role or the standing of the council Chairman and all of the potential arrangements recognise this role.”

Having heard the response, Councillor Jessie Milne then asked the following supplementary question: -

“How do you explain the picture that appears in the current edition of the County News, with the Leader and the Chief Executive seated side by side and the First Citizen standing behind them, with the Chain of Office obscured by the Leaders head?  Isn’t this a clear demonstration of the path that this Council has taken, with the Leader and the Head of Paid Service working in partnership, with the symbol of local authority left in the background.  In recent Council meetings, it has become difficult to distinguish between the political announcements of the Leader, and the Political announcements made by the Head of Paid Service.  Could I ask for restoration of the democratic process in which the publicly elected members set the policies and monitor their implementation.  Could I ask for a restoration of the norm in which elected membership is held responsible to the public and officers are held responsible to the elected membership.  When I was first elected I was told that the public should see a clear distinction between the officers who are paid to deliver public services, and the councillors who are elected to represent the public interest.  Over the last six years I have seen a complete changeover of senior management and a steady erosion of the member / officer relationship, as a Ward Member I can tell you that we are described as an officer-led Council.  That is unfair to Ward Members and it is unfair to the locally recruited officers who have, and are, giving a lifetime of public service.  Chairman it is time for the Political Leadership of the Council to accept its responsibilities and it is time for the Professional Management Team to recognise those responsibilities. 

As our Chairman knows, the Royal British Legion has a motto it is “Service before Self”.

Yesterday was Remembrance Day, when we pay our respects to all the brave people who have given their lives for this Country, earlier on this year I was approached by Tony Worth, Her Majesty’s former  ...  view the full minutes text for item 64.

No Motions had been submitted under Council Procedure Rule No. 10.

Council gave consideration to a report which sought to “make” (adopt) the Riseholme Neighbourhood Plan.

Riseholme Parish Council, as the qualifying body successfully applied for the town to be designated as a Neighbourhood Area, under the Neighbourhood Planning (General) Regulations (2012), which came into force in January 2015. Following the submission of the Riseholme Neighbourhood Plan to the Council, the plan was publicised and comments were invited from the public and stakeholders. The consultation period closed in August 2016.

West Lindsey District Council appointed an independent Examiner; Mr Andrew Ashcroft, to review whether the plan met the basic conditions required by legislation and whether the plan should proceed to referendum.  This was agreed at the Council meeting of West Lindsey District Council on the 12th September 2016 and, in the outcome of a successful referendum result, it should be ‘made’ (adopted).

A referendum was held on 27th October 2016, 89% of those who voted were in favour of the plan. Paragraph 38A (4)(a) of the Planning and Compulsory Purchase Act 2004 as amended requires that the Council must make the Neighbourhood Plan if more than half of those voting have voted in favour of the plan.

In accordance with the Regulations and the Council’s procedure the Riseholme Neighbourhood Development Plan is ‘made’ and planning applications in the area must be considered against the Riseholme Neighbourhood Development Plan, as well as existing planning policy, such as the West Lindsey Local Plan (2006) and its successors and the National Planning Policy Framework and Guidance     

Representatives of the Riseholme Neighbourhood Plan group attended the meeting to present their Plan and made a short address to Council, thanking Officers, the Neighbourhood Champion, the Parish Council and all Members of the Group for assistance, in developing a successful plan.

In response the Chairman, Leader and, Local Ward Member congratulated the Group on their success and for their hard work. 

RESOLVED:  that the Riseholme Neighbourhood Plan be made in accordance with the Neighbourhood Planning Regulations 2012.

Note:               Councillor Giles McNeill withdrew from the Chamber for consideration of the following item.

The Council was conducting an interim review of polling districts and polling places for Local Government elections.  The review would have regard to the outcome of a review of the Lincolnshire County Council electoral arrangements undertaken by the Local Government Boundary Commission for England.

The Local Government Boundary Commission for England conducted an electoral review of West Lindsey in 2016 regarding the number of Councillors and names, numbers and boundaries of divisions effective from May 2017.  The decisions taken during the current review of polling districts and polling places would be incorporated in the register of electors published on 1 February 2016.

The process to be taken by the local authority in undertaking a review was set out in the report, and on completion of the review the authority must give reasons for its decisions in the review and publish such other information as was prescribed in the Act and regulations.  Details of the Returning Officer’s proposals regarding polling districts, polling places, electorates and postal voters were set out at Appendix 2 of the report.

Public notice of the interim review was given on 23 September 2016 and full details of the review were placed on the Council’s website.  The period for representations to be made on the Returning Officer’s proposals was from 23 September 2016 to 14 October 2016.   In addition further specific consultations were undertaken explaining the reason for the interim review and factors which could influence the Returning Officer’s proposals regarding the location of polling districts/places, with Members, Town and Parish Councils and a number of political groups and the Disability Network.

Two responses were received to the Consultation and these were summarised in the schedule set out at Appendix 1 of the report.  The Council was aware that in a vast, mainly rural area such as West Lindsey, there were many electors who had to travel some miles in order to vote at their allocated polling station.  However, postal voting was available to all electors and was an easier and more convenient method of voting for many electors. 

RESOLVED: that

a)    the Polling Districts and Polling Places be approved; and

b)    delegated powers be approved for the Returning Officer, following consultation with the Chairman and Leader of the Council, to approve changes to polling places occurring during an election period.

At the Council meeting on 10 October 2016 Members approved the establishment of a Trading Company, the Governance documentation to support it, and nominated a number of officers to roles with the trading company.

Since the nominations to WLDC Trading Limited were agreed a further review of the required nominations and the West Lindsey staff available had taken place. The review took account of the fact that the Commercial Director would be leaving West Lindsey District Council on 31 December 2016.

It was recommended that the Council nominate the Chief Executive to be the sole director of WLDC Trading Ltd and its Sure Staff subsidiaries (Sure Staff Lincs Ltd and WLDC Staffing Services Ltd).

In addition the company required a Company Secretary who would be the chief administrative officer of the company, responsible along with the director for certain tasks under the Companies Act. It was recommended that the Financial Services Manager be nominated to this role WLDC Trading Ltd and its Sure Staff subsidiaries (Sure Staff Lincs Ltd and WLDC Staffing Services Ltd).   

The Vice-Chairman sought an update as to how the company was progressing.  In response the Chief Executive advised that to date it was surpassing the targets that had been set.  However the company was not simply about profit making and the social returns it was making was just as valuable.  It was matching local labour with local jobs and providing employment opportunities.  The Chief Executive undertook to make a presentation to the next meeting of Full Council on the benefits and opportunities of Trading Companies for Local Authorities.

Discussion ensued and some Members sought confirmation that no conflict of interest or difficulties would arise from there only being one Director.  Assurance was offered that this was not the case and legal advice had been taken on the matter and could be shared with Members if necessary. 

The Chief Executive reminded Members of the need to be proportionate, this was a small company and in its current state did not require additional Directors or a Board.   The responsibilities of a Company Director, under Companies House law were outlined to Council.  Members with experience of running companies, confirmed they shared this view.  Should the company continue to grow then consideration would be given to appointing an Independent Director.  However an independent director would require remuneration which would need to be funded from any profit the company made and this would need to be a consideration. 

RESOLVED: that

a)    the nomination of the Chief Executive as Company Director of WLDC Trading Ltd and its Sure Staff subsidiaries (Sure Staff Lincs Ltd and WLDC Staffing Services Ltd) be approved;

b)    the nomination of the Financial Services Manager as Company secretary of WLDC Trading Ltd and its Sure Staff subsidiaries (Sure Staff Lincs Ltd and WLDC Staffing Services Ltd) be approved; and

c)    these roles be added to the responsibilities of the officers involved, in the Council’s Constitution.

The report was introduced by the Chairman of the Governance and Audit Committee and set out the proposals for appointing the external auditor to the Council for the 2018/19 accounts and beyond, as the current arrangements only covered up to and including 2017/18 audits.

The auditors were currently working under a contract originally let by the Audit Commission and the contract was novated to Public Sector Audit Appointments (PSAA) following the closure of the Audit Commission.

A sector-wide procurement conducted by PSAA would produce better outcomes and be less burdensome for the Council than any procurement undertaken locally.

Without the national appointment, the Council would need to establish a separate independent auditor panel, which could be difficult, costly and time-consuming; PSAA could ensure the appointed auditor met and maintained the required quality standards and could manage any potential conflicts of interest much more easily than the Council; supporting the sector-led body would help to ensure there was a vibrant public audit market for the benefit of the whole sector and the Council going forward into the medium and long term.

If the Council was to take advantage of the national scheme for appointing auditors to be operated by PSAA for the subsequent years, the invitation had to be accepted by early March 2017.  PSAA had now formally invited the Council to ‘opt in’. Details relating to PSAA’s invitation were provided in an Appendix to the report.

RESOLVED: that the Council accepts Public Sector Audit Appointments’ (PSAA) invitation to ‘opt in’ to the sector led option for the appointment of external auditors for five financial years commencing 1 April 2018.

To receive the Minutes of Committee Meetings published since the Council Meeting on 10 October 2016.

RESOLVED that the minutes of the Committee Meetings published since the Council meeting of 10 October 2016 be received.

The Chairman wished the Commercial Director well in her new role and thanked her for all the work she had undertaken on behalf of the Authority.

The Chairman further announced that the annual council photograph would be taken prior to the next meeting of Full Council (23 January) at 6.30pm in the Aegir Meeting Room.

Finally as this was the last meeting of Full Council in 2016 all Members were wished a very Merry Christmas and a Happy New Year.