Apologies for absence were received from Councillors Graham Cullen, Stephen Eyre, Adam Grist, Steve Kirk, Terry Knowles, Steve McMillan, Fiona Martin, Clare Newman and Paul Rickett.

At this point in the Meeting Members were invited to declare any relevant interests, no such interests were disclosed.

To confirm the Open and Exempt Minutes of the Meeting held on 4^th December 2019.

The Open and Exempt Minutes of the Meeting held on 4th December 2019 were confirmed and signed as correct records.

To confirm Actions following the Meeting held on 4^th December 2019.

The Actions of the Meeting held on Wednesday 4^th December 2019 were noted as complete.

The Chairman extended a warm welcome to those in attendance.  Members received an update on the engagements that the Chairman had attended since the last Council Meeting.  The Chairman advised that his Chaplain, Reverend Cilla Smith was in hospital recuperating from surgery and sent his best wishes along with those of the Council to Reverend Cilla for her recovery.

Report of the Chairman of Executive Board.

The Chairman of Executive Board presented his report further to which questions were raised on the following points:

·         Housing Register - Only 550 applicants were enabled to bid for homes out of the current 1500 currently on the list of applicants, an assurance was sought that this would improve in the future;

·         Ageing Population - Our increasing ageing population and longer life expectancy was something that the Council must keep in mind;

·         Refuse collections - A slight drop in waste per head was good news, but did the Council have a plan for further reductions;

·         Climate Change – Would the newly appointed Climate Change Manager look at the districts carbon footprint as part of the remit of the post;

·         Corona Virus - Was the public health authority receiving the proper lead from government and the appropriate stewardship to deal with the situation;

·         The Cultural Strategy Funding update – This was welcome and it was noted that economic growth was very much the driver, but in terms of wellbeing, cultural experience was of benefit to many and should be an additional focus;

·         The need to focus on young people;

·         The Connected Coast Boards – Would the members of the Place Reference Groups names be made available?

In response, the Chairman of Executive Board responded as follows:

Housing Register – This was a valid point and the Council would look to improve the numbers enabled to bid;

Climate Change - The Carbon Trust was undertaking the work on the carbon footprint on behalf of the District Council; this would inform the work of the Climate Change Manager;

The Cultural Strategy – The Strategy would raise economic activity and the Council would ensure that the therapeutic cultural element would be included; 

The Council was aware of the skills agenda and the need to retain young people;

The Place Reference Group – Councillor Leyland agreed to take up the query on the names of those on the Group.

The Member of the Public was not in attendance, therefore in line with Council Procedure Rule 10.9 a written response was provided.  A copy of the question is attached at Appendix A to these Minutes.

East Lindsey's Approach to the Rough Sleeping Initiative Scrutiny Report.

N.B. This report will be to follow pending consideration by the Overview Committee.

The Chairman of the ‘East Lindsey’s Approach to the Rough Sleeping Initiative’ Scrutiny Panel, Councillor Jackson, presented the Panel’s final report for consideration.

The review was commissioned by the Overview Committee as part of its oversight of the Council’s Rough Sleeping Initiative and had considered the Council’s commitment to support vulnerable people and reduce the number of people sleeping rough in the district.

During her introduction Councillor Jackson expressed her thanks to who had participated in the review.  Councillor Jackson referred to much good practice, but acknowledged that evidence demonstrated an increasing number of people were faced with rough sleeping, which required a concentrated effort to ensure the situation remained in control. 

Councillor Jackson made particular reference to Recommendation 8; Lobbying of Government for funding as crucial and Recommendation 3; Assessment Hub, which required a large investment but had the potential to save money.  Following which, Councillor Jackson recommended the report to Council and welcomed any questions.

During discussion the Portfolio Holder for Communities expressed her thanks for the report and acknowledged the work undertaken by officers.  It was highlighted that Government money had been used wisely and a Rough Sleeping Hub had already been considered to eliminate the use of bed and breakfast accommodation.  It was hoped that others would follow the good practice already established.

N.B. Councillor Aldridge left the meeting at 2.30 pm.

The Chairman of the Executive Board advised that this presented specific issues on the coast and in market towns.  Councillor Leyland also wished to acknowledge the work undertaken by the officers involved and expressed his thanks for the report and also to the Portfolio Holder for Communities.

Following which questions were raised as follows:

·         Were there any mental health trained professionals within the team and would recommendations be guided by a protocol;

·         The need for a definition of homelessness as a lack of clarity could lead to prejudice and enforcement issues;

·         The cost of rental accommodation and private landlords who did not accept those in receipt of benefits;

·         A lack of evidence from volunteer groups and that evidence gathering undertaken by two Members of the Panel had not been included;

·         A member paid tribute to the Chair and Panel in producing a solid piece of work that he considered was supported by appropriate referencing and evidence;

·         Councillor Parkin as Vice Chair of Overview Committee congratulated the Chair and Panel on a good report.  Councillor Parkin highlighted the budget now included provision for individual spot funding, which due to the complexity behind homelessness was most important.  It was highlighted that in terms of evidence from service providers, it was important to be clear on the pathways available and to that end it was suggested that Councillor training or shadowing would be useful. 

In response, Councillor Jackson expressed her thanks for all comments.  In respect of the query on mental health expertise, it was highlighted that there was some expertise within the team, but the advice was not to recruit specifically in terms of mental health.  ...  view the full minutes text for item 82.

To consider suspending Council Procedure Rules to allow the mover of the Budget Report and Group Leaders(s) in response thereto to speak for no longer than 15 minutes on one occasion. (Council Procedure Rule 16.4, Content and length of speeches).

N.B. A recorded vote is mandatory on the Annual Budget Report, in line with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014. (Council Procedure Rule 5.2 (b)).

RESOLVED

That Council Procedure Rules be suspended for the following item to allow the mover of the Budget Report and Group Leaders(s) or representative of, in response thereto to speak for no longer than 15 minutes on one occasion. 

To consider the Annual Budget Report, Medium Term Financial Strategy, Financial Strategies and Council Tax.

The Portfolio Holder for Finance presented the Annual Budget, Medium Term Financial Strategy, Financial Strategies and Council Tax Report.  The report had been presented to and reviewed by Executive Board on 19th February 2020, Executive Board Minute No.74 refers.

A recorded vote was required for this item, in line with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014. (Council Procedure Rule 5.2 (b)). 

In introducing the report the Portfolio Holder for Finance made reference to:

•           Income 2020/21 had been anticipated to be the first year of a new central Government financial settlement and the Council had braced itself for a significant reduction, however due to Brexit uncertainties and Government focus on other priorities, this had not happened;

•           Instead a “single year” largely neutral settlement had been confirmed, so income remained largely unchanged;

•           The annual critical budget challenge had taken place during September, October and November to enable Service Managers the freedom to table budgets, targets and expected risks;

•           Whilst the Council had a further year to build on existing plans to increase its income and to move towards financial sustainability, there was a word of caution, as during 2021/22 the loss of Government Grants would potentially lead to a deficit;

•           It was highlighted that the Council must, in order to provide an appropriate level of budgetary resilience, continue to pursue the projects and activities identified in its Financial Sustainability Strategy and Capital Programme guided by the emerging Corporate Strategy, in order to insulate itself and to generate an improved level of financial resilience.  It was for this reason that it was proposed to increase Council Tax by £4.95 per year, which for Band D homes was equivalent to 9.5p per week;

•           However, it remained a fact that in 2021/22 the Council would be facing a year of significant financial uncertainty.  It was highlighted that this was due to the expectation that Government initiatives such as the business rates reset, new Business Rate system, the Fairer Funding Review and Comprehensive Spending Review 2020 would all affect negatively;

•           The potentially negative effect of BREXIT had been considered, the budget estimate assumed a neutral impact, however fortunately there were mechanisms in place to ensure that the Council could respond to any negative outcomes.  The Government was continuing to provide specific BREXIT related financial support for Councils to the tune of £58m nationally which was welcome;

·                     Reference was made to the foresight applied in augmenting the Council reserves, particularly the Business Rate Volatility Reserve which provided a valuable level of financial strength for the Council and an extended period of time to generate income streams needed to pursue financial sustainability.  It was for this reason it was proposed that a predicted in year surplus of £600k for 2020/21 should not be automatically assigned to reserves, but should be rather assigned for use by appropriate Portfolio Holders to support our Corporate Strategy by:

·         The creation of a Market Towns investment fund

·         To focus on targeted deprivation intervention  ...  view the full minutes text for item 84.

To consider the final proposals for the 2020/21 Local Council Tax Support Scheme.

The Portfolio Holder for Finance presented a report that enabled consideration of the Council’s Local Council Tax Support Scheme.  The Local Government Finance Act 2012 set out the process by which Councils must approve a Local Council Tax Support scheme.  Regulations included protection of pensioners but allowed Councils to make changes in the way that support was calculated for working age claimants.

Following which it was Proposed and Seconded

‘1.        That Council approves, the Executive Board recommendations:-

a)         Uprating and harmonisation of the scheme as appropriate to the DWP welfare reforms in Housing Benefit and the prescribed scheme for pensioners for 2020/21 and future years, and

b)         Introduce a link to the award of Universal Credit, removing the need for customers to make a separate application for Council Tax Support, and

c)         Introduce a £15 weekly (£65 monthly) tolerance rule for Universal Credit customer change in earnings.

2.         That Council delegate: -

a)         Approval for the 2020/21 final scheme policy to the Section 151 Officer in consultation with the Portfolio Holder for Finance, and

Approval for administrative and minor changes for future year schemes to the Section 151 Officer in consultation with the Portfolio Holder for Finance’

During his introduction, the Portfolio Holder for Finance made reference to paragraphs 2.4 and 2.5 of the report presented that referenced the core principles of East Lindsey’s local Council Tax Scheme as:

•           Protection for: - People over pension age (as prescribed by Government), All War Disablement Pensioners, War Widow and War Widowers;

•           People with children, disabilities or caring responsibilities would be supported:- Retention of the core features and continued application of the wide range of provision in the previous Council Tax Benefit (CTB) scheme that recognised the additional needs of the disabled, those with children and those with caring responsibilities;

•           Incentives to work would be supported: - Reference was made to the retention of provision within the previous Council Tax Benefit scheme, thereby maintaining the rate at which support was withdrawn as income increases. 

The Portfolio Holder made further reference to paragraph 4.4 of the report presented that recommended that for future years, scheme charges that were minor or administrative were delegated to the Section 151 Officer in consultation with the Portfolio Holder for Finance.  It was noted that changes that were fundamental and could change the core principles and characteristics of the scheme, would be considered by Executive Board and be subject to consultation as part of the scheme decision making process.

Further reference was made to:

·         Linking Council Tax support with universal credit would make it simpler and more timely for customers to access CTS, preventing delay and potential loss in support (under scheme rules, if an application was made late it could only be backdated for one month);

·         Introducing a tolerance rule for the revision of earnings at £15 per week (£65.00 per month) would ensure smoothing of customers fluctuating UC awards, and not disadvantage those customers receiving greater or occasional beneficial change.  Officers would have  ...  view the full minutes text for item 85.

To consider the proposed Corporate Strategy as attached at Appendix 1.

A report was presented that enabled consideration of the Council’s Corporate Strategy as detailed at Appendix 1 to the report presented.  It had been agreed that the Council should produce a new Corporate Strategy in order to set the future overarching priorities for the organisation, in this case, for up to 10 years.  It was noted that input from Councillor Workshops and consultation had been fed into the proposed strategic aims.

During his introduction, the Chairman of Executive Board expressed his thanks to residents for taking part in consultation.  In total 88 public responses had been received, some presenting conflicting views, these had been analysed and would be provided online.  Workshops for staff, Councillors and Town and Parish Councillors had taken place.  Comments had been considered in forming the Corporate Strategy.

Following which it was Proposed and Seconded

‘That the proposed Corporate Strategy as attached at Appendix 1 to the report presented be approved’

During discussion a Member voiced her concerns that it had been necessary to send out an amended Corporate Strategy document following the initial publication and stated that the document should have been quality checked before publishing.  Furthermore, it was highlighted that the amended document still contained a typographical error. 

With regard to the content, further concerns were raised as follows:

·         The document had not referenced the importance of agriculture to the area or its influence in shaping the district;

·         The nationally important natures sites referenced within the Strategy required more explanation;

·         In respect of residents thriving, it was suggested that coastal apprenticeships for example, Mablethorpe may decline when the Council moved to Horncastle;

The Leader of the Labour Group raised a point of information; he advised that currently Mablethorpe was the nearest opportunity for apprenticeships for some but not the only opportunity.

The Chairman of Executive Board apologised that the document had required amendment, but was clear that the correct version had been provided immediately once the errors had been noted.  Councillor engagement in the Strategy was welcome but the Chairman of Executive Board was equally happy to discuss any further ambitions for the Council after the meeting.

Following which it was

RESOLVED

That the proposed Corporate Strategy (attached at Appendix 1 to the report presented be approved.

 To consider amendments to the Council’s Constitution.

A report was presented that enabled consideration of amendments to the Council’s Constitution.  The recommendation sought Member support to amend the Council’s Constitution, to: 

•           Provide delegated authority to the Service Manager - Public Protection to immediately suspend or revoke a hackney carriage or private hire vehicle driver’s licence where it was considered necessary and appropriate in the interests of public safety.  The suspension or revocation process to be in line with the Rapid Response (Fast Track) Procedure set out at Appendix 2 to the Report; and;

•           To amend the Scheme of Delegation and the Financial Procedure Rules so as to remove the inconsistencies’ in respect of write off limits afforded to the Council’s Section 151 Officer, and to bring them all into line with the write off limit contained within the Table at Page 214 at Part 4 - Article 31 (Financial Procedure Rules) of the Council’s Constitution.

Members noted that it was important that the Constitution was regarded as a dynamic document which maintained its currency by incorporating changes to reflect constantly changing circumstances, and amendments to remedy inconsistencies.  The suggested changes required approval by Council. 

Following which it was Proposed and Seconded

‘That the amendments to the Constitution outlined at Appendix 1 (a) & (b) to this report presented be approved by Council’. 

RESOLVED

That the amendment to the Council Constitution outlined at Appendix 1 (a) & (b) to the report presented be approved by Council. 

To consider the report of the Independent Remuneration Panel.

A report was presented that enabled consideration of recommendations from the East Lindsey Independent Remuneration Panel (IRP) in respect of the East Lindsey District Council Members’ Allowances Scheme (01 April 2020 to 31 March 2024).  The final report of the Panel and its recommendations were attached at Appendix 1 to the report presented, pages 235 to 258 of the Agenda refer.

Members noted that this was a process the Council followed every four years to set the allowances for Councillors.  All Councillors had been invited to contribute and a number had done so.  The Chairman of Executive Board in introducing the report proposed that the recommendations were accepted, but voiced some concerns that a number of valid proposals from Members to the IRP had not been included.

Following which, it was Proposed and Seconded

‘1.        That the Council consider whether to accept the following features into its Members’ Allowance Scheme (1 April 2020 – 31 March 2024) as recommended by the Independent Remuneration Panel:

                      I.        That the Basic Allowance be increased by £50 per annum;

                    II.        That the Special Responsibility Allowances for the Chairman and Vice Chairman of the Planning Committee be adjusted to reflect those paid to Chairmen and Vice Chairmen of the Council, Overview Committee and Audit and Governance Committee;

                   III.        That the Basic Allowance and Special Responsibility Allowances continue to be index linked to the Local Government Pay Award as agreed by the National Joint Committee for Local Government Services;

                  IV.        That the Dependants’ Carers’ Allowance continues to be paid up to and index linked to the National Living Wage;

                   V.        That mileage rates continue to be index linked to the HMRC approved mileage rates and that subsistence rates continue to be index linked to the ELDC officer subsistence rates;

                  VI.        That the criteria for mileage claims be clarified within the Scheme to reflect that the maximum claim be from the Member’s home address to the place of the approved duty and that mileage ordinarily incurred (e.g. commuting mileage) be deducted from any claims.

2.    That the Council approves its Members’ Allowances Scheme (1 April 2020 – 31 March 2024) whilst having regard to the recommendations made to it by the Independent Remuneration Panel’.

During discussion a Member stated that the special responsibility allowances cost between £80k - £90k per annum and specifically referred to the allowances paid to and the responsibilities of the Vice Chairman of the Committees.  It was highlighted that the report had referenced a lack of evidence to the Panel on the role of Vice Chairman and the Member queried the responsibilities of this role. 

Further to which an Amendment was proposed as follows:

‘That this Council takes up the offer of the Independent Remuneration Panel to look at the remuneration of specifically the Special Responsibility Allowance payable to Vice Chairmen in more depth and provide a further report back to the Council.’

It was highlighted that the Amendment was based on concerns regarding value for money and a lack of  ...  view the full minutes text for item 88.

To consider the continuation of the arrangement to grant delegated power to Horncastle Town Council to make some planning decisions.

A report was presented that enabled consideration of the continuation of the present arrangement to grant delegated power to Horncastle Town Council to make some planning decisions.

This arrangement was initially approved by Council on the 18th July 2018, Council Minute No. 29 refers, with the recommendation that a report be brought back to Council within 18 months of that date to provide an appraisal and update on the matter.

During his introduction the Portfolio Holder for Planning advised he hoped that this was something that other Town and Parish Council’s in adopting a Neighbourhood Plan would subscribe to in the future.  This particular trial had been a success and was described as an example to others.

Following which, it was Proposed and Seconded

‘That delegated power to Horncastle Town Council to make planning decisions in accordance with the proposed Memorandum of Understand and Schedules approved on 18 July 2018 be approved.’

RESOLVED

That delegated power to Horncastle Town Council to make planning decisions in accordance with the proposed Memorandum of Understanding and Schedules approved on 18 July 2018 be approved.

Chief Executive Authorising Action for noting.

The Chief Executive advised that due to recent resignations Horsington Parish Council was inquorate and as such unable to convene a formal meeting or to take decisions.

Under Section 91 of the Local Government Act 1972 the District Council could appoint a temporary Parish Councillor, enabling the Parish Council to become quorate and thereby enact its business. This appointment was for a maximum period of six months or until the Parish Council became quorate through election, whichever was the sooner.

The District Council had previously confirmed delegated powers to the Chief Executive to make temporary appointment(s) as required and report such action to the Council for information.

On 27 January 2020 an Order was made to temporarily appoint Councillor William Gray to Horsington Parish Council. Two copies of the Order were sent to the Secretary of State as required under legislation.

Subsequent to the Chief Executive’s authorising action sufficient valid nominations were received through the election process to fill the vacancies on Horsington Parish Council.

RESOLVED

That the Chief Executive’s Authorising Action be noted.

To review the Draft Minutes of the Audit and Governance Committee of 22^nd January 2020.

The draft Minutes of the Audit and Governance Meeting held on 22 January 2020 were provided for noting.

A Member highlighted an error at Minute No. 53 - Q3 Treasury Management Update, the last bullet point on page 282 of the Agenda refers.

That ‘Lancashire County Council’ be amended to read ‘East Lindsey District Council’.

In addition, an apology was noted from Councillor Hibbert-Greaves for the above meeting.

RESOLVED:

That the Draft Minutes of the Audit and Governance Meeting of 22 January 2020 be noted.

To receive Motions on Notice under Council Procedure Rule 12:

Motion 1:

This Council resolves:

To encourage organisers of all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people

To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks

To encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.

To deter the use of sky candle devices that can set fires causing considerable damage and cost to members of the public and the farming community, the debris from such devices when returning to earth can be ingested by farm and wild animals alike causing untold suffering and death.

Proposed by Councillor Graham Marsh

Seconded by Councillor Helen Matthews

Motion 2:

A number of Lincolnshire councils have adopted the IHRA definition of Antisemitism....it is appropriate that his council now does the same. We should not tolerate hate based on religious belief.

Whilst there have been instances of hatred appallingly directed at several religions, worryingly there is an upward national trend in antisemitic hatred that must not be tolerated.

The United Nations Special Rapporteur on Freedom of Religion or Belief recently released a report which agreed that the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism can offer valuable guidance for identifying antisemitism in its various forms.

The IHRA definition is as follows:

 “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities”.

This definition is encouraged in its use in “education, awareness-raising and for monitoring and responding to manifestations of antisemitism”.

I therefore move that this Council formally adopts the IHRA definition of antisemitism, sending a clear message to communities in the district of East Lindsey that we will not and do not tolerate religious hatred, and reflecting this by including this definition in the Council’s Equality and Diversity Policy.

Proposed. Cllr Craig Leyland

Seconded Cllr William Grover.

Motion 1:

This Council resolves:

To encourage organisers of all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people.

To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks.

To encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.

To deter the use of sky candle devices that can set fires causing considerable damage and cost to members of the public and the farming community, the debris from such devices when returning to earth can be ingested by farm and wild animals alike causing untold suffering and death.

Councillor Marsh advised of an Amendment from the Labour Group, which he was happy to include as follows:

‘To instruct Officers to develop and publish a Code of Conduct to govern displays held on ELDC property.’

The amended Motion was duly Proposed and Seconded.

Councillor Marsh in proposing the Motion advised that this had been recommended by many organisations, including the Royal Society for the Protection for Animals (RSPCA) and the National Farmers Union (NFU).

The Leader of the Labour Group expressed his thanks to Councillor Marsh for accepting the Labour amendment.

Further to which comments were invited:

·         A Member referred to fireworks outside of bonfire night celebrations, which it was highlighted were popular at weddings and other celebrations, it was stressed that the neighbourly action in such circumstances would be to make the immediate neighbours aware;

·         A Member supported the Motion but stressed that the RSPC Motion went further as it requested Government to restrict the use of fireworks to 90 decibels and asked why this had not been included in this Motion;

·         A Member raised a point of order, stating that he had been advised by an officer that commercial ventures were not permitted on East Lindsey District Council land and queried why the amendment was necessary in this case.  Furthermore the Member asked for clarification on how any procedures would be advertised;

The Monitoring Officer advised that he believed the amendment was to ensure that if the Council was to allow displays, it must ensure processes were in place to govern the procedure but would be happy to discuss further outside of the meeting. 

·         A Member supported the Motion as amended as he considered it struck the right balance, but stressed the danger of sky candles;

The Chairman of Executive Board advised on the point of order that this would be considered by scrutiny and residents would be consulted. 

Councillor Matthews in seconding the Motion advised that whilst legislation was changing, the Council could have some control in its own area.

In thanking all for their comments and support, Councillor Marsh advised that quieter fireworks was a government initiative but that the Council could encourage their use.  In respect of commercial displays, non-profit making displays were  ...  view the full minutes text for item 92.

N.B. Councillor Horton asked that it be noted that he was a former

Chairman of Louth United and a previous owner.

Exempt report of the Chief Executive.

This item had been withdrawn from the Agenda.

The programmed date for the next Meeting of the Council will be the Council Annual General Meeting on Wednesday 13^th May 2020.

The programmed date for the next Meeting of the Council was noted as Wednesday 13th May 2020.