2021 Town Council Minutes of Meetings

May 2021 Minutes

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MINUTES of the Annual Council Meeting held on Wednesday 5th May 2021 at 6.20PM held virtually via Zoom.

Present:

Councillor S. Bunney (Chairman), Councillor M. Lakin - Whitworth (Vice-Chairman), Councillor K. Bridger, Councillor L. Burnett, Councillor P. Harrold, Councillor M. Hassan, Councillor J. Pilley, Councillor T. Smith, Councillor N. Taylor, Councillor C. Turner.

In Attendance:

Lucy Waller – Town Clerk and Responsible Financial Officer

District Councillor - S. Bunney

Dianne Tuckett– Market Rasen Mail

The Meeting opened at 18:20

1. To ELECT the Town Mayor

Following nominations, proposal, seconding and a vote it was RESOLVED that Councillor S. Bunney be elected as Town Mayor (Chairman) for the municipal year 2021/22.

2. To RESOLVE that the Town Mayor’s Declaration of Acceptance of Office will be signed in the Clerk’s presence as soon as is prictically possible.

The above RESOLOUTION was passed.

3. To ELECT the Deputy Town Mayor

Following nominations, proposal, seconding and a vote it was RESOLVED that Councillor M. Lakin-Whitworth be elected as Deputy Town Mayor for the municipal year 2021/22.

4. To RESOLVE that the Deputy Town Mayor’s Declaration of Acceptance of Office will be signed in the Clerk’s presence as soon as is practically possible.

The above RESOLOUTION was passed.

Action Point: Clerk to arrange for signing of Declarations of Acceptance of Office

5. Opening comments (If any).

Councillor Bunney welcomed all present to the meeting and highlighted areas that he hoped that the council would address in this municipal year including:

Succession planning
Inward investment and improvements to the town.
Improved visitor economy through joint working with West Lindsey District Council.

6. To NOTE Apologies for absence and RESOLVE to accept reasons for absence.

No apologies were received from members. Members noted apologies from West Lindsey District Councillor McNeil.

7. To receive any declarations of interest in accordance with the requirements of the localism Act 2011. Members may make any declarations of interest at this point but may also make them again at any time during the course of the meeting.

Councillor S. Bunney declared a pecuniary interest in payments TP 59 & 61 – Agenda Item 21.

8. Public Participation. To adjourn the meeting for the Public Forum (max 20 minutes)

None.

9. To RESOLVE to approve the draft minutes of the last meeting, held on 7th April 2021.

It was RESOLVED to approve the draft minutes of the last meeting, held on 7th April 2021, as a correct record.

10. To NOTE any update on Action Points

Members noted the report.

11. Committee Minutes:

To NOTE the draft minutes of the Finance Committee held on 19th April 2021and RESOLVE to adopt or not any recommendations within those draft minutes.

The draft minutes were noted, as no recommendations were made no further resolution was necessary.

To NOTE the draft minutes of the Properties Committee held on 26th April 2021 and RESOLVE to adopt or not any recommendations within those draft minutes, Inclusive of the recommendation for the contractor to undertake the Festival Hall roof repairs.

Members noted the draft minutes and RESOLVED to adopt the recommendations of the committee including the award of the contract for the Festival Hall Roof encapsulation to MSC Trade Contractors at £31,370 + VAT.

12. To REVIEW and RESOLVE adoption of the below policy and governance documents:

Standing Orders
Financial Regulations
Complaints
Communications (Press /media)
Freedom of information & Data Protection policies (Freedom of Information, Data Breach, Data Protection, Privacy Notices, Subject access procedure)
Employment Policies (Health & Safety Policy, Anti-bullying & harassment policy, Capability procedure, Disciplinary policy, Grievance policy, Lone worker policy, Overtime policy, Performance improvement policy, Sickness & absence policy, Training policy.)
Safeguarding Policy.

Members noted the officer report and resolved to adopt the below policies unchanged:

Complaints

Communications (Press /media)
Freedom of information & Data Protection policies (Freedom of Information, Data Breach, Data Protection, Privacy Notices, Subject access procedure)
Employment Policies (Health & Safety Policy, Anti-bullying & harassment policy, Capability procedure, Disciplinary policy, Grievance policy, Lone worker policy, Overtime policy, Performance improvement policy, Sickness & absence policy, Training policy.)

Safeguarding Policy.

The Standing Orders were adopted subject to the below amendments:

3F Removal of - and also a Publication Participation clarification agenda points at the end of the meeting of 5 minutes.
9b – to read written notice of motions for the meeting 5 clear days, resubmissions of wording of unclear motions to 4 clear days.
17c & 17d - removal of reference to receipts and payments to be replaced with income & expenditure.
18, (V) to read whether contracts with an estimated value below £25,000 due to special circumstances are exempt from a tendering process or procurement exercise. C) to read A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity unless it proposes to use an existing list of approved suppliers (framework agreement).
28 to include updated delegation to Committees and Clerk as per adopted Terms of Reference of Committees.

The Financial regulations were adopted subject to the below amendments:

Throughout any reference to Finance and Facilities Committee to be replaced with Finance Committee or other committee/Full council as appropriate to new committee structure.
3.1 to be removed.
4.3 to read unspent provisions in the revenue or capital budgets for completed projects shall not be carried forward to a subsequent year.
6.2 to read the council will not maintain any form of cash float. All cash received must be banked intact.
11.1 to read 1.1. Following the annual risk assessment (per Financial Regulation 17), the RFO shall effect all insurances and negotiate all claims on the council's insurers.
11.2 to be removed.
The upper limit before which a tender process is required to be changed to £25,000 throughout financial regulation 11.

Action Point: Clerk to update policies as per resolution.

13. Council committees 2021/2022

To REVIEW the current committee structure.

Members reviewed the committee structure, and it was RESOLVED to maintain the current structure with the addition of an Environmental Committee – with terms of reference and membership to be decided at the next meeting of Full Council.

To RESOLVE to adopt committee Terms of Reference including any necessary alterations for:

The Finance Committee
The HR Committee
The Properties Committee
The Planning and Development Committee

It was RESOLVED to adopt the terms of reference as appended to these minutes. (Appendices A-D)

To APPOINT Members to:

The Finance Committee
The HR Committee
The Properties Committee
The Planning and Development Committee

It was RESOLVED appoint Members to the Committees as shown in the table appended to these minutes. (Appendix E)

To ELECT A Chairman and a Vice-Chairman for each of:

The Finance Committee
The HR Committee
The Properties Committee
The Planning and Development Committee

It was RESOLVED to elect the Chairmen of the Committees as shown in the table appended to these minutes. (Appendix E) It was RESOLVED to allow the Committees to appoint Vice -Chairmen at the first meetings of the committee.

14. Appointments:

To RESOLVE the appointment of the Parish Champion.

It was RESOLVED to appoint Councillor M. Lakin -Whitworth as Parish Champion.

To RESOLVE the appointment of a Safeguarding Lead.

It was RESOLVED to appoint Councillor C. Turner as Safeguarding Lead. Councillor Turner was asked to deliver a short training session on safeguarding at the next meeting.

15. To REVIEW the inventory of land and other assets including buildings and office equipment.

Members reviewed and RESOLVED to approve the asset list, the Clerk was asked to check the status of various pieces of street furniture and some equipment (trolley and Sack barrow) to check if they needed to be included on the asset list.

Action Point: Clerk to check status of Items.

16. CONFIRMATION of arrangements of insurance cover in respect of all insurable risks.

Members noted the report and confirmed that the Council had adequate insurance in place.

17. To REVIEW the Council’s expenditure incurred under s.137 of the Local Government Act 1972.

Members noted the report highlighting the S137 spend of £67.99 for 2020-21 which was confirmed to be within the legal limit of £8.32 per elector (£ 27,031.68). The expenditure on Covid-19 help information leaflets and a Poppy Wreath were confirmed to be of proportionate benefit to some or all of the residents of Market Rasen. Members noted the 2021/22 S137 limit is £8.41 per elector.

18. To REVIEW the Council’s and/or staff subscriptions to other bodies.

Members Reviewed the current subscriptions and RESOLVED to continue to subscribe to Lincolnshire Association of Local Councils (LALC) and Clerk Membership of the Society of Local Council Clerks (SLCC) It was also RESOLVED not to pay further subscriptions for Rural Market Town Group (RMTG) or Zoom.

Action Point: Clerk to cancel Zoom subscriptions and not renew RMTG.

19. To RESOLVE the date and place / method of meetings for the municipal year 2021/2022.

Members noted that following confirmation that remote meetings would no longer be legal from midnight on the 6th May, it was RESOLVED to set the below meetings for the municipal year:

Full Council 7pm -to be held in the Festival Hall main room until such time as the smaller Committee Room is available and suitable for use under Covid-19 regulations.

2021

June 2nd, July 7th, August – no meeting, September 1st , October 6th , November 3rd, December 1st.

2022

Jan 12th (2nd Wednesday due to Christmas break), Feb 2nd, March 2nd

April 6th, May 4th (Annual Town Council Meeting)

Town Meetings

Additional town meeting – TBC later in 2021/22

Annual Town Meeting - TBC (Between March 1st and June 1st, 2022)

Committee Meetings - dates and times to be confirmed:

Properties Committee to meet in October to inform Budget.

HR Committee to meet in October to inform Budget.

Planning & Development to meet in October to inform Budget.

Finance Committee to meet in the month following each quarter end, July, Nov (adjusted to meet precept requirements) Jan, April.

Other meetings to be called on an ad-hoc basis in accordance with each committee’s terms of reference.

20. To NOTE the Clerk’s report and the Community Manager’s report.

Members noted the reports.

21. To RESOLVE to approve the accounts for payment.

Members noted the accounts, and it was RESOLVED to approve the below accounts for payment:

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22. Items for the next agenda

None

23. Risk Management

A previously highlighted hole at Mill Road Playing Field was mentioned as a risk. Members noted that officers were aware, and a site visit was planned to assess repair needs.

The meeting closed at 19:47pm

APPENDIX A

Terms of Reference Finance Committee:

The Finance Committee is a standing committee of Market Rasen Town Council. Meetings: Four ordinary meetings of this committee will be scheduled annually at the Annual Council Meeting to follow the close of each financial quarter. (July, Nov (adjusted to meet precept requirements) Jan, April. Additional meetings may be called by the Chairman of the Committee in consultation with the RFO as and when deemed necessary, subject to 5 working days’ notice.

Membership:

5 Councillors will be appointed annually at the Annual Council Meeting as voting members including the Chairman and Vice Chairman of the Council. If a councillor resigns from the Committee/Council during the year a new councillor will be appointed at the next appropriate Full Council meeting. The quorum of the Committee shall be three Members.

Chairman / Vice Chair:

The Chairman of the Committee a will be elected annually by the Full Council at the Annual Council Meeting. The Committee may appoint its own Vice- Chair.

Terms of Reference:

Full Council will review these Terms of Reference each year at the Annual Council Meeting and when necessary, make any changes.

Voting:

Only appointed committee members may vote and participate at a meeting. In the case of an equal vote the Chairman of that meeting shall have a second or casting vote.

Appointment of Working groups:

The Committee may as it feels fit appoint working parties made up of no less than 2 members of the committee, to undertake work relating to any of its duties or responsibilities and report back to the Committee, the Committee will determine the terms of reference for the working group.

Admission of the Public, Press and Non-Member Councillors:

The Public and Press will be admitted to all meetings of the Committee in line with the Council’s Standing Orders. However, there will be no public participation session and Non-member councillors/ members of the public/press may not speak unless invited to do so by the Chairman of the committee. If required, the Committee will have the right to pass a resolution to exclude the press and public in accordance with s1(2) of the Public Bodies (Admission to Meetings) Act 1960 where the Press and Public be excluded from the meeting during consideration of these items due to the confidential nature of this item. Where the press and public are likely to be excluded from the meeting this will be advertised on the Committee’s agenda.

Minutes of Meetings:

The minutes of the meetings will be approved at the next meeting of the Committee, if the committee does not meet before the next Full Council meeting the draft minutes will be presented at the Full Council meeting to note and to resolve approval or otherwise of any recommendations of the committee.

Staffing:

Administration of the committee rests with the Clerk & RFO (or a duly appointed person in their absence).

Responsibilities:

The Committee will make recommendations to full Council regarding the management of the Council’s financial affairs in accordance with legislative requirements, regulations, and guidelines.

It will Review the below and make recommendations to Council based on those reviews:

• Council’s banking arrangements,

• Council’s accounting practices and systems.

• Charges made by the Council including those for the Festival Hall, Market and Old Police Station.

• Council’s Budget (Recommendation to Council in January of budget and precept request to allow council to determine precept levels)

• Forward planning and the provision of earmarked reserves for the replacement of equipment and property.

• Council insurance, to ensure Council is adequately insured (reviewed annually)

• Financial Regulations, to be reviewed annually ensuring they are observed and make appropriate recommendations on updates to Full Council.

• Internal and External Audit Reports (although in accordance with s11 of the Audit Commission Act 1198 Auditor reports will be issued in full-to-Full Council for consideration prior to receiving any recommendations from the committee).

• All legal matters pertaining to, insurance claims, loans, insurance cover and debt recovery.

Delegated Powers

The committee has full delegated powers for the below matters:

• To negotiate the rent or purchase of land or properties on behalf of the Council when instructed to do so by resolution of the Council and to make recommendations to Full Council regarding the terms of the negotiation.

• To receive quarterly the financial reports from the RFO as set out in the Financial Regulations and standing orders on behalf of the Council and to make any recommendations to council based on those reports.

• To submit the Precept, estimate to West Lindsey district Council in November based on the committee’s projected budget requirement at that time.

• To receive budget recommendations / requests from other Council committees which will be used to inform budget recommendations made to Full Council.

• To appoint a member each quarter to undertake the Councils’ internal financial Control check list.

Note: In accordance with the Local Government Act 1972 (s101) any arrangements made by Full Council for the discharge of functions does not prevent Full Council from exercising those functions when required.

APPENDIX B

Terms of Reference HR Committee:

Membership:

Membership of the Committee, including ex-officio members, will not exceed 5 members. Members to include, Chairman of Finance Committee, Chairman of Planning Committee & Chairman of Properties Committee. Quorum: A minimum number of three Committee members of the council are required for decision making purposes.

Purpose of the Committee:

The H.R Committee will have delegated powers on management of Council employees in line with relevant legislation and the Council’s policies and Standing Orders.

Meeting Arrangements and Frequency:

One ordinary meeting of this committee will be scheduled annually at the Annual Council Meeting, in October to inform the budget setting process. Additional meetings may be called by the Chairman of the Committee in consultation with the Clerk & RFO as and when deemed necessary, subject to 5 working days’ notice.

The Clerk or other delegated person will record meetings.

Terms of Reference:

Full Council will review these Terms of Reference each year at the Annual Council Meeting and when necessary, make any changes.

Voting:

Only appointed committee members may vote and participate at a meeting. In the case of an equal vote the Chairman of that meeting shall have a second or casting vote.

Appointment of Working groups:

Admission of the Public, Press and Non-Member Councillors:

Minutes of Meetings:

The Chairman will provide a verbal update to Full Council on any issues of relevance.

Responsibilities:

The Committee will:

1. Advise Full Council on the establishment and review of salary pay scales.

2. Take a lead in the recruitment and appointment of staff.

3. Advise Full Council on new employment contracts and changes to contracts.

4. Establish and review performance management – including annual Pay Reviews and staff development programs:

• The Town Clerk to be reviewed by the HR Committee, who then report to Full Council.

• The Community Manager to be reviewed by the Town Clerk who then reports to the HR Committee.

• The Caretakers to be reviewed by the Community Manager in conjunction with the Town Clerk who then reports to the HR Committee.

5. Take a lead in any process leading to the dismissal of staff – including redundancy.

6. Keep under review staff working conditions and health and safety matters, bringing recommendations to full council.

7. Monitor and address regular or sustained staff absence.

8. To advise full council on staffing related expenditure.

9. To consider and advise Full Council on any grievance or disciplinary matter and any appeal.

10. To ensure health and safety regulations are adhered to.

11. To address any other matters relating to HR issues.

12. To recognise and record (on behalf of Full Council) outstanding contributions to the council’s goals and the community.

Delegated Powers:

1. To review staffing structures and levels and make recommendations to the Council.

2. To agree and review annually contracts of employment, job descriptions and person specifications for staff. Report

3. To review staff salaries and terms of conditions and make recommendations to Council.

4. To appoint from the full council membership, three members to hear any formal grievance made by the Town Clerk and any appeal by other staff against the outcome of a grievance investigation undertaken by the Town Clerk.

5. To review health and safety at work for all Council employees.

6. To ensure the Council complies with all legislative requirements relating to the employment of staff.

Qualification: It is fundamental that a local council understands that decisions relating to employment cannot be delegated to individual councillors, including the Chairman. Members of the Human Resources must have a good knowledge and understanding of employment and local council legislation, and effective employment practices.

APPENDIX C

Terms of Reference Properties Committee

Committee:

The Properties Committee is a Standing committee of Market Rasen Town Council.

Meetings:

One ordinary meeting of this committee will be scheduled annually at the Annual Council Meeting to fall in October in order to make budgetary recommendations to the Nov Finance Committee. Additional meetings will be called by the Chairman of the Committee in consultation with the Town Clerk as and when deemed necessary, subject to 5 working days’ notice.

Membership:

7 Councillors will be appointed annually at the Annual Council Meeting as voting members including the Chairman and Vice Chairman of the Council and the Chairman of the Finance Committee. If a councillor resigns from the Committee/Council during the year a new councillor will be appointed at the next appropriate Full Council meeting. The quorum of the Committee shall be three Members.

Chairman / Vice Chair:

The Chairman of the Committee will be elected annually by the Full Council at the Annual Council Meeting, the Committee may appoint a Vice-Chair.

Terms of Reference:

Full Council will review these Terms of Reference each year at the Annual Council Meeting and when necessary, make any changes.

Voting:

Only appointed committee members may vote and participate at a meeting. In the case of an equal vote the Chairman of that meeting shall have a second or casting vote.

Appointment of Working groups:

Admission of the Public, Press and Non-Member Councillors:

If required, the Committee will have the right to pass a resolution to exclude the press and public in accordance with s1(2) of the Public Bodies (Admission to Meetings) Act 1960 where the Press and Public be excluded from the meeting during consideration of these items due to the confidential nature of this item. Where the press and public are likely to be excluded from the meeting this will be advertised on the Committee’s agenda.

Minutes of Meetings

Staffing:

Administration of the committee rests with the Clerk (or a duly appointed person in their absence) the attendance of the Community Manager can be requested at meetings where the Chairman deems this necessary.

Responsibilities

To manage aspects of the Council’s properties listed under delegated powers ensuring that properties are well maintained and compliant with all relevant standards and legislation.

To manage the early stages of Council contracts regarding property e.g., specifications and seeking of quotes, and to make a recommendation to Full Council regarding quotes received.

To make recommendations to Full Council regarding any legal issues in relation to Council owned property.

Delegated Powers

The committee has full delegated powers for the below matters provided that decisions do not exceed the set annual budget for that area: (Where funding is required outside of agreed budgets decision making must be referred to full council.)

Maintenance and policy, regarding the Council’s market, the Festival Hall and Old Police Station
Maintenance & policy setting regarding all the Council’s other properties including the Office building, recreation areas, green spaces, public seating, litter and dog waste bins and war memorials.
Management of Christmas illuminations
Submitting of budget recommendations to the Finance committee

APPENDIX D

Terms of Reference Planning & Development Committee

Committee:

The Planning and Development Committee is a Standing committee of Market Rasen Town Council.

Meetings:

Meetings will be called by the Chairman of the Committee in consultation with the Town Clerk as and when deemed necessary, subject to 5 working days’ notice.

Membership:

5 Councillors will be appointed annually at the Annual Council Meeting as voting members including the Chairman of the Council. If a councillor resigns from the Committee/Council during the year a new councillor will be appointed at the next appropriate Full Council meeting. The quorum of the Committee shall be three Members.

Chairman / Vice Chair:

The Chairman of the Committee will be elected annually by the Full Council at the Annual Council Meeting, the Committee may appoint a Vice-Chair.

Terms of Reference:

Full Council will review these Terms of Reference each year at the Annual Council Meeting and when necessary, make any changes.

Voting:

Only appointed committee members may vote and participate at a meeting. In the case of an equal vote the Chairman of that meeting shall have a second or casting vote.

Appointment of Working groups:

Admission of the Public, Press and Non-Member Councillors:

The Public and Press will be admitted to all meetings of the Committee in line with the Council’s Standing Orders. There will be a public participation session during which Non-member councillors/ members of the public/press may speak, outside of the public session Non-member councillors/ members of the public/press may not speak unless invited to do so by the Chairman of the committee.

Minutes of Meetings

Staffing:

Administration of the committee rests with the Clerk (or a duly appointed person in their absence).

Responsibilities

Market Rasen Town Council Planning & Development Committee will consider all planning applications as notified by West Lindsey District Council or Lincolnshire County Council.

All planning applications, irrespective of type of application are reported to the Planning & Development Committee members.

To be decided via email consultation with all Planning and Development committee members:

Members will be emailed with all the relevant information for ‘minor’ applications, these would usually be decided by the Planning Authority Case Offers and include:

Single storey rear extensions
Porches and conservatories
Garage conversion into habitable space
Repairs/restorations to listed buildings.
Advertising
Summerhouses and offices in gardens
Variation of conditions
Tree works.

The Clerk will advise Members of a deadline for reply. Responses will be collated and the planning authority informed. If opinion is divided a meeting will be arranged to debate the issues and formulate a response to the consultation. Any Member of the Planning & Development Committee can ask that the application be considered by a Committee Meeting.

The submitted responses will be noted at the next available Planning & Development Committee meeting.

To be decided at a Planning & Development Committee meeting:

Members will be summoned to a meeting in accordance with these committee terms of reference for the following types of application:

Demolition and replacements.
Large extensions.
Applications with a substantial impact on neighbours/street scene
Change of use.
Applications requiring listed building consent (not including repairs and restoration)
Infill
New developments
Social infrastructure
Community facilities

Any Council Member can request that a ‘major’ application be referred to a meeting of Full Council. (this may require an extension to the consultation deadline)

Delegated Powers

The committee has full delegated powers for the below matters:

To consider and comment on all plans and maps relative to Market Rasen submitted by other authorities and to forward observations to the appropriate authorities unless otherwise directed by the Town Council.
To consider all other matters analogous to Planning and to bring to the notice of the appropriate authority any apparent breaches of the Planning Regulations.
To consider matters relating to Tree Preservation Orders and act or respond accordingly.
To consider matters relating to the Town’s highways, footpaths and bridleways and liaise with the appropriate authorities.
To consider other matters relating to the built and rural environment and act or make recommendations to the Council.
To liaise with the police and relevant authorities regarding road traffic and road and pedestrian safety issues.

The Clerk has delegated powers to formulate and submit a response to minor planning applications following email consultation with the members of the Planning and Development Committee.

APPENDIX E

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