PROCEEDINGS A meeting of the Lancaster City Council was held at the Town Hall, Morecambe at 2.00 p.m. on Wednesday, 14th October, 1998, when the following Members were present:- J. Airey P. J. Kavanagh I. S. Barker A. M. Kay D. J. Beckingham G. Knight Eric Blamire J. R. Lodge M. Eileen Blamire T. A. Metcalfe M. Blenkinship Richard J. Newman-Thompson A. Briggs P. M. Quinton C. J. Broad J. Race A. C. Bryning (Mayor) M. M. Rainford K. W. Budden A. Roberts S. Burns P. Robinson E. Bush C. G. Rogers R. Clark S. Rostron R. J. Day P. L. Rye S. E. Denwood R. J. Sherlock T. E. Evans H. M. Shuttleworth J. A. Fearnley D. B. Stanley J. Fretwell J. G. Sutton W. Glaister T. Tattersall H. A. Gorst J. Taylor C. M. Grattan I. H. Thompson (Deputy Mayor) J. T. Harrison A. H. Thornton P. A. Heath A. M. B. Wade R. M. Henderson G. K. Wilson S. Henig P. Woodruff J. Horner J. E. Yates Also in Attendance:- From the District Auditor's Office - Mr. C. Portman and Ms. F. Daley COUNCIL 14TH OCTOBER, 1998 17 COUNCIL MINUTES The Minutes of the proceedings of the Lancaster City Council held on 15th July, 1998 were signed by the Mayor as a correct record. 18 MAYORAL COMMUNICATIONS (a) Sister Aine Cox, MBE. The Mayor reported the death of Honorary Freeman of the City, Sister Aine Cox, on 22nd August, 1998 and he indicated that, together with the Town Clerk and Director of Development, he would be attending a Memorial Service at St. Peter's Cathedral on Thursday, 22nd October, 1998. (b) Mr. C. E. Bottomley The Mayor reported the death of Mr. Charles Bottomley, former Town Clerk of the Morecambe and Heysham Borough Council, between 1961 and 1974. The Council stood in silence as a tribute to both of their memories. 19 SECTION 8, AUDIT COMMISSION ACT 1998 The District Auditor, Mr. Clive Portman, attended the meeting and he reported that Section 8 of the Audit Commission Act 1998 required him to consider whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit, in order that it may be considered by the body concerned or brought to the attention of the public. He indicated that the report he was about to present had been issued in accordance with the statutory provision. The report drew attention to two major issues, which were currently under audit consideration, and the present position in relation to them. The District Auditor indicated that those issues were:- (a) What he considered to be the unlawful treatment by the Council of money set aside as provision for credit liabilities (PCL). (b) The substantial costs sustained by the Council as a result of its involvement in establishing the Crinkley Bottom Theme Park at Happy Mount Park, Morecambe. The District Auditor responded to questions raised by Members of the Council. The following motion was proposed by Councillor S. Henig and seconded by Councillor J. A. Fearnley:- "1. That the Council thanks the District Auditor for his presentation and notes the position with regard to the two matters, the subject of his Public Interest Report. The Council awaits the outcome of his investigation into the Objections relating to Happy Mount Park, Morecambe. - 2 - COUNCIL 14TH OCTOBER, 1998 2. The Council notes the actions taken in respect of PCL by the Chief Finance Officer and the various decisions confirming those actions taken by the Budgetary Control Service Group. The Council further notes that the use of PCL has been raised by a number of Councils and recognises that there is an urgent need for clarification of the current state of the Law. Lancaster City Council thanks the District Auditor for his very constructive help and advice in handling the PCL issue. In accordance with that advice, the Council is seeking the views of an independent Counsel on the legal implications. Pending resolution of the legal issues, the Council confirms that the monies transferred from PCL into Revenue Balances will not be used for any form of expenditure. The Council notes that in the event of a decision that the transfer of funds is legal, it will have far greater financial flexibility in handling its Capital Programme." The motion was put before the Council, and it was Resolved:- That the motion proposed by Councillor Henig and seconded by Councillor Fearnley be approved. 20 ORDER OF BUSINESS The Mayor drew Members' attention to the decisions contained in Minutes Nmd. 44 and 45 of the Finance and Corporate Policy Committee held on the 24th September, 1998 indicating that as these two items of business related to the issues raised in the District Auditor's letter, with the consent of Council, he proposed to make the two minutes the next items of business of the Council. Resolved:- That the course of action outlined by the Mayor be approved. 21 FINANCE AND CORPORATE POLICY COMMITTEE - 24TH SEPTEMBER, 1998 (a) Report under Section 8 - Audit Commission Act, 1998 The Chair of the Finance and Corporate Policy Committee submitted Minute No. 44 of the meeting held on the 24th September, 1998 - report under Section 8 - Audit Commission Act, 1998. The following recommendation was moved by Councillor S. Henig and seconded by Councillor J. R. Lodge:- "That in light of the further advice received from the District Auditor regarding the treatment of the principal objection in respect of Crinkley Bottom, the Council be recommended to instruct the Chief Solicitor to seek Council's advice in respect of: (a) The person responsible for co-ordinating the Council's response to Brigadier Ford's objection. (b) The position with regard to the Council's response to the objection having qualified privilege. (c) The position with regard to the involvement in approving the Council's response to Brigadier Ford's objection of the Councillors who were involved in the decisions highlighted in the objection." - 3 - COUNCIL 14TH OCTOBER, 1998 Resolved:- That the recommendation of the Finance and Corporate Policy Committee be approved. (b) Potential Defamation Action. Councillor S. Henig moved Minute No. 45 of the Finance and Corporate Policy Committee held on the 24th September, 1998. The following recommendation which had been referred to Council for consideration in accordance with provisions of Standing Order No. 23(2) was moved by Councillor Henig and seconded by Councillor Lodge:- "(1) That the report of the Chief Executive and City Treasurer be noted. (2) That the Chief Finance Officer be instructed to report to Budgetary Control Service Group, setting out the Council's insurance procedures together with a guidance note to be prepared for all Councillors. (3) That the Director of Legal and Administrative Services prepare a note for Councillors on procedures adopted for the treatment of mail to Councillors". It was then moved by Councillor J. A. Fearnley, by way of addendum, and seconded by Councillor C. M. Grattan:- "That after paragraph 3 of the existing Resolution, the following be inserted:- (4) That the City Council expresses its extreme displeasure at the actions of Councillor Heath in seeking to resolve an insurance claim without the authority of the Council and without proper consideration of the implications of her actions for the Council and that she be formally censured. (5) That the District Auditor be advised of the Council's decision in this matter, the fact that this Council is very concerned at the potential link between this matter and the principle Objection to the Accounts which the District Auditor is currently considering and that this matter appears to be an attempt to unduly influence that consideration." At the request of more than 10 Members signifying their support by rising in their places, a recorded vote in accordance with Standing Order No. 29(2) was taken on the proposition. 42 Members voted for and 10 Members voted against with none abstaining. The votes recorded were as follows:- For the amendment:- Councillors J. Airey, I. S. Barker, D. J. Beckingham, Eric Blamire, Mary Eileen Blamire, M. Blenkinship, A. Briggs, A. C. Bryning, E. Bush, R. Clark, R. J. Day, S. E. Denwood, T. E. Evans, J. A. Fearnley, W. Glaister, H. A. Gorst, C. M. Grattan, J. T. Harrison, R. M. Henderson, S. Henig, J. Horner, P. J. Kavanagh, A. M. Kay, J. R. Lodge, T. A. Metcalfe, Richard J. Newman-Thompson, P. M. Quinton, J. Race, M. M. Rainford, A. Roberts, P. Robinson, C. G. Rogers, S. Rostron, P. L. Rye, R. J. Sherlock, H. M. Shuttleworth, D. B. Stanley, J. G. Sutton, T. Tattersall, I. H. Thompson, A. H. Thornton and J. E. Yates. - 4 - COUNCIL 14TH OCTOBER, 1998 Against:- Councillors C. J. Broad, K. W. Budden, S. Burns, J. Fretwell, P. A. Heath, G. Knight, J. Taylor, A. M. B. Wade, G. K. Wilson, P. Woodruff. Whereupon the Mayor declared the proposition to be carried. The amended substantive motion was put to the Council by Councillor S. Henig and seconded by Councillor J. R. Lodge. At the request of more than 10 Members, signifying their support by rising in their places, a recorded vote on the amended substantive motion, in accordance with Standing Order No. 29(2) was taken. 42 Members voted for, 9 Members voted against with one abstention. The votes recorded were as follows:- For the substantive motion as amended:- Councillors J. Airey, I. S. Barker, D. J. Beckingham, Eric Blamire, Mary Eileen Blamire, M. Blenkinship, A. Briggs, A. C. Bryning, E. Bush, R. Clark, R. J. Day, S. E. Denwood, T. E. Evans, J. A. Fearnley, W. Glaister, H. A. Gorst, C. M. Grattan, J. T. Harrison, R. M. Henderson, S. Henig, J. Horner, P. J. Kavanagh, A. M. Kay, J. R. Lodge, T. A. Metcalfe, Richard J. Newman-Thompson, P. M. Quinton, J. Race, M. M. Rainford, A. Roberts, P. Robinson, C. J. Rogers, S. Rostron, P. L. Rye, R. J. Sherlock, H. M. Shuttleworth, D. B. Stanley, J. G. Sutton, T. Tattersall, I. H. Thompson, A. H. Thornton and J. E. Yates. Against the substantive motion as amended:- Councillors C. J. Broad, K. W. Budden, S. Burns, J. Fretwell, P. A. Heath, G. Knight, J. Taylor, A. M. B. Wade, G. K. Wilson. Abstention:- G. Woodruff. Whereupon the Mayor declared the amended substantive motion to be carried. Resolved:- (1) That the report of the Chief Executive and City Treasurer be noted. (2) That the Chief Finance Officer be instructed to report to Budgetary Control Service Group, setting out the Council's insurance procedures, together with a guidance note to be prepared for all Councillors. (3) That the Director of Legal and Administrative Services prepare a note for Councillors on procedures adopted for the treatment of mail to Councillors. (4) That the City Council expresses its extreme displeasure at the actions of Councillor Heath in seeking to resolve an insurance claim without the authority of the Council and without proper consideration of the implications of her actions for the Council and that she be formally censured. - 5 - COUNCIL 14TH OCTOBER, 1998 (5) That the District Auditor be advised of the Council's decision in this matter, the fact that this Council is very concerned at the potential link between this matter and the principal Objection to the Accounts which the District Auditor is currently considering and that this matter appears to be an attempt to unduly influence that consideration. 22 PLANNING COMMITTEE The Minutes of the meetings of the Planning Committee held on the 13th July, 10th August and 14th September, 1998 were submitted for the Council's acceptance by Councillor M. Eileen Blamire:- subject to the Ward description relating to Application no. D1 98/00775/DPA being corrected to read 'Harbour' not 'Alexandra', and with the exception of applications numbered A11 98/00519/OUT; A14 98/00592/CU and A19 98/00448/CU which were submitted for acceptance by Councillor P. J. Kavanagh and application Number A10 98/00481/FUL which was submitted for acceptance by Councillor P. M. Quinton. Resolved:- That the Minutes, as corrected, be received. 23 PLANNING POLICY COMMITTEE The Minutes of the meeting of the Planning Policy Committee held on 26th August, 1998 were submitted for acceptance by Councillor P. J. Rye, with the exception of Minute No. 14(2) which was submitted for acceptance by Councillor I. S. Barker. Resolved:- That the Minutes be received. 24 ECONOMIC DEVELOPMENT AND TOURISM POLICY COMMITTEE The Minutes of the meetings of the Economic Development and Tourism Policy Committee held on the 27th August and 22nd September, 1998 were submitted for the Council's acceptance by Councillor J. E. Yates. Resolved:- That the Minutes be received. 25 HOUSING POLICY COMMITTEE The Minutes of the meeting of the Housing Policy Committee held on 21st September, 1998 were submitted for the Council's acceptance by Councillor I. S. Barker. Resolved:- That the Minutes be received. - 6 - COUNCIL 14TH OCTOBER, 1998 26 ENVIRONMENTAL AND PUBLIC SERVICES POLICY COMMITTEE The Minutes of the meeting of the Environmental and Public Services Policy Committee held on 23rd September, 1998 were submitted for the Council's acceptance by Councillor J. G. Sutton, subject to the following correction:- Minute No. 21 - the word "car" in the second line of the preamble should read "care". Resolved:- That the Minutes, as corrected, be received. 27 FINANCE AND CORPORATE POLICY COMMITTEE The Minutes of the meeting of the Finance and Corporate Policy Committee held on 24th September, 1998 were submitted for the Council's acceptance by Councillor S. Henig. (a) Budgetary Control Service Group The following recommendation of the Finance and Corporate Policy Committee was moved by Councillor J. A. Fearnley and seconded by Councillor P. Robinson:- "That the name of Budgetary Control Service Group be amended to Audit and Budgetary Control Service Group in order to reflect the work of the Service Group". Resolved:- (1) That the recommendation be approved. (2) That the Minutes be received (including Minute nos. 44 and 45 dealt with earlier in the meeting). 28 NOTICE OF MOTION - GOVERNMENT WHITE PAPER - MODERN LOCAL GOVERNMENT: IN TOUCH WITH THE PEOPLE The Mayor reported that a Notice of Motion had been lodged with the Town Clerk in accordance with the provisions of Standing Order No. 11. The following Notice of Motion was proposed by Councillor P. M. Quinton and seconded by Councillor R. M. Henderson:- "This Council believes that the proposals set out in the Government's White Paper", Modern Local Government: In Touch with the People constitute a failure to heed the views of local authorities throughout the country. This Council especially deplores the Government's:- (1) Insistence on prescribing executive mayors or leaders for all local authorities; (2) Refusal to give local authorities real financial freedom by abolishing all forms of capping of local authority budgets and returning control of the business rates to local authorities. (3) Failure to consider introducing a proportional representation system for local elections. - 7 - COUNCIL 14TH OCTOBER, 1998 This Council, as a signatory of Charter 88 calls upon the two Members of Parliament for this District to do all in their power to urge the Government to: (1) Introduce a proportional representation system of voting for local elections; (2) Give local authorities financial freedom and a power of local competence so they can set budgets and agree priorities to meet the needs and aspirations of local people. (3) Enable local authorities to innovate in democratic structures and service delivery without prescribing what format the innovation will take". The following amendment to the Notice of Motion was then moved by Councillor R. Clark and seconded by Councillor S. Henig:- "Delete all words after 'people' in line 2 and add: 'offer the opportunity to rebuild effective local government through recognition of the role of community leadership and the granting of greater financial autonomy. Lancaster Council particularly welcomes the commitment to develop in accordance with local circumstances new and more efficient methods of decision taking and looks forward to progress being made at the seminar for all Members on the Agenda for change in local government to be held next month. Lancaster City Council remain committed to the principle of direct ward representation, but believes that in the interest of equity, boundaries should be redrawn at an early date. Once the details of the forthcoming Local Government Bill are announced, the Council will discuss the implications for this district with the Local MP's and will seek to use their good offices to make any appropriate representations to the Government." The amended Notice of Motion was put before the Council whereupon 34 Members voted for none voted against with 14 Members abstaining whereupon the Mayor declared the amendment of Notice of Motion carried. The amended Notice of Motion was put before the Council. Resolved:- That the Council believes that proposals set out in the Government's White Paper, Modern Local Government: In Touch with the People offer the opportunity to rebuild effective local government through recognition of the role of community leadership and the granting of greater financial autonomy. Lancaster Council particularly welcomes the commitment to develop in accordance with local circumstances, new and more efficient methods of decision taking and looks forward to progress being made at the seminar for all members on the agenda for change in local government to be held next month. Lancaster City Council remain committed to the principle of direct ward representation, but believes that in the interest of equity boundaries should be redrawn at an early date. Once the details of the forthcoming Local Government Bill are announced, the Council will discuss the implications for the district with the local MP's and will seek to use their good offices to make any appropriate representations to the Government. - 8 - COUNCIL 14TH OCTOBER, 1998 29 REPRESENTATION ON OUTSIDE BODIES The Council considered the report of the Town Clerk seeking nominations to serve on a number of outside bodies:- Resolved:- (1) That consideration of the appointment of a Council representative to serve on the Lancaster and Morecambe District Sports Council be deferred pending a policy decision being taken on the nomination of non-City Councillors to this and similar bodies. (2) That the following Members be appointed to serve on the undermentioned outside bodies for the period of office indicated:- Organisation Appointees Expiry Date of New Term of Office Business for Lancaster Limited Councillor T. E. Evans Indefinite Citizens Advice Bureau, Councillor May, 1999 Lancaster H. M. Shuttleworth Court of the University of Councillor 31st August, 1999 Manchester R. M. Henderson Hornby Pool Management Councillor R. C. Lamb May, 1999 Committee Lancaster Carnival Committee Councillor S. E. Denwood May, 1999 Morecambe Carnival Committee No nominations submitted. May, 1999 (3) That Council agree to the adjustment of the expiry date of the appointment of Mr. D. MacPherson to the Lancaster Community Health Council to 31st August, 2002. (4) That Council approve the appointments of the Chair and Vice-Chair of the Planning Policy Committee to be the Council's representatives on the Arnside and Silverdale and Forest of Bowland Management Committees, expiring May, 1999. ................................. Mayor (The meeting finished at 6.55 p.m.) Any queries regarding these Minutes, please contact Alan Kirby, Head of Administration Services on Lancaster 582057. - 9 -