Issue - meetings

To consider any such call-In referral from the Overview and Scrutiny Committee held on Tuesday, 3^rd March 2009. 

A copy of the report and minute of the Cabinet meeting held on 17^th February 2009 are attached. 

(Cabinet Member with Special Responsibility Councillor Barry)

It was noted that the meeting had been summoned in accordance with Section 100A (6) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985.  A decision was required urgently by virtue that any recommendation from the Overview and Scrutiny Committee for Cabinet to reconsider the decision would have budgetary implications and would need to be considered by Cabinet prior to Budget Council on 4^th March, 2009. 

Cabinet considered the recommendations of the Overview and Scrutiny Committee, held prior to the meeting of Cabinet.  The Committee had requested consideration of the referral which was as a result of the Call-in of Cabinet’s decision regarding the Public Toilet Review (Cabinet Minute 140 refers).  Members were provided with the report and minute of the Cabinet meeting held on 17^th February 2009, when the original decision had been made. 

It was moved by Councillor Bryning and seconded by Councillor Blamire:-

“(1)   That the recommendations of the Overview and Scrutiny Committee be agreed and that savings be made from the following budgets: 

£12,000 savings from the mothballing of the 2 public toilets located at Regent Road and those adjacent to the Dome, Morecambe. 

£11,000 additional savings from the Communications and Marketing Review, resulting in total savings of £41,000 in Year 1 and £61,000 for Years 2 and beyond. (To be achieved by including Your District Matters in the totality of the expenditure as part of the review.). 

£31,000 of growth to be removed, in relation to the recurring item for Schools Recycling of £7,000 per year, and the one-off item for undertaking a Review of Parish Financial Arrangements. 

By way of amendment it was moved by Councillor Fletcher and accepted by the mover and seconder of the original proposition as a friendly amendment: -

“That with regard to the Community Toilet Scheme the Council continues to discuss proposals for the use of toilets with local businesses.” 

By way of further amendment it was moved by Councillor Mace and seconded by Councillor Charles: -

“That the recommendations from the Overview and Scrutiny be referred to Budget Council.” 

Upon being put to the vote 2 Members (Councillors Charles and Mace) voted in favour of the amendment, 3 Members (Councillors Blamire, Bryning and Fletcher) voted against and 4 Members abstained from voting (Councillors Archer, Burns, Gilbert and Kerr), whereupon the Chairman declared the amendment lost. 

Members then voted on the substantive motion, as amended, as follows. 

Resolved:

(7 Members (Councillors Archer, Blamire, Bryning, Burns, Fletcher, Gilbert and Kerr) voted in favour and 2 Members (Charles and Mace) voted against).

(1)     That the toilets remain open with the exception of Regent Road and those adjacent to the Dome, Morecambe and that savings be made from the following budgets: 

£12,000 savings from the mothballing of the 2 public toilets located at Regent Road and those adjacent to the Dome, Morecambe. 

£11,000 additional savings from the Communications and  ...  view the full minutes text for item 158

The Cabinet decision on Public Toilet Review (Minute 140) taken by Cabinet on 17^th February 2009 has been requested to be called in by Councillors Histed and Bray (Overview and Scrutiny Committee Members) and Councillors Roe, Dent and Fishwick.  This request was subsequently agreed by the Chief Executive.  The decision has been called-in in accordance with Part 4, Section 5, Sub-section 16 of the Council’s constitution.

Councillor Abbott Bryning (Leader of the Council) and Peter Loker (Corporate Director (Community Services) have been invited to attend to outline the basis on which the decision was made.

q       Call-in Procedure

q       Call-in Notice

q       Report to Cabinet

q       Cabinet Minute Extract

It was noted that the meeting had been summoned in accordance with Section 100A (6) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985.  A decision was required urgently by virtue that any recommendation from the Overview and Scrutiny Committee for Cabinet to reconsider would have budgetary implications and would need to be considered by Cabinet prior to Budget Council on 4^th March, 2009.

Members were advised that the Cabinet decision in relation to the Public Toilet Review – Cabinet Minute 140, had been Called-in by the following 5 Members:

Councillors Val Histed, Susan Bray, Bob Roe, Jean Dent and Sarah Fishwick.

Members were informed that the Call-in had been made on the basis that the decision had not been made in accordance with all the principles set out in Article 13 (Decision Making) of the Constitution, in particular:

(a)        Proportionality (i.e. the action must be proportionate to the desired outcome)

(b)        Due consultation and the taking of professional advice from Officers

(c)        Respect for human rights.

The Chairman acknowledged the receipt of a number of letters relating to the decision of Cabinet to close the public toilets and informed the meeting that these had been circulated to Members of the Committee.

The Chairman outlined the procedure to be followed and invited Councillor Bray to summarise the reasons for the Call-in.

The Chairman invited Councillor Bryning as Leader of the Council to explain the reasons for the decision of Cabinet.

The Leader informed the meeting that if the Overview and Scrutiny Committee resolved to refer the decision back to Cabinet, it was his intention to propose that the public toilets remain open with the exception of those at Regent Road and those adjacent to the Dome as there were alternative facilities in those areas.

The Chairman addressed the Committee in view of comments made by the Leader.

It was proposed by Councillor Langhorn and seconded by Councillor Bray:

“That the Overview and Scrutiny Committee recommend to Cabinet that the toilets remain open with the exception of Regent Road and those adjacent to the Dome.”

By way of an amendment which was accepted as a friendly amendment by the mover and seconder of the original proposition, it was proposed by Councillor Sherlock and seconded by Councillor Plumb:

“That the Overview and Scrutiny Committee recommend to Cabinet that the Parish Councils be consulted as to whether they would be prepared to take over the toilets in the long term.”

Upon being put to the vote Members voted unanimously in favour of the proposals, whereupon the Chairman declared the proposals carried.

By way of further amendment it was proposed by Councillor Heath and seconded by Councillor Towers:

“That the Council continues to look into the possibility of providing alternative or additional public toilets through a community scheme, such as the Richmond Scheme.”

Upon being put to the vote 4 Members voted in favour of the proposal and 5 Members  ...  view the full minutes text for item 54

(Cabinet Member with Special Responsibility Councillor Barry)

Report of the Corporate Director (Community Services).

(Cabinet Member with Special Responsibility Councillor Barry)

The Corporate Director (Community Services) submitted a report to provide options for toilet provision in 2009/10. In order to provide options that would have a budgetary impact in 2009/10 the report listed 14 toilets where there was immediate scope for review:-

The options, options analysis, including risk assessment, were set out in the report as follows:

Because of  ...  view the full minutes text for item 140