Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 16 March 2010 (previously circulated). 

The minutes of the meeting held on Tuesday 16 March 2010 were approved as a correct record.

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

The Chairman advised that there were no items of urgent business.

To consider any such declarations. 

Councillor Langhorn declared a personal interest with regard to the report on the Review of Districtwide Playground Provision in view of his role as Chairman of Caton-with-Littledale Parish Council. (Minute 155 refers).

To consider any such requests received in accordance with the approved procedure. 

Members were advised that there had been no requests to speak at the meeting in accordance with the Cabinet’s agreed procedure.

Report of the Monitoring Officer.

The Monitoring Officer submitted a report to ensure that a proper delegation is in place to enable urgent business decisions to be taken in respect of executive functions.

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

Option 1 is to approve the proposed delegation as set out in the report.

Option 2 is to approve some other form of delegation that would enable the Chief Executive to take urgent decisions in respect of executive functions.  

Officers would recommend that taking no action is not an option, as it is important for both legal and practical reasons for there to be a properly documented delegation to enable urgent action to be taken.

It was moved by Councillor Langhorn and seconded by Councillor Kerr:-

“That the recommendations, as set out in the report, be approved.”

Members then voted:-

Resolved unanimously:

(1)        That with regard to executive functions, Cabinet delegates to the Chief       Executive authority:

(a)        To do all such things as are necessary in relation to all routine matters of day to day administration and management of the Council;

(b)        To authorise any action necessary to protect the safety or welfare of individuals or the safety of property; and

(c)        Where it is necessary for any function of the Cabinet to be discharged and it is impracticable or impossible by reason of urgency for the matter to be considered by the Cabinet, (of if a non-key decision, by  the relevant portfolio holder) to take such action as he considers appropriate, in consultation, so far as practicable with the Leader and relevant portfolio holder(s). 

(2)        That where action is taken under (c) above, the Chief Executive shall submit a report to the next Cabinet meeting recording the urgent circumstances which made the action necessary and detailing the action taken.

(3)        That the amendment to the Scheme of Delegation be reported to Council in accordance with Rule 1.4 of the Cabinet Procedure Rules.

(4)        That Cabinet notes that Council will be recommended to include in the Constitution a separate section on urgent business procedures, which will cover both executive and non-executive functions.           

Officers responsible for effecting the decision:

Monitoring Officer

Head of Democratic Services

Reasons for making the decision:

The decision made will best meet the need   for the Council’s functions to be exercised efficiently and effectively in cases of urgency.

(Cabinet Member with Special Responsibility Councillor Barry)

Report of the Head of Environmental Services.

(Cabinet Member with Special Responsibility Councillor Barry)

The Head of Environmental Services submitted a report updating Cabinet on the recent review of districtwide playground provision.

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

The officer preferred option is option 2

It was moved by Councillor Barry and seconded by Councillor Ashworth:-

“(1)      That consultation be carried out on the basis of the following list (appended to these minutes).

(2)               That the proposed £50,000 of capital funding for play areas in 2010/11 be used to build a play area in Heysham and further information will be sought on where the other play area is to be built.

(3)               That details of the consultation be brought back to Cabinet in June 2010 for decisions.”

Members then voted:-

Resolved unanimously:

(1)        That consultation be carried out on the basis of the following list (appended to these minutes).

(2)               That the proposed £50,000 of capital funding for play areas in 2010/11 be used to build a play area in Heysham and further information will be sought on where the other play area is to be built.

(3)               That details of the consultation be brought back to Cabinet in June 2010 for decisions.

Officers responsible for effecting the decision:

Corporate Director (Community Services)

Head of Environmental Services

Reasons for making the decision:

The decision allows for consultation to take place and be reported back to Cabinet before decisions are taken on the  ...  view the full minutes text for item 155.

(Cabinet Member with Special Responsibility Councillor Langhorn)

Report of the Chief Executive to follow.

(Cabinet Member with Special Responsibility Councillor Barry)

The Chief Executive submitted a report proposing the establishment of a Lancaster Market Cabinet Liaison Group with appropriate terms of reference to carry out work requested by Council at its meeting on 31 March 2010.

The options, options analysis, including risk assessment, officer preferred option and comments, were set out in the report as follows:

Option 1: To establish a Cabinet Liaison Group, as proposed in the report, to carry out the work outlined in resolutions (5), (6), (8) and (9) made by Council on 31 March 2010.

Option 2: To identify some other means of establishing a working group to carry out the work outlined in resolutions (5), (6), (8) and (9) made by Council on 31 March 2010.

Since there is already a mechanism within the Constitution for progressing this type of non-decision making work which can report directly to Cabinet, Option 1, establishing a Lancaster Market Cabinet Liaison Group, chaired by the Leader of the Council, is the officer preferred option.

It was moved by Councillor Barry and seconded by Councillor Langhorn:-

“(1)      That a Lancaster Market Cabinet Liaison Group be established to oversee plans for refurbishment and revitalisation of the market.

(2)               That the draft terms of reference, shown at appendix A of the report, be approved.

(3)               That the membership of the Lancaster Market Cabinet Liaison Group be one Member from each group and one named substitute.”

Members then voted:-

Resolved unanimously:

(1)        That a Lancaster Market Cabinet Liaison Group be established to oversee plans for refurbishment and revitalisation of the market.

(2)               That the draft terms of reference, shown at appendix A of the report, be approved.

(3)               That the membership of the Lancaster Market Cabinet Liaison Group be one Member from each group and one named substitute.

Officers responsible for effecting the decision:

Corporate Director (Regeneration)

Head of Property Services

Head of Democratic Services

Reasons for making the decision:

The decision allows the decisions made by full council on 31 March 2010 regarding Lancaster Market to be progressed.

Members are asked whether they need to declare any further declarations of interest regarding the exempt report. 

Cabinet is recommended to pass the following recommendation in relation to the following item:- 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 12 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item has been marked as exempt, it is for the Council itself to decide whether or not to consider it in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals or the Council itself in having access to information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

The Chairman asked for any further declarations of interest from Cabinet Members regarding the exempt report.

It was moved by Councillor Langhorn and seconded by Councillor Kerr:-

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.”

Members then voted as follows:-

Resolved unanimously:

(1)        That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act. 

(Cabinet Member with Special Responsibility Councillor Blamire)

Report of the Chief Executive to follow.

(Cabinet Members with Special Responsibility Councillors Blamire and Langhorn)

(The three Corporate Directors and the Head of Financial Services all declared a personal and prejudicial interest in the Senior Management Restructure report and left the meeting prior to consideration of the item. The Internal Audit Manager joined the meeting as Deputy Section 151 Officer.)

The Chief Executive submitted a report, which was exempt from publication by virtue of paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, to enable Cabinet to consider the next phase of the Senior Management Restructure.

The options were set out in the report as follows:

To progress in accordance with the recommendations in the report or to provide an alternative direction to the Senior Management Restructure.

The Officer preferred option was to progress in accordance with the recommendations in the report and Members approved the recommendations. Those recommendations that had staffing implications would be forwarded to the Personnel Committee for consideration.

Members:-

Resolved unanimously:

(1)               The resolutions are set out in a minute exempt from publication by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

Officers responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The decisions made allow the Senior Management Restructure to progress.