Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 19^th January, 2016 (previously circulated). 

The minutes of the meeting held on Tuesday 19^th January 2016 were approved as a correct record.

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

No declarations were made at this point.

Members were advised that there had been a request to speak at the meeting from a member of the public in accordance with Cabinet’s agreed procedure, as set out in Cabinet Procedure Rule 2.7, with regard to funding to the Marsh Community Centre within the Budget & Policy Framework Update (Minute 77 refers).  Yak Patel addressed the meeting in support of the continuation of funding for the Marsh Community Centre and answered questions from Cabinet Members.

(Cabinet Member with Special Responsibility Councillor Hanson)

Report of Chief Officer (Environment)

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Chief Officer (Environment) which requested agreement to the recommendations outlined by Councillor Hanson to Council on 3^rd February 2016.  Cabinet had deferred consideration of this item at its meeting on 19^th January 2016 to enable Council to debate the item following receipt of a petition in objection to the proposals to fell the trees.

Councillor Hanson proposed, seconded by Councillor Leytham:-

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

Councillors then voted:-

Resolved unanimously:

(1)               That Cabinet recognises the value placed by our citizens on the lime trees in Market Square and therefore would like to retain them.

(2)               That Cabinet however recognises that by their nature lime trees can cause particular management and maintenance problems, particularly in a busy place like Market Square.

(3)               That Cabinet also recognises that properly managing the trees, cleaning the square to an acceptable standard, and ensuring the safety of pedestrians is likely to require additional budget which due to the Council's precarious financial position will need equivalent savings to be found.

(4)             That Cabinet requests that the Chief Officer (Environment):
- Carries out more work over the course of a growing season to further identify the extent of the problem.
- Continues to trial the use of various algicidal and other cleaning products as an addition to pressure washing.
- Investigates how other places deal with this problem.
- Explores how other stakeholders can help the City Council to achieve its aims.
- Reports to Cabinet in autumn 2017 with realistic and affordable recommendations that will then be considered within the overall context of the councils financial position

Officer responsible for effecting the decision:

Chief Officer (Environment)

Reasons for making the decision:

The decision is consistent with the Council’s tree policy which allows the Council to “reserve the right to exercise discretion in application of this policy when to do so would be in the best interests of the Council.” The decision enables further work to be undertaken prior to reporting back to Cabinet in 2017.

(Cabinet Member with Special Responsibility Councillor Leytham)

Report of Chief Officer (Health & Housing)

(Cabinet Member with Special Responsibility Councillor Leytham)

Cabinet received a report from the Chief Officer (Health & Housing) which advised on the latest funding update in relation to resettlement of Syrian refugees and sought a policy position on the Council’s participation in the resettlement programme.

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

The options for Cabinet are to either:

1.            Agree to participate in the Syrian refugee resettlement programme from year 1 onwards.

2.            Agree to participate in the Syrian refugee resettlement programme, but not until year 2 at the earliest.

3.            Not to participate in the Syrian refugee resettlement programme at all.

The issues and risks for each option were covered in the body of the report.  Option 2 was the officer preferred option taking into account the comments in paragraphs 2.5 and 2.6 of the report.

Councillor Leytham proposed, seconded by Councillor Smith:-

“(1)    That the contents of the letter (Appendix 1 to the report) from the Minister, Richard Harrington MP, be noted.

(2)     That Cabinet confirms that it wishes to participate in the Syrian refugee settlement programme on the basis of the Government’s funding position.

(3)     That all accommodation options be explored and potentially used to house refugees including the Council’s own housing stock, other social rented stock and private sector properties.

(4)     That in light of the information received on 15^th February 2016 from Lancashire County Council that the suggested year 1 grouping comprises Blackpool, Pendle, Preston and South Ribble, Cabinet agrees that Lancaster City Council should take Syrian refugees from year 2 onwards.

(5)     That the implementation of the programme be delegated to the Chief Officer (Health & Housing) in accordance with financial regulations.

(6)     That at the appropriate time the Council actively seeks willing landlords with suitable properties.”

Councillors then voted:-

Resolved unanimously:

(1)     That the contents of the letter (Appendix 1 to the report) from the Minister, Richard Harrington MP, be noted.

(2)     That Cabinet confirms that it wishes to participate in the Syrian refugee settlement programme on the basis of the Government’s funding position.

(3)     That all accommodation options be explored and potentially used to house refugees including the Council’s own housing stock, other social rented stock and private sector properties.

(4)     That in light of the information received on 15^th February 2016 from Lancashire County Council that the suggested year 1 grouping comprises Blackpool, Pendle, Preston and South Ribble, Cabinet agrees that Lancaster City Council should take Syrian refugees from year 2 onwards.

(5)     That the implementation of the programme be delegated to the Chief Officer (Health & Housing) in accordance with financial regulations.

(6)     That at the appropriate time the Council actively seeks willing landlords with suitable properties.

Officer responsible for effecting the decision:

Chief Officer (Health & Housing)

Reasons for making the decision:

The decision will enable officers to progress any further discussions with Regional Strategic Migration Partnership regarding resettlement of refugees in this district. Whilst  ...  view the full minutes text for item 72.

(Cabinet Member with Special Responsibility Councillor Blamire)

Report of Chief Officer (Resources)

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a report from the Chief Officer (Resources) which presented the corporate financial monitoring report and supporting information for Quarter 3 of the 2015/16 monitoring cycle.

As the report was primarily for noting, no options were provided.

Councillor Bryning proposed, seconded by Councillor Clifford:-

“That the report be noted.”

Councillors then voted:-

Resolved unanimously:

(1)          That the report be noted.

Officer responsible for effecting the decision:

Chief Officer (Resources)

Reasons for making the decision:

The report is a requirement of the Council’s Performance Management Framework in support of the delivery of key priorities and outcomes as set out in the overall policy framework.

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Report of Chief Officer (Resources)

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Cabinet received a report from the Chief Officer (Resources) with regard to consideration of the annual review of fees and charges for 2016/17.

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

The policy attached to the report remains substantially unchanged and it is considered that it remains fit for purpose and it adequately covers Cabinet’s budget proposals.  As such, no options are presented and Cabinet is requested to endorse the policy.

Environmental Services – Car Parking - This is the only area in which a number of options are presented and therefore for clarity and to seek Cabinet’s direction, full information is included in Appendix C to the report.  It should be noted that all options will (at least) meet the draft budget income provisions for 2016/17.

Off Street Pay and Display Charges (as set out in Section 3.1 of the report)

(Cabinet Member with Special Responsibility Councillor Blamire)

Report of Chief Executive

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a report from the Chief Executive which provided Cabinet with an initial assessment of the direct impact of County Council’s budget proposals on City Council function.

As the report was primarily for noting and comments no options were provided. 

Councillor Leytham proposed, seconded by Councillor Smith:-

“That the report be noted.”

Councillors then voted:-

Resolved unanimously:

(1)          That the report be noted.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The County Council’s budget proposals will impact on City Council functions associated with the Council’s priorities of Clean, Green, Health & Wellbeing and Sustainable Economic Growth.

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Report of Chief Officer (Resources)   -  Report to Follow

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Cabinet received a report from the Chief Officer (Resources) to inform Cabinet of the latest budget and council tax position so it could make recommendations back to Council in order to complete the budget setting process.

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

Cabinet is now requested to finalise its preferred council tax, revenue budget and capital programme proposals for referral on to Council, using the latest information as set out in the supplementary report.

Council Tax

Three basic options are set out in section 4 of the supplementary report.

Revenue Budget

Cabinet may adjust its revenue budget proposals, as long as the overall budget for 2016/17 balances and fits with the proposed council tax level.  The Chief Officer (Resources), as s151 Officer, continues to advise that wherever possible, emphasis should be on reducing future years’ net spending.

Capital Programme

Cabinet may adjust its capital investment and financing proposals to reflect spending commitments and priorities but overall its proposals for 2015/16 and 2016/17 must balance.  Whilst there is no legal requirement to have a programme balanced over the full 5-year period, it is considered good practice to do so – or at least have clear plans in place to manage the financing position over that time.

In deciding its final proposals, Cabinet is asked also to take into account the relevant basic principles of the Prudential Code, which are:

-                 that the capital investment plans of local authorities are affordable, prudent and sustainable, and

-                 that local strategic planning, asset management planning and proper options appraisal are supported.

Other Budget Framework Matters (Reserves and Provisions / MTFS)

Given known commitments, risks and approved council tax targets there is limited flexibility in financial terms, but depending on priorities Cabinet may consider putting forward alternatives for various reserves, or different approaches for addressing the medium term budget deficit through the MTFS.

Proposals to be put forward by Cabinet should fit with any external constraints and the budgetary framework already approved.  The recommendations as set out meet these requirements; the detailed supporting budget proposals are then a matter for Members.

This report outlines the actions required to complete the budget setting process for 2016/17 and for updating the MTFS to 2019/20.  The associated update to the Corporate Plan is now scheduled for consideration at Cabinet in March, prior to being referred on to April Council.  That will then conclude this year’s corporate planning and budgeting exercise.

Councillor Blamire proposed, seconded by Councillor Clifford:-

“(1) That in light of the extra flexibility in council tax referendum thresholds now provided by the Government through the final Finance Settlement, Council be recommended to approve a City Council basic tax increase of £5 (at Band D) for 2016/17, together with a year on year target of £5 at Band D for future years, subject to local referendum thresholds.

(2)    That in line with the above, Council be  ...  view the full minutes text for item 76.

(Cabinet Member with Special Responsibility Councillor Leytham)

Cabinet received a joint report from the Chief Officer (Health & Housing) and Chief Officer (Resources) which provided an update on the latest position regarding the options for setting rents for supported housing for 2016/17 and sought Cabinet’s decision on the rent level to be set for 2016/17.  The report also picked up on relevant feedback from the February Council meeting.

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

For now it is assumed that rents will still be reduced from 2017/18 to 2019/20 by -1% year on year following the 1 year exception, with 2% increases per annum thereafter, as reported in January. Given these temporary changes in the Government’s position, it is being recommended that the Council increase all supported housing rents to the 2016/17 formula rent (option 1) as this would establish supported housing properties, including sheltered housing, at their formula rent base and provide a greater level of income to support the HRA Business Plan, whilst remaining affordable.  

Marsh Community Centre

There is one other matter for consideration as part of the HRA budget.  At Council on 3 February, Cabinet was asked to consider grant funding the Marsh Community Centre from the Housing Revenue Account budget instead of the General Fund.  The current grant level assumed in 2016/17 is £13,700, with inflationary increases thereafter.

Officer advice on this matter is that should Cabinet be minded to support this, then there would need to be some modifications to the Service Level Agreement (to give clearer benefit to council housing tenants) to ensure that it could be properly charged to the HRA.  Furthermore, a one year funding is advisable, ahead of the wider review of funding for the Voluntary, Faith and Community sectors.  The cost of providing grant funding would, in effect be met from the HRA’s general resources, including  ...  view the full minutes text for item 77.

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Report of Chief Officer (Resources)  - Report to Follow

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Cabinet received a report from the Chief Officer (Resources) which set out the 2016/17 treasury management framework for Cabinet’s approval and referral on to Council.

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

Cabinetmayputforwardalternativeproposalsoramendmentstotheproposed StrategyinAppendixA,butthesewouldhavetobeconsideredinlightoflegislative, professionalandeconomicfactors,andimportantly,anyalternativeviewsregarding theCouncil’sriskappetite.Assuchnofurtheroptionsanalysisisavailableatthis time.

Furthermore,theStrategymustfitwithotheraspectsofCabinet’sbudgetproposals, suchasinvestmentinterestestimatesandunderlyingprudentialborrowing assumptions,feedinginto Prudential andTreasuryManagementIndicators.

The officer preferred option is toapprovetheframeworkasattached to the report,a  ...  view the full minutes text for item 78.

(Cabinet Member with Special Responsibility Councillor Blamire)

Report of the Chief Executive – Report to Follow

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a report from the Chief Executive to enable Cabinet to consider future collaboration with Preston City Council, including interim arrangements for Legal Services.

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

Option 1:

The advantages of procuring legal services support from Preston City Council are that it enables Lancaster City Council to have the necessary legal advice and support services and that these will be provided by a council that we already have a strong collaborative relationship with.

Option 2:

            The alternative option, which is not preferred, is that Lancaster City Council procures the services from another provider.

Option 1 is the officer preferred option.

Councillor Blamire proposed, seconded by Councillor Clifford:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That the proposal for Preston City Council to provide the required Legal Services Support to Lancaster City Council be endorsed.

(2)             That Cabinet receive further reports in respect of other services in due course.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The decision will ensure that appropriate legal advice is available to the Council.

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item in private. 

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

“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 they could involve the possible disclosure of exempt information as defined in paragraph 1, 2 & 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Cabinet itself to decide whether or not to consider each of them 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

It was moved by Councillor Hanson and seconded by Councillor Pattison:-

“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, 2 and 3 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, 2 and 3 of Schedule 12A of that Act. 

(Cabinet Member with Special Responsibility Councillor Leytham)

Report of Chief Officer (Health & Housing)

(Cabinet Member with Special Responsibility Councillor Leytham)

Cabinet received a report from the Chief Officer (Health & Housing) to enable Cabinet to consider the future provision of the Council’s Emergency Call Centre – Community Alarms, Telecare and associated services.  The report was exempt from publication by virtue of paragraphs 1, 2 & 3 of Schedule 12A of the Local Government Act 1972.

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

Councillor Leytham proposed, seconded by Councillor Hanson:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That the City Council enters into detailed discussion with New Progress Housing Group with the following objectives:

·           The City Council ceases to be a telecare/community alarm provider to the private sector with this business transferring to New Progress Housing Group – both monitoring and installation.

·           New Progress Housing Group are commissioned to provide the community alarm monitoring service to the Council’s sheltered housing and community alarm properties

·           New Progress Housing Group are commissioned to provide other ancillary out of office hours emergency services including lone worker monitoring

(2)             That subject to completing due diligence the Chief Officer (Health and Housing) is authorised to enter into a contract with New Progress Housing Group for the above services, with the draft revenue budgets being updated accordingly.

Officers responsible for effecting the decision:

Chief Officer (Health & Housing)

Chief Officer (Resources)

Reasons for making the decision:

The decision is consistent with the Council’s role to provide customer focussed services that offer value for money and meet the needs of people who live in the district by reviewing and refocusing service delivery.