Agenda and minutes

Apologies for absence were received from Councillors Jim Blakely, Anne Chapman, Tina Clifford, Jane Fletcher, Rebekah Gerrard, Emily Heath, Helen Helme, Andrew Kay, Stuart Langhorn, Catriona Stamp, Joyce Taylor and Maia Whitelegg.

To receive as a correct record the Minutes of the Meeting of the City Council held on 4^th March, 2009 (previously circulated). 

The minutes of the meeting held on 4^th March 2009 were signed by the Mayor as a correct record.

Members advised of the following declarations of interest at this stage:

Councillor Evelyn Archer declared a personal and prejudicial interest in relation to the Winter Gardens as the Chairman of the Winter Gardens Trust should it be referred to during the Executive Annual report (Minute No. 132 refers).

To receive any announcements which may be submitted by the Mayor or Chief Executive.  

(a)     Major General Hamish Rollo

         The Mayor reported the sudden death of the Colonel of the Duke of Lancaster’s Regiment, Major General Hamish Rollo, CBE on 26^th March 2009 aged 53.

Council stood for a minute’s silence as a mark of respect.

(b)    Bussieres, France

The Mayor welcomed to the meeting Councillor Maryse Decolon from Bussieres, a town in France twinned with ‘The Kellets’ in the Lancaster District who was part of a group currently visiting the area.

To receive questions in accordance with the provisions of Council Procedure Rules 11.1 and 11.3 which require members of the public to give at least 3 days’ notice in writing of questions to a Member of Cabinet or Committee Chairman.  

The Mayor advised that one question had been received from a member of the public in accordance with the provisions of Council Procedure Rule 11 and invited Mr. Hamilton-Cox to ask his question of the relevant Cabinet Member.  Details of the question, which related to the Council’s investments in Icelandic Banks, together with the response and supplementary question, can be found at Appendix A to the Minutes.

At the conclusion of the question, it was noted that a further report on this matter was shortly to be submitted to the Audit Committee.

To receive questions in accordance with the provisions of Council Procedure Rules 12.2 and 12.4 which require a Member to give at least 3 working days notice, in writing, of the question to the Chief Executive.  

The Mayor advised that 10 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)         Councillor John Whitelegg to Councillor Bryning regarding approval of the LDF Core Strategy

(2)         Councillor John Whitelegg to Councillor Bryning regarding the Planning Inspectorate.

(3)         Councillor John Whitelegg to Councillor Bryning regarding opposition to the Northern Bypass

(4)         Councillor John Whitelegg to Councillor Bryning regarding passing information to the County Council

(5)         Councillor Hanson to Councillor Barry regarding Regent Road toilets

(6)         Councillor Robinson to Councillor Bryning regarding deposits with Icelandic Banks

(7)         Councillor Robinson to Councillor Barry regarding plastic orange bags

(8)         Councillor Robinson to Councillor Barry regarding grey wheelie bins

(9)         Councillor Robinson to Councillor Barry regarding savings from closing toilets

(10)     Councillor Bray to Councillor Thomas regarding Members expenses

Details of the questions and answers together with any supplementary questions and responses are included at Appendix B to the minutes.

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

The Leader presented his report on the proceedings of Cabinet since the last meeting of Council and updated Council on various issues.

He answered a number of questions from Councillors.

Resolved:

That the report be noted. 

To receive the Annual Report from the Mayor.

In accordance with Article 5.02(g) of the Constitution, the Mayor presented his Annual Report for 2008/09.  He responded to Members’ questions.

Resolved:

That the report be received.

To receive the Executive Annual Report containing the Business Progress Reports of the Leader and each Cabinet Member in accordance with Article 7.06 (j).

Whilst the Executive Report will be published as a separate document in due course the individual reports are included in the agenda and will be presented by the relevant Cabinet Member at the meeting.

(Councillor Archer re-iterated her personal and prejudicial interest in relation to the Winter Gardens and advised that she would be unable to answer any questions relating to that matter as part of her report.

Councillor June Ashworth declared a personal and prejudicial interest as a Trustee of the Morecambe Bay Partnership in relation to the Morecambe Bay Regional Park referred to during questions on Councillor Archer’s report below.

Councillor Sarah Fishwick declared a personal interest as a member of the Vision Board referred to in Councillor Archer’s report below.)

In accordance with Article 7.06(k), the Leader and each Member of Cabinet had produced a written business progress report for 2008/09. 

The Leader presented his report on his portfolio, followed by Councillors Mace, Archer, Barry, Blamire, Burns, Charles, Gilbert and Kerr who also answered a number of questions.

It was noted that Councillor Fletcher had submitted apologies for the meeting and it was moved by Councillor Barry and seconded by Councillor Day:

‘That the annual report of Councillor Fletcher be deferred to the next scheduled meeting of Council.’

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

(1)               That the reports of Cabinet Members, Councillors Bryning, Mace, Archer, Barry, Blamire, Burns, Charles, Gilbert and Kerr be received.

(2)               That the report of Cabinet Member, Councillor Fletcher, be deferred to the next scheduled meeting of Council.  

To receive the annual Report of the Standards Committee, presented by the Independent Chairman, Mr. Stephen Lamley.

The independent Chairman, Mr. Stephen Lamley, presented the 2008/09 Annual Report of the Standards Committee and answered a number of questions.

It was moved by Councillor Fishwick and seconded by Councillor Dennison:  ‘That the independent and parish members of the Standards Committee be thanked for their time and effort contributing to the work of the Council’s Standards Committee.’

On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

(1)               That the report be received.

(2)               That the independent and parish members of the Standards Committee be thanked for their time and effort contributing to the work of the Council’s Standards Committee.

To receive the Overview and Scrutiny Annual Report presented by the Chairman of the Overview and Scrutiny Committee n accordance with Article 6.03 (c).

The Overview and Scrutiny Annual report has been published separately. Please bring your copy to the meeting.

In accordance with Article 6.03(c) the Overview and Scrutiny Annual Report for 2008/09 had been published.  It was noted however that the Chairman, Councillor Langhorn and the Vice-Chairman, Councillor Heath had submitted apologies for this meeting.

It was moved by Councillor Budden from the Chair and seconded by Councillor Kirkman:

‘That, in the absence of the Chairman and Vice-Chairman, the Overview & Scrutiny Annual Report be deferred to the next scheduled meeting of Council.’

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

That, in the absence of the Chairman and Vice-Chairman, the Overview & Scrutiny Annual Report be deferred to the next scheduled meeting of Council.

To receive the Annual Report of the Audit Committee presented by the Chairman in accordance with Section 8.13 of Part 3 of the Council’s Constitution.

In accordance with Section 8.13 of Part 3 of the Council’s Constitution, the Chairman, Councillor Malcolm Thomas, presented the 2008/09 Annual Report of the Audit Committee and answered a number of questions.

Resolved:

That the report be received.  

To consider the following Motion, notice of which has been received from Councillors John Whitelegg, Morgwn Trolinger, Maia Whitelegg and Jon Barry:

‘That in the light of the decision by the developer “not to appear” at the forthcoming public inquiry into its proposals for the canal corridor [letter of 12^th March 2009 from Montagu Evans to the Planning Inspectorate informing the Inspectorate “We write on behalf of our client, Centros, to confirm that Centros will not be appearing at the above Inquiry which will consider the above applications.”]

Lancaster City Council resolves:

(1)               To co-operate with the inquiry in handing over documents, explaining relevant local planning policy and answering questions about local planning policy and its own documentation presented to planning committee in October 2008.

(2)               To identify one or more appropriate senior officers of the planning department and make them available for the duration of the inquiry to be present at the inquiry and to be of assistance to the Inspector.

(3)               To inform Centros that in the view of the Lancaster City Council the requirements of the Secretary of State in calling this inquiry are best served by Centros itself presenting evidence to that inquiry and answering questions from all parties on that evidence.

(4)               Not to commission, engage or consult with external legal advisers, barristers, consultants or any other external person, company or organisation and thus incur expenditure on the part of this Council.’

An Officer Briefing Note is attached.

The following motion, notice of which had been received by the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor John Whitelegg and seconded by Councillor Trolinger: 

‘That in the light of the decision by the developer “not to appear” at the forthcoming public inquiry into its proposals for the canal corridor [letter of 12^th March 2009 from Montagu Evans to the Planning Inspectorate informing the Inspectorate “We write on behalf of our client, Centros, to confirm that Centros will not be appearing at the above Inquiry which will consider the above applications.”]

Lancaster City Council resolves:

(1)               To co-operate with the inquiry in handing over documents, explaining relevant local planning policy and answering questions about local planning policy and its own documentation presented to planning committee in October 2008

(2)               To identify one or more appropriate senior officers of the planning department and make them available for the duration of the inquiry to be present at the inquiry and to be of assistance to the Inspector

(3)               To inform Centros that in the view of the Lancaster City Council the requirements of the Secretary of State in calling this inquiry are best served by Centros itself presenting evidence to that inquiry and answering questions from all parties on that evidence.

(4)               Not to commission, engage or consult with external legal advisers, barristers, consultants or any other external person, company or organisation and thus incur expenditure on the part of this Council.’

A briefing note setting out background information was provided by the Corporate Director (Regeneration) who answered a number of questions prior to the commencement of the debate. 

There followed a lengthy debate, at the conclusion of which 8 Members voted for the motion, 30 against and 3 abstained, whereupon the Mayor declared the motion lost.

To consider the following Motion, notice of which has been received in accordance with Council Procedure Rule 18.1, since the motion proposes the reversal of a decision taken within the last six months (Minute No. 119 refers).

The Notice of Motion has been signed by Councillors Mace, Blamire, Bray, Brown, Bryning, Charles, Denwood, Fishwick, Gilbert, Hanson, Helme, Histed, Johnson, Redfern, Roe, Rogerson, Sands, Sherlock, Sowden, Thomas and Williamson.

‘The decision to withdraw funding from the International Youth Games in 2009-10 was taken reluctantly by Cabinet last December, due to the severe constraints then affecting the City Council's budget. This decision was taken at an early stage in the 2009-10 budget process as Lancaster was to have been the host in 2009, and detailed plans needed to be finalised to send to our participating twin Cities.

There was no debate or discussion at the Budget Council meeting on 4 March on the decision to withdraw support from the International Youth Games in the years 2010-11 and 2011-12, and Council now affirms its long term commitment to the International Youth Games, and asks Cabinet in the forthcoming budget process to propose restoring funding for the years 2010-11 and 2011-12.’

An Officer Briefing Note is attached.

The following motion, notice of which had been received by the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Mace and seconded by Councillor Charles: 

‘The decision to withdraw funding from the International Youth Games in 2009-10 was taken reluctantly by Cabinet last December, due to the severe constraints then affecting the City Council's budget. This decision was taken at an early stage in the 2009-10 budget process as Lancaster was to have been the host in 2009, and detailed plans needed to be finalised to send to our participating twin Cities.

There was no debate or discussion at the Budget Council meeting on 4 March on the decision to withdraw support from the International Youth Games in the years 2010-11 and 2011-12, and Council now affirms its long term commitment to the International Youth Games, and asks Cabinet in the forthcoming budget process to propose restoring funding for the years 2010-11 and 2011-12. ‘

It was reported that since the motion proposed the reversal of a decision taken within the last six months (Minute No. 119 refers), the Notice of Motion has been signed in accordance with Council Procedure rule 18.1 by Councillors Mace, Blamire, Bray, Brown, Bryning, Charles, Denwood, Fishwick, Gilbert, Hanson, Helme, Histed, Johnson, Redfern, Roe, Rogerson, Sands, Sherlock, Sowden, Thomas and Williamson.

A briefing note setting out background information was provided by the Head of Democratic Services who answered questions prior to the commencement of the debate. 

It was then moved by Councillor Barnes by way of an amendment:

‘That the City Council agree to host the next International Youth Games in 2010/11.’

Councillor Mace declined to accept this as a friendly amendment and there being no seconder it was then moved by Councillor Burns by way of an addendum:

‘That the City Council look at hosting the International Youth Games prior to the next scheduled host year.’

This too was declined as a friendly amendment and was not seconded.

It was then moved by Councillor Robinson, by way of an amendment:

‘That the Council confirm its commitment to the International Youth Games for a period of 10 years.’

On being advised that the Council was not able to commit funding for a period of 10 years, Councillor Robinson withdrew his amendment.

Following a further period of debate, on being put to the vote, 31 Members voted for the motion, 1 against and 8 abstained, whereupon the Mayor declared the motion carried.

Resolved:

That Council affirms its long term commitment to the International Youth Games, and asks Cabinet in the forthcoming budget process to propose restoring funding for the years 2010-11 and 2011-12.

To receive the Minutes of Meetings of Cabinet held on 3^rd and 17^th March, 2009. 

(Note: The Appendix to the Minutes of 17^th March has not been included on the agenda.  This can be viewed at http://ofsapps06:8070/Published/C00000297/M00004260/AI00017420/$DisposalStrategy2009Amendedhighlighted0309v4x1x.docA.ps.pdf  or a copy can be obtained from Democratic Services on request.)

Council considered the Cabinet minutes of the meetings held on 3^rd and 17^th March 2009.  There were no questions.

Resolved:

That the report be noted.