Agenda and minutes

The Mayor welcomed all the new Elected Members to the Council.

Apologies for absence were received from Councillors Val Histed and Richard Rollins.

To receive as a correct record the Minutes of the Meeting of the City Council held on 13^th April, 2011 (previously circulated). 

The Minutes of the meeting held on 13 April 2011 were signed by the Mayor as a correct record.

There were no declarations of interest made at this stage.

To consider the report of the Returning Officer setting out the results of the City Council Elections held on 5^th May 2011.

Council noted the report of the Returning Officer setting out the results of the City Council Elections held on 5 May 2011.

To consider the report of the Chief Executive setting out the seniority of Members of the City Council.

The Chief Executive submitted a report which set out the Seniority of Members on the City Council. 

Council noted the report.

To receive the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

Members noted the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

To consider the report of the Chief Executive.

The Chief Executive presented a report which set out the calculation in accordance with the provisions of Section 15 of the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations 1990, which had been carried out following the protocol previously agreed by Council.

The recommendations set out in the report, including the grouping of committees and the confirmation of the constitution of those committees not required to be subject to political balance regulations, were moved by Councillor Greenall and seconded by Councillor Barry.

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

Resolved:-

(1)     That the constitution of the following Committees which are not required to be subject to the political balance requirements of the Local Government and Housing Act 1989 be confirmed as currently established:

·               Standards Committee

·               Licensing Act Committee

(2)         That in undertaking the PR calculations on the Council’s Committees the Council’s agreed protocol be confirmed, utilising the following groupings:

·               Overview and Scrutiny (2 x 9)

·               Regulatory and timetabled Committees of Council (1 x 20 (Planning), 1 x 15 (Licensing Act) and 1 x 9 (Licensing Regulatory) and 2 x 7 (Personnel and Audit)

·               Remaining Standing and Joint Committees to be calculated separately and individually.

(3)     That pursuant to Section 15 of the Local Government and Housing Act, 1989, the City Council allocates the seats on Overview & Scrutiny, Regulatory, Standing and Joint Committees in accordance with the calculations set out in paragraph 5 of the report.

(4)     That Council notes that the allocation of seats referred to in (3) above is subject to review from time to time in accordance with Section 15 of the Local Government and Housing Act, 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990.

To receive nominations and elect the Leader of the Cabinet/Leader of the Council in accordance with the provisions of Article 7.03 of the Council’s Constitution set out below:

“The Leader will be a Councillor annually elected for a four year term to the position of Leader by simple majority of the Council. In the event that only one nomination is put forward a vote will still be taken.”

To receive the Leader’s appointments to Cabinet in accordance with the provisions of Article 7.04 of the Council’s Constitution set out below:

“The Cabinet will consist of the Leader together with a minimum of two and maximum of nine other Councillors, all appointed by the Leader.”

In accordance with Part 3, Schedule 2 of the Council’s Constutition, the Leader will nominate one of the Cabinet Members as Deputy Leader of the Council.  The Deputy Leader of the Council will act if the Leader is unable to act or the post of Leader is vacant.

The Mayor requested any nominations for election to the post of Leader of the Cabinet/Leader of the Council for 2011-2015 in accordance with Article 7.03 of the Council’s Constitution.

Councillor Eileen Blamire was nominated by Councillor Bryning and seconded by Councillor Harrison.

A vote was taken and, with 33 Councillors voting for Councillor Blamire, the Mayor declared Councillor Blamire elected.

Councillor Blamire then named Councillor Janice Hanson as Deputy Leader of the Council and went on to name the Cabinet portfolio holders, as follows:

Councillor Blamire                  Relationships with other Councils

                                                Communications

                                                Performance Management

Councillor Hanson                  Economic Development

                                                Planning

Councillor Bryning                   Finance

                                                Revenues and Benefits

Councillor Sands                    Children and Young People

                                                Culture and Tourism

Councillor Leytham                 Housing

                                                Environmental Health

Councillor David Smith           Community Safety

                                                Clean and Green

Councillor Barry                      Markets

                                                Connecting with Communities

                                                Voluntary Sector

                                                Older People

Councillor Hamilton-Cox         Climate Change

                                                Property Services

Councillor Blamire informed Council that all Cabinet Members would have a responsibility for Community Leadership and working with external partners. Shared services would be led by the relevant Cabinet Member.

To receive nominations and appoint Members to serve on each of the following Overview and Scrutiny bodies in accordance with the political balance arrangements agreed at Item 9. 

In accordance with the Council’s Constitution, Part 3, Sections 12 and 13, only non-Executive Members are entitled to vote on this item.

(a)         Overview and Scrutiny Committee (9)

(b)         Budget and Performance Panel (9) - to include a minimum of one member of the Overview and Scrutiny Committee

Council was informed that a list of Members nominated by the groups for appointment to the Council’s Overview and Scrutiny bodies, in line with the allocation of seats agreed at minute no. 15, had been circulated at the commencement of the meeting. Groups were also given the opportunity to put forward any further changes.

It was noted that Councillor Leytham, the Labour nomination for the Overview and Scrutiny Committee, had been appointed to Cabinet (minute 16 refers). Councillor Leytham was therefore no longer eligible to serve on the Committee and the Labour group agreed to submit a further nomination to the Head of Governance for approval at the next Council meeting.

It was further noted that the Free Independent group were yet to make a nomination for their seat on the Budget and Performance Panel.

The Mayor reminded Members that in accordance with the Council’s Constitution Part 3, Sections 12 and 13, only non-Cabinet members were entitled to vote on this item.

Acceptance of the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies (with one Labour and one Free Independent group nomination yet to be confirmed) was moved by Councillor Knight and seconded by Councillor Dennison.

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

Resolved:

That the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies be approved as set out in Appendix A to these minutes.

To receive nominations and appoint Members to serve on the under-mentioned Committees and the Appraisal Panel in accordance with the political balance arrangements agreed at Item 9.

(a)         Licensing Regulatory Committee (9)

(b)         Licensing Act Committee (15)

(c)         Planning and Highways Regulatory Committee (20)

(d)         Personnel Committee (7)

(e)         Appeals Committee (7)

(f)           Audit Committee (7)

(g)         Standards Committee (7) – may not include Leader

(h)         Council Business Committee (7)

Council was informed that a list of Members nominated by the groups for appointment to the Council’s Committees and the Appraisal Panel, in accordance with the allocation of seats as agreed at minute no. 15, had been circulated at the commencement of the meeting.

A number of amendments to that list were submitted by group administrators.

It was moved by Councillor Knight and seconded by Councillor Greenall that the nominations put forward by the groups for appointments to Committees and the Appraisal Panel be accepted.

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

Resolved:

That the nominations put forward by the groups for appointments to Committees of Council and the Appraisal Panel be approved as set out in Appendix B to these minutes.

To receive nominations and appoint a Chairman to each of the under-mentioned bodies noting that:-

·   The Chairman of the Standards Committee is one of the independent members of the Committee and was re-appointed by Council in November 2010.

·   In accordance with the Council’s Constitution, Part 3, Sections 12 and 13, only non-Executive Members are entitled to vote on (a) and (b) below:

(a)         Overview and Scrutiny Committee - shall not be a member of the largest      political group represented on Cabinet

(b)         Budget and Performance Panel - shall not be a member of the largest political          group represented on Cabinet.

(c)         Licensing Regulatory Committee

(d)         Licensing Act Committee

(e)         Planning and Highways Regulatory Committee

(f)           Personnel Committee

(g)         Appeals Committee

(h)         Audit Committee – shall not be a member of Cabinet or Overview and Scrutiny.

(i)            Council Business Committee

The Mayor requested nominations for a Chairman for the Overview and Scrutiny bodies and for each of the Council’s Regulatory and Standing Committees. 

Members noted that the Chairman of the Standards Committee was one of the independent members of the Committee, who had been re-appointed by Council in November 2010.

The Mayor again reminded Members that in accordance with the Council’s Constitution only non-Executive Members were entitled to vote on the Chairmen proposed for the Overview and Scrutiny Committee and Budget and Performance Panel.

In relation to the Overview and Scrutiny Committee, Councillor Histed was nominated by Councillor Rogerson and seconded by Councillor Helme and  Councillor Kerr was nominated by Councillor Knight and seconded by Councillor Ashworth.

On being put to the vote 15 Members voted for Councillor Histed and 30 for Councillor Kerr whereupon the Mayor declared Councillor Kerr Chairman of the Overview and Scrutiny Committee. 

In relation to the Budget and Performance Panel, Councillor Sykes was nominated by Councillor Rogerson and seconded by Councillor Helme. 

There being no further nominations, Councillor Sykes was declared Chairman of the Budget and Performance Panel.

In relation to the Licensing Regulatory Committee, Councillor Greenall was nominated by Councillor Knight and seconded by Councillor Kerr, Councillor Johnson was nominated by Councillor Rogerson and seconded by Councillor Helme and Councillor Harrison was nominated by Councillor Price and seconded by Councillor Newman-Thompson.

On being put to the vote 13 Members voted for Councillor Greenall, 19 for Councillor Johnson and 24 for Councillor Harrison. 

Since this did not represent a majority for the leading nomination the Mayor advised that, in accordance with Council Procedure Rule 19.4, a further vote would be taken, having discounted the nomination with the least votes, being Councillor Greenall.  There were then 23 votes for Councillor Johnson and 27 for Councillor Harrison, whereupon the Mayor declared Councillor Harrison Chairman of the Licensing Regulatory Committee.

In relation to the Licensing Act Committee, Councillor Price was nominated by Councillor Ian Pattison and seconded by Councillor Denwood and  Councillor Taylor was nominated by Councillor Knight and seconded by Councillor Greenall. 

On being put to the vote 27 Members voted for Councillor Price and 29 for Councillor Taylor whereupon the Mayor declared Councillor Taylor Chairman of Licensing Act Committee. 

In relation to the Planning and Highways Regulatory Committee, Councillor Budden was nominated by Councillor Knight and seconded by Councillor Greenall, Councillor Helme was nominated by Councillor Rogerson and seconded by Councillor Charles and Councillor Sherlock was Councillor Price and seconded by Councillor Redfern. 

On being put to the vote there were 18 votes for Councillor Budden, 15 votes for Councillor Helme and 24 for Councillor Sherlock.

Since this did not represent a majority for the leading nomination the Mayor advised that, in accordance with Council Procedure Rule 19.4, a further vote would be taken, having discounted the nomination with the least votes, being Councillor Helme.  There were then 31 votes for Councillor Budden and 25 for Councillor Sherlock,  ...  view the full minutes text for item 19.

To consider the report of the Head of Governance.

The Head of Governance presented a report requesting Council to consider the basis and the procedure for making the necessary appointments to outside bodies, partnerships and boards and responded to questions from Members.

Regarding the basis for making the necessary appointments, Councillor Barry proposed, seconded by Councillor Leytham:

“That the appointments to be made in respect of the bodies listed in part (a) of the appendix to the report continue to be made by virtue of role or position and that those appointments listed in parts (b) and (c) of the appendix to the report be made by nomination.”

A vote was taken on the proposition which was clearly carried.

Regarding options for the procedure for appointing by nominations, Councillor Barry then proposed, seconded by Councillor Knight:

            “That individual appointments be delegated to the Council Business Committee meeting on 30 June 2011, with nominations to be submitted to the Head of Governance in advance of that meeting and that any appointments where there is a single nomination be delegated to the Head of Governance.”

By way of amendment to the proposition, Councillor Leytham proposed:

“That Members submit nominations to the Head of Governance by 31May 2011 to be voted on at the next Council meeting on 15 June 2011 and that any appointments where there is a single nomination be delegated to the Head of Governance.”

The amendment was put to the vote when, with 28 Members voting for and 24 against, the Mayor declared the amendment carried. A vote was then taken on the substantive motion and with 30 Members voting for, the Mayor declared the motion carried.

Councillor Barry then moved, seconded by Councillor Coates:

“That Council notes the discontinuation of the following appointments:

·         Alfa Aesar

·         Court of the University of Central Lancashire

·         Lancaster Police and Community Forum

·         North Lancashire Health and Well Being Group”

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

The Mayor then asked Members whether there any known changes to the outside bodies as listed and it was noted that the Citizens Advice Bureau was now known as the North Lancashire Citizens Advice Bureau.

Councillors Ashworth and Greenall both declared a personal interest at this point in the meeting as members of the Board of the North Lancashire Citizens Advice Bureau.

Resolved:

(1)     That the appointments to be made in respect of the bodies listed in part (a) of the appendix to the report continue to be made by virtue of role or position and that those appointments listed in parts (b) and (c) of the appendix to the report be made by nomination. (Full lists of (a), (b) and (c) are shown at Appendix C to these minutes.)

(2)     That Members submit nominations to the Head of Governance by 31 May 2011 to be voted on at the next Council meeting on 15 June 2011 and that any appointments where there is a single nomination be delegated to the Head of Governance.

(3)     That Council notes  ...  view the full minutes text for item 20.

The Deputy Chief Executive introduced a report presenting the draft 2011/14 Corporate Plan and the Medium Term Financial Strategy to Council and responded to questions from Councillors.

Councillor Blamire proposed, seconded by Councillor Bryning:

“That Council approves the Corporate Plan and Medium Term Financial Strategy, which form part of the Policy Framework and that Council notes the Medium Term Corporate Property Strategy, Human Resource Strategy and Information and Communications Technology Strategy, which do not.”

Councillor Ashworth then proposed by way of amendment, which was accepted as a friendly amendment by the mover and seconder of the original motion:

“(1)   That Council approves the Corporate Plan and Medium Term Financial Strategy, which form part of the Policy Framework, subject to the following revision to the words in Part 6 of the Corporate Plan under “Our Vision” for Morecambe, to read ‘In Morecambe this means a vital and vibrant seaside resort recognised for its tourism offer in an exceptional natural setting with a sustainable economy and a stable resident community’.

(2)     That Council notes the Medium Term Corporate Property Strategy, Human Resource Strategy and Information and Communications Technology Strategy, which do not form part of the Policy Framework.”

Councillor Kerr seconded the amendment.

After debate, a vote was taken whereupon the Mayor declared the proposition carried.

Resolved:

(1)     That Council approves the Corporate Plan and Medium Term Financial Strategy, which form part of the Policy Framework, subject to the following revision to the words in Part 6 of the Corporate Plan under “Our Vision” for Morecambe, to read ‘In Morecambe this means a vital and vibrant seaside resort recognised for its tourism offer in an exceptional natural setting with a sustainable economy and a stable resident community’.

(2)     That Council notes the Medium Term Corporate Property Strategy, Human Resource Strategy and Information and Communications Technology Strategy, which do not form part of the Policy Framework.

Report of the Head of Governance

Members considered a report asking Council to make the necessary amendments to the Constitution to confirm the governance arrangements recommended by Cabinet for the shared Revenues and Benefits service with Preston City Council.

The Head of Governance responded to several questions from Councillors.

Councillor Barry moved the recommendation as set out in the report, seconded by Councillor Bryning. The motion was then put to the vote, whereupon the Mayor declared it clearly carried.

Resolved:

(1)                    That the Head of Governance, as Monitoring Officer, be authorised to amend the Council’s Constitution to reflect the establishment of a Joint Committee to carry out the Revenues and Benefits functions of this Council and Preston City Council, with the composition and terms of reference as set out in Appendix D to these minutes.

Council considered a report by the Monitoring Officer enabling changes to be made to the Cabinet Procedure Rules to reflect the new statutory provisions with regard to the Cabinet/Leader executive model. The report also asked Council to note that the delegation of executive functions was now the responsibility of the Leader and to ensure that the whole of the Scheme of Delegation was kept up to date, Committees exercising non-executive functions would in due course be requested to review their arrangements for the delegation of functions.

The Head of Governance responded to several questions from Councillors.

Councillor Blamire moved the recommendations as set out in the report, seconded by Councillor Hanson. The proposition was then put to the vote, whereupon the Mayor declared it clearly carried.

Resolved:

(1)                    That the Cabinet Procedure Rules in Part 4 Section 4 of the Council’s Constitution be amended as appended to the report (shown at Appendix E to these minutes.)

(2)                    That Council notes that in accordance with the revised Cabinet Procedure Rule 1.2, the Leader will report to the next Council meeting on the delegation of executive functions.

(3)         That Council notes that for the time being the Scheme of Delegation to Officers in Part 3, Section15 of the Constitution remains effective, but that it will be for the Leader to confirm the arrangements for delegation of executive functions to officers, and that to ensure that the whole of the Scheme of Delegation is up to date, Committees exercising non-executive functions will in due course also be requested to update their arrangements for the delegation of functions.