Agenda and minutes

Apologies for absence were received from Councillors Geoff Knight, Richard Rollins, Emma Smith and Joyce Taylor.

To receive as a correct record the Minutes of the Meeting of the City Council held on 13 June, 2012 (previously circulated). 

The Minutes of the meeting held on 13 June 2012 were signed by the Mayor as a correct record.

Members advised of the following interests at this stage:

Councillor Bryning declared a personal and prejudicial interest in relation to the Urgent Business item regarding the Storey Creative Industries Centre (SCIC) in view of his role as a Board Member of the Storey Creative Industries Centre.  (Minute No. 51 refers.)

Councillor Dennison declared a personal and prejudicial interest in relation to the Urgent Business item regarding the SCIC as his son was part of a company renting an office space in the Storey building. (Minute No. 51 refers.)

Councillor Kerr declared a personal interest in relation to item 11, the Notice of Motion regarding Police Budgets, as a member of the Police Liaison Committee of Morecambe Town Council. 

In accordance with Section 100B (4) of the Local Government Act 1972, the Mayor informed Council that she had agreed to accept an item of urgent business following meetings of the Overview and Scrutiny Committee and Cabinet on 17 July 2012 regarding the Storey Creative Industries Centre (SCIC). The matter was urgent because of the need to make a decision as soon as possible.

The urgent business report was to be taken after agenda item 6.

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

The Mayor announced her intention to hold a Luncheon in the Banqueting Suite on 22 September 2012. Full details about the time, menu and ticket prices would be available closer to the date of the event. There would be a tombola stall, raffle, and a special prize for the smartest hat on parade.

The Mayor was happy to announce that Environmental Services had been awarded Silver Gilt at the Royal Horiticultural Society’s Tatton Park Flower Show.

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 two questions had been received from members of the public, Mr Billy Pye, and Mr Paul Smith, in accordance with Council Procedure Rule 10. 

Copies of the questions, both of which related the Canal Corridor, had been circulated at the commencement of the meeting.

Mr Pye spoke first, putting his question and supplementary question to Councillor Hanson, followed by Mr Smith, who put his question to Councillor Bryning. Details of the questions and the responses are appended to these Minutes.

(Councillor Dennison and Councillor Bryning both left the meeting at this point, having previously declared personal and prejudicial interests.)

The Chief Executive submitted a report to enable Council to consider, as a matter of urgency, a referral from Cabinet resulting from the Overview and Scrutiny Committee’s call-in of the Cabinet decision made on 3 July 2012 regarding the Storey Creative Industries Centre (SCIC). (Cabinet minute 26 refers). The Chief Executive referred to the reasons for urgency.

The Mayor informed Council that, as the report had only recently been published, a short adjournment might be required to allow time for Members to read it. The Mayor also reminded Council that, whilst the report was a public report, two of the appendices (5 and 6) were exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972. Council was therefore recommended to pass a resolution excluding the press and public from the meeting should it be necessary to refer to the information in the exempt appendices.

During Members’ questions about the reasons for urgency, it became apparent that the Chief Executive would need to make reference to the exempt information to provide a full response to Council. In view of this, Councillor Williamson moved, 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 Paragraph 3 of Schedule 12A of that Act.” 

A vote was taken and the motion was clearly carried.

Resolved:

“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 3 of Schedule 12A of that Act.” 

(The public gallery was cleared at this point.)

The Chief Executive responded to a number of questions from Councillors.

Councillor Williamson, seconded by Councillor Thomas, proposed adjourning the meeting to allow time to read the report.

Councillor Burns, seconded by Councillor Kerr, proposed an amendment:

“That the report be deferred for consideration at a later date.”

There was a lengthy debate before a vote was taken on the amendment. With 17 Councillors voting for the amendment, 30 against and 2 abstentions the amendment was clearly lost.

A vote was then taken on the original proposition to adjourn the meeting to allow time to read the report. The proposition was clearly carried and the Mayor announced that the meeting be adjourned to allow Councillors twenty minutes to read the report.

(The meeting adjourned at 3.00pm and reconvened at 3.20pm.)

The Mayor proposed, with the agreement of Council, that members of the press and public be re-admitted to the meeting.

(Members of the press and public were re-admitted at this point.)

The Chief Executive introduced his report.  ...  view the full minutes text for item 51.

Council 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 3 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 Mayor reminded Council that it had been recommended to exclude the press and public from the meeting for the following item (item 10) on the grounds that it could involve the possible disclosure of exempt information.

Councillor Whitaker moved, seconded by Councillor Redfern:

“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 3 of Schedule 12A of that Act.” 

Several Councillors expressed a wish to keep the questions and debate to matters which were not exempt for as long as possible. A vote was then taken on the motion, which was clearly lost, allowing the press and public to stay in the meeting.

To consider a referral report from Cabinet, deferred from the Council meeting held on 11 April 2012 and additional information.

(Press and Public will be re-admitted to the meeting at this point if excluded for item 10.)

The Chief Executive submitted a supplementary report to seek a decision on Cabinet’s earlier recommendation to Council to update the Canal Corridor Development Agreement. The report provided additional information to supplement a report originally submitted to Council on 11 April 2012. The report was deferred at that meeting, to allow Members an opportunity to view the full development agreement prior to taking a decision.

The Mayor informed Members that Mr Peter Skelton of Lambert Smith Hampton was in attendance to assist officers in responding to questions.

There were many questions from Councillors which the Head of Planning and Regeneration, Head of Resources, Legal Services Manager and Mr Skelton responded to.

Councillor Hanson then proposed the recommendations as set out in the supplementary report. The proposition was seconded by Councillor Newman-Thompson.

There was a lengthy debate. At the end of the debate an amendment was moved by Councillor Hamilton-Cox and seconded by Councillor Coates:

“That Council does not approve the Development Agreement until the final version of the agreement has been drafted and a better deal for the taxpayer has been negotiated.”

A recorded vote on the amendment was then requested in accordance with Council Procedure Rule 19.4. The votes were recorded as follows:-

For

Councillors Barry, Brookes, Coates, Forrest, Hamilton-Cox, Kay, Kennedy, Mace, Mumford, Sowden and Woodruff.

(11)

Against

Councillors Aitchison, Anderson, Ashworth, Bancroft, Bevan, Blamire, Bryning, Charles, Denwood, Dixon, Gardner, Graham, Hall, Hanson, Harrison, Helme, Hill, Histed, Jackson, James, Leytham, Metcalfe, Newman-Thompson, Parkinson, Ian Pattison, Margaret Pattison, Pickles, Price, Redfern, Rogerson, Sands, Scott, Sherlock, David Smith, Sykes, Thomas, Whitaker and Williamson.

(38)

Abstentions

Councillors Budden, Burns, Dennison and Greenall.

(4)

(Councillor Johnson declined to vote.)

The Mayor informed Council that the votes were 11 for, 38 against and 4 abstentions therefore the amendment was lost.

Further debate followed. A vote was then taken on the substantive motion which the Mayor declared clearly carried.

Resolved:

(1)        That the principles for the variation of the Development Agreement for the Canal Corridor North development site, as set out Appendix A of the report, be agreed and officers be authorised to finalise the documentation accordingly.

(2)        That completion of the Development Agreement be delegated to the Chief Executive.

(The Mayor adjourned the meeting for ten minutes at this point, in line with Council Procedure Rule 10.1. The meeting reconvened at 6.45pm.)

To consider the recommendations of Cabinet from its meeting on 3 July 2012.

At the request of the Mayor, the Chief Executive explained that items 8 and 13 would be taken next and in view of the time taken to debate the first two reports, all other items would be deferred to the next Council meeting.

 Councillor Bryning, the Cabinet Member with special responsibility for Finance, presented a report of Cabinet, seeking Council’s consideration of various matters in connection with the overall outturn position for 2011/12.

The report was in two parts. Requests to carry forward amounts over £10,000 from the 2011/12 revenue budget allocations were set out for Council to consider for approval. The report also included the Annual Treasury Management Report for noting and the year end Prudential Indicators for Council to approve.

Councillor Bryning and the Head of Resources responded to several questions from Councillors. Councillor Bryning then proposed recommendation (1) of the report, seconded by Councillor Barry:

“That the requests for carry forward of underspent budgets, as set out in Appendix A of the report, be approved.”

There was a short debate. By way of amendment, Councillor Sykes proposed an addendum to Councillor Bryning’s proposal:

“…with the exception of request 6 (£25,200 for Poulton Neighbourhood Management and Winning Back the West End), which should be put back into balances.”

 Councillor Mace seconded the amendment.

There was a short debate before a vote was taken on the amendment, which was clearly lost. A vote was then taken on the substantive motion, which was clearly carried.

Councillor Bryning then proposed recommendations (2) and (3) as set out in the report, seconded by Councillor Blamire.

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

Resolved:

(1)               That the requests for carry forward of underspent budgets as set out at Appendix A of the report, be approved.

(2)               That the Annual Treasury Management report as set out at Appendix B of the report, be noted.

(3)               That the year end Prudential Indicators as set out at Appendix C of the report, be approved.

Council considered a report of the Monitoring Officer to enable Council to adopt a new Code of Conduct in accordance with the requirements of the Localism Act 2011.

The Monitoring Officer responded to one question from a Councillor about Members’ interests.

Councillor Sherlock proposed, seconded by Councillor Blamire:

“(1)         That the Code of Conduct as set out in Appendix 1 to the report, be adopted.

(2)                     That an amended addendum to the Council Procedure Rules (to apply to all meetings of Council, Cabinet, Committees and Overview and Scrutiny) as set out in Appendix 2 to the report, be approved.

(3)                     That the Independent Remuneration Panel be requested to consider the appropriate special responsibility allowance for the chairman of the newly established Standards Committee, and any payments to be made to the Independent Person (and reserves).

(4)                     That all Members be encouraged to attend training sessions to be provided by the Monitoring Officer on the new Code of Conduct, including arrangements for the registration and disclosure of interests.  

(5)                     That the arrangements set out in Appendix 3 of the report, approved by the Standards Committee under Section 28(6) of the Localism Act 2011 for dealing with complaints of breach of the Code of Conduct, be noted.

(6)                     That the appointments of Mr Stephen Lamley, Mr Tony James and Mr David Jordison as Independent Persons be extended to 1 May 2015.”

There was a short debate before a vote was taken on the proposition which was clearly carried.

Resolved:

(1)           That the Code of Conduct as set out in Appendix 1 to the report (and appended to these minutes), be adopted.

(2)                     That an amended addendum to the Council Procedure Rules (to apply to all meetings of Council, Cabinet, Committees and Overview and Scrutiny) as set out in Appendix 2 to the report, be approved.

(3)                     That the Independent Remuneration Panel be requested to consider the appropriate special responsibility allowance for the chairman of the newly established Standards Committee, and any payments to be made to the Independent Person (and reserves).

(4)                     That all Members be encouraged to attend training sessions to be provided by the Monitoring Officer on the new Code of Conduct, including arrangements for the registration and disclosure of interests.  

(5)                     That the arrangements set out in Appendix 3 of the report, approved by the Standards Committee under Section 28(6) of the Localism Act 2011 for dealing with complaints of breach of the Code of Conduct, be noted.

(6)                     That the appointments of Mr Stephen Lamley, Mr Tony James and Mr David Jordison as Independent Persons be extended to 1 May 2015.