Agenda and minutes

Apologies for absence were received from Councillors Dave Brookes, Susie Charles, Darren Clifford and Ron Sands.

To receive as a correct record the Minutes of the Meeting of the City Council held on 31^st January 2018 (previously circulated). 

The minutes of the meeting held on 31^st January 2018 were signed by the Mayor as a correct record.

By way of a retrospective declaration, Councillor Hamilton-Cox advised the meeting that he had failed to declare a DPI on the empty homes report, which had been considered at the last Council meeting on 31 January 2018.  He apologized to the meeting for this oversight.

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

Members advised of the following interests at this stage:

Councillor Scott declared a personal interest in the Budget Framework report in view of her being on the Friends of Williamson Park.

Councillor Scott declared a further personal interest in the Budget Framework report in view of her being an ex officio member of the Lancaster King’s Own Regiment.

The Mayor announced that he would be hosting a Charity Dinner on Saturday 24 March at Lancaster Town Hall.  The guest speaker would be the High Sheriff of Lancashire, Robert Webb JP DL.  67 tickets had been sold but there were still some tickets available from the Mayor’s office at a cost of £25, which included a 4-course meal.

Before moving on to the next agenda item, the Mayor reminded Members that there was a lot of business to be discussed at the meeting.  He asked all Councillors to debate with respect for one another so that the items on the agenda could be dealt with efficiently.

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 no questions had been received from members of the public in accordance with the provisions of Council Procedure Rule 11.

The Mayor informed Members that no petitions or requests to address Council had been received from members of the public.

The Leader presented her report updating Members on various issues since her last report to Council. The Leader advised the meeting that she had been misinformed with regard to the cases of rickets in Morecambe and asked that the sentence be withdrawn.  She responded to a number of questions from Councillors. 

Resolved:

That the report be noted. 

To consider the report of Cabinet

The Mayor explained that in accordance with Council Procedure Rule 20.7, which was introduced in February 2014 to comply with regulations, a recorded vote would be taken in respect of budget setting, and recommendations (1) & (2) of the report would be ‘budget decisions’ within the terms of the regulations.

Councillor Whitehead presented a report setting out Cabinet’s budget proposals and responded to questions from Members.  The Chief Officer (Resources) also responded to Member’s questions. 

Councillor Hanson advised the meeting that she would provide a written answer to Councillor Hamilton-Cox to update him with regard to Bold Street. 

Councillor Whitehead moved, seconded by Councillor Blamire:

“That the recommendations, as set out in the report be approved with the following updated recommendations to 2(a) & 2(c):

2(a)   That the supporting General Fund revenue budget proposals be approved, as summarised at Annexes 1(i) and (ii), but with the addition of a budget of £30,000 to be used to implement the recommendations of the working group set up to reduce the use of plastic bottles and disposable cups, with the budget being financed from the Budget Support Reserve and its allocation being delegated to the Chief Officer (Environment) in consultation with the relevant Cabinet Member.

2(b)    That the Policy and Statement on Provisions and Reserves be approved as set out at Annexes (4) and (5), allowing for the additional Budget Support Reserve adjustment included at 2(a) above.”

The Mayor informed Council that he had been given notice of alternative budget proposals from the Conservative Group.  Papers containing the proposals had been circulated at the start of the meeting. 

By way of an amendment, Councillor Peter Williamson moved the proposals, seconded by Councillor Gardiner (figures are appended to these minutes):

“(1)   That Council rescinds the following decision taken on 31 January regarding council tax (minute 104):

-       the approval of a City Council tax increase of 2.99% for 2018/19, together with a year on year target of 2.99% for future years, subject to local referendum thresholds, be approved.

15 signatories had signed the motion in accordance with Council Procedure Rule 18.1 of the Council’s Constitution, which stated that:  “A motion or amendment to rescind a decision made at a meeting of Council within the past 6 months cannot be moved unless the notice of motion is signed by at least 15 members, being a quorum of the Council.”)

(2)          That in place of that earlier decision, Council approves a freeze in the City Council tax rate for 2018/19, together with a target for a year on year freeze for future years.

(3)          That to fit with the above, a General Fund Revenue Budget of £15.941M for 2018/19 be approved, resulting in a Council Tax Requirement of £8.816M excluding parish precepts, and a Band D basic City Council tax rate of £213.97.

(4)          That the Medium Term Financial Strategy (MTFS) be approved as set out at Appendix A, subject to it being amended to reflect the following:

a.          That the amended General Fund revenue budget  ...  view the full minutes text for item 120.

To consider the report of Cabinet

Councillor Whitehead introduced a report seeking approval for the Council’s Treasury Management Framework for 2018/19 onwards, including all the various elements as required under relevant legislation and the associated Code of Practice.

The recommendation in the report was moved by Councillor Whitehead and seconded by Councillor Blamire.

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

Resolved:

(1)    That the Treasury Management Framework and associated Prudential Indicators, as set out in Appendices B to D of the report, be approved.

To consider the report of the Chief Officer (Resources)

The Chief Officer (Resources) submitted a report seeking Council’s approval for Council tax rates for the district for 2018/19.

There was no debate and a vote was taken on the proposal, which was clearly carried.

Resolved:

(1)          That it be noted that, under delegated powers in accordance with section 84 of the Local Government Act 2003, the following amounts have been calculated for the year 2018/19, in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 1992 (as amended) made under section 33(5) of the Local Government Finance Act 1992 (the “Act”):

(a)  41,200.00 being the amount of its council tax base for the whole district [item T in the formula in section 31B of the Act];

(b) 

being the amounts of its council tax base for each parish within the district.

(2)          That in accordance with section 35 of the Local Government Finance Act 1992, it be noted that there are no expenses to be treated as the City Council’s special expenses.

(3)          That the following amounts be now calculated by the City Council for the year 2018/19 in accordance with Sections 31 to 36 of the Act, as amended by the Localism Act 2011:

(a)   £141,495,753.09 being the aggregate of the amounts which the City Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by parish councils;

(b)   £131,798,312.00 being the aggregate of the amounts which the City Council estimates for the items set out in Section 31A(3) of the Act;

(c)   £9,697,441.09 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the City Council, in accordance with Section 31A(4) of the Act, as its council tax requirement for the year. [Item R in the formula in Section 31B of the Act];

(d)   £618,541.09 being the aggregate amount of all special items (parish precepts) referred to in Section 34(1) of the Act;

(e)   £9,078,900.00 being the council tax requirement for the Council’s own purposes for 2018/19 (excluding parish precepts);

(f)    £235.37 being the amount at 3(c) above [Item R], all divided by the amount at 1(a) above [Item T], calculated by the City Council, in accordance with section 31B of  ...  view the full minutes text for item 122.

To consider the report of the Chief Executive.

The Chief Executive’s report on the Pay Policy Statement 2018/19 was considered by Council.  Councillors’ questions on the report were responded to by the Chief Executive.

Prior to tabling a recommendation, Councillor Atkinson advised the meeting that she would accept a friendly amendment that in future the Pay Policy Statement would be considered by the Personnel Committee, prior to being discussed at Council.  Councillor Atkinson further informed the meeting that she intended that the Pay Policy Statement would be reviewed by the Personnel Committee in April.  

Councillor Atkinson, proposed, seconded by Councillor Kershaw:

“That the Pay Policy Statement for 2018/19 appended to the report, be approved for publication.”

By way of an amendment, Councillor Goodrich proposed that the current policy be renewed for twelve months and Councillor Atkinson requested an adjournment to seek clarification as to whether this was possible.

The meeting adjourned at 9.25pm and reconvened at 9.35pm

Councillor Atkinson advised the meeting that for legal reasons the Pay Policy Statement had to be agreed that night and that in view of the changes it contained it was not possible for the current policy to be rolled over for a further year.

By way of an amendment, which was accepted as a friendly amendment by the proposer of the original proposition, Councillor Goodrich proposed:

“That all future Pay Policy Statements be considered by the Personnel Committee, prior to being tabled at Council and that the Pay Policy Statement for 2018/19 be brought back to Council within a couple of months after having been reviewed by the Personnel Committee.”

By way of an amendment Councillor Caroline Jackson proposed that the policy be agreed without section 6.15, paragraph 2, section 10.4 and section 12.1.

The Mayor advised the meeting that legal advice would need to be sought.  The Interim Head of Legal & Democratic Services advised that whilst the first two sections could be removed, he would recommend that section 12.1 remain.

Councillor Atkinson advised that she would not accept this as a friendly amendment.

At this point Councillor Atkinson proposed the following revised recommendations:

“(1)      That the Pay Policy Statement for 2018-19 be approved.

(2)          That all future Pay Policy Statements be considered by the Personnel Committee, prior to being forwarded to Council.

(3)          That the Pay Policy Statement 2018-19 be considered by Council by July 2018 when any further amendments can be considered post Personnel Committee meeting.”

By way of a further amendment Councillor Goodrich proposed, seconded by Councillor Gardiner:

 “That a time limit of 12 months be put on section 12.1.”

Councillor Atkinson advised that she would not accept this as a friendly amendment but confirmed that the Personnel Committee would review all of the Pay Policy Statement.

At this point Councillor Caroline Jackson withdrew her amendment.

Council then voted on Councillor Goodrich’s amendment, which had been seconded by Councillor Gardiner.

On being put to the vote 19 voted in favour of the amendment, 27 against and 2 abstained whereupon the Mayor declared  ...  view the full minutes text for item 123.

To consider the report of the Chief Executive.

Council considered a report submitted by the Chief Executive with regard to a request from the Lancaster Canal Regeneration Partnership (LCRP) Project Manager for Council to appoint a Member to attend the quarterly executive meetings of the LCRP.

Members agreed that Council should appoint to the partnership and nominations were sought.

Councillor Hanson was nominated by Councillor Metcalfe and seconded by Councillor  Brown.  Councillor Yates was nominated by Councillor Gardiner and seconded by Councillor Goodrich.

On being put to the vote 27 Members voted for Councillor and 19 voted for Councillor Yates, whereupon Councillor Hanson was appointed.

Resolved:

(1)          That the basis of the appointment to the LCRP be by way of nomination and voting at Council: and

(2)          That Councillor Hanson be appointed to the Lancaster Canal Regeneration Partnership

To consider the report of the Chief Executive.

The Interim Head of Legal & Democratic Services and the Democratic Services Manager left the Council Chamber at this point, both having an interest in the following report.

Council considered a report submitted by the Chief Executive to enable the Council to designate an officer to be Monitoring Officer with effect from 1^st March 2018. Members asked a number of questions to which the Chief Executive responded.

Councillor Peter Williamson proposed, seconded by Councillor Gardiner:

“That Mrs Chambers remains Monitoring Officer for the time being with Mr Brown’s appointment referred to the Personnel Committee for the Committee to proceed as they see fit and proper with regard to the City Council’s policies.”

During a lengthy debate, the Mayor agreed to a request to adjourn the meeting in order for the Labour Group to consider the proposition.

The meeting adjourned at 10.45pm and reconvened at 11.05pm.

By way of an amendment, Councillor Leyshon proposed, seconded by Councillor Hanson:

“That the recommendation as set out in the report be approved, with the following addition: “this Council recommends that the Personnel Committee reviews the process for recruiting Chief Officers at the earliest opportunity.”

Councillor Peter Williamson did not accept this as a friendly amendment. 

After a lengthy debate, Members voted on the amendment, which was clearly carried.

The amendment, which had now become the substantive motion, was subject to a second vote and was, again, clearly carried.

Resolved:

(1)          That the Interim Head of Legal and Democratic Services, David Brown, be designated as the Council’s Monitoring Officer with effect from 1 March 2018.

(2)          That the Council recommends that the Personnel Committee review the process for recruiting Chief Officers at the earliest opportunity.

The Interim Head of Legal & Democratic Services and the Democratic Services Manager returned to the Council Chamber at this point.

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. 

At this point in view of the lateness of the hour the Mayor informed Councillors that consideration of the remaining items of the agenda would be deferred to the next Council meeting on 11^th April 2018.

To receive the Minutes of Meetings of Cabinet held 7^th February and 13^th February 2018. 

Consideration of this item was deferred to the Council meeting on 11^th April 2018.