Agenda and minutes

Apologies for absence were received from Councillors Val Histed, Peter Robinson and John Whitelegg.

To receive as a correct record the Minutes of the Meetings of the City Council held on 8^th and 29^th April, 2009 (previously circulated). 

The minutes of the meetings held on 8^th and 29^th April 2009 were signed by the Mayor as a correct record.

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

Councillor June Ashworth declared a personal and prejudicial interest as a Trustee of the Morecambe Bay Partnership in relation to the Morecambe Bay Regional Parkshould it be referred to during discussion on the Corporate Plan. (Minute No. 12 refers).

Councillor Evelyn Archer declared a personal and prejudicial interest as Chairman of the Winter Gardens Trust should it be referred to during discussion on the Corporate Plan. (Minute No. 12 refers).

In accordance with Council Procedure Rule 16(c), it was moved by Councillor Fishwick and seconded by Councillor Bray:

 ‘‘That the order of items on the Agenda be changed to take Agenda Item 11 (Composition of Cabinet) before Agenda Item 10 (Election of Leader of the Cabinet/Leader of the Council).”

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

Resolved:

That the order of items on the Agenda be changed to take Agenda Item 11 (Composition of Cabinet) before Agenda Item 10 (Election of Leader of the Cabinet/Leader of the Council).

To receive the report of Cabinet Member, Councillor Fletcher deferred from the meeting of 8^th April 2009.

Further to Minute No. 133 (2008/09) and in accordance with Article 7.06(j) Councillor Fletcher presented her contribution to the Annual Executive Report for 2008/09.  There were no questions.

Resolved:

That the report of Councillor Fletcher as Cabinet Member be noted.

To receive the Annual Report of Overview & Scrutiny deferred from the meeting of 8^th April 2009.

The Overview & Scrutiny Annual report has been published separately and previously supplied.  Please bring your copy to the meeting.  Additional copies are available on request from Democratic Services.

Further to Minute No. 135 (2008/09), and in accordance with Article 6.03(c) the Chairman of the Overview and Scrutiny Committee, Councillor Stuart Langhorn, presented the Overview and Scrutiny Annual Report for 2008/09.  There were no questions.

Resolved:

That the Overview and Scrutiny Annual Report be received.

To consider the recommendations of Council Business Committee from its meeting on 18^th May 2009.

Copies of Appendix A containing the draft Corporate Plan 2009/10 will be circulated separately.

The Chairman of Council Business Committee, Councillor Rob Smith presented a draft 2009/10 Corporate Plan, the outstanding sections of which had been considered by the Committee at its meetings on 12^th March and 23^rd April 2009 in accordance with the decision of Council on 4^th February 2009.  (Minute 102 (2008/09) refers.)

It was noted that the Council Business Committee’s recommendations reflected the fact that the current version of the Plan was still incomplete, due to a range of issues outside the control of the Council, in particular :-

·               the need to include all National Performance Indicators applicable to district councils, some of which are still under development

·               the need to include local targets that contribute to the Lancashire Local Area Agreement, which is currently being updated.

·               the need to include targets that contribute to delivering the Local Strategic Partnership’s Thematic Group action plans, some of which are still incomplete

·               the need to reflect that the Corporate Plan is a 3 year plan and some actions may not be implemented in year 1 and so not be fully developed.

The recommendations of the Council Business Committee were moved by Councillor Smith and seconded by Councillor Bryning. 

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

Resolved:

(1)               That the 2009/10 Corporate Plan circulated as Appendix A to the report be approved, subject to corrections to the numbering of Objectives 6 and 7.

(2)               That Council consideration of any further amendments to the Corporate Plan be delegated to Council Business Committee prior to referral to full Council for formal approval.

(3)               That Cabinet be required to meet shortly after the Annual Business Council meeting, as part of the annual Corporate Plan approval process, to consider the Corporate Plan with a view to agreeing Cabinet portfolios that are clear, focused and transparent in delivering the Council’s corporate priorities and objectives.

To consider the report of the Chief Executive.

Council considered a report of the Chief Executive 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.

It was moved by Councillor Wade and seconded by Councillor Denwood:

‘That the size of the Licensing Regulatory Committee be increased from 7 to 9 Members.’

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

Recommendations (2) to (5) set out in the report, including confirmation of the existing grouping of committees, were moved by Councillor Knight and seconded by Councillor Kerr.

It was then moved by Councillor Bray and seconded by Councillor Charles by way of an amendment:

‘That recommendation (2) be amended as follows:

‘That in undertaking the PR calculations on the Council’s Cabinet and Committees, the Council agreed protocol be confirmed, but the grouping arrangement for overview and scrutiny be discontinued and the PR on Overview & Scrutiny Committee and Budget & Performance Panel be calculated separately and individually.’

On being put to the vote, 10 members voted for the amendment and many against, whereupon the Mayor declared the amendment clearly lost.

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

Resolved:

(1)          That the size of the Licensing Regulatory Committee be increased from 7 to 9 Members.

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

·                Cabinet (if PR agreed) (1 x 10)

·                Overview and Scrutiny (2 x 9)

·                Regulatory and timetabled Committees of Council (1 x 20 (Planning), 1 x 15 (Licensing Act), 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 it be noted that the PR calculations undertaken on the basis of the agreed protocol result in the allocations set out in Appendix A to the report. 

(4)     That in accordance with 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 Appendices B and C to the report.

(5)     That Council notes that the allocation of seats referred to in (3) and (4) 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 consider whether or not the Cabinet should be established on a proportional representation (PR) basis for the ensuing year.

Council was advised that it was necessary to determine the basis on which the Cabinet should be established for the forthcoming year.

It was moved by Councillor Bryning and seconded by Councillor Clifford:

‘That the Cabinet for the 2009/10 Municipal Year be formed on the basis of PR.’

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

Resolved:

That the Cabinet for the 2009/10 Municipal Year be formed on the basis of PR.

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

“The Leader will be a Councillor annually elected 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.”

The Mayor requested any nominations for Election to the post of Leader of the Cabinet/Leader of the Council for 2009/10 in accordance with Article 7.03.

Councillor Abbott Bryning was nominated by Councillor Clifford and seconded by Councillor Blamire.

Councillor Roger Mace was nominated by Councillor Charles and seconded by Councillor Williamson.

Councillor Stuart Langhorn was nominated by Councillor Gilbert and seconded by Councillor Day.

On being put to the vote, 13 members voted for Councillor Bryning, 11 for Councillor Mace and 21 for Councillor Langhorn.

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 Mace.

There were then 14 votes for Councillor Bryning and 21 for Councillor Langhorn, whereupon the Mayor declared Councillor Langhorn elected.

Resolved:

That in accordance with Article 7.03, Councillor Stuart Langhorn be elected Leader of the Cabinet and Leader of the Council for the current Municipal Year.

To receive nominations for a minimum of 2 and a maximum of 9 further Members to serve on Cabinet and elect those Members of the Cabinet in accordance with the provisions of Article 7.04 of the Constitution set out below:

“In the event that a resolution for a PR Cabinet is carried by simple majority of the Council, other Cabinet Members, as nominated by Groups, shall be elected to the Cabinet en bloc.  In any other case, including the case of a casual vacancy arising during the year in a non-PR Cabinet, Members who are nominated, seconded and willing to accept nomination shall be voted upon individually commencing with those one or more up to the number of vacancies as are nominated before the start of the meeting by the Leader or potential Leader until vacancies for other Cabinet Members are filled or until no more nominations are made.  Nominations shall be put forward as a package by the Leader, but voted upon individually, commencing with those nominated by the Leader, until all vacancies are filled and no more nominations are made.  Should an individual not be elected, further nominations may be made by Councillors but not by the Leader.”

Having decided that the Cabinet should be established on a PR basis, the Mayor called on Group Administrators for their nominations to Cabinet in accordance with Article 7.04.

The Groups put forward their nominees for Cabinet Members in addition to Councillor Langhorn (Liberal Democrat) who had been elected as Leader of the PR Cabinet as follows:

It was moved by Councillor Langhorn and seconded by Councillor Day that the above nominations be elected to the Lancaster City Council Cabinet for 2009/10.  On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

That the following Members be elected to the Lancaster City Council Cabinet for the 2009/10 Municipal Year, in addition to Councillor Langhorn (Liberal Democrat) who had been elected as Leader of the PR Cabinet:

Councillors Evelyn Archer, June Ashworth, Jon Barry, Eileen Blamire, Abbott Bryning, Jane Fletcher, David Kerr, Roger Mace and Malcolm Thomas.

To receive nominations and appoint Members to serve on each of the following Overview and Scrutiny bodies.  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. 13 had been circulated at the commencement of the meeting.  Group Administrators were also given the opportunity to put forward any further changes.

The Mayor reminded Members that in accordance with the Council’s Constitution Part 3, Sections 12 and 13 only non-Executive 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 was moved by Councillor Knight and seconded by Councillor Trolinger.

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 at Appendix A.

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

(a)         Licensing Regulatory Committee (7 (subject to any decision at Item 9))

(b)         Licensing Act Committee (15)

(c)         Planning and Highways Regulatory Committee (20)

(d)         Personnel Committee (7) – to include at least one Member of Cabinet

(e)         Appeals Committee (7) – to include at least one Member of the Cabinet. 

(f)           Audit Committee (7)

(g)         Appraisal Panel (7) – to include the Leader

(h)         Standards Committee (7) – may not include Leader, maximum of 1 Member of Cabinet

(i)            Council Business Committee (7)

(j)            Lancashire Local – Lancaster District Joint Committee (10) – must include at least one Cabinet Member

Council was informed that a list of Members nominated by the Groups for appointment to the Council's Committees in accordance with the allocation of seats agreed at Minute No. 13 had been circulated at the commencement of the meeting.

A number of amendments to that list were submitted.

It was moved by Councillor Knight and seconded by Councillor Clifford that the nominations put forward by the Groups for appointments to Committees 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 appointment to Committees of Council be approved as set out at Appendix B.

To receive nominations and appoint a Chairman to each of the under-mentioned bodies.  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 – may not be a Member of Cabinet or Overview & Scrutiny

(i)          Appraisal Panel – may not be the Leader

(j)          Standards Committee – Council is requested to note the re-appointment of Mr. Stephen Lamley as Chairman for period of 3 years from May 2008 agreed by Council on 20^th June 2007 (Minute No. 37 refers)

(k)        Council Business Committee

The Mayor requested nominations for a Chairman for each of the Council’s Regulatory and Standing Committees and for the Overview and Scrutiny bodies.  He 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 John Gilbert was nominated by Councillor Kirkman and seconded by Councillor Day. 

There being no further nominations, the Mayor declared Councillor Gilbert Chairman of the Overview and Scrutiny Committee.

In relation to the Budget and Performance Panel, Councillor Roger Sherlock was nominated by Councillor Clifford and seconded by Councillor Hanson.  Councillor Sarah Fishwick was nominated by Councillor Bray and seconded by Councillor Williamson. 

On being put to the vote there were 25 votes for Councillor Sherlock and 10 votes for Councillor Fishwick, whereupon the Mayor declared Councillor Sherlock Chairman of the Budget and Performance Panel.

In relation to the Licensing Regulatory Committee, Councillor Chris Coates was nominated by Councillor Trolinger and seconded by Councillor Heath.  Councillor Tony Wade was nominated by Councillor Knight and seconded by Councillor Ashworth.

On being put to the vote there were many votes for Councillor Wade, whereupon the Mayor declared Councillor Wade Chairman of the Licensing Regulatory Committee.

In relation to the Licensing Act Committee, Councillor Joyce Taylor was nominated by Councillor Knight and seconded by Councillor Burns. 

There being no further nominations, the Mayor declared Councillor Taylor Chairman of the Licensing Act Committee.

In relation to the Planning and Highways Regulatory Committee, Councillor Anne Chapman was nominated by Councillor Trolinger and seconded by Councillor Heath.  Councillor Eileen Blamire was nominated by Councillor Clifford and seconded by Councillor Denwood.  Councillor Helen Helme was nominated by Councillor Fishwick and seconded by Councillor Bray.  Councillor Keith Budden was nominated by Councillor Knight and seconded by Councillor Kerr.

On being put to the vote there were 10 votes for Councillor Chapman, 16 for Councillor Blamire, 10 for Councillor Helme and 20 for Councillor Budden.

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.   There was however a tied vote in relation to the nominations with the least votes and the Mayor declared that in accordance with Council Procedure Rule 19.6 a second vote would therefore be taken.

There were then 10 votes for Councillor Chapman, 15 for Councillor Blamire, 10 for Councillor Helme and 20 for Councillor Budden.

Since the votes remaining tied after this second vote, the Mayor declared that in accordance with Council Procedure Rule 19.6, determination of the nomination with the least votes would now be settled by the drawing of lots.

This was undertaken by the Chief Executive and Head of Democratic Services, whereupon, the Mayor declared that Councillor Helme would now be discounted and a further vote was taken on the  ...  view the full minutes text for item 19.

To consider the report of the Chief Executive.

The Head of Democratic Services presented a report setting the current position regarding appointments to outside bodies, partnerships and boards and the decisions required of Council at this meeting in this respect.

In particular Members were asked to consider whether in carrying out this annual review of appointments they wished to make any amendments to the appointments previously made on the basis of PR in order to meet the requirements of the recently revised policy in advance of the expiry of the 4 year term of office previously agreed.

The report also set out details of an invitation to nominate a member and substitute to join the North Lancashire Local Action Group of the Lancashire Economic Partnership and the options available to Council.

The recommendations set out the in the report, including the proposal that the appointments to the North Lancashire Local Action Group should be made by Cabinet, were moved by Councillor Knight and seconded by Councillor Langhorn.

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

Resolved:

(1)                That Council confirms the basis on which appointments to outside bodies are made by virtue of a Councillor’s position as set out in Appendix C, including the appointment and substitute on the North Lancashire Local Action Group Executive Group being the relevant Cabinet Members.

(2)               That Council confirms the appointments made on the basis of PR until May 2011 as set out in Appendix C with only new appointments being made in accordance with the revised policy until that time.

(3)               That Council confirms the appointments made in line with the revised policy as set out in Appendix C.

(4)               That Council notes the discontinuation of the following appointments:

·         Carnforth Area Regeneration Partnership

·         Governing Body – Lancaster Adult College

·         Governing Body – Lancaster & Morecambe College Corporation

·         Groundwork Trust

·         Poulton Neighbourhood Management Committee

·         Lancaster Regeneration Partnership