Agenda and minutes

Council
Wednesday, 3rd March 2010 2.00 p.m.

Venue: Morecambe Town Hall

Contact: Gillian Noall, Head of Democratic Services - telephone (01524) 582060 or email  gnoall@lancaster.gov.uk 

Items
No. Item

96.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors David Kerr and Rob Smith.

97.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 3rd February, 2010 (previously circulated). 

Minutes:

The minutes of the meeting held on 3rd February 2010 were signed by the Mayor as a correct record.

98.

DECLARATIONS OF INTEREST

Minutes:

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

 

Councillors Ken Brown, Susie Charles, Chris Coates, Sarah Fishwick and Janice Hanson declared personal interests as Members of the County Council in the items relating to gritting operations and community pools. (Minute Nos. 101, 104 and 105 refer.)

 

Councillor Sarah Fishwick also declared a prejudicial interest on the items concerning community pools as a relative is employed at one of the pools.  (Minute Nos. 104 and 105 refer.)

 

Councillors June Ashworth, Eileen Blamire, Susie Charles,  Melanie Forrest, Sylvia Rogerson and Ron Sands declared personal and prejudicial interests as Board Members of the Dukes Theatre in relation to the level of grant referred to as part of the budget proposals.  (Minute No. 107 refers.)

 

Councillor Stuart Langhorn and Maia Whitelegg declared personal and prejudicial interests in relation to the Dukes Theatre referred to as part of the budget proposals, having received a letter from the Dukes regarding potential increase in fees payable for DT3 as a result of proposed funding cuts.  (Minute No. 107 refers.)

 

Councillors Janie Kirkman and Malcolm Thomas declared personal interests as former Board Members of the Dukes Theatre referred to as part of the budget proposals.  (Minute No. 107 refers.)

 

Councillors Anne Chapman and Emily Heath declared personal interests in relation to the Dukes Theatre referred to as part of the budget proposals, having declared the acceptance of free tickets on an earlier occasion although this had been below the £25 threshold.  (Minute No. 107 refers.)

99.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11 pdf icon PDF 12 KB

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.  

Minutes:

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. Ian Dent to ask his question of the relevant Cabinet Member.  Details of the question, which related to community swimming pools, 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 there were 2 items on the agenda on this matter and Mr. Dent was invited to remain to hear these debates.

100.

Petitions and Addresses pdf icon PDF 8 KB

To receive an Address from Denis Buczynski, notification of which has been received by the Chief Executive in accordance with the Council’s Constitution.  A copy of Mr Buczynski’s address is attached. The Leader/Cabinet Member will respond.

 

 

 

Minutes:

Mr. Denis Buczynski addressed Council in accordance with Council Procedure Rule 12 on behalf of the Lancaster Markets Tenants Association in relation to the proposed closure of the Lancaster Market and Notices to Quit served on the tenants and traders.

 

He outlined reasons why he thought that the options offered to traders were unrealistic and referred to the public support for retaining the market as evidenced particularly by the petition of over 13,000 names handed in just before the meeting.  He acknowledged the financial  loss incurred by the City Council but asked that further consideration be given to alternative proposals in order to find a way forward without putting traders out of business.

 

Councillor Langhorn, Leader of the Council responded, emphasising the need for the City Council to reduce the deficit currently faced as a result of the lease on the building or to find substantial savings elsewhere.  He reminded everyone that the decision to look for a single trader had initially been made some time ago and this had not been a sudden decision but the end of a long process.  Nevertheless he was prepared to look at options which were being but forward by the Market Traders and others and advised that he had been discussing the matter with other Cabinet Members  and intended to move an additional recommendation on the budget item later on the agenda that a working group look at these options and report back to Council for a final decision.

 

He thanked Mr. Buczynski for his address and invited him and the other members of the public present to stay and hear the debate and decision on this matter later in the meeting.

 

The Mayor advised that whilst it was normal procedure to refer such addresses for report to the next meeting of the relevant body, on this occasion since the item was included for debate on this agenda, the issues raised by Mr. Buczynski would therefore be taken into account at that time.

101.

NOTICE OF MOTION - GRITTING OPERATIONS pdf icon PDF 13 KB

To consider the following motion submitted by Councillors Melanie Forrest, Jude Towers, Morgwn Trolinger, John Whitelegg:

 

“This council congratulates the hard working staff that undertook gritting operations over the Christmas New Year period.  Council notes that for many residents especially the elderly and those with mobility difficulties the conditions on footpaths and pavements were very difficult indeed and led to severe inconvenience, injury and isolation.

 

Bearing in mind these difficulties experienced by thousands of our residents and taxpayers and bearing in mind that resource constraints do not allow for every path to be gritted by council staff, Lancaster City Council requests that the Lancashire County Council take the following actions to reduce these severe problems in the future:

 

  • Provide a comprehensive network of grit bins throughout the district and ensure they are filled before the start of the winter gritting period.

 

  • Put in place arrangements to deal with telephone and e-mail requests to fill the bins on a regular basis during the winter gritting period so that no bin is left empty for more than 24 hours

 

  • Prepare advice on how best to use the gritting supplies and how to keep paths and pavements clear.”

 

 An Officer Briefing Note is attached to the Agenda.

 

Minutes:

(Councillors Brown, Charles, Coates, Fishwick and Hanson declared personal interests in the following item as Members of the County Council.)

 

Further to Minute No. 94, the Mayor advised that notice of the following motion had been given to the Chief Executive in accordance with Council Procedure Rule 15 by Councillors Melanie Forrest, Jude Towers, Morgwn Trolinger and John Whitelegg and had been deferred at the previous meeting:

 

“This council congratulates the hard working staff that undertook gritting operations over the Christmas New Year period.  Council notes that for many residents especially the elderly and those with mobility difficulties the conditions on footpaths and pavements were very difficult indeed and led to severe inconvenience, injury and isolation.

 

Bearing in mind these difficulties experienced by thousands of our residents and taxpayers and bearing in mind that resource constraints do not allow for every path to be gritted by council staff, Lancaster City Council requests that the Lancashire County Council take the following actions to reduce these severe problems in the future:

 

  • Provide a comprehensive network of grit bins throughout the district and ensure they are filled before the start of the winter gritting period.

 

  • Put in place arrangements to deal with telephone and e-mail requests to fill the bins on a regular basis during the winter gritting period so that no bin is left empty for more than 24 hours

 

  • Prepare advice on how best to use the gritting supplies and how to keep paths and pavements clear.”

 

A briefing note setting out background information and the implications for the City Council was provided by the Corporate Director (Community Services), who answered a number of questions prior to the debate.

 

With the agreement of the meeting, the motion was moved by Councillor Forrest and seconded by Councillor John Whitelegg with the addition of a fourth bullet point:

 

  • Obtain written advice from the LGA or Department of Transport on liabilities in the case of accidents and injuries sustained on areas gritted by members of the public.

 

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

 

‘that the County Council also be asked to consider keeping at least one access road and pavements clear in areas of steep streets.’

 

This was seconded by Councillor Bryning and with the agreement of the meeting and her seconder accepted by Councillor Forrest as a friendly amendment.

 

At the conclusion of the debate a vote was taken when many Members voted for the motion, whereupon the Mayor declared the motion clearly carried.

 

Resolved:

 

(1)               That this council congratulates the hard working staff that undertook gritting operations over the Christmas New Year period.  Council notes that for many residents especially the elderly and those with mobility difficulties the conditions on footpaths and pavements were very difficult indeed and led to severe inconvenience, injury and isolation.

 

(2)               That, bearing in mind these difficulties experienced by thousands of our residents and taxpayers and bearing in mind that resource constraints do not allow for every path to be gritted by  ...  view the full minutes text for item 101.

102.

Amendment to the Scheme of Delegation (Applications under the Public Order Act 1986) pdf icon PDF 12 KB

To consider the report of the Monitoring Officer.

Minutes:

Further to Minute No. 94, the Monitoring Officer submitted a report setting out an amendment to the Scheme of Delegation to officers agreed by Cabinet which required a report to Council in accordance with Rule 1.4 of the Cabinet Procedure Rules.

 

The recommendation set out in the report to amend the Constitution accordingly was moved by Councillor Langhorn and seconded by Councillor Blamire.

 

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

 

Resolved:

 

That the Scheme of Delegation in Part 3 Section 15 of the Constitution be amended to reflect the Cabinet delegation to the Chief Executive of authority to make application to the Home Secretary for consent to make an Order under the Public Order Act 1986 in response to an application from the Chief Constable, and to make the appropriate Order following the receipt of the Home Secretary’s consent.

103.

LEADER'S REPORT

The Leader will report on the proceedings since the last meeting of Council.

 

Minutes:

Members were informed that the Leader intended to report on any proceedings since the last Council meeting in presenting the cabinet report on the budget and policy framework later in the meeting (Minute No. 107 refers.)

104.

Notice of Motion - Community Pools pdf icon PDF 10 KB

To consider the following motion, submitted by Councillors Robinson, Sowden and Woodruff:

 

‘This Council considers that the decision to give 12 months notice  to the County Council to terminate the contract to manage the three Community Pools in Heysham, Carnforth and Hornby, is tantamount to the closure of the aforementioned Community Pools.

 

This Council, therefore, resolves that the earmarked savings for the financial years 2011-2012 and 2012-2013 be rescinded and the funding for the three Community Pools restored.’

 

An Officer Briefing Note is attached to the Agenda.

 

 

Minutes:

(Councillors Brown, Charles, Coates, Fishwick and Hanson declared personal interests in the following 2 items as Members of the County Council.   Councillor Fishwick also declared a prejudicial interest in the following two items and left the room during consideration thereof.)

 

The Mayor advised that notice of the following motion had been given to the Chief Executive in accordance with Council Procedure Rule 15 by Councillors Robinson, Sowden and Woodruff:

 

‘This Council considers that the decision to give 12 months notice  to the County Council to terminate the contract to manage the three Community Pools in Heysham, Carnforth and Hornby, is tantamount to the closure of the aforementioned Community Pools.

 

This Council, therefore, resolves that the earmarked savings for the financial years 2011-2012 and 2012-2013 be rescinded and the funding for the three Community Pools restored.’

 

A briefing note setting out background information and the implications for the City Council was provided by the Chief Executive, who answered a number of questions prior to the debate.

 

The motion was then moved by Councillor Robinson and seconded by Councillor Woodruff.

 

There followed a lengthy debate at the conclusion of which a recorded vote was requested in accordance with Council Procedure Rule 19.4.  The votes were recorded as follows:

 

For the motion:

Councillors Susan Bray, Ken Brown, Susie Charles, Jean Dent, Helen Helme, Val Histed, Tony Johnson, Andrew Kay, Roger Mace, Peter Robinson, Bob Roe, Sylvia Rogerson, Keith Sowden, Malcolm Thomas, Peter Williamson and Paul Woodruff. (16)

 

Against the motion:

Councillors Evelyn Archer, June Ashworth, John Barnes, Jon Barry, Eileen Blamire, Abbott Bryning, Keith Budden, Shirley Burns, Anne Chapman, Tina Clifford, John Day, Roger Dennison, Sheila Denwood, Jane Fletcher, Melanie Forrest, Rebekah Gerrard, John Gilbert, Charles Grattan, Mike Greenall, Janice Hanson, Emily Heath, Janie Kirkman, Geoff Knight, Stuart Langhorn, Karen Leytham, Ian McCulloch, Geoff Marsland, Roger Plumb, Joyce Pritchard, Robert Redfern, Ron Sands, Roger Sherlock, Joyce Taylor, Tony Wade, John Whitelegg and Maia Whitelegg. (36)

 

Abstentions:

Councillors Chris Coates, Jude Towers and Morgwn Trolinger. (3)

 

16 Members having voted for the motion, 36 against and 3 abstentions, the Mayor declared the motion lost.

105.

Notice of Motion - Community Pools 2 pdf icon PDF 11 KB

To consider the following motion submitted by Councillors Mace, Thomas and Bray:

 

That Council endorses its policy of participating in the Community Swimming Pools Partnership Agreement with the County Council and resolves to discuss further with the County Council the options offered by the County Council to enable the City Council to make savings conditional upon keeping open the the Community Swimming Pools for Community use."

 

An Officer Briefing Note is attached to the Agenda.

 

 

Minutes:

The Mayor advised of a second motion relating to Community Pools, notice of which had been given to the Chief Executive in accordance with Council Procedure Rule 15 by Councillors Roger Mace, Malcolm Thomas and Susan Bray as follows:

 

That Council endorses its policy of participating in the Community Swimming Pools Partnership Agreement with the County Council and resolves to discuss further with the County Council the options offered by the County Council to enable the City Council to make savings conditional upon keeping open the the Community Swimming Pools for Community use."

 

A briefing note setting out background information and the implications for the City Council was provided by the Chief Executive who answered a number of questions prior to the debate.

 

The motion was then moved by Councillor Mace and seconded by Councillor Thomas.

 

There followed a lengthy debate at the conclusion of which a recorded vote was requested in accordance with Council Procedure Rule 19.4.  The votes were recorded as follows:

 

For the motion:

Councillors Susan Bray, Ken Brown, Anne Chapman, Susie Charles, Jean Dent, Helen Helme, Val Histed, Tony Johnson, Andrew Kay, Roger Mace, Peter Robinson, Bob Roe, Sylvia Rogerson, Keith Sowden, Malcolm Thomas, Jude Towers, Morgwn Trolinger, John Whitelegg, Peter Williamson and Paul Woodruff. (20)

 

Against the motion:

Councillors Evelyn Archer, June Ashworth, John Barnes, Jon Barry, Eileen Blamire, Abbott Bryning, Keith Budden, Shirley Burns, Chris Coates, John Day, Roger Dennison, Sheila Denwood, Jane Fletcher, Melanie Forrest, John Gilbert, Charles Grattan, Mike Greenall, Janice Hanson, Emily Heath, Janie Kirkman, Stuart Langhorn, Karen Leytham, Ian McCulloch, Geoff Marsland, Roger Plumb, Joyce Pritchard, Robert Redfern, Ron Sands, Roger Sherlock, Joyce Taylor, Tony Wade, and Maia Whitelegg. (32)

 

Abstentions:

Councillors Chris Coates and Rebekah Gerrard. (2)

 

20 Members having voted for the motion, 32 against and 2 abstentions, the Mayor declared the motion lost.

 

With the agreement of the meeting the Mayor adjourned at this point for a 15 minute break.

 

Council reconvened at 4.50pm.

 

106.

2010/11 Budget and Policy Framework - Introduction

Minutes:

The Mayor advised that Council may wish to suspend Council Procedure Rule 17.4 at this point prior to consideration of the Cabinet’s Budget report in order to allow an opportunity for representatives of all political groups to present a budget speech in excess of 5 minutes, prior to consideration of the Cabinet recommendations.

 

Suspension of standing orders was moved by Councillor Langhorn and seconded by Councillor Gilbert.  On being put to the vote the Mayor declared the proposition carried.

 

Resolved:-

 

That Council Procedure Rule 17.4 be suspended.

 

Councillors Stuart Langhorn (Liberal Democrat Group), Keith Budden (Independent Group), Eileen Blamire (Labour Group), Jon Barry (Green Group), Roger Mace (Conservative Group) and Paul Woodruff (Free Independent Group) presented their views in turn on the Council’s budget process and the proposals being put forward by Cabinet.

 

Council Procedure Rule 17.4 back in place.

107.

2010/11 Budget and Policy Framework - General Fund Revenue Budget and Capital Programme pdf icon PDF 39 KB

To consider the recommendations of Cabinet from its meeting on 16th February 2010.

 

Appendix A and A (i) are exempt papers which are for information purposes and can be found at the back of the Agenda.

Additional documents:

Minutes:

(Councillors June Ashworth, Eileen Blamire, Susie Charles, Melanie Forrest, Stuart Langhorn, Sylvia Rogerson, Ron Sands and Maia Whitelegg declared prejudicial interests and Councillors Chapman, Heath, Kirkman and Thomas declared personal interests in that part of the following item which related to the funding of the Dukes Theatre.)

 

The Mayor called on the Leader, Councillor Stuart Langhorn to introduce the Cabinet’s Budget and Policy Framework report comprising the current year’s revised budget, Cabinet proposals for the General Fund Revenue Budget and Capital Programme as well as the Medium Term Financial Strategy and Prudential Indicators.

 

He reminded Members that some of the supporting papers included in the agenda and the supplementary reports circulated at the meeting contained exempt information and should anyone wish to refer to the content of these it would be necessary to pass a resolution to exclude the press and public.

 

The Leader then set out the Cabinet budget proposals in some detail and answered a number of questions on the report. 

 

Referring to doubts which had been expressed over the recent decision of Cabinet in respect of Lancaster Market Hall, the proposals put forward by the market tenants and the public opinion in evidence at the meeting, Councillor Langhorn moved an additional recommendation alongside those included in the report which he hoped would allow for alternative proposals for the Market Hall to be reconsidered and brought back to Council before the end of the month, as follows:

 

6 (i)      That Council defers the decision on Lancaster Market and refers it back to Cabinet for urgent decision.

 

   (ii)     That a working group of Cabinet Members nominated by the Leader and reporting to Cabinet, be established to consider all the options available on the market and the business plan from the Market traders.  (Options should be assessed in terms of risk to the Council, sustainability and value for money for the taxpayer.  Cabinet Members should consider the business plan from the existing Market traders, the alternative of a single storey market, alternative market sites and the single trader option.  The working group should be requested to invite evidence from existing market traders, the National Federation of Market Traders and the Chamber of Commerce.)  Cabinet should make a report and recommendations to a Special Council Meeting before the 31 March 2010.

 

 Rationale:

 

Council desires a thriving market in Lancaster.  This will allow Cabinet to carefully consider this issue in the context of the recent proposal from the Market traders and involve those who wish to make a contribution.  It will allow for all alternatives to be tested before being brought for debate at full Council.’

 

He also moved recommendations (1) to (5) as set out in report, with (2) to (4) being amended to take into account (6) above.

 

The recommendations, including (6) above were seconded by Councillor Ashworth.

 

Councillor Barry then moved the following amendments to recommendation (6):

 

(1)        That the words ‘protecting local businesses’ be added after ‘sustainability in (ii),

 

(2)        That the National Association of  ...  view the full minutes text for item 107.

108.

Deferment of Business

Minutes:

In view of the time at this point, the Mayor proposed that Council deal only with those items remaining which could not be delayed and defer the remaining items to the next meeting of Council.  This was agreed with the consent of the meeting.

 

Resolved:

 

That the following items of business be deferred to the next meeting of Council:

 

·         Questions under Council Procedure Rule 12.2

·         Minutes of Cabinet (including those deferred from the meeting in February)

109.

Treasury Management Framework 2010/11 pdf icon PDF 24 KB

To consider the recommendations of Cabinet from its meeting on 16th February 2010.

Additional documents:

Minutes:

Council considered a report of Cabinet which set out various aspects of the Treasury Management Framework for 2010/11 that the Council was required to either formally note or approve by 31 March, in accordance with relevant legislation and/or the Code of Practice for Treasury Management in Local Authorities.

 

The recommendations set out in the report were moved by Councillor Langhorn and seconded by Councillor Barry.

 

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

 

Resolved:

 

(1)               That the updated Code of Practice as reflected in Appendix B to the report be adopted and the Treasury Management Policy Statement as set out in Appendix C to the report be approved.

 

(2)               That the Treasury Management Strategy for the period 2010/11 to 2012/13, incorporating the Investment Strategy and Treasury Management Indicators, as set out in Appendix D to the report, be approved.

110.

Council Tax 2010/11 pdf icon PDF 49 KB

To consider the report of the Head of Financial Services.

Minutes:

Members considered the report of the Head of Financial Services setting out the 2010/11 Council Tax levels for the district, in accordance with the budget proposals approved by

 

 
Council.

 

The recommendations set out in the report were moved by Councillor Langhorn and seconded by Councillor Gilbert.  On being put to the vote, many voted for, few against and there was one abstention, whereupon the Mayor declared the proposition clearly carried.

 

Resolved:

 

(1)               That the total General Fund Revenue Budget Requirement for the financial year 2010/11 be set at £25,268,053.00.  (City Council £24,740,000 plus Parish Precepts £528,053).

 

(2)               That it be noted that, under delegated powers in accordance with the Local Government Act 2003 Section 84, the City Council calculated the following amounts for the year 2010/11 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:

 

(a)   43,400.00 being the amount of its Council Tax Base for the whole District;

 

(b)   17,565.99 being the amount of its Council Tax Base for the non-parished part of the District; and

 

(c)

 
Parish

Tax Base

(c)

 
Parish

Tax Base

Arkholme-with-Cawood

159.95

Over Kellet

349.23

Bolton-le-Sands

1,657.82

Over Wyresdale

119.86

Borwick

91.05

Overton

382.13

Burrow-with-Burrow

87.54

Priest Hutton

93.35

Cantsfield

56.01

Quernmore

231.48

Carnforth

1,760.63

Roeburndale

23.13

Caton-with-Littledale

1,067.62

Scotforth

135.43

Claughton

56.80

Silverdale

797.06

Cockerham

248.03

Slyne-with-Hest

1,338.36

Ellel

940.39

Tatham

208.08

Gressingham

82.48

Thurnham

246.54

Halton-with-Aughton

890.09

Tunstall

63.35

Heaton-with-Oxcliffe

764.72

Warton

900.14

Hornby-with-Farleton

344.10

Wennington

59.85

Ireby and Leck

111.77

Whittington

166.48

Melling-with-Wrayton

150.85

Wray-with-Botton

217.94

Middleton

217.56

Yealand Conyers

108.52

Morecambe Town Council

11,271.25

Yealand Redmayne

154.93

Nether Kellet

279.49

 

 

 

being the amounts of the Council Tax Base for each Parish within the District.

 

(3)               That in accordance with the resolutions of Council on 03 February 2010 (minute numbers 93 and 95 refer) and Section 35 of the Local Government Finance Act 1992, it be noted that there are no expenses to be treated as the Council’s special expenses.

(4)               That the following amounts be now calculated by the City Council for the year 2010/11 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a)    £98,914,653 being the aggregate of the amounts which the City Council estimates for the items set out in Section 32(2)(a) to (e) of the Act.

(b)    £73,646,600 being the aggregate of the amounts which the City Council estimates for the items set out in Section 32(3)(a) to (c) of the Act.

(c)    £25,268,053 being the amount by which the aggregate at 4(a) above exceeds the aggregate at 4(b) above, calculated by the City Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year.

(d)    £16,396,265 being the aggregate of the sums which the City Council estimates will be payable for the year into its General Fund in respect of redistributed Non-Domestic Rates, Revenue Support Grant and Collection Fund balances.

(e)    £204.42 being the amount at 4(c)  ...  view the full minutes text for item 110.