Agenda and minutes

Council - Wednesday, 15th April 2015 2.00 p.m.

Venue: Morecambe Town Hall

Contact: Debbie Chambers, Democratic Services - telephone (01524) 582057 or email  dchambers@lancaster.gov.uk 

Items
No. Item

117.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Shirley Burns, Kathleen Graham, David Kerr, Janet Hall, Vikki Singleton and Susan Sykes.

118.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 4 March 2015, (previously circulated). 

Minutes:

The minutes of the meeting held on 4 March 2015 were signed by the Mayor as a correct record.

119.

DECLARATIONS OF INTEREST

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 10 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. 

 

Minutes:

Members advised of the following interests at this stage:

 

Councillor Brookes declared a disclosable pecuniary interest in relation to the motion regarding Lancaster University on-campus rents in view of his wife’s employment;  Councillor Mills declared a similar interest in respect of her husband’s employment and Councillor Metcalfe in respect of her partner’s employment.  (Minute No.130 refers.)

 

Councillor Margaret Pattison declared a personal in interest as a Council appointed member of the Court of Lancaster University. (Minute No.130 refers.)

 

Councillor Pickles declared a disclosable pecuniary interest in relation to the motion regarding Lancaster University on-campus rents in view of her employment. (Minute No.130 refers.)

 

Councillor Dixon declared a personal interest as a student of the University and as a Council appointed member of the Court of Lancaster University. (Minute No.130 refers.)

 

Councillor Knight declared a disclosable pecuniary interest in relation to the motion regarding Lancaster University on-campus rents in view of his wife’s employment. (Minute No.130 refers.)

 

Councillor Ashworth declared a personal interest as member of the Happy Mount Park project group. (Minute No.129 refers.)

 

Councillor Parkinson declared a disclosable pecuniary interest in relation to the motion regarding Lancaster University on-campus rents, being a landlord of a student property. (Minute No. 130 refers.)

 

Councillor Hamilton-Cox declared a disclosable pecuniary interest in relation to the motion regarding Lancaster University on-campus rents in view of his wife’s employment. (Minute No. 130 refers.)

120.

ANNOUNCEMENTS

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

Minutes:

The Mayor thanked all Members who would not be standing for re-election on 7 May 2015 for their contribution to the Council during their years as Councillors and wished them well for the future.

121.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 12

To receive questions in accordance with the provisions of Council Procedure Rules 12.1 and 12.3 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:

122.

PETITIONS AND ADDRESSES

To receive any petitions and/or addresses from members of the public which have been notified to the Chief Executive in accordance with the Council's Constitution. 

Minutes:

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

123.

LEADER'S REPORT pdf icon PDF 80 KB

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

Minutes:

124.

Mayor's Annual Report pdf icon PDF 54 KB

To receive the Annual Report of the Mayor.

Minutes:

In accordance with Article 5.02(g) of the Constitution, the Mayor presented her Annual Report for 2014/15. 

 

Resolved:

 

That the Mayor’s Annual Report for 2014/15 be noted.

125.

Executive Annual Report pdf icon PDF 115 KB

To receive the Executive Annual Report containing the Business Progress Reports of the Leader and each Cabinet Member in accordance with Article 7.06 (j).

 

Whilst the Executive Annual Report will be published as a separate document in due course, the reports of individual Cabinet Members are included in this agenda and will be presented at the meeting.

Additional documents:

Minutes:

During the course of this item when questioning Councillor Sands about the City Museum, Councillor Mace declared a personal interest as the Chairman of the Friends of Lancaster City Museum.

 

In accordance with Article 7.06(k), the Leader and each Member of Cabinet had produced a written progress report for 2014/15. 

 

The Leader presented her annual report and responded to questions.

 

Councillors Barry, Bryning, Hamilton-Cox, Hanson, Leytham, Sands and David Smith then presented their reports. Councillors Barry, Bryning, Leytham and Sands replied to questions put to them by Councillors.

 

Resolved:

 

That the 2014/15 Annual Reports of Cabinet Members Councillors Blamire, Barry, Bryning, Hamilton-Cox, Hanson, Leytham, Sands and David Smith be noted.

126.

Overview and Scrutiny Annual Report pdf icon PDF 3 MB

To receive the annual report of Overview and Scrutiny.

Minutes:

In accordance with Article 6.03(c) the Overview and Scrutiny Annual Report for 2014/15 had been published and was presented to Council by the Chairman, Councillor Ashworth.

 

Resolved:

 

That the Overview & Scrutiny Annual Report 2014/15 be noted.

127.

Audit Annual Report pdf icon PDF 135 KB

To receive the annual report of the Audit Committee.

Minutes:

In accordance with Section 8.13 of Part 3 of the Council’s Constitution, the Chairman, Councillor Malcolm Thomas, presented the 2014/15 Annual Report of the Audit Committee.

 

Resolved:

 

That the 2014/15 Annual Report of the Audit Committee be noted.  

128.

Member Champions' annual report pdf icon PDF 237 KB

To receive the annual reports of the Council’s Member Champions for Older People, Children and Young People and Veterans.

 

Additional documents:

Minutes:

In accordance with Part 6, Section 5 of the Constitution, annual reports were presented to Council by the Member Champions: Councillor Taylor (Champion for Young People); Councillor Margaret Pattison (Champion for Older People) and Councillor Scott (Veterans’ Champion).

 

Resolved:

 

That the Member Champions’ Annual Reports for 2014/15 be noted.

 

129.

NOTICE OF MOTION - HAPPY MOUNT PARK pdf icon PDF 48 KB

To consider the following motion submitted by Councillor Roger Dennison and Councillor Caroline Jackson:

 

There are problems arising from the occasional situation of the gates of Happy Mount Park not being locked at night.

 

This has resulted in cars driving in, and youths congregating inside, with the possibility of accidents and vandalism.

 

Proposal:

 

This council agrees to request officers to develop a contingency plan for the locking of H.M.P. gates each evening at dusk. This contingency plan should include the resources of the friends group.

 

An officer briefing note is attached.

 

Minutes:

The following motion of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Dennison and seconded by Councillor Caroline Jackson:-

 

There are problems arising from the occasional situation of the gates of Happy Mount Park not being locked at night.

 

This has resulted in cars driving in, and youths congregating inside, with the possibility of accidents and vandalism.

 

Proposal:

 

This council agrees to request officers to develop a contingency plan for the locking of H.M.P. gates each evening at dusk. This contingency plan should include the resources of the friends group."

 

An officer briefing note to aid the debate had been included in the agenda. An email from an officer in the Neighbourhood Policing Team of Lancashire Constabulary to Councillor Dennison was also circulated at the meeting. The Chief Executive responded to questions relating to the briefing note and the crime statistics quoted in the email.

 

An amendment to the motion was moved by Councillor David Smith:

 

“That the word ‘include’ in the proposal be changed to ‘consider’.”

 

Councillor Hanson seconded the amendment and, with the agreement of his seconder, Councillor Dennison accepted this as a friendly amendment.

 

At the conclusion of the debate a vote was taken and the motion was clearly carried.

 

Resolved:-

 

There are problems arising from the occasional situation of the gates of Happy Mount Park not being locked at night.

 

This has resulted in cars driving in, and youths congregating inside, with the possibility of accidents and vandalism.

 

This council agrees to request officers to develop a contingency plan for the locking of H.M.P. gates each evening at dusk. This contingency plan should consider the resources of the friends group.

130.

NOTICE OF MOTION - lancaster university on-campus rents pdf icon PDF 33 KB

To consider the following motion submitted by Councillors Filmore, Kay, Brookes and Barry:

 

This council notes:

 

1.           Lancaster University intends to increase on-campus rents by 2.5% and international and postgraduate tuition fees by 5%.

2.           These increases come at a time when the University is running a substantial budget surplus.

3.           The Court of Lancaster University recently voted against the increases.

4.           The average on-campus rent advertised for 2015/16 is approx. £109 per week for a single room in shared accommodation.

5.           This let is equivalent to 76% of the maximum student maintenance loan, leaving some students dependant on their parents or part-time jobs to meet their basic living costs.

6.           The local housing allowance rate for a single bedroom in a shared house is approx. £55 per week, almost half the average rent on campus.

 

This council believes:

 

1.           Students make an important contribution to the prosperity of Lancaster and the district.

2.           That above inflation increases in rent and fees will cause some students considerable financial hardship.

3.           That the financial wellbeing of students is inextricably linked to the economic wellbeing of the district.

4.           That in the spirit of the university’s motto – 'truth lies open to all' – education at Lancaster University should be accessible for everyone.

 

This council resolves:

 

To write to the Vice Chancellor of Lancaster University, expressing serious concern regarding the proposed fee and rent increases, and ask what the University is doing to ensure students from unprivileged backgrounds are able to afford their studies.

 

An officer briefing note is attached.

 

 

Minutes:

Members who had declared a disclosable pecuniary interest in this report earlier in the meeting left the Council Chamber at this point, as did Councillor Margaret Pattison. (Minute no. 119 refers.)

 

Councillor Blamire declared a personal interest as a Council appointed member of the Court of Lancaster University.

 

Councillor Filmore proposed the following motion having given the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

 

“This council notes:

 

1.           Lancaster University intends to increase on-campus rents by 2.5% and international and postgraduate tuition fees by 5%.

2.           These increases come at a time when the University is running a substantial budget surplus.

3.           The Court of Lancaster University recently voted against the increases.

4.           The average on-campus rent advertised for 2015/16 is approx. £109 per week for a single room in shared accommodation.

5.           This let is equivalent to 76% of the maximum student maintenance loan, leaving some students dependant on their parents or part-time jobs to meet their basic living costs.

6.           The local housing allowance rate for a single bedroom in a shared house is approx. £55 per week, almost half the average rent on campus.

 

This council believes:

 

1.           Students make an important contribution to the prosperity of Lancaster and the district.

2.           That above inflation increases in rent and fees will cause some students considerable financial hardship.

3.           That the financial wellbeing of students is inextricably linked to the economic wellbeing of the district.

4.           That in the spirit of the university’s motto – 'truth lies open to all' – education at Lancaster University should be accessible for everyone.

 

This council resolves:

 

To write to the Vice Chancellor of Lancaster University, expressing serious concern regarding the proposed fee and rent increases, and ask what the University is doing to ensure students from unprivileged backgrounds are able to afford their studies.”

 

Councillor Kay seconded the motion.

 

There was a lengthy debate on the proposal before a vote was taken and the motion was clearly carried.

 

Resolved:-

 

This council notes:

 

1.           Lancaster University intends to increase on-campus rents by 2.5% and international and postgraduate tuition fees by 5%.

2.           These increases come at a time when the University is running a substantial budget surplus.

3.           The Court of Lancaster University recently voted against the increases.

4.           The average on-campus rent advertised for 2015/16 is approx. £109 per week for a single room in shared accommodation.

5.           This let is equivalent to 76% of the maximum student maintenance loan, leaving some students dependant on their parents or part-time jobs to meet their basic living costs.

6.           The local housing allowance rate for a single bedroom in a shared house is approx. £55 per week, almost half the average rent on campus.

 

This council believes:

 

1.           Students make an important contribution to the prosperity of Lancaster and the district.

2.           That above inflation increases in rent and fees will cause some students considerable financial hardship.

3.           That the financial wellbeing of students is inextricably linked  ...  view the full minutes text for item 130.

131.

Term of Office of the Leader pdf icon PDF 87 KB

To consider the report of the Monitoring Officer.

Minutes:

Council considered a report of the Monitoring Officer which explained that an amendment to the Local Government Act 2000 now allowed local authorities to choose to appoint a leader annually, rather than for a full four year term, as had previously been the case.

 

The Monitoring Officer responded to Members’ questions about the report.

 

Councillor Newman-Thompson, seconded by Councillor Dennison, proposed:

 

“(1)         That a decision on the term of office of the Leader be deferred until the Annual Business Council meeting on 26 May 2015.”

 

The proposal was put to the vote and was clearly carried.

 

Resolved:

 

(1)          That a decision on the term of office of the Leader be deferred until the Annual Business Council meeting on 26 May 2015.

132.

Constitution: Appeals Committee's Terms of Reference pdf icon PDF 102 KB

To consider the report of the Monitoring Officer.

Minutes:

The Monitoring Officer submitted a report requesting Council to consider a change to the terms of reference for the Appeals Committee and responded to Members’ questions.

 

Councillor Mace proposed, seconded by Councillor Dennison:

 

“That the terms of reference of the Appeals Committee be amended under ‘Composition of the Appeals Committee’ as follows:

 

“Members of the Planning and Highways Regulatory Committee must not sit on the Appeals Committee to decide formal objections to Tree Preservation Orders if they have previously considered a directly related planning application.””

 

After a short debate, a vote was taken and the proposition was clearly carried.

 

Resolved:

 

That the terms of reference of the Appeals Committee be amended under ‘Composition of the Appeals Committee’ as follows:

 

“Members of the Planning and Highways Regulatory Committee must not sit on the Appeals Committee to decide formal objections to Tree Preservation Orders if they have previously considered a directly related planning application.”

133.

Appointment of Mayor's Sergeant pdf icon PDF 80 KB

To consider the report of the Chief Officer (Governance).

Minutes:

Council considered a report of the Chief Officer (Governance) recommending an appointment to the vacant post of Mayor’s Sergeant.

 

Councillor Blamire proposed, seconded by Councillor Barry:

 

“That the Council’s Senior Democratic Support Officer, Peter Baines, be appointed Mayor’s Sergeant.”

 

Councillor Dennison further proposed:

 

“That there be a vote of thanks to the previous incumbent, Jenny Kay.”

 

The Mayor seconded the proposal.

 

There was no debate and the proposals were clearly carried when put to the vote.

 

Resolved:

 

(1)          That the Council’s Senior Democratic Support Officer, Peter Baines, be appointed Mayor’s Sergeant.

 

(2)          That there be a vote of thanks to the previous incumbent, Jenny Kay.

134.

QUESTIONS UNDER COUNCIL PROCEDURE RULE 13.2 pdf icon PDF 143 KB

To receive questions in accordance with the provisions of Council Procedure Rules 13.2 and 13.4 which require a Member to give at least 3 working days’ notice, in writing, of the question to the Chief Executive. 

Minutes:

The Mayor advised that two questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows. Both questions were from Councillor Mace to Councillor Blamire.

 

Details of the questions and answers are appended to the minutes.