Agenda and minutes

Apologies for absence were received from Councillors Helen Helme, Ronnie Kershaw, Ron Sands, Susan Sykes, Andrew Warriner and John Wild.

The Mayor reminded Members of the sad death of Councillor Chris Leadbetter.

Chris had been elected to serve Carnforth and Millhead ward in May, having previously been a teacher at Our Lady’s Catholic College in Lancaster for 30 years before retiring to concentrate on his work as an examiner in 2002.

Chris was born a Lancastrian but was brought up in Cornwall, returning to Lancashire in 1969 to go to college at St Martins, where he met his wife, Leine.

His funeral took place on 14 October 2015.

Chris will be greatly missed by his family, his friends and his colleagues.

Members stood in a minute’s silence in his memory.

To receive as a correct record the Minutes of the Meeting of the City Council held on 23 September 2015 (previously circulated). 

The minutes of the meeting held on 23 September 2015 were signed by the Mayor as a correct record.

Councillor Hanson declared a personal interest in relation to the report on the Lancaster Business Improvement District (BID) in view of her appointment by Council to the Lancaster BID Management Group.

The Mayor announced that he had accepted an item of urgent business, a notice of motion from Councillor Hughes which related to the Police Funding Formula, but that the motion would be dealt with at the end of the meeting after item 18. The Mayor also announced his intention to deal with item 13, the report regarding the Lancaster BID Renewal – City Council’s Voting Intention before item 8, directly after hearing an address on that issue from a public speaker.

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 Mr Jerry North, Vice-Chairman of the Lancaster Business Improvement District (BID) had registered to address Council in support of the Lancaster BID. His speech was related to item 14 on the agenda (minute 68 refers), Lancaster BID Renewal Ballot - City Council’s Voting Intention.

Mr North spoke in support of the BID. The wording of his address had been previously circulated.

The Mayor thanked Mr. North for speaking to Council and advised that the item in question would be taken next on the agenda.

To consider the report of the Chief Officer (Regeneration and Planning).

(Members please note that the appendix to this report is the colour printed BID document which has been provided separately.)

The Chief Officer (Regeneration and Planning) submitted a report providing information to enable members to take a decision on the Council’s voting entitlement in the ballot of city centre ratepayers in the Business Improvement District (BID) Lancaster.

No questions were raised and Councillor Hughes, seconded by Councillor Brayshaw, proposed:

“(1)   That the council’s voting allocation be used in favour of the Lancaster BID’s Renewal Proposal. 

(2)     That the Chief Officer (Resources) be instructed to complete the ballot papers accordingly and submit them by the end of the ballot period on 25 November.”

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

Resolved:

(1)     That the council’s voting allocation be used in favour of the Lancaster BID’s Renewal Proposal. 

(2)     That the Chief Officer (Resources) be instructed to complete the ballot papers accordingly and submit them by the end of the ballot period on 25 November.

To consider the following motion submitted by Cllrs Tim Hamilton-Cox, Dave Brookes and Caroline Jackson:

“This council notes the presumption of openness expressed in the council's constitution and that reasonable access to information underpins the ability of members to fulfil their duties effectively.

Council also notes the decision by officers following annual council to 'tighten up' on access to information, and that this represents, without reference to full council, a reduction in the scope of members' access to information prevailing in the previous administration (and before).

Council further notes the commentary by the Monitoring Officer in an email to Cllr Brookes dated 31st August (which was copied to the leader and chair of Overview and Scrutiny) that:

'...The legislation and the common law set out “rights” to information – rights which cannot be reduced.  However, my understanding is that if the Council wishes to make exempt Cabinet information available to B&PP members or indeed to all members, it can amend the constitution to allow this – there is nothing to stop it giving members access which goes beyond their legal rights. However, in widening access to such information Council would of course have to recognise that there would be a greater risk of it being passed on, resulting in possible breaches of confidentiality and of the Data Protection Act, and possible prejudice to the Council’s own business and financial interests.'

Weighing this commentary in the balance, this council resolves that:

1) All members should be able to attend all meetings of cabinet and committees for all agenda items as of right, except those involving exempt agenda items concerning individual employees of the council (other than chief officers and the Chief Executive) or individual members of the public;

2) All members should have access to all exempt papers as of right, with the exception of those exempt papers which deal with individual employees of the council (other than chief officers and the Chief Executive) or individual members of the public;

3) All members should have access to both exempt and confidential information on matters concerning their wards, as of right.

4) And that rights to access for members to exempt or confidential information carry proportionate responsibilities about its use.

Council requests that officers bring forward a report which enables the principles on access to information identified in resolutions 1-4 to be incorporated into the constitution and that the report is submitted to December full council for final decision by members.”

An officer briefing note is attached.

Councillor Tim Hamilton-Cox proposed a motion on notice, deferred from the previous Council meeting, seconded by Councillor Brookes.

The Monitoring Officer had prepared a briefing note to accompany the motion on the agenda, setting out the legal background and implications.

In proposing the motion, Councillor Hamilton-Cox thanked the Chief Officer (Governance) for providing a clear briefing note. Councillor Hamilton-Cox wished to recognise the issues identified in the officer briefing note regarding personal data and members’ disclosable pecuniary, or other, interests and asked that these issues be included in the further report to Council.

The motion was worded as follows:-

“This council notes the presumption of openness expressed in the council's constitution and that reasonable access to information underpins the ability of members to fulfil their duties effectively.

Council also notes the decision by officers following annual council to 'tighten up' on access to information, and that this represents, without reference to full council, a reduction in the scope of members' access to information prevailing in the previous administration (and before).

Council further notes the commentary by the Monitoring Officer in an email to Cllr Brookes dated 31st August (which was copied to the leader and chair of Overview and Scrutiny) that:

'...The legislation and the common law set out “rights” to information – rights which cannot be reduced.  However, my understanding is that if the Council wishes to make exempt Cabinet information available to B&PP members or indeed to all members, it can amend the constitution to allow this – there is nothing to stop it giving members access which goes beyond their legal rights. However, in widening access to such information Council would of course have to recognise that there would be a greater risk of it being passed on, resulting in possible breaches of confidentiality and of the Data Protection Act, and possible prejudice to the Council’s own business and financial interests.'

Weighing this commentary in the balance, this council resolves that:

1)           All members should be able to attend all meetings of cabinet and committees for all agenda items as of right, except those involving exempt agenda items concerning individual employees of the council (other than chief officers and the Chief Executive) or individual members of the public;

2)           All members should have access to all exempt papers as of right, with the exception of those exempt papers which deal with individual employees of the council (other than chief officers and the Chief Executive) or individual members of the public;

3)           All members should have access to both exempt and confidential information on matters concerning their wards, as of right.

4)           And that rights to access for members to exempt or confidential information carry proportionate responsibilities about its use.

Council requests that officers bring forward a report which enables the principles on access to information identified in resolutions 1-4 to be incorporated into the constitution and that the report is submitted to December full council for final decision by members.”

A short debate followed before a  ...  view the full minutes text for item 69.

The Leader presented her report updating Members on various issues since her last report to Council. She then responded to a number of questions from Councillors.

Resolved:

That the report be noted.

To consider the report of the Chief Executive.

Council considered the report of the Chief Executive advising members of the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990, for approval, and to make any required adjustments or changes to membership of Committees. The calculation was based on 59 council members, following the death of Councillor Leadbetter.

The Mayor noted that there was a numerical error on the PR List on page 11 of the agenda and a correction sheet had been distributed by Democratic Services with the correct figures. (Erratum sheet attached to these minutes.)

The Chief Officer (Governance) responded to questions from Members before Councillor Brookes, seconded by Councillor Wilkinson, proposed that:

“Recommendations (1) and (2), as set out in the report, be approved.”

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

The adjustments required to memberships were dealt with next. It was noted that the Conservative Group was required to pass one seat on the Overview and Scrutiny grouping and one seat on the Regulatory and Standing Committees of Council grouping to the Labour Group. The Mayor informed Council that the Conservative group had given notice that it wished to offer Councillor Cooper’s seat on the Budget and Performance Panel, and Councillor Sykes’ seat on the Audit Committee to the Labour Group; to appoint Councillor Sykes to the vacant seat on the Licensing Act Committee; to appoint Councillor Gardiner as a substitute member of the Overview and Scrutiny Committee and to replace Councillor Goodrich with Councillor Guilding on the Licensing Regulatory Committee. Councillor Peter Williamson proposed those changes, seconded by Councillor Cooper.

Councillor Leyshon, seconded by Councillor Clifford, nominated Councillor Sherlock for the seat on the Budget and Performance Panel, Councillor Cozler for the seat on the Audit Committee and Councillor Brown as a substitute member of the Budget and Performance Panel.

A vote was taken and all the proposed changes to appointments were approved.

Resolved:

(1)     That 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, the City Council approves the calculations and allocation of seats, as set out in section 3 of the report.

(2)     That the adjustments required to the Grouping of committees, detailed in paragraphs 3.3 and 3.5 of the report, be approved.

(3)     That the following changes be approved:

·        Councillor Cooper from the Conservative group to be replaced on the Budget and Performance Panel with Councillor Sherlock from the Labour group;

·        Councillor Sykes from the Conservative group to be replaced on the Audit Committee with Councillor Cozler from the Labour Group;

·        Councillor Sykes to be appointed to the Conservative group’s vacant place on the Licensing Act Committee;

·        Councillor Gardiner to be appointed as a substitute member of the Overview and Scrutiny Committee;

·        Councillor Guilding to replace Councillor Goodrich on the Licensing Regulatory Committee.

·        Councillor  ...  view the full minutes text for item 71.

To consider the report of the Chief Executive.

A report had been submitted to enable Council to make a decision regarding the Chief Executive post, in view of the current Chief Executive’s intention to retire on 30 June 2016.

It was moved by Councillor Blamire and seconded by Councillor Peter Williamson:

“That recommendation (1), as set out in the report, be approved.”

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

Councillor Blamire then proposed:

“(1)         That the size of the ad hoc Committee be 20 members, with each group deciding individually whether to appoint members from the Personnel or Overview and Scrutiny Committees;

(2)          That Council delegates all practical recruitment arrangements to the ad hoc committee, such as finalising a job description, person specification and advertisement and deciding whether to use a recruitment consultant or not;

(3)          That the ad hoc committee makes a recommendation to Council on the salary of the new Chief Executive, with Council making the final decision.”

Councillor Leyshon seconded the proposition.

Councillor Peter Williamson, seconded by Councillor Goodrich, proposed an amendment to the first phrase in the proposition, regarding the size of the ad hoc committee:

“That the size of the ad hoc Committee be 9 members.”

There was a debate on the amendment before a vote was taken and the amendment was clearly lost.

After further debate, a vote was taken on the substantive motion, which was clearly carried.

At this point the Mayor informed Council that it could either take nominations and appoint a Chairman for the ad hoc Committee next, or choose to delegate the appointment of a Chairman to the ad hoc Committee.

Councillor Hanson nominated Councillor Blamire for Chairman of the ad hoc Committee, seconded by Councillor Ashworth and Councillor Charles nominated Councillor Phillippa Williamson, seconded by Councillor Mace. Votes were taken and, with 29 votes for Councillor Blamire and 16 votes for Councillor Phillippa Williamson, Councillor Blamire was appointed as Chairman of the ad hoc Committee.

The Mayor asked all groups to notify Democratic Services of the names of members they wished to appoint to the ad hoc Committee on or before Wednesday 28 October 2015.

Resolved:

(1)          That Council accepts the resolution of Personnel Committee, to retain a whole time Chief Executive post.

(2)          That the size of the ad hoc committee be 20 members, with each group deciding individually whether to appoint members from the Personnel or Overview and Scrutiny Committees;

(3)          That Council delegates all practical recruitment arrangements to the ad hoc committee, such as finalising a job description, person specification and advertisement and deciding whether to use a recruitment consultant or not.

(4)          That the ad hoc committee makes a recommendation to Council on the salary of the new Chief Executive, with Council making the final decision.

(5)          That Councillor Blamire be appointed as Chairman of the ad hoc recruitment committee.

To consider the report of the Chief Officer (Resources)

The Chief Officer (Resources) submitted a report seeking Council’s direction on whether the existing Localised Council Tax Support (LCTS) Scheme for the district should be retained for next year, or whether alternative options should be developed for consideration at a subsequent Council meeting.

The Chief Officer (Resources) responded to a number of questions from Councillors.

Councillor Hall, seconded by Councillor Atkinson, proposed:

“(1)    That option 1 of the report, to retain the Council’s existing LCTS for application in 2016/17, be approved.”

There was a lengthy debate before a vote was then taken on the proposition, which was carried.

Councillor Hall, seconded by Councillor Atkinson, then proposed:

“That recommendation (2), as set out in the report, be approved.”

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

Resolved:

(1)     That option 1 of the report, to retain the Council’s existing LCTS for application in 2016/17, be approved.

(2)     That the Chief Officer (Resources) be authorised to finalise and publish the Council’s adopted scheme for 2016/17 and make all other necessary arrangements for its implementation in the next financial year.

To consider the report of the Chief Officer (Governance)

Council considered a report of the Chief Officer (Governance) seeking Council’s approval for amendments to the Pay Policy Statement for 2015/16. The amendments were necessary as a result of adopting the Living Wage.  It was noted that there was an error on the table showing employee pension contribution rates in the Pay Policy (page 67 of the agenda), where  the words “Over - £15,000” should have been printed as “Over - £150,000”.

The Chief Officer (Governance) responded to questions from Councillors.

Councillor Smith, seconded by Councillor Leyshon, proposed:

“(1)    That the amendments to the Council’s Pay Policy Statement for 2015/16, as set out in Appendix 1 of the report, be approved.”

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

Resolved:

(1)     That the amendments to the Council’s Pay Policy Statement for 2015/16, as set out in Appendix 1 of the report, be approved.

The Chief Officer (Governance) submitted a report giving notice of amendments made by the Leader to the Scheme of Delegation to Officers, and responded to questions.

Resolved:

That the report be noted.

To consider the report of the Leader.

In accordance with Rule 1.2 of the Cabinet Procedure rules, the Leader of the Council formally reported to Council that an additional responsibility had been added to Councillor Hanson’s portfolio, the responsibility for Rural Areas.

Resolved:

That the report be noted.

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. 

The Mayor advised that four questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)        Councillor Caroline Jackson to Councillor Leytham regarding solar panels on council houses.

(2)        Councillor Caroline Jackson to Councillor Leytham regarding buying back former council housing.

(3)        Councillor Hamilton-Cox to Councillor Hanson regarding evidence for the number of jobs created as compared to those forecast in the Lancaster Market Housing Assessment (LMHA) 2015 

(4)        Councillor Hamilton-Cox to Councillor Hanson regarding the reliability of the jobs forecast in the LMHA.

Details of the questions and answers together with any supplementary questions and responses are appended to the minutes.

To receive the Minutes of the meeting of Cabinet held on 6^th October 2015. 

Council considered the Cabinet minutes of the meeting held on 6 October 2015.

Resolved:

That the minutes be noted.

The following motion had been accepted as urgent business by the Mayor and was moved by Councillor Hughes and seconded by Councillor Clifford:-

“This Council requests that the Leader/ Chief Executive of Lancaster City Council write to the Home Secretary in response to the police Funding Formula consultation to express concern at the proposed 13% reduction in police funding for Lancashire Constabulary. 

Further, all group leaders are requested to lobby MPs and government ministers during this consultation period to ensure that the impact of these funding proposals is fully understood as to their impact in Lancashire.

13% equates to a reduction of a further £24.8million on top of the £74m already identified of which £63m has already been taken out.  Lancashire has been recognised as an outstanding police force by government inspectors and praised for their efficiency, yet, in spite of this they face seeing the biggest reduction in their budget of any force in the country - outside of London.    

In addition the Comprehensive spending Review (CSR) next month is expected to have an additional impact of circa 25% to 40% on government funding.

Taking the funding formula reductions along with the worst case scenario CSR reduction, this will mean that since 2009/10 through to 2020/21 Lancashire Constabulary will have had its grant cut by up £161m per annum - approximately halving their police budget.

Implementation of the Funding Formula proposals along with the forthcoming CSR will have a devastating effect on policing in Lancashire and may risk the viability of the service and put the people of Lancashire at risk.  This is not acceptable and needs to be reversed.”

An officer briefing note accompanied the motion. For Members’ information, a letter from the Minister of State for Policing, Crime, Criminal Justice and Victims to Police and Crime Commissioners and Chief Constables had also been circulated.

After the first contribution to the debate from Councillor Peter Williamson, the Conservative group members left the Council Chamber. The debate continued until Councillor Whitaker, seconded by Councillor Pattison, proposed an addendum:

“That our disgust at the behaviour of the Conservative Group for leaving the Chamber, be noted. It is an insult to democracy and the constituents they represent.”

The wording was accepted as a friendly addendum by the proposer and seconder of the original motion.

Debate continued for some time before a vote was taken on the proposition, which was clearly carried.

Resolved:

This Council requests:

(1)          That the Leader/ Chief Executive of Lancaster City Council write to the Home Secretary in response to the police Funding Formula consultation to express concern at the proposed 13% reduction in police funding for Lancashire Constabulary. 

(2)          Further, all group leaders are requested to lobby MPs and government ministers during this consultation period to ensure that the impact of these funding proposals is fully understood as to their impact in Lancashire.

  13% equates to a reduction of a further £24.8million on top of the £74m already identified of which £63m has already been  ...  view the full minutes text for item 79.