Agenda and minutes

There were no apologies for absence.

To receive as a correct record the Minutes of the Meeting of the City Council held on 3 February 2016 (previously circulated). 

The minutes of the meeting held on 3 February 2016 were signed by the Mayor as a correct record subject to the correction of an error on minute 128; the seconder being Councillor Whitehead, not Councillor Warriner.

Councillor Novell declared a disclosable pecuniary interest in relation to Marsh Community Centre referred to in the Budget and Policy Framework update report, Housing Revenue Account, as the Manager of the Centre.

The Mayor reminded Members of the sad death of Councillor George Askew.

George had been elected to the Carnforth and Millhead ward in November 2015 and passed away suddenly on Saturday 13 February.  George would be sadly missed by his fiancé, father, brother, sister and many friends.

The Mayor reminded Members of the recent death of Councillor Richard Newman-Thompson. Richard passed away in the early hours of Monday 22^nd February after a long illness. He was elected to represent the John O’Gaunt Ward on the City Council in May 2011 but had previously served on the Council from 1995 to 1999 when he met his wife Rose. Rose sadly passed away in March 2014. He left behind his sister Helen.

The Mayor informed Council of the death of former Councillor Ivor H Thompson in Leicester.  Ivor was Deputy-Mayor in 1998-99.

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

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.

To consider the following motion submitted by Cllrs Rob Devey, Cllrs David Whitaker, Richard Newman-Thompson, Colin Hartley and Karen Leytham:

This council:

·        Expresses its thanks to everyone involved in the response to December’s floods, including the emergency services, businesses, council officers and members of the community.

·        Welcomes the efforts currently underway by the council to assist in identifying what improvements can be made to help prevent the flooding and power cuts experienced in the Lancaster district in December from happening again – and asks officers for an overview of these and a further update by July.

·        Affirms this council’s commitment to continuing to work with lead flood authority Lancashire County Council, the Environment Agency and other agencies to secure funding for the necessary improvements.

·        Agrees that flood defences should be designed to cope with much greater unprecedented volumes of rainfall given the evidence of new volatility in British weather conditions.

·        Recognises that investment to prevent flooding in the first place is a better use of taxpayers money than the huge financial and human costs involved in dealing with the aftermath of flooding.

·        Urges the Government to ensure that necessary funding is provided to implement recommended improvements to flood defences in the Lancaster district.

An officer briefing note is attached.

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

“This Council:

·                         Expresses its thanks to everyone involved in the response to December’s floods, including the emergency services, businesses, council officers and members of the community.

·                         Welcomes the efforts currently underway by the council to assist in identifying what improvements can be made to help prevent the flooding and power cuts experienced in the Lancaster district in December from happening again – and asks officers for an overview of these and a further update by July.

·                         Affirms this council’s commitment to continuing to work with lead flood authority Lancashire County Council, the Environment Agency and other agencies to secure funding for the necessary improvements.

·                         Agrees that flood defences should be designed to cope with much greater unprecedented volumes of rainfall given the evidence of new volatility in British weather conditions.

·                         Recognises that investment to prevent flooding in the first place is a better use of taxpayers money than the huge financial and human costs involved in dealing with the aftermath of flooding.

·                         Urges the Government to ensure that necessary funding is provided to implement recommended improvements to flood defences in the Lancaster district.”

An officer briefing note had been supplied to assist Councillors.

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

Resolved:-

(1)          This Council:

·                         Expresses its thanks to everyone involved in the response to December’s floods, including the emergency services, businesses, council officers and members of the community.

·                         Welcomes the efforts currently underway by the council to assist in identifying what improvements can be made to help prevent the flooding and power cuts experienced in the Lancaster district in December from happening again – and asks officers for an overview of these and a further update by July.

·                         Affirms this council’s commitment to continuing to work with lead flood authority Lancashire County Council, the Environment Agency and other agencies to secure funding for the necessary improvements.

·                         Agrees that flood defences should be designed to cope with much greater unprecedented volumes of rainfall given the evidence of new volatility in British weather conditions.

·                         Recognises that investment to prevent flooding in the first place is a better use of taxpayers money than the huge financial and human costs involved in dealing with the aftermath of flooding.

·                         Urges the Government to ensure that necessary funding is provided to implement recommended improvements to flood defences in the Lancaster district.

To appoint a Mayor Elect to be put forward for election by the City Council in May 2016, for the municipal year 2016/17.

The Chief Executive advised that he had contacted Councillor Robert Redfern, being the most senior Member of the City Council, who had indicated that he would be happy to accept the office of Mayor if offered by the Council.

It was then moved by Councillor Sherlock and seconded by Councillor Ashworth:

“That Councillor Robert Redfern be invited to hold the office of Mayor of the City of Lancaster for the Municipal Year 2016/17.”

A vote was taken on the motion which was carried unanimously.

Resolved unanimously:

(1)       That Councillor Robert Redfern be invited to hold the office of Mayor of the City of Lancaster for the Municipal Year 2016/17.

Report of the Monitoring Officer.

The Monitoring Officer submitted a report requesting Council to approve amendments to Part 3 Section 2 of the Constitution.

Councillor Blamire proposed, seconded by Councillor Leyshon:

“That Part 3 Section 2 of the Constitution be replaced with the revised version appended to the report.”

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

Resolved:

(1)          That Part 3 Section 2 of the Constitution be replaced with the revised version appended to the report.

The Leader presented her report updating Members on various issues since her last report to Council and responded to a question from a Member.

Resolved:

That the report be noted. 

Report of Cabinet (to follow).

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 Blamire proposed, seconded by Councillor Whitehead:

“That recommendations (1) & (2), as set out in the supplementary report, be approved.”

By way of an amendment to recommendation (2), Councillor Mace proposed, and Councillor Wilkinson seconded:

“This Council recognises that a £5 million investment in Salt Ayre is the largest single investment this council will likely make in the next 10 years.

This Council acknowledges that officers have noted that Cabinet were only consulted on the proposed Salt Ayre development at two Cabinet meetings with a 2 year gap between these two meetings.

These dates were:

21st January 2014 - Cabinet meeting

19th January 2016 - Cabinet meeting

Members have been presented with a business case for Salt Ayre which does not include:

- Any measurable objectives outlining what benefit the District will receive by investing £5 million in Salt Ayre or any reasons why the council should be undertaking this project

- A robust financial appraisal of the proposed option which takes into account the life of the asset compared to the estimated income over the life of the asset (therefore council are not able to say whether the £5 million will ever be paid back)

- A robust options appraisal taking into account other methods of delivering the presumed objectives for the investment

Members therefore do not have the correct information to make an informed decision on the investment in Salt Ayre.

This council therefore agrees that best practice should be followed when investing tax payers money and that a business case should be brought back to full council as soon as possible (so as not to delay the project). The business case should include:

·                     Clear and measurable objectives for the project

·                     A robust appraisal of the options available to deliver the objectives (including alternatives)

·                    A robust financial appraisal which clearly sets out the full cost over the life of the project against the estimated income to be received

Council therefore asks that if necessary to give effect to this amendment, the Salt Ayre project be removed from the budget and the use of reserves amended accordingly, pending consideration of the full business case by Council.”

The Chief Officer (Resources) and Chief Officer (Health & Housing) responded to questions.  There was a lengthy debate and at the conclusion of the debate Members voted on the amendment and it was lost.

Councillor Hamilton-Cox proposed and Councillor Brookes seconded:

“That the amendment on Salt Ayre be revised with the deletion of the second bullet point ‘a robust appraisal of the options available to deliver the objectives (including alternatives)’ and a report back to full Council on 23rd March 2016.”

At the request of Councillor Clifford the Mayor agreed to a brief adjournment at  ...  view the full minutes text for item 141.

Report of Cabinet

Councillor Blamire introduced the report of Cabinet on the Treasury Management Strategy 2016/17.  The report sought Council’s approval for the Council’s Treasury Management Framework for 2016/17, including all the various elements as required under relevant legislation and the associated Code of Practice.

Members asked questions and the Chief Officer (Resources) responded.

Councillor Whitehead proposed, seconded by Councillor Blamire:

“That the Treasury Management Framework and associated Prudential Indicators, as set out in Appendices A to C of the report, be approved.”

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

Resolved:

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

Report of the Chief Officer (Resources).

Council considered a report submitted by the Chief Officer (Resources) regarding Council Tax 2016/17.  The report sought Council’s approval for the 2016/17 council tax rates for the district.

Councillor Whitehead proposed, seconded by Councillor Blamire:

“That the recommendations, as set out in the report, be approved.”

There was no debate.  A vote was taken and the motion was 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 2016/17, 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)  39,700.00 being the amount of its council tax base for the whole district [item T in the formula in section 31B of the Act];

(b) 

(c)    

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 2016/17 in accordance with Sections 31 to 36 of the Act, as amended by the Localism Act 2011:

(a)   £138,791,592.45 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)   £129,950,107.00 being the aggregate of the amounts which the City Council estimates for the items set out in Section 31A(3) of the Act;

(c)   £8,841,485.45 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)   £545,485.45 being the aggregate amount of all special items (parish precepts) referred to in Section 34(1) of the Act;

(e)   £8,296,000.00 being the council tax requirement for the Council’s own purposes for 2016/17 (excluding parish precepts);

(f)    £222.71 being the amount at 3(c) above [Item R], all divided by the amount at 1(a) above [Item T], calculated by the City  ...  view the full minutes text for item 143.

To note the report of the Leader.

The Leader reported that Councillor Anne Whitehead had been appointed to the Cabinet, with special responsibility for Finance, Revenues and Benefits following the sad death of Councillor Richard Newman-Thompson. 

The report was submitted in accordance with Rule 1.2 of the Cabinet Procedure Rules.

Resolved:

That the report be noted.

Report of the Monitoring Officer.

Council considered a report submitted by the Monitoring Officer which recommended the appointment of independent persons in accordance with the Localism Act 2011.

Councillor Hartley proposed, Councillor Leyshon seconded:

“That the recommendation, 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 Jacqueline Waring be appointed as the lead Independent Person and Gerald Callen as the deputy Independent Person, and that it be noted that David Jordison remain as a reserve Independent Person.

Report of the HR and OD Manager (to follow).

The Chief Officer (Governance) submitted a report to enable Council to approve its Pay Policy Statement for 2016/17, which was appended to the supplementary report.

Councillor Scott proposed:

“That the Pay Policy Statement for 2016/17, as set out in Appendix 1 of the supplementary report, be approved.”

The motion was seconded by Councillor Atkinson.  There was no debate and the proposition was clearly carried when put to the vote.

Resolved:

(1)          That the Pay Policy Statement for 2016/17, as set out in Appendix 1 of the supplementary report, be approved.

Report of Chief Officer (Governance).

Council received a report submitted by the Chief Officer (Governance) to enable Council to consider the basis of any appointment to the Yorkshire Dales National Park Authority. 

Councillor Smith proposed:

“That the basis of appointment be by virtue of role as Cabinet Member for Rural Affairs and that the appointment be referred to Cabinet.”

Members voted on the proposition and the Major declared the proposition to be carried.

Resolved:

(1)           That the basis of appointment be by virtue of role as Cabinet Member for Rural Affairs and that the appointment be referred to Cabinet.

To approve any changes to committee memberships.

The Mayor requested group administrators to confirm any changes to Committee Membership.  Councillor Phillippa Williamson advised that Councillor Helme would be replacing Councillor Sykes on the Chief Executive Recruitment Committee with Councillor Peter Williamson appointed to the Conservative group vacancy on the Audit Committee.

Councillor Leyshon advised that Councillor Sherlock would replace Councillor Whitehead on Budget & Performance Panel. Councillor Brayshaw would be a substitute on the Personnel Committee, Councillor Bryning would be a substitute on the Planning Committee and the Labour group substitute on the Standards Committee would be confirmed at the next Council Business Committee meeting.

Resolved:

(1)          That Councillor Helme replace Councillor Sykes on the Chief Executive Recruitment Committee.

(2)          That Councillor Peter Williamson be appointed to the Audit Committee.

(3)          That Councillor Sherlock replace Councillor Whitehead on the Budget & Performance Panel.

(4)          That Councillor Brayshaw be appointed as a substitute on the Personnel Committee, Councillor Bryning be appointed as a substitute on the Planning Committee and the Labour group substitute on the Standards Committee be confirmed at the next Council Business Committee meeting.

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 and that, in view of the time, written answers to these questions would be circulated by email to all Councillors by Democratic Services.

To receive the Minutes of Meeting of Cabinet held on 16 February 2016. 

Council considered the Cabinet minutes of the meeting held on 16 February 2016.

Resolved:

That the minutes be noted.