Agenda and minutes

Council - Wednesday, 13th April 2016 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047 or email  ebateson@lancaster.gov.uk 

Items
No. Item

160.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Dave Brookes, Helen Helme and Nicholas Wilkinson.  Apologies were received from Councillors Stuart Bateson, Tracy Brown, Brett Cooper, Mel Guilding, Tim Hamilton-Cox, Sylvia Rogerson, Ron Sands, Liz Scott and Malcolm Thomas for the reconvened meeting on 27th April.  Councillor Sykes having declared an interest in the item being considered at the adjourned meeting was not present when the meeting reconvened.

 

161.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 23 March 2016 (previously circulated). 

Minutes:

The minutes of the meeting held on 23rd March 2016 were signed by the Mayor as a correct record.

 

162.

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:

 

The following Councillors declared interests in relation to Morecambe Business Improvement District (BID) Ballot:  Councillor Gardiner in view of having a shop in the West End of Morecambe, Councillor Cooper in view of having a shop in Morecambe and Councillor Hughes as Chairman of the Morecambe BID (Minute 166 refers).

 

Councillor Sykes declared an interest in relation to Morecambe Football Club in view of her brother being a Director and Vice Chairman of the club. (Minute183 refers).

 

163.

ANNOUNCEMENTS - REFRESHMENTS

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

Minutes:

The Mayor advised that he intended to adjourn the meeting at 8pm for refreshments in view of this being his last meeting as Mayor, unless it seemed as though business could be finished before 8.30pm.

164.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11

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:

165.

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 Council that Ms Fiona Kacani, the manager of Next and a member of the Morecambe BID Steering Group had registered to speak on the Morecambe Business Improvement District (BID) Ballot.  A copy of her address had been circulated.

 

The Mayor thanked Ms Kacani and invited Councillor Hanson to respond.  Councillor Hanson expressed her agreement with the content of the address and urged all members to support the proposal. 

 

The Mayor advised of a revision to the order of the agenda with the Morecambe Business Improvement District (BID) Ballot item being considered next. 

 

Councillors Cooper, Gardiner and Hughes having previously declared an interest in the following item left the meeting at this point.

 

166.

Morecambe Business Improvement District (BID) Ballot - City Council’s Voting Intention pdf icon PDF 267 KB

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

Additional documents:

Minutes:

The Chief Officer (Regeneration & Planning) submitted a report which provided information for a decision on the use of the City Council’s voting entitlement in the ballot of local town centre ratepayers on Morecambe BID’s proposal to initiate a Business Improvement District in Morecambe, which is scheduled to run from 28 April to 26 May 2016.

 

Members asked a number of questions, which the Senior Regeneration Officer responded to.

 

Councillor Clifford, seconded by Councillor Brayshaw, proposed:

 

“(1) Members agree to use the council’s voting allocation in favour of the Morecambe BID Proposal.

 

(2) The Chief Officer (Resources) is instructed to complete the ballot papers accordingly   and submit them by the end of the ballot period on 26 May 2016.”

 

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

 

Resolved:

 

That:

 

(1)          Members agree to use the council’s voting allocation in favour of the Morecambe BID Proposal.

 

(2)          The Chief Officer (Resources) is instructed to complete the ballot papers   accordingly and submit them by the end of the ballot period on 26 May 2016.

 

 

Councillors Cooper, Gardiner and Hughes returned to the meeting at this point.

 

167.

LEADER'S REPORT pdf icon PDF 198 KB

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

Minutes:

168.

MAYOR'S ANNUAL REPORT pdf icon PDF 254 KB

To receive the Annual Report of the Mayor.

Minutes:

In accordance with Article 5.02(g) of the Constitution, the Mayor presented his Annual Report for 2015/16.  There were no questions.

 

Resolved:

 

(1)  That the Mayor’s Annual Report for 2015/16 be noted.

 

169.

EXECUTIVE ANNUAL REPORT pdf icon PDF 396 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:

In accordance with Article 7.06(j), the Leader and each Member of Cabinet had produced a written progress report for 2015/16. 

 

The Leader responded to a number of questions about her report.

 

The reports of Councillors Bryning, Clifford, Hanson, Leytham, Pattison, Smith and Whitehead were then considered and they responded to questions as appropriate.

 

Resolved:

 

(1)  That the reports of Cabinet Members Blamire, Bryning, Clifford, Hanson, Leytham, Pattison, Smith and Whitehead be received.

 

170.

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 2015/16 had been submitted to Council by the Chairman, Councillor Goodrich.

 

Resolved:

 

(1)  That the Overview & Scrutiny Annual Report for 2015/16 be received.

 

171.

AUDIT ANNUAL REPORT pdf icon PDF 346 KB

To receive the Annual Report of the Audit Committee.

Minutes:

In accordance with Section 8.19 of Part 3 of the Council’s Constitution, the Chairman, Councillor Matt Mann, had submitted the 2015/16 Annual Report of the Audit Committee.

 

Resolved:

 

(1)  That the report be received.  

 

172.

MEMBER CHAMPIONS' ANNUAL REPORT pdf icon PDF 206 KB

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

Additional documents:

Minutes:

In accordance with Part 6, Section 5 of the Constitution, annual reports had been submitted to Council by the Member Champions: Councillor Scott (Veterans’ Champion); Councillor Brown (Champion for Young People), Councillor Whitehead (Champion for Older People) and, Councillors Guilding and Cozler (Champions for the Disabled).  Councillor Brown responded to a question from a Member.

 

Resolved:

 

(1)    That the reports be received.

 

173.

Corporate Plan 2016 - 2020 pdf icon PDF 232 KB

Report of the Cabinet.

Additional documents:

Minutes:

Councillor Blamire introduced a report of Cabinet presenting the draft Corporate Plan 2016/20, which formed part of the corporate policy framework. 

 

Councillor Blamire responded to questions from Councillors before proposing the recommendation as set out in the report.  Councillor Leyshon seconded the proposition.

 

After a short debate, a vote was taken on the motion, which was carried with 29 Members voting for the proposition, 17 against and 9 abstentions.

 

Resolved:

 

(1)     That the Corporate Plan for 2016/20, which forms part of the Corporate Policy Framework, be approved.

 

174.

Motion on Dementia pdf icon PDF 257 KB

To consider the following motion submitted by Councillors Nigel Goodrich and Phillippa Williamson:

(1)       This Council instructs the Chief Executive to write a letter of thanks to Dr Foulds, Honorary Researcher, Lancaster University for her presentation to the O&S Committee and commend Lancaster University on their research into Alzheimer’s Disease.

 

(2)     This Council approves raising the profile of Lancaster University's Alzheimer’s research with council staff, in Council buildings open to the public, and through our website, and encourages all Councillors to undertake Dementia training.

 

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 Goodrich and seconded by Councillor Phillippa Williamson:-

 

(1)          This Council instructs the Chief Executive to write a letter of thanks to Dr Foulds, Honorary Researcher, Lancaster University for her presentation to the O&S Committee and commend Lancaster University on their research into Alzheimer’s Disease.

 

(2)     This Council approves raising the profile of Lancaster University's Alzheimer’s research with council staff, in Council buildings open to the public, and through our website, and encourages all Councillors to undertake Dementia training.

 

Background information had been supplied in an officer briefing note prepared by the Monitoring Officer. 

 

A short debate followed before a vote was taken on the motion, which was clearly carried.

 

Resolved:

 

(1)          This Council instructs the Chief Executive to write a letter of thanks to Dr Foulds, Honorary Researcher, Lancaster University for her presentation to the O&S Committee and commend Lancaster University on their research into Alzheimer’s Disease.

 

(2)     This Council approves raising the profile of Lancaster University's Alzheimer’s research with council staff, in Council buildings open to the public, and through our website, and encourages all Councillors to undertake Dementia training.

 

 

 

175.

Motion on Waste pdf icon PDF 205 KB

To consider the following Motion submitted by Cllr Tim Hamilton-Cox. Seconded by Cllrs Caroline Jackson, Abi Mills and Andrew Kay.

 

In the context of the mothballing of the waste processing plants at Thornton and Leyland, full council mandates officers to approach County with a view to joint working in order to develop locally-sourced solutions to processing the district's domestic and commercial waste (including organic waste) and solid recyclables, solutions which aim to minimise transportation and other environmental impacts; and which maximise employment in the district. Full council further asks officers
to include in their assessment a full investigation of the potential of facilities in both the public and private sectors and to report back in September 2016 on how the aims set out in this motion are being, or are planned to be, achieved in conjunction with County.

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 Hamilton-Cox and seconded by Councillors Caroline Jackson, Abi Mills and Andrew Kay:-

 

“In the context of the mothballing of the waste processing plants at Thornton and Leyland, full council mandates officers to approach County with a view to joint working in order to develop locally-sourced solutions to processing the district's domestic and commercial waste (including organic waste) and solid recyclables, solutions which aim to minimise transportation and other environmental impacts; and which maximise employment in the district. Full council further asks officers
to include in their assessment a full investigation of the potential of facilities in both the public and private sectors and to report back in September 2016 on how the aims set out in this motion are being, or are planned to be, achieved in conjunction with County.”

 

An officer briefing note accompanied the motion and the Chief Officer (Environment) responded to questions about the briefing note.

 

At the conclusion of a lengthy debate a vote was taken on the motion.  23 Councillors voted in favour of the motion and 32 against, therefore the motion was lost.


176.

Champion for Older People pdf icon PDF 207 KB

To consider the report of the Chief Executive.

Minutes:

The Chief Executive submitted a report which advised that special responsibility for Older People was now included in a Cabinet portfolio and sought Council’s consideration of the role of non-executive Champion for Older People.

 

The Democratic Services Manager responded to questions from Members.

 

Councillor Whitehead, seconded by Councillor Leyshon proposed:

 

“That the role of non-executive Member Champion for Older People be held vacant whilst special responsibility for Older People is included in a Cabinet portfolio.”

 

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

 

Resolved:

 

(1)    That the role of non-executive Member Champion for Older People be held vacant whilst special responsibility for Older People is included in a Cabinet portfolio.

177.

Lancashire Combined Authority pdf icon PDF 392 KB

To consider the report of the Chief Executive.

Additional documents:

Minutes:

 

The Chief Executive submitted a report which updated members on the progress on the Lancashire Combined Authority proposals, outlined the response to the public consultation exercise and sought agreement for the Council to become a constituent member of a Combined Authority for Lancashire.

 

Members asked a number of questions, which the Chief Executive responded to.

 

Councillor Blamire, seconded by Councillor Hanson, proposed a motion which had been laid out on Councillors’ tables before the meeting:

 

“That

 

(1)     The City Council considers that the principal reason for forming a Combined Authority is to provide the basis to assist more effectively in the delivery of the Strategic Economic Plan produced by the Lancashire Economic Partnership.  

(2)          The City Council considers it essential that the decision to form a Lancashire Combined Authority should fully align with detail of Lancashire’s Strategic Economic Plan and in particular should include clearer objectives to work closely across the county boundary with Cumbria in supporting the significant economic growth associated with advanced manufacturing, the defence and the energy industries which the two counties share in their contribution to the Northern Powerhouse.   

(3)          The City Council agrees to become a constituent member of a Lancashire Combined Authority and submit proposals to do so to the Secretary of State subject to the Council

(4)          In the interim period, the council agree to form a shadow Lancashire Combined Authority

(5)          At the earliest opportunity the Lancashire Combined Authority set a clear timetable for introducing a system of inclusive voting for all constituent councils on transport related matters

(6)          The Council reserves the right to withdraw from the Lancashire Combined Authority if its benefits and financial commitment are not clearly demonstrated to be in the best interests of Lancaster District residents and its important spatial and economic links with Cumbria.   

(7)          Any future proposals for a devolution deal with the Government be brought back to council for consideration and agreement.

(8)          Council notes that resources are currently being provided by officer support from Lancashire councils and that ant future costs will need unanimous agreement by all councils who make up the combined authority.”

 

 

There followed a lengthy debate.  Just before a vote was taken, it became clear that Councillors were unsure of the wording of the proposition that had been moved, believing it to be the five recommendations in the original report, not the tabled motion.  To avoid confusion, Councillor Blamire and her seconder withdrew the proposition and again proposed the right points set out above, making the content clear to all Councillors.

 

By way of an amendment which was accepted as a friendly amendment by Councillors Blamire and Hanson, Councillor Edwards proposed that recommendations (1) and (2) be removed from the above proposition.

 

Councillors then voted on the substantive motion.  53 Members voted for the substantive motion, 1 Member voted against and 1 Member abstained.

 

Resolved:

 

That:

 

(1)          The City Council agrees to become a constituent member of a Lancashire Combined Authority and submit proposals to do so to the Secretary  ...  view the full minutes text for item 177.

178.

Council Business Committee – Change to date of Scheduled Meeting pdf icon PDF 195 KB

To consider the report of the Chief Executive.

Minutes:

The Chief Executive submitted a report which sought Council’s approval for a change of date to a scheduled Committee meeting. Council was requested to agree to reschedule the date of the next Council Business Committee from 23rd June in view of the government’s announcement of the European Referendum on that date and the involvement of all Democratic Services staff in that process.

 

Councillor Charles, seconded by Councillor Phillippa Williamson, proposed:

 

“That the date of the next Council Business Committee be changed from 23 June 2016 to 30 June 2016.”

 

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

 

Resolved:

 

(1)       That the date of the next Council Business Committee be changed from 23rd June 2016 to 30th June 2016.

 

179.

Community Governance Review: Petition to Create an Aldcliffe-with-Stodday Parish Council pdf icon PDF 217 KB

Additional documents:

Minutes:

The Chief Executive submitted a report which advised Council of the receipt of a valid petition requesting the creation of a Parish Council for Aldcliffe-with-Stodday and sought the Council’s views in taking the necessary Community Governance Review forward.

 

Councillor Leytham, seconded by Councillor Phillippa Williamson, proposed:

 

“(1) That responsibility for setting the terms of reference for the Community Governance review of Aldcliffe-with-Stodday and overseeing the review be delegated to the Council Business Committee, with special meetings of the Committee being convened if necessary and final proposals considered by Council in Autumn 2016.”

 

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

 

Resolved:

 

(1)       That responsibility for setting the terms of reference for the Community Governance review of Aldcliffe-with-Stodday and overseeing the review be delegated to the Council Business Committee, with special meetings of the Committee being convened if necessary and final proposals considered by Council in Autumn 2016.

 

 

180.

QUESTIONS UNDER COUNCIL PROCEDURE RULE 12 pdf icon PDF 300 KB

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. 

Minutes:

The Mayor advised that 2 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

 

(1)  Councillor Edwards to Councillor Smith regarding costs at Happy Mount Park.

(2)  Councillor Mace to Councillor Clifford regarding the museum VAT refund eligibility scheme.

 

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

181.

MINUTES OF CABINET pdf icon PDF 320 KB

To receive the Minutes of Meeting of Cabinet held on 29 March, 2016. 

 

 

Minutes:

 

Council considered the Cabinet minutes of the meeting held on 29th March 2016.

 

Resolved:

 

(1)    That the minutes be noted.

182.

EXCLUSION OF THE PRESS AND PUBLIC

Council is recommended to pass the following recommendation in relation to the following item:- 

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.” 

 

Members are reminded that, whilst the following item has been marked as exempt, it is for Council itself to decide whether or not to consider it in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

 

Minutes:

The Mayor reminded Council that it had been recommended to exclude the press and public from the meeting for the following item on the grounds that it could involve the possible disclosure of exempt information.

 

Councillor Gardiner moved, seconded by Councillor Whitaker:

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of that Act.” 

 

A vote was taken and the motion was carried.

 

Resolved:

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of that Act.” 

 

(Members of the public left the Council Chamber at this point).

 

Councillor Sykes, having previously declared an interest in the following item also left the meeting at this point.

 

 

183.

Morecambe Football Club

To consider the report of the Chief Executive.

 

Report to follow.

 

Additional documents:

Minutes:

Council considered a report of the Chief Executive regarding Morecambe Football Club.  The report was exempt by virtue of Paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

After questions and debate, Council

 

Resolved:

 

(1)             That the meeting be adjourned and the item considered at a reconvened Council meeting on 27th April 2016.

 

The meeting adjourned at 21.35pm and reconvened at 6pm on 27 April 2016.

 

Apologies were received from Councillors Stuart Bateson, Tracy Brown, Brett Cooper, Mel Guilding, Tim Hamilton-Cox, Sylvia Rogerson, Ron Sands, Liz Scott and Malcolm Thomas when the meeting reconvened.

 

Council debated the issue and the options fully and

 

Resolved:

 

(1)   That Option 1 of the exempt report be approved. 

 

(Details are set out in a minute which is exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972.)