Agenda and minutes

Council - Monday, 16th May 2016 6.30 p.m.

Venue: Morecambe Town Hall

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

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Andrew Gardiner, John Wild and Peter Yates.

2.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 13 April 2016 and the re-convened meeting on 27th April 2016 (previously circulated). 

Minutes:

The minutes of the meeting held on 13 April 2016 (reconvened on 27 April 2016) were signed by the Mayor as a correct record.

3.

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:

There were no declarations of interest made at this stage.

4.

ANNOUNCEMENTS

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

Minutes:

There were no formal announcements, however the Mayor thanked all Councillors who had attended the Mayor’s Sunday Service at the Priory Church of St Mary on Sunday 16 May or sent their apologies.

 

The Chief Executive advised Councillors that the Mayor intended to re-order the agenda to take agenda item 16 first, the Report of the Independent Remuneration Panel, to allow Panel Members to be heard first.

5.

Members’ Allowances Scheme - Report of the Independent Remuneration Panel pdf icon PDF 199 KB

To consider the report of the Chief Executive.

Additional documents:

Minutes:

The Chairman of the Independent Remuneration Panel, Kirsten McAteer presented a report detailing the recommendations of the Independent Remuneration Panel regarding members’ allowances for 2016/17.  Harsha Shukla, MBE, a Member of the Panel, also attended for this item.  The Panel recommended that the contribution of £173.88 per annum for broadband be withdrawn and the annual basic allowance increased by £100 (from £3350 to £3450).

 

Councillor Blamire proposed, seconded by Councillor Brown:

 

“That the Panel be thanked for their report although Council feel unable to support the recommendations therein, and propose that the current scheme be retained for the next municipal year.”

 

After a short debate Members voted on the proposition which was clearly carried.

 

Resolved:

 

(1)          That the Panel be thanked for their report although Council feel unable to support the recommendations therein, and propose that the current scheme be retained for the next municipal year.

6.

ALLOCATION OF SEATS TO POLITICAL GROUPS pdf icon PDF 288 KB

To consider the report of the Chief Executive.

 

Report to follow.

Minutes:

The Chief Executive presented a report to advise Council of the Proportional Representation (PR) calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and Council’s agreed protocol, following the recent by-elections in the Carnforth and Millhead and John O’Gaunt Wards and the resignation of a Member from the Labour Group.

 

Councillor Armstrong proposed, seconded by Councillor Brown:

 

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

 

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

 

A list of the political groups’ nominations to Committees had been circulated at the start of the meeting.

 

The Monitoring Officer advised Councillors that the Labour Group had passed over a place on the Budget and Performance Panel as a PR adjustment as a result of the calculation.  There was a tie for that seat between the Conservative and Green groups which necessitated the drawing of lots under the supervision of the Mayor by the Leaders of the two groups.

 

Following the drawing of lots the Green group received the place on Budget and Performance Panel and the Conservative group administrator confirmed that the Conservatives would take two seats on the Overview and Scrutiny Committee, and three on the Budget and Performance Panel.

 

Councillor Armstrong proposed, seconded by Councillor Brown:

 

“That the adjustments required to the Grouping of Committees, detailed in paragraph 3 and Appendix C of the report, with the passing over of one seat on the Budget and Performance Panel from the Labour Group to the Green group, be approved.”

 

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

 

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 calculations and allocation of seats set out in Appendices B and C of the report, be approved.

 

(2)          That the adjustments required to the Grouping of Committees, detailed in paragraph 3 and Appendix C of the report, with the passing over of one seat on the Budget and Performance Panel from the Labour Group to the Green group, be approved.

 

 

7.

Executive Arrangements pdf icon PDF 189 KB

To consider the report of the Leader.

Additional documents:

Minutes:

The Leader presented a report on the delegation of executive functions, in accordance with Rule 1.2 of the Cabinet Procedure Rules.

 

The Leader then presented to Council the names of the Members appointed to Cabinet:  Councillors Clifford, Hanson, Latham, Leyshon, Pattison, Whitehead and Smith.  Details of portfolio areas are appended to the minutes.

 

Resolved:

 

(1)          That the report be noted.

8.

Non-Executive Delegations pdf icon PDF 196 KB

To consider the report of the Monitoring Officer.

Additional documents:

Minutes:

The Monitoring Officer presented a report on the Scheme of Delegation to Officers in relation to non-executive functions.

 

Councillor Blamire proposed, seconded by Councillor Brown:

 

“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 the current Scheme of Delegation to Officers (“Scheme of Delegation”) in regard to non-executive functions be approved.

9.

Appointment of Electoral Registration Officer and Returning Officer pdf icon PDF 216 KB

To consider the report of the Chief Executive.

Minutes:

The Chief Executive submitted a report to enable Council to formally appoint the new Chief Executive to the role of Electoral Registration Officer (ERO) and Returning Officer (RO) from her start date of 1 July 2016.

 

Councillor Blamire proposed, seconded by Councillor Brown:

 

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

 

Resolved:

 

(1)          That Susan Parsonage be formally appointed to the role of Electoral Registration Officer (ERO) effective from 1 July 2016.

 

(2)          That Council re-confirms that the role of Returning Officer (RO) be attached to the post of Chief Executive.

10.

APPOINTMENT OF OVERVIEW AND SCRUTINY MEMBERS pdf icon PDF 19 KB

To receive nominations and appoint Members to serve on each of the following Overview and Scrutiny bodies in accordance with the political balance arrangements agreed at Item 6. 

 

In accordance with the Council’s Constitution, Part 3, Sections 12 and 13, only non-Cabinet Members are entitled to vote on this item.

 

(a)      Overview and Scrutiny Committee (9)

(b)      Budget and Performance Panel (9)

 

Minutes:

A list of Members nominated by the Labour, Conservative, and Green groups for appointment to the Council’s Overview and Scrutiny bodies had been circulated at the commencement of the meeting and, in line with the allocation of seats agreed at minute   6, some adjustments were noted.  Councillors Cooper and Phillippa Williamson were nominated as the Conservative appointments to the Overview and Scrutiny Committee, with Councillor Ashworth being the nomination of the Independent group. 

 

Councillor Hamilton-Cox was nominated as the additional Green appointment to the Budget and Performance Panel following the earlier drawing of lots for the seat.

 

Members were reminded that in accordance with the Council’s Constitution Part 3, Sections 12 and 13, only non-Cabinet members were entitled to vote on this item.

 

Acceptance of the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies was moved by Councillor Armstrong and seconded by Councillor Brown.

 

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

 

Resolved:

 

(1)          That the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies for 2016/17 be approved as set out in the Appendix to these minutes.

11.

APPOINTMENT OF COMMITTEE MEMBERS pdf icon PDF 159 KB

To receive nominations and appoint Members to serve on the under-mentioned Committees and the Appraisal Panel in accordance with the political balance arrangements agreed at Item 6.

 

(a)        Licensing Regulatory Committee (9)

 

(b)        Licensing Act Committee (15)

 

(c)        Planning and Highways Regulatory Committee (15)

 

(d)        Personnel Committee (7)

 

(e)        Appeals Committee (7)

 

(f)          Audit Committee (7)

 

(g)        Standards Committee (7) 

 

(h)        Council Business Committee (7)

 

(i)         Appraisal Panel (7)

 

Minutes:

A list of Members nominated by the Labour, Conservative, and Green groups for appointment to the Council’s Committees and Appraisal Panel, in accordance with the allocation of seats as agreed at minute 6, had been circulated at the commencement of the meeting.  Councillor Knight advised that Councillor Ashworth would be the Independent group member on the Planning and Highways Regulatory Committee and the Licensing Act Committee.

 

It was moved by Councillor Armstrong and seconded by Councillor Brown that the nominations put forward by the groups for appointments to Committees and the Appraisal Panel be accepted.

 

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

 

Resolved:

 

(1)          That the nominations put forward by the groups for appointments to Committee of Council and the Appraisal Panel be approved as set out in the Appendix to these minutes.

12.

APPOINTMENT OF CHAIRMEN

To receive nominations and appoint a Chairman to each of the under-mentioned bodies noting that, in accordance with the Council’s Constitution, Part 3, Sections 11 and 12, only non-Cabinet Members are entitled to vote on (a) and (b) below:

 

(a)       Overview and Scrutiny Committee - shall not be a member of the largest political group represented on Cabinet

 

(b)       Budget and Performance Panel - shall not be a member of the largest political group represented on Cabinet.

 

(c)       Licensing Regulatory Committee

 

(d)       Licensing Act Committee

 

(e)       Planning and Highways Regulatory Committee

 

(f)        Personnel Committee

 

(g)       Appeals Committee

 

(h)       Audit Committee – shall not be a member of Cabinet or Overview and Scrutiny.

 

(i)        Council Business Committee

 

Minutes:

The Mayor requested nominations for a Chairman for the Overview and Scrutiny bodies and for each of the Council’s Regulatory and Standing Committees.

 

The Mayor reminded Members that in accordance with the Council’s Constitution only non-Cabinet Members were entitled to vote on the Chairmen proposed for the Overview and Scrutiny Committee and Budget and Performance Panel.

 

In relation to the Overview and Scrutiny Committee, Councillor Phillippa Williamson was nominated by Councillor Goodrich and seconded by Councillor Peter Williamson. Councillor Ashworth was nominated by Councillor Knight and seconded by Councillor Armstrong.

 

On being put to the vote 23 Members voted for Councillor Phillippa Williamson and 25 Members voted for Councillor Ashworth, whereupon the Mayor declared Councillor Ashworth Chairman of the Overview and Scrutiny Committee.

 

In relation to the Budget and Performance Panel, Councillor Brookes was nominated by Councillor Hamilton-Cox and seconded by Councillor Wilkinson.

 

There being no further nominations, Councillor Brookes was declared Chairman of the Budget and Performance Panel.

 

In relation to the Licensing Regulatory Committee, Councillor Hartley was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Edwards was nominated by Councillor Cooper and seconded by Councillor Parkinson.

 

36 Members voted for Councillor Hartley and 20 for Councillor Edwards.  The Mayor declared Councillor Hartley Chairman of the Licensing Regulatory Committee.

 

In relation to the Licensing Act Committee, Councillor Metcalfe was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Guilding was nominated by Councillor Peter Williamson and seconded by Councillor Goodrich.

 

On being put to the vote 37 Members voted for Councillor Metcalfe and 18 for Councillor Guilding.  The Mayor declared Councillor Metcalfe Chairman of the Licensing Act Committee.

 

In relation to the Planning and Highways Regulatory Committee, Councillor Brayshaw was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Helme was nominated by Councillor Phillippa Williamson and seconded by Councillor Goodrich.

 

On being put to the vote a majority of 37 Members voted for Councillor Brayshaw.  17 Members voted for Councillor Helme, whereupon the Chairman declared Councillor Brayshaw Chairman of the Planning and Highways Regulatory Committee.

 

In relation to the Personnel Committee, Councillor Atkinson was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Parkinson was nominated by Councillor Phillippa Williamson and seconded by Councillor Goodrich.

 

With 33 Members voting for Councillor Atkinson and 23 voting for Councillor Parkinson, the Mayor declared Councillor Atkinson Chairman of the Personnel Committee.

 

In relation to the Appeals Committee, Councillor Cozler was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Joan Jackson was nominated by Councillor Phillippa Williamson and seconded by Councillor Guilding.

 

A vote was taken and 39 Members voted for Councillor Cozler.  Councillor Joan Jackson received 16 votes and the Mayor declared Councillor Cozler Chairman of the Appeals Committee.

 

In relation to the Audit Committee, Councillor Mann was nominated by Councillor Warriner and seconded by Councillor Brown and Councillor Thomas was nominated by Councillor Peter Williamson and seconded by Councillor Goodrich.

 

On being put to the vote 30 Members  ...  view the full minutes text for item 12.

13.

APPOINTMENTS TO OUTSIDE BODIES pdf icon PDF 231 KB

To consider the report of the Chief Executive.

Additional documents:

Minutes:

The Chief Executive submitted a report to enable Council to consider its appointments to outside bodies, partnerships and boards.

 

Council noted the information provided in Appendix 2 of the report regarding Members’ attendance at meetings of outside bodies and some Members gave updates on their attendance. It was agreed that the information would be amended to reflect the updates provided by Members, and the revised information would be appended to the minutes.

 

Nominations were taken for the amendments to various outside bodies as follows:-

 

Board of Trustees of Lancaster Charity

Councillor Pattison was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Charles was nominated by Councillor Peter Williamson and seconded by Councillor Phillippa Williamson.  On being put to the vote 36 Councillors voted for Councillor Pattison and 18 for Councillor Charles, whereupon Councillor Pattison was appointed.

 

Lancaster Ripley Church of England Education Trust

Councillor Reynolds was nominated by Councillor Armstrong and seconded by Councillor Brown.  Councillor Parkinson was nominated by Councillor Peter Williamson and seconded by Councillor Phillippa Williamson.  On being put to the vote 34 Councillors voted for Councillor Reynolds and 20 for Councillor Parkinson, whereupon Councillor Reynolds was appointed.

 

Preston and Western Lancashire Racial Equality Council

Councillor Barry proposed, seconded by Councillor Caroline Jackson that Councillor Novell be appointed to this outside body following confirmation that Councillor Scott wished to stand down. There were no further nominations and Councillor Novell was appointed to the Preston and Western Lancashire Racial Equality Council.

 

Councillor Armstrong, seconded by Councillor Brown proposed the following further revisions:

 

Health Scrutiny Committee

Councillor Pattison (replacing Councillor Hartley)

 

Heysham Nuclear Power Station LCLC

Councillor Warriner (replacing Councillor Sands)

 

Lancashire Visitor Economy Forum

Councillor Thynne (replacing Councillor Sands)

 

Leeds-Morecambe and Settle-Carlisle Railway DP

Councillor Bryning (replacing Councillor Atkinson)

 

North Lancashire Citizen’s Advice Bureaux Board

Councillor Thynne (replacing Councillor Brayshaw)

 

Rainbow Centre

Councillor Hall (replacing Councillor Whitehead)

 

North West Home Safety Council

Councillor Pattison (vacant seat)

 

There being no further nominations Members voted on these revisions which were clearly carried.

 

In relation to the new BID Company Limited which had replaced the Lancaster Business Improvement District (BID) Management Group, Councillor Armstrong proposed, seconded by Councillor Brown:

 

“That the basis of appointment to the BID Company Ltd be by virtue of role as Cabinet Member for Economic Regeneration and that the appointment be referred to Cabinet.”

 

On being put to the vote, the proposition was clearly carried.

 

Resolved:

 

(1)          That Council notes the changes that have occurred mid-year, and confirms the appointments set out in Appendix 1 with the following revisions:-

 

Board of Trustees of Lancaster Charity                                 Councillor Pattison

Lancaster Ripley Church of England Education Trust           Councillor Reynolds

Preston and Western Lancashire Racial Equality Council     Councillor Novell

Health Scrutiny Committee                                                    Councillor Pattison

Heysham Nuclear Power Station LCLC                                Councillor Warriner

Lancashire Visitor Economy Forum                                       Councillor Thynne

Leeds-Morecambe and Settle-Carlisle Railway DP               Councillor Bryning

North Lancashire Citizen’s Advice Bureaux Board                Councillor Thynne

Rainbow Centre                                                                      Councillor Hall

North West Home Safety Council                                          Councillor Pattison

 

(2)          That the basis of  ...  view the full minutes text for item 13.

14.

Appointment to the Lancashire Police and Crime Panel pdf icon PDF 200 KB

To consider the report of the Chief Executive.

Minutes:

The Chief Executive submitted a report to advise Council of the options with regard to appointing to the Lancashire Police and Crime Panel.  The composition of the Panel reflected the political balance in Lancashire and this had changed as a result of recent local elections.  Blackburn-with-Darwin Council, administrators for the Panel, had advised that Lancaster City were requested to appoint one member to the Panel but were unable to confirm which group should make the nomination. 

 

In view of this, Councillor Armstrong proposed, seconded by Councillor Brown:

 

“That the appointment be deferred to the next Council meeting on 15June 2016.”

 

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

 

Resolved:

 

(1)          That the appointment to the Lancashire Police and Crime Panel be deferred to the next Council meeting on 15 June 2016.

 

15.

LEADER'S REPORT pdf icon PDF 201 KB

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

Minutes:

The Leader presented her report updating Members on various issues since her last report to Council. 

 

Resolved:

 

(1)  That the report be noted.

16.

Medium Term Financial Strategy 2016 to 2020 - Government Four Year Settlement Offer pdf icon PDF 304 KB

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

Additional documents:

Minutes:

The Chief Officer (Resources) submitted a report to obtain Council’s direction on whether it wished to accept the government’s offer of a four year finance settlement, as outlined during the recent budget process, and address associated administrative requirements.

 

Councillor Whitehead proposed, seconded by Councillor Blamire:

 

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

 

By way of an amendment, it was proposed by Councillor Hamilton-Cox and seconded by Councillor Wilkinson:

 

“That the decision be deferred for discussion at Budget and Performance Panel on 12July 2016 in order for the implications to be looked at in detail, prior to consideration at full Council on 28 September 2016.”

 

There was a short debate on the amendment before it was put to the vote and clearly lost.

 

Members then voted on the substantive motion, which was clearly carried.

 

Resolved:

 

(1)            That Council accepts the Government’s offer of a four-year Finance Settlement, and authorises the Chief Officer (Resources) to advise Government of Council’s decision.

 

(2)            That the Council’s existing Medium Term Financial Strategy (MTFS) document be recognised both as the Council’s Efficiency Plan, for the purposes of accepting any four-year Finance Settlement under (1) above, and as the Council’s Efficiency Strategy, for the purposes of any Flexible Use of Capital Receipts.