Agenda and minutes

Apologies for absence were received from Councillors Stuart Bateson, Brett Cooper, Caroline Jackson, Matt Mann and Rebecca Novell.

To receive as a correct record the Minutes of the Meeting of the City Council held on 13 July 2016 (previously circulated). 

The minutes of the meeting held on 13 July 2016 were signed by the Mayor as a correct record.

Members advised of the following interests at this stage:

Councillor Darren Clifford declared a prejudicial interest in Item 10 – the Motion on Notice regarding Firbank Children’s Centre in view of him being a Member of the controlling Labour group at Lancashire County Council.

Councillor Janice Hanson declared a prejudicial interest in Item 10 – the Motion on Notice regarding Firbank Children’s Centre in view of her being a Member of the controlling Labour group at Lancashire County Council.

Councillor Susie Charles declared a non-prejudicial interest in Item 10 – the Motion on Notice regarding Firbank Children’s Centre in view of her being a Member of Lancashire County Council.

Councillor Tracey Brown declared a prejudicial interest in Item 10 – the Motion on Notice regarding Firbank Childrens’ Centre in view of her being a governor on the Federation of Children’s Centres.

Councillor Andrew Kay declared a non-prejudicial interest in Item 10 – the Motion on Notice regarding Firbank Children’s Centre in view of him being an employee of Lancashire County Council.

The Mayor advised that he would be holding a cheese and wine evening on 7^th October and a Christmas Charity Bash on 2^nd December the proceeds of which would be going to the Mayor's Charity.  Tickets were available from the Mayor’s Office.

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.

To receive a petition and address to Council, notification of which has been received by the Chief Executive in accordance with the Council’s Constitution.

Members are advised that the petition has in excess of 200 signatures and relates to a local matter which affects no more than two wards. It has been scheduled for debate at this meeting and a report of the Chief Officer (Environment) is attached, in accordance with the Council’s Petition Scheme.

Ms Kamilla Elliott formally presented a petition and addressed Council in accordance with the provisions of Council Procedure Rule 11.  The wording of the petition was as follows:-

             “We petition the council to implement the following policies for Ryelands Park:

The park is for the people: Commercial entertainment events disrupt normal use of

the park: limit the days on which they are held to 5 in a 30-day period and 20 per year.

Keep our park green: Stop for-profit vandalism of Ryelands Park: ban vendors using

heavy equipment and HGVs that damage park vegetation. (Note: We do not seek to

ban circuses and fairs, only to ensure that they are an appropriate size and weight

for the park.)

Keep our park peaceful: Make park vendors keep the laws you require citizens and

local businesses to keep. Where sound from events can be heard throughout the

park or beyond park borders, put sound limiters on PA systems that conform to

government decibel levels for residential areas. Enforce the law; staff events with

officers authorized to enforce it.

Keep our park safe and nuisance free: Provide staff to ensure safe parking,

monitor decibel levels, and enforce end times for all events attracting 250+

attendees. Circuses, fairs, and other vendors do not provide staff to monitor

these issues, and have no reason to keep the terms of their contracts without

enforcement if they can profit by breaking them. Ban vendors who break their

contracts or local laws from future use of the park.

Make our park equal: Give the same care to Ryelands Park and its neighbourhood

that you give to award-winning parks in wealthier neighbourhoods. End class

discrimination in our parks.”

The Mayor thanked Ms Elliott for speaking.  As the petition contained in excess of 200 signatures and related to no more than two wards a report had been prepared by the Chief Officer (Environment) to allow debate by full Council. The
Chief Officer (Environment) responded to questions from Members.

Councillor Hughes responded on behalf of the Council as the relevant Cabinet Member and thanked Ms Eilliott for attending Council.  He then proposed:

“That the petition be noted.”

Councillor Hanson seconded the proposition.

After a short debate it was proposed by Councillor Barry, seconded by Councillor Brookes and accepted as a friendly amendment by the proposer and seconder of the original proposition:

“That the petition be noted and that the Council repairs any remaining damage to the park and considers the points made in the petition, providing a response to the petitioners, which is copied to all councillors.”

Members debated the motion as amended before taking a vote, which was clearly carried.

Resolved:

(1)          That the petition be noted and that the Council repairs any remaining damage to the park and considers the points made in the petition, providing a response to the petitioners, which is copied to all councillors.

In presenting her report, the Leader advised the meeting that she wished to clarify an inaccuracy in the wording with regard to the Museums agreement.  She made the following announcement:

“My report says that we attended a County Working Group and gave notice to the County Council of our withdrawal from the Museums Management Agreement from next year.  The report should have said that we discussed a potential reduction in the notice period at that meeting.  Cabinet has not taken any decision to give notice, the Cabinet decision taken in June was to request that the two year notice period be reduced to one year.  A deed of variation to that effect is being agreed and progress with that will be reported in due course.  I apologise for any confusion caused by the error.”

Councillor Mace, who had given notice of a question on this issue, thanked the Leader for the clarification and advised the meeting that in view of this explanation he would withdraw his question. (Minute 50 refers).

The Leader responded to a question from a Member.

Resolved:

(1)          That the report be noted.

To consider the following motion submitted by Councillors Tim Hamilton-Cox, Abi Mills and Andrew Kay:-

This council notes:

That the level of deprivation on education and health measures in the lower super output area (LSOA) covering part of the Ridge and Newton places the LSOA in the bottom 10% in England;

That the latest (2012) OFSTED report on Firbank said of the staff: 'Their extremely caring, respectful attitudes and dedication to improving the lives of the most disadvantaged families is a seam of gold influencing all of this centre’s work, inspiring loyalty, confidence and cooperation among professional partnerships and parents. Consequently, provision and outcomes are good.'

And further, that the OFSTED report underlined the symbiotic relationship between centre, nursery and school: 'The onsite nursery, the centre and the adjacent school sensibly share the assessment and support systems for children. This eases the children’s movement between settings, which is particularly important for children who are receiving additional support...The centre is becoming a real hub of the local community';

That closure is likely to impact on the viability of the nursery currently co-located in the building and which offers the only nursery provision in the area;

That closure is contrary to the statutory role of Lancashire County Council 'to secure sufficient children's centres which are accessible to all families with young children, and targeted evidence-based interventions for those families in greatest need of support';

That the proposed alternative provision at Lune Park (in Ryelands Park) is not accessible to much of Bulk ward in the 30-minute pram-pushing time set as the accessibility criterion in the County Property Strategy, and that it is a pedestrian-aversive route;

That closure contradicts the leader of Lancashire County Council's comment (May 2016) on the Property Strategy which has occasioned closure: that, “We are not cutting services but reducing the number of expensive buildings...”

This council acknowledges the unprecedented squeeze on council budgets caused by government funding cuts but calls on Lancashire County Council to prioritise services to families in greatest social need in order to prevent future, more intensive and expensive intervention by children's social care services.

Accordingly, this council mandates the Chief Executive to write to Lancashire County Council calling on it to reverse its decision to close Firbank Children's Centre at its next Cabinet meeting on 6^th October for the reasons set out above.

An officer briefing note is attached.

Having previously declared a prejudicial interest in the following motion on notice, Councillors Brown, Clifford and Hanson left the meeting. 

Councillor  Hamilton-Cox had submitted the following motion having given the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

“This council notes:

That the level of deprivation on education and health measures in the lower super output area (LSOA) covering part of the Ridge and Newton places the LSOA in the bottom 10% in England;

the latest (2012) OFSTED report on Firbank which said of the staff: 'Their extremely caring, respectful attitudes and dedication to improving the lives of the most disadvantaged families is a seam of gold influencing all of this centre’s work, inspiring loyalty, confidence and cooperation among professional partnerships and parents. Consequently, provision and outcomes are good.'

And further that the OFSTED report underlined the symbiotic relationship between centre, nursery and school: 'The onsite nursery, the centre and the adjacent school sensibly share the assessment and support systems for children. This eases the children’s movement between settings, which is particularly important for children who are receiving additional support...The centre is becoming a real hub of the local community';

That closure is likely to impact on the viability of the nursery currently co-located in the building and which offers the only nursery provision in the area;

That closure is contrary to the statutory role of Lancashire county council 'to secure sufficient children's centres which are accessible to all families with young children, and targeted evidence-based interventions for those families in greatest need of support';

that the proposed alternative provision at Lune Park (in Ryelands Park) is not accessible to much of Bulk ward in the 30-minute pram-pushing time set as the accessibility criterion in the County property strategy, and that it is a pedestrian-adversive route;

That closure contradicts the leader of Lancashire county council's comment (May 2016) on the property strategy which has occasioned closure: that, “We are not cutting services but reducing the number of expensive buildings...”

This council acknowledges the unprecedented squeeze on council budgets caused by government funding cuts but calls on Lancashire county council to prioritise services to families in greatest social need in order to prevent future, more intensive and expensive intervention by children's social care services.

Accordingly, this council mandates the chief executive to write to Lancashire county council calling on it to reverse its decision to close Firbank children's centre at its next cabinet meeting on 6^th Octoberfor the reasons set out above.”

An officer briefing note had been provided with the agenda to assist Councillors.

Councillor Hamilton-Cox moved the motion, seconded by Councillor Kay.

By way of an amendment, which was accepted as a friendly amendment by the proposer and seconder of the motion, Councillor Charles proposed that a request to keep Galgate Children’s Centre open be included in the motion. 

Members debated the amended motion.

At the conclusion of a lengthy debate, a vote was taken on the amended motion.  24  ...  view the full minutes text for item 44.

To consider the report of the Chief Executive.

Council considered a report of the Chief Executive which advised Council of the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and the Council’s agreed protocol, following the recent resignation of a Councillor. 

Members questioned why the report had been put before Council when a by-election was due very shortly and asked whether the Council Business Committee could consider amending the constitution to enable any future adjustments to the allocation of seats which become necessary because of a vacancy to be determined after the by-election had been held.  The Monitoring Officer agreed to draft a report to the next meeting of the Council Business Committee. 

It was reported that, as a result of the re-calculation, some adjustments were necessary to the Overview and Scrutiny grouping.  The Green party were required to pass a seat on the Budget and Performance Panel to the Conservative group.  The Labour group would have four members on the Overview and Scrutiny Committee instead of five and five Members on the Budget and Performance Panel instead of four.  The Conservative group would have three members on each of the Overview and Scrutiny Committee and Budget and Performance Panel.

Councillor Barry proposed, seconded by Councillor Charles:

“That the recommendations, as set out in the report, be 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 set out in Appendices B and C of the report.

(2)     That the adjustments required to the Overview and Scrutiny Grouping of committees, detailed in paragraph 3 and Appendix C of the report, be approved with Councillor Hamilton-Cox passing up a seat on the Budget and Performance Panel, Councillor Reynolds passing up a seat on the Overview and Scrutiny Committee and taking a seat on the Budget and Performance Panel, and Councillor Mace taking a seat on the Overview and Scrutiny Committee.

To consider the report of the Chief Executive.

The Chief Executive submitted a report in order that Council might consider the method of responding to the Boundary Commission for England’s Review of Parliamentary Constituencies.

Councillor Metcalfe proposed, seconded by Councillor Armstrong:

“That Option B, (to make a written response as a Council on the administrative issues that arise delivering elections on the proposed boundaries) be approved.

Councillor Metcalfe and her seconder clarified their intention that the written response be agreed by Council Business Committee.

By way of an amendment, Councillor Peter Williamson proposed, seconded by Councillor Edwards:

“That Option A, (not to make a response at all as a Council but leave it to political groups and individual Councillors to respond as they wish and for the Returning Officer to respond on the practicalities of the proposals for administering elections) be approved.”

After a short debate Members voted on the amendment.  17 Members voted for the amendment whereupon the Mayor declared the amendment to be lost.

Members then voted on the original proposition. 35 Members voted in favour of the original proposition, whereupon the Mayor declared the original proposition to be carried.

It was noted that political groups and individual Councillors could make their own responses as they wished.

Resolved:

(1)          That Option B, (to make a written response as a Council on the administrative issues that arise delivering elections on the proposed boundaries) be approved.

(2)          That Council Business Committee be the body authorised to agree the response.

To consider the report of the Leader.

The Leader reported that Councillor Brendan Hughes’ had been appointed to Cabinet, with special responsibility for Community Safety and Clean and Green following the resignation of David Smith.

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

Resolved:

(1)  That the report be noted.

To consider the report of the Monitoring Officer.

The Monitoring Officer presented a report which gave notice of two amendments made by the Leader to the Scheme of Delegation to Officers. 

There was no debate and a vote was taken which was clearly carried.

Resolved:

(1)  That the report be noted.

To consider any changes to committee membership or chairmanships.

The Monitoring Officer requested group administrators to confirm any changes to Committee Membership.  Councillor Armstrong advised that Councillor Blamire would be replacing Councillor Smith on the Personnel Committee and the Joint Consultative Committee.  Councillor Bryning would be replacing Councillor Leyshon on the Planning & Highways Regulatory Committee and Councillor Leyshon would remain as a substitute on that Committee.  Councillor Thynne would be replacing Councillor Hughes on the Standards Committee.

Members voted on the proposed changes which were clearly carried.

The Monitoring Officer advised that Councillor Hughes had been the Chairman of the Standards Committee and therefore the meeting was required to elect a new Chairman to that Committee. 

The Mayor requested nominations for the Chairman of the Standards Committee.

Councillor Thynne was nominated by Councillor Armstrong and seconded by Councillor Brown.  Councillor Mace was nominated by Councillor Phillippa Williamson and seconded by Councillor Peter Williamson.

On being put to the vote 26 Members voted for Councillor Thynne and 19 Members voted for Councillor Mace, whereupon the Chairman declared Councillor Thynne Chairman of the Standards Committee.

The meeting adjourned for 5 minutes at this point.

Resolved:

(1)  That Councillor Blamire be appointed to Personnel Committee and JCC.

(2)  That Councillor Bryning be appointed to the Planning and Highways Regulatory Committee replacing Councillor Leyshon, who will remain as a substitute.

(3)  That Councillor Thynne be appointed to the Standards Committee replacing Councillor Hughes.

(4)  That Councillor Thynne be appointed Chairman of the Standards Committee.

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 6 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)      Councillor Barry to Councillor Leyshon regarding IT /Bring your own device

(2)      Councillor Brookes to Councillor Leytham regarding air pollution levels

(3)      Councillor Brookes to Councillor Leytham regarding future air pollution compliance levels

(4)      Councillor Hamilton-Cox to Councillor Leyshon regarding City Council office space

(5)      Councillor Hamilton-Cox to Councillor Hanson regarding Moor Hospital s106 monies

(6)      Councillor Mace to Councillor Blamire regarding Cabinet Minutes – this question was withdrawn (Minute 43 refers).

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

To receive the Minutes of Meeting of Cabinet held on 6^th September, 2016. 

Council considered the Cabinet minutes of the meeting held on 13 July 2016. The Leader responded to Members’ questions.

Resolved:

That the minutes be noted.