Agenda and minutes

Apologies for absence were received from Councillors James Leyshon, Helen Helme, Geoff Knight, Malcolm Thomas and Oscar Thynne.

Note: Councillor Knight joined the meeting when it reconvened following an adjournment at 8.22pm (minute 134 refers.)

To receive as a correct record the Minutes of the Meeting of the City Council held on 28^th February 2018 (previously circulated). 

The Mayor informed Councillors about an error in the minutes of the extraordinary council meeting held on 31 October 2017 regarding the Canal Corridor.

The error was in the recorded vote taken on the original motion, where Councillor Rogerson’s name appeared twice and Councillor Caroline Jackson’s name had been omitted. The Mayor asked for a proposition to amend the set of minutes to remove Councillor Rogerson’s name from the list of those voting against the original proposition, and insert Councillor Caroline Jackson’s name.

Councillor Hamilton-Cox, seconded by Councillor Clifford proposed that the required correction to the minutes be effected.

The proposition was clearly carried when put to the vote.

The minutes of the meeting held on 28 February 2018 were signed by the Mayor as a correct record. Councillor Gardiner, having raised an issue with the minutes of the meeting which he was not satisfied with, asked that it be recorded in the minutes that he had voted against approval of the minutes of the 28 February 2018 meeting.

Resolved:

That the correction to a recorded vote at the extraordinary council meeting held on 31 October 2017, as detailed above, be effected.

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 9 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. 

Members advised of the following interests at this stage:

Councillor Scott declared a non-pecuniary interest should there be any discussion about the City Museum during consideration of the Cabinet minutes of 13 February 2018 and any other museum-related matter which might arise, as an ex-officio member of the Lancaster King’s Own Regiment (Cabinet Minute 75 refers).

Councillor Gardiner declared a non-pecuniary interest as a Member of Lancashire County Council and of Museums Committees, should any related matter arise.

Councillor Phillippa Williamson declared a non-pecuniary interest as a Member of Lancashire County Council and Museums Committees, should any related matter arise.

Councillor Edwards declared a non-pecuniary interest as a Member of Lancashire County Council, and Lancashire Waste Partnership, should any related matter arise.

Councillors Pattison and Parr declared non-pecuniary interests as Members of Lancashire County Council, should any related matter arise.

The Chief Executive made an announcement on behalf of the Independent Remuneration Panel. The Panel was required to carry out a full review of the Members’ Allowances Scheme prior to the next elections in May 2019. Panel Members wished to encourage input from all Councillors during the process, with interviews and a drop-in session planned later in the year. However the first stage would be an online survey. A link to the survey would be emailed out to all Councillors later in the week. The Panel would really appreciate responses from Members. The survey would be a short one, taking up only a few minutes of Councillors’ time.

Councillor Edwards asked whether members of the public would be invited to contribute to the review and the Chief Executive said she would put that question to the Panel.

The Mayor made three announcements. He informed Members of the “Lancashire Lifesavers” campaign, which was a collaboration between Lancashire County Council, BBC Radio Lancashire and North West Ambulance service with the aim of providing cardiopulmonary resuscitation (CPR) training across Lancashire. The campaign was established after Lancashire County Councillor Cllr Tony Jones suffered a cardiac arrest in the Council Chamber in County Hall in 2017. The quick action of colleagues performing CPR saved his life.

Training sessions would be taking place at Lancaster Town Hall in April and May. More information on dates and how to sign up would be available shortly via the Council’s website and social media channels.

The Mayor’s second announcement was a reminder about his final fundraising event as Mayor, which would be a wine tasting evening, taking place on 12 April 2018, 7.30pm at Lancaster Town Hall. Councillors wishing to purchase a ticket could do so from the Mayor or Democratic Services.

Finally, the Mayor informed Councillors that the Mayoress and the Deputy Mayor would be undertaking a sponsored walk from Heysham Harbour Port to Happy Mount Park on Sunday 15 April and any offers of sponsorship would be very welcome.

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.

Councillor Barry proposed re-ordering the agenda to take item 16 next, the Canal Corridor North report, as there were members of the public present for that particular item. Councillor Edwards seconded the proposition, which was carried when put to the vote.

To consider the report of the Portfolio Holder for Regeneration and Planning.

Councillor Hanson, Cabinet Member for Regeneration and Planning, submitted a report updating Council on the Canal Corridor North Scheme. She reported that, following detailed due diligence work carried out for the scheme and discussions with British Land, there was no viable option for the current scheme which could be recommended to Council for support.

There was a lengthy question and answer session, during which the Cabinet Member and the Regeneration Manager responded to questions from Councillors.

Councillor Cooper asked Councillor Hanson why there was no mention of the costs of termination of the agreement with British Land. He asked how much that would cost. Councillor Hanson replied that there would be no costs. Councillor Cooper asked that the reply be included in the minutes.

Councillor Caroline Jackson asked Councillor Hanson if she would confirm the importance of the Lancaster District Homeless Action facility. Councillor Hanson replied ‘yes, of course.’ Councillor Caroline Jackson asked that Councillor Hanson’s reply be minuted.

Councillor Hamilton-Cox asked for more clarity regarding the amount spent on consultants and external advisors for the scheme in 2017/18, as figures of £283,000 and £188,000 had been included in documentation. Councillor Caroline Jackson asked about the process undertaken when commissioning commercial property agents GVA and what the estimated contract value had been. The Chief Officer (Resources) agreed to clarify all these points in a written answer.

Councillor Hanson, seconded by Councillor Clifford, proposed:

“That Council

(1)            Notes that, following detailed due diligence work and discussions with British Land, there is no viable option for the current Canal Corridor North scheme that can be recommended to Council for support.

(2)            Notes that, as a consequence of 1 above, the current Development Agreement with British Land will be terminated.

(3)            Instructs the Chief Executive to develop a new development and financial framework for the Canal Quarter based on the key principles set out in paragraph 2.3 of this report.

(4)            As a consequence of (3) above, instructs the Chief Executive to undertake negotiations and due diligence with British Land for their land and property holdings in the Canal Quarter.

(5)            Authorises the use of the Canal Corridor North Reserve to fund any reasonable costs arising from this phase of project development work.

(6)            Notes that Cabinet, in consultation with the Canal Corridor Cabinet Liaison Group (to be re-named the Canal Quarter Cabinet Liaison Group) is responsible for overseeing production of the new draft development and financial framework, which shall be reported to councillors when it is complete.

(7)            Instructs that, in addition to ongoing key stakeholder engagement, the draft development and financial framework includes a detailed plan for public engagement in line with community consultation best standards with the aim of obtaining wide public participation in plans for the Canal Quarter moving forward.”

The Mayor informed Councillors that four amendments had been submitted by the Green Group in advance of the meeting. These had been circulated by email and paper copies were on Members’ tables.

Councillor Wilkinson proposed the first  ...  view the full minutes text for item 134.

To receive the Annual Report of the Overview and Scrutiny Committee.

In accordance with Article 6.03(c) the Overview and Scrutiny Annual Report for 2017/18 had been published and was presented to Council by the Chairman of the Overview and Scrutiny Committee, Councillor Ashworth and the Chairman of the Budget and Performance Panel, Councillor Sykes.

Resolved:

That the Overview & Scrutiny Annual Report be received.

Questions on notice were received from Councillor Peter Williamson to the Leader of the Council for the meeting held on 28 February 2018. These were deferred until this meeting.

Questions on notice which had been deferred from the meeting held on 28 February 2018, were dealt with next. The question from Councillor Peter Williamson to Councillor Blamire, was as follows:

“You may recall that at Full Council on 31 January 2018 I raised the appointment of an Assistant Chief Executive costing over £200,000 over a two-year period.

May I draw your attention to two emails obtained under the Freedom of Information Act which have been passed to me and which I attach to this question.

The emails are from the then Head of Legal and Governance and the then Head of Human Resources to the Chief Executive.

The advice from both Officers to the Chief Executive was that the matter of the recruitment of a Chief Officer should go before the Personnel Committee.

Was the appointment of the Assistant Chief Executive advertised internally and externally concurrently in accordance with Lancaster City Council’s recruitment policy?”

Councillor Blamire responded:

“The Council appoints interim managers through recruitment agencies, for senior positions as well as other roles, primarily because appointing an interim manager is something which can be done very quickly, to fill a role temporarily until a longer term appointment is considered and made. 

Interim managers are skilled specialists who are able to commence work quickly, are highly skilled in their specialist area, and bring with them a wealth of experience which the Council can benefit from in the short term.”

Councillor Williamson put a supplementary question about the openness and transparency of the appointment process to the post of Assistant Chief Executive:

“Does the leader realise that by abandoning our fair and open recruitment policies, she is entering the murky waters where secrecy, discrimination and favouritism may well occur?”

Councillor Blamire replied that she honestly did not believe that was true. She thought that the way things had been done was for very good reasons and according to the legal process. The Assistant Chief Executive’s post was opened up to the current Chief Officers for consideration, before it was advertised externally via Hays, a recruitment agency used widely in the public sector.  She said that the emails Councillor Peter Williamson had referred to in his question related to the discussions about extending the fixed term appointment to over one year, which was after the current Assistant Chief Executive was appointed.  The position would be advertised once Personnel Committee had considered the matter. The Personnel Committee had talked about this at its meeting on 10 April.

Cllr Williamson wished to put a further question, which was which was to ask what the Personnel Committee had decided. Having already asked his question and supplementary, in accordance with Council Procedure Rules, Councillor Blamire did not take this further question. However the CE agreed to supply a written response to all Councillors.

Councillor Blamire provided some further information on process followed for the initial one year appointment to the Assistant Chief Executive post:

“Personnel Committee delegated responsibility to the Chief Executive for the decision to  ...  view the full minutes text for item 136.

To receive the Minutes of Meetings of Cabinet held 7^th February and 13^th February 2018 (item deferred from the last meeting on 28 February 2018). 

Council considered the Cabinet minutes of the meetings held on 7 and 13 February 2018, deferred from the last meeting of Council. The Leader responded to Members’ questions.

Resolved:

That the minutes be noted.

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

Resolved:

That the report be noted. 

To receive the Annual Report of the Mayor.

In accordance with Article 5.02(g) of the Constitution, the Mayor presented his Annual Report for 2017/18. 

Councillor Bryning gave a speech thanking the Mayor. Councillor Warriner thanked the Deputy Mayor Councillor Bateson and his Deputy Mayoress.

Resolved:

That the report be received.

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.

In accordance with Article 7.06(k), the Leader and each Member of Cabinet had produced a written progress report for 2017/18. 

The Leader presented her annual report and answered a number of questions. In response to a question from Councillor Caroline Jackson, she agreed that Democratic Services would provide any further information that might be available on the breakdown of empty properties identified during the annual canvass for electoral registration.

Councillors Clifford, Hanson, Hughes, Pattison, Warriner and Whitehead then presented their annual reports and responded to Members’ questions.

Councillor Hamilton-Cox asked Councillor Clifford if the latest financial information for Salt Ayre Leisure Centre could be shared with all Councillors; also if a short briefing note on charging points for electric vehicles could be drafted and circulated. Councillor Clifford agreed to supply both.

Referring to Councillor Hanson’s report, Councillor Hartley asked if the Masterplan for Heysham Gateway could be shared with Members. Councillor Hanson agreed to that request. She also agreed to look again at the old Frontierland site in Morecambe, at the request of Councillor Hamilton-Cox.

Councillor Hughes agreed to supply Councillor Hamilton-Cox with an explanation of the mention in his report (under “Repairs and Maintenance”) about dealings with the administrators of Carillion and what effect that had on new build council housing.

Councillor Hamilton-Cox asked Councillor Whitehead, on the topic of Community Wealth Building, whether the Centre for Local Economic Strategies (CLES) would have involvement, as had been referred to in the budget papers. Cllr Whitehead replied yes, that CLES had been invited to Lancaster to make a presentation. Councillor Hamilton-Cox asked whether the presentation would be to Council or Cabinet or some other body? Councillor Whitehead replied to say that she would inform Councillor Hamilton-Cox about those details, once known.

Councillor Leyshon was unable to be present at the meeting. His report was deferred to the next council meeting.

Resolved:

That the reports of the Leader of the Council and Cabinet Members, Councillors Clifford, Hanson, Hughes, Pattison, Warriner and Whitehead, be received.

To receive the Annual Report of the Audit Committee.

In accordance with Section 8.13 of Part 3 of the Council’s Constitution, the Chairman, Councillor Abbott Bryning, presented the 2017/18 Annual Report of the Audit Committee.

Resolved:

That the report be received.  

To receive the Annual Reports submitted by the Council’s Champions.

In accordance with Part 6, Section 5 of the Constitution, annual reports were presented to Council by the Member Champions: Councillor Scott (Veterans’ Champion); Councillor Brown (Champion for Young People) and Councillors Cozler and Guilding (Champions for the Disabled).

Resolved:

That the reports be received.

To consider the report of Audit Committee.

Council considered a report of the Audit Committee seeking approval to revised terms of reference for the Committee.

The Chairman of the Audit Committee, Councillor Bryning, presented the Committee’s report regarding changes to its terms of reference.

Councillor Bryning, seconded by Councillor Hartley, proposed:

“(1)    That the Audit Committee’s Terms of Reference are amended by inserting, after 8.22, a new 8.23 as set out below, and to renumber the existing 8.23 as 8.24.

(2)     “8.23 – To undertake the annual review of the Council’s use of the Regulation of Investigatory Powers Act 2000 (RIPA), ensuring compliance with the Code of Practice.”

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

Resolved:

(1)     That the Audit Committee’s Terms of Reference are amended by inserting, after 8.22, a new 8.23 as set out below, and to renumber the existing 8.23 as 8.24.

(2)     “8.23 – To undertake the annual review of the Council’s use of the Regulation of Investigatory Powers Act 2000 (RIPA), ensuring compliance with the Code of Practice.

To consider the report of the Chief Officer (Environment)

The Chief Officer (Environment) submitted a report providing an update to Council on the work undertaken so far by the Reducing Plastic Bottles and Disposable Cups Working Party and requiring approval for the location of two drinking water fountains.

Regarding the proposal to locate one water fountain in Williamson Park and the other in Happy Mount Park, the Chief Officer (Environment) clarified that the funding for this would be met by the Park’s budget. There were plans to locate a water fountain in Carnforth and the costs for that would be met through the additional budget of £30k had been agreed at the budget council meeting.

Councillor Hughes, seconded by Councillor Parr, proposed:

“(1)    That Council notes the work of the Reducing Plastic Bottles/ Disposable Cups Working Group to date.

(2)     That Council approves the location of drinking water fountains in Williamson Park and Happy Mount Park, using existing budgets.

(3)     That Council thanks the local businesses and Lancaster University Staff who have contributed to the work of the group via the Low Carbon Innovation Forum.”

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

Resolved:

(1)     That Council notes the work of the Reducing Plastic Bottles/ Disposable Cups Working Group to date.

(2)     That Council approves the location of drinking water fountains in Williamson Park and Happy Mount Park, using existing budgets.

(3)     That Council thanks the local businesses and Lancaster University Staff who have contributed to the work of the group via the Low Carbon Innovation Forum.

Group Administrators to report any changes to Committee Membership.

The Mayor asked Group Administrators if they wished to make any changes or appointments to Committee Memberships.

Councillor Clifford nominated Councillor Metcalfe as a substitute member for the Overview and Scrutiny Committee, which was approved by Councillors.

Resolved:

That Councillor Terrie Metcalfe be appointed as a named substitute member for the Overview and Scrutiny 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 5 questions had been received by the Chief Executive in accordance with Council Procedure Rules, as follows:

(1)      Councillor Brookes to Councillor Leyshon regarding visitor parking permits.

(2)      Councillor Peter Williamson to Councillor Blamire regarding a report on the Personnel Committee agenda of 3 April 3018.

(3)      Councillor Peter Williamson to Councillor Blamire regarding costs to the Council as a result of the decision to end the discussions with British Land.

(4)      Councillor Hamilton-Cox to Councillor Hanson regarding the Centre for Local Economic Strategies.

(5)      Councillor Hamilton-Cox to Councillor Hanson regarding the district’s annual housing target.

It was noted that Councillor Leyshon, who could not be present at the meeting, would provide a written response to Councillor Brookes.

Councillor Peter Williamson withdrew his question regarding costs to the Council as a result of the decision to end the discussions with British Land as this issue had been addressed during the report about the Canal Corridor (minute 134 refers). He asked Councillor Blamire the question regarding the Personnel Committee agenda, as follows:

‘At the meeting of the Personnel Committee on 3 April 2018, it was stated on the report about interims on the published agenda that ‘This report has been approved by the Monitoring Officer’.  

Can the Leader of the Council outline the circumstances surrounding that statement i.e. did Mr Brown (the Monitoring Officer appointed at our last Council meeting on 28 February 2018) in fact endorse that agenda item as Monitoring Officer and approve the inclusion of those comments?’

Councillor Blamire replied:

“The Monitoring Officer considered his role and advised the report author by email that the report should be further considered by the Deputy Monitoring Officer. Unfortunately a misunderstanding arose and the final version of the report was not provided to the Deputy Monitoring Officer.

The report provided for delegation only to the Chief Executive and not to any interim officer. The error was therefore of a minor, non-material nature.

To ensure good governance the report was resubmitted to Personnel Committee on 10 April 2018, having been further considered by the S.151 Officer and the Deputy Monitoring Officer.”

Councillor Peter Williamson said the point that concerned him was not about personalities, but that the Monitoring Officer presumably had a pecuniary interest, as an interim member of staff, and had decided it was not appropriate to him to comment. Councillor Blamire had said the report was not passed to the Deputy Monitoring Officer, who was a council employee. The HR Manager, who had prepared the report, was himself an agency worker and would also perhaps have had a pecuniary interest in the matter. Was that correct?

Councillor Blamire said that there had a misunderstanding, and the report, which should have gone to the Deputy Monitoring Officer was not provided to her. So to ensure good governance, it was further considered by the Personnel Committee on 10 April 2018 with comments from the Deputy Monitoring Officer and the Section 151 Officer, correcting the misunderstanding. 

Councillor Hamilton-Cox agreed  ...  view the full minutes text for item 146.

To consider the following motion submitted by Councillors Frea and Clifford:-

This Council acknowledges;

·                the historic commitments made at the 2015 United Nations Climate Change Conference in Paris toward the future of renewable energy;

·                our responsibility to help secure an environmentally sustainable future for our residents and in relation to the global effects of anthropogenic climate change.

 This Council subsequently notes that;

·                despite the Paris Agreement placing no binding commitments upon Local Government institutions, we as a Council can still play our part in the global movement towards a sustainable energy future;

·                additional benefits of the development of green industries include the potential for create well-paid, high-skilled employment locally, regionally and nationally;

·                the UK100 Agreement pledge outlines the ambition for the UK regions to exceed the Paris Climate targets through achieving 100% ‘clean energy’ usage by 2050.

 In light of this, this Council, therefore, resolves to;

·                match the ambitions of the UK100 Agreement by pledging to achieve 100% clean energy across Lancaster City Council’s Council’s full range of functions by 2050.

·                work in partnership with our residents and business community to deliver against the commitments made nationally and internationally at the 2015 Paris Summit;

·                turn these commitments into reality through developing a ‘route map’ to a sustainable future, working together with the business, educational and residential communities of Lancaster and Morecambe as part of an integrated approach to a shared sustainable future.

An officer briefing note is attached.

Due to the lateness of the hour, the Mayor proposed that this item and receiving the minutes of the Cabinet meeting held on 20^th March 2018 (item 22) be deferred.

Councillor Hamilton-Cox, seconded by Councillor Brookes, proposed that the motion on notice be dealt with, however a vote on that proposition did not receive sufficient support and the Mayor announced that the Climate Change motion would be deferred.

To receive the Minutes of the Meeting of Cabinet held 20^th March 2018. 

This item was deferred to the next suitable meeting (see minute 148, above).