Agenda and minutes

Council
Monday, 20th May 2019 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

8.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Stewart Scothern, Katie Whearty and John Wild.

9.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 10 April 2019 (previously circulated). 

Minutes:

The Mayor asked Councillors if they would like to agree the minutes of the meeting held on 10 April 2019 as a correct record.

 

Councillor Joan Jackson pointed out that, regarding Minute 166, officers had reported that the cost of the investigation into a leak of sensitive information was £4,500. This had not been minuted, as requested. Councillor Joan Jackson asked that this omission be rectified.

 

Subject to this amendment, the minutes were signed by the Mayor as a correct record.

 

 

10.

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 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. 

 

Minutes:

Members advised of the following interests at this stage:

 

Councillor Dennison declared a personal interest in relation to item 15, Appointment of a Veterans’ Champion, in view of his involvement on the organising committee for Armed Forces Day in Morecambe and Kendal.  (Minute No. 20 refers.)

 

The Mayor and the Deputy Mayor both declared personal interests in relation to item 16, Appointments to Outside Bodies as members of the board of the North Lancashire Citizens’ Advice Bureaux. (Minute No. 21 refers.)

11.

ANNOUNCEMENTS

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

Minutes:

The Mayor welcomed all newly elected Councillors to the City Council. He announced that his first Mayoral fund-raising event, a wine tasting event, kindly sponsored by the Co-op, would be held at Lancaster Town Hall on 13 June 2019. Tickets, priced £10 each, were available from Jenny Kay in Democratic Services.

 

The Mayor then thanked those Councillors who had attended his Mayor’s Sunday service on Sunday 19 May 2019. He also extended thanks to the Reverend Chris Newlands for his sermon and to the Priory Choir for their excellent singing.

12.

CITY COUNCIL ELECTIONS 2 MAY 2019 pdf icon PDF 89 KB

To consider the report of the Returning Officer setting out the results of the City Council elections held on 2 May 2019.

Minutes:

Council noted the report of the Returning Officer setting out the results of the City Council Elections held on 2 May 2019.

13.

SENIORITY OF MEMBERS pdf icon PDF 52 KB

To consider the report of the Chief Executive, setting out the seniority of Members of the City Council following the elections.

Minutes:

The Chief Executive submitted a report which set out the Seniority of Members on the City Council, following the draw made by the Mayor on 10 May 2019.  Council noted the report.

 

At this point in the meeting, Councillor Lewis requested that the meeting be adjourned. The Mayor agreed to her request.

 

Council adjourned at 6.35pm and reconvened at 6.45pm.

 

The Mayor noted that several Councillors had asked for an explanation for the adjournment and he invited Councillor Lewis to give her reasons. Councillor Lewis said that officer advice, which she had been provided with the week before the meeting, had changed and the matter required further discussion.

 

It transpired that matters would, in fact, require a further adjournment for advice to be sought from the Monitoring Officer and for discussions to continue between some of the political groups. The Mayor granted the further adjournment.

 

Council adjourned at 6.50pm and reconvened at 7.00pm.

 

14.

Constitution of Political Groups pdf icon PDF 47 KB

To receive a list, compiled by Democratic Services, setting out the Political Groups constituted in accordance with the Regulation of the Local Government (Committees and Political Groups) Regulations 1990.

Minutes:

Members noted the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

15.

Allocation of Seats to Political Groups pdf icon PDF 92 KB

To consider the report of the Chief Executive.

Additional documents:

Minutes:

The next report on the agenda set out the calculation in accordance with the provisions of Section 15 of the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations 1990, which had been carried out using the method of calculation agreed by Council on 10 April 2019.

 

It was moved by Councillor Lewis and seconded by Councillor Wood:

 

“That Council Procedure Rule 18.1 be suspended for the following item of business.”

 

It was noted that a motion to suspend a Council Procedure Rule could be moved without notice. Council Procedure Rule 18.1 related to the requirement to have a notice of motion, signed by at least 15 Councillors, in order to rescind a decision made at a meeting of Council within the past six months.

 

In response to further questions, Councillor Lewis explained that the decision to be rescinded was the decision, taken at the last Council meeting on 10 April 2019, to adopt a local method for calculation of political balance using a 60 seat grouping of all standing committees except the overview and scrutiny bodies and the ad hoc Chief Executive Recruitment Committee. Instead, the rules set out in s. 15(5) of the Local Government and Housing Act 1989 would be used to achieve the required balance across all standing committees, this being the default position when no local method is used.

 

Debate followed on the proposal, which would give 78 seats to 60 Councillors (the full calculation is appended to the minutes). It would require Labour to pass across two seats; the MBI and Green Groups to pass across one seat each. From the four seats passed across, the Conservative and Liberal Democrat Groups would gain two seats each.

 

Councillor Geoff Knight requested a recorded vote in accordance with the requirements of Council Procedure Rule 19.4.

 

Before the vote was taken, there was further debate. Councillor Heath asked for written legal advice on the issue. The Monitoring Officer gave advice verbally and agreed to follow this up in writing.

 

At the conclusion of the debate, the Mayor called for a recorded vote.

 

The votes were recorded as follows:

 

For the motion

Councillors Bannon, Biddulph, Black, Brookes, Bryning, Carrington, Clifford, Dant, Dowding, Frea, Greenwell, Hamilton-Cox, Hanson, Hartley, Caroline Jackson, King, Lewis, Mills, Mumford, O’Dwyer-Henry, Parr, Penny, Pritchard, Redfern, Reynolds, Robinson, Sinclair, Stubbins, Thornberry, Whitaker, Whitehead, Wood and Young (33).

 

Against the motion

Anderson, Anderton, Austen-Baker, Boyd-Power, Barber, Budden, Cleet, Dennison, Duggan, Evans, Firth, Goodwin, Greenall, Guilding, Heath, Joan Jackson, Jenkins, Geoff Knight, Sarah Knight, Matthews, Smith, Stubbins, Whitworth and Yates (24).

 

There were no abstentions.

 

With 33 voting for the motion and 24 against, the Mayor declared the motion carried.

 

Resolved:

 

(1)          That Council Procedure Rule 18.1 be suspended to rescind the decision, taken at the last Council meeting on 10 April 2019, to adopt a local method for calculation of political balance using a 60 seat grouping of all standing committees except the overview and scrutiny bodies and  ...  view the full minutes text for item 15.

16.

APPOINTMENT OF THE LEADER

To receive nominations and elect the Leader of the Cabinet/Leader of the Council in accordance with the provisions of the Constitution set out below:-

 

“The Leader will be a Councillor elected for a two year term to the position of Leader by simple majority of the Council.  In the event that only one nomination is put forward a vote will still be taken.”

 

Minutes:

The Mayor asked for nominations for Leader of the Council for the municipal years 2019/20-2020/21.

 

Councillor Brookes nominated Councillor Lewis, seconded by Councillor Frea. Councillor Joan Jackson nominated Councillor Barber; Councillor Thomas seconded her nomination.

 

A recorded vote was called for in accordance with the requirements of Council Procedure Rule 19.4

 

Votes for Councillor Lewis were recorded as follows:

 

For

Councillor Bannon, Biddulph, Black, Brookes, Bryning, Carrington, Clifford, Dant, Dowding, Frea, Greenwell, Hamilton-Cox, Hanson, Hartley, Caroline Jackson, King, Lewis, Mills, Mumford, O’Dwyer-Henry, Parr, Penny, Pritchard, Redfern, Reynolds, Robinson, Sinclair, Stubbins, Thornberry, Whitaker, Whitehead, Wood and Young (33).

 

Against

Councillors Anderton, Austen-Baker, Barber, Budden, Cleet, Duggan, Evans, Guilding, Heath, Joan Jackson, Smith, Thomas, Whitworth, Yates (14).

 

Abstentions

Councillors Anderson, Boyd-Power, Dennison, Firth, Goodwin, Greenall, Jenkins, Geoff Knight, Sarah Knight and Matthews (10).

 

Votes for Councillor Barber were recorded as follows:

 

For

Councillors Anderton, Austen-Baker, Barber, Budden, Cleet, Duggan, Evans, Guilding, Heath, Joan Jackson, Geoff Knight, Matthews, Smith, Thomas, Whitworth, Yates (16).

 

Against

Councillor Bannon, Biddulph, Black, Brookes, Bryning, Carrington, Clifford, Dant, Dowding, Frea, Greenwell, Hamilton-Cox, Hanson, Hartley, Caroline Jackson, King, Lewis, Mills, Mumford, O’Dwyer-Henry, Parr, Penny, Pritchard, Redfern, Reynolds, Robinson, Sinclair, Stubbins, Thornberry, Whitaker, Whitehead, Wood and Young (33).

 

Abstentions

Councillors Anderson, Boyd-Power, Dennison, Evans, Firth, Goodwin, Greenall, and Sarah Knight (8).

 

Councillor Lewis was appointed Leader of the Council.

 

Resolved:

 

(1)        That Councillor Lewis be appointed Leader of the Council for the municipal years 2019/20-2020/21.

 

17.

Executive arrangements and the scheme of delegation to officers pdf icon PDF 67 KB

To consider the report of the Monitoring Officer.

Additional documents:

Minutes:

Council considered a report of the Monitoring Officer on Executive arrangements and the scheme of delegation to officers.

 

The Leader presented to Council the names and portfolio areas of her Cabinet, as shown below. She had appointed Councillor Frea as her Deputy Leader. 

 

 

           Leader - Cllr Erica Lewis

Deputy Leader

Cllr Kevin Frea

Particular responsibility for coordinating the response to the climate emergency across all portfolios

Cllr Dave Brookes

Environmental Services

Cllr Tim Hamilton-Cox

Economic Regeneration

Cllr Janice Hanson

Resources

Cllr Caroline Jackson

Housing

Cllr Jean Parr

Arts, Culture, Leisure and Tourism

Cllr John Reynolds

Planning

Cllr Alistair Sinclair

Communities and Social Justice

Cllr Anne Whitehead

Finance

 

It was proposed by Councillor Reynolds and seconded by Councillor Wood:

 

“(1)      That the report be noted and the current scheme of delegation to officers be confirmed.

 

(2)       That the appointment of Councillors Brookes, Hamilton-Cox, Hanson, Caroline Jackson, Parr, Reynolds, Sinclair and Whitehead as Cabinet Members be noted.

 

(3)        That the appointment of Councillor Frea as Deputy Leader be noted.”

 

There was no debate and the proposition was clearly carried.

 

Resolved:

 

(1)       That the report be noted and the current Scheme of Delegation to Officers be confirmed.

 

(2)       That the appointment of Councillors Brookes, Hamilton-Cox, Hanson, Caroline Jackson, Parr, Reynolds, Sinclair and Whitehead as Cabinet Members be noted.

 

(3)       That the appointment of Councillor Frea as Deputy Leader be noted.

 

 

18.

Appointment of Overview and Scrutiny Members

To receive nominations and appoint Councillors to serve on each of the following Overview and Scrutiny bodies in accordance with the political balance arrangements agreed at Item 9.

 

In accordance with the Council’s Constitution, only non-Cabinet Councillors are entitled to vote on this item.

 

(a)        Overview and Scrutiny Committee (9 Councillors)

 

(b)        Budget and Performance Panel (9 Councillors)

Minutes:

A list of Councillors nominated by several of the political groups for appointment to the Council’s Overview and Scrutiny bodies had been circulated at the commencement of the meeting. The list was reviewed in line with the change in the political balance calculation allocating seats to political groups (minute 15 refers). The Mayor gave group administrators the opportunity to put forward changes to the list and the Labour group administrator informed Members of the names the group wished to put forward to serve on the Council’s Committees.

 

The Mayor reminded Members that in accordance with the Council’s Constitution only non-Cabinet members were entitled to vote on this item.

 

The nominations made by the groups for appointment to the Overview and Scrutiny bodies were accepted by Council.

 

Resolved:

 

That the nominations made by the groups for appointment to the Overview and Scrutiny bodies be approved. The appointments to those bodies are set out in an Appendix to these minutes.

19.

appointment of committee members pdf icon PDF 77 KB

To receive nominations and appoint Members to serve on the under-mentioned Committees in accordance with the political balance arrangements agreed at item 9. The number of Councillors on each Committee is shown in brackets.

 

a)    Planning Regulatory Committee (15)

b)    Licensing Committee (10)

c)    Personnel Committee (7)

d)    Appeals Committee (7)

e)    Audit Committee (7)

f)     Standards Committee (7)

g)    Council Business Committee (7)

h)    Chief Executive Recruitment Committee (9)

 

Minutes:

A list of Councillors nominated by several of the political groups for appointment to the Council’s Committees had been circulated at the commencement of the meeting.

 

A number of amendments to that list were submitted by group administrators in light of the new calculation to effect political balance (minute 15 refers). The Labour group submitted their list of names for appointment.

 

The nominations put forward by the groups for appointment to Committees were accepted by Council.

 

Resolved:

 

That the nominations made by the groups for appointments to Committees of Council be approved. The appointments are set out in an Appendix to these minutes.

 

20.

Appointment of Chairs

Minutes:

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

 

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

 

In relation to the Overview and Scrutiny Committee, Councillor Heath was nominated by Councillor Geoff Knight, seconded by Councillor Dennison. There were no further nominations and  Councillor Heath was appointed Chair of the Overview and Scrutiny Committee. 

 

For the Budget and Performance Panel, Councillor Budden was nominated by Councillor Barber and seconded by Councillor Guilding.  No further nominations were put forward and the Mayor declared Councillor Budden Chair of the Budget and Performance Panel.

 

For the Planning Regulatory Committee, Councillor Budden was nominated by Councillor Barber, seconded by Councillor Joan Jackson. Councillor Thornberry was nominated by Councillor O’Dwyer-Henry, seconded by Councillor Redfern.  

 

On being put to the vote there were 24 votes for Councillor Budden and 33 votes for Councillor Thornberry. Councillor Thornberry was duly appointed Chair of the Planning  Regulatory Committee.

 

Three nominations were made for Chair of the Licensing Committee. Councillor Greenall was nominated by Councillor Geoff Knight, seconded by Councillor Dennison, Councillor Hartley was nominated by Councillor O’Dwyer-Henry, seconded by Councillor Redfern and Councillor Guilding was nominated by Councillor Barber, seconded by Councillor Joan Jackson.

 

On being put to the vote Councillor Hartley received a majority vote from 32 Members and was appointed Chair of the Licensing Committee.

 

Next, Councillor Robinson was proposed by Councillor O’Dwyer-Henry, seconded by Councillor Wood, for the Chair of the Personnel Committee. No further nominations were made and the Mayor declared Councillor Robinson Chair of the Personnel Committee.

 

In relation to the Appeals Committee, Councillor Wood was nominated by Councillor O’Dwyer-Henry, seconded by Councillor Black. Councillor Joan Jackson was nominated by Councillor Barber, seconded by Councillor Guilding.

 

Councillor Wood received 31 votes. This being a majority,  the Mayor declared Councillor Wood Chair of the Appeals Committee.

 

For the Audit Committee, Councillor Stubbins was nominated by Councillor Dowding, seconded by Councillor Young.  Councillor Thomas was nominated by Councillor Barber, seconded by Councillor Budden. Councillor

 

Stubbins received 31 votes. This being a majority,  Councillor Wood was appointed Chair of the Audit Committee.

 

Next, Councillor King was proposed by Councillor O’Dwyer-Henry, seconded by Councillor Wood, for the Chair of the Standards Committee. No further nominations were made and the Mayor declared Councillor King Chair of the Standards Committee.

 

In relation to the Council Business Committee, Councillor Joan Jackson was nominated by Councillor Barber, seconded by Councillor Guilding. There were no further nominations.. The Mayor declared Councillor Joan Jackson Chair of the Council Business Committee.

 

Finally, for the Chief Executive Recruitment Committee, Councillor Reynolds was nominated by Councillor O’Dwyer-Henry, seconded by Councillor Wood.  Councillor Barber was nominated by Councillor Whitworth, seconded by Councillor Joan Jackson.  Councillor Reynolds achieved a  ...  view the full minutes text for item 20.

21.

Appointment of a Veterans' Champion pdf icon PDF 72 KB

To receive nominations and appoint to the role of Veterans’ Champion. Only non-Cabinet Members shall be nominated to this role which is for a four year term.

Minutes:

The Mayor asked for nominations for a Veterans’ Champion for the municipal years 2019/20 to 2022/23.

 

Councillor Geoff Knight nominated Councillor Dennison and Councillor Heath seconded the nomination. Councillor Lewis nominated Councillor Clifford, seconded by Councillor Redfern. Councillor Dennison received a majority vote and was appointed to the role of Veterans’ Champion.

 

Resolved:

 

That Councillor Dennision be appointed Veterans’ Champion for the municipal years 2019/20 to 2022/23.

 

22.

Appointments to Outside Bodies, Partnerships and Boards pdf icon PDF 100 KB

To consider the report of the Director of Corporate Services

Additional documents:

Minutes:

The Director of Corporate Services submitted a report to allow Council to consider its appointments to outside bodies, partnerships and boards.

 

Councillor Brookes proposed, seconded by Councillor Mumford:

 

“That the basis of all appointments remain the same as set out in the appendices to the report, save for the Board of Trustees of the Lancaster Charity, where all political groups be asked to take up one of the six places.”

 

A vote was taken on the proposition which was clearly carried. Appointments to be made by virtue of a Members position would be referred to the appropriate body for appointment. Ward Councillor positions would be decided by agreement between the ward councillors involved.

 

Councillor Hamilton-Cox then proposed, seconded by Councillor Mumford:

 

“That Option 2, as set out in the report, be approved, to deal with appointments made by Council at the June Council meeting.”

 

This proposition was lost when put to the vote. The Mayor confirmed that Members would need to make the Council appointments straight away. He went through the list of appointments, seeking nominations for the Arnside and Silverdale AONB first.

 

Councillor Greenwell was nominated by Councillor Mumford, seconded by Councillor Black. There being no other nominations, Councillor Greenwell was appointed to the Arnside and Silverdale AONB.

 

For the Board of Lancaster District Chamber of Commerce, Councillor Barber nominated herself, seconded by Councillor Whitworth. Councillor Hartley nominated Councillor Hamilton-Cox, seconded by Councillor O’Dwyer-Henry. Councillor Cleet was nominated by Councillor Geoff Knight, seconded by Councillor Dennison. Councillor Hamilton-Cox received a majority vote and was the successful nominee.

 

The MBI group leader informed Council that his group did not wish to take one of the six places on the Board of Trustees of the Lancaster Charity. The following Members were appointed:

 

Councillor Brookes – nominated by Councillor Caroline Jackson, seconded by Councillor Dant.

 

Councillor Redfern – nominated by Councillor Wood, seconded by Councillor Robinson.

 

Councillor Biddulph – nominated by Councillor O’Dwyer-Henry, seconded by Councillor Hartley.

 

Councillor Pritchard – nominated by Councillor Mumford, seconded by Councillor Greenwell.

 

Councillor Budden – nominated by Councillor Barber, seconded by Councillor Guilding.

 

Councillor Frea – nominated by Councillor Wood, seconded by Councillor Robinson.

 

For the Forest of Bowland AONB Advisory Committee, Councillor Joan Jackson was nominated by Councillor Barber, seconded by Councillor Whitworth. Councillor Greenwell was nominated and seconded but then withdrew her nomination. Councillor Frea was nominated by Councillor Wood, seconded by Councillor O’Dwyer-Henry. With 25 votes for Councillor Joan Jackson and 29 votes for Councillor Frea, the Mayor declared Councillor Frea appointed to the Forest of Bowland AONB Advisory Committee.

 

For the Furness Line Community Railway Partnership, Councillor Yates was nominated by Councillor Barber, seconded by Councillor Guilding. Councillor Greenwell was nominated by Councillor Mumford, seconded by Councillor Robinson. Councillor Yates received 22 votes, Councillor Greenwell 30 votes. Councillor Greenwell was appointed to the Furness Line Community Railway Partnership.

 

Nominations were taken for the George Fox School Educational Charity next. Councillor Robinson was nominated by Councillor O’Dwyer-Henry, seconded by Councillor Wood. There were  ...  view the full minutes text for item 22.

23.

appointment of committee members