Agenda and draft minutes

Council
Monday, 18th May 2020 6.00 p.m.

Venue: Virtual meeting

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

Note: PLEASE NOTE THIS WILL BE A VIRTUAL MEETING - link to the meeting - you will need to have downloaded microsoft Teams to view: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFmODUyZjQtZmVmMy00MzFkLTkxZDItNDQ5NDUxOWQ2ZDlj%40thread.v2/0?context=%7b%22Tid%22%3a%2261b49b28-22c1-4c9b-8830-70288744880e%22%2c%22Oid%22%3a%220da7cf21-4021-4eb1-b50b-5de1ed62368b%22%2c%22IsBroadcastMeeting%22%3atrue%7d  

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Abbott Bryning, Faye Penny and Michael Mumford.

2.

VOTE OF THANKS

To give a vote of thanks to the retiring Mayor.

Minutes:

A vote of thanks to the retiring Mayor was moved by Councillor Redfern and seconded by Councillor Thomas.

 

The proposition was clearly carried, with no one expressing any wish to vote against.

 

The retiring Mayor responded, making reference to the very difficult circumstances faced in the district and beyond during the last few months of his Mayoral year, due to the onset of the coronavirus pandemic.

 

Resolved:

 

(1)            That the best thanks of the City Council be conveyed to the retiring Mayor, Councillor David Whitaker for the service rendered to the City during 2019/20 and for presiding over the deliberations of the City Council during that period.

 

3.

ELECTION OF MAYOR

To elect the Mayor of the City of Lancaster for the ensuing year.

Minutes:

It was moved by Councillor Gardiner and seconded by Councillor Redfern that Councillor Malcolm Thomas be elected Mayor of the City of Lancaster for the ensuing municipal year.

 

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

 

Resolved:

 

That Councillor Malcolm Thomas be elected Mayor of the City of Lancaster for the ensuing municipal year.

 

Councillor Thomas then made a Declaration of Acceptance of Office. It was noted that both the Mayor and Chief Executive would sign the book at a later date, as required by Section 83(3) of the Local Government Act 1972 as amended (the Chief Executive being the proper officer of the Council).

 

The newly appointed Mayor then took the Chair.

 

The Mayor expressed his grateful thanks to Councillors.

4.

ELECTION OF DEPUTY MAYOR

To elect a Deputy Mayor for the ensuing year.

Minutes:

The Mayor informed Council that he had chosen Councillor Joan Jackson to be his Deputy Mayor.

 

Councillor Guilding proposed:-

 

“That Councillor Joan Jackson be elected Deputy Mayor of the City of Lancaster for the ensuing municipal year”.

 

The proposition was seconded by Councillor Hanson. 

 

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

 

Resolved:

 

That Councillor Joan Jackson be elected Deputy Mayor of the City of Lancaster for the ensuing municipal year.

 

Councillor Joan Jackson thereupon made the Declaration of Acceptance of Office. It was noted that both the Deputy Mayor and the Chief Executive would sign the book at a later date, as required by Section 83(3) of the Local Government Act 1972 as amended (the Chief Executive being the proper officer of the Council).   

 

5.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 28 April 2020 (previously circulated). 

Minutes:

6.

ANNOUNCEMENTS

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

Minutes:

The Mayor announced that his chosen charity for his mayoral year would be Bay Hospitals Charity for the Royal Lancaster Infirmary, University Hospitals of Morecambe Bay NHS Foundation Trust. He would also continue the work of the retiring Mayor, Councillor Whitaker, supporting Defying Dementia.

7.

DECLARATIONS OF INTEREST

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors 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, Councillors 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, Councillors 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:

No declarations of interest were made.

8.

Executive Arrangements pdf icon PDF 189 KB

To consider the report of the Leader (report published on 14 May 2020)

Additional documents:

Minutes:

The Leader presented a report to Council on the delegation of executive functions, in accordance with Rule 2 of Part 3, Section 2 of the Constitution, the Cabinet Procedure Rules.

 

It was noted that the focus of work, as a result of the COVID-19 crisis, might lead to amendments in the coming weeks or months. Any such amendments would be  reported to Council as appropriate.

 

Resolved:

 

That the report be noted.

9.

Non-Executive Delegations

Council is recommended to approve the non-executive scheme of delegation to officers contained in the Constitution (this is included in the appendix to the report for Item 9, above).

Minutes:

The Council’s non-executive scheme of delegations to officers was considered. The scheme was included with the executive scheme of delegations in the Council’s Constitution, which formed the appendix to the previous report.

 

Councillor Brookes, seconded by Councillor O’Dwyer-Henry, proposed that the non-executive scheme of delegations to officers be approved.

 

No one wished to vote against the proposition, therefore it was clearly carried.

 

Resolved:

 

That the non-executive scheme of delegations to officers be approved.

10.

Allocation of Seats to Political Groups pdf icon PDF 301 KB

To consider the report of the Democratic Services Manager. (Due to changes in the political composition of the Council, a revised report was published on 15 May 2020.)

Minutes:

The Democratic Services Manager submitted a report to advise Council of the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989. This was to allow Council to appoint to Committees as required at the annual meeting, as set out in Part 3, Section 1, Paragraph 1 (h) of the Constitution.

 

The group referred to in the report as the ‘new group’ had made it known that they wished to use the title ‘Independent Group’.

 

Councillor Hanson proposed “That the recommendation, as set out in the report, be approved.” The proposition was seconded by Councillor Wood.

 

There was no debate and no Councillor indicated a wish to vote against the proposition, when asked by the Mayor. The proposition was, therefore, clearly carried.

 

Resolved:

 

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 the report, including the adjustments set out in paragraph 5 of the report.

11.

Appointment of Overview and Scrutiny and Committee Members pdf icon PDF 158 KB

To receive nominations and appoint Members to serve on the under-mentioned Overview and Scrutiny bodies and Committees, in accordance with the political balance arrangements agreed at Item 11. 

 

(a)          Overview and Scrutiny Committee (9 members)

(b)          Budget and Performance Panel (9 members)

(c)          Planning Regulatory Committee (15 members)

(d)      Licensing Committee (10 members)

(e)      Personnel Committee (7 members)  

(f)       Appeals Committee (7 members)   

(g)      Audit Committee (7 members)  

(h)      Standards Committee (7 members)   

(i)       Council Business Committee (7 members)

Minutes:

The Mayor noted that, prior to the meeting, groups had notified Democratic Services of the names of Councillors to serve on each of the Council’s Committees and Overview and Scrutiny bodies. Democratic Services had then circulated the list to all Councillors.

 

Councillor Wood, seconded by Councillor O’Dwyer-Henry, proposed that the circulated list of memberships be approved.

 

There was no debate. The Mayor asked if anyone wished to vote against the proposition. No one indicated that they did. Consequently, the Mayor announced the proposition clearly carried.

 

Resolved:

 

That the appointments shown on the circulated list of memberships be approved.

(The list is appended to the minutes)

 

 

 

 

12.

Appointment of Chairs

To receive nominations and appoint a Chair to each of the under-mentioned bodies noting that, in accordance with the Council’s Constitution, Part 2, Sections 9 and 10, only non-Cabinet Members are entitled to vote on (a) and (b) below:

 

(a)    Overview and Scrutiny Committee – Chair shall not be a member of the largest

         political group represented on Cabinet.

(b)     Budget and Performance Panel – Chair shall not be a member of the largest 

         political group represented on Cabinet.

(c)     Planning Regulatory Committee

(d)     Licensing Committee

(e)     Personnel Committee 

(f)      Appeals Committee

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

          body.

(h)      Standards Committee

(i)       Council Business Committee

Minutes:

Democratic Services had been notified that informal agreement had been reached by the political groups on Chairs of all Committees, save for the Overview and Scrutiny Committee.

 

For the Overview and Scrutiny Committee, it was noted that Cabinet Members could not propose, second or vote on the Chair as this was not permitted by the Council’s Constitution.

 

Councillor Geoff Knight proposed Councillor Health as Chair of the Overview and Scrutiny Committee. The nomination was seconded by Councillor Matthews.

 

Councillor Evans was then nominated for the Chair by Councillor Cleet, seconded by Councillor Clifford.

 

A vote was taken. With Councillor Heath securing 23 votes, Councillor Evans 6 votes and 17 abstentions, the Mayor declared Councillor Heath appointed as Chair of the Overview and Scrutiny Committee.

 

Councillor Duggan was nominated and seconded for the Chair of Budget and Performance Panel by Councillors Gardiner and Guilding respectively. There were no further nominations, therefore Councillor Duggan was appointed.

 

Finally, the informally agreed list was proposed by Councillor Wood, seconded by Councillor O’Dwyer-Henry, as follows:-

 

Councillor Thornberry – Planning Regulatory Committee

Councillor Hartley – Licensing Committee

Councillor Robinson – Personnel Committee

Councillor Black – Appeals Committee

Councillor Stubbins – Audit Committee

Councillor King – Standards Committee

Councillor Pritchard – Council Business Committee.

 

No one indicated a wish to vote against the proposition when prompted by the Mayor. The nominations were therefore approved and all those named were appointed for the coming year.

 

Resolved:

 

That the following Councillors be appointed Chairs of the following bodies for 2020/21:-

 

Councillor Heath – Overview and Scrutiny Committee

Councillor Duggan – Budget and Performance Panel

Councillor Thornberry – Planning Regulatory Committee

Councillor Hartley – Licensing Committee

Councillor Robinson – Personnel Committee

Councillor Black – Appeals Committee

Councillor Stubbins – Audit Committee

Councillor King – Standards Committee

Councillor Pritchard – Council Business Committee.

  

 

13.

Appointment of a Veterans' Champion

To appoint a Councillor to the role of Veterans’ Champion for the municipal year 2020/2021.

Minutes:

The Mayor noted that this item had been withdrawn. The Veterans’ Champion role had been appointed to in May 2019 for a full term of office, until the next elections in May 2023.

14.

Appointment of a Disability Champion

To appoint a Councillor to the role of Disability Champion for the municipal year 2020/2021. This is a role created by a motion to council on 13 November 2019 to “work with the portfolio holder for Communities & Social Justice and support the Lancaster City Council Wellbeing Advisory Group in its exploration of wellbeing and social justice issues in the district. 

 

Minutes:

Council considered the appointment of a Disability Champion. The role was specifically to work with the Portfolio Holder for Communities and Social Justice, and support the Lancaster City Council Wellbeing Advisory Group in its exploration of wellbeing and social justice issues in the district.

 

It was noted that Councillor Guilding had been appointed Disability Champion when the role was first created towards the end of 2019 and that the term of office had been for the remainder of the 2019/20 municipal year.

 

Councillor Clifford, seconded by Councillor Wood, proposed that the term of office of Disability Champion be amended to match the term of office of the Veterans’ Champion.

 

There was no debate, and no one expressed a wish to vote against the proposition when prompted by the Mayor. In view of this, the proposition was clearly carried.

 

At this point, Councillor Gardiner, seconded by Councillor Sinclair, nominated Councillor Guiding be appointed to the role of Disability Champion for 2020/21 to 2022/23.

 

No further nominations were put forward, therefore the Mayor announced Councillor Guilding appointed.

 

Resolved:

 

(1)   That the term of office of the Disability Champion be amended to match the term of office of the Veterans’ Champion.

 

(2)   That Councillor Guiding be appointed to the role of Disability Champion for 2020/21 to 2022/23.

 

 

15.

APPOINTMENTS TO OUTSIDE BODIES, PARTNERSHIPS AND BOARDS pdf icon PDF 229 KB

To consider the report of the Democratic Services Manager.

Additional documents:

Minutes:

The Democratic Services Manager submitted a report to allow Council to consider its appointments to outside bodes, partnerships and boards. The appointments which had been made at the Annual Council meeting in 2019, were appended to the report. Two vacancies were detailed in the report, one on the Lancashire Health Scrutiny Committee and one on the Heysham Nuclear Power Station Local Community Liaison Council.

 

The Mayor informed Councillors that four more vacancies had been reported to Democratic Services since the report had been drafted. Members had stepped down from the following bodies:

 

·       Preston and Western Lancashire Racial Equality Council

·       George Fox School Educational Charity

·       Forest of Bowland Area of Outstanding Natural Beauty (AONB)

·       Relate Lancashire – Lancaster District

 

In advance of the meeting, the following nominations had been put forward with informal agreement of all groups on the Council:

 

Councillor Dowding for the Lancashire Health Scrutiny Committee; Councillor Young for the George Fox School Educational Charity and Councillor Pritchard for the Forest of Bowland AONB.

 

Councillor Wood, seconded by Councillor Dant, formally nominated the three Councillors for those positions en bloc.

 

There were no further nominations for any of those vacancies. The Mayor declared the three Members appointed.

 

Councillor Cleet then nominated Councillor Jenkins for the vacant place on the Heysham Nuclear Power Station Local Community Liaison Council. Councillor Clifford seconded the nomination. There were no further nominations. The Mayor declared Councillor Jenkins appointed.

 

There were no nominations for Relate Lancashire – Lancaster District or for the Preston and Western Lancashire Racial Equality Council.

 

Councillor Wood then proposed recommendations (1) and (3) as set out in the report. These were (1) to re-confirm the other appointments set out in the Appendix to the report; and (3) to confirm that all appointments made or re-confirmed at this meeting would extend until the next City Council elections in 2023. Councillor O’Dwyer-Henry seconded the proposition. No one expressed a wish to debate or vote against the proposition when asked by the Mayor. The proposition was, therefore, clearly carried.

 

Resolved:

 

(1)           That the following Councillors be appointed to fill vacancies:

 

·                Councillor Dowding - Lancashire Health Scrutiny Committee

·                Councillor Young - George Fox School Educational Charity

·                Councillor Pritchard - Forest of Bowland AONB

·                Councillor Jenkins - Heysham Nuclear Power Station Local Community Liaison Council

 

(2)            That Council re-confirms all other appointments to outside bodies as set out in Appendix 1 of the report.

 

(3)            That all appointments made or re-confirmed at this meeting shall extend until the next City Council Elections in 2023.

 

The full list of appointments is appended to the minutes.

 

 

 

 

16.

Councillor John Wild pdf icon PDF 271 KB

Report of the Standards Committee deferred from the Council meeting held on 18 March 2020.

Minutes:

The Chair of the Standards Committee, Councillor Mandy King, presented a report to inform Council of the findings of the Committee, and the sanctions imposed, following a hearing regarding breaches of the Councillors’ Code of Conduct by Councillor John Wild.

 

Resolved:

 

That the report be noted.

17.

Committee Timetable 2020/2021 - Proposed amendments to Audit Committee meeting dates pdf icon PDF 219 KB

Report of the Democratic Services Manager.

Minutes:

The Democratic Services Manager submitted a report to allow Council to amend the dates of the Audit Committee meetings scheduled for 2020/21.

 

This was necessary because the deadline dates for the publication of certain financial statements had changed since the agreement of the committee timetable.

 

Councillor Stubbins, seconded by Councillor Geoff Knight, proposed that the dates of the scheduled meetings be amended as set out in the report.

 

There was no indication from any member that they wished to vote against this proposition, therefore the Mayor declared it clearly carried.

 

Resolved:

 

That the scheduled Audit Committee meetings for 2020/21 be amended as follows:

 

·       The meeting on 10th June 2020 to be removed; that business to be considered at the meeting date already scheduled for 22nd July 2020.

·       An additional meeting to be held on 26th August 2020.

·       The meeting set for 17th February 2021 to be re-scheduled and held on 24th March 2021.