Agenda and draft minutes

Council - Monday, 17th May 2021 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Debbie Chambers, Democratic Services - email  dchambers@lancaster.gov.uk 

Items
No. Item

Before starting the meeting, the Mayor took some time to reflect on the terrible incident which had taken place in Mallowdale Avenue, Heysham, on Sunday morning where a number of people were injured and, tragically, two year old George Hinds lost his life. The thoughts of all Councillors were with those affected by the shocking event. The Mayor paid tribute to the brave emergency workers and the council staff who attended the scene, and to the local community who had rallied round to support each other. Councillors stood for one minutes' silence.

The Mayor welcomed everyone back to Morecambe Town Hall for the first of the socially distanced meetings in person. Councillors welcomed two newly elected Members, Councillor Jack Lenox, representing Bulk Ward and Councillor Stuart Morris, representing Kellet Ward.

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Stephie Barber, Andrew Gardiner, Jake Goodwin, Robert Redfern, Katie Whearty and David Whitworth. It was noted that Councillor Clifford would be late arriving.

 

2.

Vote of thanks

To give a vote of thanks to the retiring Mayor.

Minutes:

A vote of thanks to the retiring Mayor, Councillor Malcolm Thomas, was moved by Councillor Budden and seconded by Councillor Austen-Baker.

 

The proposition was clearly carried when put to the vote.

 

The retiring Mayor responded, thanking officers and Councillors for helping him throughout the year. He also thanked his Deputy Mayor, Councillor Joan Jackson, and his group for assisting him.  Making reference to the difficult circumstances faced in the district due to COVID 19 during his Mayoral year, the Mayor thanked officers of the Council for all the work they had done to assist residents and businesses.

 

Resolved:

 

(1)   That the best thanks of the City Council be conveyed to the retiring Mayor, Councillor Malcolm Thomas, for the service rendered to the City during 2020/21 and for presiding over the remote meetings 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 Heath and seconded by Councillor Budden:

 

“That Councillor Mike Greenall be elected Mayor of the City of Lancaster for the municipal year 2021/22.”

 

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

 

Resolved:

 

That Councillor Mike Greenall be elected Mayor of the City of Lancaster for the municipal year 2021/22.

 

Councillor Greenall then made his Declaration of Acceptance of Office and signed the book in front of the Chief Executive. It was noted that the Chief Executive would sign the book after the meeting, 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 thanked his proposer, seconder and all his fellow Councillors for the honour they had paid him.

4.

Election of Deputy Mayor

Minutes:

The Mayor informed Council that he had chosen Councillor Geoff Knight to be his Deputy Mayor.

 

Councillor Dennison proposed:-

 

“That Councillor Geoff Knight be elected Deputy Mayor of the City of Lancaster for the municipal year 2021/22”.

 

The proposition was seconded by Councillor Budden. 

 

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

 

Resolved:

 

That Councillor Geoff Knight be elected Deputy Mayor of the City of Lancaster for the municipal year 2021/22.

 

Councillor Geoff Knight thereupon made his Declaration of Acceptance of Office and signed the book in front of the Chief Executive. It was noted that the Chief Executive would sign the book after the meeting, 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 24th March 2021 (previously circulated). 

Minutes:

6.

ANNOUNCEMENTS

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

Minutes:

The Mayor announced that he would be continuing to support the chosen charities of the retiring Mayor, Councillor Thomas. These were the Royal Lancaster Infirmary and Defying Dementia. He informed Councillors that he hoped to be able to announce details of his first fundraiser shortly.

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.

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 two year term leading up to the City Council elections in 2023.

 

Councillor Hanson nominated Councillor Lewis, seconded by Councillor Hartley. Councillor Frea nominated Councillor Caroline Jackson and Councillor Young seconded the nomination. Councillor Frea and Councillor Young each spoke in support of Councillor Caroline Jackson. Councillor Hanson and Councillor Hartley then spoke in favour of Councillor Lewis.

 

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

Councillors Anderson, Biddulph, Black, Bryning, Cleet, Evans, Greenwell, Hanson, Hartley, Jenkins, King, Lewis, O’Dwyer-Henry, Parr, Pritchard, Reynolds, Robinson, Thornberry, Whitaker, Whitehead and Wood (21).

 

Against

Councillors Anderton, Austen-Baker, Bannon, Boyd-Power, Brookes, Budden, Dant, Dennison, Dowding, Duggan, Firth, Frea, Greenall, Guilding, Hamilton-Cox, Heath, Jackson (Caroline), Jackson (Joan), Knight (Geoff), Knight (Sarah), Lenox, Matthews, Mills, Morris, Penny, Scothern, Sinclair, Stubbins, Thomas, Wild, Yates and Young (32).

 

There were no abstentions.

 

Votes for Councillor Caroline Jackson were recorded as follows:

 

For

Councillors Anderton, Austen-Baker, Bannon, Boyd-Power, Brookes, Budden, Dant, Dennison, Dowding, Duggan, Firth, Frea, Greenall, Guilding, Hamilton-Cox, Heath, Jackson (Caroline), Jackson (Joan), Knight (Geoff), Knight (Sarah), Lenox, Matthews, Mills, Morris, Penny, Scothern, Sinclair, Stubbins, Thomas, Wild, Yates and Young (32).

 

Against

Councillors Anderson, Biddulph, Black, Bryning, Cleet, Evans, Greenwell, Hanson, Hartley, Jenkins, King, Lewis, O’Dwyer-Henry, Parr, Pritchard, Reynolds, Robinson, Thornberry, Whitaker, Whitehead and Wood (21).

 

There were no abstentions.

 

Councillor Caroline Jackson was appointed Leader of the Council for the two year term leading up to the City Council elections in 2023.

 

Resolved:

 

(1)   That Councillor Caroline Jackson be appointed Leader of the Council for the two year term leading up to the City Council elections in 2023.

9.

Executive Arrangements and the scheme of Delegation to officers pdf icon PDF 187 KB

Report of the Head of Democratic Services (on behalf of the Leader)

Additional documents:

Minutes:

Council considered a report of the Head of Democratic Services (on behalf of the Leader) presenting the Executive Arrangements, including the scheme of delegation to officers.

 

The Leader informed Council that her Deputy Leader would be Councillor Frea. He would be responsible for the portfolio area of Climate Emergency. The Leader would provide the names and portfolio areas of other Members of her Cabinet to all Councillors as soon as these were confirmed.

  

Resolved:

 

That the report be noted.

10.

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 11, above).

 

Minutes:

The Mayor asked Councillors to refer to the non-executive delegations to officers, which had been supplied in the appendix to the report for the previous item. The delegations formed part of the Scheme of Delegation in the Constitution and required Council’s approval at each annual meeting

 

Councillor Caroline Jackson proposed:

 

“That the non-executive scheme of delegation to officers, set out in the Constitution and contained in the appendix to the report for the previous item, be approved.”

 

The proposition was seconded by Councillor Dant. It was clearly carried when put to the vote.

 

Resolved:

 

That the non-executive scheme of delegation to officers, set out in the Constitution and contained in the appendix to the report for the previous item, be approved.

11.

Allocation of seats to political groups pdf icon PDF 303 KB

To consider a report of the Head of Democratic Services.

(This report was marked ‘to follow’ after the results of the by-elections were known on 7th May. It was published on 12th May 2021)

Minutes:

The Head of Democratic Services 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.

 

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

 

The Mayor called for a vote and the proposition was 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.

12.

Appointment of Overview and Scrutiny Members pdf icon PDF 105 KB

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 each political group for appointment to the Council’s Overview and Scrutiny bodies had been circulated at the commencement of the meeting.

 

Councillor Geoff Knight, seconded by Councillor Dennison, proposed:

 

“That the nominations made by political groups for appointment to the Overview and Scrutiny bodies be approved.”

 

The Mayor reminded Members that in accordance with the Council’s Constitution only non-Cabinet members were entitled to vote on this item. In view of this requirement, the Leader and Deputy Leader did not vote on this item.

  

Resolved:

 

That the nominations made by the groups for appointment to the Overview and Scrutiny bodies be approved. The appointments to those bodies are appended to these minutes.

13.

Appointment of Committee Members pdf icon PDF 145 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 each of the political groups for appointment to the Council’s Committees had been circulated at the commencement of the meeting.

 

The Conservative group asked that Councillor Joan Jackson be appointed to their vacant seat on the Appeals Committee. It was noted that the Green group were yet to appoint to their second seat on the Chief Executive Recruitment Committee. Councillor Dant indicated that the nomination for that place would be submitted to Democratic Services at a later date.

 

The nominations put forward by the groups for appointment to Committees were proposed by Councillor Dennison, seconded by Councillor Guilding and accepted by Council.

 

Resolved:

 

That the nominations made by the groups for appointments to Committees of Council be approved. The appointments are appended to these minutes.

14.

Appointment of Chairs

To receive nominations and appoint Chairs to each of the under-mentioned bodies noting that, in accordance with the Constitution, only non-Cabinet Members are entitled to vote on (a) and (b) below:-

 

(a) Overview and Scrutiny Committee – shall not be 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) Planning Regulatory Committee

(d) Licensing Committee

(e) Personnel Committee - recommended to include at least one Cabinet Member

(f) Appeals Committee

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

(h) Standards Committee

(i) Council Business Committee

(j) Chief Executive Recruitment Committee

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 view of this, the Leader and Deputy Leader did not vote on those appointments.

 

In relation to the Overview and Scrutiny Committee, Councillor Austen-Baker was nominated by Councillor Duggan, seconded by Councillor Dennison. There were no further nominations. Councillor Austen-Baker was appointed Chair of the Overview and Scrutiny Committee. 

 

For the Budget and Performance Panel, Councillor Duggan was nominated by Councillor Joan Jackson and seconded by Councillor Dennison. No further nominations were put forward and the Mayor declared Councillor  Duggan Chair of the Budget and Performance Panel.

 

For the Planning Regulatory Committee, Councillor Thornberry was nominated by Councillor Robinson, seconded by Councillor Hartley. Councillor Budden was nominated by Councillor Duggan, seconded by Councillor Guilding.  

 

On being put to the vote there were 15 votes for Councillor Thornberry and 36 votes for Councillor Budden. Councillor Budden was duly appointed Chair of the Planning  Regulatory Committee.

 

Councillor Hartley was nominated for Chair of the Licensing Committee by Councillor Biddulph, seconded by Councillor Robinson. There were no further nominations. The Mayor declared Councillor Hartley appointed Chair of the Licensing Committee.

 

Councillor Wood proposed that Councillor Robinson be appointed Chair of the Personnel Committee. Councillor Biddulph seconded the proposition.  Councillor Matthews then nominated Councillor Anderton, seconded by Councillor Heath. On being put to the vote Councillor Anderton received a majority vote from 32 Members and was appointed Chair of the Personnel Committee.

 

Councillor Black was proposed by Councillor Robinson, seconded by Councillor Biddulph, for the Chair of the Appeals Committee. Councillor Dant proposed Councillor Geoff Knight, however Councillor Knight declined to take his nomination further. The Mayor declared Councillor Black Chair of the Appeals Committee.

 

In relation to the Audit Committee, Councillor Stubbins was nominated by Councillor Dant, seconded by Councillor Young. Councillor Bryning was nominated by Councillor Hartley, seconded by Councillor Biddulph.

 

Councillor Stubbins received 32 votes. This being a majority,  the Mayor declared Councillor Stubbins Chair of the Audit Committee.

 

For the Standards Committee, there were two nominations. Councillor Young was nominated by Councillor Dant, seconded by Councillor Dennison.  Councillor King was nominated by Councillor Robinson, seconded by Councillor Biddulph. Councillor Young received a majority of 32 votes, therefore Councillor Young was appointed Chair of the Standards Committee.

 

In relation to the Council Business Committee, Councillor Pritchard was nominated by Councillor Wood, seconded by Councillor Dowding. Councillor Joan Jackson was nominated by Councillor Duggan and seconded by Councillor Guilding. With a majority of 32 votes, Councillor Pritchard was appointed Chair of Council Business Committee.

 

Finally, for the Chief Executive Recruitment Committee, Councillor Hamilton-Cox was nominated by Councillor Dant, seconded by Councillor Dennison.  There were no further nominations therefore Councillor Hamilton-Cox was duly appointed Chair  ...  view the full minutes text for item 14.

15.

Appointments to outside bodies, partnerships and boards pdf icon PDF 248 KB

Report of the Head of Democratic Services.

Additional documents:

Minutes:

The Head of Democratic Services submitted a report to allow Council to consider its appointments to outside bodes, partnerships and boards. Several vacancies were detailed in the report and all current appointments were listed in an appendix.

 

The Mayor noted that the list of current appointments showed Councillor Frea as the Councillor appointed to the Forest of Bowland AONB. This was factually incorrect. Councillor Pritchard was the current appointment to that body.

 

Councillor Knight, seconded by Councillor Brookes proposed:

 

“That, subject to the correction of the error regarding Forest of Bowland AONB noted in these minutes, and the inclusion of any appointments made to the vacancies shown, the appointments to outside bodies as set out in Appendix 1 of the report, be re-confirmed.”

 

This proposition was clearly carried when put to the vote.

 

The Mayor then focussed Council’s attention on appointing to the vacant places.

 

Councillor Duggan nominated Councillor Yates for the vacant place on the Furness Line Community Partnership. Councillor Guilding seconded the nomination. Councillor Robinson then nominated Councillor Bryning and that nomination was seconded by Councillor Biddulph. A vote was taken and, with a majority of 32 voting for Councillor Yates, the Mayor declared Councillor Yates appointed to the Furness Line Community Partnership.

 

There were no nominations for Relate Lancashire – Lancaster District. The vacancy remained unfilled.

 

Councillor Robinson nominated Councillor Wood for the vacant seat on the Heysham Nuclear Power Station Local Community Liaison Council. Councillor Matthews nominated Councillor Geoff Knight, seconded by Councillor Dennison. At this point, Councillor Wood withdrew and Councillor Geoff Knight was appointed to the vacant seat on the Heysham Nuclear Power Station Local Community Liaison Council.

 

Councillor Dant was nominated by Councillor Caroline Jackson to be considered for a Trustee position with the North Lancashire Citizens Advice Bureaux Board. There were no further nominations.

 

Recommendation (4) of the report related to a place on the Police and Crime Panel, administered by Blackburn with Darwen Council. It was noted that no appointment could be made at this stage as the Cabinet Member for Community Safety was not yet known, and the political balance on the Panel, which was based on the political balance across Lancashire, may also have an impact on the City Council’s appointment.

 

Councillor Dowding then proposed recommendation (5) as set out in the report, to confirm that all appointments made or re-confirmed at this meeting would extend until the next City Council elections in 2023. This proposition was seconded by Councillor Budden and clearly carried.

 

Resolved:

 

(1)           That, subject to the correction of the error regarding Forest of Bowland AONB noted in these minutes, and the inclusion of any appointments made to the vacancies shown, the appointments to outside bodies as set out in Appendix 1 of the report, be re-confirmed.

 

(2)       That Councillor Yates be appointed to the Furness Line Community Partnership.

 

(3)       That Councillor Geoff Knight be appointed to the vacant seat on the Heysham Nuclear Power Station Local Community Liaison Council.

 

(4)       That Councillor Dant’s name be  ...  view the full minutes text for item 15.

16.

Motion on notice - Union Flag pdf icon PDF 197 KB

The following motion was submitted for the April meeting of Council, which was cancelled due to lack of other business. It is now submitted to this meeting.

 

A motion on notice has been submitted by Councillor Reynolds, seconded by Councillors Evans, Clifford and Cleet:-

 

Our nation's flag is a symbol of liberty, unity and freedom that creates a shared sense of civic pride, and unites us as one people on these islands. People expect to see the Union flag flying high on civic buildings as a sign of our local and national pride, and our shared identity. 

 

The Union flag should be flown every day, on every Lancaster City Council building.

 

We note that the mayor has approved the flying of the Union flag on council buildings on a permanent basis, in line with the suggestion from MHCLG.

 

This motion calls on Lancaster City Council to:

 

(1)            Enshrine the recommendations from MHCLG as council policy, so that future mayors cannot remove the recommendation to fly the Union Flag on council buildings on all days (except where a flag is flown to celebrate a specific day or event)

(2)            Ensure that Flags are replaced on a regular basis to ensure the highest standards

(3)            Complete a condition survey of flags and flag poles for the consideration of the portfolio holder for property services, and then complete one every year from now on.

(4)            Seek funding pots for the replacement of flag poles and for helping to fund new flag poles and flags

(5)            Seek the feedback of the community and elected members about areas of public open space where they would like to see a flag pole

(6)            Write to partners, local businesses and parish and town councils asking them to adopt the elements of this motion appropriate to them.

 

An officer briefing note is included in the agenda.

 

 

Minutes:

The following motion of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Reynolds and seconded by Councillor Cleet:-

 

Our nation's flag is a symbol of liberty, unity and freedom that creates a shared sense of civic pride, and unites us as one people on these islands. People expect to see the Union flag flying high on civic buildings as a sign of our local and national pride, and our shared identity. 

 

The Union flag should be flown every day, on every Lancaster City Council building.

 

We note that the mayor has approved the flying of the Union flag on council buildings on a permanent basis, in line with the suggestion from MHCLG.

 

This motion calls on Lancaster City Council to:

 

(1)            Enshrine the recommendations from MHCLG as council policy, so that future mayors cannot remove the recommendation to fly the Union Flag on council buildings on all days (except where a flag is flown to celebrate a specific day or event)

(2)            Ensure that Flags are replaced on a regular basis to ensure the highest standards

(3)            Complete a condition survey of flags and flag poles for the consideration of the portfolio holder for property services, and then complete one every year from now on.

(4)            Seek funding pots for the replacement of flag poles and for helping to fund new flag poles and flags

(5)            Seek the feedback of the community and elected members about areas of public open space where they would like to see a flag pole

(6)            Write to partners, local businesses and parish and town councils asking them to adopt the elements of this motion appropriate to them.

 

An officer briefing note had been included in the agenda.

 

Councillor Reynolds responded to very many questions from Councillors on aspects of the motion before the Mayor started debate.

 

At the conclusion of a lengthy debate a recorded vote was taken in accordance with Council Procedure Rule 19.4. The motion was lost.

 

The votes were recorded as follows:

 

For

Councillors Anderson, Austen-Baker, Biddulph, Boyd-Power, Bryning, Budden, Cleet, Clifford, Dennison, Duggan, Firth, Greenall, Greenwell, Guilding, Heath, Jackson (Joan), Jenkins, Knight (Geoff), Knight (Sarah), Matthews, Reynolds, Scothern, Thomas, Wild and Yates (25).

 

Against

Councillors Anderton, Bannon, Black, Brookes, Dant, Dowding, Frea, Hamilton-Cox, Hanson, Hartley, Jackson (Caroline), King, Lenox, Lewis, Mills, O’Dwyer-Henry, Parr, Penny, Robinson, Sinclair, Stubbins, Thornberry, Whitaker, Whitehead, Wood and Young (26).

 

Abstain

Councillor Pritchard (1)

 

The Mayor thanked everyone for their attendance and closed the meeting.