Agenda and draft minutes

Council - Wednesday, 9th November 2022 6.00 p.m.

Venue: Morecambe Town Hall

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

Items
No. Item

71.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Paul Anderton, Darren Clifford, Tricia Heath, Paul Stubbins, John Wild and Joanna Young.

72.

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.

73.

ANNOUNCEMENTS

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

Minutes:

The Mayor did not make any formal announcements. She informed Councillors that she intended to take items 10 and 11 at the end of the agenda because there was a recommendation to exclude press and public for the item on the Fibre Network and Digital Exchange. Moving the item would avoid any need to exclude and then re-admit the public. (Minutes 84 and 85 refer.)

 

The Mayor then reminded members that, when a Councillor was invited to speak during the meeting, there should be no individual conversations going on between other Councillors. Holding individual conversations was both distracting and disrespectful to the Councillor addressing the meeting. 

 

Finally, the Mayor reminded Councillors that she would be holding a Ceilidh fundraiser for her chosen charities at 7.30pm on 25 November 2022. Tickets were still available from Democratic Support.

 

74.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11

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. 

Minutes:

The Mayor advised that no questions had been received from members of the public in accordance with the provisions of Council Procedure Rule 11.

75.

PETITIONS AND ADDRESSES

To receive any petitions and/or addresses from members of the public which have been notified to the Chief Executive in accordance with the Council's Constitution. 

Minutes:

The Mayor informed Members that no petitions or requests to address Council had been received from members of the public.

76.

LEADER'S REPORT pdf icon PDF 210 KB

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

Minutes:

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

 

Councillor Gardiner proposed a motion without notice in accordance with Council Procedure Rule 25.1. He proposed:

 

“That Standing Orders be suspended.”

 

Councillor Budden seconded the motion.

 

Just before the vote was taken, there was a request for clarity on the motion. It was confirmed that the intention of the motion was actually:

 

“That Council Procedure Rule 12.1 (a)be suspended, to allow Councillors to question the leader on items which are not within her report."

 

With 27 Councillors voting for the motion, 14 against and 8 abstentions, the motion was carried.

 

The Leader then responded to a number of questions from Councillors and offered to supply written responses or supplementary information on Bailrigg Garden Village (to Councillor Gardiner) and free port status (to Councillor Cleet).

 

Resolved:

 

That the report be noted. 

77.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on 28 September 2022 (previously circulated). 

Minutes:

78.

UPDATED RESERVES STRATEGY 2022/23 pdf icon PDF 650 KB

Report of Cabinet


Published 4 November 2022.

Additional documents:

Minutes:

Councillor Whitehead, the Cabinet Member for Finance and Resources, presented a report asking Council to note the s151 Officers assessment of the minimum level of reserves and approve revisions to the governance arrangement for future reserve funded expenditure.

 

A number of Councillors asked questions, which Councillor Whitehead responded to, before proposing the recommendations in the report:

 

“(1)    That Council notes the Section 151 Officer’s advice regarding the increase in the Council’s minimum level of General Fund balance from £3.5M to £5M, to provide for added uncertainty

 

(2)     That Council amend the Budget & Policy Framework to incorporate the revised governance arrangements to the Reserves Strategy.”

 

There was a short debate before a vote was taken and the proposition was clearly carried.

 

Resolved:

 

(1)     That Council notes the Section 151 Officer’s advice regarding the increase in the Council’s minimum level of General Fund balance from £3.5M to £5M, to provide for added uncertainty

 

(2)     That Council amend the Budget & Policy Framework to incorporate the revised governance arrangements to the Reserves Strategy.

 

 

79.

MOTION TO ENABLE ACCESS TO HOLDERS OF THE "JUST CAN'T WAIT" CARD pdf icon PDF 209 KB

To consider a motion on notice submitted by Councillor Parr and seconded by Councillors Pattison, Redfern and Thornberry. The motion is enclosed with the officer briefing note.

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 Parr and seconded by Councillor Redfern:-

 

“This Council notes:

 

170.000peoplecarry the ‘JustCan'tWait Card' across thecountryincludingin Lancasterwherethe numberis rising. Manypeopleacross thedistrictsuffer fromillnesses/conditionswhich canbe debilitating, rangingfromincontinence to stomasurgery.Theseconditions canlead to themneeding the emergencyuseof toiletfacilitiesurgently.

 

TheBladder& Bowel communityhaveestablishedthe'JustCan'tWait ToiletScheme' whichenables peopleto carrya cardand enables businessesandorganisationsto allowemergencyaccessto toilet facilities.People havetoldthe BladderandBowel Communitythat theyaretrapped intheirown homesdueto thelackof publictoiletsandthefear ofbeingcaughtshort. Thereare over14million people inthe UKlivingwitha bladderconditionand6.4millionwith a bowel conditionwith thousands sufferingacross  ...  view the full minutes text for item 79.

80.

APPOINTMENTS AND CHANGES TO COMMITTEE MEMBERSHIP

Group Administrators to report any changes to Committee Membership.  

 

Minutes:

No appointments or changes to committee memberships were reported.

81.

QUESTIONS UNDER COUNCIL PROCEDURE RULE 12

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. 

Minutes:

82.

MINUTES OF CABINET pdf icon PDF 367 KB

To receive the Minutes of Meeting of Cabinet held 13th September 2022. 

Minutes:

83.

MINUTES OF COMMITTEES pdf icon PDF 127 KB

To consider the minutes of: -

 

a)    Personnel Committee – 14th June 2022

b)    Council Business Committee – 16th June 2022

c)    Shareholders Committee – 26th July 2022

d)    Budget & Performance Panel – 28th July

e)    Licensing Committee – 25th August 2022

f)     Overview & Scrutiny Committee – 7th September 2022

g)    Planning Regulatory Committee – 12th September 2022

Additional documents:

Minutes:

Council considered the minutes of the following committee meetings:

 

a)    Personnel Committee – 14th June 2022

b)    Council Business Committee – 16th June 2022

c)     Shareholders Committee – 26th July 2022

d)    Budget & Performance Panel – 28th July

e)    Licensing Committee – 25th August 2022

f)      Overview & Scrutiny Committee – 7th September 2022

g)    Planning Regulatory Committee – 12th September 2022

 

There was one question on the minutes of the Overview and Scrutiny minutes. The Planning Chair commented on the length of the planning meetings.

 

Resolved:

 

That the minutes be noted.

 

84.

EXCLUSION OF THE PRESS AND PUBLIC

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item(s) in private. 

 

Council is recommended to pass the following recommendation in relation to the following item(s):- 

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.” 

 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Council itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

 

Minutes:

The Mayor reminded Council that it had been recommended to exclude the press and public from the meeting for the following item on the grounds that it could involve the possible disclosure of exempt information.

 

Councillor Hamilton-Cox moved, seconded by Councillor Dowding:

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of that Act.” 

 

A vote was taken and the motion was carried.

 

Resolved:-

 

That in accordance with Section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the ground that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

 

(The Council Chamber was cleared of any press or public present at this point.)

 

85.

FIBRE NETWORK AND DIGITAL EXCHANGE

Report of Cabinet.

 

Published 4 November 2022.

Minutes:

Councillor Hamilton-Cox, Cabinet Member for Sustainable Economic Prosperity, submitted a report seeking a decision from Council regarding a local full fibre network.

 

The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

The full minute and resolution are set out in a minute which is also exempt from publication for the reasons set out above.