Agenda and draft minutes

Cabinet
Tuesday, 5th November 2019 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047 or email  ebateson@lancaster.gov.uk 

Items
No. Item

32.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 1 October 2019 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 1 October 2019 were approved as a correct record.

 

 

33.

Items of Urgent Business Authorised by the Leader

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

Minutes:

The Chairman advised that there were no items of urgent business.

 

34.

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 were made at this point.

                     

35.

Public Speaking

To consider any such requests received in accordance with the approved procedure. 

 

Minutes:

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

 

36.

Cultural Investment Framework pdf icon PDF 223 KB

(Cabinet Member with Special Responsibility Councillor Parr)

 

Report of Director for Economic Growth and Regeneration

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Parr)

 

Cabinet received a report from the Director for Economic Growth and Regeneration, which sought approval for the Cultural Investment Framework following consultation.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Continuing without a framework in place offers no identified benefits and risks public funds being used to promote activities that either do not provide value for money or offer no material benefit. Introducing the framework ensures fairness, consistency and transparency in terms of allocation of funds, resources and the Council’s expectations, aligning the delivery of outcomes with the Council’s priorities. The officer preferred option is to agree the draft Cultural Investment Framework.

 

Councillor Parr proposed, seconded by Councillor Dave Brookes:-

 

“That the recommendation, as set out in the report, be approved with a revision to the sustainable and deliverable business model/plan section to include ‘consider the carbon footprint of both our activities and that of the supply chain involved in their delivery.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That the draft Cultural Investment Framework as set out in Appendix A to the report, be approved with a revision to the sustainable and deliverable business model/plan section to include ‘consider the carbon footprint of both our activities and that of the supply chain involved in their delivery.’

 

Officer responsible for effecting the decision:

 

Director for Economic Growth and Regeneration

 

Reasons for making the decision:

 

The proposed Cultural Investment Framework is consistent with the Council Plan.  The City Council invests and uses its resources to support arts and culture in the district. It is important that the Council establishes the arrangements necessary to ensure the best possible results from its contribution in a way that is fair, consistent and transparent. 

 

 

 

37.

Mellishaw Traveller Site - Future Arrangements pdf icon PDF 325 KB

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Report of Director of Communities and the Environment

 

Minutes:

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Cabinet received a report from the Director of Communities and the Environment to consider whether to support in principle the transfer of ownership of Mellishaw Traveller Site from Lancashire County Council and refer to full Council for a decision.

 

It was noted that the original report had failed to use capital letters when referring to Travellers and Gypsies and this was deeply regrettable and would be addressed in the subsequent report to Council.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: The city council takes ownership of the site undertaking a programme of improvement works as outlined in the report and manages the site at least in the short term.

 

Option 2:  The city council does not take on ownership of the site

Advantages

 

The homes of the Travellers on the site are secured.

 

The wellbeing of the residents is improved with the peace of mind that the council will own the site.

The city council have several years of experience managing this site.

 

An opportunity for the residents on the site to influence the scope and nature of improvement works therefore creating sense of pride and ownership.

  

Reduced financial outlay compared with any potential re housing costs.

 

The council would still have an enforcement and licensing role in relation to any new owner. 

Disadvantages

 

Substantial additional capital investment required

 

Additional revenue costs required for maintenance and staffing costs in managing the site. 

 

The site would most likely be sold to a private owner with potential impacts on the residents future security of their homes.

 

Increased demand due to homelessness on other statutory or third sector agencies.

 

Risks

 

Possible reputational risk to council if council taxpayers not in favour of a large financial outlay for a small percentage of residents.

 

The costs of undertaking the works and managing the site is a best estimate and unforeseen issues may mean the costs could be higher.

 

Possible reputational risk to council if seen to be failing in safeguarding the residents homes

 

As there is no statutory duty to provide Traveller sites, there is no officer preferred option.

 

Following Lancashire County Council’s decision to declare Mellishaw Traveller site surplus to their requirements, the report provided information and the potential financial implications to the City Council if Cabinet was minded to support the council taking ownership of this site.

 

Councillor Jackson proposed, seconded by Councillor Hanson:-

 

“That the recommendations, as set out in the report, be approved and referred to full Council when greater detail regarding costings was forthcoming.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)        That Cabinet supports in principle the transfer of Mellishaw Traveller site from Lancashire County Council to Lancaster City Council for a nominal fee.

 

(2)        That the decision be referred to Full Council when greater detail regarding costings was forthcoming, in accordance with financial regulations, as the funding requirement is currently not budgeted for and is  ...  view the full minutes text for item 37.

38.

Medium Term Financial Strategy pdf icon PDF 465 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Director of Corporate Services  (Report to follow)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Director of Corporate Services to provide an update on the Council’s Medium Term Financial Strategy forecasts for 2020/21 to 2023/24 and outline the approach and timetable for considering the budget framework.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Regarding the budget strategy, Cabinet may approve the proposals as set out, or require changes to be made to the suggested approach.  The overriding aim of any budget setting process is to approve a balanced budget by statutory deadlines, allocating resources to help ensure delivery of the Council’s corporate priorities.  The proposed approach is in line with that broad aim, drawing on various strategic matters.  Any changes that Cabinet puts forward should also be framed in that context.

 

Councillor Whitehead proposed, seconded by Councillor Reynolds:-

 

“That the recommendations, as set out in the report, be approved.”

 

By way of an amendment, which was not accepted as a friendly amendment by Councillor Whitehead, Councillor Hamilton-Cox proposed, seconded by Councillor Brookes:

 

“That recommendation (2) the 6th bullet point on Section 3.1 be revised to ‘recognise an opportunity to focus on prosperity and manage the Council’s tax and business rates base in order to recognise the benefits of projects which focus on sustainable economic growth and meet the climate emergency.”

 

Councillors then voted on the amendment as follows:

 

(7 Members (Councillors Brookes, Frea, Hamilton-Cox, Jackson, Lewis, Parr and Sinclair) voted in favour, and 3 Members (Councillors Hanson, Reynolds and Whitehead) voted against.)

 

The Chair declared the amendment to be carried and Members then voted on the substantive motion, which when put to the vote, was agreed unanimously.

 

Resolved unanimously:

 

(1)       That the draft budgetary position, set out in section 2 (and appendix 1) to the report for current and future years be approved, accepting that this is an interim update.

 

(2)       That Cabinet agree the approach to the budget framework as set out in Section 3 of the report with bullet point 6 revised to read: ‘recognise an opportunity to focus on prosperity and manage the Council’s tax and business rates base in order to recognise the benefits of projects which focus on sustainable economic growth and meet the climate emergency.

 

(3)     That Cabinet agree the timetable as set out in Section 4 of the report.

 

Officer responsible for effecting the decision:

 

Director of Corporate Services

 

Reasons for making the decision:

 

Draft budget proposals will be considered by Cabinet on 14 January 2020 and the Budget and Performance Panel on 21 January 2020.

 

 

 

 

39.

Climate Change Update pdf icon PDF 240 KB

(Cabinet Member with Special Responsibility Councillor Frea)

 

Report of Director of Communities and the Environment

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Frea)

 

Cabinet received a report from the Director for Communities and the Environment, which outlined progress following the climate change emergency, declared by the Council in January 2019 and sought endorsement of the approach set out in Appendix 2 to the report, to reduce the Council’s direct CO2 emissions to net zero by 2030.

 

The options were outlined in the report.  The scale of the challenge was huge and required immediate action by all governments, organisations, communities and individuals.  Lancaster City Council was planning activities in three key areas-

 

·                The Council’s direct carbon emissions of 3018 tonnes. An outline plan as to how the Council could become net zero carbon by 2030 was attached at Appendix 2 to the report.

 

·                The Council’s direct areas of wider influence. These were areas where the Council could have a significant impact on reducing wider carbon emissions and mitigating climate in the District- e.g. Council Housing, planning / building control, tree planting.

 

·                The Council’s leadership role. The Council did not have any direct control over significant causes of emissions e.g. transport, agriculture, industry and housing. However, the motion made it clear it would adopt a leadership role and engage with, influence and support mitigation of climate change across the whole District.

 

The outline action plan gave an indication of how the Council’s direct operations could become net zero carbon by 2030. Where possible estimates of the costs of the actions had been included to provide a guide for budgetary forecasting purposes.  Before actions were implemented detailed costings and business cases would be brought forward or detailed consideration given through the appropriate governance and financial processes.  There were potential external sources of funding available for projects that contributed to the climate change agenda.  Having an agreed action plan would help in bidding for these as opportunities arose.

 

Cabinet were asked to approve, in principle, the outline action plan (Appendix 2) to the report. This would allow Officers to develop detailed plans for those actions which would then be referred through the appropriate governance and financial processes.

 

Included in the financial summary were a number of projects for which pre-approval was sought in order that business cases could be commenced ahead of the annual budget process.  At a later date Cabinet would receive further update and action plans for–

·         The Council’s direct areas of wider influence.

·         The Council’s leadership role

 

During the course of the debate it was proposed by Councillor Lewis, seconded by Councillor Reynolds and agreed unanimously that standing order 17 (Cabinet Procedure Rule 17) be suspended to allow for questions to be taken from all members.

 

Resolved unanimously:

 

(1)           That standing order 17 (Cabinet Procedure Rule 17) be suspended.

 

Councillor Frea proposed, seconded by Councillor Hamilton-Cox:-

 

“That recommendation (1) as set out in the report be approved with recommendation (2) revised as follows: ‘to approve funding for the Citizens’ Assembly.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)       That Cabinet endorses the plan outlined in Appendix 2 to  ...  view the full minutes text for item 39.

40.

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. 

 

Cabinet 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 Cabinet 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:

It was moved by Councillor Lewis and seconded by Councillor Hamilton-Cox:-

 

“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.”

 

Members then voted as follows:-

 

Resolved unanimously:

 

(1)        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. 

 

 

 

41.

Investment Proposals

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Corporate Director for Economic Growth and Regeneration

Minutes:

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Director for Economic Growth and Regeneration to consider a property investment acquisition in line with the property investment strategy approved at Council.  The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report:

 

Councillor Whitehead proposed, seconded by Councillor Hanson:-

 

“That the recommendation, as set out in the exempt report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

(1)          The resolution is set out in a minute exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

Officers responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

Director of Corporate Services

 

Reasons for making the decision:

 

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with those priorities is set out in the exempt minute.