Minutes for Council meeting, Nov 19 2008, 2.00PM official page

Apologies for absence were received from Councillors Anne Chapman, Emily Heath, Keran Farrow, Val Histed, Tony Johnson, Sylvia Rogerson, Jude Towers and John Whitelegg.

To receive as a correct record the Minutes of the Meetings of the City Council held on 17^th September and 22^nd October 2008 (previously published). 

The minutes of the meetings held on 17^th September and 22^nd October 2008 were signed by the Mayor as a correct record.

Members advised of the following declarations of interest at this stage:

Councillor Evelyn Archer declared a personal and prejudicial interest should there be any reference during the Leader’s Report and Cabinet Minutes to the Winter Gardens as a member of the Friends of the Winter Gardens.  (Minute Nos. 69 and 76 refer.)

Councillor Geoff Knight declared a prejudicial interest in respect of the item relating to flooding in the district in view of his employment in the insurance industry and his involvement in the Emergency Response Unit (Minute No. 72 refers).

Councillors Sheila Denwood, Geoff Knight and Andrew Kay declared personal interests in the appointment of outside bodies in respect of the Lancaster Twinning Society on which they were the existing representatives (Minute No. 75 refers.)

Councillors Burns and Pritchard declared personal interests in respect of Williamson Park referred to in the Leader’s Report and Cabinet Minutes as members of the Board.  (Minute Nos. 69 and 76 refer.)

Councillor Langhorn declared a personal interest in respect of the item relating to flooding in the district as a resident in an area prone to flooding.  (Minute No. 72 refers.)

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

The Mayor drew Members’ attention to a scam prevalent in the run up to Christmas regarding the delivery of parcels which tricked customers into using a premium rate phone number.

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.

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

To consider the recommendation of the Council Business Committee from its meeting on 18^th September 2008

The Mayor advised that he intended to take the report referred from the Council Business Committee at this stage to enable the Chairman to present the report as he had to leave the meeting early.

Further to Minute No. 42, Councillor Smith, as Chairman of the Committee, reminded Members that Council had requested that the existing protocol for the appointment of representatives on outside bodies be reviewed.  To this end, the Council Business Committee had considered a report of the Head of Democratic Services which set out the options for the appointment of Council representatives on outside bodies together with the advantages and disadvantages of each option.  Detailed consideration had been given to the options including the practicalities of administering the various options and the democratic nature of each variation.

There were a number of questions to the Chairman, during which it was suggested that this could be further reviewed at the start of each year.

It was then moved by Councillor Smith and seconded by Councillor Fishwick:

‘That the present protocol of appointments made by virtue of a Councillor’s position (such as Cabinet Member or Ward Councillor) and the remaining appointments being made on the basis of PR calculated individually on each body be retained, but a further review of this protocol be carried out at the start of each Municipal Year.’

It was then moved by Councillor Burns and seconded by Councillor Kerr, by way of an amendment:

‘That the present protocol of appointments made by virtue of a Councillor’s position (such as Cabinet Member or Ward Councillor) and the remaining appointments being made on the basis of PR calculated individually on each body be retained.’

On being put to the vote 16 Members voted for the amendment and many against whereupon the Mayor declared the amendment clearly lost.

It was then moved by Councillor Langhorn and seconded by Councillor Kirkman by way of an amendment:

‘That for future appointments to outside bodies, Council determine whether the appointment should be made by virtue of a Councillor’s position (such as Cabinet Member or Ward Councillor) and for the remaining appointments nominations be invited  from any Councillor without restriction, to be voted upon by full Council.’

At the conclusion of the debate, 34 Members voted for the amendment, 8 against and 4 abstained, whereupon the Mayor declared the amendment carried.

It was then moved by Councillor Trolinger and seconded by Councillor McCulloch by way of a further amendment:

‘That where there are 2 or more nominations for a position, the nominees be asked to give their reasons for wishing to take up the appointment.’

On being put to the vote 5 Members voted for the amendment and many against whereupon the Mayor declared the amendment lost.

A vote was then taken on the substantive motion, when the Mayor declared the motion clearly carried.

Resolved:

That for future appointments to outside bodies, Council determine whether the appointment should be made by virtue of a Councillor’s position (such as Cabinet Member or Ward Councillor) and for the remaining appointments nominations be invited  from any Councillor without restriction, to be voted upon by full Council.

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.

The Mayor advised that 7 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)         Councillor Barnes to Councillor Blamire regarding empty properties

(2)         Councillor Robinson to Councillor Mace regarding the Council’s budget

(3)         Councillor Robinson to Councillor Mace regarding Cabinet Portfolios

(4)         Councillor Robinson to Councillor Mace regarding the Winter Gardens

(5)         Councillor Langhorn to Councillor Mace regarding potential redundancies

(6)         Councillor Robinson to Councillor Kerr regarding staff on Remembrance Day

(7)         Councillor Robinson to Councillor Archer regarding Chatsworth Gardens

Details of the questions and answers together with any supplementary questions and responses are included at Appendix A to the minutes.

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

Report to follow.

The Leader presented his report on the proceedings of Cabinet since the last meeting of Council and updated Council on various issues.

Together with Members of Cabinet he answered a number of questions from Councillors.

Resolved:

That the report be noted. 

To consider the recommendations of the Audit Committee from its meeting on 24^th September 2008.

Councillor Thomas, Chairman of the Audit Committee presented a report setting out the Committee’s recommendations regarding changes to the Constitution in respect of Cabinet Members sitting on the Planning and Highways Regulatory Committee.  This followed detailed consideration of the issue of whether it would be preferable to impose a restriction on Cabinet Members taking part in the determination of planning applications, to avoid any situations where there might be a perception of predetermination or bias.

The recommendation of the Audit Committee was moved by Councillor Thomas and seconded by Councillor Dennison as follows:

‘That Cabinet Members should not sit on the Planning and Highways Regulatory Committee for items directly related to those which have been previously considered by Cabinet (whether they were at that particular Cabinet item or not).’

It was then moved by Councillor Blamire and seconded by Councillor Hanson by way of an addendum:

‘save for the consideration of reserved matters where outline planning permission has already been granted by the Committee.’

Although Councillor Thomas, as mover of the motion was prepared to accept this as a friendly amendment, the seconder Councillor Dennison refused to do so and there then followed a debate on the addendum.

At the conclusion of a lengthy debate 22 Members voted for the amendment, 24 against and 3 abstained, whereupon the Mayor declared the amendment lost.

It was then moved by Councillor Marsland and seconded by Councillor Robinson by way of an amendment:

‘That in order to preclude the possibility of any misunderstanding, in future Cabinet Members do not sit on the Planning and Highways Regulatory Committee.’

There followed a further lengthy debate at the conclusion of which 2 Members voted for the amendment and many against, whereupon the Mayor declared the amendment lost.

Prior to the vote on the substantive motion, a recorded vote was requested in accordance with Council Procedure Rule 19.4.  Votes were recorded as follows:

For the Motion

Councillors Archer, Ashworth, Barnes, Barry, Blakely, Blamire, Bray, Brown, Bryning, Burns, Charles, Clifford, Coates, Day, Dennison, Dent, Denwood, Fishwick, Fletcher, Gerrard, Gilbert, Grattan, Greenall, Hanson, Helme, Kay, Kerr, Kirkman, Knight, Langhorn, Leytham, Mace, McCulloch, Pritchard, Redfern, Robinson, Roe, Sands, Sherlock, Sowden, Stamp, Taylor, Thomas, Trolinger and Maia Whitelegg (45)

Against the Motion

None

Abstentions

Councillors Budden, Marsland and Woodruff (3)

45 Members having voted for the motion, none against and 3 abstentions, the Mayor declared the motion carried.

Resolved:

 

That Cabinet Members should not sit on the Planning and Highways Regulatory Committee for items directly related to those which have been previously considered by Cabinet (whether they were at that particular Cabinet item or not).

To consider the recommendations of Cabinet from its meeting on 7^th October 2008.

The Leader presented a report of Cabinet requesting that Council update the current year’s capital funding assumptions in order to allow progress in delivering the Programme, and approve the latest updated Capital Programme. The report set out details of the current capital funding position and the options open to the Council at the present time.

The recommendations of Cabinet were moved by Councillor Mace and seconded by Councillor Charles.

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

Resolved:

(1)          That the 2008/09 Capital Programme funding be updated to provide for a £1.4M underlying increase in unsupported borrowing, on the basis that this be ‘repaid’ in 2009/10.

(2)          That the updated Capital Programme as at out at Appendix B be approved.

To consider the following motion submitted by Councillors Stuart Langhorn, Janie Kirkman, John Day, John Gilbert and Joyce Pritchard:

Over the weekend of November 1^st, the district experienced flooding caused by exceptional rainfall in the area.  Carnforth and the Lune Valley suffered from flooding, people had to be rescued and properties were damaged.  This is not the first time this year that the district has been subjected to flooding – with parts of Lancaster and Slyne having problems earlier in the Spring.

In 2007, Yorkshire and parts of England around the Severn River were dramatically flooded.  The Government launched a review into what could be done to prevent such events from happening again.  The report was delivered in June this year – but there has, so far, been no response to its recommendations.  Until the findings of the report are accepted there are delays in acting to prevent instances of flooding – particular from groundwater where the lines of responsibility are unclear.  We therefore, are calling on a quicker response from government as follows:

(1)     That Lancaster City Council notes the review of the 2007 floods carried out by Sir Michael Pitt and the report delivered to the Government in June 2008.

(2)     That Lancaster City Council also notes that the Government has, so far, failed to respond to the recommendations of the report and that this is causing a lack of clarity in responsibility for action amongst agencies.

(3)     That Lancaster City Council, therefore, resolves to write to the Secretary of State and to both local MPs in order to urge a speedy response to the recommendations of the Pitt review.

A report of the Corporate Director (Community Services) on this matter is included in the Agenda.

(Councillor Geoff Knight declared a prejudicial interest in respect of the item relating to flooding in the district in view of his employment in the insurance industry and his involvement in the Emergency Response Unit and left the meeting during the discussion and voting thereon.

Councillor Langhorn declared a personal interest in respect of the item relating to flooding in the district as a resident in an area prone to flooding.)

Council were advised that notice of the following motion had been received by the Chief Executive in accordance with Council Procedure Rule 15 from Councillors Langhorn, Kirkman, Day, Gilbert and Pritchard.

An officer briefing note on the issue was also included on the agenda.

The motion was moved by Councillor Langhorn and seconded by Councillor Kirkman as follows:

(1)     That Lancaster City Council notes the review of the 2007 floods carried out by Sir Michael Pitt and the report delivered to the Government in June 2008.

(2)     That Lancaster City Council also notes that the Government has, so far, failed to respond to the recommendations of the report and that this is causing a lack of clarity in responsibility for action amongst agencies.

(3)     That Lancaster City Council, therefore, resolves to write to the Secretary of State and to both local MPs in order to urge a speedy response to the recommendations of the Pitt review.

It was then moved by Councillor Woodruff by way of an addendum:

(4)     That as part of the representations made to Government, reference be made to the plight of residents in Halton where there is concern that the proposed motorway bridge as part of the Heysham/M6 link road will add to potential flooding problems in the area.

There being no seconder for the amendment, it was then moved by Councillor Dennison and seconded by Councillor Archer by way of an addendum:

(4)     That Government also be advised that should local authorities be expected to take any responsibility for flooding problems due to their local knowledge then adequate funding should be made available to cover the cost of employing appropriate specialists.

With the agreement of the meeting and his seconder, Councillor Langhorn accepted this as a friendly amendment.

On being put to the vote the Mayor declared the motion as amended clearly carried.

Resolved:

 

(1)     That Lancaster City Council notes the review of the 2007 floods carried out by Sir Michael Pitt and the report delivered to the Government in June 2008.

(2)     That Lancaster City Council also notes that the Government has, so far, failed to respond to the recommendations of the report and that this is causing a lack of clarity in responsibility for action amongst agencies.

(3)     That Lancaster City Council, therefore, resolves to write to the Secretary of State and to both local MPs in order to urge a speedy response to the recommendations of the Pitt review.

(4)     That Government also be advised that should local authorities be expected to take any responsibility for flooding problems due to their local knowledge then adequate funding should be made available to cover the cost of employing appropriate specialists.

To consider the report of the Chief Executive.

Council was requested to consider a draft Sustainable Community Strategy 2008-2011 which had been produced by the Lancaster District Local Strategic Partnership and which set out a long term vision for the District and a set of key priorities for partnership working for the next three years.

The recommendation set out in the report was moved by Councillor Mace and seconded by Councillor Bryning.

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

Resolved:

That the Sustainable Community Strategy be approved as set out in the report and adopted by Council as part of its Policy Framework. 

To consider the report of the Chief Executive

The Chief Executive submitted a report which contained the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and the Council’s agreed protocol following the notification that 3 former non-aligned Members are now aligned as a Group.   The nominations for changes to membership as a result of the re-calculation had been submitted by Group Administrators and were circulated at the meeting.

The recommendations set out in the report, including acceptance of the nominations as circulated were moved by Councillor Woodruff and seconded by Councillor Robinson.

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

Resolved:

(1)            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 paragraph 2 of the report.

(2)            That the following changes to Committee Memberships be approved:

Budget & Performance Panel

Delete Stuart Langhorn (Liberal Democrat Member)

Add Keith Sowden (Free Independent Member)

Delete Janie Kirkman as substitute (Liberal Democrat)

Add Paul Woodruff and Peter Robinson as substitutes (Free Independents)

Planning & Highways Regulatory Committee

Confirm Peter Robinson as Free Independent Member

Add Paul Woodruff and Keith Sowden as Free Independent substitutes

Licensing Act Committee

Delete John Day (previously appointed by Council to fill a vacant seat)

Add Paul Woodruff (Free Independent)

Audit Committee

Confirm Keith Sowden as Free Independent Member

Add Paul Woodruff and Peter Robinson as Free Independent Substitutes

To consider the report of the Chief Executive.

(Councillors Sheila Denwood, Geoff Knight and Andrew Kay declared personal interests in the appointment of outside bodies in respect of the Lancaster Twinning Society on which they were the existing representatives.)

Further to Minute No 42, Council considered a report of the Chief Executive which set out details of a new appointment in relation to a newly established outside body which had been deferred pending a review of council procedures and other bodies where issues had recently arisen which required action.

Members were reminded of their decision earlier in the meeting (Minute No 67 refers) when Council had determined a new protocol for allocating appointments on outside bodies.  The Head of Democratic Services clarified the effect of the earlier decision and explained how this new protocol would work in practice and what was required now of Members to complete this item of business.

It was agreed to take each of the appointments in turn and the Mayor therefore asked for a proposition in relation to the North Lancashire Health and Wellbeing Group.

It was moved by Councillor Archer and seconded by Councillor Kerr:

‘That the Council be represented on the North Lancashire Health and Wellbeing Group by the appropriate Cabinet Member.’

It was then moved by Councillor Bray and seconded by Councillor Charles by way of amendment:

‘That appointments to outside bodies in accordance with the protocol agreed by Council be delegated to the Council Business Committee.’

On being put to the vote 14 Members voted for the amendment, 19 against and one abstained, whereupon the Mayor declared the amendment lost.

A vote was then taken on the substantive motion, when 13 Members voted for the motion and 20 against, whereupon the Mayor declared the motion lost.

It was then moved by Councillor Kirkman and seconded by Councillor Gilbert:

‘That the Council be represented on the North Lancashire Health and Wellbeing Group by a Member to be nominated and voted upon by Council.’

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

He then asked for nominations for the position of representative on the Health and Wellbeing Group. 

Councillor Clifford was nominated by Councillor Kirkman and seconded by Councillor Hanson.

Councillor Kerr was nominated by Councillor Archer and seconded by Councillor Burns.

On being put to the vote, 25 Members voted for Councillor Clifford and 9 Members voted for Councillor Kerr, whereupon the Mayor declared Councillor Clifford the Council’s representative.

The Mayor then requested a proposition in respect of the Lancaster International Twinning Society.

It was moved by Councillor Sherlock and seconded by Councillor Mace:

‘That the Council be represented on the Lancaster International Twinning Society by a Member to be nominated and voted upon by Council.’

On being put to the vote many Members voted for the proposition whereupon the Mayor declared the proposition clearly carried and requested any nominations for this position.

Councillor Denwood was nominated by Councillor Fishwick and seconded by Councillor Mace.  There being no further nominations the Mayor declared Councillor Denwood the Council’s representative.

The Mayor then requested a proposition in respect of Poulton Neighbourhood Management Board. 

It was moved by Councillor Kerr and seconded by Councillor Archer:

‘That the Council continue to be represented on the Poulton Neighbourhood Management Board by the relevant Cabinet Member and Poulton Ward Councillors and that the positions remain vacant at the present time should the Ward Councillors not wish to take up their appointment.’

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

The Mayor then requested a proposition in respect of Barton Road Community Centre.

It was moved by Councillor Kirkman and seconded by Councillor Sherlock:

‘That the Council be represented on the Barton Road Community Centre by a Member to be nominated and voted upon by Council.’

It was then moved by Councillor Blakely by way of an amendment:

‘That the Council be represented on the Barton Road Community Centre by a Member from one of the relevant Wards, namely Scotforth East, Scotforth West or John o’Gaunt, to be nominated and voted upon by Council.’

With the agreement of the meeting and her seconder, Councillor Kirkman accepted this as a friendly amendment.

On being put to the vote the Mayor declared the proposition clearly carried and requested nominations for the position.

Councillor Gilbert was nominated by Councillor Kirkman and seconded by Councillor Blakely.

Councillor Towers was nominated by Councillor McCulloch and seconded by Councillor Dennison.

On being put to the vote, 21 Members voted for Councillor Gilbert and 8 for Councillor Towers whereupon the Mayor declared Councillor Gilbert the Council’s representative.

Resolved:

(1)               That Council be represented on the newly established North Lancashire Health and Wellbeing Group by one Member to be nominated and voted upon by Council.

(2)               That Council be represented on the Lancaster International Twinning Society by one Member to be nominated and voted upon by Council.

(3)               That Council continue to be represented on the Poulton Neighbourhood Management Board by the relevant Cabinet Member and Poulton Ward Councillors and that the positions remain vacant at the present time should the Ward Councillors not wish to take up their appointment.

(4)               That Council be represented on the Barton Road Youth and Community Centre Community Association by one Member of one of the relevant Wards, namely Scotforth East, Scotforth West or John o’Gaunt, to be nominated and voted upon by Council.

(5)               That the following appointments be approved for the period to May 2011:

           

North Lancashire Health and Wellbeing Group

Councillor Clifford

Lancaster International Twinning Society

Councillor Denwood

Barton Road Youth and Community Centre Community Association

Councillor Gilbert

To receive the Minutes of the meeting of Cabinet held on 7^th October 2008.

Council considered the Cabinet minutes of the meeting held on 7^th October 2008.  There were no questions.

Resolved:

That the report be noted.