Agenda and minutes

Annual, Council - Wednesday, 17 May 2017 5.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Inge Booth 

Items
No. Item

C/1

Chairman

To elect a Chairman of the Council for the ensuing year.

 

(The incoming Chairman will then take the Chair.)

Minutes:

The outgoing Chairman, Councillor Sylvia Emmott, presided over the election of the Chairman of the Council for the ensuing Council year.

 

It was proposed by Councillor Giles Archibald and seconded by Councillor Stephen Coleman that Councillor Eric Morrell be elected Chairman of the Council for the ensuing year.

 

Councillor Ben Berry proposed Councillor David Williams, and this was seconded by Councillor Helen Irving.

 

Following a vote, it was

 

RESOLVED – That Councillor Eric Morrell be elected Chairman of the Council for the ensuing year.

 

Note – There was a short adjournment whilst the Chairman signed the official declaration of acceptance of office, and the meeting resumed with the same Members present, with Councillor Morrell in the Chair.

C/2

Chairman's Announcements

To receive announcements by the Chairman or retiring Chairman.

Minutes:

A list of engagements which the former Chairman had attended since the last meeting had been circulated prior to the meeting.

 

The incoming Chairman thanked Members for electing him to the role and assured them that he would do his best to serve the interests of the Council.  He paid tribute to the contribution made to the work of both the Council and charitable organisations, by the former Chairman, Councillor Sylvia Emmott.

 

The Chairman welcomed Vicky Hughes, newly elected Councillor for the Ambleside and Grasmere Ward.

C/3

Vice-Chairman

To appoint a Vice-Chairman of the Council for the ensuing year.

Minutes:

It was proposed by Councillor Giles Archibald and seconded by Councillor Sylvia Emmott that Councillor Stephen Coleman be appointed Vice-Chairman of the Council for the ensuing year.

 

RESOLVED – That Councillor Stephen Coleman be appointed Vice-Chairman of the Council for the ensuing year.

C/4

Minutes pdf icon PDF 243 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 29 March 2017 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 29 March 2017.

C/5

Declarations of Interest

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

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable 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.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

C/6

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

C/7

Leader's Announcements pdf icon PDF 6 KB

To receive any announcements by the Leader of the Council and any update on Deputy Leader and Cabinet appointments and delegations for the discharge of the Executive functions of the Council.

Additional documents:

Minutes:

Prior to the commencement of the meeting, details of those Members appointed by the Leader to the Cabinet and their relevant portfolios had been circulated, together with an updated Scheme of Delegation for the discharge of the Executive functions of the Council.

 

The Leader thanked Councillor Chris Hogg, former Portfolio Holder for Culture and Wellbeing, for his work, and advised that Councillor Matt Severn would be taking up this role, with the new portfolio title of Culture, Media and Sport.  The portfolio would now include the area of licensing and work relating to wellbeing would move to Councillor Sue Sanderson’s portfolio, with her portfolio title being renamed to Council Organisation, People and Wellbeing.  Councillor Sanderson would also continue as Deputy Leader.

 

In presenting the appointments and Scheme of Delegation, the Leader made reference to the recent incident of cybercrime which had affected the National Health Service.  He confirmed that the Authority’s IT systems were protected and that the Council had not suffered any problems as a result of the incident.  He thanked those involved.

 

RESOLVED – That

 

(1)        it be noted that the Leader

 

(a)        has confirmed the following Cabinet portfolios and appointments:-

 

(i)         Council Organisation, People and Wellbeing Portfolio – Councillor Sue Sanderson;

 

(ii)        Culture, Media and Sport Portfolio – Councillor Matt Severn;

 

(iii)       Economy Portfolio – Councillor Graham Vincent;

 

(iv)       Environment Portfolio – Councillor David Fletcher;

 

(v)        Finance Portfolio – Councillor Peter Thornton;

 

(vi)       Housing and Innovation Portfolio – Councillor Jonathan Brook; and

 

(vii)      Promoting South Lakeland Portfolio – Councillor Giles Archibald; and

 

(b)        has re-appointed Councillor Sue Sanderson as Deputy Leader; and

 

(2)        the report from the Leader on the Scheme of Delegation for the discharge of the Executive functions of the Council, circulated at the meeting and attached as an Appendix to these minutes, be received.

C/8

Shadow Executive

To receive any updates on the Shadow Executive from the Leader of the Opposition.

Minutes:

The Shadow Leader, Councillor Ben Berry, announced the appointments to the Shadow Executive.

 

RESOLVED – That the following appointments to the Shadow Executive be noted:-

 

(1)        Council Organisation, People and Wellbeing Portfolio and Deputy Shadow Leader – Councillor Tom Harvey;

 

(2)        Culture, Media and Sport Portfolio – Councillor David Williams;

 

(3)        Economy Portfolio – Councillor Janette Jenkinson;

 

(4)        Environment Portfolio – Councillor James Airey;

 

(5)        Finance Portfolio – Councillor Kevin Lancaster;

 

(6)        Housing and Innovation Portfolio – Councillor John Holmes; and

 

(7)        Promoting South Lakeland Portfolio and Shadow Leader – Councillor Ben Berry.

C/9

Allocation of Committee Places, Appointment of Committee Chairmen and Vice-Chairmen, Scheme of Delegation and Member Champions pdf icon PDF 190 KB

To consider a report from the Director of Policy and Resources (Monitoring Officer) on the allocation of committee places, the Scheme of Delegation and Member Champions, and on the appointments of Committee Chairmen and Vice-Chairmen.  (Nominations received from Group Leaders for Committee Memberships and Committee Chairmen and Vice-Chairmen will be circulated prior to the meeting.)

Additional documents:

Minutes:

In accordance with the provisions of the Local Government and Housing Act 1989, Council gave consideration to the political balance of the Council and to the committees and size of committees for the forthcoming year.  Prior to the commencement of the meeting, Members had been provided with a revised copy of Appendix 2 to the report (Size and Seats to be allocated to Political Groups on Committees), in addition to proposed committee memberships lists as agreed with the Group Leaders.

 

Members had formed into three groups for the purpose of allocating committee places.  The groups and their number of Members were as follows:–

 

Liberal Democrat – 32 Members

 

Conservative – 16 Members

 

Labour – 2 Members

 

In addition there was one independent Member on the Council.

 

The Director of Policy and Resources (Monitoring Officer) asked Council to approve the list of the committee allocations, proportional to the Council membership, together with the nominations to each Committee as circulated at the meeting.  Nominations received for Chairmen and Vice-Chairmen to each Committee had also been circulated at the meeting. Nominations to the County Council’s Health Scrutiny Committee, taken from the proposed membership of the Overview and Scrutiny Committee, had also been included.

 

The Director asked Council to consider whether the concept of the role of Member Champions should continue, no requests for specific positions having been made in recent years.  She also asked Members to approve an amendment to the Human Resources Committee’s Terms of Reference which was attached as Appendix 3 to the report.

 

It was proposed by Councillor Giles Archibald, seconded by Councillor Ben Berry and, subsequently

 

RESOLVED – That

 

(1)        the committees and Terms of Reference for those committees, as detailed in Table 2, Part 3 of the Council’s Constitution, with the amendment as detailed in paragraph 3.6 of the report, be approved for the forthcoming municipal year;

 

(2)        the delegation of Council functions and Proper Officer appointments be confirmed as set out in Part 3 of the Council’s Constitution;

 

(3)        the size of the committees and the seats of each committee to political groups be approved and allocated in accordance with the table set out below:-

 

 

Liberal Democrat

Conservative

Labour

Independent

Committees (68 places)

43

21

3

1

Audit (7)

4

2

0

1

Human Resources (9)

7

2

0

0

Licensing Regulatory (15)

9

5

1

0

Overview and Scrutiny (12)

8

4

0

0

Planning (18)

11

6

1

0

Standards (7)

4

2

1

0

 

(4)        seats on those committees that are not subject to political balance rules be allocated as set out below:-

 

 

Liberal Democrat

Conservative

Labour

Independent

Committees (31 places)

 

 

 

 

Lake Administration (24 Members in total – 16 District Councillors)

10

5

1

0

Licensing (15)

9

5

1

0

 

(5)        nominations of Councillors to serve on each committee, as circulated at the meeting, be received;

 

(6)        nominations of chairmen and vice-chairman of the committees, as circulated at the meeting, be approved, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Stephen Coleman

Ian Stewart

Human Resources  ...  view the full minutes text for item C/9

C/10

Draft Calendar of Meetings pdf icon PDF 77 KB

To agree the Calendar of Meetings for May 2017 to July 2018 (copy attached).

Minutes:

The Council gave consideration to the draft Calendar of Meetings for the period May 2017 to July 2018.

 

The Director of Policy and Resources (Monitoring Officer) reported a change to the proposed dates for the Cabinet and Planning Committee meetings in May 2018 due to the need to schedule the Annual Council Meeting later than usual in the month following all-out elections.  The Cabinet meeting would instead take place on Wednesday, 6 June 2018, and the Planning Committee meeting on Thursday, 7 June 2018.

 

In addition, she asked Members to note that the refresher training on the Code of Conduct and Member/Officer Protocol shown on 25 July 2017 would now be taking place on 14 June, at 5.30 p.m.  Member Services would continue to provide updates with regard to all of the training events contained within the 2017/18 Member Learning and Development Programme which was shortly due to be published.

 

It was moved by Councillor Tom Harvey, seconded by Councillor Dyan Jones and, subsequently

 

RESOLVED – That, subject to the alterations highlighted at the meeting and outlined above being made, the Council’s Calendar of Meetings covering the period May 2017 to July 2018 be approved.

C/11

2016/17 Revenue and Capital Carry Forwards pdf icon PDF 64 KB

To consider approval of the 2016/17 Revenue and Capital carry forward requests.

Additional documents:

Minutes:

Councillor Peter Thornton, Finance Portfolio Holder, presented Revenue and Capital carry forward requests relating to 2016/17 which had been recommended to Council for approval by Cabinet on 26 April 2017 (Minute No.CEX/138 refers).

 

The report to Council included a recommendation for budget changes arising from the UK General Election to be held on 8 June 2017.  The Election would lead to the Council incurring an estimated £200,000 in revenue costs, which would be fully reimbursed through grant from Central Government.

 

Responses were given to questions raised by Members in relation to the carry forward requests.  The carry-forward request for circa £75,000 relating to funds that would support the ongoing administration of flood resilience grants was not entirely related to the last minute flurry of applications, as it had always been anticipated that there would be work to be carried out, irrespective of numbers.  With regard to the figure of circa £75,000 for one-off potential costs to support review of the Grounds Maintenance Contract, this was due to the fact that legal fees would be payable until the end of negotiations regarding the extension of the contract, in approximately two weeks’ time.

 

Councillor Thornton, having moved the recommendations contained within the report, was seconded by Councillor Chris Hogg.

 

RESOLVED – That

 

(1)        the contents of the report be noted;

 

(2)        the revenue and capital carry forwards, as set out in Appendices 1 and 2 to the report, be approved; and

 

(3)        a cost neutral change to the 2017/18 revenue budget for costs and income linked to the UK General Election, as set out at paragraph 3.7 of the report, be approved.

C/12

Annual Report 2016/17 pdf icon PDF 155 KB

To consider the Annual Report 2016/17.

Additional documents:

Minutes:

The Annual Report detailed the Council’s significant projects and achievements over the last 12 months.  Organisational successes had been presented in the visual format of a timeline as per the previous year. The Report reflected the Council Plan priorities and had been written in a concise and plain English format to maximise impact.  Once approved, it would be distributed to partners and published on the Council website with links to the Council Plan and the Five Year Strategy.

 

In moving that the report be approved, Councillor Giles Archibald highlighted the fact that, whilst the past year had been dominated by the recovery from Storm Desmond, it was of credit to both officers and councillors that the Council had been able to successfully deliver many important projects. There remained a lot more to achieve, for example through projects in relation to Ulverston Leisure Centre, Grange Lido and Rothay Park, amongst others.  At the same time, the Council would continue to facilitate its ambition for 1,000 new jobs and 1,000 new affordable homes to rent by 2025.  Key to the success of the Council was its cross-party collaboration and partnership working with all tiers of local government and the voluntary sector.  Councillor Archibald drew attention to the fact that the role of local government was not merely to fulfil its statutory obligations but also to enhance its public realm.  Councillor Archibald reminded Members of the Council’s responsibility to those residents of the community facing poverty and the bold step which had been taken by the Council in attempting to tackle the issue through an Overview and Scrutiny Workshop.  In closing, Councillor Archibald referred to the environment and to the need for the Council to do what it could to address climate change.

 

Councillor Sanderson, seconding Councillor Giles Archibald, made particular reference to the Council’s Customer Connect Project and to the involvement which would be required by Members.  She expressed thanks to the Member Support Steering Group for its work in this area and to the North West Employers’ Organisation for its input.  Councillor Sanderson stressed the importance of Member Development which was key to the Customer Connect initiative.

 

Councillor Janette Jenkinson paid tribute to the involvement of staff and partners who implemented the strategic direction of the Council and the Chairman hoped that these sentiments would be passed on.

 

RESOLVED – That the Annual Report 2016/17 be approved.

C/13

Audit Committee - Annual Report 2016/17 pdf icon PDF 156 KB

To receive the Audit Committee’s Annual Report which summarises the activities of the Committee during 2016/17.

Additional documents:

Minutes:

The Annual Report from the Audit Committee, which summarised the activities of the Committee during 2016/17, was presented by Councillor Stephen Coleman, the Chairman of the Committee.

 

Councillor Coleman thanked Members, officers and both internal and external auditors for their work.  He referred to a query raised at a recent meeting of the Audit Committee on fraud in relation to flood resilience grant claims.  He informed Members that 1,300 applications had been received by the Council, of which 853 had been approved at the end of April and £1,629,800 paid.  There had been five claims where fraud had been found – one prosecution had been to court, with a guilty plea; one prosecution was pending; and three claims had not been paid, although not prosecuted.  Internal Audit had reviewed the grants process and would be reporting to the Audit Committee in July.  Councillor Coleman informed Members that the Committee was working well, with cross party support.

 

Councillor Coleman moved that the report be received and was seconded by Councillor Stan Collins.

 

Councillor Kevin Lancaster welcomed the report and made reference to the many changes in audit regime and the tight timescales set by financial regulations.  He wondered whether the Council’s current audit arrangements remained appropriate and suggested that consideration should be given to whether this was the best and most economic way of providing the audit function.

 

RESOLVED – That the 2016/17 Audit Committee Annual Report be received.

C/14

Standards Committee - Annual Report 2016/17 pdf icon PDF 195 KB

To receive the Standards Committee Annual Report for 2016/17.

Additional documents:

Minutes:

Council considered the Annual Report of the Standards Committee for the municipal year 2016/17, which was presented by Councillor Pete McSweeney, the Vice-Chairman of the Committee.  He thanked officers, Standards Committee Members and Co-optees and the Independent Person for their contribution, and officers for their work in the background.  He moved that the report be received and was seconded by Councillor Phil Walker.

 

RESOLVED – That the 2016/17 Standards Committee Annual Report be received.

C/15

Scrutiny Annual Report 2016/17 pdf icon PDF 155 KB

To receive the Overview and Scrutiny Committee’s Annual Report which summarises the work and achievements of the Committee during 2016/17.

Additional documents:

Minutes:

The Chairman of the Overview and Scrutiny Committee, Councillor Dyan Jones, presented the Scrutiny Annual Report 2016/17. The report was required by the Council’s Constitution, and provided an opportunity for the Committee to demonstrate the work that it had undertaken during the past year, and to outline the work planned for 2017/18.

 

In moving that the report be received, Councillor Jones expressed thanks to the officers in Committee Services for their involvement.  In particular, she praised the Committee Services/Scrutiny Officer for his hard work and support throughout the year.  The proposal was seconded by Councillor Nick Cotton.

 

Members echoed thanks to officers and also to the Chairman for her work.  It was felt that the Council’s Scrutiny function was progressing well and making a difference.

 

RESOLVED- That the Scrutiny Annual Report 2016/17, as at Appendix 1 to the report, be received.

C/16

Annual Reports from Representatives on Outside Bodies 2016/17 pdf icon PDF 166 KB

Further to EX/015 (2006/07), to receive annual reports from Council representatives on outside bodies.  (Any reports received after this Agenda has been sent to print will be circulated separately.)

Additional documents:

Minutes:

Further to Minute EX/015 (2006/07), annual reports for 2016/17 from Council representatives on outside bodies which had been submitted for inclusion on the agenda were presented.  An additional report received after the agenda had been printed had been circulated prior to the commencement of the meeting.

 

In moving that the reports be received, Councillor Giles Archibald thanked those Members who had prepared them.  He was seconded by Councillor Helen Irving.

 

RESOLVED - That the annual reports for 2016/17 from Council representatives on outside bodies be received.

C/17

Representation on Outside Bodies 2017/18

Further to EX/017 (2006/07), to make appointments to, or appoint representatives to serve on, the following outside bodies (one year term unless otherwise stated):-

 

·        Cumbria Police and Crime Panel (one Liberal Democrat Member in accordance with the Panel’s Constitution (previously Councillor Ian Stewart))

·        Local Government Association General Assembly (Leader of the Council plus one Member (previously Councillor Stan Collins))

·        North West Local Authorities Employers’ Organisation (one Member (previously Councillor Sue Sanderson) and one Substitute (previously Councillor Peter Thornton))

 

Please note, the following terms of appointment have not yet expired:-

 

·        Lake District National Park Authority (two Members) (Councillors David Fletcher and Vivienne Rees (to 2020 or to the end of term on South Lakeland District Council, whichever is the shorter))

·        Yorkshire Dales National Park Authority (one Member) (Councillor Brenda Gray (to May 2018))

Minutes:

Further to EX/017 (2006/07), Council was asked to consider appointments to/appoint representatives to serve on outside bodies.

 

Councillor Giles Archibald, seconded by Councillor Sylvia Emmott, proposed that Councillor Pete McSweeney be appointed to the Cumbria Police and Crime Panel.

 

Councillor Giles Archibald, seconded by Councillor Sue Sanderson, proposed that, together with the Leader of the Council, Councillor Stan Collins be re-appointed as the Council’s representative on the Local Government Association General Assembly.

 

Councillor Giles Archibald, seconded by Councillor Andrew Jarvis, proposed that Councillor Sue Sanderson be re-appointed as the Council’s representative on the North West Local Authorities Employers’ Organisation, with Councillor Annie Rawlinson to be appointed as the Council’s substitute on the Organisation.

 

The Chairman pointed out that the current terms of appointment for the Members of the Council on both the Lake District and Yorkshire Dales National Parks Authorities had not yet expired.

 

Votes were taken and it was subsequently

 

RESOLVED – That appointments to/appointment of representatives to serve on outside bodies for 2017/18 (or for terms as otherwise stated) be made as follows:-

 

(1)        Cumbria Police and Crime Panel – Councillor Pete McSweeney;

 

(2)        Local Government Association General Assembly – the Leader of the Council and Councillor Stan Collins; and

 

(3)        North West Local Authorities Employers’ Organisation – Councillor Sue Sanderson, with Councillor Annie Rawlinson as substitute Member.

C/18

Minutes of Meetings

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 13 March and 21 April 2017.

Minutes:

RESOLVED – That it be noted that no comments or questions had been received in respect of the minutes of committee meetings held between 13 March and 21 April 2017.

C/19

Questions to Chairman of the Council or Chairman of any Committee or Sub-Committee

To deal with any questions under Rule 10.6 of the Council’s Rules of Procedure, of which due notice has been given and/or the Chairman allows as a matter of urgent business and which are in relation to any matter over which the Council has powers or duties or which affect the area.

Minutes:

RESOLVED – That it be noted that no questions had been received.

C/20

Urgent Decisions pdf icon PDF 112 KB

In accordance with Paragraph 17.3 of the Access to Information Procedure Rules, to receive details of any urgent Executive Decisions taken since the last scheduled meeting of Council on 29 March 2017.

Minutes:

Details of an urgent Executive Decision (CEX/140 (2016/17)), which had been taken with regard to the extension of environmental liability insurance relating to the 2012 housing transfer, were reported, in accordance with paragraph 17.3 of the Access to Information Procedure Rules.

 

RESOLVED – That the urgent Executive Decision (CEX/140 (2016/17)) be noted.

C/21

Toast by Chairman

The Chairman will toast, all present then standing:-

 

(1)        by name, the former district authorities now incorporated in South Lakeland, namely:-

 

·        Kendal Borough Council;

·        Grange Urban District Council;

·        Lakes Urban District Council;

·        North Lonsdale Rural District Council;

·        Sedbergh Rural District Council;

·        South Westmorland Rural District Council;

·        Ulverston Urban District Council;

·        Windermere Urban District Council; and

 

(2)        the honourable memory of the County of Westmorland.

Minutes:

The Chairman toasted, all present then standing, the memory of the former district authorities now incorporated in the South Lakeland District, namely:-

 

·        Kendal Borough Council;

·        Grange Urban District Council;

·        Lakes Urban District Council;

·        North Lonsdale Rural District Council;

·        Sedbergh Rural District Council;

·        South Westmorland Rural District Council;

·        Ulverston Urban District Council; and

·        Windermere Urban District Council; and

 

the honourable memory of the County of Westmorland.

Appendix to Minutes pdf icon PDF 205 KB