Agenda, decisions and minutes

Council
Wednesday 18th January, 2017 7.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

316.

To approve as a correct record the minutes of the Council Meeting held on 16 November 2016 pdf icon PDF 88 KB

Minutes:

The minutes of the meeting held on 16 November 2016 were signed as a correct record.

317.

Declaration of interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None declared.

318.

Exclusion of the Press and Public

To consider whether there are any items on the agenda for which the press and public should be excluded.

Minutes:

There were no items on the agenda for which the press and public should be excluded.

319.

Questions and Petitions

To answer questions under Procedural Rule No. 4.16 from members of the public and from Councillors under Procedural Rule No. 4.17.2 and to receive Petitions under Access to Information Rules.

 

Minutes:

None received.

320.

Notices of Motion

To receive Notices of Motion.

 

Councillor B Finlay submitted the following notice of motion:

 

‘This Council resolves to request the Monitoring Officer to include a proposal as part of the report to the AGM in May 2017 that all of our Scrutiny committees be chaired by members drawn from outside the group or groups controlling the Council, and that the work programme of Scrutiny be determined by its members in consultation with colleagues to obviate the risk of the Executive being perceived or accused of shaping or directing its activities, the report to include recommendations on how the Council's Constitution can be amended to facilitate this approach.’

Minutes:

Councillor B Finlay moved the following:

 

‘This Council resolves to request the Monitoring Officer to include a proposal as part of the report to the AGM in May 2017 that all of our Scrutiny committees be chaired by members drawn from outside the group or groups controlling the Council, and that the work programme of Scrutiny be determined by its members in consultation with colleagues to obviate the risk of the Executive being perceived or accused of shaping or directing its activities, the report to include recommendations on how the Council's Constitution can be amended to facilitate this approach.’

 

This was seconded by Councillor N Cockburn.

 

In response to the motion, Councillor A Smith said:

 

‘A review of the Scrutiny function was identified last year and the Council now has capacity to take this forward with the appointment of a permanent Scrutiny officer who started in post at the beginning of this month.

 

The Council recognises that the scrutiny function is member-led and as such arrangements are now being made for an independent ‘peer challenge’ review of the whole function to be led by the LGA in the forthcoming weeks. This will seek to engage all members with the view to putting any recommendations in place by the new municipal year.

 

The outcome of the review will cover the issues the main motion is addressing.

 

In terms of the development of the annual Work programme, it is within the remit of the Overview and Scrutiny Committees to identify how they want to develop their Work Programmes and what goes on to it.’

 

Councillor A Smith moved the following amendment to the motion:

 

‘This Council resolves to request officers to report to the AGM in May 2017 on the outcome and recommendations of the independent ‘peer challenge’ review of the Scrutiny function, the report to include recommendations on how the Council's Constitution can be amended where necessary.’

 

Councillor M Fryer seconded the amendment.

 

A vote was taken on the amendment to the motion – 32 in favour, 15 against and 0 abstentions. The amendment to the motion was carried.

 

The amendment became the substantive motion.

 

A vote was taken on the substantive motion – 46 in favour, 0 against and 1 abstention. The substantive motion was carried.

 

Resolved

 

That the Council resolves to request officers to report to the AGM in May 2017 on the outcome and recommendations of the independent ‘peer challenge’ review of the Scrutiny function, the report to include recommendations on how the Council's Constitution can be amended where necessary.

321.

Councillor Speeches

To hear speeches (not exceeding 5 minutes each), for up to a specified period of 15 minutes, from individual members on a local issue in the Member’s Ward, of which 24 hours’ notice has been given to the Chief Executive.

Minutes:

None received.

322.

Announcements from the Mayor, Leader or Head of Paid Service

Minutes:

None received.

323.

Mayor's Engagements pdf icon PDF 54 KB

Minutes:

The Mayor made reference to the engagements she had attended since the last meeting. She thanked those Councillors who had also attended some of the events.

324.

Portfolio Holder Reports pdf icon PDF 91 KB

To consider reports from Members of the Executive.

Minutes:

Councillor A Smith presented his report. This was noted.

 

Councillor M Fryer presented his report. This was noted.

 

Councillor B Cannon presented her report. This was noted.

 

Councillor K Hansen presented his report. He thanked those Councillors who had attended the workshops he had held on the Regulatory Services Portfolio, where he had provided organisational charts on the new structure of the Revenues, Benefits, Customer Service and Document Management services, now known as Customer Operations. He informed Councillors that he would circulate these charts to them.

 

Councillor M Heaslip presented his report.

 

Councillor B Finlay asked for further information on Dog Control Orders (Public Space Protection Orders). Councillor M Heaslip agreed to provide further information.

 

Councillor B Jefferson presented his report. This was noted.

 

Councillor C McCarron-Holmes presented her report. This was noted.

 

Councillor P Tibble presented his report. This was noted.

325.

Executive Minutes pdf icon PDF 51 KB

To note the contents of the minutes of the meetings of the Executive held on 5 October, 8 November and 14 December 2016.

Additional documents:

Minutes:

Members reviewed the contents of the minutes of the Executive meetings held on 5 October, 8 November and 14 December 2016.

 

Agreed

 

That the minutes of the Executive meetings held on 5 October, 8 November and 14 December 2016 be noted.

326.

Changes to Committee Memberships pdf icon PDF 53 KB

Minutes:

The Head of Governance and Monitoring Officer submitted a report which sought Members to agree changes to committee memberships.

 

Councillor B Cannon moved that Councillor B Miskelly be appointed to the Corporate Overview and Scrutiny Committee. Councillor A Smith seconded. This was agreed.

 

Councillor B Cannon moved that Councillor J Osborn be appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. Councillor A Smith seconded.

 

Councillor T Markley moved that Councillor J Lister be appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. Councillor J Mounsey seconded.

 

Councillor M Fitzgerald moved that Councillor B Finlay be appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. Councillor L Davies seconded.

 

A vote was taken in favour of Councillor B Finlay being appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. 6 voted in favour, 26 against and 15 abstentions. The motion was lost.

 

A vote was taken in favour of Councillor J Lister being appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. 17 voted in favour, 26 against and 4 abstentions. The motion was lost.

 

A vote was taken in favour of Councillor J Osborn being appointed Vice-Chair on the Corporate Overview and Scrutiny Committee. 26 voted in favour, 15 against and 6 abstentions. The motion was carried.

 

Councillor B Cannon moved that Councillor J Farebrother be appointed Vice-Chair on the Community Overview and Scrutiny Committee. Councillor A Smith seconded.

 

Councillor T Markley moved that Councillor M Grainger be appointed Vice-Chair on the Community Overview and Scrutiny Committee. Councillor A Pitcher seconded.

 

Councillor B Finlay moved that Councillor H Harrington be appointed Vice-Chair on the Community Overview and Scrutiny Committee. Councillor M Fitzgerald seconded.

 

A vote was taken in favour of Councillor H Harrington being appointed Vice-Chair on the Community Overview and Scrutiny Committee. 7 voted in favour, 27 against and 13 abstentions. The motion was lost.

 

A vote was taken in favour of Councillor M Grainger being appointed Vice-Chair on the Community Overview and Scrutiny Committee. 15 voted in favour, 28 against and 4 abstentions. The motion was lost.

 

A vote was taken in favour of Councillor J Farebrother being appointed Vice-Chair on the Community Overview and Scrutiny Committee. 27 voted in favour, 19 against and 1 abstention. The motion was carried.

 

Councillor B Cannon moved that Councillor J Ellis be appointed Vice-Chair on the Licensing Committee. Councillor A Smith seconded.

 

Councillor T Markley moved that Councillor J Mounsey be appointed Vice-Chair on the Licensing Committee. Councillor M Grainger seconded.

 

A vote was taken in favour of Councillor J Mounsey being appointed Vice-Chair on the Licensing Committee. 18 voted in favour, 26 against and 3 abstentions. The motion was lost.

 

A vote was taken in favour of Councillor J Ellis being appointed Vice-Chair on the Licensing Committee. 27 voted in favour, 19 against and 1 abstention. The motion was carried.

 

Resolved

 

That:

 

1.  Councillor B Miskelly be appointed to the Corporate Overview and Scrutiny Committee

 

2.  Councillor J Osborn be appointed Vice-Chair on the Corporate Overview and Scrutiny Committee

 

3.  Councillor J Farebrother be appointed Vice-Chair on the Community Overview and Scrutiny Committee

 

4.  Councillor J Ellis be appointed Vice-Chair on the Licensing Committee

327.

Hackney Carriage and Private Hire Vehicles/Drivers Review of Policies pdf icon PDF 65 KB

To review the revised policies in respect of vehicle age, vehicle advertisement and the relevance of criminal convictions in the determination of applications relating to hackney carriage and private hire drivers

Additional documents:

Minutes:

The Senior Licensing and Compliance Officer submitted a report which sought Members to review the revised policies in respect of Vehicle Age, Vehicle Advertising and the relevance of criminal convictions relating to the determination of the application to grant or renew a Hackney Carriage or Private Hire Drivers Licence.

 

Councillor A Kendall moved that the policies contained within the report be approved. Councillor D Wilson seconded. This was agreed.

 

Resolved

 

That the following be approved:

 

1.  Vehicle Age Policy

 

2.  Vehicle Advertising Policy

 

3.  The Relevance of Criminal Convictions Relating to the Determination of the Application to Grant or Renew a Hackney Carriage or Private Hire Drivers Licence

328.

Reference from Audit Committee 28 November 2016 - Treasury Management Operations - Mid-year Review 2016/17 pdf icon PDF 37 KB

Additional documents:

Minutes:

The Financial Services Manager had submitted the mid-year review report on treasury management operations for 2016/17 to the Audit Committee on 28 November 2016. After considering the report, the Audit Committee had recommended that Council agree that the contents of the report be noted.

 

Councillor M Bainbridge moved the recommendation. Councillor J Colhoun seconded.

 

Resolved

 

That the contents of the mid-year review report on treasury management operations for 2016/17 be noted.

329.

Calculation of Council Tax Base for 2017-18 pdf icon PDF 59 KB

The calculation of the council tax base for the whole district and for each parish and town council, for 2017-18.

Additional documents:

Minutes:

The Head of Financial Services submitted a report which gave details on calculations for the council tax base for the whole district and for each parish and town council for the year 2017-18, as required by the Local Government Finance Act 1992 and the Local Authorities (Calculation of Council Tax Base) Regulations 2012.

 

Councillor B Cannon moved the recommendations set out in the report. Councillor M Fryer seconded. The motion was unanimously agreed.

 

Resolved

 

1.  That the report for the calculation of the council’s tax base for the year 2017-18 as set out in the Appendices, be approved

 

2.  That pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 2012, the amount calculated by Allerdale Borough Council as its tax base for the whole area for 2017-18 shall be 30,183.13

 

3.  That the major precepting authorities (Cumbria County Council and the Police and Crime Commissioner for Cumbria) be notified for the purpose of calculating the basic amount of its council tax

 

4.  That the tax bases be used by Allerdale Borough Council for calculating the basic amount of council tax as required by the Local Government Finance Act 1992 as amended

330.

Councillors Allowances 2017/18 pdf icon PDF 57 KB

Additional documents:

Minutes:

The Head of Governance and Monitoring Officer submitted a report which sought Members to consider the recommendations of the Independent Panel for Councillors Allowances on the Council’s Members’ Allowances Scheme for 2017/18, following the Panel’s review of the scheme.

 

The Independent Panel had recommended that the Basic Allowance payable to all Councillors be increased by £100 for the forthcoming year and an increase in the Special Responsibility Allowance payable to the Chair of the Development Panel. The Panel had also recommended the removal of the Broadband Allowance.

 

Councillor B Cannon moved that the recommendations set out in the report be approved. Councillor A Smith seconded.

 

Councillor B Finlay moved that the recommendations set out in the report be refused. Councillor L Davies seconded.

 

A vote was taken in favour of refusing the recommendations of the Independent Panel for Councillors Allowances. 18 voted in favour, 27 against and 2 abstentions. The motion was lost.

 

A vote was taken in favour of approving the recommendations of the Independent Panel for Councillors Allowances. 30 voted in favour, 12 against and 5 abstentions. The motion was carried.

 

Resolved

 

1.  That the report and recommendations of the Panel be endorsed as Appendix 1

 

2.  That the allowances paid to the Mayor and Deputy Mayor of Allerdale remain at £7,071 and £507 respectively

 

3.  That the Members’ Allowances Scheme 2017/18 be approved as Appendix 2