Agenda and minutes

Council - Tuesday, 5th April 2011 6.30 pm

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Venue: Council Chamber, Town Hall, Chorley

Contact: Carol Russell 

Items
No. Item

167.

Apologies for absence

Minutes:

An apology for absence was received from Councillor H Caunce.

168.

Minutes of the last Council meeting held on Tuesday, 1st March 2011. pdf icon PDF 3 MB

Minutes:

RESOLVED – That the minutes of the last meeting of the Council held on 1 March 2011 be confirmed as a correct record for signature by the Mayor.

169.

Declarations of Any Interests

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

 

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

Minutes:

Councillor Peter Malpas declared a personal interest in item 11 (notice of motions) as an elected Member of Lancashire County Council.

170.

Mayoral Announcements

Minutes:

The Mayor thanked Councillors for their support for his fundraising activities over the year and referred to his Easter Raffle for which tickets were on sale. He reported that Alan Whittaker, a former Mayor of the Borough, was undertaking a sponsored bike ride to Hungary and was seeking sponsors in aid of both the Royal British Legion and Help the Homeless.

 

The Mayor referred to the forthcoming elections and paid tribute to the work of Councillors Laura Lennox, Pat Haughton and Ted Smith who were not seeking re election this time. All other political group leaders responded with their thanks to the three Councillors for their commitment to the work of the Council and their contributions to their political groups.

171.

Public Questions

Members of the public who have requested the opportunity to ask question(s) on any item(s) on the agenda will be asked to put their question(s) to the Council. Members of the public will be allowed to ask one supplementary question within their allocated 3 minutes.

Minutes:

There had been no requests from any members of the public to speak at the meeting on any of the agenda items.

172.

Executive Cabinet pdf icon PDF 92 KB

A report of the meeting held on 31 March 2011 is now attached.

Additional documents:

Minutes:

Members considered a general report of four meetings of the Executive Cabinet held on 1 November and 9 December 2010; 17 February and 31 March 2011.

 

It was moved by the Executive Leader (Councillor Peter Goldsworthy), seconded by the Deputy Leader (Councillor Pat Case) and RESOLVED that the report be noted.

173.

Review of Licensing Policy Statement under the Licensing Act 2003 pdf icon PDF 505 KB

To consider the enclosed report of the Director of People and Places, and adopt the reviewed Licensing Policy. 

Additional documents:

Minutes:

The Council meeting considered a report of the Director of People and Places on the adoption of the revised Licensing Policy Statement under the Licensing Act 2003.

 

The Council had a statutory duty to produce a Licensing Policy Statement demonstrating how the Council would determine applications for licences under the Licensing Act 2003 for the forthcoming three years. The Policy Statement had already been considered by the Licensing and Public Services Committee and Executive Cabinet and also been subject to extensive consultation. Minor changes had been made as a result of the consultation process.

 

The Chair of Licensing and Public Safety Committee (Councillor Keith Iddon) proposed, the Vice Chair (Councillor Pat Haughton) seconded and it was RESOLVED – that the reviewed Licensing Policy Statement (Licensing Act 2003) be approved and adopted by the Council, with comments arising from the consultation and the responses to those comments, being noted.

174.

Review of Member Allowances pdf icon PDF 509 KB

To consider the enclosed report of the Chief Executive and confirm the membership of the Independent Remuneration Panel.

Minutes:

The Executive Leader presented a report to the Council seeking approval to the appointment of an Independent Remuneration Panel to undertake a review of the current Members Allowances Scheme.

 

In line with the Members Allowances Regulations, Chorley Council’s elected Member Allowances Scheme was due for review and this was required to be undertaken by a panel of independent members. The current panel had one vacancy and the report suggested a replacement member along with the reappointment of the other two members for a period of three years.

 

The Executive Leader (Councillor Peter Goldsworthy) proposed, the Deputy Leader (Councillor Pat Case) seconded and it was RESOLVED: that Allan Jones, Chair of Chorley Partnership Board be appointed to the Council’s Independent Remuneration Panel to serve alongside Dennis Benson and Tom Waring for a period of three years.

175.

Capital Programme, 2010/11 to 2012/13 - Monitoring Report pdf icon PDF 526 KB

To consider the enclosed report of the Director of Transformation.

 

 

 

Additional documents:

Minutes:

This item was withdrawn at the meeting as the information had been superceded by the budget position agreed at Council on 1 March 2011.

176.

Overview and Scrutiny Committee and Task and Finish Groups pdf icon PDF 72 KB

A report of the meeting held on 28 March 2011 is now enclosed.

 

Additional documents:

Minutes:

Members considered a general report of four meetings of the Overview and Scrutiny Committee held on 8 November and 6 December 2010; 14 February and 28 March 2011.

 

It was moved by the Chair of the Overview and Scrutiny Committee (Councillor Adrian Lowe), seconded by the Vice Chair (Councillor Alan Cullens) and RESOLVED that the report be noted.

 

177.

Audit Committee pdf icon PDF 55 KB

A report of the meeting held on 17 March 2012 is now enclosed.

 

Additional documents:

Minutes:

Members considered a general report of two meetings of the Audit Committee held on 20 January and 17 March 2011.

 

It was moved by the Chair of Audit Committee (Councillor Anthony Gee), seconded by the Vice Chair (Councillor Laura Lennox) and RESOLVED that the report be noted.

 

178.

Amendments to the Constitution pdf icon PDF 536 KB

To consider the enclosed report of the Monitoring Officer on changes to the Constitution.

Additional documents:

Minutes:

The Executive Leader presented a report on changes to the Council’s Constitution covering three areas of provision.

 

The first was to make Constitutional provision for the implementation of the Strong Leader Model for the governance of the Council which was agreed in April 2010 but would come into effect from Annual Council on 17 May 2011.

 

The second provision was to introduce a mechanism of Substitute Members for Development Control and Licensing and Public Safety Committees. This would take effect from 17 May 2011 and would allow each political group to nominate one Substitute Member each for these two committees. Nominated substitutes must have received appropriate training to allow them to serve on those Committees.

 

The third area of change was to agree revised Contract Procedure Rules to more closely align Chorley and South Ribble Council in undertaking joint procurement work  to achieve greater efficiencies.

 

It was moved by the Executive Leader (Councillor Peter Goldsworthy), seconded by the Deputy Leader (Councillor Pat Case) and RESOLVED:

that the following changes to be agreed and that the Constitution be revised accordingly:

 

1.    Constitutional provision for the Strong Leader Model which is being adopted from May 2011 be approved under a revised Article 7 of the Constitution set out in Appendix 1 to the report.

2.  The provision for substitute members at Development Control and Licensing and Public Safety Committees be approved as set out in paragraph 19 of the report; and.

3.    The revised Contract Procedure Rules be approved as set out in Appendix 2 of the report.

179.

Questions asked under Council Procedure Rule 8

Minutes:

There had been no requests for questions from Members under Procedure Rule 8.

 

180.

To consider the Notices of Motion given in accordance with Council Procedure Rule 10 pdf icon PDF 38 KB

To consider the attached four motions from Councillor Peter Wilson.

Minutes:

The Council meeting considered four motions put forward by Councillor Peter Wilson.

 

1. Community Transport

 

The Council considered the following motion moved by Councillor Dennis Edgerley and seconded by Councillor Terry Brown.

 

“This Council welcomes the decision to maintain community transport service levels for the next three months.   The Council recognises the valuable role community transport services play and the importance to pensioners of using their NowCards on these services. Therefore we urge the Council to make representations to Lancashire County Council to use this three month period to make arrangements for maintaining all community transport services in the future at their current levels.”

 

RESOLVED – That this motion be supported.

 

 

 

2. Social Care

 

The Council considered the following motion moved by Councillor Alistair Bradley and seconded by Councillor Laura Lennox.

 

“Chorley Council recognises the huge contribution that parents who act as full time carers to disabled children make to our society. We also acknowledge and applaud the help and support they have been given by Lancashire County Council in the past through the provision of much needed respite care. Chorley Council, however, wishes to express its’ opposition to the County Council’s decision to reduce this provision as a part of its response to the Government’s cut in funding. We request that the Leader of the Council writes to the Leader of Lancashire County Council and demands that the LCC Cabinet reconsiders this decision which has caused heartache and distress to so many.”

 

The following revised wording was put forward by the Executive Leader (Councillor Peter Goldsworthy) and seconded by the Deputy Leader (Councillor Pat Case).

 

“Chorley Council recognises the huge contribution that parents who act as full time carers to disabled children make to our society. We also acknowledge and applaud the help and support they have been given by Lancashire County Council in the past through the provision of much needed respite care.

 

Chorley Council notes the publicity given to the changes being made to respite care and that the changes are designed to improve respite care provision in the county making it fit for purpose. We request that the Leader of the Council writes to the Leader of Lancashire County Council seeking assurances that no families are disadvantaged and no respite care will be removed from anyone.”

 

RESOLVED – that the amended motion be supported.

 

3. Support For Senior Citizens

 

The Council considered the following motion moved by Councillor Peter Wilson and seconded by Councillor Anthony Gee.

 

“As part of this Council’s ongoing support and commitment to ensure good health and wellbeing amongst older people, we call on the government to immediately restore the proposed cut in winter fuel payments proposed in the recent Budget.”

 

RESOLVED – that this motion be supported.

 

4. Local Democracy and the Planning Process

 

The Council considered the following motion moved by Councillor June Molyneaux and seconded by Councillor Roy Lees.

 

This Council recognises the importance of empowering local people in the decision making process and supports the Council’s vision outlined in  ...  view the full minutes text for item 180.

181.

Any other item(s) the Mayor decides is/are urgent

Minutes:

The Mayor reported that there was a need to increase the number of Councillors serving on the Human Resources Appeals Committee as a matter of urgency.

 

RESOLVED – That the following additional Members be appointed to the Human Resources Appeals Committee; Councillors Judith Boothman, Mike Devaney, Marion Lowe and Stella Walsh.