Agenda and minutes

The Mayor’s Chaplain for the evening, Father Michael, led Members and officers in prayer.

Apologies for absence were received on behalf of Councillors Aldridge, Mrs Baybutt and Devine.

If a member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

The following declarations were received:

1.       All Members present declared a pecuniary interest in item 9 ‘Members’ Allowances Scheme 2018/19 and Appointment of Independent Remuneration Panel and in relation to item 16 ‘Determination of Council Tax 2018/19’, but were entitled to speak and vote by virtue of an exemption. 

2.       a)   Councillors Councillors Ashcroft, Barron, Mrs Blake, Blane, Gordon, Kay, Mrs Marshall, Mee, Pope and Whittington declared a pecuniary interest in relation to relevant lines in the budget in respect of item 15 ‘Budget Requirement 2018/19’ and item 17 ‘Medium TermGRA Capital Programme’ in relation to Parish Council matters in view of their membership of a Parish Counciland indicated they would not participate in any detailed discussions which affected the finances of those bodies specifically.* 

          b)    Councillors Aldridge, Barron, Hennessy, O’Toole and Pope declared a pecuniary interest in relation to relevant lines in the budget in respect of item 15 ‘Budget Requirement 2018/19’ and item 17 ‘Medium TermGRA Capital Programme’ as Members of Lancashire County Council (LCC) as did Councillors Gagen and McKay as employees of LCC, and indicated that they would not participate in any detailed discussions which affected LCC.*

c)    Councillor Hennessy declared a disclosable pecuniary interest in relation to relevant lines in the budget in respect of item 15 ‘Budget Requirement 2018/19’ and item 17 ‘Medium TermGRA Capital Programme’ in respect of her appointment to West Lancashire Community Leisure.*

d)     Councillor Wynn declared a disclosable pecuniary interest in relation to item 15 ‘Budget Requirement 2018/19’ and item 17 ‘Medium TermGRA Capital Programme’, as he is employed by Essential Fleet Services Ltd to maintain Council vehicles and works at the Robert Hodge Centre and indicated he would not participate in any detailed discussions which affected his employer or employment.*

e)     The following Councillors, appointed by the Council to the bodies listed, declared a pecuniary interest in relation to relevant lines in the budget in respect of item 15 ‘Budget Requirement 2018/19’ regarding the ‘Grant to Voluntary Organisations’*.

        Councillors                          Voluntary Body

·       Moran                           Lancashire West CAB

·       Pendleton                      West Lancs Dial A Ride Association

·       G Hodson                     West Lancs CVS

Cooper

Nixon

        Pryce Roberts

·       Aldridge                        Homestart Central Lancashire

Ms Melling

·       J Davis                SW Lancs. Independent Community Advice Network

CouncillMee also declared an interest in West Lancs Dial A Ride Association as a member of the Executive Committee and his involvement with Community Cars.

g)     Councillor Whittington declared a pecuniary interest in relation item 15 ‘Budget Requirement 2018/19’ in respect of the ‘Community Grants’ as his wife is a trustee of Lancashire West CAB and this body had been recommended to receive funding for 2018/19:*

h)     Councillors Ashcroft, Barron, Blane, Mills, O'Toole, Stephenson, D Westley, Mrs Westley and Whittington declared a non-pecuniary interest in relation to item 15 'Budget Requirement 2018/19 as they are residents in Council Tax Band G and H properties, as did Councillor Cotterill as he is a customer at the Junk Food Café in Skelmersdale.

*  ...  view the full minutes text for item 82.

To receive as a correct record the minutes of the previous meeting.

RESOLVED:   That the minutes of the meeting held on Wednesday 13 December 2017, be approved as a correct record and signed by the Mayor.

The Mayor announced that the Mayor's Charity Ball is being held on Friday 6 April 2018 at Lancashire Manor Hotel and asked Members to support this event.

The following question was received:

Councillors Council Tax Payment Reminders and Arrears - Question raised by Councillor S Currie

"Recently a very damming report has labelled this council as one of the worst in the country for Councillors having to be reminded to pay council tax and having Councillors in arrears. Does the Leader think it is right that those Councillors, who are in arrears and therefore owe the tax payers money, continue to claim expenses from the very same tax payers?" 

The Mayor advised that a copy of the response would be e-mailed to Councillor Currie following the meeting and included on the Council's website.

To receive the minutes of the following meetings, to confirm, if appropriate, such of the minutes as require confirmation and to pass such resolutions as the Council may deem necessary:

Consideration was given to the minutes of the undermentioned meetings of the Committees shown.

RESOLVED  That the minutes of the undermentioned meetings and any recommendations contained in them, be approved:

A.    Licensing & Appeals Committee held on Tuesday, 5 December 2017.

B.    Planning Committee held on Thursday, 14 December 2017 and Thursday, 18 January 2018.

C.    Audit and Governance Committee held on Tuesday, 30 January 2018.

To consider the report of the Borough Treasurer.

Consideration was given to the report of the Borough Treasurer, as contained on pages 703 to 722 of the Book of Reports, which sought approval of the Pay Policy Statement for 2018/19 detailing the Authority’s policy on workforce remuneration, as required by the Localism Act 2011.

RESOLVED:   That the Pay Policy Statement for 2018/19 attached at Appendix 1 to the report be approved, published on the Council’s website and included in the Constitution.

To consider the report of the Borough Solicitor.

Consideration was given to the report of the Borough Solicitor, as contained on pages 723 to 728 of the Book of Reports, which sought approval of the Members’ Allowances Scheme for 2018/19 and detailed the Membership of the Independent Remuneration Panel (IRP).

A Motion to approve the recommendations at paragraphs 2.1 to 2.4 of the report was moved and seconded.

An Amendment was moved and seconded

A vote was taken on the Amendment, which was LOST.

A vote was taken on the Motion, which was CARRIED.

RESOLVED:   A.   That it be noted that the IRP has not recommended any changes to the Members Allowances Scheme for 2018/19 and consequently a report from the IRP has not been submitted for consideration.

B.   That it be noted that the Basic Allowance of £4,842 has been fixed for a 4 year period until 31 March 2020, the Council being able to ask the IRP to consider an increase in any year and to give specific reasons for the request.

C.   That the Borough Solicitor update the Members Allowance Scheme, effective from 1 April 2018, incorporating a Basic Allowance of £4,842 (no increase) and provision for SRA payments (no change), such scheme to be incorporated into the Constitution and subsequently published.

D.   That the Membership of the IRP for 2018/19 and the respective terms of office be noted and endorsed as follows:

   Mrs G Stanley (Chairman) 1 May 2021

   Mr J Boardman                 1 May 2020

   Mr I Thompson                 1 May 2019

To consider the report of the Chief Executive.

Consideration was given to the report of the Chief Executive, as contained on pages 729 to 740 of the Book of Reports, which sought agreement for a review of the Council's operating model, and to identify opportunities for further income generation and efficiencies, with the aim of ensuring that the Council can deliver its vision, key priorities, maintain service provision, and is financially sustainable beyond 2020/21.

Members were advised of the decision of Cabinet.

A Motion to approve the recommendations at paragraphs 3.1 to 3.5 was moved and seconded.

An Amendment to the Motion was circulated at the meeting, that was altered to include the words ".. all members of the Working Group be invited to attend all elected member meetings with the Consultants ..", which was moved and seconded.

The Amendment was accepted, with the agreement of the mover and seconder of the Motion and with the agreement of the meeting.

A vote was taken on the Altered Motion, which was CARRIED.

RESOLVED:   A.   That the Council's financial position be noted.

B.   That a Sustainable Organisation Review be undertaken adopting Option 3 'External Consultancy Support Model' at paragraph 6.1 of the report as the preferred approach.

C.   That funding from the Policy Options/Sustainable Organisation Review Reserve and projected HRA favourable budget variance be used to enable a Sustainable Organisation Review to be commenced as set out at paragraphs 9.1 to 9.2 of the report.

D.   That the Chief Executive be given delegated authority in consultation with the Sustainable Organisation Review Cabinet Working Group, to take all necessary steps to procure a suitable contractor or contractors to support the Sustainable Organisation Review, in accordance with paragraphs 5.1 to 5.3, 9.1 and 9.3 of the report and all members of the Working Group be invited to attend all elected member meetings with the Consultants, to be party to drawing up the consultants terms of reference, to be privy to the consultant's draft report and have the opportunity to discuss it with the Consultant. 

E.   That the Governance Arrangements set out at paragraphs 7.1 and 7.2 of the report be noted, and that the Chief Executive report on the Sustainable Organisation Review as set out at paragraph 7.1.

To consider the report of the Director of Leisure and Environment.

Consideration was given to the report of the Director of Leisure and Environment, as contained on pages 741 to 750 of the Book of Reports, which sought approval for a capital scheme that involves changing the use of the current green garden waste bin, using it for paper/cardboard and introducing a new brown bin for garden waste to improve both the recycling and garden waste service for residents and the future efficiency of the service.

Members were advised of the decision of Cabinet.

RESOLVED:   A.   That from 4 June 2018 the current green bin be used for the collection of cardboard/paper and a new brown bin be introduced as set out in section 6, 7 and 8 of the report, for use by those residents that sign up to the garden waste service.

B.   That the new charge of £25 for a wheeled bin, agreed in the policy options report at Council in December 2017 be implemented earlier than 1 April 2018, on 12 March 2018 to coincide with the launch of the garden waste service for 2018/19.

C.   That funding of £440,000 be provided from the capital programme to fund the introduction of a new brown bin and associated costs.

To consider a report of the Director of Leisure and Environment.

Consideration was given to the report of the Director of Leisure and Environment, as contained on pages 751 to 798 of the Book of Reports, which provided an update on the progress of the grounds maintenance and street cleansing review, outline the findings and recommendations of the report and proposed a way forward to deliver an action plan to achieve the proposed savings.

Members were advised of the decision of Cabinet.

RESOLVED:   A.   That the findings of the review, attached at Appendix 1 to the report, be noted.

B.   That the action plan, attached at Appendix 2 to the report, be agreed and capital funding associated with implementing the plan be approved from the capital programme.

C.   That the efficiency savings of £30,000 in 2018/19 be agreed and a future report be brought to Cabinet and Council on completion of further works to outline the savings for 2019/20.

D.   That delegated authority be given to the Director of Leisure and Environment to take the necessary steps to implement the recommendations of the review in consultation with the relevant Portfolio Holder.

To consider the report of the Director of Development and Regeneration.

Consideration was given to the report of the Director of Development and Regeneration, as contained on pages 799 to 810 of the Book of Reports, which detailed proposed changes to the existing charging structure of the Council's pay and display car parks in Ormskirk Town Centre.

Members were advised of the decision of Cabinet.

A Motion was circulated, which was moved and seconded.

Additional information from the Director of Development and Regeneration was also circulated at the meeting.

A vote was taken the Motion was CARRIED.

RESOLVED:     A.   That the Director of Development and Regeneration be authorised to make an order to introduce revised pay and display and parking permit charges on the Council's pay and display car parks in Ormskirk Town Centre as set out below:-

Short stay car parks (except Park Road)

                                                           Existing                 Proposed

Up to 1 hour                      £0.70

                              Up to 2 hours                    £1.10

                              Up to 3 hours                    £1.60                      £1.00

Up to 4 hours                    £2.00                      £2.00

Park Road

                                                           Existing                 Proposed

Up to 1 hour                      Free

                              Up to 2 hours                    £1.10

                              Up to 3 hours                    £1.60                      £1.00

Up to 4 hours                    £2.00                      £2.00

Long stay car parks (except Hants Lane)

                                                                   Existing                   Proposed

Up to 1 hour                      £0.70

                              Up to 2 hours                    £1.10

                              Up to 3 hours                    £1.60                      £1.00

Up to 4 hours                    £2.00                      £2.00

                    Up to 9 hours                    £3.00                      £3.00

            Hants Lane                      Existing                  Proposed

Up to 1 hour                      40p

                              Up to 2 hours                    60p

                              Up to 3 hours                    £1.00                      £1.00

                    Up to 9 hours                    £1.70                      £2.00

B.      That the annual cost of car parking permits be increased from £195 to £250.

C.      That the provision of 3 hours free parking in marked disabled spaces for Blue Badge Holders be continued.

D.      That the Director of Development and Regeneration, in consultation with the Portfolio Holder, be given delegated authority to consider and determine any objections received to the Order made.

E.      That the new charging structure for the Council’s pay and display car parks in Ormskirk Town Centre be monitored over a 12 month period in order to assess the outcomes.

(Note: Councillor Pope arrived during consideration of this item.)

To enable the Portfolio Holder / Shadow Portfolio Holder to present their budget statement it will be necessary to suspend Council Procedure Rule 13.4 for Agenda Items 15 and 18. (This Rule limits the length of a speech to 5 minutes.)

RESOLVED:     That Council Procedure rule 13.4 be suspended to enable the Portfolio Holder / Shadow Portfolio Holder / Spokesperson for OWL to present their budget statements, in respect of agenda items 15 (Budget Requirement 2018/19) and 18 (Housing Account – Revenue and Capital Programme).

To consider the report of the Borough Treasurer.

Consideration was given to the report of the Borough Treasurer, as contained on pages 811 to 834 of the Book of Reports, which set out  information  in order for the Council to set its budget for the next financial year, including the General Revenue Account (GRA) Reserves Policy and the Draft GRA Estimates.

Councillor Yates, Portfolio Holder for Finance, moved a Motion that provided details of the Labour Budget Proposals (as circulated at the meeting and contained in the Book of Reports), which was seconded.

In accordance with Council Procedure Rule 16.5, the voting on the Motion was recorded as follows:

FOR:          Councillors Bullock, Cooper, Cotterill, J Davis, Delaney, Dowling, D Evans, Forshaw, Furey, Gagen, Hennessy, G Hodson,

J Hodson, Hudson, McKay, Mills, Moran, Nixon, Owen, Pendleton, Pritchard, Pryce-Roberts, Savage, West, Wilkie, Wright, Wynn and Yates. (TWENTY EIGHT)

AGAINST:  Councillors Ashcroft, Barron, Mrs Blake, Blane, Cairns, Currie,

I Davis, Mrs Evans, Gordon, Kay, C Marshall, Mrs Marshall, Mee, Ms Melling, Moon, O'Toole, Owens, Pope, Mrs Stephenson,

D Westley, Mrs Westley and Whittington. (TWENTY TWO)

ABSTENTIONS: (NONE)

The Motion was CARRIED.

.

B.      That the GRA reserves policy set out in Appendix A to the Council report be approved.

C.    That delegated authority be given to the Chief Executive and Heads of Service to take all necessary action to implement the changes resulting from the budget proposals.

To consider the report of the Director of Housing and Inclusion.

Consideration was given to the revised report of the Director of Housing and Inclusion, as circulated at the meeting and contained in the Book of Reports, which set out  the proposed Council Tax rate for each property band for the whole of the Borough Council’s area, including the Council Tax rate as set by the County Council, the Police and Crime Commissioner for Lancashire, the Lancashire Combined Fire Authority, and the local Parish Council in parished areas, in order to confirm the statutory resolutions that are required in order to set the Council Tax for 2018/2019.

Councillor Yates moved a Motion to approve the recommendations in the revised report, which was seconded.

In accordance with Council Procedure rule 16.5, the voting on the Motion was recorded as follows:

FOR:    Councillors: Ashcroft, Barron, Mrs Blake, Blane, Bullock, Cairns, Cooper, Cotterill, Currie, I Davis, J Davis, Delaney, Dowling, Mrs C Evans, D Evans, Forshaw, Furey, Gagen, Gordon, Hennessy, G Hodson, J Hodson, Hudson, Kay, McKay, McKenna, C Marshall, Mrs Marshall, Mee, Ms Melling, Mills, Moon, Moran, Nixon, O'Toole, Owen, Owens, Pendleton, Pope, Pritchard, Pryce-Roberts, Savage, Mrs Stephenson, West, D Westley, Mrs Westley, Whittington, Wilkie, Wright, Wynn and Yates (FIFTY)

The Motion was CARRIED.

RESOLVED: A.   That it be noted that on the 12 January 2018, the Borough Treasurer declared the Council Tax Base amounts, set out in Appendix A to the revised report, for the financial year 2018/2019 in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 2012.

B.   That the Budget for the Council’s own purposes for 2018/2019 (excluding parish precepts) be set at £12,634,564 in accordance with the earlier Budget Requirement report.

C.   That the following amounts be now calculated by the Council for the financial year 2018/2019 in accordance with the Local Government Finance Act 1992 (the Act):

a)     £84,803,748 being the aggregate of the amounts, which the Council estimates for the items, set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils.

b)     £77,327,133 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

c)     £7,476,615 being the amount by which the aggregate at C(a) above exceeds the aggregate at C(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year.

d)     £214.67 being the amount at C(c) above divided by 34,827.87 (the Tax Base) calculated by the Council in accordance with Section 31(B) of the Act, as the basic amount of its Council Tax for 2018/2019.

e)     £598,459 being the aggregate amount of all special items (i.e. Parish Precepts) referred to in Section 34(1) of the Act.

f)      £197.49 being the amount at C(d) above, less the result given by dividing the amount at C(e) above by 34,827.87 (the Tax Base), calculated by the Council in accordance with Section 34(2) of the Act, as the basic amount of  ...  view the full minutes text for item 95.

To consider the report of the Borough Treasurer.

Consideration was given to the report of the Borough Treasurer, as contained on pages 845 to 852, which advised on the Council’s Medium Term Capital Programme.

Councillor Yates, Portfolio Holder for Finance, moved a Motion, which set out the Labour Capital Programme proposals, as circulated at the meeting and contained within the Book of Reports, which was seconded.

An Amendment (1) was circulated at the meeting, which was moved and seconded.

A vote was taken on Amendment (1), which was LOST.

An Amendment (2) was circulated at the meeting, which was moved and seconded. 

A vote was taken on Amendment (2), which was LOST.

An Amendment (3) was moved and seconded.

A vote was taken on Amendment (3), which was LOST.

A vote was taken on the Motion, which was CARRIED.

RESOLVED:   A.  That the budget items be approved, based on the Capital Programme proposals circulated at the meeting by the Portfolio Holder for Finance and contained in the Book of Reports.

B.   That delegated authority be given to the Chief Executive and Heads of Service to take all necessary action to implement the agreed Capital Programme.

To consider the joint report of the Director of Housing and Inclusion and the Borough Treasurer.

Consideration was given to the joint report of the Director Housing and Inclusion and the Borough Treasurer, as contained on pages 853 to 874 of the Book of Reports, which advised on the rent and service charges to be applied; and detailed the Public Sector Housing Capital Investment Programme and Housing Revenue Estimates for 2018/19.

Councillor Forshaw, Portfolio Holder for Housing and Landlord Services, moved a Motion, as circulated at the meeting and contained in the Book of Reports, which set out Labour proposals in relation to the Draft Housing Revenue Account Estimates for 2018/19 and Public Sector Housing Capital Investment Programme 2018/19, which was seconded.

A vote was taken on the Motion, which was CARRIED.

To consider the report of the Borough Treasurer.

Consideration was given to the report of the Borough Treasurer, as contained in pages 875 to 898 of the Book of Reports, which detailed the framework for capital financing and treasury management operations for the next financial year.

RESOLVED:   A.   That the projected position in respect of the Prudential Indicators, as set out in Appendix 1 to the report, for 2017-18, be noted.

B.   That the Prudential Indicators for the next three years be agreed, as set out in Appendix 2 to the report.

C.   That the Minimum Revenue Provision (MRP) policy, as set out in Appendix 3 to the report, be approved for the next financial year.

D.   That the updated Treasury Management Policy, as set out in Appendix 4 to the report, be approved.

E.   That the Treasury Management Strategy, as set out in section 8 of the report, be approved.

To consider the report of the Borough Solicitor.

Consideration was given to the report of the Borough Solicitor, as contained on pages 899 to 900 of the Book of Reports, which sought nominations for the positions of Mayor and Deputy Mayor for 2018/19.

Nominations for Mayor Elect and Deputy Mayor Elect were not submitted.

To consider the report of the Borough Solicitor.

Consideration was given to the report of the Borough Solicitor, as contained on pages 901 to 904 of the Book of Reports, which sought approval of the timetable of meetings for the Municipal Year 2018/19.

RESOLVED:  That the timetable for the meetings for the 2018/19 Municipal Year, attached as an Appendix to the report, be approved.

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 (Financial /Business Affairs) of Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

RESOLVED:    That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of that Act and as, in all the circumstances of the case, the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

To consider the report of the Director of Development and Regeneration.

Consideration was given to the report of the Director of Development and Regeneration, as contained on pages 905 to 910 of the Book of Reports, which detailed a full understanding of the strategic importance of acquiring the subject land and associated costs and to request authority to purchase the land.

Members were advised of the decision of Cabinet.

RESOLVED:     That the Director of Development and Regeneration be authorised to take all necessary steps to proceed with the acquisition of the subject land as set out at paragraph 5.2 of the report.