Agenda and minutes

To approve as a correct record the Minutes of the meeting of the Council held on 18 October 2018.

Agreed (by 31 votes to 8, with 5 abstentions) that the minutes of the meeting of the Council held on 18 October 2018 be confirmed as a correct record.

To receive any declarations of interest from any Member on any item on this agenda.

The following councillors declared a non-pecuniary interest in agenda item 13 (Notice of Motion on Universal Credit):

-       Cllrs Moon, Greenhough and Cartridge, because they were landlords of premises in the Borough;

-       Cllrs Ellison and E Anderton, because they were employees of the Department for Work and Pensions;

-       Cllr Beavers (when speaking on the Motion) because she referred to the likely intention of her daughter to claim Universal Credit when she returned to full-time education to complete her degree.

Cllr E Anderton said that in order to comply with her Employers Code of Conduct she would not take part in the debate or vote on the motion. The other councillors did not indicate that their interest was sufficiently significant to preclude them from the speaking or voting on the motion.

To receive any announcements from the Mayor, Leader of the Council, Deputy Leader of the Council, Members of the Cabinet, a Chairman of a Committee or the Chief Executive.

1. The Mayor announced that the Mayor’s Charity Ball would take place at The North Euston Hotel on Friday 8 March 2019 and that tickets would be on sale soon from the Mayor’s Secretary.

2. The Leisure, Health and Community Engagement Portfolio Holder announced that Fleetwood Market had been the winner of the retail experience category at the Lancashire Tourism Awards 2018. She presented the trophy and a framed certificate to the Mayor.

To receive any questions or statements from members of the public under Procedure Rule 9.1.

Any questions or statements received by the specified deadline of noon on Friday 30 November 2018 will be published and circulated separately.

None received.

To receive any questions from Members of the Council to the Mayor, a member of the Cabinet or the Chairman of a Committee under Council Procedure Rule 12.1

Any questions received by the specified deadline of noon on Friday 30 November will be published and circulated separately.

None received.

To receive reports from Cabinet Members. (In accordance with Procedure Rule 11.3 Councillors will be able to ask questions or make comments).

The Leader of the Council (Cllr Henderson) submitted a report.

Cllr Henderson provided an update on the meeting referred to in his report between representatives of Lancashire Leaders and Jake Berry MP, who had indicated that further Government guidance on arrangements for the formulation of combined authorities was likely to be issued.

Cllr Henderson responded to questions and comments from Cllrs R Duffy, Beavers, Gibson and B Stephenson.

Agreed that the report be noted.

The Resources Portfolio Holder (Cllr A Vincent) submitted a report.

Cllr A Vincent responded to questions and comments from Cllrs McKay, Fail, Gibson and E Anderton.

Agreed that the report be noted.

The Street Scene, Parks and Open Spaces Portfolio Holder Cllr Bridge submitted a report.

In the absence of Cllr Bridge, the Leader of the Council (Cllr Henderson introduced the report and responded to questions and comments from Cllrs Orme, Gibson, B Stephenson, Kay, E Anderton and A Turner.

Cllr Henderson said he would send a written response to Cllr Gibson about the amount of income so far generated from fixed penalty notices issued under the environmental enforcement pilot.

Cllr Henderson said he would also send a written response to

Cllr E Anderton providing a breakdown of environmental fines issued by ward and information on the proportion of fines actually paid.

Agreed that the report be noted.

The Planning and Economic Development Portfolio Holder (Cllr Michael Vincent) submitted a report.

Cllr Michael Vincent responded to questions and comments from Cllrs Ballard, Gibson, Shewan, Fail, Greenhough, Ingham, Beavers and Lady Atkins.

Agreed that the report be noted.

The Neighbourhood Services and Community safety Portfolio Holder (Cllr Berry) submitted a report.

Cllr Berry responded to questions and comments from Cllrs Fail, Beavers, and Collison.

Cllr Berry said he would arrange for a written reply to be sent to Cllr E Anderton about informal concerns raised with her about response times for dealing with applications, renewals and general enquiries from taxi drivers/operators.

Agreed that the report be noted.

The Leisure, Health and Community Engagement Portfolio Holder (Cllr Bowen) submitted a report.

Cllr Bowen responded to questions and comments from Cllrs Beavers, Matthew Vincent, E Anderton, Collinson, McKay, Gibson, Fail and S Turner.

Agreed that the report be noted.

Cllr A Vincent commented on the possible cost implications for the council of a recent legal decision on the way in which business rates were charged for cash machines (ATM’s) within business premises.

Report of the Leader of the Council (Cllr Henderson) and the Chief Executive.

The Leader of the Council (Cllr Henderson) and the Chief Executive submitted a report on changes to the membership of committees for the remainder of the 2018/19 Municipal Year, required to meet revised political balance calculations following the formation of the Wyre Independent Group.

Agreed:

1.    That a Conservative Councillor (Cllr Jones) be removed from the

Overview and Scrutiny Committee.

2.    That a Conservative Councillor (Cllr Greenhough) be removed from the

Planning Committee.

3.  That a Conservative Councillor (Cllr Pimbley) be removed from the

Licensing Committee.

4.    That a Labour Councillor (Cllr B Stephenson) be removed from the Audit Committee.

5.    That a Conservative Councillor (Cllr Wilson) be removed from the

Employment and Appeals Committee.

6.    That, Cllr Gibson be appointed to the Overview and Scrutiny Committee, the Planning Committee, the Licensing Committee and the Audit Committee and that Cllr R Duffy be appointed to the Employment and Appeals Committee for the remainder of the 2018/19 Municipal Year, as nominees of the Independent Group.

Report of the Resources Portfolio Holder (Cllr a Vincent) and the Head of Finance (Section 151 Officer).

The Resources Portfolio Holder (Cllr A Vincent) and the Head of Finance submitted a report on the overall position and activities in respect of treasury management for the first half of the 2018/19 financial year.

Agreed:

1.    That the Annual Report on Treasury Management Activity for the first half of the 2018/19 financial year be approved.

2.    That the Treasury Management Policy and Strategy Statements and Treasury Management Practices be updated to allow for investments to be made in two additional Money Market Fund structures, namely Low Volatility Net Asset Value and Variable Net Asset Value funds.

Report of the Resources Portfolio Holder (Cllr A Vincent) and the Service Director People and Places.

The Resources Portfolio Holder (Cllr A Vincent) and the Service Director People and Places submitted a report on proposals to clarify responsibilities for decision making on issues affecting the management, maintenance and future use of Kenyon Gardens and adjoining land held in trust as part of the Joseph Kenyon Foundation,Thornton Cleveleys.

Agreed (unanimously):

1. That it be noted that when decisions are being made about Kenyon Gardens, whether collectively by the whole Council or individually by the Resources Portfolio Holder, Councillors will be acting in their capacity as Trustees of the Joseph Kenyon Foundation.

2. That (notwithstanding the position stated in paragraph 3.1) when issues relating to Kenyon Gardens are being considered by Councillors in their capacity as Trustees, any meetings will be conducted and any reports will be published in accordance with the Procedure Rules set out Part 4 of the Council’s Constitution.

3. That any major decisions, including any proposal to seek to dispose of all or part of the freehold of the Kenyon Gardens site or to seek approval from the Charity Commission for a ‘scheme’ to change the use of the site will be made at a meeting of the full Council.

4. That the Resources Portfolio Holder be authorised to make any other decisions relating to the management, maintenance and upkeep of Kenyon Gardens on behalf of the Trustees (i.e. excluding disposal or change of use but including approval of grazing licenses) and that updates be provided to the Council via the Portfolio Holder’s Executive Reports.

5. That the Service Director People and Places be authorised to manage and maintain Kenyon Gardens on a day to day basis on behalf of the Trustees.

6. That the Constitution be amended to include the above provisions.

1.    The following Notice of Motion has been submitted by Councillors Fail, Beavers, Raynor and B Stephenson:

“This Council is concerned that a ‘calendar of meetings’ report has been presented to Full Council for noting rather than voting on. It is also concerned that there has been no thorough impact analysis or public consultation, and that Councillors have not had the opportunity to scrutinise.

To provide a way forward that is acceptable to all, the Council request the following:-

Full Council Meetings

To balance out the loss of a Full Council Meeting, para 11.3 of the Council Procedure Rules in Part 4.01 be amended to state that “A maximum of fifteen minutes will be allocated for questions or comments to and responses by each Member of the Executive (Cabinet).”

To ensure any future meeting changes are dealt with more smoothly, this Council requests that para 2 of the Council Procedure Rules in Part 4.01 the Council be amended in order to clarify the responsibilities, and to make it absolutely clear that the frequency of meetings and the basic content of meetings is an elected member responsibility.

Overview & Scrutiny Meetings

The suggested changes to O& S meetings are not in keeping with para 3.1 of Part 4.05 of the constitution (Ordinary meetings of the Overview and Scrutiny Committee will be programmed to take place at approximately monthly intervals).

As such, prior to any change of frequency, a formal change of the constitution must be brought before Full Council.

Cabinet Meetings (for information only)

The changes to Cabinet are in keeping with para 1.6 of Part 4.04 of the constitution (The Cabinet will be scheduled to meet at least 8 times per year at times to be agreed by the Leader). Council proposes no action to be taken.”

2.    The following Notice of Motion has been submitted by Councillors Gibson, Fail, E Anderton and Beavers:

“That this Council recognises the need for transparency and engagement with both residents and members. The democratic process is important to this Council and the Council will not play fast and loose with democracy.

Currently of the Full Council meetings per year the AGM and the Budget meeting do not facilitate the ability of Non Executive members to question or comment to the Portfolio Holders on their areas of responsibility.

This Council resists any suggestion that the number of Full Council meetings per year be reduced and as such the Council insists that any report proposing to reduce the number of Full Council Meetings be withdrawn immediately.”

The following Notice of Motion was submitted by Councillors Fail, Beavers, Raynor and B Stephenson in accordance with Paragraph 14.1 of the Council Procedure Rules.

“This Council is concerned that a ‘calendar of meetings’ report has been presented to Full Council for noting rather than voting on. It is also concerned that there has been no thorough impact analysis or public consultation, and that Councillors have not had the opportunity to scrutinise.

To provide a way forward that is acceptable to all, the Council request the following:-

Full Council Meetings

To balance out the loss of a Full Council Meeting, para 11.3 of the Council Procedure Rules in Part 4.01 be amended to state that “A maximum of fifteen minutes will be allocated for questions or comments to and responses by each Member of the Executive (Cabinet).”

To ensure any future meeting changes are dealt with more smoothly, this Council requests that para 2 of the Council Procedure Rules in Part 4.01 the Council be amended in order to clarify the responsibilities, and to make it absolutely clear that the frequency of meetings and the basic content of meetings is an elected member responsibility.

Overview & Scrutiny Meetings

The suggested changes to O& S meetings are not in keeping with para 3.1 of Part 4.05 of the constitution (Ordinary meetings of the Overview and Scrutiny Committee will be programmed to take place at approximately monthly intervals).

As such, prior to any change of frequency, a formal change of the constitution must be brought before Full Council.

Cabinet Meetings (for information only)

The changes to Cabinet are in keeping with para 1.6 of Part 4.04 of the constitution (The Cabinet will be scheduled to meet at least 8 times per year at times to be agreed by the Leader). Council proposes no action to be taken.”

The motion was proposed by Cllr Fail and seconded by Councillor Beavers.

 Councillor Michael Vincent proposed and Cllr Moon seconded an amendment (by deleting some words from the original motion and including others) as follows:

This Council believes that amendments to the constitution of this Council are a matter for the members and requests that a suitable amendment to the constitution be brought forward to confirm the same as soon as possible.

Further, it is recognised that reducing the number of meetings from 9 to 8 to increase the efficiency and productivity of this Council will reduce the time available to ordinary members to raise questions of the executive.

This is not desirable and so this Council proposes that the time for questions be increased proportionately to the time lost.

As such, and in addition to the immediate amendment aforesaid, the Council requests that the following amendments be brought to the meeting of 4 April 2018 so that, should the proposed amendments be approved, they shall take effect prior to the commencement of the calendar of meetings for the municipal year 2019/20: 

1. That Paragraph 11.3 of the Council Procedure Rules in Part 4.01 be amended to  ...  view the full minutes text for item 61.

The following motion was submitted, in accordance with paragraph 14.1 of the Council Procedure Rules by Councillors Gibson, Fail, E Anderton and Beavers.

“That this Council recognises the need for transparency and engagement with both residents and members. The democratic process is important to this Council and the Council will not play fast and loose with democracy.

Currently of the Full Council meetings per year the AGM and the Budget meeting do not facilitate the ability of Non Executive members to question or comment to the Portfolio Holders on their areas of responsibility.

This Council resists any suggestion that the number of Full Council meetings per year be reduced and as such the Council insists that any report proposing to reduce the number of Full Council Meetings be withdrawn immediately.”

The motion was proposed by Cllr Gibson and seconded by Cllr Fail.

Councillors R Duffy, Shewan and E Anderton spoke in support of the motion.

Councillors Henderson, Michael Vincent and McKay spoke against the motion.

A recorded vote was requested, in accordance with paragraph 18.4 of the Council Procedure Rules.

The following members voted for the motion:

Councillors E Anderton, Barrowclough, Beavers, I Duffy, R Duffy, Fail, Gibson, Raynor, Shewan, Smith, B Stephenson and E Stephenson.

The following members voted against the motion:

Councillors I Amos, R Amos, Lady Atkins, Ballard, Berry, B Birch, C Birch, Bowen, Cartridge, Catterall, Collinson, Ellison, Greenhough, Henderson, Hodgkinson, Holden, Ibison, Ingham, Jones, Kay, McKay, Moon, Murphy, Orme, Pimbley, Robinson, A Turner, S Turner, A Vincent, Matthew Vincent, Michael Vincent, Walmsley and Wilson.

The Mayor (Cllr M Anderton) abstained.

The motion was therefore LOST, by 33 votes to 12, with 1 abstention.

Report of the Leader of the Council (Cllr Henderson) and the Chief Executive.

The Leader of the Council (Cllr Henderson) and the Chief Executive submitted a report setting out the calendar of meetings involving councillors for 2019/20.

Agreed that the calendar of meetings for 2019/20 be noted.

The following Notice of Motion has been submitted by Councillors Beavers, Fail, Shewan and B Stephenson:

“This council expresses its dismay at the manner that Universal Credit has been is being implemented in this country.

This December Universal Credit will go live in Wyre and any new claims or changes to claims will automatically take families off the legacy benefits and place them on Universal Credit.

Universal Credit is not fit for purpose.

The 4 to 6 week wait for claimants to receive their benefits is unacceptable and will impact on the vulnerable and the poor resulting in Wyre children going hungry and residents homes being put at risk.

The idea that all workers are in jobs where they are paid a month in arrears ignores the reality for the 1.5m workers who struggle on zero hours, insecure jobs or forced self-employment. Claimants need to be paid from day one. 

'Despite the lip service paid to this issue in the Autumn Budget, the fundamental problem remains essentially unresolved.'

• Payments going to one named member of a

 household. 
           

Many claimants struggle to budget and payments should be paid to the separate claimants within a household and on a fortnightly rather than monthly basis. With the present policy there is a real danger that if the whole benefit goes to one named individual there is no guarantee that the money will be distributed fairly within the household

• Claimants need to have their rent paid directly to landlords to avoid the unacceptably high levels of arrears and homelessness that have occurred in the areas where UC already exists. Pushing claimants into debt adds to the stress and insecurity for claimants.

• An end to benefit sanctions as there is no evidence that sanctioning helps people into work. In fact taking away claimant’s ability to feed themselves and their families prevents them from focusing on finding employment as they are too busy trying to survive. The evidence of the harm that sanctions cause is growing – they are an unnecessary cruelty in our benefits system.

• Allow all new claimants to apply for Universal credit in jobs centres with the support of trained job centre staff. 

By forcing new claimant to apply on-line causes real problems for many people who don’t have either access or the IT skills to cope with the complex online application. 

This isn’t working and is resulting in more sanctions and more hunger.

• Abandon the in-work conditionality for part-time or low paid workers – the idea that there are extra hours or higher paid work for the large numbers of these affected workers is simply not the case. This clause of UC places the emphasis on individuals

Who often want greater number of hours of work- and not on the employers who benefit from short hours and insecurity.

The overall level that is funded need to be urgently increased. 

The rate at which some claimants will lose benefit is set at 63p in the pound, which when  ...  view the full agenda text for item 64.

The following motion was submitted, in accordance with paragraph 14.1 of the Council Procedure Rules, by Councillors Beavers, Fail, Shewan and B Stephenson:

“This council expresses its dismay at the manner that Universal Credit has been is being implemented in this country.

This December Universal Credit will go live in Wyre and any new claims or changes to claims will automatically take families off the legacy benefits and place them on Universal Credit.

Universal Credit is not fit for purpose. The 4 to 6 week wait for claimants to receive their benefits is unacceptable and will impact on the vulnerable and the poor resulting in Wyre children going hungry and residents homes being put at risk.

The idea that all workers are in jobs where they are paid a month in arrears ignores the reality for the 1.5m workers who struggle on zero hours, insecure jobs or forced self-employment. Claimants need to be paid from day one. 

'Despite the lip service paid to this issue in the Autumn Budget, the fundamental problem remains essentially unresolved.'

•      Payments going to one named member of a

household. Many claimants struggle to budget and payments should be paid to the separate claimants within a household and on a fortnightly rather than monthly basis. With the present policy there is a real danger that if the whole benefit goes to one named individual there is no guarantee that the money will be distributed fairly within the household

•      Claimants need to have their rent paid directly to landlords to avoid the unacceptably high levels of arrears and homelessness that have occurred in the areas where UC already exists. Pushing claimants into debt adds to the stress and insecurity for claimants.

•      An end to benefit sanctions as there is no evidence that sanctioning helps people into work. In fact taking away claimant’s ability to feed themselves and their families prevents them from focusing on finding employment as they are too busy trying to survive. The evidence of the harm that sanctions cause is growing – they are an unnecessary cruelty in our benefits system.

•      Allow all new claimants to apply for Universal credit in jobs centres with the support of trained job centre staff. 

By forcing new claimant to apply on-line causes real problems for many people who don’t have either access or the IT skills to cope with the complex online application. This isn’t working and is resulting in more sanctions and more hunger.

•      Abandon the in-work conditionality for part-time or low paid workers – the idea that there are extra hours or higher paid work for the large numbers of these affected workers is simply not the case. This clause of UC places the emphasis on individuals who often want greater number of hours of work- and not on the employers who benefit from short hours and insecurity.

•      The overall level that is funded need to be urgently increased. The rate at which some claimants will lose benefit  ...  view the full minutes text for item 64.