Meeting documents

There were no apologies submitted.

Declarations of interest were submitted by Chief Executive (Mike Nuttall) on behalf of himself and The Monitoring Officer (Ian Parker) in respect of Item 42 Review of Constitution 2(a) Changes to Statutory Dismissal Procedure for Protected Officers and on behalf of himself and Senior Management Team in respect of Item 44 Pay Policy 2016.

RESOLVED (unanimously):

That the minutes of the meeting held on 04 November 2015 be approved as a correct record.
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Councillor Mrs M Smith the Leader of Council introduced this item which set out the Council?s Corporate Plan and Corporate Risk Register for 2016/2017. She informed members that this Corporate Plan and Risk Register had been formulated following consultation with Scrutiny Committee and partners and had been aligned to the budget strategy.

RESOLVED (unanimously):

That the Council be recommended to approved the Corporate Plan 2016/2019 (Appendix 1) and Corporate Risk Register 2016/2017 (Appendix 2).
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Councillor Mrs M Smith the Leader of Council thanked Councillor Bennett the Cabinet member for Finance & Resources and all cabinet members and officers involved in the preparation of this budget.

Councillor Bennett the Cabinet Member for Finance & Resources introduced this report which provided background information that would need to be taken into consideration in determining the Council?s forward financial strategy and, specifically, budget and council tax setting for 2016/17. The Financial Strategy recognised the priorities set out in the Corporate Plan and risks identified through the corporate risk assessment processes. The Financial Strategy recognised the continued and significant uncertainty surrounding core government grant funding.

Councillor Bennett referred to the previous night?s Learning Hour which had provided the opportunity to explain the budget process in more detail and to the changing financial regime which would ultimately lead to the loss of all government grant funding. He also referred to the budget principles set out in the report and to the capital investment identified in the report which would be good for the future of the borough.

He thanked the MP for South Ribble Constituency for her support at central government level and his predecessors and the Chief Executive for the beneficial state of the Council?s finances.

Councillor Mrs M Smith expressed her support for the excellent budget which was a budget for the future with an emphasis on City Deal which would play its part in the future of the Borough.

Councillor Foster referred to the beneficial impact of business rate retention on this budget and confirmed that they would be going through the budget proposals line by line but felt that the income raising proposals in the budget for car parks should be withdrawn and car parking should first be subject to a borough wide review of all on street and off street parking. He also sought Cabinet?s views on the parish precepts.

Councillor Ogilvie welcomed the positive budget, the Council tax freeze and the new investment but expressed his concern at the impact the car parking charges would have in his ward and sought assurances from Cabinet for contingency planning to deal with the inevitable problems that would arise.

Councillors Forrest, Nelson, Yates and two members of the public expressed their concern at the impact the car parking proposals would have on park users, the congestion and displacement on neighbouring roads on both Worden and Withy Grove.

The members of public present also expressed their concerns over the car parking proposals for Worden and Withy Grove.

Councillor Bennett declined to comment on the parish precepts as that was a matter for the parishes but asked members to look at the detailed proposals on car parking charges at Withy Grove and Worden which would provide for the varied needs of the park users such as dog walkers and after school users. However he confirmed that there was a need to look at such areas in the interest of balancing the budget. He informed members that he would like to see on street car parking enforcement returned to the Council and for the Council to take over all on street car parking from the county council.

At this point Councillor M Green declared an interest as a County Councillor.

In response to a question Councillor Moon confirmed she was aware of the potential impact of the car parking proposals for residents near Worden but was also aware of the need to increase income, not least to help Worden park towards being self-sufficient as recommended by Scrutiny. She also supported lobbying County Council for a joined up approach to on street and off street car parking.

Councillor P Smith commented that he thought Cllr Bennett had made it clear that detailed proposals on the car parking schemes would be forthcoming but there was a need to increase income to meet the forthcoming deficit.

Councillor Titherington questioned whether the policy on car parks should have been consulted on before the budget proposals for additional car park income.

Councillor Mrs Smith reiterated that this was a budget for the future.

RESOLVED (unanimously):

Revenue Estimates

1. Cabinet consider for approval the council's revised estimates for 2015/16, the original estimate for 2016/17 and indicative original estimates for 2017/18 through to 2018/19, summarised at Appendix A to this report.

2. Cabinet consider Appendix D and the proposed budget efficiency targets designed to further improve efficiency/increase income and reduce the forecast budget deficit.

3. Cabinet endorse the assessment on the level of reserves for 2016/17.

4. Cabinet recommend to Council the adjustment to General and Earmarked Reserves, whilst recognising that this figure may need to be revised when the Government announces the final Local Government Finance Settlement figures for 2016/17 in advance of the Council meeting on 2nd March 2016.

5. Subject to any amendments proposed in considering recommendations 1 to 4 above, Cabinet recommend a Borough Council Net Expenditure requirement for 2016/17 (including parish/town council precepts) for approval at the Council meeting on 2nd March adequate to support the delivery of the MTFS.

6. The Chief Executive be authorised to deal with all staffing issues arising from the report within the agreed budget and in accordance with the council?s human resources policies. This will be done in consultation with the Leader, and in her absence the Deputy Leader also being the Cabinet member with responsibility for Finance and Resources and, as appropriate, other relevant Cabinet Members.

Council Tax

7. Subject to consideration of recommendations 1 to 6 above, Cabinet recommend the Borough Council?s Band D equivalent Council Tax for 2016/17, for approval at the council meeting on 2nd March 2016, remains at the same level as 2015/16 being ?208.38.

8. Council determine the reduction in Council Tax Support applicable to working age claimants with effect from 1st April 2016.

Capital Programme and Budget

9. That Council approve the Capital Programme as set out at Appendix E and its proposed funding.
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Councillor M Green the Cabinet Member for Housing & Healthy Communities presented to Cabinet a draft Housing Framework 2016-2019. The Framework had three priorities for Strategic Housing. It reflected proposed changes in housing legislation as contained in the Housing and Planning Bill and major changes in national policy. Delivery would be supported by capital expenditure. Subject to adoption of the draft Framework the document would be published for consultation. The Framework would be reviewed annually and progress against the actions reported. He referred to the need to work with partners and to the near ?3 million that was being invested. He expressed his thanks for the work the officers had put in to develop this framework.

Councillor Bennett at this point declared an interest as a private landlord.

Councillor Foster welcomed the use of this money and but voiced his concern over the forthcoming housing legislation which would impact on this area.

Councillor Bell welcomed the wider reference to vulnerable people but also had concerns for increased levels of eviction in the future.

Councillor Green thanked members for their support and referred to the lower than national average of private rental within the borough and the government policy of moving towards home ownership. He commented on the reduction in funding for social sector rentals and that not all private rental properties were up to standard.

The Leader of the Council thanked all those involved in producing this Framework and referred to the need to monitor the condition of some private sector rentals.

RESOLVED (unanimously):

That the Council be recommended to:

1. Approve the draft Housing Framework 2016-2019.

2. Approve the capital programme in support of the Framework.

3. Subject to above, agree to a 4 week consultation of the Framework.

4. The Director for Development, Enterprise and Communities in consultation with the Cabinet Member for Housing and Healthy Communities be authorised to make adjustments to the Framework following the outcome of the consultation and to finalise the document
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Councillor P Smith the Cabinet Member for Regeneration & Leisure introduced proposals set out in this report which offered a series of improvements which supported the evolution of My Neighbourhoods into 2016 and beyond.

He reminded members that My Neighbourhood, as the Council?s approach to community involvement, was never designed to stand still. Refinements were made on a continual basis; every opportunity to lever in funds, add value and improve outcomes for communities was embraced and the proposals set out in the report offered a series of improvements which supported the evolution of My Neighbourhood into 2016 and beyond.

The Cabinet Member for Regeneration & Leisure also informed Cabinet that the My Neighbourhood Plans had been revisited and worked through and it remained important that each plan carried a balance of projects, with one or more large scale / long term schemes, and a measured number of operational projects which could progress concurrently. Presently, each forum had a ?reserve? list of projects, awaiting inclusion on the plan. These varied between areas and would benefit from clarity around which projects had been adopted for action and which were ideas for consideration.

He thanked all members who had been involved in the process and the development of the My Neighbourhood plans.

Councillor Moon welcomed the extra emphasis on training and this was supported by Councillor Bennett who also expressed the importance of avoiding slippage and that the projects being adequately resourced.

Councillor Mullineaux welcomed the concept of a Responsible Member and the involvement of portfolio holders increasing the input of members away from officers.

Councillor Foster acknowledged that there were good things within this but there are other areas which he would be putting forward.

Councillor P Smith thanked members for their support in particular on the need for training and the introduction of responsible members and confirmed he would be pleased to receive any suggestions.

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RESOLVED (unanimously):

That Council be recommended to note the change to the My Neighbourhood?s approach and to approve the My Neighbourhood Plans

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Councillor P Smith the Cabinet Member for Regeneration & Leisure introduced this report which sought approval for capital expenditure for a number of priority capital projects related to City Deal and as previously set out in the Capital Programme for 2015/16 and approved by Council on 4 March 2015 and 10th June 2015. The report also sought approval to carry out the requisite procurement exercises with regard to these proposed schemes. The schemes related to Bamber Bridge Regeneration, specifically for town centre improvement works including central ?square?, station improvements, heritage trail and gateway features and to complete the Leyland Masterplan strategy, the final three landmark features.
He reminded members that it had been hoped that this would have started some time ago as a result it was necessary to move forward with this as quickly as possible hence the request for the waiver of the contract procedure rules.
Councillor Foster referred to his usual concern over granting waivers but in this instance was understanding of the need to move forward. He thanked Councillor Smith for pushing forward with it.
Cabinet members welcomed this report and thanked the Cabinet Member for Regeneration & Leisure for his tenacity in pursuing this.
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RESOLVED (unanimously):

That Council be recommended :

1. To grant authority (under Section 3.4 of the Financial Regulations - Contract Procedure Rules) to incur capital expenditure on behalf of City Deal of up to:

a) ?300,000 for Bamber Bridge Regeneration ? specifically for town centre improvement works including central ?square?, station improvements, heritage trail and gateway features

b) ?170,000 for Landmark features ? to complete the Leyland Masterplan strategy, the final three landmark features.

2. To authorise the Director of Development, Enterprise & Communities, in consultation with the Cabinet Member for Regeneration and Leisure to finalise details, on the above schemes moving forward.

3. To grant authority for the necessary procurement exercises to be carried out in respect of the above schemes.

4. To authorise the Director of Development, Enterprise & Communities, in consultation with the Cabinet Member for Regeneration and Leisure, following completion of the procurement exercises, to award the contracts to the most economically advantageous tenders.

5. To enable this matter to proceed without a further report to Cabinet (as envisaged in recommendation 4 above) to grant a waiver of the relevant paragraph (26.4) of the Contract Procedure Rules for the reasons set out in this report.
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Councillor Moon the Cabinet Member for Corporate Support introduced this report which proposed a pilot scheme which sought to transform the service delivery of the Housing Options team in ways that would enable the team to work collaboratively with landlords with a view to securing long term accommodation for clients.

Councillor Moon explained the holistic approach addressing the individual as a person and not as an applicant for benefits and applicant for housing. The purpose of the pilot was to stop the cycle of dependency by providing incentives to landlords to provide accommodation to the homeless.?

Cabinet members welcomed this initiative aimed at giving homeless people a chance.

Councillor Forrest thanked Councillor Moon and Director of Corporate Governance & Business Transformation for the full briefing and welcomed this pilot however he still had concerns for the future.

Councillor Bell congratulated Councillor Moon on proposing this pilot which addressed the needs of the homeless.

Councillor Moon thanked Cabinet and members for their support and reiterated that this was a pilot scheme which would be subject of full analysis.
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RESOLVED (unanimously):

1. That Council approve a Pilot study to operate across 2016/17 in order to assess and review its success measures.

2. Funding of ?80,000 be identified to support this additional Housing Options scheme.

3. That funding to be used flexibly to encourage and motivate private landlords to provide long-term tenancy arrangements for people in priority need and homeless and/or facing eviction.

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At 7.00pm Councillor Mrs M Smith the Leader of the Council reminded members that under Standing Order No. 31 meetings of the Cabinet should not last longer than two hours. However, this provision could be suspended at any meeting once a motion to that effect has been moved, seconded and carried

RESOLVED (unanimously):

That Standing Order No. 31 be suspended in order for the remaining business on the agenda to be dealt with.
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Councillor Bennett the Cabinet Member for Finance and Resources introduced this item on the prudential indicators, and treasury strategy for the financial years to 2016/17 to 2017/18.

Councillor Ogilvie as Chair of Governance Committee reminded the Cabinet Member for Finance and Resources that they had sought additional information on Treasury Management Strategy.

The Cabinet Member for Finance and Resources confirmed it would be available once the work had been completed.

RESOLVED (unanimously):

That Council be recommended to approve ;-

1. The Treasury Management Policy Statement presented in Appendix A.
2. The Treasury Management Practices (TMPs) presented in Appendix B.
3. The Prudential Indicators for 2016/17 to 2018/19.
4. The Treasury Management Strategy and Treasury Indicators for 2016/17.
5. The Annual Investment Strategy 2016/17 including Financial Institutions and Investment Criteria.
6. The Annual Minimum Revenue Provision (MRP) Policy Statement 2016/17.
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Councillor M Green the Cabinet Member for Housing and Healthy Communities presented this report which informed Cabinet of the proposed changes to the constitution of Progress Housing Group Limited which impacted on its governance arrangements and the Council?s ability to be represented on the Group?s Board. However the retention of the share in Progress Housing preserved the right of a vote at their AGM.

Members, whilst noting the changes resulting from the new constitution, wished to retain the share and ensure the good relationship with Progress Housing Group Limited continued via continued communication with the council throughout the year together with the submission of an annual report.

RESOLVED (unanimously):

That Cabinet note the contents of the report and ;
1. Retain a share in Progress Housing Group Limited.
2. Accept the offer by Progress Housing Group to present an annual report and consider other means to maintain working relationships to the benefit of our residents
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Chief Executive (Mike Nuttall) on behalf of himself and the Monitoring Officer declared an interest in item 1. (a) Changes to Statutory Dismissal Procedure for Protected Officers and left the room and took no part in the discussion.

Councillor Mrs M Smith the Leader of the Council introduced this item which detailed the Governance Committee?s recommendations on changes to the Council?s Constitution. The Governance Committee had recently looked at changes necessary to Contracts Procedure Rules (CPR?s) & The 2015 Public Contracts Regulations, Revised Guidance for Audit / Governance Committees, Procedures for Call-In by the Scrutiny Committee and Changes to Statutory Dismissal Procedure for Protected Officers.

The Leader of the Council indicated to Cabinet that after a lot of discussion that it was felt that it would be preferable if the recommendations of the Governance Committee could be amended by removing reference to North West Employers Organisation as there was no guarantee that North West Employers Organisation would continue to exist into the future.

She also expressed reservations about the membership of the Disciplinary Panel which if it consisted of the Chair of Standards and the existing Independent Member of Standards could be seen to be too close to the members and officers involved.

Councillor Foster expressed his strong concern that putting aside the arguments for and against the proposed changes, on a point of principle, the Governance Committee as the guardian of the constitution had considered this in detail and that Cabinet should not interfere with the recommendations of the Governance Committee.

The Leader of the Council informed Cabinet that the revised proposals had not been taken lightly and she took on board Councillor Foster?s concerns but felt that this amendment should be put forward to Council.

Councillor Forrest suggested that it be referred back to Governance Committee for further consideration.

Councillor Ogilvie, the Chair of the Governance Committee, informed Cabinet that the removal of the North West Employers Organisation from the proposal was consistent with Governance Committee?s views. However, although both views on the membership of Disciplinary Panel had been discussed, the committee collectively supported the recommendations of the Governance Committee and that he would not wish their recommendations overturned.
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RESOLVED (unanimously):

1. That Council be recommend to adopt the proposed changes to the Constitution as recommended by the Governance Committee:-

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(a) Contracts Procedure Rules (CPR?s) & The 2015 Public Contracts Regulations.

That subject to an amendment of the wording of Contract Procedure Rule 39.4 relating to the development of an e-form, Council adopt the changes to the Contract Procedure Rules as illustrated in the Appendix to the Governance Committee report.

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(b) Revised Guidance for Audit / Governance Committees

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That the Terms of Reference for Governance Committee be replaced by the revised Terms of Reference set out be in Appendix 2 to the report to the Governance Committee.

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(c) Procedures for Call-In by the Scrutiny Committee

That the Scrutiny Procedure Rules 4F of the Constitution be amended as follows:-

?15. Call-in

In the first paragraph by the addition of the words ?the Chairman of the Scrutiny Committee or? after the word ?where? and before the words ?a minimum?.

In paragraph (b) by the addition at the end of the paragraph of the words ?The Chief Executive (or other designated officer) shall inform all members of the Council of the arrangements made for the Special meeting of the Scrutiny Committee to consider the call-in.?

In paragraph (c) by the addition at the end of the paragraph of the words ?The reasons for the call-in and the name or names of the Councillors who requested the call-in shall be set out in the agenda for the meeting.?

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2. That Council be recommend to adopt the following changes to the Constitution:-

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(a) Changes to Statutory Dismissal Procedure for Protected Officers

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1. An Investigation Panel be convened to consider the seriousness of any complaint or allegation received, if there is a case to answer and whether an investigation is required.

The Panel to be comprised of;-
Leader, Head of HR, Monitoring Officer ? for an allegation against the Chief Executive.
Leader, Head of HR, Chief Executive ? for an allegation against the Monitoring Officer.

2. Commissioning of an Independent Investigation
An appropriate body be contacted to assist in identifying a suitably experienced Investigator.

3. A Disciplinary Panel comprised of three suitably qualified independent persons be recruited at the appropriate time.
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Councillor Mrs M Smith the Leader of the Council presented the proposed timetable of meetings for 2016/17. The timetable was substantially similar to previous years with the exception of moving forward a week of the February 2017 Cabinet meeting to facilitate the budget process. She also referred to the back log of planning applications which had necessitated two planning committees on consecutive days in February and which would be kept under review.

RESOLVED (unanimously):

That the Timetable of Meetings for 2016/17 as set out in the attached appendix be approved.
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Chief Executive (Mike Nuttall) on behalf of himself and Senior Management Team declared an interest in this item but remained in the room.

Councillor Mrs M Smith the Leader of the Council presented this report indicating this was in the same format as previous years. It informed members that the Localism Act 2011 required all local authorities to set out its position on a range of issues relating to the remuneration of its employees and set out a policy that required approval by the Council by the end of March each year and for publication on the Council?s website.

The policy set out the existing approach to the remuneration of all posts within the council. In particular it specified certain mandatory requirements that must be detailed within the policy.

RESOLVED (unanimously):

That the attached Pay Policy for 2016/17 be recommended for approval by the Council.
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Councillor Mrs M Smith the Leader of the Council introduced this item and proposed confirming Councillor Mrs Linda Woollard as Mayor elect for 2016/17 and nominating Councillor Fred Heyworth as Deputy Mayor elect for 2016/17.

Councillor Foster welcomed the nominations and submitted apologies for Councillor Heyworth?s absence as he had hoped to attend but was unfortunately unable to.

RESOLVED (unanimously):

That Councillor Mrs Linda Woollard be confirmed as Mayor elect for 2016/17 and Councillor Fred Heyworth be nominated as Deputy Mayor elect for 2016/17.
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RESOLVED (unanimously):

That the Forward Plan submitted under Section 22 of the Local Government Act 2000 be approved.
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RESOLVED (unanimously):
That the press and public be excluded from the meeting during the consideration of the following two items of business as it involved the discussion of information defined as exempt from publication under paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, ?Information relating to the financial or business affairs of any particular person (including the authority holding that information) ? and, in which the public interest in maintaining the exemption, outweighed the public interest in disclosing it.
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Councillor Bennett the Cabinet Member for Finance & Resources introduced this report which concerned the disposal of land at St Andrews Way, Leyland which had previously been approved by Cabinet at its meeting on 18 March 2015. However, there had been some changes since that date which needed further approval before the proposed disposal could be progressed.

RESOLVED (unanimously):

That for the reasons outlined in this report the land at St Andrews Way, Leyland be now disposed of to the Kier Construction Group on the amended terms set out in the report.
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