Agenda and minutes

Apologies for absence were received from Councillors David Bird, Colin Clark, Mal Donoghue, Paul Foster, Claire Hamilton, Rebecca Noblet and Susan Snape.

To confirm the Minutes of the Council meeting held on 17 May 2018 attached.

RESOLVED:  (Unanimously)

That the minutes of the Council meeting held on Thursday, 17 May 2018 be approved as a correct record.

No declarations of interest were made.

The Mayor provided an update on the events he had recently attended and his forthcoming engagements.

The Council considered the approved minutes of the Cabinet meeting held on 21 June 2018 and draft minutes of the Cabinet held on 11 July 2018.

It was moved by Councillor Mary Green, seconded by Councillor Caroline Moon and

RESOLVED: (Unanimously)

That the approved minutes of the Cabinet held on 21 June 2018 and draft minutes of the Cabinet held on 11 July be noted.

The Council considered the draft minutes of the Governance Committee held on 29 May 2018.

It was moved by Councillor Alan Ogilvie, seconded by Councillor Ian Watkinson and

RESOLVED:  (Unanimously)

That the draft minutes of the Governance Committee on 29 May 2018 be noted.

The Council considered the approved minutes of the Scrutiny Committee held on 12 April 2018 and draft minutes of the Scrutiny Committee held on 28 June 2018.

It was moved by Councillor Matthew Tomlinson, seconded by Councillor Colin Coulton and

RESOLVED:  (Unanimously)

That the approved minutes of the Scrutiny Committee held on 12 April 2018 and draft minutes of the Scrutiny Committee held on 28 June 2018 be noted.

Report of the Specialist Consultant attached.

The Council considered a report by the Specialist Consultant which presented the annual performance report from 1 April 2017 to 31 March 2018.

It was moved by Councillor Caroline Moon, seconded by Councillor Mary Green and

RESOLVED:  (Unanimously)

That the annual performance report from 1 April 2017 to 31 March 2018 be noted.

Report of the Interim Deputy Chief Executive (Resources and Transformation) / Director of Planning and Propoerty attached.

The Council considered a report by the Director of Planning and Property which included the Commercial Property Investment Portfolio Investment Strategy that had been agreed by the Cabinet on 21 June 2018. 

In agreeing the strategy, Cabinet gave consideration to increasing the available funds to support the strategy from the £3.8M already agreed to £4.6M through utilising £0.8M from general reserves.  The approval of Council was required to move £0.8M from general reserves to the investment property reserve to support the strategy.

It was moved by Councillor Warren Bennett, seconded by Councillor Caroline Moon and

RESOLVED:  (Unanimously)

That the movement of £0.8M from general reserves to the investment property reserve be approved.

Report of the Interim Monitoring Officer.

The Council considered a report by the Interim Monitoring Officer reviewing Part 2Q – Review of the Constitution (formerly Article 16), which had been considered by the Governance Committee on 29 May 2018.

It was moved by Councillor Alan Ogilvie, seconded by Councillor Ian Watkinson and

RESOLVED:  (Unanimously)

That the draft Part 2Q – Review and Review of the Constitution (formerly Article 16) as outlined at appendix B of the report be approved.

Report of the Interim Monitoring Officer attached.

The Council considered a report by the Interim Monitoring Officer reviewing Part 2P - Finance, Contracts and Legal Matters (formerly Article 15), which had been considered by the Governance Committee on 29 May 2018.

It was moved by Councillor Alan Ogilvie, seconded by Councillor Ian Watkinson and

RESOLVED:  (Unanimously)

That the draft Part 2P – Finance, Contracts and Legal Matters (formerly Article 15) as outlined at appendix B of the report be approved.

Report of the Interim Monitoring Officer attached.

The Council considered a report by the Interim Monitoring Officer reviewing Part 2N – Joint Arrangements (formerly Article 12), which had been considered by the Governance Committee on 29 May 2018.

It was moved by Councillor Alan Ogilvie, seconded by Ian Watkinson and

RESOLVED:  (Unanimously)

That the draft Part N – Joint Arrangements (formerly Article 12) as outlined in appendix B of the report be approved.

Report of the Assistant Director of Scrutiny and Democratic Services attached.

The Council considered a report by the Assistant Director of Scrutiny and Democratic Services outlining Conservative Group changes to council and committee appointments for 2018/2019 and the use of reserve members for meetings of the Appointments and Employment Panel.

It was moved by Councillor Mary Green, seconded by Councillor Caroline Moon and

RESOLVED:  (Unanimously)

That:

(1) Councillor Graham Walton be appointed to the Scrutiny Committee;

(2) Councillors Mike Nathan and David Suthers be appointed to the Governance Committee

(3) Councillor Michael Green be appointed to the Shared Services Joint Committee;

(4) Councillor Cliff Hughes be appointed to the Shared Services Joint Committee – Appointment Panel;

(5) the use of a reserve for each politically represented group for meetings of the Appointment and Employment Panel be approved;

(6) the appointment of Councillor Karen Walton as the new Cabinet Member for Public Health, Leisure and Wellbeing and the change of appointments to various outside bodies as a result of this change be noted.

(a) Written question from Councillor David Howarth

Councillor David Howarth had submitted the following written question:

Could the Leader please advise council why it was felt necessary to obtain external legal advice on the composition of the Appointment and Employment panel as to whether it complied with local government legislation, and what costs were incurred as a result?

Given that the advice received was that the composition of the panel was in breach of legislation appertaining to the composition of committees and therefore unconstitutional, could the Leader advise as to what impact this has on the validity of the appointments and decisions made by the panel in relation to the Senior Management Team, and is the council now left open to challenge?

The Leader of the Council provided the following response:

Earlier this year the council obtained external advice on its duties in respect of reviewing and determining the representation of political groups on its committees.

This advice related to the membership of all committees, not just the Appointment and Employment Panel.

The issue had been raised at the Improvement Reference Group.  In any event it is always good practice to periodically review your practices and see if any changes/improvements can be made.

We obtained advice from a senior barrister. The cost of that advice was £1,485.

We do not consider that any decisions made by the previous membership of the Appointment and Employment Panel are in any way invalid or open to challenge.

(b) Question from Councillor Caleb Tomlinson

Councillor Caleb Tomlinson asked about concerns with cars parking on the new pavements on Station Road in Bamber Bridge.  The Leader responded that it was a Lancashire County Council matter.

(a) Question to the Deputy Leader and Cabinet Member (Environment and Community Safety)

Councillor David Watts thanked the Cabinet Member for providing information about Withy Grove Park and Fields in Trust following being contacted by a local resident.  The Cabinet Member was grateful for the issue being raised directly with her so that the matter could be dealt with appropriately.

Councillor Harry Hancock asked about residents not wishing to pay for green waste collections tipping the waste into the gutter and whether this was classed as fly tipping.  The Cabinet Member agreed to investigate and report back.

Councillor Harry Hancock asked about where the Council cuts grass and leaves the cuttings on pavements which can block drains.  The Cabinet Member responded that she shared the frustration and was already looking into the grass cutting service.

(b) Question to the Cabinet Member (Corporate Support and Community Engagement)

Councillor David Howarth asked the Cabinet Member about Pendle Council’s view on unitary local government and is it something South Ribble was looking into.  The Cabinet Member responded that it was not in his portfolio and that as it was not included in our corporate plan not something being considered.

Question to the Planning Committee Chair

Councillor David Watts asked the Planning Committee Chair about the policy of not naming streets after living or dead people.  The Planning Committee Chair responded that the Council followed local and national guidance in not naming streets after living or dead people.

There were no questions.