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COUNCIL, 22nd November 2017

PRESENT:

The Worshipful the Mayor (Councillor F Ali) in the Chair

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Mrs P M Allen / M Greenwood / G A Robinson
S Baines MBE / J C D Hardy / J Scullion
J D Baker / R Holden / F Shoukat
C Beal / D E Kirton / B T R Smith
P A Bellenger / L R Lambert / G M Smith-Moorhouse
S L Benton / J M Lynn / D Sutherland
H Blagbrough / C A Machell / S Sweeney
P Caffrey / N J May / M K Swift
Mrs G M Carter / R Metcalfe / T Swift
Mrs A Collins / A Miles / A J Tagg
B K Collins / M J Payne / R L Taylor
A Evans / C Pearson / M J C Thompson
J Fenton-Glynn / C B Peel / R E Thornber
J F B Ford / C Pillai JP / S J Whittaker
D S Foster / S M Press / A D Wilkinson
M J Foster / C Raistrick / D K Young
A Gallagher / H J Rivron

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COUNCIL, 22nd November 2017

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COUNCIL, 22nd November 2017

52MINUTES OF THE COUNCIL MEETING HELD ON 21ST SEPTEMBER2017

It was moved by the Mayor,

Seconded by Councillor Scullion, and

RESOLVED that the Minutes of the meeting of the Council held on the 21st September 2017, having been printed and a copy sent to each Member of the Council, be taken as read and signed by the Mayor.

53MEMBERS’ INTERESTS

The Mayor reminded Members of the need to declare any disclosable pecuniary interests or other interests which they might have in relation to the items to be considered at the Council meeting.

54MAYOR’S OR CHIEF EXECUTIVE’S ANNOUNCEMENTS

(A)Councillor Benton announced that Councillor Marcus Thompson had been nominated by the Conservative and Unionist Group as the Mayor Elect for the 2018/2019 Municipal Year and Councillor Pillai had been nominated as Deputy Mayor for the 2018/2019 Municipal Year. The Council congratulated Councillor Thompson and Councillor Pillai on their nominations.

(B)The Mayor announced that Councillor Scullion had achieved a Doctorate in Philosophy. The Council congratulated Councillor Dr Scullion on her Doctorate.

(C)The Chief Executive announced that Claire Slattery had won two Angel Awards for “Rescue of the Piece Hall” and was the overall UK winner. The awards were in recognition of the work carried out to restore the Piece Hall and were awarded byHistoric England.

The Mayor was happy to present both awards to Claire Slattery.

55MOTION UNDER COUNCIL PROCEDURE RULE 15(C) - TO CHANGE THE ORDER OF BUSINESS ON THE AGENDA

It was moved by Councillor Taylor,

Seconded by Councillor Benton, and

RESOLVED thatthe Motion on being put to the vote was not carried.

56PETITIONS PRESENTED BY MEMBERS OF THE COUNCIL

(A)CouncillorFordpresented a petition relating tosupporting Elland Town Centre Businesses.

The Mayor confirmed that the petition would be dealt with in accordance with the provisions of the Council’s Petitions Scheme.

57TO ANSWER QUESTIONS BY MEMBERS OF THE PUBLIC UNDER COUNCIL PROCEDURE RULE 12

(A)Question from Mr Michael Bradley to Councillor B Collins, Deputy Leader and Cabinet Member for Regeneration and Economic Development:

Due to the fact that the relocation of the Bibliographical Services department required 280 sq. (m) storage and 100 sq. (m) office accommodation in 2009, according to “Business Case for Museums & Archives storage at Shaw Lodge Mills, Halifax”. Where is the remainder of this department being relocated to, that is not being relocated to Kings Cross Library unless of course this service has been scaled back in preparation for future library closures?

Councillor B Collins responded and advised thatthe Office accommodation and distribution elements of the Bibliographical Services Department had been successfully relocated to King Cross Library. The service had not been scaled down and continued to provide the same service to all the libraries across the Borough. The storage requirement was now provided at Heath Campus and at other libraries with capacity for storage across the Borough.

(B)Question from Mr Michael Bradley to Councillor B Collins, Deputy Leader and Cabinet Member for Regeneration and Economic Development:

With regards to the “Eastern Gateway Development Study” that aims to open up sites upon the East side of Water Lane for development. What is being done to bring forward/open up the Council owned, Shroggs Road site for redevelopment,that unlike numerous sites on the East side of Water Lane, is completely and wholly unoccupied?

Councillor B Collins responded and advised thatthere were currently no plans to develop the Shroggs Road site. The site was contaminated due to its former use as a tip. Ground conditions within the site were very poor and as such it was not considered viable to develop the land at present.

58CABINET RECOMMENDATIONS

(A)CALDERDALE SUICIDE PREVENTION PLAN (CABINET, 2ND OCTOBER 2017 – MINUTE NUMBER 51/B39)

It was moved by Councillor T Swift,

Seconded by Councillor Shoukat,

that the recommendation of the Cabinet contained in Minute Number 51/B39 be approved.

RESOLVED that the Calderdale Suicide Prevention Plan be approved.

(B)LOCAL DELIVERY COMPANY – OPTIONS APPRAISAL (CABINET, 2ND OCTOBER 2017 – MINUTE NUMBER 57/B45)

It was moved by Councillor T Swift,

Seconded by Councillor Sutherland,

that the recommendation of the Cabinet contained in Minute Number 57/B45 be approved.

Councillors Mrs Greenwood, Benton, Sutherland, Tagg, Ford, MK Swift, Lynn, Raistrick, Blagbrough, B CollinsandT Swift commented on the recommendation.

RESOLVED thata Council Owned Delivery Company be created to build homes for sale and rent, together with other associated development.

(C)SCHOOL CAPITAL STRATEGY (CABINET, 2ND OCTOBER 2017 – MINUTE NUMBER 60/B48)

In moving the recommendation Councillor T Swift sought and received the Council’s consent to withdraw the recommendation and replace with a revised recommendation.

It was moved by Councillor T Swift,

Seconded by Councillor MK Swift,

that the wording of the original recommendationcontained in Minute Number 60/B48 be withdrawn and replaced with a revised recommendation.

The AMENDMENT on being put to the vote was carried.

Councillors Benton, D Foster, Evans, Lynn, Payne, MK Swift and T Swiftcommented on the recommendation.

RESOLVED that

(a) the Maintenance programme – to meet the current and immediate financial commitment identified in the Director, Adult and Children’s Services written report support the following recommendations:

(i)the schools capital programme be allowed to retain any future school capital receipts from the disposal of land or buildings to support future school maintenance programmes of work;

(ii)all schools involved in capital maintenance project be asked to make a 10% contribution towards their project (to be made up of a combination of their devolved formula capital, school balance or a Council loan on which the school meets the annual repayments);

(iii)Officers be requested to report to a future meeting of Cabinet, with more information on individual small schools (of less than one form of entry), proposing the most economic and sustainable ways of managing these school buildings to meet the educational needs of these communities; and

(iv)Officers be requested to commission building surveys at 5 maintained schools considered the worst condition, to get a clearer picture of future building maintenance commitments, exploring the least costly ways of gathering this information;

and

(b) the Expansion Programme – to meet the 675 additional secondary school places required across Calderdale from September 2018, support the following recommendations:

(i)subject to the earlier Cabinet agenda item agreeing the future use of the Central Library and Northgate House site for sixth form use, accept option 1 set out in paragraph 5.6 of the Director, Adult and Children’s Services be accepted - being the joint proposal of Trinity Academy and Rastrick Academy to close their existing sixth forms at Trinity Academy, Rastrick Academy and Sowerby Bridge High to release space for 525 secondary school places, and to build a new sixth form college on the Central Library and Northgate House site. In doing so these schools will be required to:

  • acknowledge that the basic need contribution towards this project will be capped at £7 million; and
  • give an undertaking that the 3 schools will make alternative arrangements to take the additional pupils from September 2018 until the sixth form college is up and running;

and

(ii)in accepting option 1, to also accept the proposal at Calder High to add the remaining 150 places required, subject to the school giving a similar undertaking to make alternative arrangements to take the additional pupils from September 2018 until any building works are completed.

(Councillors Tagg and B Collins declared an interest in the above item as they were School Governors at Trinity Academy and left the room for the discussion and voting thereon).

(D)STREET LIGHTING LED PROJECT (CABINET, 2ND OCTOBER 2017 – MINUTE NUMBER 62/B50)

It was moved by Councillor T Swift,

Seconded by Councillor B Collins,

that the recommendation of the Cabinet contained in Minute Number 62/B50 be approved.

Councillors Lynn, Baker, Raistrick, Bellenger, Mrs Carter, B Collins, Tagg and T Swift commented on the recommendation.

RESOLVED that

(a) a sum of £21.6m be included in the Capital Programme to allow the Borough wide LED Project to be implemented;

(b) the LED Project be financed in part by revenue savings earmarked throughout the payback period, and prudential borrowing up to a maximum value of £14.7m; and

(c) a secured 0% repayable loan be drawn down of funding for £4.6m for the project from Salix Finance Limited, to be paid back over five years after the completion of the project be approved.

(E)TREASURY MANAGEMENT – ANNUAL STRATEGY REPORT 2018/2019 (CABINET, 6TH NOVEMBER 2017 – MINUTE NUMBER 69/B55)

It was moved by Councillor T Swift,

Seconded by Councillor B Collins,

that the recommendation of the Cabinet contained in Minute Number 69/B55 be approved.

Councillors Payne and T Swift commented on the recommendation.

RESOLVED thatthe proposed Treasury Management Strategy for 2018/19 and the Treasury Management Policy be approved.

59GOVERNANCE AND BUSINESS COMMITTEE RECOMMENDATIONS

(A)MEETING TIMETABLE 2018/2019 (GOVERNANCE AND BUSINESS COMMITTEE, 30TH OCTOBER 2017 – MINUTE NUMBER 20/J7)

In moving the recommendation Councillor Lambert sought and received the Council’s consent to withdraw the recommendation and replace with a revised recommendation.

It was moved by Councillor Lambert,

Seconded by Councillor T Swift,

that the original Meeting Timetable 2018/2019 contained in Minute Number 20/J7 be withdrawn and replaced with a revised Meeting Timetable 2018/2019.

The AMENDMENT on being put to the vote was carried.

Councillors MK Swift, Press and Wilkinson commented on the recommendation.

RESOLVED that

(a) the meeting timetable for the 2018/19 municipal year be approved, as set out on the following page;

(b) the Council meeting scheduled for Wednesday, 20th September 2018 did not need to be re-arranged as it did not clash with the main political party conferences;

(c) the Budget Council meeting in 2019 be held on Monday, 25th February 2019; and

(d) the Annual Council meeting in 2019 be held on Wednesday, 15th May 2019 commencing at 1200 hours.

MEETING TIMETABLE 2018/2019 (9 week cycle)

*holiday clashes / May / Jun / Jul / Aug / Sep / Oct / Nov / Dec / Jan / Feb / Mar / Apr
WEEK 1 / M
Tu Planning x 2 (14.00/18.00)
W People (except 23/5)
Th
F / 21
22
23
24
25 / 23
24
25
26
27 / 24
25
26
27
28 / 26
27
28
29
30 / 4
5
6
7
8 / 8
9
10
11
12
WEEK 2 / M
Tu People (only on 29/5)
W Strategy and Performance
Th Place
F / 28*
29
30
31 / 1 / 30
31 / 1
2
3 / 1
2
3
4
5 / 3
4
5
6
7 / 11
12
13
14
15 / 15
16
17
18
19*
WEEK 3 / M Licensing & Regulatory
Tu
W
Th Health & Wellbeing Board (10.00) (Except 7/6)
F / 4
5
6
7
8 / 6
7
8
9
10 / 8
9
10
11
12 / 10
11
12
13
14 / 18
19
20
21
22
WEEK 4 / M Standards
Tu Planning x 2 (14.00/18.00)
W
Th
F / 11
12
13
14
15 / 13
14
15
16
17 / 15
16
17
18
19 / 17
18
19
20
21 / 25
26
27
28 / 1
WEEK 5 / M Audit
Tu
W People
Th Health & Wellbeing Board (10.00) (Only on 21/6)
F / 18
19
20
21
22 / 20
21
22
23
24 / 22
23
24
25
26 / 31 / 1*
2
3
4 / 4
5
6
7
8
WEEK 6 / M Governance & Business
Tu
W Strategy and Performance
Th Place
F / 25
26
27
28
29 / 27*
28
29
30
31 / 29
30
31 / 1
2 / 7
8
9
10
11 / 11
12
13
14
15
WEEK 7 / M
Tu Planning x 2 (14.00/18.00)
W
Th
F / 2
3
4
5
6 / 3
4
5
6
7 / 5
6
7
8
9 / 14
15
16
17
18 / 18
19
20
21
22
WEEK 8 / M
Tu
W
Th
F / 9
10
11
12
13 / 10
11
12
13
14 / 12
13
14
15
16 / 21
22
23
24
25 / 25
26
27
28
29
WEEK 9 / M
Tu
W COUNCIL
Th
F / 16
17
18
19
20 / 17
18
19(
20
21 / 19
20
21
22
23 / 28
29
30
31 / 1 / 1
2
3
4
5

All meetings commence at 1800 hours unless otherwise state

BUDGET COUNCIL – MONDAY 25TH FEBRUARY 2019

ANNUAL COUNCIL –WEDNESDAY 15th MAY 2019

(B)SENIOR MANAGEMENT REVIEW (GOVERNANCE AND BUSINESS COMMITTEE, 30TH OCTOBER 2017 – MINUTE NUMBER 22/J10)

It was moved by Councillor Lambert,

Seconded by Councillor Thornber,

that the recommendation of the Governance and Business Committee contained in Minute Number 22/J10 be approved.

RESOLVED that

(a) the new management structure be approved to take full effect from 1st January 2018; and

(b) the Constitution be amended to reflect the changes of Chief Officer posts as determined by the Chief Executive.

60LICENSING AND REGULATORY COMMITTEE RECOMMENDATION

(A)DELEGATION TO DETERMINE WHETHER APPLICATIONS FOR REVIEWS ARE FRIVOLOUS/VEXATIOUS (LICENSING AND REGULATORY COMMITTEE,9TH OCTOBER 2017 – MINUTE NUMBER 30/L15)

It was moved by CouncillorMrs Allen,

Seconded by Councillor Thornber,

that the recommendation of the Licensing and Regulatory Committee contained in Minute Number 30/L15 be approved.

Councillors Thompson, Mrs Carter, Tagg, MK Swift, Thornber, Press, Sweeney, Payne and Mrs Allen commented on the recommendation.

RESOLVED that

(a) the Head of Customer Services be given delegated authority to determine whether a request for a review of a premises licence by a member of the public is relevant, frivolous, vexatious or repetitious; and

(b) the Constitution Part 3 - Responsibility for Functions: Officer Delegation Scheme be amended to reflect the new delegated authority.

61MOTIONS UNDER COUNCIL PROCEDURE RULE 14

(A)Reviewing the Number and the Cost of Councillors and Special Responsibility Allowances

It was moved by Councillor Benton,

Seconded by Councillor Baines,

Over recent years the Council has reduced its total number of staff by 17%, including the number of senior officer posts (which will have reduced by 29% by January 2018), in order to ensure that it remains lean, efficient, and is able to achieve financial savings. The wide-ranging senior management review (which is considered elsewhere on this agenda) is consistent with this approach and seeks to ensure that the structure of the Council is fit for purpose and supports the organisation is meeting the challenges of the future.

Despite the overall reduction in the number of staff and senior officer posts within the Council, and indeed, the reduction in the number of Scrutiny Chair posts which was implemented this year, the number and the cost to the Council of both Councillors and Cabinet posts has not been reviewed for some time.

The average number of electors per ward within Calderdale remains comparatively low for a Metropolitan Borough Council, and given both the fact that the current ward boundaries within Calderdale have not been reviewed for a considerable period of time, and the growing tendency elsewhere in the UK to reduce the number of elected representatives in democratic institutions, it is an opportune time to review the current number of Councillors with a view to achieving cost savings for local taxpayers. Furthermore, given the changes which are recommended as part of the Council’s review of the directorate structure, it would appear appropriate to review the areas of responsibility that Cabinet posts cover; and the total cost of these to the Council. Therefore this Council:

(A)Calls upon the Leader of the Council to review the current areas of responsibility for each Cabinet Member and whether these best reflect the recommendations for reviewing the Council’s directorate structure.

(B)Requests that the Standards Committee undertake a review of Special Responsibility Allowances (including Cabinet positions) by commissioning, as part of that review, an Independent Remuneration Panel to consider the existing arrangements with a view to achieving financial savings for the Council.

(C)Requests that the Local Government Boundary Commission for England conduct a review of the current number of Borough Councillors in Calderdale, and the current ward boundaries, with a view to reduce the number of Councillors and their associated cost to the taxpayer.

Councillors Press, Wilkinson, Raistrick, Tagg, Fenton-Glynn, Baker, A Collins, Taylor, Robinson, B Collins, MK Swift, Holden, Peel, Baines, Sutherland, Benton and T Swift commented on the Motion.

RESOLVED that the Motionon being put to the vote was not carried.

The provisions of Council Procedure Rule 18.4 having been complied with a recorded vote was taken.

The following 21 Members voted for the resolution:

S Baines MBE / C Pearson
C Beal / C B Peel
S L Benton / C Pillai JP
H G Blagbrough / G A Robinson
J P E Caffrey / G M Smith-Moorhouse
G M Carter / A J Tagg
J F B Ford / R L Taylor
J C D Hardy / M J C Thompson
D E Kirton / R E Thornber
N J May / S J Whittaker
M J Payne

The following 29 Members voted against the resolution:

Mrs P M Allen / R Metcalfe
J D Baker / A Miles
P A Bellenger / S M Press
Mrs A Collins / C Raistrick
B K Collins / H R Rivron
A J R Evans / J Scullion
J Fenton-Glynn / F Shoukat
D S Foster / B T R Smith
M J Foster / D Sutherland
A Gallagher / S Sweeney
Mrs C M Greenwood / M K Swift
R Holden / T Swift
L R Lambert / A D Wilkinson
J M Lynn / D K Young
C A Machell

The fol

The following 1 Member abstained from voting:

F Ali

(B)Universal Credit

With the consent of the Council, Councillor Mrs Allen agreed to the removal of the wording in the last paragraph “whatever its initial intent” and replacing it with an amended motion:

It was moved by Councillor Mrs Allen,

Seconded by Councillor Baker,

this Council believes that the stated aim of the introduction of Universal Credit, to bring “fairness and simplicity” to the benefits system, was a laudable one. Similarly, the approach adopted of piloting the scheme in a number of areas and slowly rolling it out nationally was a useful one to adopt to uncover and address any implementation problems.

However, this Council notes that:

  • nine changes have been made since 2013, all designed to make the scheme less generous;
  • there have been numerous changes in the senior personnel responsible for the scheme;
  • the implementation costs have risen from an initial estimate of £2.2bn to around £16bn;
  • IT systems have been particularly, and expensively, problematic, and
  • Universal Credit has been criticised for not achieving its aim of allowing people to take up employment while not losing their full benefits, for reducing incomes of those already suffering financial hardship, and for driving people into debt, often for the first time. The (at least) six-week wait for the first payment has been the subject of significant criticism. Such criticisms have been made by, amongst others: the Institute for Fiscal Studies; the Child Poverty Action Group; the Institute for Public Policy Research; the Trades Union Congress; Citizens Advice; the Resolution Foundation; Dame Louise Casey and the Work and Pensions Select Committee.

More importantly, this Council notes the hardship caused by Universal Credit to individuals within the Borough and the knock-on effects that will be felt elsewhere within the public sector at a time when it is least able to respond effectively. This Council believes that such effects will only increase if Universal Credit continues to be introduced without significant reform.

This Council therefore:

(A)resolves to request the Chief Executive to write to the Secretary of State for Work and Pensions, making the above points, asking that it be accepted that, whatever its initial intent, Universal Credit is a deeply flawed system that is in need of major reform, and requestingthat the roll-out is halted until these issues have been successfully addressed.