Agenda and minutes

Cabinet
Thursday, 4th June, 2015 10.00 am

Venue: Committee Room 2, The Courts, Carlisle

Contact: Nick Evans  Email: nick.evans@cumbria.gov.uk

Items
No. Item

14.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Messrs Doughty, McCreesh and Stewart.

15.

DISCLOSURES OF INTEREST

Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

 

1          Details of any employment, office, trade, profession or vocation carried on for            profit or gain.

 

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

 

(a)       Under which goods or services are to be provided or works are to be executed; and

 

            (b)       Which has not been fully discharged.

 

4          Details of any beneficial interest in land which is within the area of the authority. 

 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

 

6          Details of any tenancy where (to your knowledge)

 

            (a)       The landlord is the authority; and

 

            (b)       The tenant is a body in which you have a beneficial                                                         interest.

 

7          Details of any beneficial interest in securities of a body where

 

(a)       That body (to your knowledge) has a place of business or land in the    area of the authority; and

 

 

(b)       Either –

 

(i)      The total nominal value of the securities exceeds £25,000 or one            hundredth of the total issued share capital of that body; or

 

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

 

Note

 

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).  

Minutes:

As a Director of the Company Mr Southward disclosed a pecuniary interest in agenda item 13 CREA – Progress Update which was to be considered as an urgent item and advised that he would leave the meeting prior to its consideration.

16.

MINUTES pdf icon PDF 92 KB

To receive the minutes of the Cabinet meeting held on 30 April 2015

Minutes:

RESOLVED,that the minutes of the meeting held on 30 April 2015, be confirmed as a correct record and signed by the Chair.

17.

EXCLUSION OF PRESS AND PUBLIC

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

Minutes:

The Leader advised that he had agreed to admit an urgent item at item 13 CREA – Progress Update which would be taken in the absence of the press and public.  The item was urgent as it would impact on the future of the company.

 

RESOLVED,that the press and public be excluded from the meeting during consideration of Agenda Item Nos 10 – Residential Shortbreaks for Disabled Children in Allerdale and Copeland – The Elms, Workington, 11 – Award of Contract – Connecting Cumbria Phase 2, 12 – BP4W West Cumbria: Asset Strategy Update and 13 CREA progress Update as they contained exempt information relating to the financial  or business affairs of any particular person (including the authority holding that information) by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.  Members noted that Appendix 7 to Agenda Item 7 – Revenue and Capital Budget Report – Provisional Year End Results also contained exempt information as defined by Paragraph 3 and should they wish to refer to it during the course of the discussion the press and public would need to be excluded at that point.

18.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

To receive statements by the Leader of the Council and Cabinet Members.

Minutes:

The Leader made an announcement in relation to the NHS Success Regime for North Cumbria  and spoke about the inclusion of North Cumbria coming as no surprise and he was in no doubt that the county council and its staff would continue the consistent hard work with the NHS to ensure quality care for patients.  Whilst an NHS initiative he stressed that the County Council offered its full support to colleagues in the two hospital trusts and the CCG in North Cumbria.  He raised concern that additional funds were needed as the population based formula was not sufficient for a large rural area and that a ‘health deal’ for Cumbria was required to finally address Cumbria’s issues.

19.

PUBLIC PARTICIPATION

6.1       Question from Roger Frank the Hub Co-ordinator working with Orton Parish Council  

 

If Cumbria County Council leave the Phase 2 Superfast Broadband rights for the outlying areas of Orton Parish in the South of Eden District to the Alt Net provider currently operating in central Eden when this Provider…

·        Initially issued a written statement that they were unable to deliver a service to Orton and have subsequently been unable to satisfactorily demonstrate to the Parish that their service would either work geographically or be financially viable.

·        It is understood that the Council’s own International Consultant have recommended that the Providers claimed coverage area is significantly reduced.

·        The Providers latest set of accounts record the Company as being £292,000 insolvent.

·        The Providers predecessors have a history of financial failure.

·        Orton Parish is of the belief that there is a high probability of the Company failing to deliver a functional, long lasting service covering the Parish.

 

… then Orton Parish seek Cumbria County Council’s warrant that should the Provider fail in the delivery of a superfast service to the Parish by the end of 2017and the maintaining of said service for a minimum of 10 years, the Council will underwrite and be liable for all costs for the provision of a fibre and cable solution that would have been potentially provided if the area had been better designated as an Intervention Area.

 

Minutes:

1.                Roger Frank – Hub Co-ordinator working with Orton Parish Council

 

Mr Frank asked the Cabinet Member for Economic Development and Property the following question:

 

       If Cumbria County Council leave the Phase 2 Superfast Broadband rights for the outlying areas of Orton Parish in the South of Eden District to the Alt Net provider currently operating in central Eden when this Provider…

 

·               Initially issued a written statement that they were unable to deliver a service to Orton and have subsequently been unable to satisfactorily demonstrate to the Parish that their service would either work geographically or be financially viable.

 

·               It is understood that the Council’s own International Consultant have recommended that the Providers claimed coverage area is significantly reduced.

 

·               The Providers latest set of accounts record the Company as being £292,000 insolvent.

 

·               The Providers predecessors have a history of financial failure.

 

·               Orton Parish is of the belief that there is a high probability of the Company failing to deliver a functional, long lasting service covering the Parish.

 

… then Orton Parish seek Cumbria County Council’s warrant that should the Provider fail in the delivery of a superfast service to the Parish by the end of 2017and the maintaining of said service for a minimum of 10 years, the Council will underwrite and be liable for all costs for the provision of a fibre and cable solution that would have been potentially provided if the area had been better designated as an Intervention Area.’

 

Mr Southward thanked Mr Frank for his question and confirmed that Cabinet would be considering an item later on the agenda once the press and public had been excluded due to commercial sensitivity.  Mr Southward provided the following response to the question:

 

·               The Council is currently considering the awarding of a contract for a project to subsidise the building of broadband infrastructure under the National Broadband Scheme.

 

·               However State aid rules governing the National Broadband Scheme require public sector funding to be targeted to areas where no commercial or publically funded next generation broadband services are currently supplied or expect to be supplied in the next 3 years; this is defined as the Intervention Area.

 

·               The Council’s assessment of the Intervention Area is in the process of being formally validated and approved by Broadband Delivery UK who will make the final determination as to where state aid may be applied. This body also has the ability to instruct that areas of claimed coverage be subject to a monitoring programme to ensure that if services are not delivered that area can be brought back into the Intervention Area.

 

·               It should be noted that the project under consideration by the Council is aimed at increasing superfast broadband availability in Cumbria but is not expected to get to 100% coverage. Due to the limitations of funding and the restrictions outlined in the National Broadband Scheme we only expect to cover a part of the currently proposed Intervention Area. As such the Council cannot provide  ...  view the full minutes text for item 19.

20.

2014/15 Revenue and Capital Budget – Provisional Year End results pdf icon PDF 255 KB

To consider a report from the Chief Executive

Additional documents:

Minutes:

The report set out the provisional year-end results (Outturn) against the Council’s revenue and capital budgets for the 2014/15 financial year.  The outturn position remained provisional until the external audit process was complete and the results were planned to be reported to the Audit and Assurance Committee on 23 September 2015.

 

The starting point for the 2014/15 Budget was the Medium term Financial Plan (MTFP) agreed by Council in February 2014.  The budget had been monitored by Directorates throughout the year and reported to Cabinet quarterly.

 

The Deputy Leader welcomed the positive report which reflected the achievement of many of the objectives for the year.  The attainment of the savings in 2014/15 provided a solid foundation to moving forward in 2015/16.  In the context of the achievement of budget reductions it was worth noting that almost £100m had been invested in capital projects.

 

Cabinet noted that at recommendation K in the report (resolution 11 below) there was a typographical error and the figure reported as £12.979m should read £12.404m.

 

RESOLVED,that

 

                  (1)    the Revenue Budget at the provisional outturn for monitoring purposes of £402.197m as a result of the transfers from the Inflation and Contingency budget and agreed transfers from reserves (set out in Appendix 1) be noted;

 

                  (2)    the provisional Revenue Budget outturn of a net underspend of £0.088m be noted;

 

                  (3)    the new 2014/15 savings of £26.513m delivered against the new savings target of £27.894m and delivering existing savings of £0.295m against the target of £1.045m (set out in para 4.15 and and Appendix 2) be noted;

 

                  (4)    the provisional General Reserve balance at 31st March 2015 of £15.221m be noted. This was just above the target of £15m agreed by Council in February and was due to the net underspend for the year;

 

                  (5)    the earmarking to revenue reserves for the following balances totalling £1.843m be approved:

 

 

£’m

Expenditure Commitments from 2014/15 to be met in 2015/16 by Directorates

0.519

Reserves to assist Budget Delivery in 2014-2017

0.784

Transfer to Insurance Reserve

0.540

Total Transfer to Revenue Reserves

1.843

 

(1)      in June that the Local Committees non-highways budget underspend of (£0.740m) and Local Committee highways budgets overspend of £0.283m, resulting in a net underspend of £0.457m, be carried forward to be available to Local Committees in 2015/16 be RECOMMENDED to Council;

 

        (2)  in June that the Local Committees remaining balance on the Local Member Revenue Schemes budget (budgeted to be spent over the two years 2013/14 and 2014/15) of £0.492m be carried forward to be available to Local Committees in 2015/16 and 2016/17 to align with the remaining period of the Council be RECOMMENDED to Council;

 

        (3)  the increase of £1.350m in the Capital Programme 2014/15 (para 4.25) resulting in a current budget of £99.691m (excluding Accountable Bodies) be approved;

 

        (4)  the provisional outturn for the Capital Programme 2014/15 of £84.063m resulting in a variance of (£15.628m) which is made up of (£16.203m) slippage, £3.799m accelerated spend and (£3.224m) underspend, as set out in Table 9  ...  view the full minutes text for item 20.

21.

Youth Justice Strategic Plan 2015/16 pdf icon PDF 152 KB

To consider a report from the Corporate Director – Children’s Services

Additional documents:

Minutes:

Cabinet considered a report of the Corporate Director – Children’s Services which had been prepared to both advise Members about the planning requirements for the Youth Offending Service (YOS) and sought approval of the Strategic Plan which required submission to the Youth Justice Board by 30 September 2015.  Appendix 1  provided members with the current draft of the Plan for approval.

 

RESOLVED,that Full Council be RECOMMENDED that the Cumbria YOS Strategic Plan 2015-16 be agreed for submission to the Youth Justice Board by 30 September 2015.

22.

Regulation 19 Consultation on Draft Carlisle City Council Local Plan pdf icon PDF 161 KB

To consider a report from the Corporate Director – Environment & Community Services

 

Additional documents:

Minutes:

Cabinet considered a report of the Corporate Director – Environment in relation to the consultation on the Carlisle District Council Local Plan Proposed Submission Draft (Regulation 19 Consultation).

 

The development of the Local Plan was at an advanced stage and following this consultation, Carlisle City Council would submit the Local Plan and its supporting evidence base (including an Infrastructure Delivery Plan) to the Secretary of State, who would decide if it can be adopted.  When adopted the Local Plan would identify key development sites and the policies to be used to determine planning applications up to 2030.  

 

Members were asked to consider the strategic response outlined in the report and agree that the full technical response as set out in Appendices A to C and the Local Member Comments in Appendix D can be submitted to Carlisle City Council.

 

The Council had sought to be actively involved in the development of the Local Plan.  This engagement had helped to positively shape its content in line with the matters relevant to the County Council.  Therefore, from the Council’s perspective, the Plan should be welcomed because it:

 

§                broadly met with the Council’s overall vision and priorities;

§                gives significant weight to the delivery of necessary infrastructure to support the delivery of the plan and the proposed urban extension to the south of the City;

§                promotes a policy approach that should support the sustainable development of the City Centre; and

§                will help to deliver housing and employment development within Carlisle to support economic growth;

 

Notwithstanding the positive aspects of the Local Plan there was a need for a number of minor amendments to the Local Plan and its supporting evidence base.  In particular Cabinet were recommended that the policy needed to be more :

 

§                robust in ensuring early development does not prejudice the detailed planning of the Carlisle South urban extension; and

§                explicit about the range of infrastructure that planning obligations may be used to secure.

 

In addition to this, it was recommended that Carlisle City Council incorporated the latest education information as part of an update to the Infrastructure Delivery Plan (IDP).  The City Council should also undertake further testing of the feasibility of a Community Infrastructure Levy as means of supporting delivery of the Local Plan.

 

Cabinet were pleased to note that their earlier concerns eg. Retail drift northwards and the potential for a CiL had been addressed or incorporated as part of the response.

 

RESOLVED,that the strategic response outlined in the report be endorsed and the technical responses contained in Appendices A, B and C be agreed and Local Member feedback contained in Appendix D are submitted to Carlisle City Council to assist ongoing development of the Local Plan.

 

 

PART 2 ITEMS CONSIDERED IN THE ABSENCE OF THE PRESS AND PUBLIC

 

23.

Residential Shortbreaks in Allerdale and Copeland

To consider a report from the Corporate Director – Children’s Services

 

Minutes:

Cabinet considered a report of the Corporate Director – Children’s Services The report outlined the provision of overnight short breaks provision made in West Cumbria by Cumbria Partnership NHS Foundation Trust.  It described the position of the Clinical Commissioning Group in relation to this provision and their proposals for change.

 

The report outlined options for change and the relationship of these proposals to the strategic planning process.

 

Cabinet were pleased to note that confirmation had been received from the NHS that they would reinvest savings into community care facilities and

 

RESOLVED,that

 

(1)            the transfer on, or as soon as possible after, 1st October 2015 of responsibility for overnight shortbreaks service for children with a disability in Allerdale and Copeland, currently provided by the Cumbria Partnership Foundation Trust at The Elms, Workington from the Clinical Commissioning Group to Cumbria County Council be agreed;

 

                  (2)    on terms to be agreed by the Corporate Director of Environment and Community Services in consultation with the Portfolio Holder for Economic Development, the acquisition of The Elms, Workington be agreed.

24.

Award of Contract - Connecting Cumbria Phase 2

To consider a report from the Corporate Director – Environment & Community Services

 

Minutes:

Cabinet considered a report from the Corporate Director – Environment and Community Services in respect of their decision on 5th February 2015 to commence procurement of a phase 2 for the Connecting Cumbria superfast broadband infrastructure project utilising a government framework agreement developed by Department of Culture Media and Sport for the National Broadband Scheme(the Framework).

 

The phase 2 project under the Framework would aim to make superfast broadband available to a further 6,369 properties in Cumbria and with a target that sought to achieve, through a combination of publicly funded and commercially deployed networks, 95% availability of superfast broadband in Cumbria by March 2018. 

 

RESOLVED,that

 

(1)            the award of the contract for the Phase 2 of the Connecting Cumbria broadband infrastructure project to British Telecommunications PLC subject to following conditions be approved:

 

(a)            confirmation is received that the bid meets the criteria for deliverability, state aid compliance and value for money as determined by Broadband Delivery UK;

 

(b)            the contract shall not come into effect until matched funding is formally confirmed;

 

                  (2)    authority be delegated to the Corporate Director - Environment and Community Services, in consultation with the Leader, Deputy Leader, Cabinet Member for Economic Development and the Cabinet Member for Fire, Public Safety and Central Support Services, to:

 

                          (a)    approve the final terms of the contract with British Telecommunications PLC;

 

                          (b)    apply for external matched funding for phase 2, and if funding is awarded, enter into appropriate funding agreements;

 

                          (c)    approve variations to the contract and project Intervention Area during the term of the contract.

25.

Better Places for Work (BP4W) - West Cumbria Asset Strategy Update

To consider a report from the Corporate Director – Environment & Community Services

Minutes:

Cabinet considered a report of the Corporate Director – Environment and Community Services in relation to the implementation of the  Better Places for Work (BP4W) programme for West Cumbria.  

 

The purpose of this report was to advise Cabinet of further analysis and seek approval to progress the project to the next stage, procurement of a suitable Design and Build contractor for a new West Cumbria office.

 

Following some discussion the Leader proposed an amended recommendation at 3.3 which was agreed as at (3) below.

 

RESOLVED,that

 

                  (1)    bringing together staff currently split between Whitehaven and Workington into a new office for West Cumbria at Workington Goods Yard be approved;

 

(2)            the provision of a customer contact point for Copeland service users in the Daniel Hay Library, Lowther Street, Whitehaven be approved;

 

(3)            authority to proceed to the procurement stage which involves the commencement of a two phase procurement exercise to identify a suitable Design and Build contractor to deliver the West Cumbria office be delegated to the Corporate Director – Environment and Community Services in consultation with the Leader, Deputy Leader and Cabinet Member for Economic Development and Property, subject to the satisfactory clarification of the financial business case;

 

(4)            a recommendation to Council for inclusion of £6.6m capital scheme into the Capital Programme for the new office be approved.

 

                  Note: At the conclusion of this item Mr Southward left the meeting having declared a Disclosable Pecuniary Interest in the remaining item of business.

26.

CREA - Progress Update

Minutes:

Cabinet received a report from the Corporate Director Environment and Community Services in respect of Cumbria Rural Enterprise Agency and the Cabinet’s decision in November 2013 to provide a loan to the company to allow a managed wind down of the company.

 

RESOLVED,that

 

                  (1)    the Council work with CREA and its advisors to understand its outstanding liabilities in order to achieve a form of indemnity which will satisfy CREA’s Directors and enable them to make a declaration of solvency to ensure an orderly closure of the company and the transfer of the property at Redhills to the Council;

 

                  (2)    the proposed indemnity be capped at £325,000.