Agenda and draft minutes

Cabinet
Thursday, 25th July, 2019 10.00 am

Venue: County Hall, Kendal

Contact: Jackie Currie  Email: jackie.currie@cumbria.gov.uk

Items
No. Item

24.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

An apology for absence was received from Mrs J Willis.

 

25.

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:

There were no disclosures on interest made on this occasion.

 

26.

MINUTES pdf icon PDF 237 KB

To receive the minutes of the Cabinet meeting held on 6 June 2019 (copy enclosed)

 

Minutes:

RESOLVED, that the minutes of the meeting held on 6 June 2019 be signed by the Chair.

 

27.

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:

RESOLVED, that the press and public be not excluded for any items of business on this occasion.

 

28.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

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

Minutes:

The Cabinet Member for Highways and Transport made an announcement about the recently held North West Regional Construction Awards.  Cumbria County Council won 5 awards:-

 

Client of the Year - Infrastructure Recovery Programme

Health, Safety & Wellbeing Award  - Sandside Lodge SEN School, Cumbria

Integration & Collaborative Working Award - Campus Whitehaven

Project of the Year – Civils - Campus Whitehaven

Sub-regional Project of the Year Award – Cumbria - Campus Whitehaven

 

Levens Primary School also won a runners up award.

 

The Cabinet Members asked that the Cabinet’s congratulations be recorded to the Highways Team on their success at the award ceremony.

 

The Deputy Leader of the Council and Cabinet Member for Finance asked Cabinet to join him in congratulating the County Council’s Finance Team on the recent announcement from the County Council’s Auditors that they intend to give an unqualified opinion on all areas of the County Council’s Statement of Accounts 2018/19.  This is a tremendous achievement and Cabinet thanked the Director of Finance and all her staff for the hard work and effort it had taken to achieve this excellent outcome.

 

The Auditor had also indicated his intention to issue an unqualified opinion on the value for money conclusions for 2018/19.  This was a tremendous achievement for the Council and thanks were expressed to the Corporate Management Team.

 

 

29.

PUBLIC PARTICIPATION

There were no questions, petitions or statements at the time of despatch

 

Minutes:

There were no public questions, petitions or statements made at this meeting.

 

30.

Community Asset Transfers of Land at Nenthead Mines (Eden) and Frizington Youth Centre (Copeland) – Transfer of the Freehold Interest and grant of a Long Lease respectively. pdf icon PDF 333 KB

To consider a report from the Acting Executive Director – Economy and Infrastructure (copy enclosed)

 

Additional documents:

Minutes:

Cabinet considered a report from the Acting Executive Director – Economy and Infrastructure which proposed a freehold transfer of land at Nenthead Mines, near Alston and also the grant of a long term lease for Frizington Youth Centre.

 

Nenthead Mines Conservation Society (NMCS) had submitted an expression of interest to the County Council for the land in 2016; the expression of interest was accepted and NMCS were invited to submit a business plan and case for the asset transfer.

A Business Case was subsequently submitted to the Council, considered and recommended by Eden Local Committee in late 2018 with broad terms agreed with NMCS in early 2019.

NMCS was a registered Charity and Charitable Incorporated Organisation, which aimed to conserve Nenthead Mines and to educate the general public about the history of mining, quarrying & smelting at Nenthead and in the North Pennines. NMCS had acted as caretaker of the Site on behalf of Cumbria County Council for a number of years (20+) following the bankruptcy of the previous occupier.

The key benefit to NMCS was that this community asset transfer allowed them to have the confidence to make longer term plans for and commitments to the conservation of the Nenthead Mines site.  The current arrangements gave NMCS no formal or lasting rights to utilize the Site, and as such NMCS’s investment of time, effort and money in the site was being done without any security that these investments would yield a return in terms of better conservation, education and access to the site in years to come.  Furthermore, ownership of the Site would allow NMCS to apply for grants to finance larger scale conservation and education projects at the Site. 

In relation to Frizington Youth Centre, thePhoenix Youth Project (PYP) had submitted an expression of interest to the County Council for the building in late 2016; the expression of interest was accepted and PYP were invited to submit a business plan and case for the asset transfer.

 

A Business Case was subsequently submitted to the Council, considered and recommended by Copeland Local Committee in early 2018 with broad terms agreed with PYP in early 2019.

 

Working with marginalised and disadvantaged young people aged 8 -19 years old in the deprived areas of Cleator Moor, Frizington, and Moor Row, the Phoenix Youth Project would help to raise aspirations, develop positive behaviour, encourage healthy lifestyles and reduce crime, discriminatory and anti-social behaviour.

 

The Youth Project aimed to increase usage of the building by offering access to a range of organisations through the day time and would bring an increase of services and offers to the Frizington community.

 

PYP propose to completely renovate the fabric of the building at an estimated cost of £215,000 over a number of years, safeguarding the security of the delivery of services from the building while providing a suitablebase for other organisations to operate. Currently the building was a purpose built youth centre, and needed to move towards being a multi-use versatile space.

 

Cabinet  ...  view the full minutes text for item 30.

31.

Proposed Expansion of Mayfield School pdf icon PDF 285 KB

To consider a report from the Executive Director – People (Deputy Chief Executive) (copy enclosed)

 

 

 

Additional documents:

Minutes:

Members had before them a report from the Executive Director – People (Deputy Chief Executive) which dealt with the outcome of the representation period triggered by the publication of notices by the school governors of Mayfield School for the potential expansion of the school. The representation period opened on 22 May 2019 and closed on 19 June 2019. 

Recently Mayfield School had relocated to the new Whitehaven Campus, and since then the governors of the school now propose to expand the existing offer of 130 places up to 160 places, an increase which would match the new accommodation and would require no additional expense.

Cumbria County Council’s Special Educational Needs and Disability Services had been facing pressures arising from increased demand for specialist education placements for a number of years. This increase in demand was in line with a national trend due to advances in medical technology and higher survival rates of children with complex needs and increases in medical diagnoses for conditions such as autism. Significant numbers of children were presenting with needs which could not be met in mainstream schools, and the shortage of places within the county meant that many have had to be educated elsewhere.

As a community special school, the governors had been able to carry out the necessary consultation and publish their own statutory notices, but it remained the responsibility of Cumbria County Council to make the final decision on the proposal having considered any responses received during the representation period.

Members noted that the governors had carried out a consultation between 4 March and the 15 April 2019, and that 35 responses had been received, 33 of which were in favour of the expansion (94%), 1 disagreed and 1 did not know.

Following consideration of the outcome of the consultation at a full governors meeting, it was decided to publish statutory notices starting a period of representation from 22 May to 19 June 2019. There were no responses during the representation period.

Members noted that both Allerdale and Copeland Local Committees had been made aware of the governor’s proposals, and were consulted, but that no comments had been received.

 

Cabinet acknowledged that 90% of the funding for the new build had been paid for by the nuclear industry, and without this the school would not have been built.  Members hoped the success of this scheme would encourage other large industries to support similar projects in other areas of the county.

 

RESOLVED, that Cabinet agree to implement the proposals for the expansion of Mayfield School.

 

32.

Award of Contract to an Open Framework Agreement for the provision of support at home service (Home Care) pdf icon PDF 249 KB

To consider a report from the Executive Director – People (Deputy Chief Executive) (copy enclosed)

 

Additional documents:

Minutes:

Cabinet considered a report from the Executive Director – People (Deputy Chief Executive), which sought approval to appoint providers who had met or exceeded the minimum standards required, to the Open Framework Agreement for the provision of Support at Home (Homecare) Services from 30 August 2019.

The Framework had been designed to incorporate all existing Service Provision Orders (SPOs) for Support at Home Services into one overarching Framework Agreement.  All current providers were individually invited to be part of the Framework.

The Framework was for 4 years, with no option to extend.

The Framework would operate using an Any Qualified Provider (AQP)approach allowing multiple independent sector providers to join the framework, with new providers being able to join the framework throughout the term of the contract.  This would remove the need for any potential risks of the Council contracting with Off-Framework Providers, and the Council would not be restricted to those providers who joined prior to contract implementation.

This approach would remove the arbitrary zone boundaries currently in place and would allow all providers to deliver homecare across the County.  Providers would not be restricted to their zone and could expand (where appropriate) to meet the demands of the service.

All social care providers who want to deliver Homecare would be required to meet the County Council’s minimum standards before being appointed to the framework. This would make sure that all providers had undertaken all relevant checks, prior to being added to the framework and being able to offer to provide care packages.

The Cabinet Member for Health and Care Services commented that demographically the population of Cumbria was ‘super-aging’ which suggested that the demand for homecare would continue to increase.

RESOLVED, that Cabinet

(1)     approve establishment of the framework and the appointment of the providers referenced in Appendix 1 of this report to the Open Framework Agreement for the provision of Support at Home Services (the “Framework”) from 2 September 2019;

(2)     Cabinet delegate all future provider appointments to the Framework (for providers that meet or exceed the published tender criteria) to the Executive Director – Corporate, Customer and Community Services.

 

Executive Director – People (Deputy Chief Executive)

Before the meeting closed Cabinet expressed their thanks to John Macilwraith, who would be leaving the County Council at the end of August to take up a new post in Sheffield.

Cabinet paid tribute to the Executive Director’s hard work and dedication, and acknowledged that he was leaving Cumbria County Council in a much stronger position that when he first joined the authority.  All members wished Mr Macilwraith best wishes for the future.