Agenda and minutes

Cabinet
Thursday, 26th April, 2018 10.00 am

Venue: Conference Room A, Cumbria House, Carlisle CA1 1RD

Contact: Nicola Harrison  Email: nicola.harrison@cumbria.gov.uk

Items
No. Item

94.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

95.

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 of interest at this meeting.

96.

MINUTES pdf icon PDF 102 KB

To receive the minutes of the Cabinet meeting held on 22 March 2018.

Minutes:

RESOLVED That the minutes of the Cabinet meeting held on 22 March 2018 are approved as a correct record, for signature by the Chair.

 

 

97.

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:

 

Following discussion and advice from the Monitoring Officer, Cabinet

RESOLVED that Agenda Item 9 would be considered in public.

 

 

RESOLVED That the press and public are excluded from the meeting during consideration of Agenda Item 10.

 

98.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

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

Minutes:

Mr Peter Thornton, Cabinet Member for Health and Care Services made an announcement about the recent inspections of the Reablement Service in the south and west of the county. The inspection had taken place during February and March 2018.  The service had been judged “Good” overall and “Good” across five key categories by the Care Quality Commission. 

 

The Leader of the Council congratulated officers on the outcome of the inspection, on behalf of the Cabinet. 

99.

PUBLIC PARTICIPATION

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

 

Minutes:

There was no public participation at this meeting.

100.

COUNCIL RESPONSES TO IMPLEMENTING GEOLOGICAL DISPOSAL CONSULTATIONS pdf icon PDF 90 KB

To consider a report from the Corporate Director – Economy and Highways

 

Additional documents:

Minutes:

Mr Donnini, Corporate Director – Economy and Highways presented the report which contained the proposed Council responses to two consultations being carried out by the Department for Business, Energy & Industrial Strategy (BEIS) in respect of implementing geological disposal: on the proposed approach to working with communities as part of the siting process for a geological disposal facility, and a separate consultation on a draft National Policy Statement for Geological Disposal Infrastructure.

 

The Corporate Director drew members’ attention to the proposed responses - Appendices 3 and 4 of the report - highlighting the engagement process with members of the Council as a whole.  He explained that the proposed responses had been submitted to BEIS to meet their deadline, but BEIS had confirmed that it would accept a further submission arising from the Cabinet meeting.

 

The Corporate Director explained that the consultations provide the Council with the opportunity to influence the process which will be put in place to identify a site for a geological disposal facility in the UK. Cumbria is a major part of the UK and global nuclear industry as the host of Europe’s largest nuclear site and other nuclear facilities. A significant amount of higher level radioactive waste is currently stored in Cumbria at the Sellafield site. The proposed responses to the two consultations are intended to ensure that the needs of Cumbria are taken into consideration in the Government’s future policy and approach to geological disposal.

 

Mr David Southward, Cabinet Member for Economic Development and Property spoke in support of the recommendations in the report and thanked officers in the Corporate Director’s team for their work on the consultations. 

 

The Cabinet Member highlighted that the community consultation is not on a Geological Disposal Facility itself but on engagement with the community during the process. It is a UK wide consultation in which BEIS have defined the smallest building block of a community at ward level.  He highlighted that the proposed Government timetable is to invite interest in Autumn 2018.  It is proposed that each community accepted would receive £1m if established to be moving forward in good faith.  The Cabinet member stated that governance will be important in determining how such money is used. He did not feel that governance issues had been sufficiently addressed in the proposals. 

 

Mr  Peter Thornton, Cabinet Member for  Health and Care Services supported the proposed response.  He highlighted the definition of a community used in the consultation, predicting that a wider range of people, including those who would not receive a financial benefit,  would have an interest in the proposals.

 

Mrs Anne Burns, Cabinet Member for Children’s Services highlighted that the long term issue of storage and disposal is a growing problem for the County and the country, which needs to be resolved safely.  She stated that the issue has the potential to split the Council and the community and felt the Government is trying to get down to a level where a community will agree to its proposals, which she  ...  view the full minutes text for item 100.

101.

Review of Third Party Agreements on the Highway Network pdf icon PDF 92 KB

To consider a report from the Corporate Director – Economy and Highways

 

Minutes:

Mr Donnini, Corporate Director – Economy and Highways presented the

report which provided an overview of the findings from a recent review of existing arrangements with third party organisations undertaking maintenance of elements of the local highways network.  He explained the options in the report, including the recommended option for future arrangements and the reasons for this. The proposed approach entails a number of key components, set out in the report.

 

The recommended option provided a thorough mechanism through which the identified risks to the safety of road users and staff / volunteers can be mitigated whilst also empowering local communities to be involved in the upkeep of their local environment.

 

The recommended option had the benefit of encouraging community activity and would result in much needed additional maintenance work to lower priority elements of the highway network which are currently subject to only very low levels of maintenance due to budget constraints.

 

The recommended option created the opportunity to develop solutions in line with a number of Council Plan priorities.

 

Mr Keith Little, Cabinet Member for Highways and Transport supported the recommendations, which he felt would meet the objectives of minimising risk while enabling communities to undertake maintenance work.  He highlighted the need to proceed with health and safety as a priority.

 

Mr Ian Stewart, Deputy Leader and Cabinet Member for Finance also spoke in support of the recommendations, which addressed a complicated issue.  He stated that there is insufficient resource available for highways, a deficit of  £12bn nationally.

 

Mr Peter Thornton, Cabinet Member for Health and Care Services supported and welcomed the emphasis on enabling communities, contained in the proposals.

 

 

RESOLVED

 

1.    To implement a refreshed approach to working with third party organisations in relation to highway maintenance activities.

 

2.    That the refreshed arrangements are subject to evaluation after an initial 12-month period.

 

 

 

 

 

 

102.

Award for Open Framework Agreement for the provision of Older Adults Residential and Nursing Care Services. pdf icon PDF 93 KB

To consider a report from the Corporate Director – Health Care and Community Services

Additional documents:

Minutes:

 

Ms Jo Atkinson, Assistant Director – Children Health and Care Commissioning introduced the report, explaining that it sought approval to appoint providers who have met, or exceeded the minimum standards required, to the Open Framework Agreement for the provision of Older Adults Residential and Nursing Care Services, from May 2018.

 

The Assistant Director explained that the framework had been commissioned and procured in line with the Council Plan 2016-2019 Priority 2 - To support older, disabled and vulnerable people to live independent and healthy lives,and the Council’s Contract Procedure Rules (Part 5H).  Proposed appointments were contained in Appendix 1 of the report.

 

The reason for the proposed framework was  to enable the Council to meet the increasingly complex care needs of the people of Cumbria, by stabilising the existing provider market though recognition of the increasingly complex types of care being provided in residential and nursing services and incentivising providers to develop additional complex care services to support meet the Council’s current and future service demands.  

 

Mr Peter Thornton, Cabinet Member for Health and Care Services stated  that care homes in Cumbria set a high standard with good caring staff.  The Council’s approach is to have a mixed economy and the independent sector makes up the majority of the care sector.  The proposed approach of a 4-5 year period is essential to stabilising the care provider market.

 

 

RESOLVED

1.    That Cabinet approves the establishment of an open framework for an initial period of 4 years, with the option to extend for two further periods of up to 12 months, for the provision of older adults residential and nursing care services (the Framework) and the appointment of the providers (set out in Appendix 1 of the Report to the Cabinet meeting of 26 April 2018).

 

2.    That Cabinet delegates all future appointments to the Framework (for providers that meet the published tender criteria) to the Corporate Director – Health, Care and Community Services.

 

 

 

 

 

 

 

103.

Carlisle Northern Development Route and Allied Highways.

To consider a report from the Corporate Director – Economy and Highways

Minutes:

Mr Donnini, Corporate Director – Economy and Highways presented the report explaining the reasons for the proposal to members.

 

The proposal had the potential to deliver significant financial benefits to the Council and contributed to the “one off saving through contract management” identified in the medium term financial plan and to deliver a potentially significant financial benefit to the Council without impacting on standards of service.

 

Mr Ian Stewart, Deputy Leader and Cabinet Member for Finance spoke in support of the recommendations.

 

 

RESOLVED

 

1.        That Cabinet agree in principle to the re-financing of the senior debt on the contract that the County Council holds with Connect Roads, provided that certain conditions are met as set out below:

 

a)    Condition 1: that the re-financing produces financial gain to the County Council.

b)    Condition 2: no significant changes to the risk profile of the project apart from the increase to termination liabilities as highlighted in this report.

c)    Condition 3: that there are no significant concerns raised in the final due diligence reports from the County Council’s financial and legal advisers and assures the Corporate Director Economy and Highways of the lawfulness of the re-financing;

d)    Condition 4: that confirmation is received from the Department for Transport (DfT) for the contract debt re-financing to take place.

 

2.        That subject to the above, Cabinet delegates the final decision on the re-financing of the senior debt on this contract and associated amendments to the PFI contract, together with approval of the detail of any agreements to be executed to the Corporate Director - Economy and Highways, in consultation with the Section 151 Officer, Monitoring Officer, Leader of the Council, Deputy Leader of the Council and Cabinet Member for Highways and Transport.

 

3.        That Cabinet notes that Condition 1 will be assessed following the receipt of the final report from the Councils financial advisors. Conditions 2 and 3 will be assessed following receipt of the final report form the Councils financial and legal advisors. Condition 4 will be assessed following formal response from the Department for Transports Local Investment Panel.