To receive any apologies for absence.

Apologies for absence were received from Mr Knowles and Mr Pearson.

To disclose any personal and prejudicial interests relating to any item on the agenda.

NB   The following is a summary of what constitutes a personal interest and a personal and prejudicial interest.  Please seek advice or refer to the Code of Conduct (paragraph 8) for full definitions.

Personal Interests

You have a personal interest if the issue being discussed in the meeting affects the well-being or finances of you, your family or your close associates more than most other people who live in the Electoral Division affected by the issue.

Personal interests are also things that relate to an interest you must register.

N.B. If the personal interest arises because of your membership of another public body, you only need to declare it if you intend to speak.

A personal interest should be declared as follows:

I have a personal interest in agenda item […] regarding the report on […] because I am […].

Personal and Prejudicial Interests

If you have a personal interest in a matter you will also have a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.  If you have a personal and prejudicial interest you must withdraw from the meeting room for that item, unless you are there to make representations and the public have the same opportunity to do so

NB You only have a prejudicial interest if the matter

• affects your financial position or that of your family, close associate, employer etc or it
• relates to a regulatory matter

A personal and prejudicial interest should be declared as follows:

I have a personal and prejudicial interest in agenda item […] regarding the report on […] because I am […].

Advice on this can be sought from staff in Legal and Democratic Services.  Members are requested to seek advice, wherever possible, before the meeting starts.

Mr Markley declared a personal and prejudicial interest in agenda item 21 (English National Concessionary Travel 2012/13) as the proprietor of a coach company.

Mr Fairbairn declared a personal and prejudicial interest in agenda item 17 (Social Care Community Support Services Framework Process and Outcomes) as a member of Age UK West Cumbria.  He declared a personal interest in agenda item  21 (English National Concessionary Travel 2012/13) as he held a concessionary bus pass.

Mrs Mallinson declared a personal interest in agenda item 21 (English National Concessionary Travel 2012/13) as a member of Carlisle City Council.

To receive the minutes of the Cabinet meeting held on 13 October 2011 (copy enclosed)

RESOLVED,that the minutes of the meeting held on 13 October2011 be agreed as a correct record and signed by the Chairman.

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

RESOLVED,that the press and public be excluded during consideration of the following items:-

                  Item 16 – Future Provision of Food Services and Cleaning – Options for a Local Authority Limited Company by virtue of paragraph 4 of Part 1 of Schedule 12A of the Local Government Act 1972 as the report contains exempt information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority and employees of or office holders under the authority.

                  Item 17 – Social Care Community Support Services Framework, Process and Outcomes by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as the report contains exempt information relating to as the report contains information relating to any financial or business affairs of any particular person.

                  Item 18 – Maryport Harbour by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as the report contains exempt information relating to any financial or business affairs of any particular person.

                  Item 19 – Derwent Forest by virtue of paragraph 4 of Part 1 of Schedule 12A of the Local Government Act 1972 as the report contains exempt information relating to any consultations or negotiations, or contemplated negotiations.

                  Item 20 – Amey Transition: Fleet by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as the report contains information relating to any financial or business affairs of any particular person.

                  Item 21 – English National Concessionary Travel 2012/13 by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as the report contains information relating to any financial or business affairs of any particular person.

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

The Cabinet Members for Children’s Services were pleased to announce that the recent inspection by Ofsted had found the service to be very good and rated at a 3 with some outstanding features.  The aspiration for the service remained to gain the highest award of 4.

The Cabinet Member for Organisation Development was delighted to confirm that following the recent recruitment campaign 34 new apprentices had joined the County Council on 7 November.  The Council had received over 300 applications from young people so congratulations were due to those 34 who had been successful.

The Cabinet Member for Community Safety and Local Services confirmed that following discussions with the Department for Communities and Local Government the proposed merger between Cumbria and Northumberland Fire and Rescue Services would not proceed.  He also confirmed that Cumbria FRS had won a public sector award for initiative and offered his congratulations to Mike Barton who had won the Fire Fighter of the Year award for the role he played in helping at the scene of the Keswick bus crash.  All Cabinet joined him in offering their congratulations on the award.

The Cabinet Member for Economy & Highways confirmed the service were in for an engineering award in relation to the reconstruction of the Calva bridge.  He also reported on recent improvements to the Highways Hotline which now enabled callers to be routed direct to the locality team concerned.

The Deputy Leader announced that progress had been made on the Managing Radioactive Waste Safely Partnerships Memorandum of Understanding and in particular the provisions for veto.  Government had confirmed that to proceed in the GDF process ‘three green lights’ would be needed , ie the local council, county Council and Government would all have to agree on a site’s suitability to proceed.  Members noted further consultations on the proposals would commence later in November.     

None at this stage

None on this occasion.

(a)    Report from Scrutiny Committee

Mrs Macur presented a report on behalf of the Economy and Environment Scrutiny Advisory Board on Parking Enforcement.

RESOLVED,that the report be noted.

(b)            Response from Cabinet Member

The Cabinet Member for Highways and Economy welcomed the report of the Task and Finish Group.

Further to consultation with districts to establish a way forward on the introduction of a single parking enforcement approach for Cumbria a Task & Finish Group was established to look into the complex issues relating to how Civil Parking Enforcement (CPE) could be delivered across the county and to try to establish for itself whether there were any other service delivery approaches which could be used which underpin the principle of having the original desired model of a single enforcement service. 

Cabinet were advised that whilst significant efforts had been made it had been difficult to reach agreement with all districts on how a joined up service might operate.  Discussions were continuing and it was intended to bring a paper to Cabinet in December which would propose how parking enforcement was to be taken forward.  Scrutiny’s useful work would be used as part of the discussions being had by the Chief Executives and portfolio holders across the County.

RESOLVED,that the report of the task and finish group be noted and it be used as part of the continuing discussions to culminate in a paper being considered by Cabinet in December 2011 which would propose a way forward for parking enforcement across the county.

(a)    Report from Scrutiny Committee

Mrs Tarbitt and Mr GRPM Roberts presented a report on behalf of the Communications and Engagement Task and Finish Group.

The report considered the Council’s approach to communications and engagement for Members and outlined a number of recommendations to support and develop this. 

RESOLVED,that the report be noted.

(b)    Response from Cabinet Member

The Leader of the Council and Cabinet Member for Organisational Development welcomed the report of the Task and Finish Group.

The Group had worked closely with key officers from within the Council, considered best practice, and had also commissioned a Member survey to help inform their review and findings.  Members noted that a session to refresh members on emergency planning was proposed as were initiatives to tap into the skills and experiences of members.  The Member Development Working Group and Member Development Officer would also be working to drive member development forward.  The Assistant Director – Policy & Performance confirmed that a revised communications strategy was in development to be launched in 2012.

RESOLVED,that the report be noted and recommendations agreed.

[Electoral Divisions: All]

To consider a report from the Cabinet Member – Resources and the Corporate Director – Resources (copy enclosed)

The Deputy Leader of the Council presented a report on the Revenue and Capital Budget Monitoring.  The report set out the forecast year end financial position at 30 September 2011.

The reduction in Council budgets over the period of the Medium Term Financial Plan and Council Plan 2011/12-2013/14 presented a number of challenges for delivery.  The Revenue Budget for 2011/12 required the achievement of gross savings of £44m (£33m net savings) to meet the reduction in central government grant funding to the Council.

It was important that Cabinet focused on key financial issues particularly exceptions and variations against this challenging budget and the format of the report had been revised to assist this outcome.  Cabinet received this report quarterly and Corporate Management Team and Directorate Management Teams received a detailed report monthly.

The report for the first half of 2011/12 set out projected pressures in respect of the revenue budget of £3.636m against the current budget of £371.578m at this stage in the financial year.  This was an improvement on the position reported at 30 June which showed a net pressure of £4.912m.  However, there were a number of potential areas of underspending which would be quantified as the year continued to offset some of this projected pressure.

The pressures were related to the transitional impact of the implementation of restructurings within Directorates, above budget costs of looked after children, meeting the costs of concessionary fares and the timing of the realisation of some savings contained in the budget.  Action was being taken by Corporate Management Team to address underlying pressures.  For example, an action plan was in place within Children’s Services to address the looked after children pressures and there was a paper elsewhere on today’s considering the impact of costs of concessionary fares.

In addition, there was expected to be underspendings in other areas of the budget which by the year end could reduce these pressures.  These involved the anticipated reduction in the cost of borrowing from increased cash balances, which was currently forecast to save over £1.000m in 2011/12, and minimising the use of the contingency budget.  The projection was summarised in table 1 (page 4) of the report and exceptions by Directorate were set out in para 4.5 of the report.

The Corporate Management Team continue to assess the risks of delivery of the savings identified in the budget for delivery in 2011/12 and the impact of this risk assessment is reflected in the monitoring position.

The report set out a capital forecast outturn for the year of a variance of £40.580m (£38.710m 30^th June) against a current Capital Budget of £161.230m (£161.134m 30^th June).  The variance of £40.580m was made up of £1.111m (£1.133m 30^th June) underspending and £39.469m (£37.577m 30^th June) slippage on schemes.  The slippage related predominantly to Children’s Services schemes including delays in the Furness Academy Project due to the Town & Village Green application.  This was summarised in Table 3 (page 9) of the report.  The Deputy Leader  ...  view the full minutes text for item 133.

[Electoral Divisions: Eden]

To consider a report from the Cabinet Member - Resources and the Corporate Director – Resources (copy enclosed)

The County Council are trustees of the Matterdale School Foundation (“the Trust”), a Charity Commission scheme formed in 1906. The Foundation’s assets are an unused former school building requiring significant investment to bring it back into use and approximately 2 acres of agricultural land generating a rent of £110 p.a. payable to the trust.  Matterdale Parish Council have developed a proposal to invest in the building to make it capable of letting as a village hall and local occupancy house.  It is proposed to apply to the Charity Commission to appoint the Parish Council as trustee, rather than the County Council, in order for them to deliver their scheme.

The Deputy Leader presented a report on the Matterdale – Proposed Transfer of Education Trust to Parish Council.

The County Council were trustees of the Matterdale School Foundation (“the Trust”), a Charity Commission scheme formed in 1906.

The Foundation’s assets being an unused former school building requiring significant investment to bring it back into use and approximately 2 acres of agricultural land generating a rent of £110 pa payable to the trust.

Matterdale Parish Council had developed a proposal to invest in the building to make it capable of letting as a village hall and local occupancy house.

It is proposed to apply to the Charity Commission to appoint the Parish Council as trustee, rather than the County Council, in order for them to deliver their scheme.

Members thanked Mr Lowther for his work as local member in moving this project forward for the benefit of the local community.

RESOLVED,that the application to the Charity Commissioners to appoint the Parish Council as trustees of the Matterdale School Foundation and to vest the land and building to the Parish Council be approved.

[Electoral Divisions: Longtown and Bewcastle]

To consider a report from the Cabinet Member - Resources and the Corporate Director – Resources (copy enclosed)

This report presents two proposals from community groups seeking a transfer of council assets in order to support the ongoing contribution the groups and activities make in local communities.  Members are asked to agree that the assets are transferred to the relevant community groups in each case.

The Deputy Leader presented a report which recommends a change to the previous Cabinet decision (March 2011) to support the Longtown Moving Forward project.

It was proposed that, instead of making a cash contribution, Cabinet consider the transfer of an equivalent value of property and cash.

The proposed property contribution was part of the former Lochinvar School playing fields which was already suitable for the intended use as playing fields/sports facilities and the school bungalow which is to be converted to changing rooms.

The Local Member Mrs Tarbitt spoke in favour of the proposals and members thanked her for her hard work in conjunction with the property team to deliver a solution.

RESOLVED,that authority is given the Corporate Director - Resources to negotiate and settle the transfer by freehold sale or long lease of part, along with all ancillary documents or agreements, of the former Lochinvar School site as identified on the attached plan (Appendix 1 to the report) to Arthuret Parish Council for a nominal sum (£1), along with a cash contribution of £59,500 under wellbeingpowers on further detailed terms to be agreed by the Corporate Director - Resources in consultation with the Cabinet Member for Resources.

[Electoral Divisions: Appleby; Dalton North and Dalton South]

To consider a report from the Deputy Leader and Cabinet Member – Resources and the Corporate Director – Resources (copy enclosed)

This report presents two proposals from community groups seeking a transfer of council assets in order to support the ongoing contribution the groups and activities make in local communities.  Members are asked to agree that the assets are transferred to the relevant community groups in each case.

The Deputy Leader presented a report on two proposals from community groups seeking a transfer of Council assets in order to support the ongoing contribution the groups and activities make in local communities.

Members were asked to agree that the assets be transferred to the relevant community groups in each case.

RESOLVED,that

                  (1)    the freehold transfer of the asset known as Centre 67 to ECO on detailed terms to be agreed by the Corporate Director - Resources in consultation with the Portfolio Holder for Resources be agreed;

                  (2)    the freehold transfer of the asset known as Dalton Drill Hall to the Dalton Community Association on detailed terms to be agreed by the Corporate Director - Resources in consultation with the Portfolio Holder for Resources be agreed.

[Electoral Divisions: All]

To consider a report from the Deputy Leader and the Corporate Director – Resources (copy enclosed)

The present contract for the supply of Banking Services expires on 31^st March 2012. Legally the council is obliged to either go out to tender or to join existing contract frameworks. As an appropriate framework is not presently available officers are seeking Cabinet approval to advertise a tender and procure a contract for the provision of services after 1st April 2012.

The Deputy Leader presented a report on the present contract for the supply of Banking Services which would expire on 31 March 2012.  Legally the Council was obliged to either go out to tender or to join existing contract frameworks.  As an appropriate framework was not presently available officers were seeking Cabinet approval to advertise a tender and procure a contract for the provision of services after 1 April 2012.

Benchmarking exercises conducted over the past 5 years, had indicated that significant cost savings, after deducting potential transfer costs, were unlikely to be achieved from the tender so  emphasis has been placed upon maintaining and improving the quality of the service and reducing risk of loss.

The ongoing crisis in the financial markets had also had the impact of bringing risk management and financial status to the fore – these factors would also be reflected in the specification and evaluation used in the tendering process.  An additional factor to consider was that the Council’s current bankers were partially owned by the UK Government. 

RESOLVED,that

                  (1)    the proposal that the County Council re-procures the provision of banking services in line with the European procurement legislation to ensure continuity of services to the County Council from 1 April 2012 be approved;

                  (2)    the responsibility be delegated to the Corporate Director - Resources in consultation with the Deputy Leader to take forward the re-procurement process.

[Electoral Divisions: All]

To consider a report from the Cabinet Member – Adult Social Care and the Corporate Director – Adult and Local Services (copy enclosed)

“Shaping Our Future” brings together commissioning intentions for adults in Cumbria with changing requirements for Councils to support more people in their local communities.  The paper reflects upon priorities in an era of changing demand and aspiration with a focus on the wellbeing of whole communities as well as directly supporting the most vulnerable people to live safely.

The Cabinet Member for Adult Social Care presented a report on the strategy for Adult Social Care ‘Shaping Our Future’ which brought  together commissioning intentions for adults in Cumbria with changing requirements for Councils to support more people in their local communities. 

The paper reflected priorities in an era of changing demand and aspiration with a focus on the wellbeing of whole communities as well as directly supporting the most vulnerable people to live safely.

It highlighted a shift towards supporting the whole population to look after their health and wellbeing through unlocking community assets in order to offer people more choice and control in their local neighbourhoods.

For people that required more formalised social care support, this would become increasingly personalised and offer individuals greater levels of choice and control through service improvement and commissioning approaches.

Service transformation therefore reflects a shift towards commissioning a broader range of services that enable people to maximise their independence, whilst simultaneously ensuring that resources are used effectively to support more people.

RESOLVED,that

                  (1)    the strategic directions set out in “Shaping Our Future” are supported in order to respond effectively to the changing role of the Council and to meet the demand and aspirations of the citizens of Cumbria who need support;

                  (2)    following appropriate consultation, the Council be RECOMMENDED  to adopt the document as part of the policy framework under the local choice provisions outlined in the Local Government Act 2000. 

[Electoral Divisions:  Dalston and Cummersdale, Bowness, Thursby and Caldbeck

To consider a report by the Cabinet Members Children’s Services and the Corporate Director – Children’s Services (copy enclosed)

This paper deals with statutory proposals to discontinue (close) Welton primary school.  the report explains the background to the publication of the proposal and the outcome of the subsequent period for representations. It then goes on to ask Members to consider whether or not to approve the proposal based upon all relevant factors as set out in the statutory guidance.

The Cabinet Member for Children’s Services presented a report on the Discontinuance (Closure) of Welton School.

The report explained the background to the publication of the proposal and the outcome of the subsequent period for representations.  It then went on to ask Members to consider whether or not to approve the proposal based upon all relevant factors as set out in the statutory guidance at appendix A to the report.

Members were advised that Welton was a small rural primary school which would have had just 9 pupils on roll in September 2011, however given the consultation exercise parents had chosen to transfer their children to nearby schools of Raughton Head and Rosley both of which were rated good by Ofsted.  When Welton had 18 children on roll the cost per pupil equated to £7k per pupil against the average cost of £3.4k per pupil.  Given the lack of suitable footpaths the school was not on a safe route to school.  During the consultation period on the proposal to discontinue the school no representations were received which suggested a general consensus that the school was no longer viable with such small pupil numbers.

The school was not used for community events as a village hall directly opposite the school fulfilled this function and therefore the loss of the school would not impact on this aspect of village life.  The broadband hub located within the building would be moved.

Remaining staff would either be redeployed or made redundant.

The Assistant Director – Legal & Democratic Services confirmed that all procedures had been complied with and Cabinet were able to take a final decision on the proposals. 

RESOLVED,that the statutory proposal to discontinue Welton School on 31 December 2011 be approved.

PART 2 – ITEMS LIKELY TO BE CONSIDERED IN THE ABSENCE OF THE PRESS AND PUBLIC

To consider a report from the Cabinet Member - Resources and the Corporate Director – Resources (copy enclosed)

Not for publication by virtue of Paragraph 4 of Part I of Schedule 12A of the Local Government Act 1972, as this report contains exempt information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority and employees of or office holders under the authority.

The Deputy Leader presented a report on the Future Provision of Food Services and Cleaning Activities.  The report provided Members with details of three trading company options:

        (a)    Teckal Company

        (b)    Local Authority Limited Company with Cumbria Waste Management

        (c)    Local Authority Limited Company

In order to comply with government guidance, a separate business case was provided for each of the three trading company options (appendices 2, 3 and 4 of the report).  Once the Cabinet had agreed its chosen option, guidance requires a detailed business plan to be produced.  This business plan must demonstrate the viability of the business model.

The report recommended that option B a ‘local authority limited company with Cumbria Waste Management’ was pursued, with a final report including a business plan to be brought for approval at February 2012 Cabinet. 

RESOLVED,that

                  (1)    the establishment a local authority limited company with Cumbria Waste Management for the future provision of foodservice and cleaning activities be pursued;

                  (2)    the business case for a local authority limited company with Cumbria Waste Management be approved (please refer to appendix 3 of the report);

                  (3)    the development of a business plan that sets out the objectives of the proposed limited company and how they will be achieved, together with proposed memorandum and articles of association for approval at February 2012 Cabinet;

                  (4)    the arrangements from April 2012 for the countywide school crossing patrol provision continue to be delivered in the current manner by the same team so costs and disruption are kept to a minimum.

[Electoral Divisions: All]

To consider a report from the Deputy Leader and Cabinet Member – Adult Social Care and the Corporate Director – Adult and Local Services and Corporate Director – Organisational Development (copy to follow)

Not for publication by virtue of Paragraph(s) 1 of Part I of Schedule 12A of the Local Government Act 1972, as this report contains exempt information relating to any individual.

(Note Mr Fairbairn having earlier declared a personal and prejudicial interest in this item left the meeting during its consideration).

The Chief Executive apologised to members for the late circulation of this report and advised that procurement procedures would in future be more closely aligned with the decision making process to avoid any repetition. 

The Deputy Leader and Cabinet Member for Adult Social Care reported on the tender process followed in relation to the awarding of framework contracts for community support services to social care and Supporting People providers in the county. 

The report made recommendations to Cabinet in relation to placing successful providers onto frameworks for social care community support services. These providers are set out in Appendix 1.

It also seeks approval for a limited extension to current contracts in relation to Framework 3 (day care services).

Following discussion on the process undertaken and an amendment to recommendation 1 (in the terms below) and the inclusion of a new recommendation 3 it was

RESOLVED,that

                  (1)    Cabinet agree to award the contracts as recommended, however the Cabinet is concerned that adequate provision is maintained and therefore instructs the Corporate Director – Adult and Local Services to make provision for a procurement process in respect of a ‘reserve’ list to start to ensure the needs of the people of Cumbria are adequately covered;

                  (2)    extensions of current contracting arrangement for those services relating to Framework 3 (day care/day opportunities) for a period to June 2012 by which time Framework 3 will be procured and implemented be approved.;

(3)      an urgent review of procurement processes is undertaken.

[Electoral Divisions: Harrington Clifton and Stainburn]

To consider a report from the Cabinet Member – Economy and Environment and the Corporate Director – Environment (copy enclosed)

Not for publication by virtue of Paragraph(s) 1 of Part I of Schedule 12A of the Local Government Act 1972, as this report contains exempt information relating to any individual

(Note at this point both Mr Fairbairn and Mr Markley declared personal interests as members of Allerdale Borough Council).

The Cabinet Member for Economy and Highways presented a report on Maryport Harbour.  The objective for Maryport Harbour was for local partners to work together to ensure the harbour could have a sustainable future for the benefit of the local community.  The report outlined how this objective could be achieved. 

RESOLVED  ,that

                  (1)    the Council enables NWDA to exit from MDL, and that the Council, as shareholder of MDL, agrees to MDL purchasing NWDA’s shares, subject to lawful procedures being followed;

                  (2)    the Council agrees to NWDA novating MDL’s endowment agreement to Cumbria County Council subject to the necessary changes being agreed and to the transfer of NWDA’s legal charges and debenture so that the Council becomes the beneficiary;

                  (3)    following NWDA exit, the Council agrees to the shares being redistributed so that ECWC is not a majority shareholder;

                  (4)    delegated authority is given to the Chief Executive in consultation with the Chief Finance Officer and Monitoring Officer to complete the appropriate documentation to allow NWDA to exit and to enable the novation and transfer of legal documents to the Council;

                  (5)    further to NWDA exiting from the company, Cumbria County Council works with local partners to help secure a sustainable future for Maryport Harbour.  This will involve:

                          (i)     assisting MDL to restructure to change from a regeneration company and become a harbour management company so that it can transfer to MHA;

                          (ii)    developing a viable business plan for MDL that will include obtaining more cost certainty on harbour infrastructure repairs and exploring opportunities for realising income from land assets that can be reinvested in the Harbour;

                          (iii)   preparing a legally binding agreement that commits MHA to absorbing MDL and thereby providing an exit for local partners from MDL.

                  (6)    the next stages outlined above at paragraph 3.5 to be reported to Cabinet for further decision. No works to repair the harbour infrastructure to commence unless there is an agreement in place for MDL to transfer to MHA with an agreed business plan for the harbour.

[Electoral Divisions: Dearham and Broughton, Maryport West, Seaton]

To consider a report by the Cabinet Member – Economy and Highways and the Corporate Director – Environment (copy enclosed)

Not for publication by virtue of Paragraph(s) 4 of Part I of Schedule 12A of the Local Government Act 1972, as this report contains exempt information relating to any consultations or negotiations, or contemplated negotiations.

(Note at this point both Mr Fairbairn and Mr Markley declared personal interests as members of Allerdale Borough Council).

The Cabinet Member for Economy and Highways presented a report on Derwent Forest.

The report updated members on progress with the disposal of Derwent Forest.  Cabinet determined on 28 February 2011, to conclude a lease (“the Lease”) with the Derwent Forest Development Consortium (“DFDC”) on the basis of Heads of Terms agreed with DFDC.

The report detailed the key terms of the Lease and the differences between that Lease and the Heads of Terms, as negotiated in early 2011, that have arisen through the negotiations since March 2011 with DFDC. 

RESOLVED,that the delegation of authority to the Corporate Director – Resources be approved, in consultation with the Assistant Director – Finance, Assistant Director – Legal and Democratic Services and Cabinet Member for Economy and Highways, to complete the Lease with the Derwent Forest Development Consortium taking into account the changes to the Heads of Terms since 31 March 2011.

[Electoral Divisions: All]

To consider a report from the Cabinet Member – Economy & Highways and the Cabinet Member – Resources and the Corporate Director Environment and the Corporate Director – Resources (copy enclosed)

Not for publication by virtue of Paragraph(s) 3 of Part 1 of Scheule 12A of the Local Government Act 1972, as this report contains exempt information relating to any financial or business affairs of any particular person

The Deputy Leader and Cabinet Member for Economy and Highways presented a revised report which had been circulated (which contained tender evaluation information) which outlined a strategy to secure business continuity in relation to Highways Fleet provision at the point of transition from Amey.

The report sought approval to award a series of framework call offs for the provision of a core Highways fleet.

RESOLVED,that the Cabinet notes the intention to procure a fleet of vehicles of the type and number stated in sections 5&6 and appendix 2 of the report be noted and approves:-

(1)            a delegation to the Corporate Director – Safer and Stronger Communities in consultation with the Assistant Director – Finance to place orders for the vehicles described in para 6.4 of the report and subject to the parameters set out in 6.5;

(2)            the business continuity strategy outlined in the report at section 5.

(3)            To RECOMMEND the necessary changes to the Capital Programme to Council

[Electoral Divisions: All]

To consider a report by the Cabinet Member – Transport and Environment and the Corporate Director – Environment (copy to follow).

Not for publication by virtue of Paragraph(s) 3 of Part I of Schedule 12A of the Local Government Act 1972, as this report contains exempt information relating to the financial or business affairs of any particular person.

(Note Mr Markley having earlier declared a personal and prejudicial interest in this item left the meeting).

The Deputy Leader and Cabinet Member for Transport and Environment presented a report which gave an update on the performance of Concessionary Travel since April this year including the current budget position and set out proposals for the Cumbria Scheme for 2012-13 including the reimbursement rate to be paid to transport operators.

Although there remained a forecast deficit for the year adequate funds were available to address this on this occasion only.  Options were considered for the possible solutions to avoid future deficits.  Revised recommendations to the report were proposed and agreed as set out below.

RESOLVED,that Cabinet

                  (1)    agree that the decision to set the final level of base rate subsidy and publish a Cumbria Scheme for 2012/13 be delegated to the Corporate Director – Organisational Development in liaison with the Cabinet Member for Transport and Environment and the Cabinet Member for Resources;

                  (2)    agrees that a letter is sent to the Secretary of State for Transport in support of the campaign being run by Norfolk County Council expressing concern at the level of funding for Concessionary Travel as per para 4.6 of the report.