Agenda and draft minutes

County Council
Thursday, 27th June, 2019 10.00 am

Venue: Council Chamber, County Hall, Kendal

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

Items
No. Item

23.

Roll Call of Members

24.

Declarations of Interest

To disclose any disclosable pecuniary interests relating to any item on the agenda.

 

Members are asked to refer to the Monitoring Officer for advice in relation to the declaration of interests at meetings of the full Council.  A complete list of declarations notified to the Monitoring Officer by 5.00 pm on Monday  will be circulated at the meeting. If any member wishes to correct or add to the circulated list, guidance on what constitutes a disclosable pecuniary interest is set out below.

 

NB The following is a summary of what constitutes a disclosable pecuniary interest. Please seek advice from the Monitoring Officer.

 

Members must 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 declarations of interest made on this occasion.

 

25.

Exclusion of Press and Public

To consider whether there are any items on the agenda in respect of which the press and public should be excluded during consideration of the item.

Minutes:

RESOLVED,     that the press and public be not excluded from the meeting during discussion of any items of business on the agenda today.

 

26.

Public Participation

To receive petitions or questions from the public under the Public Participation Scheme for the Council.  This item is time limited to 30 minutes.

Minutes:

There were no public questions, petitions or statements made to the Council.

 

27.

Minutes pdf icon PDF 262 KB

To confirm as a correct record the minutes of the meeting of the Council held on 11 April 2019 (copy enclosed)

 

Minutes:

RESOLVED,     that the minutes of the previous meeting held in 11 April 2019 be agreed with the following amendments:-

 

Add Dr Lockney to the list of attendees.

 

On Minute No 13 – Minutes of the Executive, in paragraphs 7 and 9 change the word Appleby to Kirkby Stephen.

 

On Minute No 21 – Notices of Motion, in paragraph 18 change the word reminder to reminded.

 

28.

Announcements and Communications

To receive any announcements from the Chair, Leader, Members of the Cabinet or the Chief Executive.

Minutes:

The Chair announced that the details of the engagements undertaken by herself and the Vice Chair since the last meeting had been circulated to all members.

 

The Chair drew attention to the fact that this Saturday marked National Armed Forces Day, and outlined a number of things happening today to mark this occasion, one of which was a raffle.  The prize for the raffle was a beautifully hand-carved rocking horse kindly made and donated by David Richardson, an Armed Forces Veteran, who had learned to carve as a result of the courses held in Catterick Camp by Help for Heroes.  All the money raised, at David’s request would go to Jigsaw – Cumbria Children’s Hospice. 

 

The Leader of the Council made an announcement about the LGA Peer Review which had taken place at the beginning of July.  The LGA Review Team had been cross party, and had included officers from other local authorities across the country. The Leader thanked all members and officers that had taken part in the review and looked forward to the outcome being published in the near future. 

 

The Cabinet Member for Environment made an announcement in which she stated how proud she was to be the Cabinet Member with responsibility for the Armed Forces Portfolio.  She informed Council about the work that took place behind the scenes to support members of the armed forces, veterans, and their families across the county.  The Cabinet Member commented that none of this work would be possible without the hard work, and dedication of the Council’s dedicated Armed Forces Champions, and she took the opportunity to acknowledge and thank the member Champions for all their hard work and commitment.

 

The Cabinet Member then detailed the special events happening in support of the National Armed forces day including:-

 

·           The re?signing of the armed forces covenant, which showed the County Council’s very clear commitment to the county’s ex?armed forces personnel, and

·           A very special lunchtime event with some of the Council employees.

 

The Cabinet Member for Public Health and Community Services made an announcement about the Health and Wellbeing Coaches, in which she congratulated the council’s team of Health and Wellbeing Coaches, who earlier this week were announced as the regional winners in the Health Equalities Award category in this year’s NHS Parliamentary Awards.

 

Following on from this success, the team would now form the shortlist for the national awards.  The winners would be formally announced on the 10 July, and the Cabinet Member said that to have this recognised on a national scale was fantastic news.

 

She thanked the Director of Public Health and all of the team for their commitment to making this work, and then paid tribute to the late Cllr Ian Stewart, who championed the HAWCs from the very start and had the vision and passion to take this forward.

 

The Cabinet Member for Schools and Learning made an announcement about the launch of the County Council’s latest apprenticeship recruitment campaign.

 

From today, a wide  ...  view the full minutes text for item 28.

29.

Minutes of the Cabinet pdf icon PDF 237 KB

The minutes of the meetings of the Cabinet held on 6 June 2019 are enclosed (copy attached)

 

The Leader will ask members if they have any questions on the minutes taking each page in turn. Members should state clearly the minute number of the item concerned.

 

Minutes:

The Leader presented the minutes of the Cabinet meeting held on 6 June 2019.

 

On Minute No 12 – Statements by the Leader and Cabinet Members, Mr B Shirley asked the Cabinet Member for Schools and Learning whether she accepted responsibility for what was described in the report as “significant areas of weakness” in Cumbria’s SEND provision.  He asked the Cabinet Member what she intended to do about the significant areas of weakness highlighted.

 

The Cabinet Member responded to say that the outcome of the inspection was that the Local Area now had to produce a Written Statement of Action (WSOA). Following the initial inspection feedback, the SEND partnership group and key accountable officers met to develop an approach to preparing the WSOA, which was due for submission on 21 August.

 

She said that the County Council was working closely with the DfE advisor for Cumbria on the draft WSOA, and that this work had started immediately following the inspection.  The statement of action would demonstrate Cumbria’s plan for addressing the weaknesses identified during the inspection.

 

The Cabinet Member informed members that the SEND Partnership Improvement Board would be reconstituted, and would take responsibility, under an independent chair, for the strategic leadership of the improvement journey for SEND. The board would oversee the improvement activity of 6 new subgroups, focusing on a priority area, comprising the 9 identified areas of weakness.

 

She then asked Council to note that although schools in Cumbria had the highest numbers of children with special education needs, the exam results were still good.  However, wider provision and greater flexibility of funding was needed to address many of the issues associated with SEND.

 

The Leader of the Opposition referred to Minute No 14 (b) – Response to the Referral from Eden Local Committee, and the resolution which stated that Cabinet would work with him to lobby Government for additional highways funding for Cumbria.  Mr Airey stated that he had not had any contact from Cabinet about this.

 

The Leader of the Council thanked Mr Airey for his offer of support, and would speak to him outside of the meeting about taking this forward.

 

Also with reference to  Minute No 14 (b) Mr Hughes asked whether the Cabinet Member for Highways and Transport felt that the Government should be backing much needed infrastructure development of railways, specifically those rail schemes to restore rail links on the west coast of Cumbria and also on the North East Coast.

 

The Cabinet Member said the County Council continued to work closely with Government on this.

 

Mr Ellis asked the Leader of the Council to share the news about the 4% increase in pupil funding at primary school level, as indicated in the Schools Outturn Appendix .

 

The Leader reminded members that although the overall funding had a net increase of 4%, the pupil numbers had risen by more than 4%, which in effect meant no increase in income.

 

On Minute No 15 – 2018/19 Revenue and Capital Budget Monitoring  ...  view the full minutes text for item 29.

30.

2018/19 REVENUE AND CAPITAL BUDGET MONITORING REPORT - SUMMARY OF YEAR END POSITION AND 2019/20 CAPITAL BUDGET UPDATE pdf icon PDF 256 KB

To consider a report from the Deputy Leader and Cabinet Member for Finance (copy enclosed)

 

Additional documents:

Minutes:

The Deputy Leader presented a report which set out the provisional year-end results (Outturn) against the Council’s revenue and capital budgets for the 2018/19 financial year.

 

On the 6 June 2019 Cabinet received the ‘2018/19 Revenue and Capital Budget – Provisional Year End Results’ report and approved the recommendations. Any further changes required to the provisional outturn necessary to comply with statutory accounting requirements would be reported to Council in September, if required.

 

The revised total net expenditure budget 2018/19 for the Council was £389.814m as at the 31 March 2019. The provisional outturn position as at 31 March 2019 was a balanced position.  Although there were some significant pressures on Directorate budgets which had been reported throughout the year,  these had been offset with Corporate Budget underspends.

 

In relation to the Capital Programme, overall there was a variance against the Council’s capital budget in 2018/19 of £12.771m; the £132.734m spend compared to the £145.505m capital budget.  This variance was made up of slippage (£15.285m), accelerated spend £2.616m and an underspend of (£0.102m). Council, when agreeing the Capital budget for 2019/20 in February 2019, assumed that slippage and accelerated spend on approved schemes would be automatically carried forward to 2019/20.  The figures presented in this report reflected that assumption.

 

The Deputy Leader took Council through the report and highlighted the key messages.

 

Dr Haraldsen commented that he felt it would have been more helpful for all members to have the same level of detail included in the Council report as Cabinet had when it considered the budget report.  The Deputy Leader noted these comments.

 

Mr Dew had concerns about the re-profiling of the Capital Programme, especially in light of the earlier concern raised in relation to SEND.

 

The Deputy Leader assured members that the funding was not being taken out of the budget, but was being deferred to a future year, to enable projects to come forward at the appropriate time.

 

RESOLVED,     that Council agrees to the reprofiling of £12.745m from the 2018/19 Capital Programme into future years.

 

 

31.

TREASURY MANAGEMENT ANNUAL REPORT 2018/19 pdf icon PDF 499 KB

To consider a report from the Deputy Leader of the Council and Cabinet Member for Finance (copy enclosed)

 

Minutes:

The Deputy Leader presented a report which detailed treasury management activities during 2018/19, in accordance with best practice recommended in the CIPFA Code of Practice on Treasury Management in Local Authorities.

 

He then highlighted performance during the year and provided a record of activities undertaken to demonstrate that officers had properly fulfilled their responsibilities, as laid down in the Annual Strategy 2018/19 agreed by Full Council in February 2018.

 

RESOLVED,     that Council

(1)      Note the annual treasury management report for 2018/19; and

 

(2)      Note the year-end position for the Prudential Indicators 2018/19 and full compliance with the Council’s treasury management policies and practices during the year.

32.

APPOINTMENT OF INDEPENDENT REMUNERATION PANEL pdf icon PDF 132 KB

To consider a report from the Leader of the Council (copy enclosed)

 

Additional documents:

Minutes:

The Leader of the County Council presented a report which asked Council to consider appointments to the Independent Remuneration Panel.

 

The Council was required, under the Local Authorities (Members Allowances) (England) Regulations 2003 to have regard to the report of an Independent Remuneration Panel before making its annual Scheme for Members Allowances and expenses.

 

Members noted that the Independent Remuneration Panel would carry out its review during the period July to October 2019, with a view to reporting to Council with recommendations for the Members Allowances Scheme 2020-2021 in November 2019.

 

Members had concerns about the lack of a gender mix and sought assurances that the Council had tried to encourage applications from women to this Panel.

 

The Leader reassured Council had efforts had been made to encourage applications from women, but sadly none had come forward.

 

Dr Haraldsen commented that it was proving more difficult to attract members of the public to apply to groups of this type.  He was aware that there had been a growing number of calls on the Secretary of State to look at this to see if a national scheme could be agreed. 

 

Although some members had concerns about the effect a national scheme for expenses may have on a rural county such as Cumbria, where there was a large time element associated with getting around the county to meetings, there was support for discussing this further to see if joint lobbying could be undertaken to Government on this.

 

RESOLVED,     that members appoint Mr J Coughlin, Mr L Hanley and Mr J Nicol to form an Independent Remuneration Panel from 27 June 2019 to 30 April 2023.

 

33.

APPOINTMENTS TO COMMITTEES - CUMBRIA POLICE & CRIME PANEL pdf icon PDF 180 KB

To consider a report from the Leader of the Council (copy enclosed)

 

Minutes:

The Leader of the Council presented a report which recommended that members be appointed to the Police and Crime Panel for 2019 in line with the procedure agreed between the County Council and District Councils.

 

Cumbria Police and Crime Panel (PCP) was a statutory scrutiny body which was a joint committee between the County Council and the six District Councils.  The statutory membership of the panel was 10 councillor members and 2 co-opted members independent of the Councils.  The Cumbria local authorities had agreed that the councillor membership would reflect the political balance of the County as far as possible.

 

Members noted that the PCP’s arrangements indicated that where possible an Authority would give consideration to continuity of membership to enable the Panel’s expertise and skills to be developed for the effective scrutiny of the Police and Crime Commissioner.      

 

RESOLVED,     that Mr W McEwan, Miss H Fearon, Mr M Johnson, and Mr R Bingham be appointed as members of the Council to the Police and Crime Panel.

 

34.

PUBLIC HEALTH ANNUAL REPORT pdf icon PDF 147 KB

To consider a report and receive a presentation from the Director of Public Health (copy enclosed)

 

Additional documents:

Minutes:

Members of the Council received a presentation from the Director of Public Health on Adverse Childhood Experiences.  The presentation covered the following:-

 

·      What are Adverse Childhood Experiences (ACE)

·      Why are they important

·      National Context

·      A framework for tackling ACEs

·      What is happening locally

·      Inequalities

·      Health effects

·      Social effects

·      Service Impact

 

Once the Director of Public Health finished his presentation the Cabinet Member for Public Health and Community Services moved the report.

 

Members found the presentation extremely interesting and thanked the Director.  During presentation of the ‘prevent’ recommendations members were surprised that no reference had been included to show how families could help to support this.  Parents had a responsibility to try to ensure families stayed together.

 

The Director acknowledged that the County Council needed to support families to try to stay together, but that it was often a delicate balance, as many families had a number of complexities which would prevent this happening.

 

Members asked about how they could access training to help them better understand the issues of ACE.  The Director replied to say that a training programme was currently being produced.

 

Members commented that Children Looked After and Care Leavers need the support and help of members as corporate parents.  They also felt that Foster Carers should be used to support these adverse childhood experiences.

 

Members said that one of the areas which needed to be strengthened to ensure children were not exposed to ACE, was Early Help.  This would be a crucial part of this process, especially in relation to signposting.

 

The Director informed members that the Early Help and 0-19 Services were currently being redesigned to help the County Council to tackle the ‘prevent’ agenda.

 

The Director of Public Health said that resolving the issues of ACE would require a great deal of partnership working with a wide range of organisations.

 

 

The meeting then broke for lunch at 12.25 and reconvened at 1.15pm

 

35.

2018/19 ANNUAL REPORT OF THE CUMBRIA FIRE LOCAL PENSION BOARD pdf icon PDF 255 KB

To consider a report from the Cabinet Member for Customers, Transformation and Fire and Rescue (copy enclosed)

 

 

Additional documents:

Minutes:

The Cabinet Member for Customers, Transformation and Fire and Rescue presented the Annual Report of the Cumbria Fire Local Pension Board 2018/19.

RESOLVED that the report be received and noted.

 

36.

SCRUTINY UPDATE REPORT pdf icon PDF 94 KB

To consider a report from the Chair of Scrutiny Management Board (copy enclosed)

 

 

Additional documents:

Minutes:

The Chair of Scrutiny Management Board presented a report which updated Council on the work of Scrutiny and any issues and developments that had occurred since the last meeting of Council.  

 

RESOLVED,     that members note the work programme and recent activity undertaken by Scrutiny.

 

37.

Questions

To consider questions from Members, in accordance with Council Procedure Rule No 11.2 to 11.5 to the Leader, a Member of the Executive or the Chair of any Committee.

Minutes:

Mr Bingham asked the Cabinet Member for Highways and Transport what progress, if any, had been made to clarify the procedure for speedily installing diversion and road closure signs when a County Highway could not be used.  His concerns had previously been raised, and at a special meeting it was suggested that local councillors would be informed of the revised procedures. Mr Bingham informed the Cabinet Member that to date he had not received any specific information.

 

Mr Bingham also raised an additional issue with signage during the recent closure of A65 due to a burst water main at Kirkby  Lonsdale.  During this period only one road closed sign was set up at Junction 36b, which was 8 miles from the bridge, and none on the A65 to the east until a quarter of a mile from the bridge itself. He did not feel this was adequate.

 

The Cabinet Member responded to say that the Acting Executive Director – Economy and Highways had met recently with senior officials at the Canal Trust about this.  His view was that the County Council should be responsible for undertaking all road closures. 

 

The Cabinet Member AGREED to respond directly to the local member on this.

 

Mr Collins thanked the Cabinet Member for Highways and Transport for the work the County Council had carried out for the new bridge at Burneside.  He asked the Cabinet Member whether there was any intention to repair the other 3 damaged bridges in his area, 2 of which were damaged as a result of Storm Desmond.

 

The Cabinet Member responded to say the County Council was still planning to carry out additional repairs to bridges, however, as this was the last year of IRP funding, he would investigate and respond to Mr Collins .

 

Mr Morgan asked the Cabinet Member for Schools and Learning, following the recent announcement on the Western Excellence in Leading and Learning (WELL) Programme, whether she could update members on this.

 

The Cabinet Member responded to say that this project was being run with £1.7m of funding from Sellafield Ltd and the support of the whole education system.  The Western Excellence in Learning and Leadership (WELL) project was a unique opportunity for Cumbria, and was focused on three key areas: raising standards through evidence based research approaches; supporting disadvantaged pupils to achieve; and improving pupil mental health and wellbeing.

These three areas were significant challenges across west Cumbria where average pupil attainment for disadvantaged pupils was consistently below the national average, the number of disadvantaged pupils consistently above, and emotional health and well-being needs more common than other parts of the county.  

Mrs E Mallinson asked the Cabinet Member for Economic Development about the proposals for the disabled parking bays at County Offices.  Given the Council’s commitment to promote accessibility, why was the number of disabled parking bays being reduced to just two.  This reduction would have a significant impact both on members of the public visiting the building and on many County Council  ...  view the full minutes text for item 37.

38.

Minutes of Committees

To receive reports from Committees of the Council and receive questions and answers in accordance with Council Procedure Rules 11.1 to 11.5.

39a

Cumbria Pensions Committee pdf icon PDF 321 KB

To receive the minutes of a meeting of the Cumbria Pensions Committee held on 7 March 2019 (copy enclosed)

 

Minutes:

The Chair of Cumbria Pension Committee presented the minutes of the meeting held on 7 March 2019.

 

RESOLVED,     that the minutes of the Cumbria Pensions Committee meeting held on 7 March 2019 be received and noted.

 

39b

Audit and Assurance Committee pdf icon PDF 236 KB

To receive the minutes of a meeting of the Audit and Assurance Committee held on 14 March 2019 (copy enclosed)

 

 

Minutes:

The Chair of the Audit and Assurance Committee presented the minutes of the meeting held on 14 March 2019.

 

RESOLVED,     that the minutes of the Audit and Assurance Committee meeting held on 14 March 2019 be received and noted.

 

39c

Workington Harbour Management Committee pdf icon PDF 186 KB

To receive the minutes of a meeting of the Workington Harbour Management Committee held on 23 April 2019 (copy enclosed)

 

Minutes:

The Cabinet Member for Highways and Transport presented the minutes of the Workington Harbour Management Committee meeting held on 23 April 2019.

 

RESOLVED,     that the minutes of the Workington Harbour Management Committee meeting held on 23 April 2019 be received and noted.

 

39d

Standards Committee pdf icon PDF 180 KB

To receive the minutes of a meeting of the Standards Committee held on 26 April 2019 (copy enclosed)

 

 

Minutes:

The Chair of the Standards Committee presented the minutes of the meeting held on 26 April 2019.

 

RESOLVED,     that the minutes of the Standards Committee meeting held on 26 April 2019 be received and noted.

 

40.

Notice of Motions

To consider notice of motions for up to a specified period of one hour.

Minutes:

There were no notices of motion on this occasion.

 

41.

Speeches

To hear speeches (not exceeding five minutes each) for up to a specified period of 30 minutes, from individual members, of which at least 24 hours’ notice has been given to the Executive Director – Corporate, Customer and Community Services.

 

Mrs E Mallinson wishes to make a speech on the use of fluoridation in our drinking water.

 

Minutes:

Mrs Mallinson gave a speech on Fluoridation of water in west Cumbria in which she highlighted the dangers associated with fluoride, which is an artificial toxic poisonous industrial waste, used in rat poisons and insecticides.

 

She detailed the effects of the substance on those with health problems, especially those affected by thyroid problems and impaired kidney functions.

 

Mrs Mallinson then referenced the use of fluoride as a medicine to help fight the effects of tooth decay, which was not proven to be successful, as the substance could actually cause browning of the teeth in some cases.  She felt that this was taking away the choice of individuals, and was in effect the equivalent of supplying a medical product without a licence, which was one of the main reasons why Scotland had withdrawn the use of fluoride from its drinking water.

 

Mrs Mallinson also highlighted her concerns about the effect of the use of fluoride on unborn children, as her research had indicated that fluoride is able to cross the placenta and could affect a developing child. 

 

She implored Cumbria County Council to look at this again, and stop the use of fluoride in drinking water.

 

Mr Whiteside then gave a speech on the A595, in which he stressed that the council needed to continue to focus on the issues with the A595.  Members representing the West of the county were well aware that the A595 was the only major road running through large parts of the West of the county and the only major road route providing access to one of the largest employers in the county, e.g. the Sellafield nuclear site.

 

The lack of capacity to meet both current and future demand had a major impact on the quality of life of residents of practically every town or settlement on the west coast as traffic diverted through unsuitable roads, and was also a major brake on the economic development of West Cumbria.

 

A couple of weeks ago councillors Morgan, Turner and myself met Highways England to discuss some of the issues. 

 

Mr Whiteside then flagged that local members were particularly concerned to ensure that action was taken to deal with the Moresby Viaduct section in a timely and properly planned way.

 

Following this Mr Clark gave a speech on the North Air Ambulance about the Pride of Cumbria and what it meant to him.

 

Seven years ago on the seventh day of the seventh month he was enjoying the second part of a sunny charity triathlon in the Lake District.  On his bike he accelerated up the road with stunning views over Thirlmere lake, with his head down when a small stick caught in my wheel and stopped me dead.

 

He went straight over the handlebars with little time to react, and landed on his head but was fortunate to be wearing a helmet. The force of the impact went down the right side of his neck leaving him with a high level spinal injury with little movement below  ...  view the full minutes text for item 41.