Access Keys:
Venue: Council Chamber - County Offices, Kendal, LA9 4RQ. View directions
Contact: Michael Turner
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declarations of interest To disclose any personal or personal and prejudicial interests relating to any item on the agenda.
Members are asked to refer to the Assistant Director – Legal and Democratic Services for advice in relation to the declaration of interests at meetings of the full Council. A complete list of declarations notified to the Assistant Director by 5.00 pm on Monday 18 June 2012 will be circulated at the meeting. If any member wishes to correct or add to the circulated list, guidance on what constitutes a personal or a personal and prejudicial interest is set out below.
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 the Legal and Democratic Services Unit. Members are requested to seek advice, wherever possible, before the meeting starts.
Minutes: Declarations of interest were received as follows:
The table attached as Appendix 1 to these minutes gives details of interest declared in advance of the meeting by members. The table was circulated to all members at the meeting, to all members of the press and was displayed outside the Council Chamber and in the Public Gallery.
The Assistant Director – Legal and Democratic Services advised members that, in relation to the petition to be considered under public participation (see minute no 27) no planning application had yet been submitted and therefore it was possible for the petition to be debated at the meeting. Members of the Development Control and Regulation Committee (DC&R) were able to participate in the debate but should not form a fixed view on the merits or otherwise of the Roosecote planning application, and in particular should not say anything when the petition was debated in Full Council that could be taken to indicate that they had formed a fixed view. Members of DC&R did not have to withdraw from the Chamber when the matter was discussed but could choose to do so.
Further declarations were made as follows:
Mrs Mallinson declared a personal interest in agenda item 21 (Questions in relation to the Police Authority) as her husband was a member of the Authority. Mrs Heath declared a personal interest in the same item as a member of the Police Authority.
Mr Guselli disclosed a personal interest in agenda item no 5 (Public Participation) and also agenda item no 7 (Cabinet Minute 235 - Planning Performance Agreements for Nationally Significant Infrastructure Projects) on the grounds that he was opposed to the proposed development of a Biomass Power Station at Roosecote,
Mr Pearson disclosed a personal interest in agenda item no 7 (Cabinet Minute 18 - Cumbria Advocacy Service - Award of Contract) as he was employed as an advocate.
Mr Richardson disclosed a personal and prejudicial interest in agenda item no 13 (Treasury Management Outturn 2011/12) as a Lloyds TSB equity holder.
Mr Thornton, Mr Bland and Mr Mallinson all disclosed a personal interest in agenda item 16 (Establishment of a Police and Crime Panel) as members of the Police Authority.
See minute no 32 for a later disclosure. |
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To confirm as a correct record the minutes of the annual meeting of the Council held on 19 April 2012 (copy enclosed). Minutes: RESOLVED, that the minutes of the Annual meeting of the Council held on 19 April 2012 be confirmed as a correct record and signed by the Chair. |
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exclusion of press and public To consider whether there are any items on the agenda for which the press and public should be excluded. Minutes: There were no items for which the press and public should be excluded. |
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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.
To debate a petition containing 7,627 signatures objecting to the proposed development of Roosecote Power Station from gas/oil to Biomass.
Minutes: A petition containing 7,627 signatures objecting to the proposed development of Roosecote Power Station from gas/oil to Biomass had been received. Under the Council’s Petitions Scheme this must be debated at full Council. A letter to a County Councillor from Mr Sajjad Karim MEP dated 20 June 2012 opposing the proposal and also a briefing from Centrica (previously circulated by them to all Councillors) were tabled at the meeting. Mr Kendall, the petition organiser, presented the petition and addressed members. Mr Kendall stated that since the petition had been submitted to the Council it now contained around 12000 signatures. He commented that there was significant local opposition to the proposal and he hoped that the Council would also add its opposition. Mr Knowles responded that it was likely that an application for a Development Consent Order (DCO) would be submitted to the National Infrastructure Directorate (NID) at the end of June 2012. The NID was the Examining Authority for Nationally Significant Infrastructure Projects, with the Secretary of State for Communities and Local Government giving the final decision on such proposals. The County Council was therefore a consultee on this particular proposal along with Barrow Borough Council. It was likely that a formal Examination of the application will take place by the NID, and Local Authorities and the local community would be invited to give their views on the proposal. The County Council would submit a Local Impact Report (LIR) to the Secretary of State setting out the Council’s view on the impact of the development upon the area. It was currently timetabled that a LIR prepared jointly with Barrow BC would go for approval to the DC&R on the 29th August and then to Cabinet. It would also help to inform Cabinet’s discussion on 13 September when deciding whether to express a view to the Secretary of State on whether the application should be granted. Mr Knowles continued that the key issues that would be of concern to both Local Authorities, which would be covered in the LIR were likely to be: landscape and visual effects, ecology, air quality & odour, land quality, archaeology, traffic and transport, noise & vibration, waster generation, socio and economic effects.
The Council had also been involved in negotiating a Planning Performance Agreement (PPA) with Centrica RPS, which was intended to assist the County Council and Barrow BC with procedural arrangements to ensure timely consultation, scrutiny, review and comment during the DCO application process. To date, no PPA had yet been signed with Centrica RPS in this case.
Despite detailed County Council and Barrow BC Officer advice and guidance to Centrica RPS on how best to carry out the community consultation, anecdotal evidence from local residents and Local Members suggested that there had been shortcomings during the consultation process.
Whilst Mr Knowles acknowledged receipt of the petition, at this stage, a formal view on the socio, economic and environmental effects of the development upon the local area could not be formed. However, local people would ... view the full minutes text for item 27. |
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announcements and communications To receive any announcements from the Chair, Leader, Members of the Cabinet or the Chief Executive. Minutes: The Chairman reported with great sadness the death on 27 April of former County Councillor Bryan Metz. Mr Metz had served on the County Council from 1989 until 1997 representing the Alston Electoral Division.
Members observed one minute’s silence in memory of Mr Metz.
The Chairman welcomed John McCreesh and Jim Lister to their first Council meeting. Mr McCreesh had been elected on 3 May as County Councillor for the Kendal Strickland and Fell Electoral Division and Mr Lister on 24 May as County Councillor for the Aspatria and Wharrels Electoral Division. The Chairman congratulated to the following residents of the County who had been honoured in the Queen’s Birthday Honours list:
Thomas Anthony Cunningham (Cumbria) For public and political services
MEMBERS OF THE ORDER OF THE BRITISH EMPIRE (MBE)
John Fox (Ulverston, Cumbria) For services to the Arts
Teresa Josephine Hart (Carlisle, Cumbria) For services to the Community in Carlisle
Heike Horsburgh (Keswick, Cumbria) For services to young people
Robert Lowther Johnston (Carlisle, Cumbria) For services to Business in Cumbria
William Frederick Rawling (Egremont, Cumbria) For services to Agriculture and Hill Farming in Cumbria and Yorkshire and to the local community
Frederick Tyson Wayles (Cumbria) For services to the community in Kirkby-in-Furness
Jack Stopforth (Watermillock) For services to regeneration
MEDALLIST OF THE ORDER OF THE BRITISH EMPIRE (BEM)
Paul William Edmondson (Kendal, Cumbria) For services to the community in Kendal
Thomas Antony Liddle (Milnthorpe, Cumbria) For services to the community in Milnthorpe
Milly Kate Pyne (Ulverston, Cumbria) Fundraiser, for services to charity
Alice Olivia Pyne (Ulverston, Cumbria) Fundraiser, for services to charity
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minutes of the executive The minutes of the meetings of the Executive held on 12 April and 10 May 2012 are enclosed.
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. Additional documents: Minutes: The Leader of the Council moved the receipt of the minutes of the meetings of the Executive held on 12 April and 10 May 2012.
In response to a question about the cost of implementing single status the Deputy Leader replied that approximately an additional £10m had been set aside for this. It was estimated that around £9.5m of this would be used.
RESOLVED, that the minutes of the meetings of the Executive held on 12 April and 10 May 2012 be received.
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Scrutiny Management Board To consider a report by the Chair of the Scrutiny Management Board (copy enclosed). Additional documents:
Minutes: Members considered a paper on the scrutiny work programme and issues and developments regarding Scrutiny that had occurred since the last meeting of Full Council.
A member referred to the School Financing Task and Finish Group and commented that the Group had experienced some difficulty in finalising their recommendations as information from officers was different from what schools were saying. . Another member referred to the recent Ofsted Inspection report following the inspection of safeguarding and looked after children services which found that there was over reliance on senior officer input and insufficient formal checks and balances were in place to assist elected members to test out information received from officers. The Chair of the Board was asked if training would be provided to scrutiny members so that they could effectively challenge officers when necessary. He replied that this issue would be looked at with the Member Development Officer.
Regarding whether it would be more appropriate if all the scrutiny performance lead members should be vice-chairs of Scrutiny Advisory Boards, the Chair of SMB replied that the leads were mostly vice-chairs. He invited the Advisory Boards to reconsider this where the lead was not the vice-chair but felt it was ultimately a matter for the Advisory Boards to decide.
A member asked when the new opening times for the Household Waste Recycling Centres would be published. A written answer would be circulated to all members on this.
RESOLVED, that
(1) the progress of the Scrutiny Work Programme and the work taken place in Scrutiny since the last Full Council meeting be noted and
(2) the Scrutiny Annual report outlining the work of Scrutiny over the past year be noted.
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Questions To consider questions from Members, in accordance with Council Procedure Rule No 11.2, to the Leader, a Member of the Executive or the Chair of any Committee. Minutes: In response to a question from Mr G Roberts, the Leader confirmed that arrangements were already in hand for him to visit Whitehaven School.
Mr Thornton asked what the total energy cost was on street lighting; what the savings would be if the Council moved to L.E.D. lights and the cost of changing to the latter. Mr Markley replied that the Council spent £1.17m last year on street lighting. The potential savings of moving to LED lighting was being evaluated and later in the summer the Council would decide on the way forward.
Mrs Bell asked for an update on the new on street parking enforcement arrangements and when members would be told of the details for their area. Mr Markley promised a written response on this.
Mr Hamezeian asked if the Health Scrutiny Committee would be looking at the removal of vascular services from Barrow to Carlisle. Mr Wearing stated that, as this also affected Lancashire, a meeting of the Joint Scrutiny Committee would be convened to look at this. NB Mr Little disclosed a personal and prejudicial interest when this question was asked and left the Chamber during the discussion of it.
Mr Stewart asked if there were any plans for the new Cumbria Card to be purchased by the Council for its staff. Mr Martin replied that he would ask the Chief Executive to investigate the possibility of the Card being made available to staff as a reward.
Mr Mallinson asked if the Boundary Commission were due to visit the Council. The Leader replied that they were no longer visiting Cumbria but a delegation from the Council would be visiting the Commission on 19 July.
Mr Bingham asked to what extent did the Council provide deaf sign language services across the authority. Mr Airey promised a written reply.
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Annual Report on the Council Plan To consider a report by the Leader of the Council and the Chief Executive (copy enclosed). Additional documents: Minutes: Members considered a report which set out the progress made in the delivery of priorities and aspirations in the Council Plan 2011-14 in the year to March 2012, and reaffirmed activities required in 2012-14 to deliver existing Council Plan priorities and aspirations.
The Leader moved the recommendations in the report, seconded by the Deputy Leader.
Several members spoke in support of the Plan, particularly regarding the commitments to reduce poverty levels. Other members criticised the Plan as being somewhat formulaic and lacking meaningful detail in places.
The motion to note the Plan was put to the vote and this was approved by a substantial majority.
RESOLVED, that the 2011/12 Annual Report on the delivery of the Council Plan 2011-2014 be noted.
The Council adjourned for lunch from 12.40pm until 1.30pm |
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Youth Justice Strategic Plan To consider a report by the Cabinet Members for Children’s Services and the Corporate Director – Children’s Services (copy enclosed). Additional documents:
Minutes: Members considered a report on the planning requirements for the Youth Offending Service (YOS) and which also sought their approval for the Strategic Plan which will then be submitted to the Youth Justice Board.
RESOLVED, that the submission of the Strategic Plan to the National Youth Justice Board as required for September 2012 be approved. |
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New Standards Regime To consider a report by the Corporate Director – Resources (copy enclosed). Additional documents:
Minutes: Members considered a report on the Localism Act 2011 which made fundamental changes to the system of regulation of standards of conduct for elected and co-opted members. The date for implementation of these changes was originally 1 April 2012. However, the government had indicated that, with the exception of the abolition of Standards for England which happened on 31 March 2012, the rest of the changes would be implemented from the 1 July 2012.
It was noted that Council in September would be asked to consider what non-pecuniary interests should be included in the Code. The Group Leaders would seek views from their members on this.
RESOLVED, that:
(1) a Standards Committee be established consisting of seven members, consisting of five County Councillors and two Coopted members (ie the two Independent Persons acting as Chair and Vice-Chair respectively) to take effect from 1 July 2012 with the terms of reference as set out in Appendix 1 to the report
(2) County Councillors be appointed to the Standards Committee in accordance with the political proportionality rules consisting of two Labour, two Conservative and one Liberal Democrat Member.
(3) the draft Code of Conduct attached at Appendix 2 to the report be adopted and the Monitoring Officer be given delegated responsibility to make amendments in accordance with legislation.
(4) the Investigation Protocol attached at Appendix 3 to the report be approved
(5) Mr Roy Worsley be appointed as the main Independent Person from 1 July 2012 until July 2013 and a second, reserve Independent Person be recruited as soon as possible
(6) a recommendation from the Independent Remuneration Panel that the main Independent Person is paid a Special Responsibility Allowance of £1000 pa and the reserve £500 pa be agreed
(7) Council Procedure Rules (applicable to all meetings) be amended to include a requirement that a member must withdraw from the meeting room, including the public gallery, during the whole consideration of any item of business in which the member has a Disclosable Pecuniary Interest, except where the member is permitted to remain as a result of the grant of a dispensation and the draft Standing Order attached at Appendix 4 to the report be approved.
(8) Part 11 C of the Constitution be amended to give the Monitoring Officer delegated authority to grant dispensations to members or co-opted member to allow them, where they have a disclosable pecuniary interest (DPI) in a matter to be considered at a meeting, to
(a) participate, in any discussion of the matter at the meeting,
Or
(b) participate in any vote, or further vote, taken on the matter at the meeting, on the following grounds
• That so many members of the decision-making body have DPIs that it would impede the transaction of business • That, without the dispensation, the representation of different political groups on the body transacting the business would be so upset as to alter the likely outcome of the vote • That without a dispensation, no member of Cabinet would ... view the full minutes text for item 34. |
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Treasury Management Outturn 2011/12 To consider a report by the Deputy Leader and the Corporate Director – Resources (to follow pending Cabinet decision) Minutes: Members considered a report which detailed treasury management activities during 2011/12, in accordance with best practice recommended in the CIPFA Code of Practice on Treasury Management in Local Authorities. The reported highlighted performance in year and provided a record of activities undertaken to demonstrate that officers had properly fulfilled their responsibilities, as laid down in the Annual Strategy.
RESOLVED, that
(1) the annual treasury management report for 2011/12 be noted
(2) the outturn position for the Prudential Indicators and full compliance with the CIPFA Code of Conduct be noted |
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Provisional Year End Results - 2011/12 (Capital and Revenue Budget ) To consider a report by the Deputy Leader and the Corporate Director – Resources (to follow pending Cabinet decision)
Additional documents:
Minutes: Members considered a report which set out the provisional outturn against the Council’s revenue and capital budgets for the 2011/12 financial year. 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.
In response to a question about funds for early intervention, the Deputy Leader confirmed this was still a priority for the Council and resources would be diverted for this in the future.
RESOLVED, that
(1) the provisional revenue outturn net underspend and resultant increase in General Fund Balance of £0.889m be noted
(2) that £0.964m of the Local Committees non-highways budget is unspent at year end (excluding Local Revenue Schemes) and that Local Committee highways budgets are £0.334m overspent: resulting in a net underspend of £0.630m (as set out in Paragraph 1.9 of the report) be noted
(3) the carry forward of the net underspending of £0.630m referred to in (2) to be available to Local Committees in 2012/13 and that the £0.334m overspend on highways budgets is a first call against Local Committee highways allocations in 2012/13 be approved
(4) the provisional 2011/12 Capital Programme outturn of £110.072m, which is a variance below budget of £61.191m comprising slippage of £59.136m and underspend of £2.055m (as set out in Paragraph 1.14 of the reprot) be noted
(5) the carry forward of Capital Programme slippage totalling £59.136m to 2012/13 be approved
(6) the carry forward of capital programme underspend of £1.250m on the Carlisle North Development Route (CNDR) to support ancillary works associated with the CNDR route (paragraph 1.15 of the report refers) be approved.
(7) the carry forward of £0.300m of the remaining capital programme underspend for re-modelling to support completion of the Walney School scheme. (Paragraph 1.15 of the report refers) be approved
(8) the increase in the 2011/12 Capital Programme for the following schemes that have increases greater than £250,000 (noting that the increases are all fully funded)be approved
· Nelson Thomlinson capital works funded by revenue from the School: £1.414m · Capital schemes on Voluntary Aided Schools (VA) fully funded from VA schools: £0.746m. · Additional Priority Right of Way (PROW) works funded by contribution towards flood recovery programme: £0.321m · Additional works funded by Flood recovery grant from Department for Transport: £1.201m · Additional contribution to Highways schemes: £0.762m.(Paragraph 4.19 of the report refers
(9) the following transfer of amounts greater than £250,000 between approved schemes within the Children’s Services allocation of the Capital Programme be approved
· Walney School – £1.6m funding vired from 14-19 SEN and School Access Initiative reflecting the integrated SEN facility within the main school. · Primary Capital Projects - £0.500m vired from the priority maintenance scheme to cover brought forward maintenance costs at Barrow Island School. (Paragraph 4.19 of the report refers).
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Capital Programme 2012/13 and the Prudential Indicators 2012/13 To consider a report by the Deputy Leader and the Corporate Director – Resources (to follow pending Cabinet decision)
Additional documents:
Minutes: The Council considered a report which sought members’ approval for the update of the Council's Capital Programme 2012/13 both since the Original Capital Programme and the consequential impact on the Prudential Indicators which were agreed by Council at its meeting in February 2012. The report brought together updates in respect of the Capital Programme Provisional Outturn 2011/12 (see minute no 37), school’s capital programme in relation to the Transforming Learning report presented to Cabinet on 15th March 2012 and Better Places for Work report presented to Cabinet on 10th May 2012.
The Deputy Leader moved the recommendations in the report and this was seconded by the Deputy Leader.
Mr Stewart then moved, duly seconded, that recommendation 3.1 (b) in the report be replaced with:
“Approve the inclusion of the Property Rationalisation and Investment Programme, with a maximum funding envelope of £8million, plus funding of £0.800m for the Document Storage project within the 2012/13 – 2014/15 capital programme. Further funding for the new-build in Carlisle is subject to production of a Final Business case to Council.”
The Deputy Leader spoke agant the amendment which he felt would delay the project. He assured members that Cabinet would not proceed unless it was confident the project was feasible.
The amendment was then put to the vote and with 7 members voting in favour and a substantial majority against it was declared lost.
The motion to agree the recommendations in the report was put to the vote. A substantial majority of member voted in favour, with 7 against and 2 abstentions.
RESOLVED, that
(1) the report and the amendments to the 2012/13 capital Programme be noted
(2) the inclusion of the Better Places for Work scheme costs of £16.764m and Document Storage project £0.800m plus financing within the 2012-13 – 2014-15 capital programme be approved
(3) the changes to the prudential indicators set out in paragraph 4.7 of the report following inclusion of the BP4W scheme be approved
(4) the virements as detailed in paragraph 4.9 of the report for transfers of funding across various projects into the Better Places for Work Project be approved
(5) the increase in the Children Services Capital Programme of £0.779m for 2012/13 utilising the additional Basic Needs capital grant received for 2012/13, notified in April 2012, as per paragraph 4.19 of the report, be approved.
(6) the inclusion of the Transforming Learning Schemes of £14.270m within the 2012-13 capital programme be approved
(7) the revised Capital Programme 2012/13 of £177.527m (detailed in Appendix B to the report) be approved. |
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Establishing a Police and Crime Panel To consider a report by the Corporate Director – Resources (copy enclosed). Additional documents:
Minutes: Following the Police Reform and Social Responsibility Act 2011 each police area in England (other than the metropolitan police district) was required to establish a Police and Crime Panel to publically scrutinise the new Police and Crime Commissioners. Members considered a report which outlined the role of Police and Crime Panels and the main considerations that arose in establishing a Panel for Cumbria. It raised a number of issues that would need to be addressed by the County Council as host authority and sought Full Council’s nomination for the County Council’s representative to serve on the Panel.
A member asked if clarification could be provided on the powers of the Police and Crime Panel to suspend the Police and Crime Commissioner. The Cabinet member stated that a written response would be provided.
RESOLVED, that
(1) the development and responsibilities of a Police and Crime Panel for Cumbria be noted
(2) the method of appointing Independent Members to the Panel as outlined in paragraph 4.22 of the report be endorsed
(3) Scrutiny Management Board be authorised to nominate the County Council Member representative to serve on the Police and Crime Panel for 2012-13 and annually thereafter.
(4) Scrutiny Management Board be authorised to nominate the additional two Member representatives to the Police and Crime Panel to ensure political balance.
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To consider a report by the Cabinet Member for Transport and the Environment and the Corporate Director – Resources (to follow). Minutes: Members considered a report regarding the Minerals and Waste Development Framework.
RESOLVED, that the Corporate Director-Resources inform the Planning Inspectorate that the Minerals and Waste Development Framework draft Site Allocations Policies and Proposals Map, which Council had approved for submission to the Secretary of State, are withdrawn |
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Reports from Committees etc |
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Audit and Assurance Committee To receive the minutes of the meeting of the Audit and Assurance Committee held on 19 April 2012 (copy enclosed). Minutes: Mrs Carrick moved the minutes of the meeting of the Audit and Assurance Committee held on 19 April.
RESOLVED, that the minutes of the meeting of the Audit and Assurance Committee held on 19 April 2012 be received.
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Corporate Parenting Panel To receive the minutes of the meeting of the Corporate Parenting Panel held on 5 March 2012 (copy enclosed).
Minutes: Mr Bell moved the minutes of the meeting of the Corporate Parenting Panel held on 5 March.
A member asked if the refurbishment of Overend Children's Home could be carried out as a matter of priority and which other properties were due to be refurbished. A written answer regarding the latter was promised.
RESOLVED, that the minutes of the meeting of the Corporate Parenting Panel held on 5 March 2012 be received.
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Constitution Review Group To consider a report from the Chair of the Constitution Review Group (copy enclosed). Additional documents:
Minutes: Mr Young moved the report of the Constitution Review Group.
RESOLVED, that the following changes to the Constitution be agreed
Key Decisions by Officers
(1) Remove the apparent exception from the definition of a key decision for Corporate Director decisions on Contracts by deleting this clause in Part 2 of the Constitution as set out below.
Key decisions
A key decision is significant in terms of expenditure or savings if it relates to a matter which exceeds £250,000 in value, except those decisions taken by:
1. the Corporate Director – Resources or Assistant Director - Finance under delegated authority in connection with Treasury Management;
2. the Corporate Director – Children’s Services or the Corporate Director – Adult and Local Services under delegated authority in relation to care plans for individual children and young people or adults;
3. Corporate Directors generally under delegated powers in relation to the submission of or acceptance of tenders.
(2) Amend the Access to Information Procedure Rules to add a new rule as follows:
24. Key Decisions by Corporate Directors
Reports intended to be Taken into Account
24.1 Where a Corporate Director receives a report which s/he intends to take into account in making a key decision, then s/he will not make the decision until at least five clear days after receipt of that report.
Provision of Copies of Reports to Scrutiny Committees
24.2 At the same time the Corporate Director receives a report he/she will also give a copy of it to the Chairman of every relevant Scrutiny Committee and the Leader of the Council and ensure it is make publicly available. If the Leader considers that the proposed decision should be taken by Cabinet and not the Corporate Director then the Leader will, before the 5 day period referred to in Rule 24.1 has expired, notify this in writing to the Corporate Director and the Assistant Director - Legal and Democratic Services Record of Individual Decisions
24.3 As soon as reasonably practicable after a key decision has been taken by a Corporate Director, s/he will prepare a record of the decision, a statement of the reasons for it and any alternative options considered and rejected and instruct the Assistant Director – Legal and Democratic Services to publish the record of the decision to all members for the purposes of call in. The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to the making of decisions by individual members of the Cabinet. This does not require the disclosure of confidential or exempt information as defined in Rule 10.
(3) Amend Rule 14.2 the Overview and Scrutiny Procedure Rules as follows:
When a decision is made by the Cabinet, or a Committee of the Cabinet, or a Local Committee, or under joint arrangements, or a key decision is made by an officer with delegated authority from the Cabinet, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of ... view the full minutes text for item 40c |
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Urgency Provisions The urgency provisions have not been used since the last meeting of the Council.
Minutes: The urgency provisions had not been used since the last meeting of the Council. |
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notices of motion
Mrs Bell will move that:
“This Council notes that this week is National Carers Week and recognises and celebrates the contribution made by unpaid carers to the people they care for and their communities.
Council praises the work done by the local carers’ organisations in ensuring that carers throughout Cumbria are supported in their vital role.
Council notes that local carers’ organisations have unique ties to their communities that are not easily replicated. These local ties bring considerable added value to their work through local fundraising and wider benefits to the local community.
Council recognises that the continuing existence of local carers’ organisations is vital to the health and wellbeing of carers of all ages.
Council therefore requests Cabinet to take this into account when they decide how to support carers organisations in the future.”
Minutes: Mrs Bell moved that:
“This Council notes that this week is National Carers Week and recognises and celebrates the contribution made by unpaid carers to the people they care for and their communities.
Council praises the work done by the local carers’ organisations in ensuring that carers throughout Cumbria are supported in their vital role.
Council notes that local carers’ organisations have unique ties to their communities that are not easily replicated. These local ties bring considerable added value to their work through local fundraising and wider benefits to the local community.
Council recognises that the continuing existence of local carers’ organisations is vital to the health and wellbeing of carers of all ages.
Council therefore requests Cabinet to take this into account when they decide how to support carers organisations in the future.”
Mr Airey moved that the last sentence of the Motion be replaced with: “Council notes that Cabinet is already taking this into account when they decide how to support carers organisations.”
The amendment was accepted and agreed unanimously.
RESOLVED, that the motion as amended above be agreed. |
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QUESTIONS IN RELATION TO THE POLICE AUTHORITY Questions, if any, of which notice has been given, relating to the discharge of the functions of the Cumbria Police Authority, to be put for answer by the representative of the Police Authority. Minutes: There were no questions. |
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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 Corporate Director – Resources. Minutes: There were no speeches. |
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