Agenda and minutes

Annual General Meeting, County Council
Thursday, 19th April, 2018 10.00 am

Venue: Council Chamber, County Offices, Kendal

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

Items
No. Item

94.

Roll Call of Members

Minutes:

Apologies were received from the following members:

 

Mr M Barbour, Mr B Berry, Mr A Bowness, Mr W Clark, Mr D Fairbairn, Mr D Gawne, Mr H Graham, Mr J Lister, Mr H McDevitt, Mr A McGuckin, Mr T Wentworth Waites and Mr R Worthington.

 

Mr J Bell, outgoing Chairman spoke about his year as Chairman, reporting on a number of highlights; memorable occasions such as attending Broughton Fair and advising on the dignitaries he had met including HRH The Prince of Wales. He commented on the bridges he had opened following the floods. He expressed his gratitude to officers, members and his wife for their support.

 

He referred to the 100 year anniversary of the RAF, expressing his pride in Cumbria’s contribution to the RAF. He invited Mr Markley to read out a poem ‘Hudson Bay’ by Tim Barker. Mr Markley reported that Gen 2 had commissioned a Hudson Bomber. The Leader asked Council if they would join him securing a Tornado recently taken out of service, for Cumbria.

 

The Group Leaders paid tribute to Mr Bell, thanking him for the excellent work he had undertaken, commenting that he had been a great ambassador for the County.

 

The Vice Chair presented Mr Bell with the Past Chairman Badge, a scrapbook detailing the engagements he had attended during his year in office and presented a bouquet of flowers to the Chairman’s wife.

95.

ELECTION OF CHAIRMAN

To elect a Chairman of the County Council for the ensuing municipal year

 

The Chairman to make a declaration of acceptance of office

Minutes:

The Chairman asked for nominations for the Office of Chair of the Council. Mr Airey moved, seconded by Mr Fisher that Mrs Mallinson be elected as Chairman for the ensuing year.

 

With only one nomination being received and with the agreement of the Council, it was

 

RESOLVED that  Mrs E Mallinson be elected as Chairman of the Council for the ensuing year

 

On being invested with the Badge of Office by the retiring Chairman and having signed the Declaration of Acceptance of Office, Mrs Mallinson took the Chair.

 

Mrs E Mallinson in the Chair.

 

After thanking the outgoing Chairman, Mrs Mallinson welcomed that there was a female Chairman in the year commemorating 100 years of the Suffragette movement. She commented on her intention to raise the profile of Children Looked After and Children with Special Educational Needs and advised that the charity she would be supporting was the Jigsaw Children’s Hospice. The Group Leaders congratulated Mrs Mallinson on her election.

 

 

 

96.

Election of Vice Chairman

To appoint a Vice Chairman of the County Council for the ensuing municipal year.

 

The Vice Chairman to make a declaration of acceptance of office

Minutes:

The Chairman sought nominations for the Office of Vice Chair of the County Council.

 

With Ms Earl proposing and Mr Watson seconding Mrs Bowditch as Vice Chair and there being no other nominations, it was

 

RESOLVED that Mrs Bowditch be appointed as Vice Chair of the County Council for the ensuing year

 

Mrs Bowditch signed the Declaration of Acceptance of Office and the Chairman then invested Mrs Bowditch with the Badge of Office.

97.

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 and Senior Manager for 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 Monitoring Officer by 5.00 pm on Monday 16 April 2018 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 Legal and Democratic Services.

 

Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

 

1          Details of any employment, office, trade, profession or vocation carried on for       profit or gain.

 

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

 

(a)       Under which goods or services are to be provided or works are to be           executed; and

 

            (b)       Which has not been fully discharged.

 

4          Details of any beneficial interest in land which is within the area of the authority. 

 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

 

6          Details of any tenancy where (to your knowledge)

 

            (a)       The landlord is the authority; and

 

            (b)       The tenant is a body in which you have a beneficial                                                   interest.

 

7          Details of any beneficial interest in securities of a body where

 

(a)       That body (to your knowledge) has a place of business or land in the         area of the authority; and

 

 

(b)       Either –

 

(i)      The total nominal value of the securities exceeds £25,000 or one       hundredth of the total issued share capital of that body; or

 

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

 

Note

 

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are  ...  view the full agenda text for item 97.

Minutes:

No Declarations of Interest were made.

98.

Minutes pdf icon PDF 171 KB

To confirm as a correct record the minutes of the meeting of the Council held on 15 February 2018.

Additional documents:

Minutes:

Subject to the following amendments:

 

Page 11 Minute 85, Nuclear Decommissioning Agenda to read Agency

 

Page 15, Minute 87, 3rd paragraph, 2nd line, bus regulation to read bus deregulation

 

It was

 

RESOLVED that the minutes of the meeting held on 15 February 2018 be approved as a correct record.

 

 

99.

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 on the Agenda for which it would be necessary ro exclude the press and public from the meeting.

100.

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 had been no requests to address the Council under the public participation scheme.

101.

Announcements and Communications

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

Minutes:

The Chairman appraised members of information and facts about Cumbrian winners at the Commonwealth Games. This included the names of medal winners and their sport and she also provided information about other Cumbrian sporting starts, including those involved in cricket and football. She noted that 66.1% of people in Cumbria were described as active, with the national average being 65.4%.

 

Cabinet Members

 

The Cabinet Member for Public Health and Community Services was pleased to report the reduction in teenage pregnancy rates in the county and thanked those involved in the work listening to the needs of young people.

 

On behalf of members, the Cabinet Member for Highways and Transport thanked staff who had worked tirelessly during the recent significant weather event known as ‘Beast from the East’. He thanked members for their consideration in working with officers during such challenging conditions. He referred to an officer of the Council who had recently retired, congratulating him on his outstanding work with the Community Rail Partnership. He informed members that he had recently attended a media session relating to Carlisle Lakes Airport.

102.

chair and vice chair of the scrutiny management board

To elect a Chair and Vice Chair of the Scrutiny Management Board.

Minutes:

RESOLVED that Mr W Wearing and Mr M Wilson be elected Chair and Vice Chair respectively of the Scrutiny Management Board for the ensuing year.

103.

CONSTITUTION OF STANDING COMMITTEES, ETC pdf icon PDF 135 KB

To consider a report from the Leader of the Council

Additional documents:

Minutes:

The Leader of the Council introduced the Constitution of Standing Committees etc. report which dealt with the constitution of the Council’s committees and other member bodies and asked members to appoint Chairs and  Vice Chairs of various committees and other bodies. The schedule of appointments was circulated to members.

 

RESOLVED that

 

1             The size (where optional) and terms of reference of ordinary committees of the Council and the allocation of committee places to political groups as set out in Appendix 1 be approved.

2             The nominations to sit on each committee and other Council bodies be noted.

3             The Chair and Vice Chair of the member bodies set out in Appendix 2 be appointed.

4             The Chair and Vice Chairs of the Overview and Scrutiny Advisory Boards (Appendix 3) be appointed.

5             The appointment of the Leader of the Council to the Cumbria Leadership Board and the appointment of the Deputy Leader and Cabinet Member for Finance as named substitute be approved.

6             The Chair of the Pensions Committee (and the Vice Chair to act in the absence of the Chair) be appointed to represent the Council on behalf of the Cumbria Local Government Pension Scheme (LGPS) on the Border to Coast Pension Partnership Joint Committee.

7             The Chair of the Pensions Committee (and the Vice Chair to act in the absence of the Chair) be appointed to exercise the Council’s rights as a shareholder of the Boarder to Coast Pensions Partnership company on behalf of the Council as administering authority of the Cumbria LGPS.

8             The Council’s Scheme of Delegation to Officers (Part 3A of the Constitution) (Appendix 5) be confirmed.

 

 

 

104.

Minutes of the Cabinet pdf icon PDF 101 KB

The minutes of the meeting of the Cabinet held on 22 March 2018 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.

Minutes:

The Leader guided members through the Minutes of the meeting of Cabinet held on 22 March 2018.

 

Mr Dew referred to Minute 84, Healthy Weight Declaration highlighting that the Declaration referred only to overweight people with no reference to those underweight. The Cabinet Member for Public Health and Community Services gave reassurance that eating disorders were taken very seriously and would be taken into account, explaining that due to rising figures, obesity had been the focus of the Declaration.

105.

Scrutiny update report pdf icon PDF 95 KB

To consider a report from the Chair of the Scrutiny Management Board

Additional documents:

Minutes:

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

 

Members’ attention was drawn to the Scrutiny Annual report with it being noted that a wide range of work had been undertaken, with the work of Scrutiny helping shape council services. The Chair referred to the message to managers about keeping councillors better informed which had been discussed at the Scrutiny Management Board. The message would be circulated to all members of the Council for information.

 

All non Executive members were encouraged to get involved with the work of Scrutiny. Members were invited to a member workshop to input into the Workforce Development Plan on 27 April 2018.

 

RESOLVED that

 

1             The recent activity of Scrutiny be noted.

2             The Annual Report be noted.

3             The Scrutiny Work Programme be noted.

4                    The message to managers regarding keeping councillors better informed, be circulated to all members of the Council.

106.

Constitution Review Group pdf icon PDF 111 KB

To consider a report from the Leader of the Council.

Additional documents:

Minutes:

The Leader of the Council presented the report of the Constitution Review Group which sought Council’s approval to proposed changes to the Constitution which had been considered by the Group.

 

Following a question about the membership of the Health and Wellbeing Board, the Leader advised on the Statutory Appointments to the Board, the role of various members of the Board and that of the Public Health Alliance in terms of representing the third sector.

 

In noting the Constitution Review Group’s recommendation to Council to adopt the revised Terms of Reference of the Chief Officers’ Panel it was questioned whether consideration had been given to the Statutory definitions of officers being applied throughout the whole of the Council’s Constitution. The Leader advised that the Monitoring Officer would review the suggestion and report to the Constitution Review Group on the matter at a future meeting of the Group.

 

Mr Bingham referred to the skills of Social Workers in the third sector and their equivalent in the County Council in terms of working with deaf and hard of hearing clients.

 

RESOLVED that

 

1             The Monitoring Officer review whether Statutory definitions of  officers should be applied across the entire Constitution

2             Mr Bingham be provided with information pertaining to Cumbria County Council’s Social Workers in terms of skills for the deaf and hard of hearing.

3             The Terms of Reference for the Health and Wellbeing Board as set out in Appendix 1 of the report be adopted

4             The revised Terms of Reference for the Chief Officers’ Panel as set out in Appendix 2 of the report be adopted.

 

107.

Director of Public Health Annual Report pdf icon PDF 87 KB

To consider a report from the Director of Public Health

Additional documents:

Minutes:

The Director of Public Health presented his Annual Report which gave an independent, expert view of the key issues affecting public health in Cumbria with recommendations on how they could be tackled. The Cabinet Member for Public Health and Communities thanked officers, particularly for their work around children’s healthy weight.

 

In welcoming the report and the very informative presentation, members raised a number of issues such as grant funding for Local Committees, the importance of the cultural sector in public health, the mental health challenges relating to weight loss, issues with the public involvement with Integrated Care Partnerships and Communities, the success of the Public Health Alliance and their omission from the report, malnutrition, how to judge the success of Integrated Care, the costs of delivering services in rural areas and the reduction in health funding per head of the Cumbrian population.

 

Members asked questions relating to smoking and pregnancy links, screening for prostate cancer and whether rates of young people taking up smoking had increased. The statistics for healthy weight of children in year six were queried and the diabetes reversal programme was raised. A number of members welcomed the inclusion of ‘dying well’ in the report.

 

The Director of Public Health commented on the work being undertaken on smoking and pregnancy, screening relating to prostate cancer, the finance available to Local Committees for public health, the importance of arts for health, the complex issues relating to weight loss and advised on Integrated Care Partnerships. He explained public health funding challenges and how the Public Health funding formula worked. He advised that the Public Health Strategy was being revised to be more outward facing and to involve partners, take up rates of smoking in young people had not increased and that significant work was being undertaken on diabetes.

 

The Cabinet Member for Children’s Services commented on the quality of debate stimulated by the Annual Report. The Director of Public Health stated the aim was to also to stimulate health partners to undertake service provision differently. The Deputy Leader commented on the health funding disparity between Cumbria and other authorities in the Country.

 

RESOLVED that,  the Director of Public Health’s Annual Report 2017 be noted.

 

The meeting broke for lunch at 1pm and reconvened at 1.30pm

108.

APPROVAL OF ABSENCE OF A MEMBER OF THE COUNCIL pdf icon PDF 88 KB

To consider a report from the Monitoring Officer.

Minutes:

A report for the Approval of Absence of a Member of the Council was presented which dealt with a request from Mr Duncan Fairbairn to extend his period of absence at meetings of the authority beyond the six month period of non attendance provided for within Section 85(1) of the Local Government Act 1972.

 

Mr Fairbairn had been unable to attend any Council of Committee meetings since the meeting of full Council on 16 November 2017. Members extended their best wishes to Mr Fairbairn.

 

RESOLVED that the request to approve Mr Fairbairn’s permitted period of absence beyond the six month period of non attendance provided for within Section 85(1) of the Local Government Act 1972 on the grounds of ill health be agreed.

109.

Appointment of Members to the Transport of the North Scrutiny Committee pdf icon PDF 100 KB

To consider a report from the Cabinet Member for Highways and Transport

Minutes:

A report for the appointment of members to the Transport of the North Scrutiny Committee was presented. The Cabinet Member for Highways and Transport commented on his role on the Shadow Board and the value of Scrutiny.

 

Members were informed by the Monitoring Officer that Cabinet Members were permitted to be a member of the Scrutiny Committee.

 

RESOLVED that

 

1             Mr Ian Stewart be appointed as a voting member of the Transport for the North Scrutiny Committee

2             Mr David Southward be appointed as a voting members of the Transport for the North Scrutiny Committee in the absence of Mr Ian Stewart.

 

110.

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:

Mr Morgan asked whether a new sponsor was being sought for Whitehaven Academy and whether the education of the children who attended the Academy had been blighted. Mr Lywood questioned whether the problems at Whitehaven Academy had originated with the National Conservative Government. The Cabinet Member for Schools and Learning responded to both Mr Morgan’s and Mr Lywood questions. She advised on the actions being undertaken to resolve the issues at the Academy and commented that the Council’s responsibility was to represent the children of Cumbria and obtain the best deal for them. She advised on the work of the Regional Schools Commissioner to ensure the best educational outcomes for children in the area. She commented on a diligence process being undertaken, recognised the concerns regarding the fabric of the building and reference was made to a potential sponsor. The Cabinet Member for Schools and Learning advised of a letter from the teachers from the school and congratulated the pupils for doing well under the circumstances. She advised that a pupil from the Academy had been at the final round of the Youth Parliament which reflected well on the calibre of the pupils in the school.

 

Mrs Tarbitt asked the Cabinet Member for Customers, Transformation and Fire and Rescue if the Armed Forces Champions group could meet to discuss the Champions’ role and referred to the incident she had been involved in, raised at a previous Council meeting. The Cabinet Member for Customers, Transformation and Fire and Rescue advised that she had asked for the role to be reviewed and offered to meet with Mrs Tarbitt and officers in private to discuss the incident referred to.

 

Mr Dew asked the Cabinet Member for Highways and Transport to recognise the efforts of Cumbrian communities, particularly the farming community and thank them for their efforts in helping during the recent extreme weather event. He asked for clarity around individuals clearing snow without permission or insurance. He asked whether ‘road closed’ signs could be stored in parishes in particular Stainmore which suffered during extreme weather events. The Cabinet Member for Highways and Transport thanked the farming community and explained that there were farmers on the Council’s Framework Agreement, that he had queried whether anyone had incurred costs when clearing roads and that the law must be heeded. He added that Mr Dew’s points were valid and urged the public to take the advice of the Met Office during extreme weather events.

 

Mr Wilson asked how much better the Kendal Archive Centre would be after its planned refurbishment. The Cabinet Member for Public Health and Communities advised on forthcoming closure dates and on the provision of services following refurbishment, stating that the Centre would be much improved.

 

Mr Betton asked the Cabinet Member for Highways and Transport for a timescale as to when the County Council would improve the road network. The Cabinet Member for Highways and Transport stated that he had publically apologised for the standard of the road network and informed members  ...  view the full minutes text for item 110.

111.

Minutes of Committees

111a

Cumbria Pensions Committee pdf icon PDF 113 KB

To receive the minutes of a meeting of the Cumbria Pensions Committee held on 8 March 2018

Minutes:

Mr Worth presented the Minutes of the meeting of the Cumbria Pensions Committee held on 8 March 2018

 

RESOLVED that the minutes of the meeting of the Cumbria Pensions Committee held on 8 March 2018 be received.

111b

Audit and Assurance Committee pdf icon PDF 103 KB

To receive the minutes of a meeting of the Audit and Assurance Committee held on 20 March 2018

Minutes:

Mrs Carrick moved receipt of the minutes of the meeting of the Audit and Assurance Committee held on 20 March 2018.

 

RESOLVED that  the minutes of the Audit and Assurance meeting held on 20 March 2018 be received.

112.

Notices of Motion

Mrs P Bell will move the following motion:

 

Council notes that:-

 

·         Single-use plastics include all products that are made wholly or partly of plastic and are typically intended to be used just once and/or for a short period of time before being disposed of, such as takeaway boxes, disposable drinking cups, bottles, stirrers, plastic wrap and plastic straws.

 

·         The introduction of the 5p charge on single-use plastic carrier bags has successfully reduced their use by 80% which means there are 9 billion less bags, per year, going into landfill.

 

·         Plastics that end up in our oceans are having a catastrophic effect on marine life, sea birds and once degraded into micro plastics, contaminate the food chain including our own.

 

·         Since 2000 the amount of waste going to landfill has fallen by over 65% and there has been a threefold increase in recycling.

 

·         The Government’s recent call for evidence “Tackling the plastic problem – Using the tax system to address single-use plastic waste” seeks to examine how economic incentives can be used to encourage more sustainable behaviour and eliminate avoidable plastic waste.

 

Council asks Cabinet:-

 

·         To undertake an audit of single-use plastics used by the Authority and seek to replace them with sustainable or reusable alternatives where practicable by the end of 2018.

 

·         As the Waste Disposal Authority continue to work with the 6 District Councils who are the Waste Collection Authorities and recipients of Recycling Credits to educate members of the public and businesses about plastic waste.

Minutes:

Mrs P Bell moved the following motion as set out in the Council Agenda:

 

Council notes that:-

  • Single-use plastics include all products that are made wholly or partly of plastic and are typically intended to be used just once and/or for a short period of time before being disposed of, such as takeaway boxes, disposable drinking cups, bottles, stirrers, plastic wrap and plastic straws.
  • The introduction of the 5p charge on single-use plastic carrier bags has successfully reduced their use by 80% which means there are 9 billion less bags, per year, going into landfill.
  • Plastics that end up in our oceans are having a catastrophic effect on marine life, sea birds and once degraded into micro plastics, contaminate the food chain including our own.
  • Since 2000 the amount of waste going to landfill has fallen by over 65% and there has been a threefold increase in recycling.
  • The Government’s recent call for evidence “Tackling the plastic problem – Using the tax system to address single-use plastic waste” seeks to examine how economic incentives can be used to encourage more sustainable behaviour and eliminate avoidable plastic waste.

 

Council asks Cabinet:-

  • To undertake an audit of single-use plastics used by the Authority and seek to replace them with sustainable or reusable alternatives where practicable by the end of 2018.
  • As the Waste Disposal Authority continue to work with the 6 District Councils who are the Waste Collection Authorities and recipients of Recycling Credits to educate members of the public and businesses about plastic waste.

 

Mrs Williamson seconded the motion and reserved the right to speak. Mrs Bell advised that the County Council supported other groups to reduce plastic and urged that it worked with partners to do the same. Mrs Williamson encouraged members to do what they could to reduce plastic in the county.

 

Mr Airey welcomed and supported the motion on behalf of the Conservative Group, commenting on its timeliness as Commonwealth Leaders were discussing the issue. The Cabinet Member for Environment appraised members of the history of waste disposal in the county and commented on the Administration’s commitment to waste disposal. Members spoke in favour of supporting the motion, commenting that waste reduction united the generations and on dumping of plastic waste at sea.

The motion was moved by Mrs Bell and seconded by Mr Bingham and following the agreement of Council, it was

 

RESOLVED that Council asks Cabinet

1             To undertake an audit of single-use plastics used by the Authority and seek to replace them with sustainable or reusable alternatives where practicable by the end of 2018.

2             As the Waste Disposal Authority continue to work with the 6 District Councils who are the Waste Collection Authorities and recipients of Recycling Credits to educate members of the public and businesses about plastic waste.

 

 

113.

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 and Transformation.

Minutes:

No speeches were made.

114.

responses to member questions pdf icon PDF 124 KB