Agenda and draft minutes

County Council
Thursday, 21st June, 2018 10.00 am

Venue: Council Chamber, County Offices, Kendal

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

Items
No. Item

1.

Roll Call of Members

Minutes:

Apologies for absence were received from the following members:

 

Mrs HF Carrick, Mr N Cotton, Mr DS Fairbairn, Miss HJ Fearon, Mr D Gawne, Mr N Hughes, Mr J Lister, Mr B Shirley, Mr S Stoddart, Mr D Whipp and Mr D Wilson.

 

2.

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 Acting 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 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 living  ...  view the full agenda text for item 2.

Minutes:

The were no declarations of interest made at the meeting.

 

3.

Minutes pdf icon PDF 118 KB

To confirm as a correct record the minutes of the meeting of the Council held on 19 April 2018.

 

Minutes:

Mr Bingham referred to the length of time it had taken to provide a response to the question he had asked at the previous Council meeting regarding the skills of Social Workers who worked with deaf/hard of hearing clients. Mr Bingham would be provided with a written answer.

 

Page 15, 3rd paragraph: Dr Haraldsen stated that the word ‘asked’ be replaced by the word ‘stated’ on the first line of the paragraph.

 

RESOLVED,             that the minutes of the previous meeting held on 19 April 2018 be agreed as a correct record.

 

4.

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 the press and public were excluded.

 

5.

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 items of public participation considered at the meeting.

 

6.

Announcements and Communications

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

Minutes:

The Chairman made an announcement regarding the filming of Council meetings; members would be allowed to do so in a personal capacity but were asked not to film the public gallery as it was not part of the meeting.

 

She advised that there were a number of stalls in the foyer reflecting projects across the county that were tackling poverty, additionally, it had been an honour for her to help present awards at the three Staff Excellence Awards events across the county. Congratulations were given to the pupils at the schools who had recently taken part in the Rock Challenge at the Sands Centre in Carlisle.

 

The Cabinet Member for Health and Care Services commented on the anniversary of his first year as Cabinet Member for Health and Care Services stating that the next twelve months would see a shift in focus in his work. He invited members to a development session on 16 July 2018 and advised members of the Learning Disabilities and Autism Board which had been established for twelve months. With agreement from the Chairman, at the next meeting of the Council on 5 September 2018, Horticare would be bringing plants for sale and members were asked to bring money to purchase them and talk to the users of the service.

 

The Cabinet Member for Customers, Transformationand Fire and Rescue referred to the Council Plan which put customers at the heart of the work of the Council and made a commitment to the Digital Strategy. The digital platform allowed the public to carry out a range of transactions electronically and significant progress had already been made by rolling it out across  council services.

 

The Cabinet Member for Highways and Transport gave an update on the Tour of Britain. He gave an appraisal of the route, of its previous success and commented that it would give an economic boost to the county, advising that it would be broadcast on BBC4. He welcomed the joint working across the county and thanked officers for the work they had undertaken.

 

The Cabinet Member for Highways and Transport gave an update on the Lakes Rail Line and advised that he was working as a member of Transport for the North to improve rail services in the county. He announced that Northern Rail would be implementing a shuttle service on 2 July 2018 and that they would shortly be funding a marketing campaign for Cumbria. He thanked Tim Farron MP for his lobbying Northern of Rail.

 

The Chief Executive reported on the recent appointments to the Extended Leadership Team. This included the Director of Finance (Section 151 Officer) and the interim Assistant Director – Provider Services. Members would be updated of further appointments. 

 

 

 

 

7.

Minutes of the Cabinet pdf icon PDF 119 KB

The minutes of the meeting of Cabinet held on 26 April 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 presented the minutes of the Cabinet meeting held on 26 April 2018.

 

Minute 98: Statements by the Leader of the Council and Cabinet Members - Mr Barry welcomed the ‘Good’ judgement of the recent inspections of the Reablement Service in the south and west of the county. Staff had looked after his wife during her illness. Mr Barry thanked members for their good wishes and thanked those who had attended his wife’s funeral.

 

Minute 101: Review of Third Party Agreements - Mr Dew welcomed the timely decision of Cabinet to implement a refreshed approach to working with third party organisations in relation to highway maintenance activities. He asked for reassurance from the Cabinet Member for Highways and Transport that contractors would clear snow and not just rubbish. The Cabinet Member for Highways and Transport stated that safety was paramount and that the public should not clear rubbish out of gullies by hand. He commented on the annual programme of work and advised that the County Council would work with Parish Councils and offer training. He encouraged members to raise any issues with gullies at Local Committee meetings.

 

8.

Revenue and Capital Budget Monitoring Report - Summary Year End Position 2017/18 and 2018/19 Capital Budget Update pdf icon PDF 154 KB

To consider a report from the Deputy Leader of the Council/Cabinet Member for Finance.

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 2017/18 financial year.

 

In moving the recommendations, the Deputy Leader of the Council/Cabinet Member for Finance apologised for the papers being despatched after the main Agenda; a decision was required of Cabinet before the recommendation could be made to Council and the Cabinet meeting took place after the main Agenda despatch. He congratulated the Director of Finance (Section 151 Officer) and her team on meeting the reporting deadline. The Deputy Leader of the Council/Cabinet Member for Finance outlined the key messages for members, commenting on the huge achievement on the slight underspend which would be moved to the General Fund balance. He advised that funding had been received for highway improvements. The Leader of the Council seconded the recommendations.

 

The Leader of the Conservative Group, informed members that some funding that had been allocated from the Local Enterprise Partnership (LEP) to South Lakeland for road improvements had been clawed back. Mr Airey asked for an apology from The Leader for himself and Mr M Wilson because the money would not be available to improve the roads on the gateway to Ulverston. In identifying the appropriate Cabinet Member to respond, the Leader of the Conservative Group raised a Point of Order stating that the issue did not relate to the LEP as the funding had been devolved to the County Council. The Leader explained the source of the funding, about the package of schemes in Ulverston and of the issues in acquiring the land  for the scheme raised by the Leader of the Conservative Group. He thanked the Leader of the Conservative Group for his help with the success of the schemes and commented on the delay caused by land negotiations and the time limit for the money to be spent which had resulted in the funding being reallocated. He stated that a bypass was needed for Ulverston and the Council would engage with partners to expedite this.

 

A member stated that the report was late which had impacted on the decision making process. A member of the Conservative Group referred to the balance moved into the Innovation Fund, stating he welcomed the principles of the scheme and looked forward to the details on how it would be monitored. He also asked the Deputy Leader of the Council/Cabinet Member for Finance to apologise to the Conservative Group as when it had been suggested earlier by the Group that the money be used rather than leave it in the volatility reserve, its members had been criticised.

 

Mr M Wilson advised that local residents would be disappointed with the claw back of funding for the Ulverston area, but added that officers had helped resolve some traffic issues, and joint working would help arrive at a solution for all.

 

In summing up, the Deputy Leader of the Council/Cabinet Member for Finance was disappointed to note that the investment made in  ...  view the full minutes text for item 8.

9.

Treasury Management Annual Report 2017/18 pdf icon PDF 314 KB

To consider a report from the Deputy Leader/Cabinet Member for Finance.

 

Minutes:

Members considered a report from the Deputy Leader of the Council/Cabinet Member for Finance which detailed treasury management activities during 2017/18, in accordance with best practice recommended in the CIPFA Code of Practice on Treasury Management in Local Authorities. The report 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 2017/18 agreed by Full Council in February 2017.

 

The Deputy Leader of the Council/Cabinet Member for Finance moved the recommendations with the Leader seconding and reserving his right to speak.

 

A member asked about the extent to which the savings were due to slippage and what had been planned savings whilst another member considered that as the report was late, the council hadn’t complied with the review and scrutiny of treasury management policies as stated in the report. One member was concerned that the Council investing in Qatar National Bank was not a good investment.

 

The Deputy Leader of the Council/ Cabinet Member for Finance advised that the Treasury Management was a responsibility of the Audit and Assurance Committee therefore was reviewed and scrutinised regularly, Cabinet papers had included the information being discussed and that the short term cash deposit to Qatar National Bank had been returned, in accordance with terms and the Treasury Management Policy.

 

RESOLVED that, Council notes the following:

 

1             The Annual Treasury Management Report for 2017/18

2             The year-end position for the Prudential Indicators 2017/18 and full compliance with the Council’s treasury management policies and practices during the year.

10.

Scrutiny Update Report pdf icon PDF 93 KB

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

Additional documents:

Minutes:

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

 

In moving the recommendations, the Chair of the Scrutiny Management Board stated that the recently agreed Council Plan gave members the opportunity to Scrutinise the Delivery Plan. He advised that members would be invited by the Senior Manager Policy and Scrutiny to the forthcoming Strategic Planning session to be held at the end of July 2018. The Chair informed members of the reason for the recent Scrutiny Management Board meeting date changes.

 

RESOLVED that

 

1             Recent activity by Scrutiny be noted

2             The Scrutiny Work Programme be noted

11.

Appointments to Committees pdf icon PDF 97 KB

To consider a report from the Leader of the Council.

 

Minutes:

The Leader presented a report which recommended that Members were appointed to the Police and Crime Panel for 2018 in line with the Council’s allocation. The report further recommended that substitute members were appointed to the Health and Wellbeing Board.

 

RESOLVED, that

 

1          Mr W McEwan, Mr R Bingham, J Mallinson and Miss H Fearon be appointed to the Police and Crime Panel.

2          Mr I Stewart, Mrs S Sanderson, Mrs C Tibble and Mr K Little be appointed as substitute Members to the Health and Wellbeing Board as nominated by the Leader of the Council.

12.

Constitution Review Group pdf icon PDF 141 KB

To consider a report from the Leader of the Council.

Additional documents:

Minutes:

The Leader presented a report from the Constitution Review group which sought Council’s approval to proposed changes to the Constitution which related to Part 2H Pensions Committee, Part O Pensions Investment Sub-Group, Part 2L Chief Officers’ Panel and Part 2I Staffing Committee.

 

The Leader advised that following publication of the Agenda, feedback had been received and advice had been taken resulting in an amendment to the recommendations being tabled at the meeting. The amendment related to the Terms of Reference of Parts 2I and 2L of the Constitution. Members were informed that the Groups would advise the Monitoring Officer of the names of members to be appointed. The Leader of the Conservative Group seconded the recommendations.

 

A member raised that there would be no right of appeal for the Chief Executive but believed that at this time, this was the best resolution to make.

 

RESOLVED that

 

1             Council adopts the revised terms of reference for the Pensions Committee (Part 2H) set out in Appendix 1 of the report.   

2             Council adopts the revised terms of reference for the Pensions Investment Sub-Group (Part 2O) set out in Appendix 1 of the report

 

3             The Council is recommended to adopt the revised terms of reference for the Staffing Committee (Part 2I) set out in Appendix 2 with the amendment that membership of the Staffing Committee comprises 5 members drawn from a Panel of 9 members of the County Council and when the Staffing Committee exercises the functions noted at 2.1 (a) (iii) and (iv), the membership of the Staffing Committee must include at least one member of Cabinet.  

4             The Council is recommended to adopt the revised terms of reference and appointment of members for the Chief Officers Panel, including a change of name, (Part 2L) set out in Appendix 3 of the report and that  the membership of the Chief Officers’ Committee comprises eleven members of the County Council, in political balance including a minimum of two members of the Cabinet.        

5             The Council is recommended to adopt the terms of reference for Independent Persons Panel, as set out in Appendix 4, and agree that they will be included in the Constitution as Part 2V         

6             The Council delegates authority to the Monitoring Officer to deal with the initial stages of the disciplinary procedure for Statutory Officers, in consultation with the Chair of the Chief Officers Committee.  In circumstances where the Monitoring Officer is the subject of the procedure and continues in post, the Head of Paid Service is authorised to undertake this role. 

7          The Council delegates authority to the Monitoring Officer to deal with the initial stages of grievances against the Chief Executive.

 

 

13.

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 highlighting that the Cabinet Member for Health and Social Care had not mentioned the Government’s announcement to invest in the NHS in addition to providing extra funding for the redevelopment of West Cumbria Hospital, the Leader of the Conservative Group asked the Leader if he would thank the Conservative Government and agree it was backing Britain. The Leader commented that the funding was the result of the Brexit dividend and would result in taxes being raised in order resolve the difficulties in the NHS.

 

Mr Morgan asked if the Council could contact all the bodies involved with Whitehaven Academy to urge them to undertake a detailed examination of the performance of the Brightside Trust as it  had been nationally recognised as the worst performing Trust. The Cabinet Member for Schools and Learning gave the context in which the Council was working, commenting on the relationship with the organisations trying to resolve the issues, mentioning the Council officer on the Committee resolving the issues and that there had been discussions with the sponsor. She expressed her concern about the issues the school was experiencing, advised that she had been shown around the school and emphasised that the Council was seeking the best outcome for young people and parents at the school. She was working with the sponsor to restrict publicity surrounding the school for the benefit of the young people. She considered that there should be a Group reviewing the issues who were best placed to resolve them.

 

Mr Ellis raised that forthcoming changes to Universal Credit would not affect access to free school meals, emphasising that stating such was political scaremongering, adding that there were a number of different benefits that acted as a gateway to free school meals. He advised that under Universal Credit, those with over £16k of savings and a second home would lose out but the number of eligible families would rise due to the rising income threshold. He challenged the portfolio holder to bring a resident of Cumbria who would lose their eligibility to free school meals due to Universal Credit to the next meeting of Council. The Cabinet Member for Children’s Services referred to residents living without money for six weeks, falling behind with their rent and that schools would be affected as it would affect Pupil Premium  funding. She invited Mr Ellis to Barrow in order for her to provide evidence of how the changes would affect people.

 

Mr Bingham asked the Cabinet Member for Economic Development and Property what were the latest developments at the Courts, Carlisle and what would happen to any artefacts stored there. The Cabinet Member for Economic Development and Property advised that the property was secure, there was a potential tenant and that he would let Council know of further developments in due course.

 

Mr Cook asked for a Foster Carer recruitment update. The Cabinet Member for Children’s Services reported on the four area based campaigns, that Foster Carers had been in the press,  ...  view the full minutes text for item 13.

14.

Minutes of Committees

14a

Workington Harbour Board pdf icon PDF 59 KB

To receive the minutes of a meeting of the Workington Harbour Board held on 22 January 2018.

 

Minutes:

The Cabinet Member for Highways and Transport presented the Minutes of the Workington Harbour Board.

 

A member raised his concern that a number of meetings of the Board had been cancelled and queried the appointment of the Independent Member to the Board. The Cabinet Member for Highways and Transport advised that the term of office of the Independent Member had ended which Board members were aware of but that this was currently being addressed and that work was being undertaken on progressing on a future meeting for the Board.

 

RESOLVED that the minutes of the Workington Harbour Board meeting held on 22 January 2018 be received .

14b

Standards Committee pdf icon PDF 61 KB

To receive the minutes of a meeting of the Standards Committee held on 27 April 2018.

 

Minutes:

Mr Cassidy presented the Minutes of the Standards Committee meeting held on 27 April 2018.

 

RESOLVED that  the Minutes of the Standards Committee meeting held on 27 April 2018 be received.

 

15.

Urgency Provisions pdf icon PDF 96 KB

To consider a report from The Leader of the Council.

Additional documents:

Minutes:

The Leader presented the report on an Urgent Decision which notified members that since the last meeting of Council, a decision had been taken using the Urgency procedure which related to work which needed to be undertaken during the six week summer holiday period at Millom Infants’ School.

 

RESOLVED that the report be noted.

16.

Notices of Motion

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

 

Minutes:

There were no Notices of Motion for this meeting.

17.

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:

Mrs Williamson gave a speech on poverty in the county.

 

Mr Graham gave a speech on Cumbria being unlimited in its ambitions

 

Mrs Hanson gave a speech on addressing the risk of regulation in Cumbria