Agenda and minutes

County Council
Thursday, 14th February, 2019 10.00 am

Venue: Council Chamber, County Offices, Kendal

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

Items
No. Item

63.

Roll Call of Members

64.

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 declaration of interest made on this occasion.

 

65.

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 consideration of any items in business in the agenda today.

 

66.

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 questions, petitions or statements made on this occasion.

 

67.

Minutes pdf icon PDF 90 KB

To confirm as a correct record the minutes of the meeting of the Council held on 10 January 2019 (copy enclosed)

 

Minutes:

RESOLVED that,     the minutes of the meeting held on 10 January 2019 be agreed with the following amendments:-

 

On Minute No 56 – second paragraph to read ‘ Mr J Airey asked the Leader to outline how the budget consultation had..... ‘

 

On Minute No 57 – third paragraph to read ‘The grounds for call in would be clarified....’

 

On Minute No 58 – page 13 paragraph six insert the words Walkmill Community Woodlands, before the words Moresby Parks.

 

Mr P Dew and Mr J Mallinson asked that it be recorded that they had both asked questions which had not been included.  However, they did not propose any amendments to the minutes.

 

The Monitoring Officer reminded members that the minutes were not a verbatim record of the meetings.

 

68.

Announcements and Communications

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

Minutes:

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

 

She then brought members attention to the launch of the fundraising appeal for Jigsaw, which was one of her chosen charities.

 

Jigsaw was Cumbria’s Children’s Hospice and provided essential one-to-one care for children and young adults with life limiting illnesses, as well as extending the care and support to their families. Jigsaw’s home-from-home environment allowed the nurses to match the children and young adults home routine as closely as possible, ensuring a smooth, relaxing and peaceful transition between the home and hospice environments.

 

To help raise funds Jigsaw was going to try to build Cumbria’s Biggest Jigsaw – and schools, libraries, care homes and community groups had been invited to take part and design their very own giant jigsaw piece.

 

The theme for the designs was ‘Love Cumbria’ where registrants were encouraged to draw, paint or design a piece showcasing what they loved the most about Cumbria, whether that be the lakes, fells, gingerbread or Beatrix Potter.

 

The Chairman asked members to let her know if they were aware of any groups who may be interested in getting creative. 

 

Everyone who took part would be invited to help assemble the jigsaw on Wednesday 27 March 2019.

 

The Leader of the Council announced that following a competitive process against a number of other councils bidding for funding, the Ministry of Housing, Communities and Local Government had now confirmed that they would grant £102m for the £112m scheme for Carlisle Southern Link Road. The remaining £10 million needed would be shared by Cumbria County Council and Carlisle City Council who would recoup the investment from future developer contributions.  Construction work was planned to start in spring 2021 for a two year period.

 

The Leader also announced that he had received a letter from the Deputy Director – Children’s Services Improvement and Intervention Unit to say how pleased she was to hear about Cumbria’s ongoing work to continue to improve the children’s social care services, following Ofsted’s judgement of ‘requires improvement’ in January 2017.

 

The letter stated that the period of support and supervision from the Department of Education was now complete, and that formal involvement had now ended.

 

The Leader asked council to recognise the work both by officers and members, cross party, for the work they had undertaken in relation to the improvement journey.

 

Members congratulated Mrs Burns, Mrs Evans, Mr Fairbairn, Mrs Tarbitt  and the Executive Director – People – Mr Macilwraith for all the time and effort they had invested in making the improvements required.

   

The Cabinet Member for Schools and Learning announced that pupil achievement had shown strong progress in the Early Years, Key Stage 1 and Key Stage 2. There had also been positive improvements in SEND outcomes in all phases. Despite some individual school and provider improvements at GCSE and Post 16, overall 2018 performance in these phases had been  ...  view the full minutes text for item 68.

69.

Minutes of the Cabinet pdf icon PDF 121 KB

The minutes of the meetings of the Cabinet held on 7 February 2019 (copy to follow)

 

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 Executive meeting held on 7 February 2019.

 

On Minute No 88 - Mr P Dew was encouraged to hear that the County Council had signed the Mental Health Charter and that this followed on from the Time to Change Employers Pledge.  He asked whether the Leader would join him in congratulating a group of sixth form students from colleges in Eden on their Share a Smile project.  The project had been developed and designed by the young people involved working alongside Carlisle Eden Mind, to help increase young people and the wider community’s understanding of positive mental health and the impact everyone can have on this by sharing kindness with each other.

 

The Leader said this sounded excellent and he also congratulated the youngsters for taking part in the initiative.

 

Mr Dew said he hoped the learning from this would be shared with other local committees.

 

RESOLVED,     that the minutes of the Cabinet meeting held on 7 February 2019 be noted.

 

70.

REVENUE BUDGET 2019/20 AND MEDIUM TERM FINANCIAL PLAN 2019/20-2021/22 AND DRAFT CAPITAL PROGRAMME 2019-2024 pdf icon PDF 312 KB

To consider a report from the Deputy Leader/Cabinet Member for Finance (copy to follow)

 

Additional documents:

Minutes:

The Deputy Leader presented the Revenue Budget 2019/20 and Medium Term Financial Plan 2019/2020 - 2021/2022 and Draft Capital Programme 2019 – 2024 which advised that on 7 February 2019, Cabinet had agreed the budget proposal for recommendation to Council after consideration of the budget consultation process and that Council was asked to agree the recommendations as set out in Section 1 of the Report.

 

A copy of the Constitution Part 5F - Procedure for Budget Debate at Council was circulated to all members of the Council.  During the debate the Chairman reminded all members that they could speak for 5 minutes and only once, unless to raise a point of order.

 

The Deputy Leader highlighted that there was a slight change to recommendations 1.2, 1.2 (c), and 1.2 (e) where the years should read 2019/20, not 2018/19.  Members noted these changes.

 

The Deputy Leader commented that the budget was set against a backdrop of uncertainty, and there were a number of government consultations underway that would fundamentally impact the future finances.

 

In moving the recommendations the Deputy Leader thanked everyone involved in producing the balanced budget.  He referred to the Fair Funding Review which had sought views on the approach to measuring the relative needs and resources of local authorities, which would determine new baseline funding allocations for local authorities in England in 2020-21, inevitably there would be winners and losers in this process.The Business Rate Retention Pilots continued and he asked members to note that the final scheme details from Government were still awaited, which would provide much of the council’s future income. This was the ninth year of reductions in funding from central Government to this Council.  The Revenue Support Grant in 2011/12 was £148million pounds. This year it would be £17.8million pounds, which equated to a reduction of over £130 million pounds, at a time of ever rising demand.

 

The Deputy Leader the drew members attention to the savings made by Cumbria County Council to date since 2011 which were £249million but there was still a further £47million savings to find over the next 3 years. 

 

The Medium Term Financial Plan at Appendix A of the report clearly set out the financial environment within which the Council had to work and detailed how the £22.7million pounds of savings for 2019/20 would be made.

 

He asked members to note that this was the last year in which Councils were allowed the ‘flexibility’ to raise Council Tax by an additional 2% to be used on Adult Social Care.  The publication of the Government Green Paper on Social Care for Adults was still awaited, which would hopefully detail how this area would be funded in the future.

 

There were various bodies representing Cumbria’s interests in these matters and the council was fully involved in the Local Government Association, the County Council’s Network and the Rural Services Network in order to make the Cumbrian case.

 

The Deputy Leader then took Council through the details in the report, detailing:-  ...  view the full minutes text for item 70.

71.

SCRUTINY UPDATE REPORT pdf icon PDF 96 KB

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

 

 

Additional documents:

Minutes:

The Chair of the 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 Full Council.

 

The Chair informed Council that one Call In had been received since the last meeting of Council. The Call In was of the decision made on 20 December 2019 by Cabinet in relation to the 2020-2021 School Admissions Arrangements. Scrutiny Management Board met on 22 January to consider the matter and agreed not to refer the decision back to Cabinet.

 

RESOLVED,     that the report be received and noted.

 

72.

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 Betton asked the Cabinet Member for Highways and Transport the reasons for the delay with the roadworks on Warwick Road, and when the work was likely to be completed.  As the local member he expected to be kept informed of progress and delays but he did not receive any information.

 

The Cabinet Member responded to say that the Local Member should have been kept informed of progress and he would follow this up, and ensure Mr Betton received an update.  The issue which had led to the delay was about the roots from the trees on the Eden Street junction, which were wrapped around some high tech cabling.  

 

Mr Airey asked the Cabinet Member for Highways and Transport what could be done to mitigate the issues being experienced by drivers along the A590.  For the past couple of days there have been traffic lights in operation along some parts of the road but there was no evidence of any work being carried out.  He asked the Cabinet Member to speak to those concerned to see if this issue could be resolved.

 

The Cabinet Member said the County Council had received a number of complaints about this, but Highways England had not notified the County Council about this. The Cabinet Member AGREED to speak to the utility companies and Highways England about this.

 

In relation to the announcement re: funding for the Carlisle Southern Link Road, Mr Whiteside asked the Cabinet Member – Highways and Transport if he would be working with Highways England to ensure consideration be given to funding similar schemes in west Cumbria.

 

The Cabinet Member responded to say that the County Council was aware of the need for similar schemes for West Cumbria and continued to press for funding for these with Government and also with Transport for the North (TfN).

 

Mrs Williamson had seen the local headlines recently which highlighted the issues of child poverty in Cumbria and she asked what the County Council was doing to mitigate the effects of child poverty.

 

The Cabinet Member responded to say that the County Council was committed to tackling child poverty and she detailed some of the work being undertaken to mitigate this.   

 

Mr Brereton asked the Cabinet Member – Highways and Transport for an update on the Working Together project, and whether the project had stalled.

 

The Cabinet Member replied to say that this project was still on course and he had met with Cumbria Association of Local Councils (CALC) recently to update them on progress.  However, parishes throughout the county were at different stages of agreement.  He asked members to contact him directly if they had any areas of concern.

 

 

Mr A Lamb asked, with reference to fly tipping, whether the Cabinet Member for the Environment would agree to look at simplifying the rules and procedures regarding permits for vans and trailers, as 33% of fly tipped waste was that of a small van.  He also asked the Cabinet Member for an update  ...  view the full minutes text for item 72.

73.

Appointment of Scrutiny Chair - Communities and Place pdf icon PDF 87 KB

To consider a report from the Monitoring Officer (copy enclosed)

 

Minutes:

The Leader of the Council presented a report from the Monitoring Officer, which asked members to note the appointment of the new Chair of the Communities and Place Scrutiny Advisory Board following the recent changes to membership and re-assignment of portfolios of Cabinet.

 

In line with the Constitution, if a vacancy arose in the position of Chair or Vice-chair of a Scrutiny Advisory Board before the next annual meeting of the Council, then the political group holding the position immediately before the vacancy arose was entitled to fill the vacancy until the next annual meeting of the Council.

 

The report was asking members to note that in line with this procedure rule Mr SB Collins had been appointed as Chair of the Communities and Place Scrutiny Advisory Board.

 

RESOLVED,     that County Council note that Mr SB Collins has been appointed as the Chair of the Communities and Place Scrutiny Advisory Board, following Mrs PA Bell’s reappointment to Cabinet.

 

74.

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.

75a

Cumbria Pensions Committee pdf icon PDF 131 KB

To receive the minutes of a meeting of the Cumbria Pensions Committee held on 10 December 2018 (copy enclosed)

 

 

Minutes:

The Vice Chair of the Cumbria Pensions Committee presented the minutes from the meeting held on 10 December 2018.  There were no questions from the floor on these.

RESOLVED,     that the minutes of the Cumbria Pensions Committee held on 10 December 2018 be received and noted.

 

75b

Audit and Assurance Committee pdf icon PDF 104 KB

To receive the minutes of a meeting of the Audit and Assurance Committee held on 11 December 2018

 

Minutes:

The Chair of the Audit and Assurance presented the minutes from the meeting held on 11 December 2018.  There were no questions from the floor on these.

RESOLVED that,     the minutes of the Audit and Assurance meeting held on 11 December 2018 be received and noted.

76.

Notice of Motions

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

 

Mr R Betton will move

 

Cumbria County Council in 2016/17 agreed an additional Council Tax precept rise of 2%, on top of the 1.99% general Council Tax rise, on every Cumbrian Household to pay for adult social care. This was thrust on us by the now ruling Conservative central Government.

 

I did not support this in 2016/17, 2017/18 or 2018/19 because I believe that Council tax payers should not foot the bill for adult social care as it should be funded fully by Central Government, we have been taxed enough by this Conservative Government as it is.

 

To date, the total figure raised by the adult social care council tax precept is £25m and if the 2% increase is passed again today, that total will increase to £43m.

 

The Conservative Government are unclear if they want future adult social care funding to come from our NHS, Cumbria County Council allocated monies or even if it is once again to be an additional burden to be paid for by Cumbrian Council tax payers.

 

Will this Council agree to lobby Central Government to end this unfair tax to the people of Cumbria and foot the bill from Central Government?

 

 

Minutes:

Mr R Betton moved the motion as set out in the Council Agenda, as follows:-

 

‘Cumbria County Council in 2016/17 agreed an additional Council Tax precept rise of 2%, on top of the 1.99% general Council Tax rise, on every Cumbrian Household to pay for adult social care. This was thrust on us by the now ruling Conservative central Government.

 

I did not support this in 2016/17, 2017/18 or 2018/19 because I believe that Council tax payers should not foot the bill for adult social care as it should be funded fully by Central Government, we have been taxed enough by this Conservative Government as it is.

 

To date, the total figure raised by the adult social care council tax precept is £25m and if the 2% increase is passed again today, that total will increase to £43m.

 

The Conservative Government are unclear if they want future adult social care funding to come from our NHS, Cumbria County Council allocated monies or even if it is once again to be an additional burden to be paid for by Cumbrian Council tax payers.

 

Will this Council agree to lobby Central Government to end this unfair tax to the people of Cumbria and foot the bill from Central Government?’

 

The motion was moved by Mr Betton and seconded by Mr W Graham.

 

Mr Betton asked those members who care about the vulnerable residents of Cumbria to support the Motion and agree that this Council lobbies Central Government to end this unfair tax to the people of Cumbria and foot the bill for Adult Social Care from Central Government.

 

The motion was then opened to debate, with speakers both in support, and against, the Motion.  Upon conclusion of the debate this was then put to a vote, and with 34 For and 23 Against the motion was carried.

 

It was therefore RESOLVED that Cumbria County Council agree to lobby Central Government to end this unfair tax to the people of Cumbria and that Central Government be asked to fund the cost of adult social care.

 

77.

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:

There were no speeches made at this to meeting.