Agenda and minutes

At the start of the meeting, the Assistant Director Governance advised that this meeting was being hosted remotely using conferencing software which allowed Members, Officers and public attendance whilst being able to protect themselves and others, whilst observing the Government's lockdown measures.

The Assistant Director Governance also stated that all votes during this meeting would be taken through an informal recorded vote, though would not be noted as such in the minutes.

A Roll Call of all those Members in attendance remotely was then taken.

There were no apologies for absence received at this meeting.

RECOMMENDATION that the public minutes E/67/12/20 to E/76/12/20 of the meeting of the Executive held on 15 December 2020 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

RESOLVED that the public minutes E/67/12/20 to E/76/12/20 of the meeting of the Executive held on 15 December 2020 be confirmed and approved by the Chairman as a correct record of those proceedings.

To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

Mr Clark, Deputy Chief Executive, gave a personal explanation with regards to Agenda Item 13 in that it related to his position as a Director of Heart of Cumbria. He advised that he would leave the meeting prior to this item.

To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution

No questions or representations from the public had been received under Rule 5 of the Executive Procedure Rules of the Constitution.

To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution

No questions or representations from Members had been received under Rule 5 of the Executive Procedure Rules of the Constitution.

To consider report F04/21 from the Interim Director of Corporate Services which is attached and which seeks to detail the draft Budget Proposals for 2021/22 for consultation and current MTFP (Medium Term Financial Plan) for 2021/22 – 2024/25.

RECOMMENDATIONS that the Executive:

1.            note the implications of the Provisional Local Government Finance Settlement as set out in section 5 of the report:

2.            approve the proposal to consult on an increase in Council Tax of £5 per annum on a Band D property.

3.            consider and recommend the draft Revenue Budget 2021/22 for consultation as set out at Appendix 2.

4.            note the revised Medium Term Financial Plan 2021/22 – 2024/25 at Appendix 3; and

5.            note the Capital Programme 2021/22 to 2024/25 as set out at Appendix 5.

Councillor Taylor left the meeting at 18:07

Councillor Taylor returned to the meeting at 18:08

Members considered report F04/21 from the Interim Director of Corporate Services which sought to detail the draft Budget Proposals for 2021/22 for consultation and current MTFP (Medium Term Financial Plan) for 2021/22 – 2024/25.

Proposed by Councillor Taylor

Seconded by Councillor Rudhall

and RESOLVED that the Executive:

1.            note the implications of the Provisional Local Government Finance Settlement;

2.            approved the proposal to consult on an increase in council Tax of £5 per annum on a Band D property;

3.            considered and recommended the draft Revenue Budget 2021/22 for consultation

4.            note the revised Medium Term Financial plan 2021/22 – 2024/25; and

5.            note the Capital Programme 2021/22 to 2024/25.

Other options considered: No other options have been considered.

Reasons for decision: To keep Members updated on the work of the External Auditor.

To consider report G07/21 of the Assistant Director Governance which is attached and which seeks to consider the nomination of Coronation Garden, Penrith as an Asset of Community Value under the Localism Act 2011.

RECOMMENDATION that the nomination of Coronation Gardens as an Asset of Community Value be accepted and added to the list of land in the Council’s area which is of community value.

Member considered report G07/21 of the Assistant Director Governance which sought to consider the nomination of Coronation Gardens, Penrith as an Asset of Community Value under the Localism Act 2011.

Proposed by Councillor Greenwood

Seconded by Councillor Sharp

and RESOLVED that the nomination of Coronation Gardens as an Asset of Community Value be accepted and added to the list of land in the Council’s area which is of community value.

Other options considered: None as the statutory criteria are considered to be met. The Council has a statutory duty to make a decision on the nomination.

Reasons for the decision:

1.    To carry out the Council’s statutory duty as the determining authority under the provisions of the Localism Act 2011.

2.    To carry out the Council’s duties in conserving the local environment and protecting the wellbeing of the local community of all ages.

To consider report G03/21 of the Assistant Director Governance which is attached and which seeks to enable consideration to be given to an update on the use of the Regulation of Investigatory Powers Act 2000 (‘RIPA’) by Council officers.

RECOMMENDATIONS that:

1.            it be noted that there have been:

a)            no authorisations sought or granted by the Council in the Regulation of Investigatory Powers Act 2001 between 1 May 2019 and 31 April 2020; and;

b)            no non-statutory authorisations for covert surveillance sought or granted by the Council between 1 May 2019 and 31 April 2020.

2.            the position with the annual review of the Corporate Guidelines and Policy be noted.

Members considered report G03/21 of the Assistant Director Governance which sought to enable consideration to be given to an update on the use of the Regulation of Investigatory Powers Act 2000 (‘RIPA’) by Council officers.

Proposed by Councillor Greenwood

Seconded by Councillor Taylor

and RESOLVED that the Executive:

1.            noted that there have been

a.    No authorisations sought or granted by the Council in the Regulations of Investigatory Powers Act 2001 between 1 May 2019 and 30 April 2020; and

b.    No non-statutory authorisations for covert surveillance sought or granted by the Council between 1 May 2019 and 30 April 2020;

2.            noted the position with the annual review of the Corporate Guidelines and Policy.

Other options considered: No other options have been considered.

Reasons for the decision: To enable consideration to be given to an annual update and review of the corporate guidelines and policy.

To consider report F01/21 from the Interim Director of Corporate Services which is attached and which seems to agree the Executive Forward Plan for municipal year 2020/21.

RECOMMENDATION that the Executive agree the Forward Plan as attached at Appendix 1.

Members considered report F01/21 of the Interim Director of Corporate Services which sought to agree the Executive Forward Plan for municipal year 2020/21.

Proposed by Councillor Taylor

Seconded by Councillor Rudhall

and RESOLVED that the Executive agreed the Forward Plan.

Other options considered: No other options were considered.

Reasons for the decision: The Forward Plan sets out the work programme of the committee for the municipal year.

No items of urgent business were raised at this meeting.

The date of the next scheduled meeting to be confirmed as 16 February 2021.

The date of the next scheduled meeting was confirmed as 16 February 2021.

To consider whether, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 to Schedule 12A of the Act.

Proposed by Councillor Taylor

Seconded by Councillor Sharp

and RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 to Schedule 12A of the Act.

To consider report F03/21 from the Interim Director of Corporate Services.

Members considered report F03/21 of the Interim Director of Corporate Services which reviewed the Council’s wholly owned company Heart of Cumbria Ltd.

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

and RESOLVED that the Executive approved the recommendation within the report.