It seems you are using Internet Explorer 6 (or maybe you just have css disabled). We no longer guarantee that our site will display as intended in this browser.

Agenda and minutes

Venue: This was a virtual meeting and therefore there was no venue.

Link: To view the meeting using Microsoft Teams click here

Items
No. Item

Cl/70/02/21

Apologies for Absence

Minutes:

At the start of the meeting, the Assistant Director Legal and Democratic Services 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 social distancing measures.

The Assistant Director Legal and Democratic Services 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.

Apologies for absence were received from Councillor Fearon, Councillor Sawrey-Cookson and Councillor Thompson.

Cl/71/02/21

Declarations of Interest

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.

 

Minutes:

Councillor Eyles gave a personal explanation in that he was intending to audio record the meeting for personal use.

Councillor Nicolson declared a personal and non-pecuniary interest in Agenda Items 13 and 16, in that he felt that he had made his views on the item publicly known before this meeting, and could therefore be perceived as having a biased or predetermined stance. He indicated he would leave the meeting for prior to these items.

 

Mr L Clark, Deputy Chief Executive, gave a personal explanation with regards to Agenda Items 13 and 16 in that they related to his position as a Director of Heart of Cumbria Ltd. He advised that we would leave the meeting prior to these items.

 

Cl/72/02/21

Minutes

RECOMMENDATION that the public minutes Cl/52/11/20 to Cl/65/11/20 of the meeting of Council held on 26 November 2021 and Cl/66/12/20 to Cl/69/12/20 of the extraordinary meeting of Council held on 2 December 2020 be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that:

1.         the minutes Cl/52/11/20 to Cl/65/11/20 of the meeting of the Council held on 26 November 2021; and

2.         the minutes Cl/66/12/20 to Cl/69/12/20 of the extraordinary meeting of the Council held on 2 December 2020

be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

 

Cl/73/02/21

Chairman's Announcements

Minutes:

COVID

Lateral Flow Testing for Eden District Council staff has started to be rolled out this week (week commencing 22February).

Vaccination in the area for communities – is being led by the NHS North East and continues to be rolled out especially well in Cumbria and Eden.

Grants

Over £40m in business grants have now been distributed to Eden businesses. A phenomenal effort by those involved, including the Revenues and Benefits and Economic Development teams at the Council.

Eden Residents Support Fund – set up to support organisations that are helping local individuals and families experiencing significant hardship due to the Coronavirus pandemic – has been allocated additional funding. Over £250,000 has been made available and to date, over £175,000 has been paid out in over 50 separate grants. Organisations which have benefitted from the fund include: Eden Housing Association; Hospice at Home; Barnardo’s; Eden Carers and many more.

Zero Carbon

Eden District Council has appointed a Sustainability Coordinator to join its sustainability team and work on our zero carbon and biodiversity commitments.

Eden District Council, alongside Cumbria Business Environment Network (CBEN) Partnership, has announced a three-and-a-half year ‘Greening Eden’ project. The aim is to support Eden businesses to reduce their carbon emissions, and help save money at the same time.

Highlighting Eden

A new arts project has launched in Eden: ‘Highlighting Eden’. Highlights Rural Touring and Eden District Council are working together to invite communities across the district to engage in this Covid-secure arts activities and events, on and offline, through the new programme. Workshops are already filling up fast.

Voreda House

Recently, Penrith-based 2030 Architects revealed the first-look at Voreda House exterior plans. A planning application for the retrofit of the building has been submitted, which the Council understands will see it become the nation's first ever net-zero-carbon retrofit office.

 

Cl/74/02/21

Questions by the Public

To receive questions from the public under Rule 10 of the Constitution

 

Minutes:

The following questions was received from Mr J Davies under Rule 10 of the Constitution:

“Does the Leader of the Council feel it right and appropriate to be spending millions in public money at a time the Council is moving to rise council tax for the residents of Eden and at a time Eden, along with the rest of the UK, is facing massive economic uncertainty caused by the impact of the pandemic, on Voreda House, a building Eden District Council may never occupy due to Local Government Reorganisation?”

The Leader responded as follows:

“Thank you Mr Davies for raising your concerns again. It gives me the opportunity to reiterate my confidence that it is both right and appropriate that Penrith should have a state of the art building to house public services, whatever the letterhead may be for the local authority delivering those services – as the services will continue. Bins have to be emptied, the homeless assisted, planning decisions made. Council earmarked this money in funding rounds of the previous administration who had longstanding ambitions for the single site that it falls to us to deliver. The money sits in earmarked reserves. Raising council tax provides money for revenue which is needed for different purposes that the amount for capital projects and capital funding, such as that set aside for the single site. We have raised £856,ooo additional funding through the Government’s Public Sector Decarbonisation Scheme, to ensure that the building can reach passivhaus standards. This assists national government and local government to reach our several zero carbon goals – including the goal of Penrith Town Council of which Mr Davies is a member. I am surprised that Mr Davies proposes an action which prevents his own authority reaching its policy goals.

The Council’s vision for Voreda House is to co-locate with partners to create a new model of integrated public services for the area. This model will be robust enough to withstand the challenge of potential local government reorganisation. If local government reorganisation does happen, following the consultation period, then the Council will occupy the building well in advance of the Government’s proposed timetable for change. We are addressing Covid related economic uncertainty as well as the long-term future through this development. The people of Penrith and Eden will stand a far better chance of retaining their key public services locally be delivering from a fit for purpose base at Voreda House than if we stay where we are at the Town Hall and Mansion House. Neither building is accessible or provided with adequate facilities for staff or customers, and both have woeful environmental standards.”

Mr Davies then asked the following supplementary question:

“Given that a grant has been awarded for funding for Voreda House, would Voreda House have gone ahead if the grant had not been available?”

The Leader responded as follow:

“The grant is new money. The money earmarked for the single site would be spent on the single site.”

Cl/75/02/21

Questions by Members

To receive questions from Members under Rule 12 of the Constitution

 

Minutes:

Councillor Wicks asked the following question:

“Can I ask the Leader of the Council, Councillor Taylor, to outline the process being used to fill the Assistant Directors roles established in the restructure by the One Eden project and has this restructure been approved by Full Council.”

Councillor Greenwood responded as follows:

“The decision to restructure was approved by Council in February 2020. Council subsequently approved a Management of Change Policy in September 2020, which set out the process to be followed for recruitment of all posts. This established a Management of Change Panel, which has been set up and is overseeing the recruitment of the Assistant Director roles.”

Councillor Wicks then asked a supplementary question asking if the present post holders were being asked to apply for their current roles and who is involved in the interview process.

Mr Paul Sutton responded to say that in the recruitment for the first phase of Assistant Directors we have employed a consultant to assist us.

Councillor Raine asked the following question:

“The Chairman of scrutiny waivered the call in for the Heart of Cumbria, please can he explained the reasons to why he made that decision?”

Councillor Banks, Chairman of Overview and Scrutiny” responded as follows:

“I can confirm that I was not asked to waiver call in for the Heart of Cumbria report that was considered by the Executive in January 2021. I can’t, therefore, explain reasons for a decision that I never made.”

Councillor Raine then asked a supplementary question in that she had received the confidential papers in relation to Item 16 on the agenda the previous day and did the Chairman of Overview and Scrutiny agree that we should have had these papers earlier?

Councillor Banks agreed that these should have been received earlier.

Councillor Raine asked the following question:

“Please could we have an explanation as to why the Executive decision on the Heart of Cumbria has not been made public?”

The Leader responded:

“The decision made by the Executive was to make a recommendation to Council and it is included in the public report on the Council agenda this evening at Item 13.”

Cl/76/02/21

Motions on Notice

To consider motions on notice under Rule 13 of the Constitution

 

Minutes:

No motions on notice were received.

Cl/77/02/21

Annual Review of the Treasury Management and Capital Strategy pdf icon PDF 561 KB

To consider report F10/21 of the Interim Director of Corporate Services which is attached and which sets out and seeks approval for the Treasury Management and Capital Strategy for 2021-2022 the Prudential Indicators for years 2021-2025 and the Minimum Revenue Provision Statement for 2021-2022.

RECOMMENDATIONS that:

1.         The 2021-2022 Treasury Management and Capital Strategy Statement, as detailed in section 3, including the Minimum Revenue Provision Policy, be approved; and

2.         The Prudential and Treasury Indicators for 2021-2022, set out in Appendix A, including external borrowing limits, be approved.

Minutes:

Members considered report F10/21 from the Interim Director of Corporate Services which set and out sought approval for the Treasury Management and Capital Strategy for 2021-2022 the Prudential Indicators for years 2021-2025 and the Minimum Revenue Provision Statement for 2021-2022.

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

And RESOLVED that:

1                 the 2021-2022 Treasury management and capital Strategy Statement, as detailed in section 3, including the Minimum Revenue Provision Policy be approved; and

2                 the Prudential and Treasury Indicators for 2021-2022, set out in Appendix A, including external borrowing limits, be approved.

Cl/78/02/21

Annual review of the Council Tax Reduction Scheme 2021-22 pdf icon PDF 253 KB

To consider report F6/21 of the Interim Director of Corporate Services which is attached and which undertakes the annual review of the Council Tax Reduction Scheme (CTRS) and to decide whether to amend the Scheme for 2021/22, or leave it unchanged.

RECOMMENDATION that the Council Tax Reduction Scheme for 2021/22 should remain unchanged from that in 2020/21.

Minutes:

Members report F6/21 of the Interim Director of Corporate Services which undertook the annual review of the Council Tax Reduction Scheme (CTRS) in order to determine whether to amend the Scheme for 2021/22, or leave it unchanged.

Proposed by Councillor Greenwood

Seconded by Councillor Wickes

And RESOLVED that the Council Tax Reduction Scheme for 2021/22 should remain unchanged from that in 2020/21.

 

Cl/79/02/21

Final Budgets 2021/2022 and Medium Term Financial Plan pdf icon PDF 943 KB

To receive the report of the Interim Director of Corporate Services which is to follow.

Additional documents:

Minutes:

Members considered report F11/21 from the Interim Director of Corporate Services. The Council was required to produce a balanced budget for 2021/22 as the basis for calculating its level of Council Tax. It had to base that budget on its Corporate plan priorities and service delivery requirements estimated for the year, recognising any changes in service demand that may arise in future years.

The Executive made recommendations to Council, on this basis, at its meeting on 16 February 2020.

The report also included statutory advice from the Chief Financial Officer on the robustness of the estimates included in the budget and the adequacy of the Councils reserves.

Councillor Smith left the meeting at 7.53pm and returned at 7.54pm

 

Proposed by Councillor Greenwood

Seconded by Councillor Taylor

that Council:

1              consider and approve the balanced budget as set out in Appendix A;

2              consider and approve a Council Tax increase of £5 on a Band D property;

3              consider and approve the capital programme 2021/22 – 2024/25 set out in Appendix B;

4              approve the Medium Term Financial Plan (MTFP) for 2021/22 to 2024/24 as set out in Appendix C;

5              note the impact of the proposed budget on reserves and recommend the reserves to full council as set out in Appendix D;

6              note the One Eden Transformation programme savings targets as set out in paragraph 11.2;

7              note the budget consultation responses summarised at paragraph 13 and detailed at Appendix E;

8              note the contents of the Section 25 statement from the Interim Director of Corporate Services contained in paragraphs 3.5 to 3.13 in relation to robustness of estimates and adequacy of reserves.

Amendment proposed by Councillor Nicolson

Seconded by Councillor Wicks

That recommendation 2 be replaced with

A compensating draw down from reserves is put in place to balance the loss of income from a council tax increase

The meeting was adjourned at 8.30pm.

The meeting was reconvened at 8.40pm.

Councillors Armstrong and Harker left the meeting at 8.30pm.

Councillor Harker returned to the meeting at 8.56pm.

In accordance with the provisions of the Constitution a named vote was taken.

For: 12

Against: 20

The motion therefore FELL.

For the Motion:

(Councillors Chambers, Clark, Dew, Lancaster, Lynch, Martin, Meadowcroft, Nicolson, Raine, Ryland, Todd and Wicks).

Against the Motion:

(Councillors Baker, Banks, Connell, Derbyshire, Eyles, Greenwood, Hanley, Harker, Holden, Lawson, McCall, Patterson, Robinson, Ross, Rudhall, Sharp, Simpkins, Smith, Taylor and Tonkin).

Votes were taken on the substantive motion and RESOLVED that Council:

1              considered and approved the balanced budget as set out in Appendix A;

2              considered and approved a Council Tax increase of £5 on a Band D property;

3              considered and approved the capital programme 2021/22 – 2024/25 set out in Appendix B;

4              approved the Medium Term Financial Plan (MTFP) for 2021/22 to 2024/24 as set out in Appendix C;

5              noted the impact of the proposed budget on reserves and recommend the reserves to full council as set out in Appendix D;

6              noted  ...  view the full minutes text for item Cl/79/02/21

Cl/80/02/21

Setting of the Combined Council Tax 2021/22 pdf icon PDF 533 KB

To consider the report of the Interim Director of Corporate Services which is to follow.

 

Minutes:

Councillor Nicolson left the meeting at 8.19pm

Members considered report F13/20 from the Interim Director of Corporate Services which concerned the setting of Council Tax for the year 2021/22.

Proposed by Councillor Greenwood

Seconded by Councillor Taylor

In accordance with the provisions of the Constitution a named vote was taken.

For: 21

Against: 6

Abstentions: 4

For the Motion:

(Councillors Baker, Banks, Chambers, Clark, Connell, Derbyshire, Eyles, Greenwood, Hanley, Harker, Holden, McCall, Patterson, Robinson, Ross, Rudhall, Sharp, Simpkins, Smith, Taylor and Tonkin).

Against the Motion:

(Councillors Martin, Meadowcroft, Raine, Ryland, Todd and Wicks).

Abstentions on the motion:

(Councillors Dew, Lancaster, Lawson and Lynch).

And RESOLVED that the Council Tax was set as per the resolution attached as Appedix 1 to these minutes.

Cl/81/02/21

Local Government Reorganisation - Key Principles of the Final Submission: Notice of Key Executive Decision and Actions Taken Under Special Urgency Rules pdf icon PDF 227 KB

To consider report G5/21 from the Assistant Director Governance which is attached and which seeks to apprise Council of:

a)         insufficient notice in the Council’s Forward Plan in relation to the decision made by the Executive at its meeting on 24 November 2020, in respect of Local Government Reorganisation – Key Principles of the Final Submission; and;

b)         the procedures followed after the insufficient notice had been identified which enabled the Executive to proceed with making the decision on 24 November whilst remaining compliant with the Constitution and the law.

RECOMMENDATION that the report be noted.

Minutes:

Members considered report G5/21 from the Assistant Director Governance which sought to apprise Council of:

a)     Insufficient notice in the Council’s Forward Plan in relation to the decision made by the Executive at its meeting on 24 November 2020, in respect of Local Government Reorganisation – Key Principles of the Final Submission and;

b)     The procedures followed after the insufficient notice had been identified which enabled the Executive to proceed with making the decision on 24 November whilst remaining compliant with the Constitution and the law.

Proposed by Councillor Taylor

Seconded by Councillor Eyles

and RESOLVED that the report be noted.

Cl/82/02/21

Review of Heart of Cumbria Limited pdf icon PDF 130 KB

To receive the report of the Interim Director of Corporate Services which is to follow.

Minutes:

Mr Clark left the meeting at 9.29pm

Members considered report F12/21 from the Interim Director of Corporate Services which considered the Executive’s recommendation to close the Heart of Cumbria Ltd and bring the assets and the functions in to the Council.

Proposed by Councillor Robinson

Seconded by Councillor Lawson

And RESOLVED that the meeting go beyond three hours.

Proposed by Councillor Connell

Seconded by Councillor Eyles

And RESOLVED  that Council:

1              noted the Executive recommendation to close the Company and bring the assets in to the Council; and

2              resolved that the Heart of Cumbria Limited be dissolved and the assets and functions be brought into the Council.

 

Cl/83/02/21

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as 25 March 2021.

Minutes:

The date of the next scheduled meeting of Council was confirmed as 25 March 2021.

Cl/84/02/21

Exclusion of Press and Public

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.

Minutes:

Proposed by Councillor Raine

Seconded by Councillor Lancaster

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.

 

Cl/85/02/21

Review of Heart of Cumbria Limited

To consider the report of the Interim Director of Corporate Services which is to follow.

Minutes:

Councillors Chambers and Harker left the meeting at 9.51pm

Members considered report F3/21 from the Interim Director of Corporate Services which reviewed the Council’s wholly owned company Heart of Cumbria Ltd.