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Agenda and minutes

Venue: Council Chamber, Town Hall, Penrith

Items
No. Item

Cl/21/07/18

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Lynch, Meadowcroft, Patterson, Temple, Thompson and Tompkins.

Cl/22/07/18

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 Nicolson declared that he had an other Registerable Interest with regard to agenda item 10 in that he was a Director of Heart of Cumbria Limited. Following advice from the Monitoring Officer, he stated that he would remain in the room and take part in the debate but not vote on this item.

 

Councillor Owen declared that he had an other Registerable Interest with regard to agenda item 10 in that he was a Director of Heart of Cumbria Limited. Following advice from the Monitoring Officer, he stated that he would remain in the room and take part in the debate but not vote on this item.

 

Councillor Breen declared that she had an other Registerable Interest with regard to agenda item 10 in that she was a Director of Heart of Cumbria Limited. Following advice from the Monitoring Officer, she stated that she would remain in the room and take part in the debate but not vote on this item.

 

Councillor Jackson gave a personal explanation regarding item 10 on the agenda as he was Chairman of Penrith Town Council.

 

Councillor Eyles gave a personal explanation in that he intended to record the meeting for private purposes.

Cl/23/07/18

Minutes

RECOMMENDATION that the public minutes Cl/1/05/18 to Cl/20/05 /18 and of the meeting of Council held on 10 May 2018 be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that the minutes Cl/1/05/18 to Cl/20/05/18 of the meeting of Council held on the 10 May 2018 be confirmed and signed by the Chairman as a correct record of those proceedings.

Cl/24/07/18

Chairman's Announcements

Minutes:

I would like to start these announcements by welcoming Rose Rouse, the Council’s new Chief Executive to her first full Council Meeting. Rose, we wish your every success in your job here with us and I am sure Members and officers will give you their full support and look forward to working with you in the months ahead.

This week, I was delighted to present representatives from my chosen charities Hospice at Home Carlisle and North Lakeland and the Great North Air Ambulance, with the money raised at all of the Chairman’s events held during the past 12 months. In total, each charity benefitted from over £2,100 which is a fantastic amount of money to raise. I would again like to thank all the businesses, community organisations, Councillors and individuals who have given their support. 
  

Yesterday, Councillor John Thompson and I attended the Cumbria School Games which were held in Carlisle to cheer on Team Eden. I am proud to announce that Team Eden won the Games, which was a great achievement by all concerned. The Cumbria School Games is organised by Active Cumbria each year and is a fantastic event which schools from across the county really enjoy participating in.

I would like to remind community groups and sports clubs in Eden that the next round of applications for the Eden Community Fund closes on 7 September 2018. So if you are planning any events or projects with a wider community benefits now is a good time to speak to the Council’s Communities Team for advice about your application well before the deadline.

Over the past few weeks I have attended the following events on behalf of the Council, the Community Heroes Awards ceremony in Carlisle, the Mayor Making ceremonies in Appleby, Carlisle and Kendal and Vice Chairman Cllr Patterson attended the price giving ceremony at Hunter Hall School in Penrith.

Cl/25/07/18

Questions by the Public

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

 

Minutes:

The following questions were received from members of the public under Rules 10 of the Constitution.

 

1.            Mr Matt Baker asked the following question of the Leader.

 

Considering the scale of the Eastern Bypass Development, its need for expensive roads and schools, and the reliance on central Government funding and economic growth, which is not guaranteed due to Brexit, what is plan B, or are all the Council’s eggs being placed in one basket?”

 

The Leader responded as follows:

 

The A66 is being upgraded and as a result there will be opportunities for Penrith and wider Eden to grow our economy.

 

As the Leader of the Council it would be wrong for me not to bring forward a plan to take advantage of this opportunity and to deliver on our Council plan to provide decent homes for everyone and higher paid jobs.

 

The emerging Masterplan is deliberately ambitious and we have taken on comments from Stakeholders and changes have been made to the plan. We intend to engage with the public after the summer so keep your eye out for events.

 

The plan may change as a result of consultations, as it has over the past few months.

 

I can’t comment on what Brexit will or will not deliver, but you can rest assured that the best interests of the people of Eden are always at the forefront of our decisions.”

 

Mr Baker then asked a supplementary question of the Leader, querying whether other plans and alternatives would be considered during the consultation process.

 

The Leader responded that the Masterplan shows the current preferred option, and it will explain why other plans have been discounted.

 

2.            Ms Tatania Harrison asked the following question of the Leader.

 

Could the Leader of the Council explain how the proposed major road in the master plan will be funded, whether fully funded by Cumbria County Council and the developers and if so how will it be divided between the two?”

 

The Leader responded as follows:

 

There is concern as to how any upgrade to the A66 will affect the south of Penrith which is heavily congested at times and is the only place in Eden with an emerging air quality problem.

 

You will have seen, no doubt, that we were asking the Highways Agency to look at different options and I am particularly concerned about how works are completed around Kemplay Bank.

 

As you know we have been creating a Masterplan for Penrith to take advantage of opportunities and to deliver on our Council Plan, (a draft version of the plan has been quoted in the press recently).

 

After meeting with stakeholders as we create our masterplan, we will be making changes to the plan over the summer before we begin a process of engagement with the public to show what is achievable and how we can benefit the town and wider district by creating new homes and employment areas.

 

Although we still believe a North-Eastern link road would be  ...  view the full minutes text for item Cl/25/07/18

Cl/26/07/18

Questions by Members

To receive questions from Members under Rule 12 of the Constitution

 

Minutes:

The following questions were received from Members under Rule 12 of the Constitution.

 

1.            Councillor Banks asked the following question of the Services Portfolio Holder.

 

Will all Parishes who have agreed to adopt their footway lighting be allocated hinged poles and led lamps.”

 

The Services Portfolio Holder responded as follows:

 

All approved lights transferred to the Town and Parish Councils will have LED lamps.

 

Where the Council are putting up new columns these will be hinged. Where the Council has already replaced the lights with new columns, some of which are not hinged, these will not be changed.”

 

Councillor Banks then asked a supplementary question querying whether or not all poles would be hinged, and if you, could all parishes be contacted and informed of this?

 

Councillor Todd explained that some of the lights had only been in place for a short period of time, in some cases a matter of months, and it would not be cost effective to replace them. He also confirmed that all parishes would be informed of this.

 

2.            Councillor Holden asked the following question of the Leader.

 

With regard to Council Agenda item 9, in Appendix A,  point 9 to the report , the planned equity purchase  of £1m worth of shares did not occur within the 2017/18 financial year, presumably because the acquisition of affordable housing was not completed.  Has Heart  of Cumbria Ltd completed this purchase?  If so could the Leader please provide details as to when the purchase was completed?”

 

The Leader responded as follows:

 

I understand that Heart of Cumbria has completed the purchase of seven properties so far.”

 

Councillor Holden then asked a supplementary question querying how many of the properties are occupied, and what date they were occupied from.

 

The Leader responded that the houses had just been purchased and the final fixtures and fittings were being put in place.

 

3.            Councillor Nicolson asked the following question of the Chairman of the Accounts and Governance Committee.

 

It is legitimate for Members of Council to record meetings of Council and its Committees. If a Member records a meeting and subsequently uses recorded information from the meeting to frame a question for Members of the Executive or a Chair of a Committee, what obligations does Council place on the Member doing this.”

 

The Chairman of the Accounts and Governance Committee responded as follows:

 

a)         Yes.  I am advised that the 2014 Openness of Local Bodies Regulations establish this right.  The practice now adopted by Cumbria County Council accords with this advice.

b)         None at present.  It is not apparent that the Council could place any restrictions on the use made of a recording of its public proceedings legitimately made by a Member.  There might be scope for a protocol on recording of meetings in the EDC Constitution.  This could be discussed by a future meeting  of the Accounts and Governance Committee.”

 

Councillor Nicolson then asked a supplementary question querying what section of the Member’s Code  ...  view the full minutes text for item Cl/26/07/18

Cl/27/07/18

Motions on Notice pdf icon PDF 38 KB

To consider motions on notice under Rule 13 of the Constitution

 

Minutes:

The following Motion on Notice had been received under Rule 13 of the Constitution.

 

Proposed by Councillor Raine

Seconded by Councillor Banks and RESOLVED that:

 

In the last 2 and a half years, 94 care home beds have been lost in Eden. In the latest Eden carers newsletter they are advising people to look outside the district for respite care.

 

During the consultation on the Future of Edenside Care home Cumbria County Council stressed it was important to have a plan B if the home closed. Edenside was finally closed on 22 September 2016. Nearly two years on and this Council still does not know what Cumbria County Council’s plan B is.

 

This Council is aware that Cumbria County Council is building extra provision care homes elsewhere in the County. This Council needs to know what the County Council’s plans are for provision of care in Eden.

 

The lack of care provision is not only letting down the residents of Eden district but it is also effecting the economy. If families have no choice but to move elderly relatives to another part of the country for specialist care, the overnight accommodation regular needed for family members when visiting their loved ones is lost to this district.

 

This Council is therefore instructing its Chief Executive to write to Cumbria County Council’s Chief Executive enquiring what plan B is and if it is progressing.  

Cl/28/07/18

Community Governance Review for Eden District - Final recommendations - Resources Portfolio Holder pdf icon PDF 90 KB

To consider report G72/18 from the Deputy Chief Executive which is attached and which seeks to enable consideration be given to the recommendations of the Community Governance Working Group following the conclusion of the second stage of consultation.

 

RECOMMENDATIONS:

 

1.         It is recommended that approval be given to  the following changes to the governance arrangements of certain parishes within Eden District as follows:

a)         Barton Parish Council be re-named ‘Barton and Pooley Bridge Parish Council’;

b)         the administrative area of Hutton Parish Council be increased to include the Motherby  Parish Ward of Greystoke Parish Council with the expanded Hutton Parish Council to remain wholly unwarded;

c)         the number of Parish Councillors for Hutton Parish Council be increased from eight to nine;

            d)         the number of Parish Councillors for Greystoke Parish Council be reduced from nine to eight with the arrangements for the remaining Parish Wards of Greystoke, Johnby and Blencowe staying unchanged;

            e)         the current Ousby Parish Council be dissolved;

f)          a new unwarded Parish Council be created using the current boundary of Ousby (Ousby) Ward, called ‘Ousby Parish Council’, with the number of parish councillors being  five;

g)         a new unwarded Parish Council be created using the boundary of Ousby (Melmerby) Ward, called Melmerby Parish Council’, with the number of parish councillors being five;

h)         Thrimby Parish Meeting be merged with Little Strickland Parish Meeting; and

i)          the number of councillors for Penrith Town Council be reduced from nineteen to fifteen.

2.         The Deputy Chief Executive be authorised to make all necessary orders to effect the above changes.

 

Minutes:

Members considered report G72/18 from the Deputy Chief Executive which sought to enable consideration to be given to the recommendations of the Community Governance Working Group following the conclusion of the second stage of consultation.

 

Proposed by Councillor Banks

Seconded by Councillor Eyles

 

and RESOLVED that

 

1.            Approval be given to the following changes to the governance arrangements of certain parishes within Eden District as follows:

 

a)         Barton Parish Council be re-named ‘Barton and Pooley Bridge Parish Council’;

b)         the administrative area of Hutton Parish Council be increased to include the Motherby  Parish Ward of Greystoke Parish Council with the expanded Hutton Parish Council to remain wholly unwarded;

c)         the number of Parish Councillors for Hutton Parish Council be increased from eight to nine;

            d)         the number of Parish Councillors for Greystoke Parish Council be reduced from nine to eight with the arrangements for the remaining Parish Wards of Greystoke, Johnby and Blencowe staying unchanged;

            e)         the current Ousby Parish Council be dissolved;

f)          a new unwarded Parish Council be created using the current boundary of Ousby (Ousby) Ward, called ‘Ousby Parish Council’, with the number of parish councillors being  five;

g)         a new unwarded Parish Council be created using the boundary of Ousby (Melmerby) Ward, called Melmerby Parish Council’, with the number of parish councillors being five;

h)         Thrimby Parish Meeting be merged with Little Strickland Parish Meeting; and

i)          the number of councillors for Penrith Town Council be reduced from nineteen to fifteen.

2.         The Deputy Chief Executive be authorised to make all necessary orders to effect the above changes.

Councillor Orchard abstained from the vote for resolutions e), f) and g).

Cl/29/07/18

Capital Expenditure 2017-2018 Outturn and Revised 2018-2019 Programme - Resources Portfolio Holder pdf icon PDF 93 KB

To consider report F48/18 from the Director of Finance which is attached and which seeks to advise Members of capital expenditure for the financial year 2017-2018, together with the means by which it was funded, and present an amended Capital Programme for 2018-2019, to take account of a revision of projected resources and other factors affecting the Council’s Capital Programme and the impact of the 2017-2018 outturn, subject to audit.

 

RECOMMENDATIONS that:

 

1.         The outturn for 2017-2018, subject to audit, as set out in Appendix A, be noted.

2.         The amended Programme for 2018-2019, as set out in Appendix B, be agreed.

3.         No new schemes are included in the Programme, unless fully grant-funded, formally approved by Council, or emergency schemes.

 

Minutes:

Members considered report F48/18 from the Director of Finance which sought to advise Members of capital expenditure for the financial year 2017-2018, together with the means by which it was funded, and present an amended Capital Programme for 2018-2019, to take account of revision of projected resources and other factors affecting the Council’s Capital Programme and the impact of the 2017-2018 outturn, subject to Audit.

 

Proposed by Councillor Breen

Seconded by Councillor Owen

 

and RESOLVED that:

 

1.            The outturn for 2017-2018, subject to Audit, be noted.

 

2.            The amended Programme for 2018-2019 be noted.

 

3.            No new schemes are included in the Programme, unless fully grant-funded, formally approved by Council, or emergency schemes.

Cl/30/07/18

Heart of Cumbria Limited - Audit Exemption - Leader Portfolio pdf icon PDF 65 KB

To consider report F53/18 from the Director of Finance which is attached and which seeks to request an audit exemption for 2017-2018 for the Heart of Cumbria Limited’s accounts.

 

RECOMMENDATIONS that:

 

1.            approval be given to an audit exemption for Heart of Cumbria Limited for the financial year 2017-2018;

2.            subject to recommendation 3 below, it be agreed that a guarantee be given by the Council in respect of the liabilities of Heart of Cumbria Limited for 2017-2018; and

3.            it be noted that there are no material liabilities still outstanding relating to the financial year 2017-2018.

Minutes:

Members considered report F53/18 from the Director of Finance which sought to request an audit exemption for 2017-2018 for the Heart of Cumbria Limited’s accounts.

 

Proposed by Councillor Beaty

Seconded by Councillor Banks

 

and RESOLVED that:

 

1.            Approval be given to an audit exemption for Heart of Cumbria Limited for the financial year 2017-2018;

 

2.            Subject to resolution 3 below, it be agreed that a guarantee be given by the Council in respect of the liabilities of Heart of Cumbria Limited for 2017-2018; and

 

3.            It be noted that there are no material liabilities still outstanding relating to the financial year 2017-2018.

Cl/31/07/18

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as 6 September 2018.

Minutes:

The date of the next scheduled meeting was confirmed as 6 September 2018.