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Agenda and draft minutes

Venue: The Council Chamber, Town Hall, Corney Place, Penrith, CA11 7QF

Items
No. Item

Cl/128/11/22

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Fearon, Harker and Lawson.

Cl/129/11/22

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:

No declarations of interest were made.

Cl/130/11/22

Minutes

RECOMMENDATION: that the public minutes Cl117/09/22 to Cl/127/09/22 of the meeting of Council held on the 22nd September 2022 be confirmed and signed as a correct record of those proceedings.

Minutes:

Proposed by Councillor Banks

Seconded by Councillor Eyles

 

and RESOLVED that the public minutes CI/117/09/22 to CI/127/09/22 of the meeting of Council held on the 22 September 2022 be confirmed and signed as a correct record of those proceedings.

Cl/131/11/22

Chair's Announcements

Minutes:

The Chair Announced that Eden District Council has been notified today by the Department of Levelling Up, Housing, & Communities that is has been awarded £1.3 Million grant funding to improve the condition of homes in the private rented sector, the funding will provide help and support to tenants and landlords.

 

The Chair discussed the recent events he had attended, such as:

A Keswick Mountain Rescue Reception event;

A Music event in the Council Chamber, where £480 was raised for the Chair’s Charities; and

University of Cumbria Graduation Ceremony at Carlisle Cathedral.

 

The Chair announced that the last Eden Chairman’s Carol Service will be held on the 12 December 6:30 at St Andrews.

 

Cl/132/11/22

Questions by the Public

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

 

Minutes:

Councillor Jonathan Davies asked the following question under Rule 10 of the Council and Committee Procedure Rules:

 

Does the leader agree that when we act as councillors, especially in public council meetings, we must be fully accountable and responsible for the words we use and the message given?

 

The Leader have the following response:

 

Councillors are indeed responsible and accountable for what they say at all times. The same words can, however, convey a range of different messages to different audiences. In writing the words and phrases used can be carefully prepared to ensure the meaning is unambiguous and as near as possible universal. In speaking however there is not time for that editing process. Things can be said which create meanings and implications in the listener which were unintended by the speaker. The gap between what’s meant and what’s received can be considerable and on occasion can create problems. At that point responsibility and accountability are delivered through apologies and explanations, and a reminder to self that full rehearsal is always preferable, however overstretched members and officers are at the current time.

 

Councillor Jonathan Davies asked the following supplementary question:

 

This Council has held me accountable on multiple occasions for comments I have made in a personal capacity.

 

At the Cabinet meeting held on Tuesday in Appleby, yourself as Leader spoke in that capacity as Leader of this Council and made a statement on the changes to Eden Council staff and employment moving to Westmorland and Furness Council.

 

As the Leader, you then added that not all staff, in particular the Officers’ of Eden Council would have roles in the new Westmorland and Furness Council, adding what can only be described as a bullying and intimidatory statement by yourself as Leader of Eden Council towards these Officers.

 

The statement made by yourself as Leader about Officers not having posts at Westmorland and Furness Council “only having themselves to blame” was summed up, I understand, by a statement that you yourself have made in the local RAG this week, with the Leader saying of your comments that they cannot be defended. As Leader of Eden Council you then described the comments as a spontaneous joke. Sitting in that Cabinet meeting I observed nobody laughing at the comments made by yourself. In fact I witnessed pain, anger, and betrayal on the faces of Officers’ of this Council to the comments made by yourself Cllr Taylor.

 

I shall go to my question now Chair.

 

I put my question to this entire Council through yourself Councillor Taylor. Can you continue to allow a person who has shown such disregard to the staff welfare with such comments, and evidently sees the future of staff employment as a joke, to remain as leader of this Council or will Members stand up to intimidatory and bullying actions of the leader of this council with a vote of no confidence in Cllr Taylor as Leader of Eden District Council for her indefensible actions in the role as  ...  view the full minutes text for item Cl/132/11/22

Cl/133/11/22

Questions by Members

To receive questions from Members under Rule 12 of the Constitution.

 

Minutes:

No questions on notice were received from Members.

Cl/134/11/22

Motions on Notice

To consider motions on notice under Rule 13 of the Constitution.

 

Minutes:

No motions on notice were received.

Cl/135/11/22

Allocation of Seats on Committees and Working Groups pdf icon PDF 240 KB

Please note: this report will be sent to follow.

Additional documents:

Minutes:

Members considered Report No: DoR93/22 of the Assistant Director Legal and Democratic Services which sought to propose the distribution of seats in accordance with the rules of political proportionality and to make appointments to the Committees for the remainder of the 2022/2023 municipal year.

 

Proposed by Councillor Banks

Seconded by Councillor Robinson

 

and RESOLVED that:

 

1.     the proposed allocation of seats as set out in this report be approved;

2.     the appointment of Members to Committees as set out in Appendix 2 be approved;

3.     the appointment of Members to Working Groups as set out in Appendix 3 be approved;

4.     the Green Group and Labour Group adopt a reciprocal arrangement where the nominated Members can act as Standing Deputies.

 

Appointment of Members to Committees:

 

Accounts and Governance Committee – 9 Members

Conservative Group

R Briggs, D Wicks, A Armstrong

Green Group                   

D Lawson

Independent Alliance

W Patterson

Independent Group

S Lancaster

Labour Group

0

Liberal Democrat Group

A Connell, M Eyles, N McCall

Standing Deputies           

A Meadowcroft, A Todd, C Atkinson,

A Ross,

D Banks,

D Ryland,

P Baker, L Harker, D Smith

 

Overview and Scrutiny Committee – 12 Members

Conservative Group

G Nicolson, J Raine, D Wicks

Green Group                   

0

Independent Alliance

D Banks, W Patterson

Independent Group

D Ryland, M Clark

Labour Group

M Hanley

Liberal Democrat Group

D Holden, G Simpkins, D Smith, R Burgin

Standing Deputies           

P Dew, A Todd, C Atkinson

A Ross,

S Lancaster,

D Lawson

P Baker, M Eyles, N McCall, A Connell

 

Finance Scrutiny Committee – 9 Members

Conservative Group

P Dew, G Nicolson, D Wicks

Green Group                   

0

Independent Alliance

W Patterson

Independent Group

D Ryland,

Labour Group

M Hanley

Liberal Democrat Group

P Baker, N McCall, R Burgin

Standing Deputies           

C Atkinson, R Briggs, A Meadowcroft,

D Banks,

S Lancaster,

D Holden, L Harker, G Simpkins

 

Human Resources and Appeals Committee - 9 Members

Conservative Group

R Briggs, J Raine, A Meadowcroft

Green Group                   

0

Independent Alliance

D Banks, M Robinson

Independent Group

M Clark

Labour Group

0

Liberal Democrat Group

R Burgin, G Simpkins, V Taylor

Standing Deputies           

I Chambers, D Wicks, C Atkinson

K Greenwood, W Patterson,

D Ryland

A Connell, J Derbyshire, M Eyles

 

Licensing Committee - 10 Members

Conservative Group

C Atkinson, A Meadowcroft, J Raine

Green Group                   

D Lawson

Independent Alliance

M Tonkin

Independent Group

H Sawrey-Cookson

Labour Group

M Hanley

Liberal Democrat Group

P Baker, L Harker, D Holden

Standing Deputies

I Chambers, D Wicks

A Ross,

D Banks,

L Sharp,

S Lancaster,

M Eyles, G Simpkins, N McCall

 

Planning Committee - 11 Members

Conservative Group

I Chambers, D Wicks, E Martin

Green Group                   

A Ross

Independent Alliance

W Patterson, D Banks

Independent Group

H Sawrey-Cookson

Labour Group

0

Liberal Democrat Group

D Holden, M Eyles, G Simpkins, P Baker

Standing Deputies

R Briggs, A Meadowcroft, G Nicolson,

M Hanley

K Greenwood,

M Clark,

L Harker, D Smith, N McCall, R Burgin

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment of Members to Working Groups:

 

Zero Carbon Working Group

 

Conservative  ...  view the full minutes text for item Cl/135/11/22

Cl/136/11/22

Single Site Programme pdf icon PDF 250 KB

To consider report no: DCE55/22 of the Deputy Chief Executive and Interim Director of Resources, which seeks to provide an update on the construction programme for Voreda House and to identify funding for its completion.

 

RECOMMENDATION:

 

It is recommended that Council:

 

1.    Notes progress on the delivery of the key project objectives.

 

2.    Approves the variation in the capital programme to enable the completion   of the project as detailed in section 8.3 of the report.

 

3. Approves the amendment in funding as set out in 8.5 of the report.

Minutes:

Members considered Report No: DCE55/22 of the Deputy Chief Executive and the Interim Director of Resources which sought to provide an update on the construction programme for Voreda House and to identify funding for its completion.

 

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

 

Members raised a number of queries and comments:

 

A Member noted that partial funding would come from an increase in capital receipts. They asked if this could be expanded upon.

 

The Interim Director of Resources stated that they were anticipating additional funding through the sale of land.

 

A Member referred to 5.3 of the report and that Council approved the procurement process in October 2021. He had looked for this and a report labelled CE12/21 was considered by Cabinet on the 7 of October 2021. The recommendation involved an invitation to Council to authorise the procurement programme. They noted that they cannot find a public record of these decisions and that this does not seem to have happened. The Member asked if Cabinet’s recommendations were approved, who approved it and when?

 

The Resources Portfolio Holder responded that a written response would be provided.

 

A Member queried why was the procurement process wasn’t competitive. He noted that 5 contractors withdrew. They queried why the Council’s procurement rules were evaded.

 

The Deputy Chief Executive responded that the tendering process was competitive, It went out to tender and there were 5 expressions, 4 ended up withdrawing, this was within the competitive process.

 

A Member queried why the financial information given by the Resources Portfolio Holder tonight not included in the report. As the information in section 8 of the report is rather difficult to follow.

 

The Resources Portfolio Holder commented that the Member was a member of both the Finance Scrutiny Committee and of the Single Site Group. She stated that there were opportunities for the Member to attend these meetings and these matters were brought up and discussed in depth at these meetings.

 

The Interim Director of Resources stated that in reference to the earlier query on who approved Cabinet’s recommendations that this was included in the Quarter 2 Revised Budget 2021/22 and Medium Term Financial Plan, this was approved at Council on the 25 November 2021.

 

A Member asked why these new issues with the building were not picked up on the structural survey.

 

The Deputy Chief Executive responded that they undertook a number of structural surveys, the asbestos in the building could not have been picked up on these surveys as it was hidden within the structure and could not have been identified until the building was pulled apart. He commented that he was satisfied that the surveys carried out prior to purchase was correct and in line with best practice and the additional asbestos that has been identified subsequently could not have been identified through that approach.

 

A Member commented that given that it was a 60s building that there should have been an assumption that there was asbestos in more places than one.

 

A  ...  view the full minutes text for item Cl/136/11/22

Cl/137/11/22

Leisure Contract Pressures pdf icon PDF 136 KB

To consider report no: DoR91/22 of the Interim Director of Resources, which seeks to consider pressures identified by Greenwich Leisure Limited (GLL) and consider making an additional one off payment to support them given the significant additional energy costs they have borne due the current economic circumstances.

 

RECOMMENDATION:

 

It is recommended that the Council:

 

1.    Approves a one off payment of £325,000 to GLL, in recognition of the additional energy costs that they have borne in 2022/23.

 

2.    The additional payment to be funded by a combination of earmarked reserve (£200k) and general reserve (£125k).

Minutes:

Members considered Report No: DoR91/22 of the Interim Director of Resources which sought to consider pressures identified by Greenwich Leisure Limited (GLL) and consider making an additional one off payment to support them given the significant additional energy costs they have borne due the current economic circumstances.

 

19:31 Councillor Connell left the chamber

 

19:32 Councillor Connell entered the chamber.

 

Proposed by Councillor Greenwood

Seconded by Councillor Sharp

 

A Member asked if the Council is going to step up for other contractors, for example the waste collectors will also be impacted by the cost of fuel. They asked will there be equality for all Eden’s Contractors.

 

The Deputy Chief Executive responded that they had not been approached by other contractors, this would be dealt with as and when it happened.

 

A Member queried who is responsible for the lighting on the carpark of the leisure centre as this was on 24 hours a day and would cause significant expense. They also asked what were the terms of the contract and when did it run out.

 

The Interim Director of Resources responded that it is a purchasing contract, they buy in bulk, it is a variable contract which is not fixed, and this is how bigger organisations buy energy.

 

A Member queried the recent press reports by GLL’s parent company will be reducing hours at 200 locations. They asked if we give GLL this money what period will it cover and will our centres be immune to this reduction in hours.

 

The Interim Director of Resources responded that the period is to March, and yes Eden’s centres will be immune to a reduction in hours.

 

A Member asked for clarification on the financials listed in the report. They asked how this is a functioning contract as GLL as not making the business pay. What is going to change after we give them the one off payment of £325,000. This contract is a bit of a liability to offload to the Westmorland and Furness Council.

 

The Interim Director of Resources responded that the contract is functioning in that it is delivering the services within the contract. Westmorland and Furness will be made aware that there is a pressure there and this pressure is built in to the budget gap of the new authority.

 

A Member commented is there not a way to make the building more energy efficient.

 

The Green Growth Portfolio Holder commented that they are currently undertaking an energy efficient programme on the Leisure Centre Buildings to see where savings can be made through installation and energy efficiency.

 

A Member commented that he was the outside representative for GLL, in the 3-4 years he had sat as that representative there had never been a single meeting called.  He felt like this was a failed business model, and that we should put a consultant into GLL in order to improve the business model.

A Member commented that in July 2014 a renewable energy study and business case regarding the leisure buildings  ...  view the full minutes text for item Cl/137/11/22

Cl/138/11/22

Q4 2021/2022 Revenue and Capital Slippage pdf icon PDF 244 KB

To consider report no: DoR87/22 of the Interim Director of Resources, which seeks that Council approve the slippage in Revenue and Capital budgets from 2021-22 to 2022-23.

 

RECOMMENDATION:

 

The Council is recommended to:

 

1.    Approve the slippage of Revenue budgets of £206k from 21/22 to 22/23 as set out in Section 3.5 and endorsed by Cabinet.

 

2.    Approve the slippage of Capital budgets of £1,355k from 21/22 to 22/23 as set out in Section 3.11 and endorsed by Cabinet.

Minutes:

Members considered Report No: DoR87/22 of the Interim Director of Resources which sough that Council approve the slippage in Revenue and Capital budgets from 2021 – 22 to 2022 – 23.

 

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

 

A Member queried at 3.6 of the report, that this should say 21/22 not 22/23. At the Finance Scrutiny Committee we were given the impression that the EV Charging Points and Frenchfield Stadium might slip into 23/24. If this happens what guarantees is there that Westmorland and Furness will actually honour these agreements.

 

The Interim Director of Resources responded that when the new Westmorland and Furness Council is established after vesting day the control will sit with them. At the moment the budgets are being built from the sovereign authorities. The new Council will have its own priorities.

 

The Member queried if it is it likely that these projects will slip into 23/24.

 

The Deputy Chief Executive responded that that is correct.

 

RESOLVED that the Council:

 

1.     Approve the slippage of Revenue budgets of £206k from 21/22 to 22/23 as set out in Section 3.5 and endorsed by Cabinet

2.     Approve the slippage of Capital budgets of £1,355k from 21/22 to 22/23 as set out in Section 3.11 and endorsed by Cabinet.

 

 

Cl/139/11/22

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as

Minutes:

The date of the next meeting of Council was confirmed as being 26 January 2023.