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(Public Pack)Agenda Document for Council, 10/11/2016 18:45

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(Public Pack)Agenda Document for Council, 10/11/2016 18:45 Date: 2 November 2016 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Council Agenda - 10 November 2016 Notice is hereby given and you are hereby summoned to attend a meeting of the Council to be held at 6.45 pm on Thursday, 10 November 2016 at the Council Chamber, Town Hall, Penrith. 1 Apologies for Absence 2 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. 3 Minutes RECOMMENDATION that: 1. the public minutes Cl/39/09/16 to Cl/53/09/16; and 2. the confidential minutes Cl/53/09/16 of the meeting of Council held on 8 September 2016 be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated). 4 Chairman's Announcements 5 Questions by the Public To receive questions from the public under Rule 10 of the Constitution 6 Questions by Members To receive questions from Members under Rule 12 of the Constitution 7 Motions on Notice (Pages 7 - 8) To consider motions on notice under Rule 13 of the Constitution Mr Matthew Neal www.eden.gov.uk Deputy Chief Executive 8 Heart of Cumbria Limited (Pages 9 - 14) To consider report CE24/16 of the Chief Executive which is attached and which enables the Council, as the shareholder of the Company, to nominate Members of the Council to become Directors of Heart of Cumbria Limited. RECOMMENDATIONS: 1. It is noted the Council has acquired the sole share in Heart of Cumbria Limited from Robin John Hooper for nil consideration. 2. That the following Members be nominated by the Council for appointment by Heart of Cumbria Limited as Directors of the Company: John Owen Mary Robinson Virginia Taylor or Malcolm Smith Gordon Nicolson Kevin Beaty 3. Heart of Cumbria Limited be recommended to appoint Councillor Owen as Chairman of the Company and Councillor Mrs M Robinson as Vice Chairman of the Company. 4. That Council note the update within this report. 5. It is noted the Executive may give a grant to the Company to cover operational expenses referred to in this report from within existing approved budgets. An addendum to this report will follow. 9 Kaber Parish Community Governance Review (Pages 15 - 28) To consider report G35/16 from the Deputy Chief Executive which aks members to note the results of the Community Governance Review consultation triggered by the request from Kaber Parish Council and decide upon the future governance arrangements for the parish. RECOMMENDATION that; 1. That the Parish Council for Kaber be abolished and revert to a Parish Meeting; and 2. That the Deputy Chief Executive be authorised to make an order and carry out all necessary legal steps in order to implement the above governance changes for Kaber Parish. 10 Review of the Constitution (Pages 29 - 152) To consider report number G33/16 from the Deputy Chief Executive which outlines www.eden.gov.uk 2 proposed changes to the Constitution to take account of the variations in the Executive and relating to the delegation to Officers and to consider undertaking the second Phase of the review of the Constitution which was previously approved. RECOMMENDATION that; 1. the changes to the Officer delegations which are attached to this report and the changes in relation to and arising from the variations in the membership of the Executive be approved; and 2. that the Deputy Chief Executive (Monitoring Officer) be given delegated authority to make changes to the Constitution upon responsibility for Development Management transferring from the Assistant Director Organisational Development to the Assistant Director Technical Services 11 2018 Review of Parliamentary Constituencies (Pages 153 - 200) To consider a report G37/16 from the Deputy Chief Executive which informs Members of the proposals of the Boundary Commission for England in relation to the 2018 Review of Parliamentary Constituencies and how they will affect Cumbria and Eden in particular, and to determine a means to enable the Council’s response to the consultation on them. RECOMMENDATION that; 1. no objection be made to the proposals of the Boundary Commission for England in relation to the 2018 Review of Parliamentary Constituencies; and 2. the submission which is included as an Appendix to this report be adopted by the Council as its response to the Boundary Commission’s review of the Parliamentary Constituency boundaries. 12 Annual Review of Council Tax Reduction Scheme (Pages 201 - 220) To consider report F89/16 from the Director of Finance which undertakes the annual review of the Council Tax Reduction Scheme (CTRS) and asks Members to decide whether the Scheme should be amended for 2017-2018, or remain unchanged. RECOMMENDATION that 1 The Council Tax Reduction Scheme remains unchanged for 2017-2018. 2 The next annual review is reported to Members in July 2017 13 Annual Audit Letter (Pages 221 - 236) To consider report F90/16 from the Director of Finance which sets out the Annual Audit Letter for 2015-2016 from the Council’s external auditor. RECOMMENDATION that it is recommended that Members receive the appended Annual Audit Letter for 2015-2016. www.eden.gov.uk 3 14 Treasury Management Strategy and Plan 2016-2017: Six-Monthly Review (Pages 237 - 266) To consider report number F91/16 from the Director of Finance which provides Members with a half-yearly report on the Strategy and Plan which is being pursued for Treasury Management during the financial year 2016-2017. RECOMMENDATION That the updates to the Treasury Management Strategy for 2016-2017, as detailed in Section 4 of the report, are approved. 15 December 2015 Flooding - Further Update (Pages 267 - 276) To consider report F87/16 from the Director of Finance which reviews actions taken on the recovery following the flooding in December 2015 and update on finances and budgets associated with this. RECOMMENDATION that; 1. the report is noted; 2. the recovery work undertaken and outlined at Section 3 is noted; 3. the budgets listed at section 8 be confirmed for inclusion in the Council's revised budgets for 2016-2017; and 4. that any unused budget in 2016-2017 is carried forward into 2017-2018. 16 Management of Leisure Services to be transferred back to Communities Portfolio (Pages 277 - 280) To consider report CD76/16 from the Assistant Director Technical Services which highlights the reasons for transferring the responsibility for management of leisure services back to the Communities portfolio. RECOMMENDATION To note that the responsibility for the management of the Leisure Services (Eden Leisure Centre and Appleby Swimming Pool, and Arts and Leisure) is transferred to Communities Portfolio from the Economic Development Portfolio. 17 Date of Next Scheduled Meeting The next scheduled meeting of Council will be held on 12 January 2017. www.eden.gov.uk 4 Yours faithfully Matthew Neal Deputy Chief Executive Democratic Services Contact: John Greenbank (Ext. 2275) Encs For Attention All members of the Council Chairman – Councillor M Tonkin (Independent Group) Vice Chairman – Councillor Mrs J Raine (Conservative Group) Councillors T Sheriff, Liberal Democrat Group T C Ladhams, Independent Group K Greenwood, Independent Group J C Lynch, Conservative Group A Armstrong, Conservative Group Mrs E Martin, Conservative Group D Banks, Independent Group Mrs A Meadowcroft, Conservative Group K Beaty, Conservative Group G Nicolson OBE, Conservative Group Miss P Breen, Conservative Group Mrs S Orchard, Conservative Group I Chambers, Conservative Group J Owen MBE, Conservative Group Miss M Clark, Independent Group W Patterson, Independent Group A Connell, Liberal Democrat Group Mrs M Robinson, Independent Group J Derbyshire, Liberal Democrat Group H Sawrey-Cookson, Independent Group M Eyles, Liberal Democrat Group R Sealby, Conservative Group Ms P Godwin, Independent Group M Slee, Conservative Group Mrs L Grisedale, Conservative Group M Smith, Independent Group A Hogg, Conservative Group V Taylor, Liberal Democrat Group D Holden, Liberal Democrat Group M Temple, Conservative Group R Howse, Liberal Democrat Group J G Thompson, Conservative Group S Jackson, Conservative Group J Tompkins, Liberal Democrat Group Mrs V Kendall, Conservative Group A Todd, Conservative Group www.eden.gov.uk 5 This page is intentionally left blank Agenda Item 7 Motion on Notice from Councillor K Greenwood It is noted that the 563 bus route is the sole public transport corridor linking Eden’s three largest towns, Penrith, Appleby and Kirkby Stephen, and intermediate villages such as Kirkby Thore, Temple Sowerby and Warcop. The Council recognises that the loss of the 563 bus route would be disastrous. It would seriously damage the lives of hundreds of Eden families, among them many already disadvantaged, who depend on it for access to work and education, health appointments, meeting relatives and friends, personal business, social contact and combatting isolation; it would be damaging to the reputation and economic and social future of Eden District and it may weaken the Eden Local Plan. The Council believes that the 563 bus route is commercially sustainable, but recognises that a future operator may need support to achieve maximum efficiency. This support may include assistance with the acquisition of a low floor bus suitable for the route; assistance in recruitment and/or training of qualified staff; assistance in the branding and marketing of the route to maximise custom, particularly in respect of tourism potential. And it is noted that Cumbria County Council as the Transport Authority at present has legal powers which may assist with this provision. That the Executive be requested to urgently explore ways with the County Council and “Operators” on what can be legally done and by whom to succeed in maintaining this important transport service.
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