CUMBRIA COUNTY COUNCIL

Minutes of the MEETING of the CUMBRIA COUNTY COUNCIL held at County Offices, Kendal on Tuesday, 20 April 1999 at 10.00 am.

PRESENT

Councillor R Calvin (Chair)

Councillors Councillors

Mr RJS Addison Mr CAA Miles Mr M Ash Mr W Minto Mr DK Banks Mr JJ Moffat Mr AD Baxter Ms J Murphy Mr RK Bingham Mr AD Nicholson Mr J Bland Mr EW Nicholson Mrs A Burns Mr J Nicholson Mr W Cameron Mr CF Nineham Mrs BA Cannon Mrs A Parker Mr A Clark Mr TH Pearson Mr DT Clarke Mr P Phizacklea Mr JR Collier Mr JR Richardson Mr EC Davies Mr ML Richardson Mrs M Dinning Mr JRD Robinson Mr RSJ Edgar Mr JS Samson Mr NJ Findley Mr NM Shaw Mr JH Garnett Mr W Smith Mrs A Glendinning Mr CJ Southward Mrs PM Halfpenny Mr DE Southward Mr KR Hamilton Ms TD Stainton Mr T Heslop Mrs JE Stocker Mr D Holmes Mr TC Stoddard Mr AM Horne Mr R Strike Mr G Humes Mr ARM Toft Mr PJ Irving Mr A Toole Mr PC Jackson Mr RV Turner Mr JD Jefferson Mr PD Tyson Mr W Johnston Mrs MM Warburton Mr MG Jowett Mr R Watson Mrs WA Kolbe Mr RJ Webster Mr WJ Ladell Mr K Wilkinson Mr SAJ Leyton Mr ER Wilson Mr L Lishman Mr R Woodward Mrs EA Mallinson Mr J Woolley Mr J Mallinson Mr SF Young Mr SJ Matthews Mr D Youngman Mr JB McAllister

Apologies for absence were received from Mr GE Champney and Mrs ARM Martin.

125. DECLARATIONS OF INTEREST

The following Members declared non-pecuniary interests in the items indicated:- Mr DK Banks, 6(d), Economic and Environmental Development Budget, as a Member of the Cumbria Inward Investment Agency and 6(n), Whitehaven Development Company - Amendment to Shareholders’ Agreement, as a Member of the Whitehaven Development Company.

Mr AD Baxter, 6(d), Economic and Environmental Development Budget, as a Member of Made in Cumbria.

Mr W Cameron, 6(i), Community Regeneration Fund - St Michael’s Area Regeneration Team (SMART), as a Director of the Groundwork Trust.

Mrs BA Cannon, 6(d), Economic and Environmental Development Budget, in respect of her Membership of the Cumbria Tourist Board and 6(n), Whitehaven Development Company - Amendment to Shareholders Agreement as the Chairman of North Cumbria Health Authority.

Mr A Clark, 6(d), Economic and Environmental Development Budget, as a Member of the Cumbria Inward Investment Agency.

Mrs A Glendinning, 6(d), Economic and Environmental Development Budget, as a Director of the Cumbria Inward Investment Agency.

Mrs PM Halfpenny, 6(g), Central Maintenance Fund 1999/2000 and 2000/2001, as a Governor of John Ruskin School.

Mr AM Horne, 6(d), Economic and Environmental Development Budget, as a Director of both Cumbria Inward Investment Agency and Furness Enterprise.

Mr PC Jackson, 6(g), Central Maintenance Fund 1999/2000 and 2000/2001, as Chairman of Governors of Grange School.

Mrs EA Mallinson, 6(c), The Education Capital Programme 1999/2000 as a Governor of Stanwix School.

Mr J Mallinson, 6(g), Central Maintenance Fund 1999/2000 and 2000/2001, as a Governor of Belah Primary School.

Mr W Minto, 6(d), Economic and Environmental Development Budget, as a Director of Cumbria Inward Investment Agency.

Mr AD Nicholson, 6(d), Economic and Environmental Development Budget, as a Director of Furness Enterprise.

Mrs A Parker, 6(d), Economic and Environmental Development Budget, as a Member of Cumbria Tourist Board.

Mr JR Richardson, 6(g), Central Maintenance Fund 1999/2000 and 2000/2001 as a Governor of Yarlside School.

Mr NM Shaw, 6(d), Economic and Environmental Development Budget, as a Member of Cumbria Tourist Board.

Mrs JE Stocker, 6(c), The Education Capital Programme 1999/2000, as a Co-opted Governor of the Lakes School.

Mr TC Stoddard, 6(d), Economic and Environmental Development Budget, as a Director of Cumbria Inward Investment Agency.

Mr RV Turner, 6(d), Economic and Environmental Development Budget, as Chairman of the North Pennines Heritage Trust. Mr PD Tyson, 6(i), Community Regeneration Fund - St Michael’s Area Regeneration Team (SMART), as a Director of the Groundwork Trust.

Mr K Wilkinson, 6(d), Economic and Environmental Development Budget, as a Member of the Cumbria Tourist Board.

Mr ER Wilson, 6(d), Economic and Environmental Development Budget, as a Member of the Cumbria Tourist Board.

Mr SF Young, 6(d), Economic and Environmental Development Budget, as a Director of Cumbria Inward Investment Agency and 6(g), Central Maintenance Fund 1999/2000 and 2000/2001, as a Governor of Petteril Bank School.

126. MINUTES

RESOLVED, that the Minutes of the Meeting of the County Council held on 23 March 1999 be confirmed, and thereupon signed by the Chair.

127. ANNOUNCEMENTS AND COMMUNICATIONS

(1) The Chairman reported that Mr Edward Acland, who had represented the Upper Kent Electoral Division since 1989, had resigned from the Council on 23 March 1999. A By-Election would be held on 6 May 1999.

(2) The Chairman announced that Mr David Wilson, who represented the Central (Barrow) Electoral Division, had resigned from the Council on 1 April 1999.

(3( The Chairman took great pleasure in reporting that Mr Stephen Hanley had made his full debut for the England Rugby Union Team on 11 April 1999 in the match against Wales. Mr Hanley had marked his debut by scoring a try. Although he now played for Sale, he had until recently played for Aspatria and had commenced his Rugby career with the Whitehaven Warriors Academy.

(4) The Chairman congratulated the Rink from Carlisle Indoor Bowling Club, skippered by Trevor Taylor, on winning the English National Indoor Fours Championship on 12 April 1999.

(5) With great regret the Chairman reported to Members the sad death from meningitis of Dawn Gearing, a 12 year old, Year 8 pupil at Morton School, Carlisle. He felt sure that all Members would join with him in offering the Council’s sympathy to her parents.

Mrs BA Cannon, the Chairman of the North Cumbria Health Authority advised that the Health Authority had vaccinated and distributed antibiotics to all the pupils and staff at Morton School. All Dawn’s immediate family had been inoculated and there were no signs of the illness in the family. She was advised by the medical team involved that there was no need for vaccination of the wider community.

Standing Order No 9(b)(2) - Questions

The Chairman advised that he had been approached by Mr ARM Toft with a request to put a question relating to urgent business. He had acceded to Mr Toft’s request. Mr Toft advised that he would like to apply for an emergency debate following the revelation the previous day in local newspapers that 15 Headteachers had made a formal complaint to the Secretary of State for Education requesting an investigation into the Local Education Authority. He understood that alternatively they were requesting that the Audit Commission investigate the way that the County Council had allocated additional money to schools in its budget. He emphasised that he had not seen the letter to the Secretary of State but had only seen recent press reports. However he understood the Chief Executive did have a copy of the letter.

He was concerned by the views expressed by the Headteachers and the implications for the education of pupils. He understood that many schools would be required to make cuts in teacher numbers and that maintenance budgets had been severely reduced.

He considered that it would be helpful for the Secretary of State to know that the County Council was taking the matter seriously and he asked that if a debate could not be held at this Meeting that the Education Committee be re-formed to enable Heads and teacher representatives to participate in the debate. He expressed surprise that the matter had not been raised at the recent Meeting of the Education Forum.

In responding the Leader of the Council advised that he accepted the Chairman’s ruling but did not consider it to be a matter of emergency business for the Council when a small number of Headteachers attempted to create an issue in the press. The Education Committee would not be reconvened, the Council having adopted new structures which provided a vehicle for debate. The issues now being raised should have been discussed at the Council’s Budget Meeting. The LMS Working Group, which had done much detailed work on the LMS Scheme, provided another avenue for debate.

In the past schools had received extra funding at the expense of other services such as Social Services and Highways and the Headteachers in question appeared to have lost sight of this fact. He acknowledged that if a complaint had been made it should be investigated. However, he was certain that the investigation would find nothing untoward as all the issues had been fully explained in the recent budget round. Extra resources had been provided for adult education and school transport and the Headteachers in question appeared to be having difficulty placing the funding of schools in the general context of education provision and the County Council’s responsibilities to other services

At the last Meeting of the Council the County Council had agreed to commission the District Auditor to conduct a survey of education services as part of the current year’s audit and he considered that this showed the open approach being taken by the County Council to the funding of schools.

He ended by expressing his disappointment that the Headteachers had submitted their complaint to the press before they had put it before Members. They had submitted a detailed document which it had not yet been possible to respond to as the Director of Education had only received it the day before.

The Spokesperson for Education advised that he had only seen the document that morning. He expressed his regret that Headteachers did not feel able or willing to work closely with the LEA. He expressed his intention to expand the LMS Working Group to included more Headteachers, and representatives of the Conservative and Liberal Democrat Groups. He advised that this approach was being taken because it was only by sitting down together and talking could all the Groups involved reach consensus. The County Council’s accounts were open to inspection by the Headteachers and they were more than welcome to do so and in fact an offer to that effect had already been made before they submitted their complaint. He was disappointed that they had not seen fit to take up that offer and to discuss the issues with Members.

He advised that there was a positive message about education within the County with increased investment in schools and education provision but to get the most out of this investment and to get the maximum benefit for pupils it was important that Headteachers were willing to sit down with Members to discuss issues.

The Deputy Leader of the Council expressed his disappointment at the approach the Headteachers had taken. They had been offered the opportunity to become involved in the LMS Working Group and been advised that they could look at the County Council’s accounts. However, they did not appear to want to participate in such a way. He advised that Members were still prepared to work with them to take the matter forward if they so wished. He stressed that it would be infinitely better for the children of Cumbria if the Headteachers in question were prepared to work with Members and he hoped that they would take up the renewed offer to take places on the LMS Working Group.

The Leader of the Council concluded by advising that the complaint would be considered by a future meeting of the LMS Working Group and a response would be made to the complainants.

The Chairman advised that under the provisions of the Standing Order there would not be a debate on the question put by Mr Toft.

128. ADMISSION OF PRESS AND PUBLIC

RESOLVED, that under Section 100A(4) of the Local Government Act 1972 (as amended) the press and public be excluded from the Meeting during consideration of Agenda Item 6(n), "Whitehaven Development Company - Amendment to Shareholders’ Agreement" on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Act.

129. REPORTS OF COMMITTEES, PANELS AND OFFICERS

The Chairman advised Members that in response to the debate at the recent Meeting of the Corporate Panel he would be following a revised procedure for dealing with Reports from Chief Officers at the Meeting, namely:-

(a) the Chief Officer would be invited to speak to his/her Report;

(b) the relevant Spokesperson would then be invited to speak and thereby open the debate;

(c) should any questions arise which Members wished to put to the Chief Officer during the course of the debate, these would be dealt with as appropriate. (a) Montreal Church of England Infant and Junior Schools, Cleator Moor

The Director of Education introduced his Report which dealt with a possible change in the arrangements for delivering primary education in Cleator Moor. The Montreal Schools had occupied a single building since the mid-1980s and the Head of the Infant School had recently announced her intention to resign having obtained another post. An Acting Head had been appointed by the Infant School to facilitate the process of both Governing Bodies giving thought to the prospect of amalgamation.

The Council was being asked whether it wished to agree to formal consultations taking place with those most closely associated with the schools, namely Governors, Staff and Parents, regarding the possibility of the two schools amalgamating to form a new primary school.

RESOLVED, that formal consultations take place with those most closely associated with Montreal Church of England Infant and Junior Schools, Cleator Moor regarding the possibility of the two schools amalgamating to form a new primary school.

(b) Allerdale Area Committee

The Report of the Meeting of the Allerdale Committee held on 17 March 1999 was submitted. The Chairman of the Area Committee advised that the Committee had been considering existing Early Years’ provision in Allerdale and the possibilities for its extension and revision within the context of the Early Years’ Plan for Cumbria. The Committee had identified its priorities as the establishment of a nursery class at Silloth Primary School, Dearham Grant Maintained Primary School and Ashfield School, Workington and an extensive consultation exercise on the possibilities had been conducted.

The results of the consultation having been received the Committee considered that it should proceed at Silloth and Dearham, with further thought being given to provision in the Workington area generally. The capital costs for potential development at Silloth and Dearham were in the region of £165,000.

RESOLVED, that

(1) funding for the relocation of the existing County Council nursery facility at Silloth be allocated from the Early Years’ Sub-Programme within the Education Capital Programme and that all necessary action be taken to significantly change the character of Silloth Primary School by the addition of a nursery class; and

(2) funding for new facilities at Dearham Grant Maintained Primary School be allocated from the Early Years’ Sub-Programme within the Education Capital Programme Budget, and that support be given to the Governors in any proposal to significantly change the character of the school by the addition of nursery facilities.

(c) The Education Capital Programme 1999/2000

The Director of Education submitted a Report which provided an update on the 1999/2000 Education Capital Programme which sought agreement to variations to the Programme arising from recent Department for Education and Employment decisions. The Report also sought agreement to the proposed Voluntary Aided Minor Works Programme for 1999/2000.

The Spokesperson for Education advised that the Report represented further good news for schools within Cumbria and was further evidence that the Education Department obtained for the County its fair share of investment from Government Funds.

It was noted that the Report included £7m worth of investment in schools within the County.

Members raised various specific points relating to individual schools within the Programme.

RESOLVED, that

(1) the possible position in relation to the 1998//99 outturn be noted;

(2) the changes set out in Section 3(2)(a) of the Report to the level of resources available from the DFEE to support the 1999/2000 Programme be noted;

(3) the draft Early Years’ Sub-Programme as set out in Section 3(2)(a)(iii) be approved;

(4) all necessary steps, including consultation and the formal publication of Statutory Notices where necessary, be undertaken to implement the Sub-Programme agreed at (3) above;

(5) an increase of £15,000 be approved in the funding for the project at Stanwix Primary School, together with an equivalent reduction in the Sub-Programme for LEA contributions to Voluntary Aided Schemes as set out in Section 3(2)(a)(viii); and

(6) the Voluntary Aided Schools Minor Works Programme, as set out in Section 3(b) be agreed.

(d) Economic and Environmental Development Budget

The Director of Economy and Environment presented a Report which made recommendations on the level of grant aid to be awarded to a number of partnership bodies involved in delivering the County Council’s Economy and Environment Programme. In moving the recommendations the Spokesperson advised that the recommendations represented more work by the County Council to improve the economic wellbeing of the County. She made particular reference to the Cumbria Inward Investment Agency, and the request which had been received for the County Council to extend its funding for a further three years. She hoped that Members would support this particular recommendation as this would then give a lead to the Cumbria Districts in continuing their support.

In considering the Report specific reference was made to various initiatives, and in particular to bids for funding under the Single Regeneration Budget (SRB). In respect of SRB bids the Spokesperson reminded Members that the Council’s policy was to favour bids in Barrow and Workington and not to support competing bids. Any decision made to support or otherwise a bid would be made in accordance with that policy.

Members noted that the Chief Executive of the Cumbria Inward Investment Agency had offered to address Members concerning the work of the Agency and the suggestion was made that it might be appropriate for him to address Area Committees in due course.

RESOLVED, that:-

(1) the grants shown on the schedule attached to the Director of Economy and Environment’s Report be approved;

(2) Cumbria Inward Investment Agency be supported for a further three years.

(e) Report of the Eden Area Committee held on 26 March 1999

A Report of the Meeting of the Eden Area Committee held on 26 March 1999 was submitted.

In presenting the Report the Chairman of the Area Committee referred to the recommendations contained within the Report relating to a proposed amendment to the Public Participation Scheme as it related to Eden Area Committee; a request for the Council to consider allocating additional funding to deal with traffic problems in Kirkby Stephen; a request for virement on the underspend on the Committee’s Civic Amenity Sites Budget to the Committee’s Highways Maintenance Budget; and a suggestion that the Council review the formula for allocating Early Years’ Funding to Area Committees to take into account the number of pre-school groups in each area and the number of pre-school children therein.

Members gave full consideration to the four recommendations made by the Area Committee. In considering the recommendation concerning the Public Participation Scheme there was general support for a review of the Scheme as a whole as it applied to all Area Committees and an amendment was MOVED to that effect.

With reference to the Traffic Calming and Lorry Management Scheme in Kirkby Stephen Members were reminded that the former Economy and Environment Committee had indicated that the work should be contained within the resources available and to accede to the Area Committee’s request would require a large proportion of the capital budget available for highways works throughout the County. The option which could be undertaken within the Area Committee’s resources was the right way forward at the present time.

There was agreement on the Area Committee’s request for virement.

In respect of the Area Committee’s recommendation concerning Early Years’ Funding it was noted that there were 48 pre-school groups within Eden and that there would inevitably be a proliferation of small groups in such a large sparsely populated area. It was also acknowledged that each group had a certain level of fixed cost.

In suggesting that the formula for allocating Early Years’ Funding be reviewed to take into account the number of pre-school groups in each area and the number of pre-school children in the groups Members noted that this might involve a reallocation of resources amongst the Area Committees. However, it was considered that a wide ranging review of the formula should be undertaken, such a review not being restricted merely to those areas suggested by Eden Area Committee.

RESOLVED, that

(1) the Council’s current Public Participation Scheme be reviewed;

(2) the Area Committee’s request for the allocation of additional funds to deal with traffic problems in Kirkby Stephen be not acceded to;

(3) the Area Committee’s request for virement of the unexpected underspend of £16,496 on the Civic Amenity Sites Budget to the Highways Maintenance Budget be agreed;

(4) the formula for allocating Early Years’ Funding to Area Committees be reviewed.

130. NOTICES OF MOTION

The Chairman advised that he intended to vary the order of business to take the Notices of Motion before Council broke for lunch (Standing Order 7(e) refers).

(i) Notice of Motion in the name of Mr AD Baxter

Notice having been duly given under Standing Order No 7, the following Notice of Motion had been included on the Agenda:-

Councillor AD Baxter will Move that:-

"This Council recognises the valuable work undertaken by volunteers in Cumbria and resolves to write to Cumbrian MPs and appropriate Government Ministers urging support for the Parliamentary Early Day Motion No 222, which reads "That this House recognises the enormous contribution made by the 4 million volunteers in Britain; welcomes the Government’s decision to set up a criminal records bureau to manage police checks on those working with vulnerable people; recognises that the financial burden of paying for their own checks may deter disadvantaged potential volunteers; and calls on the Government to consider making checks on volunteers free when it is affordable to do so.""

The Motion was Seconded by Mrs A Parker.

Mr Baxter referred to the Protection of Children Bill and other similar moves to protect vulnerable people. He considered that the assistance rendered to vulnerable people by volunteers was most important and that it was equally important that those volunteers had police checks. The moves being made by the Government in this area were most welcome. However, there was an issue over who paid for the checks. Many volunteers came from disadvantaged or less affluent parts of society and they did not necessarily have the money to pay for police checks themselves. For the voluntary organisations for whom they worked to pay would reduce the amount of funding available to finance the work which was their main purpose. Therefore one of the results of the imposition of charges for police checks could be that certain groups within the Community would no longer be able to offer their services as volunteers.

In Seconding the Motion Mrs Parker hoped that all Members would be able to support the proposal. She referred to the role of the Councillor as a corporate parent and the issues surrounding the charges for police checks in that area. She considered that volunteers made a valuable contribution to society as a whole and that every effort should be made to ensure that they did not have to pay for their police checks.

Mr Toft spoke in support of Mr Baxter’s Motion and moved an Amendment which deleted the words "when it is affordable to do so" from the end of Early Day Motion No 222. Mr Toft’s Amendment was Seconded by Mr Jefferson.

Mrs Burns, the Social Services Spokesperson, spoke in support of the original Motion and the sentiments it expressed. She advised that any Member wishing to undertake visits to Cumbria Care Homes should receive the necessary police check and she urged the Chief Executive to again contact the Chief Constable to take the matter forward.

Other Members indicated that they could support the original Motion and acknowledged that the Chief Constable was concerned that it would place an unreasonable burden on the Constabulary for the police to have to undertake checks without financial remuneration. Therefore it was only reasonable that the Government should only consider making checks on volunteers free when it was affordable to do so.

The Amendment to the Notice of Motion was then put to the vote with 29 Members voting FOR the Amendment and 38 AGAINST, whereupon the Amendment was declared LOST.

The Notice of Motion was then put to the vote and was CARRIED unanimously. RESOLVED, that the Notice of Motion be adopted.

(ii) Notice of Motion in the name of Mr CF Nineham

Notice having been duly given under Standing Order No 7, the following Motion had been included on the Agenda:-

Councillor CF Nineham will Move:-

"This Council notes that Area Committees are responsible for the implementation of Local Agenda 21. It is important that this Council is pro-active in developing a sustainable future. The Council is therefore asked to consider that of the central Local Agenda 21 budgets be devolved to Area Committees in order that local projects can be encouraged and supported."

The Motion was Seconded by Mrs A Glendinning. In doing so she agreed with the principle set out in the Notice of Motion and considered that the suggestion that some of the central Local Agenda 21 budgets be devolved to Area Committees should be investigated.

Members generally supported the Notice of Motion. However Members expressed the view that it was essential that a central budget was retained for Local Agenda 21 as some issues would be Countywide and would need to be addressed on that basis.

RESOLVED, that the Notice of Motion be adopted.

131. REPORTS OF COMMITTEE, PANELS AND OFFICERS

(f) Adoption of Cumbria Minerals and Waste Plan

The Director of Economy and Environment advised Members that the Cumbria Minerals and Waste Local Plan had been through all the statutory consultation stages and, subject to minor textual changes, he considered that no further modifications needed to be made. He submitted a Report which sought authority to give notice of the County Council’s intention to adopt the Plan.

The Council’s Spokesperson for Economy and Environment Moved that the recommendations set out in the Report be adopted.

In response to a question from a Member concerning the recently published House of Lords report on the Disposal of Nuclear Waste, the Leader of the Council reminded Members of the County Council’s policy in respect of the disposal of all levels of nuclear waste and expressed the view that a full debate was required on the subject. The County Council had submitted evidence to the House of Lords Select Committee and the County Council’s policy had been made clear at that time. In response to a further question he stated that he did not consider that the time was right to re-establish the former Nirex Panel. However he noted that the next Meeting of the Economy Forum would be considering the disposal of nuclear waste and, if the situation warranted, an all party panel would be convened to consider the issue.

RESOLVED, that (1) notice be given, as required by Section 19 of the Town and Country Planning (Development Plan) Regulations 1991 of the County Council’s intention to adopt the deposit version of the Cumbria Minerals and Waste Local Plan as amended by the Proposed Modifications without any further modifications;

(2) Officers be authorised to make minor textual changes for the purposes of consistency and updating.

At this point the Meeting adjourned for lunch from 12.40 pm to 1.40 pm when the same Members were present.

(g) Central Maintenance Fund 1999/2000 and 2000/2001

The Director of Corporate Finance submitted a Report which suggested an appropriate division of resources between planned maintenance projects costing £10,000 and over, planned maintenance projects costing under £10,000 and breakdown maintenance projects. The Report also provided lists of individual proposed planned maintenance projects costing £10,000 and over together with a reserve list which would be used in the event of any slack appearing in the programme.

The recommendations contained within the Report were Moved by the Leader of the Council and Seconded by the Deputy Leader of the Council.

RESOLVED, that

(1) the level of resources available for use during 1999/2000 be noted;

(2) the proposed division of resources in line with Section 3(2) of the Report be endorsed;

(3) the list of planned maintenance projects costing £10,000 and over set out in Appendix A to the Report be agreed;

(4) the reserve list of planned maintenance projects costing £10,000 and over set out in Appendix B to the Report be agreed;

(5) it be agreed that, as the year progresses, projects may be moved between the lists at (3) and (4) above as necessary in order to achieve the overall target spending.

(h) Corporate Panel

The Leader of the Council submitted the Report of the Meeting of the Corporate Panel held on 29 March 1999. There were no items within the Report which required endorsement by the Council. In response to a question from a Member he advised that consideration had been given at the Meeting of the Panel to the Notice of Motion submitted by Mrs Mallinson and investigations were now being undertaken prior to a report back to the next Meeting of the Panel.

In response to a further question he advised that the Draft Local Government Bill would be the subject of debate at a future Meeting.

RESOLVED, that the Report be received.

(i) Community Regeneration Fund - St Michael’s Area Regeneration Team (SMART)

The Director of Economy and Environment submitted a Report which summarised an application by the St Michael’s Area Regeneration Team (SMART) in Workington for £12,500 from the Community Regeneration Fund, to support the employment of a Community Action Worker to foster community based economic development and regeneration for the St Michael’s and Northside Wards and to help build capacity as part of a future SRB Round 6 Bid.

The Council Spokesperson for Economy and Environment Moved the recommendation contained in the Report, Seconded by Ms TD Stainton.

RESOLVED, that £12,500 be released from the 1999/2000 Community Regeneration Fund Budget to SMART.

(j) Community Forum, 7 April 1999

Councillor Mrs M Dinning MOVED the receipt of the Report of the Meeting of the Community Forum held on 7 April 1999.

A Member referred to the possibility of the Community Forum holding joint meetings with the Education Forum and the Individual Support Forum, as appropriate, when the Community Forum was discussing cross cutting issues.

RESOLVED, that the Report of the Meeting of the Community Forum held on 7 April 1999 be received.

(k) Cumbria Sub-Regional Assembly, 31 March 1999

Councillor W Minto MOVED the receipt of the Report of the Meeting of the Cumbria Sub-Regional Assembly held on 31 March 1999.

In response to a question from a Member, it was agreed that Members would be provided with details of the effects of the changes in European Structural Funds on Objective 5b areas.

RESOLVED, that the Report of the Meeting of the Cumbria Sub-- Regional Assembly held on 31 March 1999 be received.

(l) Cumbria Branch of the Local Government Association, 31 March 1999

On the Motion of Councillor W Minto, RESOLVED, that the Report of the Meeting of the Cumbria Branch of the Local Government Association held on 31 March 1999 be received.

(m) Exercise of Delegated Powers

Members considered Reports by the following Officers on the exercise of their delegated powers:-

(i) Chief Executive

The Chief Executive submitted a Report summarising the actions taken since the Meeting of the County Council held on 26 January 1999 under the powers delegated to him.

The Chief Executive referred to the current crisis in Kosovo and remarked that the Council, through its Emergency Planning Unit, had advised the Local Government Association that it was prepared to organise reception and redeployment centres.

Councillor TC Stoddard referred to concerns regarding funding of the Emergency Planning Service and asked to what extent funding had been affected and, also, whether any lobbying on this issue been carried out. The Chief Executive undertook to provide a written reply.

A Member asked how much income the Emergency Planning Unit received regarding the production of emergency plans for outside organisations. The Chief Executive agreed to provide a briefing paper on this issue for all Members.

A Member asked what measures were in place to ensure that Members’ IT equipment was Year 2000 compliant. The Chief Executive responded that this issue would be looked at by the Members’ Services and Training Advisory Panel.

Referring to the news releases issued by the Press and Public Relations Unit, Councillor JR Richardson asked for a definition of what constituted a "pro-active" news release, who was responsible for monitoring these releases, and what criteria were used to ensure they were accurate. The Chief Executive stated that he would provide a written response to these questions.

RESOLVED, that the Report be received.

(ii) Director of Design and Business Services

The Director of Design and Business Services submitted a Report bringing Members up to date with progress in response to a number of significant challenges facing the new Department. The Report also provided an early indication of likely outturn for the previous financial year and formed a preliminary view about prospects for the year ahead.

RESOLVED, that progress to date and the present commercial position be noted. (iii) Director, Cumbria Contract Services

The Director, Cumbria Contract Services submitted a Report informing Members of notable developments within the Contract Services Directorate during the final quarter of the 1998/99 financial year.

RESOLVED, that the Report be received.

132. CONSTITUENCY ISSUES

(a) Councillor JD Jefferson referred to jobs in the haulage industry which, he believed, were threatened by the latest fuel and road tax increases. His Division, which included one of the 20 most deprived Wards in the County, had over 400 permanent jobs directly connected to the haulage industry. Councillor Jefferson urged the Council to use its best endeavours to bring to the Government’s attention the plight of haulage contractors who operated in rural areas. He made particular reference to small companies involved in timber extraction. He felt that there seemed to be little opportunity for an increase in timber haulage rates and, consequently, these small businesses were in real difficulties. He concluded by noting that tax breaks were of no value if firms were not making a profit.

In response, the Council’s Spokesperson for Economy and Environment referred to several Government measures aimed at helping small businesses. She stated that she had no objection, in principle, to bringing the problems referred to by Councillor Jefferson to the Government’s attention but felt that the Government was already acting to address these problems.

(b) Councillor PC Jackson queried why those parents who could not afford to pay the costs of school transport in one sum should have to pay more when paying in instalments. The Director of Education responded that one payment in full, as opposed to payment in instalments, reduced administration costs.

133. QUESTIONS

(1) Standing Order No 9

The following questions were submitted in accordance with Standing Order No 9

(a) Council JR Richardson referred to the fact that the new County Council structure was claimed to make the Council more open and accessible to the public. Bearing this in mind he asked the Chair of the Barrow Area Committee why the Meeting of the Area Committee on 22 March 1999 had taken place in Carlisle. Councillor Richardson continued by asking whether the Chair of the Area Committee considered this venue gave interested Barrow electors the opportunity for access.

The Chair of the Barrow Area Committee stated that, ideally, this Meeting of the Area Committee would have taken place, as usual, in Barrow. However, there had been a need to hold the Meeting on this particular date so that the Area Committee could consider an important matter it was due to discuss with the Borough Council on 26 March. Given that a Meeting of the Labour Group was taking place in Carlisle on 22 March and given that there were no items under the Public Participation Scheme on the Agenda, he had agreed, for this instance only, to hold this particular Meeting in Carlisle.

(b) Councillor JR Richardson asked the Chair of the Social Service Committee to explain why Cumbria had, in his opinion, one of the worst records amongst Social Services Authorities in placing children for adoption in the three years between 1995-1997. He also asked what, if any, changes in policy and procedures had been adopted to improve the Council’s performance. In addition, he asked the Chair to advise Members of the figures for 1998 and whether they represented an improvement.

The Chair of the Social Services Committee began by stating that there was no evidence to suggest that Cumbria had one of the worst records in placing children for adoption, as claimed by Councillor Richardson. She continued by making a detailed rebuttal of the suggestions made by Councillor Richardson.

(c) Councillor JR Richardson asked the Chair of the Social Services Committee to advise the Council of:-

. The cost involved in refurbishing Arndene when it was converted to a residential children’s home

. How much the County received from the sale of this establishment.

The Chair of the Social Services Committee replied that the cost of the refurbishment referred to was £178,000. She could not disclose the amount received from the sale but agreed to provide Councillor Richardson with this information in writing on the understanding that the confidentiality of the information was maintained.

(2) Standing Order No 5(a)(xii)

Councillor MG Jowett referred to the use by the Liberal Democrat Party in Kendal of photographs of Police property and officers in Liberal Democrat newsletters. Councillor Watson undertook to raise this issue with the Chief Constable.

The Press and Public left the Meeting at this point.

134. WHITEHAVEN DEVELOPMENT COMPANY - AMENDMENT TO SHAREHOLDERS’ AGREEMENT

Councillor DK Banks declared a non-pecuniary interest in this matter as a Director of the Whitehaven Development Company.

The Director of Economy and Environment submitted a Report outlining the need for an amendment to the Whitehaven Development Shareholders’ Agreement in order to meet the requirements of English Partnerships, a major contributor to Whitehaven’s Millennium Project.

Councillor ARM Toft commented that his Group did not have any representation on the Whitehaven Development Company. In the light of this and the fact that a further Report on this issue was to be submitted to a future Meeting of the Council, he stated that his Group would abstain from voting on the recommendations in the Report.

RESOLVED, that:-

(a) the County Council agree to an amendment to the Whitehaven Development Company Limited Shareholders’ Agreement either to enable the Shareholders’ transfer of the Company’s business and undertaking, including assets and liabilities, to W3M Charitable Foundation or for the County Council and other Shareholders to transfer their shares in the Company to W3M Charitable Foundation so that the Company becomes a wholly owned subsidiary of W3M;

(b) the expiry date for the Company be changed to 31 March 2000;

(c) Officers from the Economy and Environment Directorate continue to hold discussions with W3M Charitable Foundation in order to determine the benefits, if any, of the County Council becoming a Member of the Foundation.

The Council Rose at 3.10 pm