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Tuesday 7 July 2015
Council Will meet on Wednesday 15 July 2015 at 7.00 pm in Council Chamber - Allerdale House
Membership: Councillor Len Davies (Chairman)
Councillor Tony Annison Councillor Carole Armstrong Councillor Bill Bacon Councillor Mary Bainbridge Councillor Peter Bales Councillor Barbara Cannon Councillor Nicky Cockburn Councillor John Colhoun Councillor John Cook Councillor Joseph Cowell Councillor John Crouch Councillor Adrian Davis-Johnston Councillor Duncan Fairbairn Councillor Janet Farebrother Councillor Bill Finlay Councillor Mark Fryer Councillor Malcolm Grainger Councillor Konrad Hansen Councillor Hilary Harrington Councillor Michael Heaslip Councillor Alan Hedworth Councillor Vaughan Hodgson Councillor Joe Holliday Councillor Margaret Jackson Councillor William Jefferson Councillor Mark Jenkinson Councillor Peter Kendall Councillor Angela Kendall Councillor Jim Lister Councillor Tony Lywood Councillor Patricia Macdonald Councillor Louise Maguire Councillor Anthony Markley Councillor Carni McCarron-Holmes Councillor Billy Miskelly Councillor Jacqueline Mounsey Councillor Ron Munby Councillor Eric Nicholson Councillor Jim Osborn Councillor Bill Pegram Councillor Alan Pitcher Councillor Martin Pugmire Councillor Denis Robertson Councillor Joe Sandwith Councillor Neil Schofield Councillor Colin Sharpe Councillor Alan Smith Councillor Christine Smith Councillor Stephen Stoddart Councillor Celia Tibble Councillor Philip Tibble Councillor Lee Williamson Councillor David Wilson Councillor Martin Wood Councillor Janice Wood
If you have any questions or queries contact Gayle Roach on 01900 702817.
Agenda
1. To approve as a correct record the minutes of the Council Meeting held on Wednesday 20 May 2015 (Pages 1 - 8)
2. Apologies for absence
3. Declaration of interests
Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.
4. Exclusion of the Press and Public
To consider whether there are any items on the agenda for which the press and public should be excluded.
5. Questions
To answer questions under Procedural Rule No. 4.17.2 from Councillors and Procedural Rule No. 4.16 from members of the public.
6. Notices of Motion
To receive Notices of Motion.
7. Mayor's Announcements (Pages 9 - 12)
8. Portfolio Holder Reports (Pages 13 - 34)
To consider reports from Members of the Executive.
9. Executive Minutes (Pages 35 - 48)
To note the contents of the minutes of the meetings of the Executive held on 11 February, 11 March and 15 April 2015.
10. Local Authorities (Standing Orders) (England) Regulations 2015 (Pages 49 - 54)
11. Temporary Appointments to Town and Parish Councils (Pages 55 - 60)
12. Changes to Community Overview & Scrutiny Committee Membership (Pages 61 - 62)
Chief Executive
Date of Next Meeting Wednesday 16 September 2015 at 7.00 pm Council Chamber - Allerdale House Agenda Item 1
At a meeting of the Council held in Hundith Hill Hotel, Cockermouth on Wednesday 20 May 2015 at 6.30 pm
Members
L Davies (Chairman)
T Annison J Lister C M Armstrong T Lywood B Bacon P Macdonald P Bales L Maguire B Cannon A J Markley N Cockburn C McCarron-Holmes J I Colhoun B Miskelly J Cook J M Mounsey J Cowell R Munby J Crouch E Nicholson A Davis-Johnston J Osborn D S Fairbairn B Pegram J Farebrother A Pitcher B Finlay D Robertson M Fryer J Sandwith M Grainger N Schofield K Hansen C Sharpe H Harrington A Smith M Heaslip C Smith A Hedworth S Stoddart V Hodgson C Tibble J Holliday P Tibble W H Jefferson L Williamson M Jenkinson D Wilson P G Kendall M G Wood A H Kendall J Wood
Apologies for absence were received from Councillors M Bainbridge, C M Jackson and M Pugmire
Staff Present
D Devine, S Elsworth, I Frost, A Gilbert, N Hardy, C Holmes, K Kerrigan, C Nicholson, J Owen, Z Pluckrose, G Roach, A Seekings, S Sewell, P Shackley, D Tennyson and P Wood
1 Mayors Welcome
The Mayor welcomed those present.
2 Declaration of interests
None declared. Page 1 3 Exclusion of the Press and Public
There were no items on the agenda for which the press and public should be excluded.
4 Mayor's Announcements
The Mayor reviewed his year of office and spoke of his most memorable moments. In particular, the Mayor recalled being involved with commemorations of the First World War and Armed Forces Day, meeting the Watchtree Wheelers on the new cycleway facility at the Watchtree Nature Reserve, near Carlisle and the staff and volunteers at Hospice at Home.
The Mayor thanked those who had helped him over the past year, especially his Mayoress Harriett Chappell, the Deputy Mayor, the Mayors Secretary and Democratic Services, Suzanne Elsworth the Council’s Communications and Marketing Officer and the local press officers for their support in publicising the Let Laura Speak appeal.
A staggering £22,000 had been raised for the Let Laura Speak appeal and a further £5,170 to be split between the Maryport Solway Sea Cadets, Maryport Army Cadet Force – Chindit Company and the Workington Air Training Corp.
5 Election of the Mayor for the forthcoming year
Councillor Davies left the meeting for this item.
Councillor Bacon invited nominations for the election of Mayor of Allerdale for the forthcoming year.
Councillor A. Smith proposed that Councillor Len Davies be elected Mayor of the Borough for 2015/16. This was seconded by Councillor Fryer.
Councillor A. Smith said that Councillor Davies had been a great ambassador for the last 12 months, had done a sterling job with the fundraising raising a record £20,000 for an Allerdale Mayor setting the bar high for the forthcoming year. He continued that Councillor Davies had, since moving to West Cumbria over 14 years ago, proved his love of the area. He moved here in 2000 to become a Fitness Consultant at Moorclose Sports Centre Workington. In 2007 he campaigned to oppose the closure of the Palliative Care Ward at West Cumberland Hospital and succeeded. Councillor A. Smith said that Councillor Davies had the attributes of a great councillor who campaigned tirelessly on behalf of his community.
Councillor Markley proposed that Councillor Munby be elected Mayor of the Borough for the ensuing year. This was seconded by Councillor Nicholson.
Councillor Markley said that Councillor Munby had been a Councillor for 17 years, he had served on the Executive, been the Mayor of Keswick Town Council three times, had served as a school Governor for over 20 years and had done a lot of work for the people of Cumbria.
Page 2 A vote was taken, 21 in favour of Councillor Munby, 28 against and 3 abstentions. The motion to elect Councillor Munby as Mayor of the Allerdale Borough was lost.
A vote was taken, 47 in favour of Councillor Davies, 5 against and 0 abstentions. The motion to elect Councillor Davies as Mayor of the Allerdale Borough was carried.
Resolved – That Councillor Len Davies be elected Mayor of the Borough for the ensuing year 2015/16.
Councillor Davies took the Declaration of Acceptance of Office and assumed the Chair. He thanked Councillors for electing him to the office of Mayor for a second time.
During his year of office, the Mayor hoped to raise money for The Child Poverty Forum – Allerdale, The Barnado Offices in Allerdale and the CFM Cash for Kids campaign.
6 Presentation to the Outgoing Mayor
The Mayor moved to agenda item 8.
7 Election of the Deputy Mayor for the forthcoming year
Nominations were invited for the appointment of Deputy Mayor of Allerdale for the forthcoming year.
Councillor A. Smith proposed that Councillor Bill Bacon be elected Deputy Mayor for the ensuing year 2015/16. This was seconded by Councillor Fryer.
Councillor Markley proposed that Councillor Duncan Fairbairn be elected Deputy Mayor for the ensuing year 2015/16. This was seconded by Councillor Nicholson.
A vote was taken, 23 in favour of Councillor Fairbairn, 30 against and 0 abstentions. The motion to elect Councillor Fairbairn as Deputy Mayor was lost.
A vote was taken, 53 in favour of Councillor Bacon, 0 against and 0 abstentions. The motion to elect Councillor Bacon as Deputy Mayor was carried.
Resolved – That Councillor Bill Bacon be elected as Deputy Mayor of the Borough for the forthcoming year 2015/16.
Councillor Bacon thereupon took the Declaration of Acceptance of Office.
8 Speech of the Incoming Mayor
The speech of the incoming Mayor was delivered under agenda item 6.
Page 3 9 Election of the Leader of the Council
Nominations were received for the election of Leader of the Council for the next four years.
Councillor Fryer proposed Councillor A. Smith as Leader for the next four years. This was seconded by Councillor McCarron-Holmes. Councillor McCarron- Holmes said that the Council needed a strong leader moving forward and Councillor A. Smith had those skills.
Councillor Nicholson proposed Councillor Markley as Leader for the next four years. This was seconded by Councillor Davis-Johnston.
A vote was taken, 21 in favour of Councillor Markley, 29 against and 3 abstentions. The motion was lost.
A vote was taken, 45 in favour of Councillor A. Smith, 5 against and 3 abstentions. The motion was carried.
Resolved – That Councillor A. Smith be elected Leader of the Council for the next four years.
Councillor A. Smith thanked Councillors for electing him to the office of Leader. He said it was the first time there had been back-to-back Labour administrations at the council since 2002, and the first time a Leader had worked two consecutive terms, which he said gave stability and meant that the Executive could ‘just get on with the job’.
In accordance with the Councils constitution, Councillors received details of the Leaders chosen Executive and the Council’s Authority to Act in respect of the Executive.
Councillor A. Smith’s chosen Executive was as follows: Councillor Fryer – Deputy Leader – Portfolio for Economic Growth Councillor Cannon – Portfolio for Corporate Resources Councillor Jefferson – Portfolio for Tourism and Culture Councillor Heaslip – Portfolio for Locality and Commercial Services Councillor Hansen – Portfolio for Regulatory Services Councillor McCarron-Holmes – Portfolio for Housing, Health and Wellbeing Councillor P. Tibble – Portfolio for Transformation
Resolved – That the membership of the Executive and the Authority to Act be noted.
10 To approve as a correct record the minutes of the Council Meeting held on Wednesday 4 March 2015
The minutes of the meeting held on 4 March 2015 were signed as a correct record.
Page 4 Matters arising from the minutes were discussed. Under minute number 431, Councillor Fairbairn confirmed he had received a report by Parish, detailing the Council Tax arrears as requested however, he had not received an response with regards to his other questions. It was agreed a written response be provided to Councillor Fairbairn and to be circulated to all members.
11 Committee Memberships for 2015/16
Councillors considered nominations to Committees, Panels and Tribunals for 2015/16. Their Terms of Reference were also considered.
Resolved – That -
a) The Terms of Reference, as detailed in Appendix B of the report, be agreed b) The Committees, Panels and Tribunals memberships for 2015/16 be agreed as follows:
Corporate Overview and Scrutiny Committee (12)
Chairman: P Kendall Vice Chairman: M Wood
Labour (6) Conservative (4) Independent (1) UKIP (1) M Bainbridge J Cowell B Finlay D Wilson P Kendall M Grainger J Osborn J Lister B Pegram C Sharpe L Williamson M Wood
Community Overview and Scrutiny Committee (12)
Chairman: C Tibble Vice Chairman: C Armstrong
Labour (6) Conservative (4) Independent (1) UKIP (1) C Armstrong T Annison H Harrington J Sandwith L Davies M Grainger J Farebrother M Jackson B Miskelly A Pitcher C Tibble M Wood
Development Panel (12)
Chairman: P Bales Vice Chairman: C Armstrong
Labour (6) Conservative (4) Independent (1) UKIP (1) C Armstrong A Davis-Johnston N Cockburn M Jenkinson P Bales M Grainger P Kendall M Jackson
Page 5 B Miskelly R Munby J Osborn B Pegram Substitute (6) Substitute (4) Substitute (1) Substitute (1) B Bacon J Cowell B Finlay D Wilson J Farebrother J Lister L Williamson A Markley A Pitcher
Licensing Committee (15)
Chairman: A Kendall Vice Chairman: B Bacon
Labour (8) Conservative (4) Independent UKIP (1) MIG (1) (1) B Bacon T Annison H Harrington D Wilson S Stoddart L Davies A Davis-Johnston A Kendall J Mounsey T Lywood R Munby B Pegram C Smith J Wood M Wood
Standards Committee (7)
Chairman: J Wood Vice Chairman: C Smith
Labour (4) Conservative Independent (1) Non-Council (2) Members (2) C Armstrong T Annison N Cockburn P Burns A Kendall D Fairbairn C Smith J Wood
Audit Committee (7)
Chairman: M Bainbridge Vice Chairman: J Colhoun
Labour (4) Conservative (2) Independent (1) M Bainbridge D Fairbairn M Pugmire J Colhoun C Sharpe B Miskelly N Schofield
Page 6 Personnel Tribunal (5)
Chairman: A Kendall Vice Chairman: M Wood
Labour (2) Conservative (1) MIG (1) WJ (1) A Kendall A Markley S Stoddart W Jefferson M Wood Substitute (2) Substitute (1) Substitute (1) C Armstrong J Cowell
Discretionary Housing Payments (3)
Chairman: To be agreed. Vice Chairman: To be agreed.
Conservative (1) MIG (1) JH (1) P Macdonald S Stoddart J Holliday Substitute (1) Substitute (1) J Cowell
Chief Officer’s Employment Panel (5)
Chairman: A Smith Vice Chairman: M Fryer
Labour (3) Conservative (2) M Fryer A Markley A Smith J Mounsey Portfolio Holder
12 Appointment of Representatives to Outside Bodies for 2015/16
Members considered the appointment of representatives on outside bodies and Joint Committees for the ensuing year(s) which were a function of Council.
Resolved – The appointment of representatives on outside bodies and Joint Committees for the ensuing year(s) be as follows:
Appointed Length of Name of Outside Body No of Reps Representative Appt Cumbria County Council 1 1 Year Cllr Cannon Pensions Forum
Cumbria Health and Well 1 1 Year Cllr McCarron- Being Scrutiny Alliance + 2 subs Holmes
(Cllr Davies & Cllr MacDonald) Lake District National Park 1 4 Year Cllr Jefferson (LDNP) Authority
Page 7 LDNP Keswick Joint 1 2 Year Cllr Lywood Management Advisory + 1 sub Group (Cllr Pugmire)
Maryport Harbour Authority 1 3 Year Cllr A. Kendall
Port of Workington Board 3 3 Year Cllr Cannon Cllr Fryer Cllr Heaslip
Appointed Name of Joint Committee No of Reps Length of Representative Appt Cumbria Police & Crime 1 1 Year Cllr C. Tibble Panel Joint Committee Solway Coast (AONB) 2 1 Year Cllr Bacon Joint Advisory Committee Cllr P. Kendall West Cumbria Cycle path 1 1 Year Cllr Colhoun Network Steering Group
The meeting closed at 8.00 pm
Page 8 Agenda Item 7
The Mayor, Councillor Len Davies. Engagements since the last Council Meeting on 20 May 2015
Wainwright: A love-letter to the Lakeland Fells Friday 22 May 2015, 7:00pm Exhibition, Keswick Museum
Wigton Spring Fling Festival 2015, Wigton Market Saturday 23 May 2015, 10:00am Hall
Queen of the Solway Dance Festival, The Wave, Saturday 30 May 2015, 4:00pm Maryport
Copeland Borough Council Annual Meeting, Monday 1 June 2015, 2:00pm Cleator Moor Civic Hall & Masonic Centre
Royal Visit from the Countess of Wessex to Tuesday 9 June 2015, 10:00am Wigton Market Hall
Cumbria School Games, The Sands Centre, Wednesday 10 June 2015, 10:00am Carlisle
150th Birthday celebrations, Christchurch, Sunday 14 June 2015, 11:30am Cockermouth
Sunday 14 June 2015, 4:00pm Silloth Vintage Rally, Silloth Green
Workington Heritage Group Drinks Reception, Thursday 18 June 2015, 6:00pm Helena Thompson Museum
Rotary Charity Bike Ride for Prostate Cancer, Sunday 21 June 2015, 09:00am Kirkstile Community Centre
Carnegie Launch Evening, Carnegie Theatre, Thursday 25 June 2015, 7.00pm Workington
Saturday 27 June 2015, 10:45am Armed Forces Day Parade, Workington
St Joseph’s School Prize Giving Evening, St Thursday, 2 July 2015, 7.30pm Joseph’s School, Workington
Page 9 Saturday 4 July 2015, 12noon Flimby Carnival, Flimby
High Sheriff’s Drinks Reception, Brathay Hall, Thursday 9 July 2015, 6:00pm Ambleside
Mayor of Allerdale’s Civic Service, Lorton Street Sunday 12 July 2015, 10:00am Methodist Church, Cockermouth
Happy Hours Pre-school Graduation Ceremony, Monday 13 July 2015, 6:30pm Seaton
Page 10 The Deputy Mayor, Councillor Bill Bacon. Engagements since the last Council Meeting on 20 May 2015
Thursday 21 May 2015, 7:00pm Maryport Town Council Mayor-making Ceremony
Air Cadets Presentation Evening, Reays Coaches, Thursday 25 June 2015, 8:00pm Strawberry Fields, Wigton
Saturday 27 June 2015, 12:30pm Dearham Carnival, Dearham School Field
Lakes College Awards Ceremony, Lakes College , Thursday 2 July 2015, 5:45pm Lillyhall
Mayor of Allerdale’s Civic Service, Lorton Street Sunday 12 July 2015, 10:00am Methodist Church, Cockermouth
Page 11 This page is intentionally left blank
Page 12 Agenda Item 8 Allerdale Borough Council
Council – 15 July 2015
Portfolio Holder Updates
The Reason for the Decision To update full Council on the activities and decisions of Portfolio Holders since the last meeting.
Recommendations That members note the content of the report
Financial/Resource Implications None.
Legal Implications None.
Community Safety Implications None.
Health and Safety and Risk None. Management Implications
Equality Duty considered/Impact N/A. Assessment completed
Wards Affected As indicated in the main body of the report.
The contribution this decision would Portfolio Holder activity relates to the make to the Councils Priorities development of the new Council’s key aims
Is this a Key Decision No
Portfolio Holder Cllr Alan Smith, Leader
Lead Officer Corporate Management Team – as indicated
Report Implications (Please delete where applicable).
Community Safety N Employment (external to the Council) N Financial N Employment (internal) N Legal N Partnership N Social Inclusion N Asset Management N Equality Duty N Health and Safety N
Background papers - None
Page 13 1.0 Introduction
1.1 The purpose of the report is to provide Full Council with an update and overview of the activities of individual portfolio holders.
2.0 Content
The activities of the Portfolio Holders are as follows:
2.1 Leader of the Council: Cllr Alan Smith
I am very happy to report to all Members once again as the Leader of Allerdale Borough Council.
I am also very happy to introduce the new Council Executive. The new Executive has been appointed to continue the excellent work put in place over the past four years with an even stronger emphasis on economic development, inward investment and tourism. To reinforce this Mark Fryer is the new Deputy Leader. He previously held this Council’s Economic Development portfolio and is well connected in the business community in Allerdale, not least through his boardroom involvement at Britain’s Energy Coast. He will build on the successes we have made already and continue to find new and innovative ways to attract new investment to Allerdale. We want more entrepreneurs, better use of brownfield sites, and good well paid jobs.
Our increased push for new investment is also why I have created a new portfolio for this Executive with specific responsibility for Tourism and Culture. Councillor Bill Jefferson, ward member for Silloth, is well placed for the new role.
He is a Member of the Lake District National Park Authority and Chairman of the Solway Coast Area of Outstanding Natural Beauty. He will take responsibility for the art, culture and museum venues which are owned by the Council, manage the partnerships with the national park and other tourism focused organisations, and drive the Council’s development of tourism in West Cumbria.
One thing that I do want to change in my next term as Leader of this Council is criticism from certain elected members that this Executive is Workington-centric. In the coming weeks we will be setting out a new approach to support ALL member in ALL wards in fulfilling their roles as Community Leaders. Senior officers including the Chief Executive and Directors will be working much more closely with ward members acting as champions for areas of our borough. This will be linked to the new Member Database – “My Ward” which will be operational in the next few weeks and will provide members with all information relevant to their ward. Since the last meeting of Council (election excepted) I attended a series of events and high profile meetings including:
The Lighting the Candles ceremony. This was part of a nationwide commemoration event when all civic heads across the country were encouraged to light four candles, during a short ceremony to commemorate World War 1. Page 14 Unveiling of the Rolling Mills on Clay Flatts roundabout in Workington in recognition of the contribution that the Steel Industry made to that town and our borough. Addressing year 7 pupils at Cockermouth high School on the work of Allerdale Council and my role as Leader. Presenting Wigton Theatre Company with a grant to improve their facilities. Launch of the Lakesman tournament in Keswick which will be a fantastic event and a huge boost to our local economy The Launch of Fusion Go which is a business accelerator programme – funded by this Council to encourage new business and entrepreneurs in our Borough I have also continued to represent this Council at meetings of Cumbrian Leaders. There has been much debate on the future of Local Government structure in Cumbria and this will continue for some time. The Government’s commitment to the “Northern Powerhouse” means that we have a great opportunity to achieve greater growth and prosperity for our area along with more power to determine our own future. How public services - in particular Local Government is organised for the future will be a key part of this. I will continue to ensure that the best interests of our Borough and our citizens are represented as these discussions move forward.
2.2 Deputy Leader: Economic Growth Portfolio: Cllr Mark Fryer
Strengthening Our Economy
Fusion Go
Fusion Go was formally launched on 29 April 2015 as a not-for-profit company founded to bring about a revolution in entrepreneurship, stimulate the establishment of start-up businesses and grow young businesses across Cumbria. Allerdale Borough Council has provided grant assistance to support the business during its start-up phase. Applications to join the Accelerator Programme are now open and the first businesses will join the scheme in September.
Broadband
An interim evaluation of the requirements to develop WiFi hot spots in Allerdale’s town centres has now been submitted to the Council for consideration. The findings are now being considered and refined before the final document is completed later in the Summer.
District Heat Networks
An interim feasibility study into the possibility of District Heat Networks in Workington has been submitted to the Council for consideration. This final study should be completed later in the year and will contain the final recommendations for a way forward and costings.
Page 15 Enhancing Our Towns
Markets Consultation
A survey will be undertaken in June and July which aims to gather information about what the public want from their local markets. The consultation exercise includes questions about the frequency of the borough’s markets, preferred locations and what people would like to see on sale.
Markets Contract
Discussions are underway with Geraud regarding the development of a new markets strategy in line with the new contract award. The new strategy will be finalised after the consultation period has concluded.
Building Control Awards
The 2015 Local Authority Building Control Building Excellence award were held at the Hilton Hotel Gateshead on the 5 June 2015. The Local Authority Building Control (LABC) Building Excellence Awards celebrate all that’s good in the construction industry. The awards recognise excellence across the construction industry from the small domestic extension to the large multi-story commercial building. Over 140 submissions where received for developments across the North of England with Allerdale Borough Council either nominating or endorsing14 of these nominations.
Out the 13 categories that form part of the awards night 2 developments in Allerdale won and now go straight through to the National award which will be held in London in November. The two Northern winners are:
Energy Coast UTC Technical University Workington for best educational building
The Lakes Distillery Setmurthy for best small commercial building, the development was also highly commended for best change of use of an existing building.
NuGEN Consultation
NuGEN are currently carrying out their Stage 1 consultation for the Moorside nuclear new build project. This consultation focusses on the broad principles and approach NuGEN intend to adopt on the site itself and in relation to Associated Development such as accommodation, transportation and logistics and legacy benefits arising from the project. Although the Council is not the consenting authority it has an important role in influencing the final project. In particular maximising local benefits in terms of local employment opportunities, skills programmes and the use of the local businesses during construction. The deadline for comments is 25 July. Over the next 12 months NuGEN will develop their proposals in greater detail and carry out further consultation in May 2016 prior to submitting their application to the Secretary of State. Page 16 Sports Development
The Make a Move Community Sport Activation funded project is coming to the end of year one of the 3 year programme and with new activities having been set up in Silloth, Aspatria, Maryport and Workington throughout the year along with continued support to the Friday Night Projects. We are in the process of agreeing to pay a £40,000 grant to Wigton Pool Trust to help them maintain swimming provision in north Allerdale. We are planning on running the 10p swim scheme again this summer. We are also starting to work with National Governing Bodies (NGB’s) to look at Playing Pitch improvements through the implementation of our Leisure Strategy.
Museums/Theatre
The Carnegie Theatre was successfully transferred to the Carnegie Trust on the 1 May and in doing so, has started on a new phase in the long life of the theatre in delivering great arts, theatre and music to the people of West Cumbria. Keswick Museum is continuing to deliver a range of programmes as part of the enhancement project in partnership with the Heritage Lottery Fund, including a new exhibition exploring the life of the famous Lakeland author Alfred Wainwright which is open for the summer which should be a popular attraction.
Festivals/Events/Arts
The first round of Festival and Events grants has been allocated. The successful projects include:
Touch a Truck Cockermouth VE Day celebration Circular Stories (Hub project) Workington Fun Day Maryport Lights and Fun Day Wigton Spring Fling Taste Cumbria Music and Mayhem
We are working in partnership with Greenwich Leisure Ltd (GLL) and CN Group to deliver two new events - Northbound Music Festival in August and Lakesman long distance triathlon event next June.
2.3 Corporate Resources Portfolio: Cllr Barbara Cannon
Statement of Accounts
The accounts have been drafted and are currently being audited by our external auditors, Grant Thornton. The final statements will be presented to Audit Committee for approval in September and will be published afterwards.
Page 17 Budget Review Working Group
I am currently reviewing the Terms of Reference to the Budget Review Working Group and will advise Council of the future activity of this group in due course.
Council Plan
The Council Plan 2015 – 19 was approved by Council on 4th March and provides a clear message to our residents and partners about the priorities for the Council over the next 4 years about where the Council will focus its resources and activity. In order to track progress on delivery against the Council Plan a delivery plan has been created that identifies specific activity that will be undertaken over the next year to work towards achieving the objectives set out in the Council Plan.
Tackling Inequality
A major focus of our Council plan is to tackle inequality. We have in place a strategic action plan which has recently been updated to ensure that it reflects progress made and any changes to local circumstances or national policy. The action plan was considered by the Executive on the 18th June.
The council is working in partnership with Derwent and Solway Housing in the target areas of Maryport and South Workington and Northside. Project Officers where appointed in May and have begun mapping out the project in more detail. Fair Finance Pledge.
The TUC are encouraging Councils across Cumbria through the CLB to sign up to the Fair Finance Pledge and Allerdale are considering this as part of the Tackling Inequality Strategy.
This pledge will support community financial development and will tackle financial inequalities. The pledge will ensure that the council would lobby for legislation to limit high cost credit shops and gambling establishments. We will also aim to limit the promotion of pay day lending as there is currently a high level of activity within Allerdale. The Council will increase awareness of the risks of high cost credit and promote the Allerdale Credit Union as an alternative which is affordable. Allerdale Borough Council staff have been encouraged to join the credit union through payroll deductions and we will support credit union growth by encouraging businesses to join the payroll scheme. The council will also review their debt recovery protocols and align it across the departments to ensure fairness.
By signing up to the pledge the Council will be promoting financial inclusion and will support the aim of tackling poverty and inequality.
Page 18 Property
Workington Town Hall
Workington Town Hall Community Hub has been undertaking a bit of a transformation over the last year. Councillors will recall that Allerdale vacated the premises four years ago and we have had several attempts to find a use for the building. Last year we began the work necessary to turn the building into a Community Hub for Workington. Workington Town Council are the anchor tenants along with Pearsons who manage the Driving Theory Test Centre. Since last August Allerdale MIND and the North West MEP, Julie Ward have taken up office space in the building. Earlier this year Cumbria Youth Alliance took up residence. There has been considerable renovation to the ground floor over the last few months and Citizens Advice Bureau have now moved from their premises on Vulcans Lane into the remaining space on the ground floor. CAB are providing a main reception for the building for visitors. The Town Hall is now almost at full occupation and further works are to be undertaken to the roofs and external decoration over the next few months. Further occupation is anticipated and I will provide Council with that information in due course.
Workington Hall
The second phase of emergency remedial works is underway at Workington Hall. The works include repointing, rebuilding small areas of stonework and providing a waterproof structure at first floor level to prevent further deterioration of the wall structure below. Most of the work is confined to the back left hand corner of the building. It is hoped that on completion of these works and the implementation of an annual maintenance programme will go a long way towards English Heritage looking at taking the building off the ‘At risk’ register.
Maryport Town Hall
Refurbishment works identified in a building condition survey have now been completed at Maryport Town Hall. The works included roof repairs, re-rendering and decoration works to the external fabric. Internal works included re-plastering minor electrical and joinery work and decoration. The feature window on the staircase was also replaced. The two faced clock on the front elevation of the building has been completely overhauled has had new motors installed.
Allerdale House
Further alterations are planned in Allerdale House. The proposed move includes re-locating the Leader and P.A.s to the ground floor and providing a members meeting room also on the ground floor close to Democratic Services. The works will be carried out over the next couple of months.
Page 19 Democratic Services
Member Development
The induction programme has come to an end and I hope those of you who did attend any of the modules have found them beneficial. We have already received positive feedback on the training sessions and in particular on the Induction Session and the introduction of the SMT ‘buddy’ approach for new councillors. There are still a number of members who were appointed to committees who have yet to attend the mandatory training. In line with the member development strategy those members run the risk of potentially losing their right to attend that committee if they do not take advantage of the next sessions made available to them.
Following the induction period learning and development opportunities will be ongoing. In the coming months you will be invited to prepare a Personal Development Plan, with support, to feed into the Member Development Programme ensuring those opportunities are tailored to your needs.
The team are currently compiling a business case in relation to purchasing the appropriate software to allow electronic voting and audio and visual recording for Council meetings.
Review of Councillors Allowances
As recommended by the Independent Panel for Councillors Allowances and agreed by Council in March 2015, Democratic Services are carrying out a full review of allowances and will be contacting members in due course for your views. The review will look at the Basic Allowance paid to all 56 Councillors and the Special Responsibility Allowances, including chairs of committees. Can I please encourage all of you to take part if you are asked to be involved to ensure a successful review.
2.4 Regulatory Services Portfolio: Cllr Konrad Hansen
Members, for those of you who are new to the council I thought it would be useful to include some of the highlights of the 2014-2015 year to show you how diverse the work is that our officers within this portfolio do for our community. Often we see officers attending our committee meetings, and we see stats reviewed against aims and objectives. Hopefully this report will also help you see more, and get a feel for the real diversity of skillsets we have amongst our professionals in Allerdale Borough Council.
Food and Occupational Health
Food Safety
Food Hygiene Visits/Interventions
561 food hygiene inspections and audits were carried out 85 food hygiene re-visits were made 61 Advisory visits were made to food businesses Page 20 561 food businesses were checked for compliance with the Health Act 2006
Investigations
20 complaints relating to food were investigated 19 complaints relating to hygiene of premises were investigated 163 food poisonings and 18 suspected viral outbreaks were notified to the authority and investigated A number of Food Alerts for Action were issued by the local authority
Sampling
52 shellfish samples were taken for classification of shellfish beds in Allerdale 118 food samples i.e. dairy products, ices and desserts, meat, game and poultry, fruit and vegetables, prepared dishes etc were taken for analysis. 166 other types of samples i.e. swabs, cloths, water were taken for analysis
Food Safety Promotion
A Healthy Menu Award was developed by the team and piloted with businesses in the Maryport/Workington area. Out of 20 businesses targeted in the pilot, 2 businesses have taken up the Award. The Healthy Menu Schools Award pilot for Secondary schools was launched County wide and Allerdale has two schools with the Award. Evaluation will determine whether the scheme is rolled out to all Secondary schools. Supported the Food Standard Agency national campaign with focus on the ‘Kitchen Check ‘Food Safety Campaign. 250 information packs were given out to Allerdale residents in additional to face to face contact with shoppers. Working with Trading Standards by gathering intelligence on illicit tobacco and ten businesses have been exposed to use of the Tobacco Reader to check for illicit products. Project to highlight standards of cleanliness of premises and equipment led to 50 ATP swabs being taken in a range of food businesses as an educational tool to help improve levels of hygiene and cleanliness. Attaining FSA funding has allowed the introduction of the UKFSS which will improve the recording and analysis of food sample data.
National Food Hygiene Rating Scheme (NFHRS)
956 food businesses are currently on the NFHRS and this has increased as lower risk businesses have been put on the scheme. A large number of the 129 low risk businesses were inspected as a result of putting these businesses onto the rating scheme. All food businesses that should be part of the scheme will now have a food hygiene rating.
Page 21 Health and Safety
Enforcement
Working with new National Local Authority Enforcement Code and the team has developed an action plan to meet compliance with the Code. This has also led to inter authority peer review.
Licensing
Development of new application forms for animal licensing to help capture additional information to reduce number of visits to new applicants and improve monitoring. There have been a number of annual licences issued to premises for Animal Boarding (19), Dog Breeding(1), Riding Establishments(2) and Pet Shops(6) There have been seven Tattooists/Skin/Ear piercing licences issued 2014/15. There has also been the implementation of the Tattoo Rating Scheme which will see a number of businesses applying for a rating.
Reactive Interventions
49 accidents were received from the national RIDDOR database which were investigated and resulted in 2 site visits being made. A number of service requests relating to Health and Safety i.e. staff welfare, unsafe work practices.
Proactive Interventions
The team were contacted on numerous occasions through the County Council Single Point of Contact. Officers attended at least 9 site visits to events. The national LPG Campaign, delivered by HSE and Local authorities has come to an end and of the businesses requiring work, there is only one business with work to be signed off. Extensive work has been undertaken to bring our records and database on camping and caravan sites up to date. Questionnaires and site visits are being used to bring the licenses up to date. 10 site visits have been carried out this year and the project is due to be complete shortly. In addition, a policy has been developed to meet the legislative changes to Residential Park Home sites, which has been agreed and introduced in 2014/15. There were 8 Asbestos notifications of licensable work and 7 visits were carried out.
Environmental Protection
Noise
Dealt with 126 noise complaints Produced standard planning conditions to meet the new IOA guidance for Wind Farms Page 22 Agreed a procedure when assisting the Police and Housing associations when investigating noise issues Served Statutory Nuisance notice on 2 residential and 2 commercial properties in Allerdale
Permits
We have issued 100% of all Environmental permit applications within 90 days Risk assessed permits in accordance with the permit inspection programme Produced a draft A2 permit for Innovia
Private Water Supplies
Sampled 127 private water supplies We have secured improvements on 3 supplies with lead failures which not meet drinking water standards Submitted the annual DEFRA return on private water supplies within Allerdale using the M3 module Working with DEFRA to introduce a strategy to investigate areas within Allerdale where we have heavy metal failures due to the geochemistry Participated in the BBC documentary series "Housing Enforcers" when dealing with a Arsenic failure on a commercial property Carried out 62 risk assessments
Contaminated Land
We have completed the validation on the Tenders old gasworks site to assist a residential property Working with the EA and rivers trust to assess what remedial measures can be achieved on the Carr Wood Spoil Colliery site Assessed 102 contaminated land reports submitted with planning applications
Public Health
Cleansed 2 residential properties where vulnerable individuals were living in filthy and verminous conditions Introduced a short term trapping programme to reduce the population of pigeons within the Workington/Harrington area Initiated the Mental Health Resource procedure for EHO when dealing with customers to be adopted County Wide
Anti- Social Behaviour
Organised County wide training event for LA's and the Police to introduce the new provisions of the Anti-Social Behaviour, Crime and Policing Act 2014 Implemented the Community Trigger complaint procedure on the Allerdale webpage Page 23 Bathing Waters
Submitting a PID for Electronic signage on water quality at 3 designated bathing areas Involved in producing a Beach Management Plan Working towards implementation of LOVEmyBEACH actions for Allonby beach
Licensing
The Licensing and Land Charges Service Improvement Challenge project is close to going live. Temporary Event Notice applications and taxi driver applications and renewals will then be handled on-line and in Customer Services.
Revenues and Benefits Revenues and Benefits transfer – The date for the transfer of Revenues and Benefits back to Allerdale from the shared service is scheduled for 1st August.
Corporate Health and Safety
15 bespoke DSE (Display Screen Assessments) carried out preventing staff getting any type of musculoskeletal injury. 28 members of staff attended opticians for eye care tests and glasses. 9 new chairs ordered for staff with musculoskeletal problems which assisted in preventing no lost time injuries. 5 Stress risk assessments carried out for staff suffering with varying aspects. 7 expectant mums risk assessments carried out for new and expecting mothers, these reviewed several times during the pregnancy and additional assistance given. Referred 5 members of staff to the Council’s Occupational Health provider for additional medical assistance. Carried out 12 risk assessments for varying activities and 2 COSHH (Control of Substances Hazardous to Health) assessments for substances used. Investigated 8 minor accidents reported by Allerdale staff (No RIDDOR reported). Managed the application and implementation of 31 events held on Allerdale land (no accidents or incidents reported on any occasion). Carried out a total of 30 health and safety inductions for new starters, apprentices and work experience personnel. Trained 9 staff in the appointed person first aid training qualification, totalling 22 trained staff throughout all offices. Trained 8 staff in the use of the Defibrillator stored at Allerdale House. Trained 15 staff on the IOSH 1 day working safely course which was (externally accredited by Woodwards Carlisle). Page 24 Prepared health and safety guidance for Councillors given out at full council. Prepared a health and safety management system and internal audit questionnaire for Harrington Harbour. Developed continuous improvement and collaborative working with Cumbria County Council, district Councils, external agencies and charitable organisations for delivery and implementation of Allerdale’s emergency planning function. Participation with Cumbria’s main emergency planning exercises, monthly Telstar exercises and part of Cumbria Local Resilience Forum-Local Authority emergency Planning Co-ordination Group (LAEPCG)
2.5 Locality and Commercial Services Portfolio: Cllr Michael Heaslip
Area Arrangements
Production of Area Plans – taking a holistic view of issues affecting each of our seven Areas, has been delayed slightly and is now due for completion of first draft at end of July. Area Working Groups will be able to consider the drafts later in the summer.
Streets
The Council undertakes street cleansing through our contractor FCC and has an award-winning Clean Street Scene team who deal with litter, fly-tipping, abandoned vehicles, dog fouling and other environmental crime. This is a high priority for the Council. A series of “Spring Cleans” in town centres to improve upon the high standards of cleanliness has taken place over the past few weeks with involvement of other interested bodies.
Dog-fouling is an emotive issue – as well as being disgusting and the Council has a zero-tolerance approach; Fixed Penalty Notices are issued and repeat offenders prosecuted. But the Street Scene team can't be everywhere and rely on citizens to report incidents and shame offenders. Dog Control Orders have recently been made for an additional number of sites; the intention is to ban dogs completely from enclosed pitches and play areas and require dogs to be on leads in some other public green spaces and environmentally sensitive areas. A new schools and media campaign is being planned.
Most of our public conveniences do not meet modern standards. Consultation on the Council Plan suggested that fewer but better facilities would be more appropriate. Patterns of usage have changed. Some of our facilities are in the wrong places and are now barely used. We will be bringing forward proposals.
Footway lights being removed by ENWL and for other reasons are being replaced as required. One day the budget for this will run out and replacement may not be immediate or at all unless Parish Councils, the original Street Lighting Authorities, accept some ownership of the issue. Discussions will continue.
Planning for a Grounds Maintenance contract procurement is under way, and will be discussed by Overview & Scrutiny Committee. Page 25 I report this under “Streets” because the biggest area of expenditure by far under the current contract schedule is street planting in towns and villages. The schedule also includes Council owned property : in descending order of current cost – parks and play areas, heritage land, cemeteries, industrial property, sports facilities, council offices, and car parks.
Open Spaces
The Environment Agency is leading the development of River Catchment Management Plans through Catchment Partnerships in which the Council is involved. There has been a consultation with stakeholders to which we have contributed.
Waste & Recycling
Further properties in Cockermouth and the Wigton Area are being brought into the purple bag recycling scheme. There are some very isolated properties (in all Areas) where it will never be feasible to introduce doorstep recycling collections. In the Newlands Valley we have introduced a mini-recycling centre at Stair Village Hall with Above Derwent Parish Council. We will be talking to some parishes in Wigton Area soon about introducing that model where doorstep collection is not possible. Following the “bring site” review we will be removing plastic and heavy cardboard recycling skips from six sites due to minimal usage. The rest of our 60 sites will remain unchanged.
The pilot scheme for the use of purple hessian reusable sacks (instead of purple bags which are expensive and cannot themselves be recycled) in the Keswick Area will commence shortly. If we were to use hessian instead of plastic across all Areas the bottom line would benefit by £85k per year.
We are tendering sale of recycled materials by July, but can't at this stage make a forecast, though world prices are lower now than last time the sale was tendered. The trade waste business is growing strongly. Turnover has increased by £50,000 per year over the last two years and we plan an increase in turnover of £60,000 in 2015-16.
Remember that our Waste & Recycling business is volatile. Costs are largely fixed, but income can vary widely, through changes in the value of recycling credits paid by the County Council and by changes in the world market price for plastics, glass, and paper, which has been falling recently.
On the horizon is the increase in our Government-imposed recycling target of 50% by 2020 – with the prospect of big fines for failure to achieve it. In some places we meet the target; in others we are nowhere near and will need radical thinking and action. We have agreed with FCC to employ a Waste Minimisation Officer to work on “reduce, reuse, recycle” programmes. Although there is funding for this post within the existing contract budget, it should pay for itself.
Page 26 Council Car Parks
The Council operates a number of “pay and display” car parks in Workington Cockermouth Keswick Maryport and Wigton. Operation of these car parks is under review. I want to move towards a system which is much more flexible in market-led pricing and timing and payment systems to allow the car parks to serve their proper function of supporting jobs entertainment and shopping in these towns so that the car parks are nearly full but never so full that people can't find a space during business hours.
Council Tourism Facilities
The Council owns two tourism-focussed businesses – Maryport Wave and Keswick Spa, and investment in both over the past few years is producing results, though neither is yet fully viable without support. Both are managed on our behalf by GLL. Keswick Spa will need major refurbishment or replacement in the foreseeable future.
Council Sports Recreation and Play Facilities
The Council owns two Pool and Leisure Centres, in Workington and Cockermouth. The current Workington centre is life-expired and due to close at the end of this financial year. Construction of its replacement on Laundry Field is well under way: on schedule, on budget, and with no significant construction problems. The Cockermouth Centre, though ageing, is not yet life-expired and is extremely busy, operating to capacity much of the time. Replacement will need to be considered at some point in the future.
The Council also owns parks, play areas, grassed areas, and sports pitches of various kinds. The recent survey for the Leisure Strategy showed that many of the sports pitches lack the quality and facilities to meet current recognised standards. We will be considering how to ensure our facilities meet those standards over the next months. Options may include transfer to other community bodies who would be better placed to manage these very local facilities.
Council Environmental Heritage Property
The Council owns two sites of national (at least) environmental heritage importance, as well as some smaller Local Nature Reserves and undesignated – but still valuable – properties some of which are part of green corridors which could be designated under the Local Plan.
Siddick Ponds is a Site of Special Scientific Interest and home to a wide range of wildlife, although many of the migratory birds only lodge for a while. We are working on a revised Plan for the area, taking in the adjacent allotments, to provide better controlled public access and facilities for educational use.
Workington Hall is a Scheduled Ancient Monument and Grade I Listed Building, and a Scheduled Historic House and Garden, an exceptionally rare status. Sadly, it had been rather neglected, to put it kindly, but remedial work on the building is under way. Page 27
We are currently investigating a potential bid to the Heritage Lottery ‘Parks for People’ programme to enhance the whole of the Workington Hall Parklands. This would focus on the entire estate, of which the ruin of the hall is one part.
We work closely with Workington Town Council on these two sites and others, through the Workington Nature Partnership, on plans but also on practical things such as willow-spiling in Eller Beck, Scale Beck, and Cloffocks Beck to resist erosion and reduce downstream siltation. This is an interesting and innovative model but as yet no other Town or Parish Councils have shown interest in it.
2.6 Tourism and Culture Portfolio: Cllr W Jefferson
‘A Shared responsibility for a Very Special Place’
The Solway Coast Area of Outstanding Natural Beauty (AONB) five year Management Plan 2015 – 2010 has reached completion after a two year review process including full public consultation. The statutory plan has been produced by the AONB Partnership on behalf of the three Local Authorities with responsibility to look after the area, they are Allerdale Borough Council, Cumbria County Council and Carlisle City Council.
New Agreement
A new four year Memorandum of Agreement (MoA) has recently been presented to the Council to provide hosting and a joint funding contribution to the Solway Coast AONB Partnership and Staff Unit. This is a joint agreement with Cumbria County Council and Carlisle City Councils.
Solway Coaster
The bi-annual journal of the AONB Partnership has just been published for the Summer period with interesting articles about the area and the work of various organisations. It also includes a comprehensive programme of volunteer work days and events.
New Web Site
A new and fully refreshed web site has been launched by the AONB Partnership, this time with a visitor, tourism and marketing focus.
Coastal Community Teams
A bid is being developed for consideration by the Department for Communities and local Government to provide funding for two community based teams or partnerships to develop a range of outputs but with a coastal emphasis. The two teams cover Maryport and Allonby and the other Silloth and the AONB area. The initial bids are to secure £10,000 worth of ‘seed funding’ for each team to develop a strategy to deliver projects across a wide range of outputs from tourism to economic growth. The fund can also be used for projects. Page 28 Visitor Guide
A new visitor guide for the seven towns in Allerdale has been produced and distributed throughout the Borough. This new pocket guide is part of our ‘town centres’ focus in the Council Plan which aims to develop and promote the unique identities of our towns. Copies are available from the Town Centre Managers and at all Council Offices as well as Local Businesses.
Wigton Heritage Trail
The Heritage Trail has been created to encourage visitors to explore the town centre and provides an interesting and easy-to-follow guide to the history and development of Wigton. The Trail and associated booklet were developed by the Wigton Town Team and involved numerous partners.
The Trail incorporates 22 sites of interest across the town centre including St Mary’s Church, the George Moore Memorial and Wigton Theatre. It’s a circular trail which takes between 60 minutes and 90 minutes to complete. Numbered blue plaques have been put up at each site of interest.
Solway Wetlands Centre
The new Solway Wetlands centre at the RSPB reserve of Campfield Marsh, near Bowness-on-Solway receives increasingly more visitors now that the centre is open and staffed by volunteers. Spring saw the completion and opening of the Wetland Discovery Zone, aimed at encouraging the young and the young at heart to engage in natural play and wetland habitats. Two new walking trails have been completed to enable people to get out on the bog on boardwalks and experience the wonderful landscapes and habitats. New pools and a viewing area have been created to improve habitat and help visitors get close to wildlife on the site. In addition, two new “Tale Trails” have been created to bring the area to life for families through a host of wetland wildlife characters.
Holme Cultram Abbey
This UK national monument and grade 1 listed building has now opened to the public after a long period of regeneration. The project has worked with the local community to create an improved visitor welcome including a range of building access works, new exhibition telling the history of the Abbey and the landscape, accessible toilets and a tea room.
Archaeology
The 3 year “Hidden Heritage” archaeological project continues with another annual excavation, largely focusing around the Abbey but also looking at other archaeological sites on the Solway.
Wetland Habitats
The wetlands project continues to work with local farmers and Natural England to manage habitat and landscape improvement projects on the Solway. A marsh Page 29 fritillary butterfly release took place in April and a bank of volunteers has been recruited to carry out monitoring activities. Habitat improvement work for this special species has resulted in new areas of land being colonised by this rare species.
Events
A programme of 25 public events running in 2015- these are all on www.solwaywetlands.org.uk, in the new events leaflet and in the Solway Coaster. These include wildlife taster days such as dragonflies, bog mosses, bats and moths as well as heritage skills events such as pond creation and wild food foraging. They also involve events aimed specifically at families and children such as the Wetlands Discovery day. The exhibition “Wildlife of the Solway Wetlands” has been on tour in several locations including the Haig Pit and is now at the Wave in Maryport.
Learning
The education programme has had a busy summer term running a number of workshops for schools as well as informal activities for groups such as the cubs and beavers. Additionally, our popular programme of Solway Nature Explorers will be available in the summer holidays for young people in and around the Solway Coast area.
Remembering the Solway
The new community history project is underway, aiming to capture and record the memories of local people on the central and northern part of the Solway Plain and coast. A very successful community drop-in day in Port Carlisle was attended by lots of people, some of whom brought along their own historical objects. The next step is to train up a group of volunteers to carry out oral history interviews and recordings. The project will run over several months and will culminate next year in a launch, publication and short film.
2.7 Housing Health and Wellbeing Portfolio: Cllr Carni McCarron Holmes
I feel that for the benefit of the new members to the Council I should give an outline of the portfolio.
Public Health
The Government decided some time ago to pass onto Local Authorities the responsibility of Public Health as opposed to Environmental Health. Allerdale has made a specialist post of a Public Health Officer – Helen Sant, who has made tremendous strides in this field since taking over the post just a few months ago. Currently the issue we are facing is the media report of Carlisle Hospital being separated from the West Cumberland Hospital. We have over a relatively short period of time seen many services at West Cumberland Hospital transferred to Carlisle and beyond. The new extension to West Cumberland Hospital looks good structurally but appropriate staffing and full services remain a problem. I am endeavouring to set up an urgent meeting as I write to ascertain what is truly to Page 30 happen to these Hospitals in “Special Measures”; closure of beds and staffing issues do little to assist people with Health issues in Allerdale Borough.
We now have a thriving Borough Health Forum to link in with the Health and Wellbeing Board and its strategic needs assessment. We have defined as our priorities obesity, smoking, and strokes, this coincides with the County Councils priorities too.
Housing
The Queen’s speech in May outlined the Right to Buy 2 which allows Housing Association tenants to purchase with discount their dwellings. Undoubtedly the economic consequences to Housing Associations could prove difficult. The feasibility of forcing private charitable housing association to sell off assets without breaking charity law has yet to be teased out. A number of FOI requests asking for clarity and explanation as to the financial aspects have been blocked by the DCLG
As a Council we do endeavour to keep close links with the Housing Associations – Your Housing Group, Home Group: Impact. We also have a number of leased properties for use when we need to house statutory homeless family/person. The Extra room premium aka Bedroom Tax has given tenants of the Housing Associations concern. In order to remain in the house they have tenanted for many year they are paying the extra but have to cut back on other necessary items like heating etc. There are not enough 2 bed dwelling voids for those who wish to downsize rather than pay the premium.
Armed Forces Champion
This Council signed the Armed Forces Covenant quite some time ago, being one of the first in the County. We are supporting the project by Home Group and Royal British Legion to build a 12 unit property to house returning Forces Personnel who for any reason are unable to return to their home immediately on demob.
We have setup a working group which includes the Royal British Legion, Citizens Advice Bureau, Housing Health and DWP to discuss issues which will assist veterans reintegrate into Civvy life.
2.8 Transformation Portfolio: Cllr Phil Tibble
Risk Management
I am pleased to confirm the appointment of our Senior Auditor Emma Thompson to the new post of Assurance, Risk and Audit Manager commencing 5 August 2015.
The team are arranging another training session in relation to the Integrated Assurance Framework. This session is very practical with plenty of assurance questions and scenarios, to encourage understanding of the concept and the value.
To date the team have met with over 30 managers and senior officers throughout the business, spending time on a 121 basis, documenting, discussing and guiding Page 31 them though their picture of assurance. Practically guiding and advising each manager or senior officer through the integrated assurance framework has been well received and all involved have actively participated. We have found this efficient and effective use of our time to be invaluable, and the whole organisation knowledge and awareness we have now gained is exceptional.
This is not a one off exercise, although the services own their completed maps and should use them to assist with risk management going forward, Internal Audit will continue to meet with and advise these teams to drive forward an organisation wide integrated assurance program. The training will provide examples of this work and the assurance and value it provides to Managers and the Council.
The team have reviewed the Council’s Counter Corruption Framework which fully supports the Council’s desire to conduct all its business with honesty and integrity, in a manner that is free from fraud, corruption and impropriety in whatever form it takes. A Fraud E-learning training session has been launched on the intranet and all staff have been encouraged to complete it as part of the Council’s approach to the Governments fighting fraud locally strategy.
Community Safety
The Domestic Homicide Review, commissioned by the West Community Safety Partnership, after a tragic incident in Millom, has recently been completed and the report has been submitted to the Home Office. During the course of this review it become apparent that the local Community Safety Partnerships were responsible for the commissioning, selecting and funding of a Chair, Administration Support and publishing of the findings of any DHR when one is deemed necessary by the CSP or Home Office. As Allerdale is a statutory partner in the CSP this has resource implications for both the Council and the Partnership. Through the Safer Cumbria structure, which I attend as Chair of the West CSP, I have asked for training to be given to partners who are responsible in this area.
It is hoped that we will have a new CSP Co-ordinator in post in the very near future. This post is funded by both the Police and Crime Commissioner and local CSP partners. The projects funded by the CSP, eg Pub Watch, Youth Projects, protective measures for victims of Domestic Violence are ongoing.
We have been told by the PCC’s Office that the new CCTV system will be up and running by the 1st August 2015. Members will remember that the Commissioner initiated a Cumbria wide project whereby the Police will now control and monitor all cameras in the County. District Councils are contributing towards the cost over the next three years. The majority will be new cameras and we are in discussion with Partners, should they wish to make use of the current Allerdale cameras and infrastructure.
Page 32 Transformation and ITC
The ‘My Ward’ intranet information centre for members will be released as a pilot in the next 2 weeks. This will be released to all members when feedback from the pilot has been reviewed and changes implemented.
A project to manage the implementation of a mobile app for members has been initiated. The app will provide members with secure access on mobile devices to all modern.gov documents.
A new legal case management system has been successfully implemented, and is already improving performance. Our debt recovery processes are being integrated with the new system as part of a Service Improvement Challenge, further improving services to customers.
The Smarter Ways of Working Programme is moving forward, with further office moves, and planning work underway on the mobile working, SharePoint and Unified Communications projects.
I pleased to report that Carlisle City Council officers have visited the Allerdale to learn how we established the Programme Office and its project management systems. They were greatly impressed by the progress made and the work of the project managers.
For the third year running ABC has received the Best in the NW Gold Performance award for its accuracy in GIS address data. Thanks to Steve Roach Evans and Martin Hilton for their work on this.
At the time of writing 10 of the 16 new Councillors have been provide with access to the Council email system. Thanks to the help desk team of Les Ward, Steve Evans and our IT apprentice Sam Bristoe.
Emergency Planning
Graeme Wilson is now the Senior Manager with responsibility for Emergency Planning within the Borough, and Barry Chambers is the Officer with day to day responsibility. A new structure has been drawn up outlining the Officers who have responsibilities should a major incident occur, contact details and their role. Plans are in place to improve the Councils response to Major Incidents eg, providing satellite phones, using the Council Chamber as the Command Centre, the issuing of sim cards that enable staff to access communication links during an Emergency. We have also purchased a new interactive white board for use in an Emergency situation. Members my recall this being used at the recent Election count with good results. Officers recently attended an Emergency Planning exercise at Wigton, which looks at possible problems arising from high pressure pipelines within the Borough. Allerdale officers also attended the Recent Oscar 2 exercise in Whitehaven which deals with a possible Emergency situation in the Nuclear industry.
Page 33 Training is also being provided for the CMT and other key staff in specific areas. We work closely with the County Council on Emergency Planning and have a Mutual Aid agreement with other Cumbria Councils should a situation arise.
The County Council do provide one day courses for members in relation to Emergency Planning which is a useful and interesting course to attend. I am looking at organising a workshop/presentation for members once our new plans are in place.
Flood Prevention
A grant of £70k has been secured for 2015/16 to support investigations into work on coastal defences within Allerdale, in an initiative led by the Environment Agency and the County Council. We are hoping to for a further £70k and for funding to be accessed from other sources. Officers continue to engage with the Keswick Flood recovery group. Discussions continue with Environment Agency, the NFU and other stakeholders around the setting up of a Drainage Board in North Allerdale following the EA’s decision to eventually stop the support of pumping stations, and ditches in the area.
Page 34 Agenda Item 9
At a meeting of the Executive held in Council Chamber - Allerdale House on Wednesday 11 February 2015 at 9.00 am
Members
A Smith (Chairman)
B Cannon M Heaslip M Fryer C McCarron-Holmes K Hansen P Tibble
Staff Present
I Frost, A Gilbert, C Holmes, C Nicholson, G Roach, A Seekings, S Sewell and P Shackley
394 Minutes
The minutes of the meeting held on 14 January 2015 were signed as a correct record.
395 Declaration of Interest
6. Budget 2015-16 – Revenue and Capital. Councillor Alan Smith; Other Registrable Interest; Due to his being a Board Member on the Allerdale Investment Partnership.
6. Budget 2015-16 – Revenue and Capital. Councillor Barbara Cannon; Other Registrable Interest; Due to her being a Director of the Carnegie Theatre Trust.
6. Budget 2015-16 – Revenue and Capital. Councillor Mark Fryer; Other Registrable Interest; Due to his interest in the Carnegie Theatre Trust and being a Board Member on the Allerdale Investment Partnership.
396 Questions
None received.
397 Members Announcements
None received.
398 Budget 2015-16 – Revenue and Capital
The subject of the decision:
The Head of Financial Services submitted a report which sought to present to members the draft revenue and capital budget, and the formal advice of the Page 35 chief financial officer on the robustness of the estimates included in the budget and the adequacy of the reserves which support the Council’s budgetary plans.
The draft budget proposal had taken in to account evidence from a survey of residents and a budget consultation, carried out between 12 December 2014 and 23 January 2015.
Members noted the provisional 2015/16 Settlement Funding Assessment (SFA) issued on 18 December 2014 as detailed in paragraph 3 of the report.
Members proposed to reject the offer of a government grant for 2015/16 in lieu of any Council Tax increase and recommended a 1.9% increase in Council Tax, which was included in the draft budget.
The draft net expenditure for 2015/16, excluding parishes and spend on earmarked priorities was £12.324m. In order for the Council to continue to meet its statutory obligation to deliver a balanced budget it would need to deliver a package of self-sufficiency savings of £3.473m over the period 2015/16 to 2018/19.
Councillor Fryer requested that members be provided with regular feedback on progress with the Self-Sufficiency Programme.
It was highlighted that one-off allocations of £10k for each of the seven town centres was being recommended to build on work already carried out in the previous year, and also £10k for Seaton Parish Council as Allerdale’s largest village. The Parish Council would be expected to work with Allerdale Borough Council in developing a scheme to support amenities for the village.
Members discussed a recurring growth bid for £20k for three years for a Sexual Assault Referral Centre. Members were informed that the Cumbria Police and Crime Commissioner (PCC) had written to each of the Cumbrian authorities asking whether they would support in principle a central Cumbrian Centre. Councillor Smith said it was agreed in principle on the basis that the Cumbria PCC provided more background and a detailed plan with budget figures.
Councillor Cannon and Councillor A. Smith thanked all officers who had worked on formulating this year’s budget proposal.
Alternative options considered:
None.
The reason for the decision:
The Council had a statutory requirement to approve a balanced budget.
The decision:
Recommended – That Council are requested to agree that -
Page 36 1) The total planned revenue expenditure was £15,211,646 including net parish precepts of £1,624,819 2) £13,787,294 be approved as the Council’s net Budget Requirement for 2015/16 3) An increase in Council Tax of 1.9% be approved 4) It was not proposed to make any changes to the Council’s Council Tax Reduction discount scheme and Executive recommend the current scheme to remain in place for 2015/16 5) The amount of central government funding in respect of council tax support funding included in the Councils Settlement Funding Assessment to be paid to Town and Parish Council be set at £92,533 (Appendix A) 6) The revenue estimates as approved are used in the calculation of the basic amount of tax under Section 31 of the Local Government Finance Act 1992 7) The minimum level of un-earmarked general fund balances be set at £2.7 million and that no maximum level be set 8) The capital budget of £10,059,443 (profiled as £9,956,007 in 2015/16 and £103,436 in 2016/17) be approved 9) The proposed capital budget be financed as follows:
Capital Receipts £60,000 Government Grants £2,575,355 Borrowing £5,570,853 Revenue £1,853,235
399 Council Plan 2015-2019
The subject of the decision:
The Chief Executive and Leader of the Council submitted a report which asked members to endorse the Council’s priorities for 2015-19 as set out in the Council Plan 2015-19.
The Council Plan was a key policy document outlining the council’s priorities for the next 4 years. Members were asked to endorse a Council Plan summary and supporting narrative document with five supporting strategy or plans for each of the identified priority themes as follows; - Tackling inequality - Strengthening our economy - Enhancing our towns - Improving health and wellbeing - Creating a sustainable business
With regard to the Improving Health and Wellbeing theme, Councillor McCarron-Holmes requested it be included that the Council had invested in a new Strategic Health Manager to support this priority.
Councillor Heaslip also requested that the council’s commitment to working to maintain full services in all hospitals be included.
Page 37 Members approved the draft Council Plan and supporting documents subject to the above amendments.
Alternative options considered:
Not to approve the Council Plan for 2015-19 and supporting documents.
The reason for the decision:
To endorse the Council’s priorities for 2015-19 as set out in the Council Plan 2015-19.
The decision:
Recommended – That Council are requested to agree that –
1) Members approve the amended draft Council Plan 2015-2019 2) Members approve the amended supporting thematic strategy and plan documents.
400 Commissioning of Grounds Maintenance Services
The subject of the decision:
The Locality Officer submitted a report which sought to provide members with an update on the commissioning approach taken for the identification of potential service delivery models for grounds maintenance service in Allerdale and to seek approval to continue with the appraisal exercise.
In 2005, ISS Facility Services Ltd purchased Mitchell & Struthers Ltd and an existing Agreement from 2003 for grounds maintenance for Allerdale Borough Council was transferred over. On 12 November 2012 Allerdale Borough Council agreed to extend the Agreement.
It was noted the Council had set an affordability savings target of £200k per year for grounds maintenance services for 2016/17 and an assessment of potential future service delivery models had been undertaken with a view to achieving that target. Of six potential service delivery models identified the highest scoring option was for a ‘Contractor – to procure a provider to deliver a performance based service’.
Alternative options considered:
A commissioning approach had been adopted for the identification and selection of potential service delivery models, including:
1. Contractor; 2. Direct delivery (in-house); 3. LA trading company (Service); 4. LA trading company (Commercial) 5. Shared service (Public-Public); 6. Joint venture (Public Private). Page 38 The reason for the decision:
To establish cost effective grounds maintenance in Allerdale delivering to the needs of the local community.
The decision:
Resolved – That –
1) The results of the service delivery model option appraisal exercise be approved 2) ISS Facility Services Limited (Company Registration Number 00890885) be provided with written notice of the Council’s intention to terminate the Agreement on 31 March 2016 3) Consultation with stakeholders and potential suppliers on future service outcomes be approved 4) Further investigation in to the opportunities for joint working with other public bodies be approved 5) A strategy for the procurement of grounds maintenance services for contract commencement on 1 April 2016 be developed.
401 Revenues and Benefits Shared Service
The subject of the decision:
The Head of Financial Services submitted a report to provide members with an update on the Revenues and Benefits Shared Service (RBSS) and to seek member’s approval on recommendations for future operational arrangements for the service.
The shared service with Allerdale Borough Council, Copeland Borough Council and Carlisle City Council was set up in 2010 and initial efficiency savings were achieved. However due to poor service performance, difficulties in managing the service across three sites and additional internal and external factors, such as Universal Credit and differing council priorities, it was agreed it was time for each Council to manage its own operational staff. There was intention to keep some functions of the shared service that had been of benefit, such as the ICT infrastructure and Systems and Controls support.
Members noted a project plan detailing the transfer of operational staff to each of the three councils by 1 July 2015.
Alternative options considered:
Not to agree the recommendations.
The reason for the decision:
To progress the changes proposed by the current Transformational and Operations Boards.
Page 39 The decision:
Resolved – That –
1) The three Chief Executives’ recommendations be considered in that Revenues and Benefits Operational staff be returned to the three Councils by 1 July 2015, following the project plan set out in Appendix 1, Localisation of Revs and Bens Service 2) It be agreed in principle to terminate the Staff Transfer Agreement and vary the Service Level Agreement to reflect the proposals set out in the report, with the final decision whether to terminate/vary be delegated to the Chief Executive, following consultation with the Portfolio Holder for Customer and Regulatory Services 3) Responsibility for TUPE transfer arrangements for staff returning to Allerdale from Carlisle City Council be delegated to the Chief Executive, with professional support provided by the Council’s HR Team 4) Any subsequent financial implications that were deemed significant would go through the appropriate decision making processes if required 5) Proposals were being progressed in respect of ICT arrangements, Systems and Controls support and other issues, and future arrangements be delegated to the Chief Executive following consultation with the Portfolio Holder.
402 Quarterly Finance Report to December 2014
The subject of the decision:
The Head of Financial Services submitted a report which sought to provide members with financial information for the quarter three period, April to December 2014.
Members noted that at the end of quarter three the total actual and committed expenditure was £12.7m, made up of £9.8m actual expenditure and £2.9m committed expenditure. The forecasted position at the end of the financial year was a net overspend against budget of £49k, or 0.3% of the annual budget.
Budget holder’s forecasts at the end of December 2014 predicted that the original 2014/15 Self-Sufficiency target of £525,000 would be slightly under achieved by about £15,000.
Those present considered the financial position of each of the portfolios in turn and noted the Capital Budget, Treasury Management and Risk Management positions.
Alternative options considered:
None.
The reason for the decision:
To provide members with the following financial information – Page 40 1. Revenue monitoring and forecast position to the end of the financial year 2. Capital monitoring and forecast position to the end of the financial year 3. Treasury Management operation 4. Risk Management information 5. Sundry financial information 6. Debts written off
The decision:
Resolved – That the report be noted.
403 Council Commitment to Local Communities 2012-2015 Quarter 3 Performance Report 2014/15
The subject of the decision:
The Senior Policy and Performance Officer submitted a report which sought to advise members of the Council’s performance at the end of quarter three 2014/15, as measured by the Council Plan (Council Commitment to Local Communities 2012 – 2015) key actions and projects.
Members considered the latest progress made against each of the key projects and actions set in the Plan.
Alternative options considered:
None.
The reason for the decision:
To advise members of progress against the Council Plan key actions and projects.
The decision:
Resolved – That the report be noted.
The meeting closed at 10.35 am
Page 41 This page is intentionally left blank
Page 42 At a meeting of the Executive held in Council Chamber - Allerdale House on Wednesday 11 March 2015 at 9.00 am
Members
A Smith (Chairman)
M Fryer C McCarron-Holmes K Hansen P Tibble M Heaslip
An apology for absence was received from Councillor B Cannon
Staff Present
I Frost, A Gilbert, C Holmes, C Nicholson, G Roach, A Seekings and S Sewell
439 Minutes
The minutes of the meeting held on 11 February 2015 were signed as a correct record.
440 Declaration of Interest
None declared.
441 Procedural Rule 4.31.2
Councillors Finlay, Fitzgerald and Harrington attended the meeting under Procedural Rule 4.31.2.
442 Questions
None received.
443 Members Announcements
None received.
444 Allerdale Leisure Strategy
The subject of the decision:
The Sport and Leisure Officer submitted a report which sought members to adopt the Allerdale Leisure Strategy for 2015-19, and supporting documents, in line with the Councils priority to support Sports, Arts and Leisure.
Councillor Heaslip moved the report and recommendations.
Page 43 The Strategy provided a framework for all Council activity with regard to sport, leisure and physical activity and sat under the Improving Health and Wellbeing priority in the Council Plan.
In producing the Strategy the Council had consulted widely with the community, including sports organisations and clubs, town and parish councils, private and third sector leisure providers, members, officers and the general public via the council’s website.
Councillor Fryer seconded the motion. In seconding the motion Councillor Fryer said the Strategy brought together a lot of hard work from over the last four years and it was important the Council worked with its communities to assist in providing high quality sport and leisure facilities.
Alternative options considered:
Not to approve the Allerdale Leisure Strategy and supporting documents.
The reason for the decision:
To adopt the Allerdale Leisure Strategy developed in line with the Council’s priority to support Sports, Arts and Leisure.
The decision:
Resolved – That the Allerdale Leisure Strategy 2015-19 be adopted and the supporting documents, contained within the appendices, be endorsed as ‘live’ documents to be updated and amended on a constant basis when new information becomes available.
445 Footway Lighting Review: Report of the Community Overview and Scrutiny Committee
The subject of the decision:
The Chair of Community Overview and Scrutiny submitted a report to provide an update to the Executive on the work and findings of the Community Overview and Scrutiny Footway Lighting Sub-Committee and asked members to consider recommendations from Community Overview and Scrutiny.
Members were asked to note the content of a report from a meeting of the Footway Lighting Sub-Committee on 6 February 2015 and to approve the subsequent recommendations from Community Overview and Scrutiny.
The Portfolio Holder for Locality Services thanked Scrutiny for producing the report and moved the recommendations. He said the decision made by Electricity North West Ltd (ENWL) to remove bracket-mounted lights upon the replacement of old wooden poles had meant a significant burden on Allerdale Borough Council and as a consequence therefore on Town and Parish Councils. He continued the issue was complicated as there had never been a policy on footway lighting since 1974. The motion was seconded by Councillor Hansen. Page 44 Councillor Fitzgerald also made representations to the Executive and asked members to reconsider the original recommendations of the Scrutiny Sub- Committee. She said rural parish councils suffered from a significant number of problems, and discussed in particular low precepts, and said the proposed recommendations would result in a high increase to those precepts.
Councillor Heaslip said, as per the recommendations, it was important to recognise the possibility of negotiation with Town and Parish Councils with a view to reaching a compromise.
Councillor Fryer highlighted that some urban Town Councils had been paying tax for the last 40 years for footway lighting even though they didn’t have many lights in their area.
Alternative options considered:
Not to accept the recommendations.
The reason for the decision:
To consider the findings of the Community Overview and Scrutiny Committee and decide whether to accept their recommendations.
The decision:
Resolved – That –
1) Allerdale Borough Council continues to pay energy and maintenance costs for footway lighting until a resolution was achieved 2) Negotiations commence with Town and Parish Councils, asking that they take on the energy and maintenance costs of lights within their town/parish (estimated at £60-70 per annum per light) and that Allerdale Borough Council pays for all future light replacements 3) The remaining balance of the £98,950 budget available for replacing footway lights be safeguarded to cover the immediate costs of replacing lights.
The meeting closed at 9.50 am
Page 45 This page is intentionally left blank
Page 46 At a meeting of the Executive held in Council Chamber - Allerdale House on Wednesday 15 April 2015 at 9.00 am
Members
A Smith (Chairman)
M Fryer C McCarron-Holmes K Hansen P Tibble M Heaslip
An apology for absence was received from Councillor B Cannon
Staff Present
I Frost, C Nicholson, G Roach, A Seekings, S Sewell and P Shackley
477 Minutes
The minutes of the meeting held on 11 March 2015 were signed as a correct record.
478 Declaration of Interest
None declared.
479 Questions
None received.
480 Members Announcements
None received.
481 Award of contract for the management and operation of markets
The subject of the decision:
The Head of Economic Growth submitted a report which sought members to award the contract for the management and operation of markets on behalf of the Council.
The Executive had previously considered a report from the Head of Development Services for the award of the contract however members did not consider they had received sufficient information to arrive at a decision. It was agreed to end the process and to commence a new process, to include an options appraisal on procurement processes available.
Following the options appraisal, 6 potential service delivery models had been identified. On the 7 January 2015 the Director, in conjunction with the Portfolio Page 47 Holder, agreed on the procurement of a Contractor to deliver a performance based service as the most suitable option for the Council.
With regards to paragraph 11.2 of the report, it was agreed that the Executive would receive a quarterly review on the trade and capacity of the Councils markets and the service being delivered by the Contractor.
Alternative options considered:
Not to award the contract.
The reason for the decision:
The Councils current contract with Geraud Markets Ltd. to manage and operate markets on behalf of the council terminates on 31 May 2015.
The decision:
Resolved – That –
1) Tenderer 1 be awarded the contract to manage and operate markets on behalf of the Council for a period of five (5) years with an option to extend by a further five (5) years 2) Executive receive a quarterly review report on the service delivery of the Contractor.
The meeting closed at 9.40 am
Page 48 Agenda Item 10 Allerdale Borough Council
Council – 15 July 2015
Local Authorities (Standing Orders) (England) Regulations 2015
The Reason for the Decision To report on new regulations that change the procedure for dealing with disciplinary action against the Council’s three statutory officers.
Summary of options considered Changes are required to standing orders following implementation of the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 which came into force on 11 May 2015.
Recommendations That, in order to comply with the Local Authorities (Standing Orders) (England) (Regulations) 2001 (as amended by the Local Authorities (Standing Orders)(England) (Amendment) Regulations 2015), Council:
a) Appoints the Chief Officer Employment Panel as a committee appointed under section 102(4) of the Local Government Act 1972 for the purposes of advising the Council on matters relating to the dismissal of relevant officers of the Authority and amend its terms of reference accordingly in the Council’s Constitution
b) Endorses the invitation on behalf of the Council to the Independent Person to be considered for appointment to the Panel and appoints Paul Burns as a co-opted member of the Chief Officer Employment Panel only for dealing with matters relating to the dismissal of relevant officers in accordance with the statutory procedure and agree that invitations be extended for another Independent Person from neighbouring authorities in the area to sit on the Panel as required
c) Amends any other reference in the Constitution so as to comply with the amended Local Authorities (Standing Orders) (England) Regulations 2001.
d) Agrees that the changes become effective on 16 July 2015
e) Authorises the Monitoring Officer to make the Pagenecessary 49 amendments and any consequential amendments to the Constitution.
Financial / Resource Implications There are no additional financial or resource implications at this stage.
Legal / Governance Implications The legal and governance implications are set out in the report
Community Safety Implications There are no community safety implications arising from this report
Health and Safety and Risk There are no health and safety and risk Management Implications management implications arising from this report
Equality Duty considered / Impact The equality duty has been considered Assessment completed
Wards Affected All Wards
The contribution this decision would An efficiently operating system, to support the make to the Council’s priorities Council’s activities, better enables the authority to deliver its local plan priorities.
Is this a Key Decision No
Portfolio Holder Councillor Barbara Cannon
Lead Officer Sharon Sewell Head of Governance & Monitoring Officer, Tel: 01900 702887 [email protected]
Report Implications (Please delete where applicable).
Community Safety N Employment (external to the Council) N Financial N Employment (internal) N Legal Y Partnership N Social Inclusion N Asset Management N Equality Duty N Health and Safety N
Background papers: The Local Authorities (Standing Orders)(England)(Amendment) Regulations 2015 and Explanatory Memo.
Page 50 1.0 Introduction
1.1 On 25 March 2015 the Secretary of State for Communities and Local Government laid before Parliament the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015. These regulations came into force on 11 May 2015 and the Council is obliged to implement the changes no later than its first ordinary meeting after that date.
1.2 The changes to the rules relate to the procedure to be followed in relation to disciplinary action taken against the Head of the Paid Service, the Monitoring Officer or the Chief Finance Officer. Under the outgoing regime, the Council had to appoint a Designated Independent Person (DIP) to investigate a disciplinary matter involving those officers and the Council could then only take action in accordance with the DIP’s report and recommendations. The new regulations seek to introduce a new streamlined procedure whilst attempting to retain some independent check within the system. They give the “independent person” appointed to support the members’ conduct framework a role in the disciplinary process for statutory officers.
1.3 In summary, under the new rules, the Council must:
i. incorporate the procedure set out in the regulations into its Standing Orders and modify any other procedures to conform with the new regulations (including the previous provisions relating to the investigation of alleged misconduct);
ii. approve any appointment of the head of the paid service before an offer of appointment is made to that person;
iii. approve the dismissal of an officer designated as the head of the authority’s paid service, the authority’s chief finance officer or as the authority’s monitoring officer (relevant officers) before notice of such a dismissal is given to that person;
iv. appoint a committee under section 102(4) of the Local Government Act 1972 for the purpose of advising the Council on the dismissal of relevant officers;
v. invite relevant independent persons to be considered for appointment to the ‘Panel’ (i.e. the committee referred to in (iv)). A relevant independent person is any person appointed by the Council as an independent person under the standards regime. The Council must appoint to the Panel such relevant independent persons who have accepted the invitation (these can be the Borough Council’s own independent persons or those appointed by another authority);
vi. must not dismiss a relevant officer unless the procedure specified in the regulations has been complied with;
vii. before taking a vote at the relevant [Council] meeting on whether or not to approve any dismissal, the authority must take into account, in particular –
a. any advice, views or recommendations of the Panel; b. the conclusions of any investigation into the proposed dismissal; and c. any representations from the relevant officer. Page 51 1.4 The Council currently has one Independent Person under its conduct framework. Mr Burns has been approached and has confirmed that he would look to take up any invitation to attend such Panel if required. A second Independent Person would be required from another authority, and the Monitoring Officer is liaising with colleagues across Cumbria on this. It is proposed that Council endorse the invitation on behalf of the Council to the Independent Person to be considered for appointment to the Panel and appoints Paul Burns as a co-opted member of the Chief Officer Employment Panel only for dealing with matters relating to the dismissal of relevant officers in accordance with the statutory procedure and agree that invitations be extended for another Independent Person from neighbouring authorities in the area to sit on the Panel as required.
1.5 The regulations say that any remuneration, allowance or fees paid to an independent person appointed to the Panel must not exceed the level of remuneration payable to that person in their role as an independent person under the Standards regime. This will be considered as part of the current review of Member’ Allowances.
2.0 Finance/resource implications
2.1 There are no additional financial or resource implications at this stage.
3.0 Legal implications and risks
3.1 Changes are required to standing orders following implementation of the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 which came into force on 11 May 2015.
3.2 There could be a challenge to the decision making process for failure to comply with relevant legislation if the Constitution of the Council is not up to date.
4.0 Recommendations
4.1 That, in order to comply with the Local Authorities (Standing Orders) (England) (Regulations) 2001 (as amended by the Local Authorities (Standing Orders)(England) (Amendment) Regulations 2015), Council:
a) Appoints the Chief Officer Employment Panel as a committee appointed under section 102(4) of the Local Government Act 1972 for the purposes of advising the Council on matters relating to the dismissal of relevant officers of the Authority and amend its terms of reference accordingly in the Council’s Constitution
b) Endorses the invitation on behalf of the Council to the Independent Person to be considered for appointment to the Panel and appoints Paul Burns as a co- opted member of the Chief Officer Employment Panel only for dealing with matters relating to the dismissal of relevant officers in accordance with the statutory procedure and agree that invitations be extended for another Independent Person from neighbouring authorities in the area to sit on the Panel as required Page 52 c) Amends any other reference in the Constitution so as to comply with the amended Local Authorities (Standing Orders)(England) Regulations 2001 d) Agrees that the changes become effective on 16 July 2015 e) Authorises the Monitoring Officer to make the necessary amendments and any consequential amendments to the Constitution.
Sharon Sewell Head of Governance & Monitoring Officer
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Page 54 Agenda Item 11 Allerdale Borough Council
Council – 15 July 2015
Temporary Appointments to Town and Parish Councils
The Reason for the Decision To consider a procedure to enable an order for a temporary appointment to Oughterside and Allerby Parish Council and any future appointments to town and parish councils in accordance with section 91(1) of the Local Government Act 1972.
Summary of options considered The options considered are set out in the report
Recommendations It is recommended to Council that under Section 91(1) of the Local Government Act 1972:-
(a) The Head of Governance and Monitoring Officer be authorised to make appointments to Oughterside and Allerby Parish council in accordance with Appendix A; and (b) The Head of Governance and Monitoring Officer be authorised to make any future orders appointing persons to town and parish councils in accordance with the procedures set out at Appendix A.
Financial / Resource Implications The financial /resource implications are set out in the report.
Legal / Governance Implications The legal and governance implications are set out in the report
Community Safety Implications There are no community safety implications arising from this report
Health and Safety and Risk There are no health and safety and risk Management Implications management implications arising from this report
Equality Duty considered / Impact The equality duty has been considered Assessment completed
Wards Affected All Wards
The contribution this decision would A temporary appointment will assist with local make to the Council’s priorities decision making Page 55 Is this a Key Decision No Portfolio Holder Councillor Barbara Cannon
Lead Officer Sharon Sewell Head of Governance & Monitoring Officer, Tel: 01900 702887 [email protected]
Report Implications (Please delete where applicable).
Community Safety N Employment (external to the Council) N Financial N Employment (internal) N Legal Y Partnership N Social Inclusion N Asset Management N Equality Duty N Health and Safety N
Background papers:
1.0 Introduction
1.1 In order for a Town and Parish Council to operate they have to be quorate. There are occasions where due to resignations or a lack of applications for vacancies at election a town or parish council is not able to operate for this reason.
1.2 Section 91(1) of the Local Government Act 1972 provides that the principal authority, in this case Allerdale Borough Council, can make an order to appoint to the town or parish council until such time as the vacancies on the council have been filled by election.
1.3 There is at least one parish council who are at present unable to function as one of the three councillors has not signed their Declaration of Acceptance of Office – Oughterside and Allerby Parish Council. There may be more in the future. This report seeks a recommendation to Council to approve appointments to Oughterside and Allerby Parish Council, and as a result of this, a further recommendation to enable the Head of Governance and Monitoring Officer to appoint persons to any town or parish council on a temporary basis, based on the procedure attached at Appendix A.
1.4 The process at Appendix A will be responsive, and will only be used where the town or parish council approaches the Borough Council. Allerdale Borough Council will not seek to impose making appointments upon a town or parish council.
Page 56 2.0 Town and Parish Council’s
2.1 Allerdale Borough Council has a number of town and parish councils. These are elected to on a four yearly basis, with the next ordinary elections due to take place in May 2019.
2.2 During the four year period between elections parish councillors may resign, and vacancies are filled through either election or co-option in accordance with relevant electoral legislation.
2.3 Town and parish councils are not always able to fill vacancies as there are occasions where no-one stands. While all councils could operate with one or two vacancies, if there are a number of vacancies they risk become inquorate.
2.4 Section 91(1) of the Local Government Act 1972 provides that the principal authority, in this case Allerdale Borough Council, can make an order to appoint to town or parish councils until such time as vacancies have been filled by election.
2.5 There is currently one Council who has indicated that they are unable to operate, Oughterside and Allerby Parish Council. People associated with the Council are extremely keen to have appointments made to the Council.
2.6 There needs to be a process in place to enable such appointments to be made and a proposed process is set out at Appendix A.
2.7 The process proposes that the offer to be appointed is made to all ward members in the ward that includes the parish. This ensures that the appointment is not political. There will be situations where all ward members are not available for appointment, a ward member may already be a member of the town or parish council in question. In the event that all ward members wish to sit, this would on no occasion exceed the maximum number of members on any town or parish council.
2.8 It is proposed that in future the Head of Governance and Monitoring Officer be authorised to make the order appointing persons on behalf of Allerdale Borough Council. It is not an executive function and therefore the Executive would not be able to undertake this role.
2.9 The benefit of undertaking this work now, is that following the ordinary elections, if any town or parish council is inquorate, then there is a clear and approved mechanism in place to deal with this.
2.10 The process at Appendix A will be responsive, and will only be used were the town or parish council or that community approaches the Borough Council. Allerdale Borough Council will not seek to impose making appointments upon a town or parish council.
Page 57 3.0 Considerations and Options
3.1 In relation to Oughterside and Allerby Parish Council, Allerdale Borough Council, the Council does not have to appoint members, however it is recommended that appointments are made in accordance with the attached process as the community is keen to have an operational parish council.
3.2 Some Councils refer each individual request for appointments to Full Council, however given the number of town and parish councils in the Borough of Allerdale this is not proposed due to the potential delay in making appointments.
3.3 Allerdale Borough Council could appoint Officers of the Council to the inquorate town or parish council. This is not proposed as it ‘blurs’ the lines between Councillor and Officer roles.
3.4 The Council could choose not to appoint anyone to a parish council. However that Council may have raised a precept but would not be unable to make any decisions due to being inquorate. Without Allerdale Borough Council appointing to the town or parish council, it would remain inquorate until the next regular election.
4.0 Finance/resource implications
4.1 There are cost implications to the proposals, however the cost is likely to be negligible for a number of reasons:-
It is anticipated that appointees would largely be ward members and therefore would not have far to travel. The town and parish councils who might require appointments are likely to be small areas with councils that do not meet frequently; and The need to appoint members to town and parish councils is not a frequent occurrence
4.2 It is proposed that any appointed Members are advised to claim any allowance from the town or parish council to which they are appointed in line with the scheme operated by that council.
5.0 Legal implications and risks
5.1 Section 91(1) of the Local Government Act 1972 provides that the principal authority, in this case Allerdale Borough Council, can make an order to appoint to town or parish councils until such time as vacancies have been filled by election.
5.2 The Council could choose not to appoint anyone to a parish council. However that Council may have raised a precept but would not be unable to make any decisions due to being inquorate. Without Allerdale Borough Council appointing to the town or parish council, it would remain inquorate until the next regular election.
Page 58 6.0 Recommendations
6.1 It is recommended to Council that under Section 91(1) of the Local Government Act 1972:-
(a) The Head of Governance and Monitoring Officer be authorised to make appointments to Oughterside and Allerby Parish council in accordance with Appendix A; and (b) The Head of Governance and Monitoring Officer be authorised to make any future orders appointing persons to town and parish councils in accordance with the procedures set out at Appendix A.
Sharon Sewell Head of Governance & Monitoring Officer
Page 59 Appendix A
Process for making temporary appointments to town and parish councils
This process enables Allerdale Borough Council to make an order to appoint persons to town and parish councils in accordance with Section 91 of the Local Government Act 1972.
1. The Clerk to a town or parish council notifies Allerdale Borough Council that their authority is unable to operate due to being inquorate.
2. Democratic Services verifies that number of seats on that council and that it is inquorate. They also identify the number of appointments required in order for the authority to be quorate.
3. All ward members in the ward in which the council is located will be offered the opportunity to be appointed to the council as a temporary appointment until such time as the vacancies are filled by election.
4. All appointments will end once sufficient members are elected to the town or parish council.
5. In the event that no ward member wishes to be appointed on a temporary basis, the Head of Governance and Monitoring Officer is authorised to nominate any other person following consultation with Group Leaders.
6. All appointments will be authorised by the Head of Governance and Monitoring Officer.
7. In the event that no nominations can be made, a report will be submitted to Council.
8. In accordance with Section 91(3) of the Local Government Act 1972 the Head of Governance and Monitoring Officer will send two copies of the order to the Secretary of State. This will also be copied to the Clerk. The order will stipulate the names of the appointed persons, and the latest date their appointment will expire.
Page 60 Agenda Item 12 Allerdale Borough Council
Council – 15 July 2015
Changes to Community Overview & Scrutiny Committee Membership
The Reason for the Decision To endorse a change to the membership of the Community Overview & Scrutiny Committee following a request from the UK Independence Party (UKIP) Group.
Recommendations That Councillor Joe Sandwith be removed from the membership of Community Overview & Scrutiny Committee and be replaced by Councillor David Wilson.
Financial / Resource Implications Travel / subsistence will be met from within the existing budget.
Legal Implications The Council is required to endorse the membership of Council committees.
Community Safety Implications There are no community safety implications arising from this report.
Health and Safety and Risk There are no Health and Safety and Risk Management Implications Management implications arising from this report.
Equality Duty considered / Impact The Equality Duty has been considered. Assessment completed
Wards Affected All
The contribution this decision would Representation on committees clearly defines make to the Council’s priorities roles / responsibilities and enhances accountability.
Is this a Key Decision No
Portfolio Holder Councillor Barbara Cannon
Lead Officer Gayle Roach, Democratic Services Coordinator, 01900 702817, [email protected]
Report Implications (Please delete where applicable).
Community Safety N Employment (external to the Council) N Page 61 Financial N Employment (internal) N Legal Y Partnership N Social Inclusion N Asset Management N Equality Duty N Health and Safety N
Background papers …………………………None……………………………………………
1.0 Introduction
1.1 Members are asked to endorse a change to the membership of the Community Overview & Scrutiny Committee.
1.2 The membership of the Community Overview & Scrutiny Committee has been calculated in accordance with the Local Government and Housing Act 1989.
1.3 The UK Independence Party (UKIP) Group has advised of a change to their membership on the Committee following the appointments at the Annual General Meeting which Council is required to endorse.
2.0 Recommendations
2.1 That Councillor Joe Sandwith be removed from the membership of Community Overview & Scrutiny Committee and be replaced by Councillor David Wilson.
Sharon Sewell Head of Governance and Monitoring Officer
Page 62