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MINUTES OF COUNCIL AND COMMITTEE MEETINGS AND EXECUTIVE DECISIONS 1 March 2010 –23 April 2010 Page Nos Minute Nos. 3 – 15 COUNCIL 30 March 2010 C/105 - C/124 Accounts Committee No Meetings 17 – 24 Audit Committee 20 April 2010 AUD/059 – AUD/077 25 – 28 Community Services Overview 4 March 2010 CS/079 – CS/088 29 – 31 and Scrutiny Committee 11 March 2010 CS/089 – CS/093 33 – 35 Human Resources Committee 23 March 2010 HR/067 – HR/075 Joint Accounts and Audit No Meetings Committees Joint Audit and Standards No Meetings Committees 37 – 40 Joint Community Services and 11 March 2010 CS/R/026 – CS/R/034 Resources Overview and Scrutiny Committees Lake Administration Committee No Meetings 41 – 43 Licensing Committee 24 March 2010 L/027 – L/032 Overview and Scrutiny No Meetings Co-ordination Board 45 – 53 Planning Committee 25 March 2010 P/128 – P/139 55 – 58 Resources Overview and 11 March 2010 ROS/050 – ROS/058 Scrutiny Committee 59 – 62 Standards Committee 13 April 2010 S/042 – S/056 63 – 64 Appeals Sub-Committee 2 March 2010 APP/006 – APP/010 65 – 66 Licensing Sub-Committee 29 March 2010 LS/087 – LS/093 Page Nos Minute Nos. Standards Assessment Sub- No Meetings Committee Standards Hearing Sub- No Meetings Committee Standards Review Sub- No Meetings Committee 67 – 80 Executive Decisions w/e 5 March 2010 EX/288 - EX/303 81 – 82 w/e 19 March 2010 EX/304 (part 1) 83 – 87 w/e 19 March 2010 EX/305 – EX/308 (part 2) 89 – 106 w/e 26 March 2010 EX/309 – EX/331 107 – 108 w/e 2 April 2010 EX/332 – EX/333 109 - 122 w/e 16 April 2010 EX/334 – EX/352 79 30.3.2010 Council SOUTH LAKELAND DISTRICT COUNCIL Minutes of the proceedings at a meeting of the Council held in the District Council Chamber at South Lakeland House, Kendal, on Tuesday, 30 March 2010, at 6.30 p.m. Present Councillors Jonathan Brook (Chairman) Sylvia Emmott (Vice-Chairman) James Airey Kath Atkinson Rosie Ballantyne-Smith Alan Baverstock Roger Bingham Norman Bishop-Rowe Jane Carson Stephen Coleman Brian Cooper Joss Curwen Colin Davies Julie Dawson Sheila Eccles Clare Feeney-Johnson Clive Graham Brenda Gray Anne Hall Tom Harvey Frank Hodson Chris Hogg Brendan Jameson Janette Jenkinson Sonia Lawson Ian McPherson Vivienne Rees Andy Shine Hilary Stephenson Jo Stephenson Ian Stewart David Vatcher Graham Vincent Bill Wearing David Williams Mark Wilson Mary Wilson Peter Woof Apologies for absence were received from Councillors Stan Collins, Jackie Cooper, Colin Hodgson, Pru Jupe, Kevin Lancaster, Clive Leal, Gwen Murfin, Maureen Nicholson, Jamie Samson, Peter Thornton, Brian Wilkinson and Brenda Woof. Officers Inge Booth Democratic Services Officer Lawrence Conway Corporate Director (Communities) Phillipa Cook Corporate Director (Vision and Strategy) Michael Keane Assistant Director (Social Enterprise) (part) Shelagh McGregor Assistant Director (Resources)/Section 151 Officer (part) Helen Smith Strategic Finance Manager (part) Debbie Storr Corporate Director (Monitoring Officer) C/105 MINUTES RESOLVED – That the Chairman be authorised to sign, as correct records, the minutes of the meetings of the Council held on 16 and 23 February 2010. C/106 PUBLIC PARTICIPATION RESOLVED – That it be noted that no questions, deputations or petitions have been received in respect of this meeting. C/107 DECLARATIONS OF INTEREST RESOLVED – That it be noted that no declarations of interest were made. 80 30.3.2010 Council C/108 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no excluded items on the Agenda. C/109 CHAIRMAN’S ANNOUNCEMENTS A list of the engagements recently attended by the Chairman had been circulated prior to the commencement of the meeting. The Chairman advised that this would be the last scheduled meeting of the Council before the District Elections took place in May, and the last meeting for some Members. He took the opportunity to thank those Members for their hard work and commitment to the Authority over the last few years and wished them well for the future. C/110 MEDIUM TERM FINANCIAL PLAN At its meeting on 23 February 2010, the Council had approved the Revenue Budget and Five Year Capital Programme, which incorporated a set of financial projections. Those projections formed part of the Medium Term Financial Plan, which showed how the Council could fund its major corporate priorities. It was reported that the Medium Term Financial Plan had been expanded to include the Capital Strategy, which had previously been considered as a stand-alone strategy, and new policies relating to Charging for Services and Efficiency and Value for Money. The financial projections had been improved to include five-year projections. The assumptions contained in the forecasts had been updated but these did not materially affect the conclusion that the Council still faced ongoing budget deficits that would require it to align its expenditure and income in the context of its Corporate Plan. The key messages from the Medium Term Financial Plan were:- • Projected deficits on the General Fund revenue account would increase by around £500,000 per annum from 2011/12 including growth of £300,000 per annum. The Senior Management Team was committed to identify options for the redirection of resources, transfer of services, increased income and other options to bridge this deficit. • The inability of the Housing Revenue Account to fund the required planned maintenance expenditure in the medium-term had already been recognised and the housing options study had been commissioned to undertake the financial modelling of the various options for the future of the housing stock which might include retaining management through South Lakes Housing, returning to direct management by the Council, transferring homes to a Registered Social Landlord or the use of the Private Finance Initiative. • The Capital Programme was reliant on grants and contributions to fund specific schemes, and over 63% of funding was earmarked for housing related schemes. The Programme assumed an element of slippage. Borrowing of £1m per year was included from 2010/11 and this was reflected in the revenue projections. The same report had been considered by Cabinet at its meeting on 24 March 2010 when it had been resolved to recommend the proposals to Council (EX/324 (2009/10) refers). 81 30.3.2010 Council Councillor Andy Shine took the opportunity to thank the Chairman, on behalf of all Members, for his service and commitment to the Council over the last two years. Councillor Shine referred to the proposed procedure for the administration of the Community Capital Allocation which, it was suggested, should be further considered by the Resources Overview and Scrutiny Committee prior to approval by Cabinet. In moving the recommendations, Councillor Shine expressed his thanks to the Finance Team for the work put into producing the document. The proposal was seconded by Councillor Brendan Jameson. RESOLVED – That (1) the Medium Term Financial Plan be approved; and (2) the proposed procedure for the administration of the Community Capital Allocation Fund, which it is suggested that the Resources Overview and Scrutiny Committee will further consider and Cabinet finalise at their next meetings, be approved in principle. C/111 TREASURY MANAGEMENT STRATEGY STATEMENT, PRUDENTIAL INDICATORS AND MINIMUM REVENUE PROVISION STATEMENT Members were presented with a report which outlined the Council’s prudential indicators for 2010/11 – 2012/13 and set out the expected treasury operations for this period. It fulfilled four key legislative requirements:- • The Chartered Institute of Public Finance and Accountancy’s (CIPFA’s) Code of Practice required the Council to set a number of prudential indicators as part of a framework setting out the expected capital activities and managing its capital finances. The key control was an affordable borrowing limit: breach of this strategy limit would be unlawful. • The Council’s Minimum Revenue Provision Policy, which set out how the Council would pay for capital assets through revenue each year. • The Treasury Management Strategy Statement which set out how the Council’s treasury service would support the capital decisions taken above. • The Investment Strategy which set out the Council’s criteria for choosing investment counterparties and limiting exposure to the risk of loss. The above policies and parameters provided an approved framework within which officers undertook the day-to-day capital and treasury activities. Revised guidance published during 2009 had been incorporated within the reports, including draft proposals where these did not conflict with current Guidance. The main changes within the new guidance required greater Member involvement in Treasury Management, including increased scrutiny of the treasury policies, increased Member training and awareness and greater frequency of information. The Treasury Management Policy Statement and Framework had been updated to reflect these changes. The same report had been considered by Cabinet at its meeting on 24 March 2010 when it had been resolved to recommend the proposals to Council (EX/325 (2009/10) refers). 82 30.3.2010 Council In addition to the recommendations contained within the report, Councillor Andy Shine proposed that the Resources Overview and Scrutiny Committee was the proper Committee to scrutinise the Treasury Management Strategy, in line with the new guidance from CIPFA. He was seconded by Councillor Brendan Jameson. RESOLVED – That (1) the following be approved:- (a) the Prudential Indicators and Limits for 2010/11