Agenda, decisions and minutes

Council - Wednesday 4th March, 2020 7.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Gayle Roach  01900 702502

Items
No. Item

398.

Minutes pdf icon PDF 1 MB

To sign as a correct record the minutes of the Council meeting held on 29 January 2020.

 

Minutes:

The minutes of the meeting held on 29 January 2020 were signed as a correct record.

 

399.

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.

Minutes:

None declared.

 

400.

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.

Minutes:

There were no items on the agenda for which the press and public should be excluded.

 

401.

Questions and Petitions

To answer questions under Procedural Rule No. 4.16 from members of the public and from Councillors under Procedural Rule No. 4.17.2 and to receive Petitions under Access to Information Rules.

 

Minutes:

Councillor Markus Campbell-Savours asked the following;

 

‘Pursuant to my questions at previous full council meetings, can the Executive member for Environmental Quality please confirm what monthly bin collection rates have been achieved for February? Is this a percentage increase (improvement) or decrease since the last period?’

 

Councillor G Kemp responded by saying;

 

‘The number of missed bins for the February period, up until 27th February, was 220. All of these collections were rectified the following day. This represents a percentage increase in performance since the last period’.

 

In response Councillor M Campbell-Savours said he was aware of an incident in his ward where a whole street had not been collected and was not rectified the following day. He agreed to pass on the details to Councillor Kemp.

 

Councillor G Kemp agreed to investigate the matter.

 

402.

Notices of Motion

Councillor M Campbell-Savours submitted the following Motion –

 

‘This council commends Keswick Flood Action Group’s decade long campaign to reduce the risk of flooding within Keswick and the Derwent catchment. This council supports the three principles known as "The KFAG Memorandum". The council will write to the leadership of the Department for the Environment, Food and Rural Affairs (Defra), United Utilities and the Environment Agency, calling on them to urgently work together to implement these changes. 

 

The KFAG Memorandum:

 

A statement of 3 targets for Thirlmere reservoir which we feel we need to give Keswick, and the Derwent catchment, the best chance of reducing flood risk:

 

1.  United Utilities to use the two lower valves at Thirlmere reservoir (which were scheduled to be upgraded by this month) to let out the combined maximum of circa 700 Ml/d to try to get some storm space before the next event and for this to be the routine response ensuring flood protection takes precedence over all other considerations.

 

2.  United Utilities to invest in upgrading the two upper valves at Thirlmere to enable their intermittent use to allow greater releases between storms to achieve space in Thirlmere between weather events (since we know that use of the two upgraded lower valves will not provide sufficient flows to keep up with incoming rainfall).

 

3.  The schedule of "Trigger Levels” to be viewed as intended "Maintenance Levels" and these to be increased by 1m for some winter months: December from 2m to 3m and for January/February from 1m to 2m.’

 

Minutes:

Councillor M Campbell-Savours submitted the following motion –

 

‘This council commends Keswick Flood Action Group’s decade long campaign to reduce the risk of flooding within Keswick and the Derwent catchment. This council supports the three principles known as "The KFAG Memorandum". The council will write to the leadership of the Department for the Environment, Food and Rural Affairs (Defra), United Utilities and the Environment Agency, calling on them to urgently work together to implement these changes. 

 

The KFAG Memorandum:

 

A statement of 3 targets for Thirlmere reservoir which we feel we need to give Keswick, and the Derwent catchment, the best chance of reducing flood risk:  

 

1. United Utilities to use the two lower valves at Thirlmere reservoir (which were scheduled to be upgraded by this month) to let out the combined maximum of circa 700 Ml/d to try to get some storm space before the next event and for this to be the routine response ensuring flood protection takes precedence over all other considerations.

 

2. United Utilities to invest in upgrading the two upper valves at Thirlmere to enable their intermittent use to allow greater releases between storms to achieve space in Thirlmere between weather events (since we know that use of the two upgraded lower valves will not provide sufficient flows to keep up with incoming rainfall).

 

3. The schedule of "Trigger Levels” to be viewed as intended "Maintenance Levels" and these to be increased by 1m for some winter months: December from 2m to 3m and for January/February from 1m to 2m.’

 

In moving the motion Councillor Campbell-Savours said the motion was following 15 years of hard work of the flood action group, following the major flood in 2005 the group was formed by local residents to help identify how the town could help improve its flood prevention. Around the same time the Environment Agency began planning improvements for Keswick’s flood defences although unfortunately were not brought in before the storm hit in 2009 which brought even worse flooding not just for Keswick but across Allerdale. Storm Desmond in 2015 then brought unprecedented rain fall where some Keswick residents were flooded for a third time. Over this period the action group has collected data, stories, photos and other information, they applied local knowledge to this local problem and now working with experienced professionals have established a link between river levels in River Greta and the spare capacity within Thirlmere reservoir. They have proven that the levels of the reservoir, and managed correctly, Thirlmere can be used to store rain water during storms and reduce or prevent flooding in Keswick. Councillors must show support to the action group and help share the message.

 

Councillor A Smith seconded the motion.

 

Councillor N Cockburn was in support of the motion and added that she thought a similar motion should be proposed for Crummock.

 

Councillor A Semple said as representative of Cockermouth town centre he was fully supportive of the motion and thanked the flood action group, he said they were helping those in Cockermouth.

 

Councillor C Bell stood in support of the motion. She said she had recently attended a meeting at Crummock following which she had written to both the area MPs asking them to help in urging the Environment Agency to make things happen, including dredging the rivers again.

 

Councillor T Markley commented he was the portfolio holder for Environment at Cumbria County Council at the time of the 2009 Keswick and Cockermouth floods remembering it being very bad times, he was therefore very much in support of the motion and added we must be very vigilant about this and keep putting the point across.

 

Councillor P Kendall talked about the effects on his Flimby ward during the previous flooding events and how he regularly attends flood action groups. He was in support of the motion.

 

 

A vote was taken; the vote was unanimous in favour. The motion was carried.

 

403.

Councillor Speeches

To hear speeches (not exceeding 5 minutes each), for up to a specified period of 15 minutes, from individual members on a local issue in the Member’s Ward, of which 24 hours’ notice has been given to the Chief Executive.

Minutes:

None received.

 

404.

Announcements from the Mayor, Leader or Head of Paid Service pdf icon PDF 268 KB

Minutes:

The Mayor made reference to the engagements she and the Deputy Mayor had undertaken since the last Council meeting held on 29 January 2020.

 

405.

Portfolio Holder Reports pdf icon PDF 247 KB

To consider reports from Members of the Executive.

Minutes:

Councillor M Johnson, Deputy Leader of the Council, presented the Portfolio Holders update report.

 

Questions were asked around the Memorandum of Understanding with Copeland Borough Council, devolution deals, assisted bin collections and targeted patrols and Fixed Penalty Notices.

 

Councillor J Farebrother asked for an update on the Community Lead Housing Hub contract.

Councillor S Stoddart agreed to share information with members as it became available.

 

Councillor M Heaslip requested an update on the homeless shelter in St Michaels Ward.

Councillor S Stoddart agreed to provide a written update following the meeting.

 

406.

Executive Minutes pdf icon PDF 142 KB

To note the contents of the minutes of the meeting of the Executive held on 15 January 2020.

 

Minutes:

The minutes of the Executive meeting held on 15 January 2020 were noted.

 

407.

Community Governance Review - Silloth Town Council pdf icon PDF 151 KB

Additional documents:

Minutes:

The Electoral Services Manager submitted a report which sought members to consider the recommendation of the Community Governance Review Working Group following a review of the Silloth Town Council boundary.

 

Councillor M Fitzgerald moved the recommendations within the report; this was seconded by Councillor O Martin.

 

 A vote was taken, 38 in favour, 0 against and 1 abstention. The motion was carried.

 

Resolved

 

That –

 

1.  A Reorganisation Order for Silloth Town Council be approved, to take effect on 1 April 2020 for council tax purposes and at the normal parish council elections in May 2023 for electoral purposes, and which will have the effect of amending the boundary of the Silloth Town Council and Holme Low Parish Council areas as detailed on the map contained within the Option 3 Order

 

2.  The council tax bases for Holme Low and Silloth be amended to 133.61 and 838.62 respectively.

 

408.

Reference from Audit Committee 18 February 2020 - Treasury Management Strategy, Annual Investment Strategy and Minimum Revenue Provision Policy Statement 2020/21 pdf icon PDF 108 KB

Additional documents:

Minutes:

The Head of Financial Services submitted a report to present the draft revenue and capital budget and formal advice on the robustness of the estimates included in the budget and the adequacy of the reserves which supported the Council’s budgetary plans.

 

The report had been considered by Executive on 19 February 2020. Executive had recommended that Council be requested to approve the recommendations within the report.

 

Councillor J Lister introduced the report which set out a budget to continue investment in key services and to deliver the priorities outlined in the council strategy whilst limiting the impact on the council tax payer and moved the recommendations within the report. This was seconded by Councillor S Stoddart.

 

Councillor M Heaslip moved an amendment and provided council with an updated budget report.

 

The Mayor adjourned the meeting at 8.04pm for 10 minutes to afford members time to read the proposed amendment.

 

Councillor M Heaslip introduced the alternative proposal which he said contributed to reducing the funding gap and the self-sufficiency targets which the substantive budget proposal did not.

In seconding the motion Councillor A Smith said the councils base budget must be protected at all costs, and that a 1% increase in council tax did not cover the deficit.

 

A recorded vote was taken on Cllr M Heaslip’s amendment becoming the substantive motion, viz -

 

Favour – Councillors M Bainbridge, M Campbell-Savours, J Crouch, J Farebrother, M Heaslip, P Kendall, S Lansbury, E Lynch, C McCarron-Holmes, A Semple and A Smith

 

Against – Councillors N Cockburn, J Cook, M Fitzgerald, P Gaston, I Greaney, H Harrington, J Holliday, G Kemp, J King, A Kirkbride, J Lister, P Little, O Martin, B Sansom, P Scott, S Stoddart, W Wilkinson and L Williams

 

Abstain – Councillors T Annison, C Bell, A Daniels, M Grainger, A Hedworth, V Hodgson, M Johnson, T Markley, R Munby, A Pitcher.

 

11 in Favour, 18 Against and 10 Abstentions. The motion was lost.

 

The substantive motion was open to debate.

 

A recorded vote was held on the substantive motion, viz -

 

Favour – Councillors T Annison, C Bell, N Cockburn, J Cook, A Daniels, M Fitzgerald, P Gaston, M Grainger, I Greaney, H Harrington, A Hedworth, V Hodgson, J Holliday, M Johnson, G Kemp, J King, A Kirkbride, J Lister, P Little, T Markley, O Martin, R Munby, A Pitcher, B Sansom, P Scott, S Stoddart, W Wilkinson and L Williams

 

Against – Councillors M Bainbridge, M Campbell-Savours, J Crouch, J Farebrother, M Heaslip, P Kendall, S Lansbury, E Lynch, C McCarron-Holmes, A Semple and A Smith

 

No Abstentions.

 

28 in Favour, 11 Against and 0 Abstentions. The motion was carried.

 

 

Resolved

 

That –

 

1.  The total planned revenue expenditure be £15,449,434 including parish precepts of £2,458,074

2.  £15,259,834 be approved as the Council’s net Budget requirement for 2020-21

3.  Allerdale’s share of council tax be increased, on properties in all Council Tax bands by 1%

4.  No changes are made to the Council’s Council Tax Reduction discount scheme and that the current scheme remains in place for 2020-21

5.  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

6.  The minimum level of non-earmarked general fund balances be set at £2.7m and that no maximum level be set

7.  That the capital budget of £11,439,691 (comprising £8,294,555 in 2020-21, £1,611,000 in 2021-22 and £1,534,000 in 2022-23) be approved

8.  That the proposed capital budget for 2020-21 be financed as follows:

 

  grants and contributions ……..£5,879,856

  borrowing………………...……1,787,174

  leases………………...……………47,000

  capital receipts …………………..£571,817

  general fund balances ……………..£8,708

 

The Mayor adjourned the meeting at 8.59pm

The Mayor re-opened the meeting at 9.09pm

409.

Council Tax Resolution Report 2020/21 pdf icon PDF 224 KB

Additional documents:

Minutes:

The Head of Financial Services submitted a report which sought members to approve the necessary resolutions for Council Tax setting in accordance with Sections 31-36 of the Local Government Finance Act 1992.

 

Following the previous decisions an amended report was tabled at the meeting.

Councillor J Lister moved the recommendations contained within the report. Councillor O Martin seconded the motion.

 

A recorded vote was taken in respect of the motion, viz. –

 

In favour:

 

Councillors T Annison, C Bell, N Cockburn, J Cook, A Daniels, M Fitzgerald, P Gaston, M Grainger, I Greaney, H Harrington, A Hedworth, V Hodgson, J Holliday, M Johnson, G Kemp, J King, A Kirkbride, J Lister, P Little, A Markley, O Martin, R Munby, A Pitcher, B Sansom, P Scott, S Stoddart, W Wilkinson and L Williams.

 

None against.

 

Abstentions:

 

Councillors M Bainbridge, M Campbell-Savours, J Crouch, J Farebrother, M Heaslip, P Kendall, S Lansbury, E Lynch, C McCarron-Holmes, A Semple and A Smith.

 

The motion was carried – 28 votes in favour, 0 against and 11 abstentions.

 

Resolved

 

That the resolutions, as set out in Appendix A of the report be approved.

 

410.

Reference from Audit Committee 18 February 2020 - Treasury Management Strategy, Annual Investment Strategy and Minimum Revenue Provision Policy Statement 2020/21 pdf icon PDF 101 KB

Additional documents:

Minutes:

The Financial Services Manager submitted a report which required the Council to approve the proposed Treasury Management Strategy Statement & Investment Strategy for 2020/21, the Minimum Revenue Provision Policy Statement and the prudential and treasury indicators - including the Council’s Authorised Borrowing Limit, as was required by the provisions contained in the Local Government Act 2003, statutory guidance issued by the Department for Communities and Local Government and codes of practice issued by the Chartered Institute of Public Finance and Accountancy.

 

The report had been considered by Audit Committee on 18 February 2020. The Audit Committee had recommended that Council be requested to approve the recommendations within the report.

 

Councillor J King moved the recommendations within the report. Councillor M Fitzgerald seconded the motion.

 

A vote was taken on the motion – the vote in favour was unanimous. The motion was carried.

 

Resolved

 

That -

 

a)  The proposed Treasury Management Strategy Statement and Investment Strategy for 2020-21, included in sections 2 and 3 of Appendix 1, be approved

b)  The MRP Policy Statement, set out in section 4 of Appendix 1, be approved

c)  The prudential and treasury indicators, including the Councils Authorised Borrowing Limit, set out in section 5 of Appendix 1, be approved.

 

411.

Pay Policy Statement pdf icon PDF 271 KB

Additional documents:

Minutes:

The Chief Executive submitted a report which sought members to approve the Pay Policy Statement which set out the Council’s approach to pay policy in accordance with the requirements of Section 38 of the Localism Act 2011.

 

Councillor M Fitzgerald moved the recommendation within the report. Councillor J Cook seconded the motion.

 

A vote was taken on the motion – the vote in favour was unanimous. The motion was carried.

 

Resolved

 

That the Pay Policy Statement 2020/21 be approved.

 

412.

Report from the Overview and Scrutiny Committee in response to the Motion presented to Council on 25 September 2019 pdf icon PDF 226 KB

Additional documents:

Minutes:

The Overview and Scrutiny Committee Climate Change Task and Finish Group submitted a report which sought to provide a response to Councils request to examine possible actions for the Council regarding climate change.

 

Councillor I Greaney moved the report, which had been approved by the Overview and Scrutiny on the 21 February 2020 and thanked the members and officers who had participated for their hard work and enthusiasm.

This was seconded by Councillor Stephen Stoddart.

 

Councillor S Lansbury commented the Task and Finish Group had engaged with the community on many levels and with many stakeholders and thanked everyone who got involved.

 

A vote was taken, 39 in favour, 0 against and 0 abstentions. The motion was carried.

 

413.

Update from the Overview and Scrutiny Committee pdf icon PDF 207 KB

Minutes:

Councillor I Greaney moved an update report from the Overview and Scrutiny Committee for Council to note.

 

Resolved – That the report be noted.

 

414.

Changes to Committee Memberships and Outside Body Representation pdf icon PDF 208 KB

Minutes:

Council was asked to approve changes to committee memberships in line with Sections 15, 16 and 17 of the Local Government and Housing Act 1989 and The Local Government (Committees and Political Groups) Regulations 1990, to ensure political balance on committee memberships.

 

Councillor A Pitcher moved that Councillor Vaughan Hodgson be appointed to the Audit Committee. This was seconded by Councillor O Martin. The motion was unanimously agreed.

 

Councillor M Fitzgerald moved that Councillor Jim Lister be appointed to the Workington Harbour Management Committee outside body.

This was seconded by Councillor M Johnson.

 

A vote was taken on the motion – the vote in favour was unanimous. The motion was carried.

 

Resolved

 

That –

 

1.  Councillor Vaughan Hodgson be appointed to the Audit Committee to replace Councillor J Lister

 

2.  Councillor Jim Lister be appointed to serve on the Workington Harbour Management Committee outside body to replace Mark Jenkinson.

 

415.

Waiver of six month councillor attendance rule (section 85 of the Local Government Act 1972) pdf icon PDF 209 KB

Minutes:

The Democratic and Support Services Manager submitted a report which sought members approval for an extension of non-attendance of Councillor J Colhoun due to ill health.

 

Councillor M Johnson moved the motion which was seconded by Councillor A Smith.

 

A vote was taken – the vote in favour was unanimous. The motion was carried.

 

Resolved

 

That the period of non-attendance for Councillor J Colhoun be extended beyond the six months, in accordance with Section 85(1) of the Local Government Act 1972, on the grounds of ill health and extends the period for a further six months to expire on 4 September 2020.