Agenda, decisions and minutes

Council - Wednesday 3rd March, 2021 7.00 pm

Venue: Zoom Virtual Meeting

Contact: Gayle Roach  01900 702502

Link: View Meeting (Allerdale BC YouTube Channel)

Items
No. Item

343.

Minutes pdf icon PDF 609 KB

To sign as a correct record the minutes of the Council meeting held on 27 January 2021.

 

Minutes:

The minutes of the meeting held on 27 January 2021 were agreed as a correct record.

 

344.

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.

 

345.

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.

 

346.

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 and to receive Petitions under Access to Information Rules.

 

Minutes:

None received.

 

347.

Urgent Motion - To elect a Leader of the Council pdf icon PDF 209 KB

Minutes:

The Monitoring Officer advised that an urgent motion had been submitted to be considered by Council and approved by the Deputy Mayor under Procedural Rule 4.18.1 of the Constitution.

 

Councillor Alan Pitcher submitted a motion to elect a Leader of Allerdale Borough Council.

 

Councillor Pitcher moved his motion and said ‘My reasoning is for quite a while now the position of Leader has been carried out by the Deputy Leader, Mike Johnson.

In view of the local elections (Cumbria County Council) being cancelled also that the Local Government Review has been put out to consultation I feel we are now coming up to a crucial time, not least with 5 by-elections looming, also its budget time which requires stability.

We are 2 months from the AGM and important policy decisions are to be made, which will definitely require consistent and steady leadership.

I firmly believe the Council has been lead with a certain degree of clarity and stability over this last year but some others clearly do not’.

 

Councillor A Pitcher nominated Councillor Mike Johnson for the position of Leader. This was seconded by Councillor T Markley.

 

Councillor I Greaney nominated Councillor Alan Smith for the position of Leader. This was seconded by Councillor S Stoddart.

 

Councillor A Smith requested to withdraw from his nomination.

The Monitoring Officer explained that a withdrawal would require the consent from the proposer and seconder. Members were asked to note that Councillor Smith, if elected as Leader, may resign thereafter.

 

Councillor I Greaney moved a procedural closure motion to adjourn the meeting, this was seconded by Councillor P Scott.

 

The Deputy Mayor adjourned the meeting at 7.25pm.

 

The Deputy Mayor reconvened the meeting at 7.39pm.

 

The Deputy Mayor moved not to uphold a motion to adjourn the meeting to allow for consideration of the statutory items on the agenda.

 

There was a 13 minute break in the meeting to allow for members experiencing connection issues to re-join the meeting.

 

 

A vote was taken, 15 in favour of Councillor Mike Johnson as Leader, 0 in favour of Councillor Alan Smith as Leader and 16 abstentions.

 

Councillors Briggs, Gaston, Greaney, Little, Sandwith, Scott, Stoddart and Wilkinson were not present during the item to vote.

 

Councillor Mike Johnson was elected as Leader of Allerdale Borough Council.

 

348.

Notices of Motion

Councillor Adrian Kirkbride submitted the following motion –

 

‘This Council understands the anxiety and stress caused to vulnerable people, family pets and wildlife by the random use of fireworks in the days before and after November 5th each year, or outside of properly organised firework events. It therefore resolves to -

 

  1. Continue to actively support public awareness campaigns from all relevant agencies around the impact of fireworks on vulnerable people and animal welfare and the dangers of improper use, including the precautions that can be taken to mitigate risks
  2. Support the RSPCA public awareness campaign regarding fireworks and firework displays
  3. Request all public firework displays on Allerdale owned land to be advertised in advance of the event, allowing residents to take precautions for their vulnerable people and animals
  4. Write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays, and to nationally promote the dangers and legalities around sale and misuse of fireworks’

 

Minutes:

Councillor A Kirkbride requested to defer his motion for a future meeting of Council.

 

With the consent of the Council the motion was deferred.

 

349.

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.

 

350.

Announcements from the Mayor, Leader or Head of Paid Service

Minutes:

The Leader of the Council made reference to the recent Government decision on Local Government Reorganisation for Cumbria. An 8 week consultation had been launched on all four unitary proposals put forward by the Cumbrian authorities. All proposals could be found on the Councils websites and he encouraged all members, businesses and organisations to submit a response before the closure on 19 April.

To ensure members had an opportunity to have their say, governance processes were to be established quickly with an all-party working group. Group Leaders were asked to provide 3 members to sit on the working group.

The Leader also thanked everyone involved in the Workington Town Deal submission, the submitted bid had been successful and the Council had been awarded £23.1m for projects within the town.

 

 

351.

Portfolio Holder updates pdf icon PDF 374 KB

Additional documents:

Minutes:

The Leader of the Council presented the Portfolio Holders update report.

 

Questions were asked around the Freeport status, Maryport town centre, street cleaning in Wigton, fly tipping at Oldside in Workington and ongoing issues with blue bin lids.

 

Councillor J Farebrother requested some further details on the proposed reforms to Public Procurement, and asked did they include, in particular, advice on how to safeguard against incidents of modern slavery and reducing our carbon footprint?

Councillor M Johnson agreed to provide a full response following the meeting.

 

Councillor P Litter asked for an update from the Housing Options Team on the number of homeless in Allerdale.

Councillor M Fitzgerald agreed to provide figures following the meeting.

352.

Reference from Executive 24/02/21 - Budget 2021-22 - Revenue and Capital pdf icon PDF 109 KB

Additional documents:

Minutes:

The Chief Officer Assets 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 24 February 2021. Executive had recommended that Council be requested to approve the recommendations within the report.

 

Councillor J Lister introduced the report and moved the recommendations. This was seconded by Councillor M Johnson.

 

A recorded vote was held on the motion, viz -

 

In Favour – Councillors Annison, Bainbridge, Bell, Campbell-Savours, Cook, Crouch, Daniels, Farebrother, Fitzgerald, Grainger, Heaslip, Hedworth, Hodgson, Johnson, Kendall, Lansbury, Lister, Lynch, Maguire, Markley, Martin, McCarron-Holmes, Munby, Pitcher, Semple, Smith and Tyson.

 

Against – Councillors Kemp, Kirkbride and Wilkinson.

 

Abstentions – Councillors Greaney, Horsley, King and Little.

 

27 in Favour, 3 Against and 4 Abstentions. The motion was carried.

 

 

Resolved

 

That –

 

  1. The total planned revenue expenditure be £16,092,480 including parish precepts of £2,567,162
  2. £15,879,831 be approved as the Council’s net budget requirement for 2021-22
  3. Allerdale’s share of council tax be increased by £5 on band D Properties, with proportionate increases being applied to properties in other council tax bands
  4. No changes be made to the Council’s Council Tax Reduction discount scheme and that the current scheme remains in place for 2021-22
  5. The revenue estimates as approved be 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. The three-year capital budget (2021-22 to 2023-24) of £44,285,072 (comprising £13,330,379 in 2021-22, £19,109,427 in 2022-23 and £11,845,266 in 2023-24) be approved
  8. The proposed three-year capital budget for 2021-22 be financed as follows:
    1. grants and contributions ……..£42,932,461
    2. borrowing………………...…….£1,042,026
    3. capital receipts …………………..£310,585
  9. The revision of the 2020-21 capital budget from £11,628,748 to £11,792,253 be approved.

 

Councillor R Munby left the meeting

353.

Council Tax Resolution Report 2021/22 pdf icon PDF 387 KB

Additional documents:

Minutes:

The Chief Officer Assets 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.

 

Councillor J Lister moved the recommendations contained within the report. Councillor A Pitcher seconded the motion.

 

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

 

In Favour - Councillors Annison, Bainbridge, Bell, Campbell-Savours, Cook, Crouch, Daniels, Farebrother, Fitzgerald, Grainger, Heaslip, Hedworth, Hodgson, Johnson, Kendall, Lansbury, Lister, Lynch, Maguire, Markley, Martin, McCarron-Holmes, Pitcher, Semple, Smith and Tyson.

 

Against - Councillors Greaney, Kemp, Little and Wilkinson.

 

Abstentions - Councillors Horsley, King and Kirkbride.

 

26 in Favour, 4 Against and 3 Abstentions. The motion was carried.

 

Resolved

 

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

 

354.

Reference from Executive 24/02/21 - Capital Investment Strategy 2021-22 pdf icon PDF 98 KB

Additional documents:

Minutes:

The Chief Officer Assets submitted a report which required the Council to approve the Capital Investment Strategy for 2021-22.

 

This report had been considered by the Executive on 24 February 2021.

The Executive had recommended that Council be requested to approve the recommendation within the report.

 

Councillor J Lister moved the recommendation within the report. Councillor M Johnson seconded the motion.

 

The motion was unanimously agreed.

 

Resolved

 

That the Capital Investment Strategy as set out in Appendix A be approved.

 

355.

Reference from Audit 25/02/21 - Treasury Management Strategy Statement, Annual Investment Strategy & Minimum Revenue Provision Policy Statement 2021/22 pdf icon PDF 95 KB

Additional documents:

Minutes:

The Chief Officer Assets submitted a report which required the Council to approve the proposed Treasury Management Strategy Statement & Investment Strategy for 2021/22, 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 25 February 2021. The Audit Committee had recommended that Council be requested to approve the recommendations within the report.

 

Councillor A Tyson moved the recommendations within the report. Councillor M Bainbridge seconded the motion.

 

The motion was unanimously agreed.

 

Resolved

 

That -

 

a)  The proposed Treasury Management Strategy Statement and Investment Strategy for 2021-22, 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.

 

356.

Reference from Licensing Committee 09/02/21 - Review of Fees and Charges pdf icon PDF 96 KB

Additional documents:

Minutes:

This report was considered by the Licensing Committee on 9 February 2021.

 

Councillor A Kirkbride moved the recommendations in the report; this was seconded by Councillor D Horsley.

 

The motion was unanimously agreed.

 

Resolved

 

That -

 

1.  The statutory fees that the Council is required to charge in respect of the specified licences under the Licensing Act 2003 and the Gambling Act 2005 as set out in Part A of Appendix 1 and implements these fees (or if subject to statutory amendment, the relevant amended fees) on 1st April 2021 be noted

 

2.  The Council  implements, with any necessary modification and with effect from 1st April 2021 the proposed fees as set out in Part B of Appendix 1 that relate to those licences and licensing related activities where the authority has the discretion to determine the fees

 

3.  The Council implements, with any necessary modification and with effect from 1st April 2021 the proposed fees as set out in Part C of Appendix 1 that relate to those licences and licensing related activities where the authority has the discretion to determine the fees with the exception of those fees in a) and b) below which are subject to advertisement

 

a)  That the Council  vary the fees relevant to driver, hackney carriage, private hire vehicle and operator licences as set out in Part C of Appendix 1, with any necessary modification and instructs the Licensing Department, in accordance with the provisions of s70 Local Government (Miscellaneous Provisions) Act 1976 to publish in the local newspaper, a notice setting out those fees that it is proposed will be varied and specifying a period from 12th April 2021 (this being not less than 28 days) within which and the manner in which objections to the proposed fees can be made.

 

AND

 

b)  Where no objections to the proposed variation in fees are received by 12th April 2021 or if all objections so made are withdrawn by the said date, the Council agrees to implement the proposed variation to the fees on 12th April 2021 or where objections to the proposed variation to the fees are received by 12th April 2021 the Council agrees to consider the objections at a meeting on 19th May 2021 with a view to setting the date of 19th May 2021 (being a date not later than two months after 12th April 2021 when the proposed variation to the fees shall come into force with or without further modification.

 

4.  The Council introduces hackney carriage and private hire driver licences for the duration of 3 years in accordance with the Deregulation Act 2015 from 12th April 2021 should there be no objections as per 2.4(b) above, or 19th May 2021 in the event that there are objections as per 2.4(b) above and;

 

5.  The Council introduces private hire operator licences for the duration of 5 years from 12th April 2021 in accordance with the Deregulation Act 2015 should there be no objections as per 2.4(b) above, or 19th May 2021 in the event that there are objections as per 2.4(b) above.

 

357.

Reference from Executive 24/02/21 - Workington Town Centre Supplementary Planning Document pdf icon PDF 98 KB

Additional documents:

Minutes:

This report was considered by the Executive on 24 February 2021.

 

Councillor M Fitzgerald moved the recommendation in the report; this was seconded by Councillor M Johnson.

 

The motion was unanimously agreed.

 

Resolved

 

That the Workington Town Centre Supplementary Planning Document be approved.

 

358.

Overview and Scrutiny Committee Update Report pdf icon PDF 210 KB

Minutes:

Councillor M Heaslip, Co-chair of the Overview and Scrutiny Committee moved an update report for Council to note and provided a verbal update on the Committees work plan.

 

359.

Governance Updates pdf icon PDF 229 KB

Minutes:

The Chief Officer Place and Governance submitted a report which sought to update members on all delegated decisions taken during the Covid-19 pandemic since the last report to Council on 9 December 2020, and for members to consider suggested changes to the Councils Constitution, as set out in paragraph 4.3 of the report.

 

Councillor M Fitzgerald moved the report and the recommendations. This was seconded by Councillor M Johnson.

The motion was unanimously agreed.

 

Resolved

 

That –

 

1.  The summary of all CEO Urgent Action decisions and Special Urgency Executive decisions detailed in section 4.0 of the report be noted

2.  The changes to the Constitution as set out in paragraph 4.3 of the report be approved.