Agenda, decisions and minutes

To sign as a correct record the minutes of the meetings held on 11 January and 28 February 2023.

The minutes of the meeting held on 28 February 2023 were signed as a correct record.

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.

None declared.

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm on a working day, allowing two clear working days before the day of the meeting.

None received.

None received.

Report to follow.

The subject of the decision

The Co-Chairs of the Overview and Scrutiny Committee submitted a report on the Committee’s findings on the call-in of Executive minute no. 247 – Approval to Dispose of Council owned land in central Workington.

At a meeting of the Executive on 23 November 2022, a decision was taken to approve the disposal of Council owned land in central Workington.

On the 5 December 2022 a completed call-in form was submitted to the Council’s Monitoring Officer counter signed by Councillor Barbara Cannon, Councillor Alan Smith and Councillor Markus Campbell-Savours. The call-in indicated the signatories had concerns that the proposed land deal underpinning the project had not been scrutinised or sufficient information shared with the public. The application was accepted as a valid call-in.

The call-in request was considered by the Overview and Scrutiny Committee at a meeting on 3 March 2023.

As part of the meeting members asked, ‘who was to own the site after the disposal of the land, and should the NHS decide in perhaps 30 years’ time to dispose, who would own it then’. In the response it was explained that the ownership would lay with the NCIC NHS Foundation Trust, and one option put forward suggested the inclusion of a restrictive covenant within the agreement to restrict the use of that site for the same purposes if that scenario should arise.

At the conclusion of the meeting the Overview and Scrutiny Committee were recommending that the decision taken by the Executive be referred back for re-consideration and approval of the following;

‘That the Executive consider and agree to include the use of restrictive covenants in a disposal agreement to safeguard the facility for health and medical purposes in the future as part of their final decision making process’.

On reflection, the Executive expressed thanks to the Overview and Scrutiny Committee for their input into the decision making process and were happy to support the additional recommendation as suggested. 

Councillor M Fitzgerald moved that the recommendation from Overview and Scrutiny Committee be approved and incorporated with the original recommendation approved by Executive on 23 November 2022.

This was seconded by Councillor A Pitcher. A vote was taken, the motion was unanimously agreed.

Alternative options considered

Not to approve the recommendation set out by the Overview and Scrutiny Committee.

The reason for the decision

To provide feedback to the Executive on the outcome of the call-in of Executive minute number 247.

The decision

Resolved

That –

1.  The Executive decision made on 23 November 2022 would stand, and;

2.  The Executive agreed to include the use of restrictive covenants in the disposal agreement to safeguard the facility for health and medical purposes in the future as part of their final decision making process.

The subject of the decision

The Chief Officer Finance submitted a report which sought to inform Members of the Council’s financial performance against budget for the period April to December 2022 along with the forecast position to 31 March 2023.

Members noted the headline messages at the end of quarter 3 2021/22, being:

  Revenue Budget

(i)  The revenue budget, excluding projects funded from earmarked reserves, was forecast to underspend by £474k (comprising a gross variance of £965k less unplanned contributions to reserves of £491k);

(ii)  There were no projected variances in respect of income from business rates, council tax and non-specific (un-ringfenced) grants. The forecast outturn position would result in a contribution to General Fund balance of £474k;

Earmarked Reserves Budget

(iii)  Expenditure funded from earmarked reserves was forecast to undershoot the current budget by £945k. Of that, £929k reflected changes to the expected timing of expenditure and was included in amounts forecasted to be spent in 2023-24 and subsequent years. The balance of £16k reflected a saving, that would be transferred into the General Fund balance;

  Capital Budget

(iv)  Expenditure from the capital budget was forecast to underspend by £18.927m (before carry forwards); £342k net of anticipated carry forward requests (re-profiling adjustments);

Treasury Management

(v)  Treasury Management activities were carried out in accordance with the Councils treasury management and investment strategies and within the limits established by the approved treasury and prudential indicators for 2022-23;

(vi)  No new external borrowing was undertaken during the three month period ending 31 December 2022.

Councillor C Sharpe moved the report for noting.

Alternative options considered

None

The reason for the decision

To inform Members of the Council’s financial performance against budget for the period April to December 2022 along with the forecast position to 31 March 2023.

The decision

Resolved

That the report be noted.

The subject of the decision

The Strategic Advisor (Performance) submitted a report to advise Members on the Council’s performance at the end of quarter three 2022/23, covering the period from 1 October to 31 December 2022.

Members considered and noted the progress made against each of the key projects and activities set out in the Corporate Business Plan.

The report contained 47 projects/activities and 33 key performance indicators.

Of the projects/activities 9 were marked as completed or closed, 37 were on target and 1 had concerns over the deadline or outputs being achieved. Of the listed KPIs 21 were reported on the RAG report, 12 were on target, 2 had some concerns on their target being achieved and 2 had significant concerns.

Councillor M Fitzgerald moved the report for noting.

Alternative options considered

None

The reason for the decision

To advise members of progress on the Corporate Business Plan priorities/activities and KPIs at the end of quarter three 2022/23.

The decision

Resolved

That the report be noted.

That under Section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they may involve the likely disclosure of exempt information as defined in paragraph 3 of part 1 of Schedule 12A of the Act.

Report to follow.

The subject of the decision

The Programme Director Workington submitted a report which sought members to consider and award the contract for the construction of the proposed Workington Innovation Centre located on part of the Central Car Park in the town centre, one of the five priority projects part of the Workington Town Deal.

On 1 March 2022 the Executive had approved in principle the business case for the Innovation Centre subject to further project development work being undertaken prior to the award of contracts for construction and management of the centre.

Members considered the proposals and asked questions around the size of the building, space for parking and future intentions for use and infrastructure to which the Programme Director provided a response.

Councillor M Fitzgerald moved the recommendations as per the report; this was seconded by Councillor T Markley.

A vote was taken, the motion was unanimously agreed.

Alternative options considered

The alternative options were considered as set out in the report.

The reason for the decision

To consider the award of contract for the construction of the proposed Workington Innovation Centre.

The decision

Resolved

That the recommendations as contained within the report be approved.

Report to follow.

The subject of the decision

The Programme Director Workington submitted a report which sought members to consider and award the contract for the operation of the proposed Workington Innovation Centre.

Councillor M Fitzgerald moved the recommendations as per the report; this was seconded by Councillor C Sharpe

A vote was taken, the motion was unanimously agreed.

Alternative options considered

Not to approve the award of contract.

The reason for the decision

To consider the award of contract for the operation of the proposed Workington Innovation Centre.

The decision

Resolved

That the recommendations as contained within the report be approved.

Report to follow.

The subject of the decision

The Assistant Chief Executive (Innovation and Commercial) submitted a report which sought members to consider the award of a contract, in principle, to deliver the capital works for the construction of the Wave Centre project as part of the Future High Streets (FHS) programme.

Due to the significant financial value of the contract and ongoing revenue implications, the contract award would also need to be approved by the Cumberland Shadow Executive.

Councillor M Fitzgerald moved the recommendations as per the report; this was seconded by Councillor T Markley.

A vote was taken, the motion was unanimously agreed.

Alternative options considered

Not to approve the award of contract.

The reason for the decision

To consider the award of contract for the operation of the proposed Workington Innovation Centre.

The decision

Resolved

That the recommendations as contained within the report be approved.