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Community and Economy Committee Minutes - 3 January 2008

Present:

Chairman:	Councillor J M Smith
Vice Chairman:	Councillor S J Simpson
Councillors:	D T Jackson T C Ladhams Mrs J Lowis	A K Morgan Mrs S Orchard R V Turner
Standing Deputy:	Councillor N Hughes (for Councillor Mrs M Wilcox)
Lead Officer in Attendance:	Mr S Huddart (Director of Technical Services)
Democratic Services Officer:	Mr M Kane

Cec/66/1/08 Apologies for Absence

An apology for absence was received from Councillor Mrs M Wilcox.

Cec/67/1/08 Minutes

Minutes Cec/51/11/07 to Cec/64/11/07 of the meeting of this Committee held on 1 November 2007 were approved as a correct record of those proceedings.

Cec/68/1/08 Declarations of Interest

Councillor D T Jackson declared a personal but not prejudicial interest in items 8 and 9 on the agenda as he had been active in drafting the Strategic Market Town's Initiative and Penrith Master Plan documents.
Councillor N Hughes declared a personal interest in items 8 and 9 on the agenda as a member of the Penrith Partnership as well as a personal and prejudicial interest in item 12 on the agenda - Proposed Development at Townhead, Penrith.
Councillor R V Turner declared a personal interest in item 7 on the agenda as the Chairman of Alston Information Centre Management Group.
Councillor A K Morgan declared a personal interest in item 10 on the agenda as a Member of the Carlton Executive, who are one of the interested parties in Parishing Penrith.

Cec/69/1/08 Revenue Estimates 2008-9

The Committee considered report F5/08 of the Director of Finance which sought the Committee's consideration and approval of its revenue estimates for inclusion in the 2008-9 revenue estimates, which will be submitted to the Resources Committee on 24 January 2008.

Motion by Councillor S J Simpson
Seconded by Councillor R V Turner

That the revenue estimates for 2008-9 be approved for inclusion in the Authority's overall General Fund estimates which are subject to consideration by the Resources Committee on 24 January 2008.

Amendment by Councillor N Hughes

That the Council's expenditure on allotments be reduced to ï¿½500 in 2008/9.

The amendment fell for want of a seconder.

A vote was taken on the original motion when there were:

For the motion - 7
Against it - 0
Abstentions - 1

RESOLVED that the revenue estimates for 2008-9 (attached to these minutes as Appendix A - PDF: 49 Kb / 21 pages) be approved for inclusion in the Authority's overall General Fund estimates which are subject to consideration by the Resources Committee on 24 January 2008.

Further motion by Councillor S J Simpson
Seconded by Councillor R V Turner

That the list of uncommitted growth be approved for further consideration by the Resources Committee on 24 January 2008.

Amendment by Councillor N Hughes

That the ï¿½30,000 for public convenience maintenance be placed in the recurring growth column.

The amendment fell for want of a seconder.

A vote was taken on the original motion, it was carried and RESOLVED that the list of uncommitted growth (attached to these minutes as Appendix B - PDF: 23 Kb / 2 pages) be approved for further consideration by the Resources Committee on 24 January 2008.

Cec/70/1/08 Capital Programme 2007-12

The Committee considered report F1/08 of the Director of Finance which sought Members consideration and approval of the Committee's draft Capital Programme for 2008-12, which will be submitted to Resources Committee on 24 January 2008.

Motion by Councillor S J Simpson
Seconded by Councillor R V Turner

And RESOLVED that:

The 2007-12 Capital Programme (attached to these minutes at Appendix C - PDF 38 Kb / 2 pages) be approved for inclusion in the Authority's overall Capital Programme, which is subject to consideration by the Resources Committee.
The proposed new schemes (attached to these minutes at Appendix D - PDF: 14 Kb / 1 page) go forward to Resources Committee for consideration.

Cec/71/1/08 Annual Review of Fees and Charges

The Committee considered report F10/08 of the Director of Finance which sought Members' consideration of the level of fees and charges to be implemented from 1 April 2008.

Motion by Councillor Mrs J Lowis
Seconded by Councillor D T Jackson

And RESOLVED that the proposed charges (attached to these minutes at Appendix E - PDF: 335 Kb / 14 pages) be approved.

Cec/72/1/08 Alston Library and Information Shared Service Proposal

The Committee considered report PP91/07 of the Director of Policy and Performance which sought Members' in principle support to progress plans to move the public library at Alston into the Town Hall adjacent to Eden District Council's Tourist Information Centre, and to bring together services currently provided by these different agencies with a view to increasing efficiency and improving and joining up local services.

Motion by Councillor R V Turner
Seconded by Councillor T C Ladhams

And RESOLVED that:

The development of a shared library and information service at Alston, utilising the existing Tourist Information Centre, be agreed in principle.
The principles for Eden District Council's involvement with the project (attached to these minutes at Appendix F - PDF: 11 Kb / 1 page) be approved.

Reasons for decision

To set out clear principles to enable staff to progress Eden District Council's involvement in the ALISS project.

Cec/73/1/08 The Vitality of Penrith

The Committee considered report PP89/07 of the Management Team which sought Members' consideration of a number of recommendations designed to look towards improving the vitality of Penrith.

Following a question from Councillor D T Jackson the Chief Executive assured the Committee that, once the proposed list of partners had met to consider the issues of Penrith's vitality, a lead Council Member would be appointed to oversee the project. Until then, no detailed objectives would be worked up.

Motion by Councillor A K Morgan
Seconded by Councillor R V Turner

That:

The current position for Penrith as set out in the report be noted and the approach to progress the vitality of the town be endorsed.
The Council's role as that of demonstrating 'community leadership' in bringing partners together be approved.
A meeting of partners be convened to consider the issues raised in this report and agree a way forward.

Amendment by Councillor N Hughes

That recommendations a) and b) in the report be deleted.

The amendment fell for want of a seconder.

Further amendment by Councillor D T Jackson
Seconded by Councillor N Hughes

That a Council Member be appointed to oversee and take forward the initiatives set out in the report on the Vitality of Penrith.

A vote was taken on the amended motion and it was RESOLVED that:

The current position for Penrith as set out in the report be noted and the approach to progress the vitality of the town be endorsed.
The Council's role as that of demonstrating 'community leadership' in bringing partners together be approved.
A meeting of partners be convened to consider the issues raised in this report and agree a way forward.
A Council Member be appointed to oversee and take forward the initiatives set out in the report on the Vitality of Penrith.

Reason for decision

To set out the Council's role and a way forward to consider the vitality of Penrith.

Cec/74/1/08 Penrith Master Plan

The Committee considered report PP90/07 of the Director of Policy and Performance which sought Members' consideration of the proposed response from the District Council to the 'Implementation and Way Forward' section of the Penrith Master Plan produced on behalf of Penrith Partnership.

Motion by Councillor R V Turner
Seconded by Councillor A K Morgan

And RESOLVED that the proposed District Council response to the Penrith Master Plan (attached to these minutes at Appendix G - PDF: 40 Kb / 7 pages) be approved.

Reason for decision

The table attached as Appendix G is constructed after careful consideration of the Council's financial position and the capacity within the District Council to act in these circumstances. It is also in recognition that any effort to deliver substantial ambitious in Penrith is dependant upon the strength of a partnership of individuals and organisations over a long period of sustained activity.

Cec/75/1/08 Parishing Penrith

The Committee considered report CLS2/08 of the Director of Corporate and Legal Services which sought Members' consideration on the proposal which was approved by Council on 19 April 2007 to undertake a review to obtain the views of residents on the establishment of a Town Council for Penrith.

Motion by Councillor R V Turner
Seconded by Councillor A K Morgan

That:

Council be recommended to approve the carrying out of a poll of the residents of Penrith upon the question of establishing a Town Council.
The Director of Corporate and Legal Services be authorised to make arrangements for the carrying out of the poll of the residents of Penrith.
The residents of Penrith be requested to vote upon the proposal in an all postal ballot.
The Director of Corporate and Legal Services be authorised to engage Electoral Reform Services to carry out the poll.
The Members of the Council of the Penrith wards, the County Council and interested bodies be invited to make representations.
Council be recommended to approve a supplementary estimate of ï¿½10,000 to cover the cost of the poll.
A further report for the consideration of the Committee be submitted when the poll has been undertaken.
The Director of Corporate and Legal Services be authorised to make such changes to the approved review process as he considers necessary taking into account the provisions of the Local Government and Public Involvement in Health Act 2007 following consultation with the Department of Communities and Local Government and the Chairman and Vice-Chairman of the Committee.

Motion by Councillor N Hughes
Seconded by Councillor D T Jackson

That a decision on this matter be deferred by one committee cycle to enable Members to receive more information.

A vote was taken on the amendment when there were:

For the amendment - 2
Against it - 6

The amendment was defeated.

A vote was taken on the original motion, it was carried and RESOLVED that:

Council be recommended to approve the carrying out of a poll of the residents of Penrith upon the question of establishing a Town Council.
The Director of Corporate and Legal Services be authorised to make arrangements for the carrying out of the poll of the residents of Penrith.
The residents of Penrith be requested to vote upon the proposal in an all postal ballot.
The Director of Corporate and Legal Services be authorised to engage Electoral Reform Services to carry out the poll.
The Members of the Council of the Penrith wards, the County Council and interested bodies be invited to make representations.
Council be recommended to approve a supplementary estimate of ï¿½10,000 to cover the cost of the poll.
A further report for the consideration of the Committee be submitted when the poll has been undertaken.
The Director of Corporate and Legal Services be authorised to make such changes to the approved review process as he considers necessary taking into account the provisions of the Local Government and Public Involvement in Health Act 2007 following consultation with the Department of Communities and Local Government and the Chairman and Vice-Chairman of the Committee.

Reason for decision

To identify the views of the residents of Penrith on the establishment of a town council.

Cec/76/1/08 Designated Public Place Orders

The Committee considered report CLS1/08 of the Director of Corporate and Legal Services which sought to update Members on the outcome of the statutory consultation on Designated Public Place Orders (DPPOs) which restricts the consumption of alcohol in a public place where there is evidence of anti-social behaviour and crime associated with the misuse of alcohol and a police officer requires the consumption to stop.

The Committee received a presentation from Councillor M Eyles, as Ward Member for Penrith East.

Motion by Councillor T C Ladhams
Seconded by Councillor R V Turner

That:

The Designated Public Place Orders for those areas identified be approved.
The Director of Corporate and Legal Services be authorised to prepare and make the order within the approved parameters.

A vote was taken on the motion when there were:

For the motion - 7
Against it - 0
Abstentions - 1

The motion was carried and it was RESOLVED that:

The Designated Public Place Orders for those areas identified (attached at Appendix H - PDF: 1.19Mb / 5 pages) be approved.
The Director of Corporate and Legal Services be authorised to prepare and make the order within the approved parameters.

Reasons for decision

The use of the DPPO was previously approved by the Community and Economy Committee at its meeting of 31 May 2007.
A statutory consultation has been undertaken by this council which is, on the whole, supportive of the use of the DPPO in Eden.
By introducing the DPPO to the locations within Eden which have been identified as being effected by alcohol related crime and disorder, the Council is helping to fulfil its obligations under section 17 of the Crime and Disorder Act 1998.

Councillor N Hughes withdrew from the meeting at 8.22pm and did not take part in, nor did he seek to influence, the debate or vote on the following item of business.

Cec/77/1/08 Proposed Development at Townhead, Penrith

The Committee considered report TS166-07 of the Director of Technical Services which recommended to Members that land located at Lark Lane, Townhead, Penrith in the ownership of the Council, be declared surplus to requirements.

Motion by Councillor R V Turner
Seconded by Councillor S J Simpson

And RESOLVED that the land at Lark Lane be declared surplus to requirements to support the need for affordable properties.

Reasons for decision

The disposal and sale of this land will enable properties to be developed in support of the Council's priority of providing affordable social housing.
The disposal of the land will have minimal impact on open space in the area as more significant play areas exist near the locality.
The disposal of the site will provide a small saving to the grounds maintenance contract.

Councillor N Hughes rejoined the meeting at 8.26pm.

Cec/78/1/08 Castle Park Play Area Improvements

The Committee considered report TS171-07 of the Director of Technical Services which sought Members' consideration on an amendment to the improvements to the Castle Park Play area, Penrith, from those initially proposed in the five year play area improvement programme approved by the Committee in 2003.

Motion by Councillor R V Turner
Seconded by Councillor A K Morgan

And RESOLVED that the revised proposals for improvements to the play area including equipment, safety surfacing and footpath links with the omission of fencing and the gate be approved.

Reason for decision

To vary the extent of the work originally envisaged in making improvements to the play area in Castle Park, Penrith.

Cec/79/1/08 Sport and Active Recreation

The Committee considered report TS168-07 of the Director of Technical Services which sought Member support for the preparation of a Sport and Active Recreation Strategy for Eden and agreement to the appointment of external support to assist with research and writing of the document.

Motion by Councillor J M Smith
Seconded by Councillor R V Turner

And RESOLVED that the preparation of a Sport and Active Recreation Strategy and the commissioning of external support be approved.

Reason for decision

It is important that the Authority has a Sports & Active Recreation Strategy to guide how sport and active recreation is provided/supported throughout the District which also supports the objectives of the Council and other major strategies to which the Council is a partner.

Cec/80/1/08 Support towards the Appointment of a Part-Time Cricket Coach

The Committee considered report TS161-07 of the Director of Technical Services which sought Members' consideration to re-affirm support for the Cumbria Cricket Board to provide a part-time cricket coach in Eden district.

Councillor D T Jackson left the meeting at 8.38pm.

Motion by Councillor J M Smith
Seconded by Councillor R V Turner

And RESOLVED that:

The appointment of a part-time cricket coach be supported and the Council contribute ï¿½2,5000 for the duration of the three year fixed term post, being supported annually from the Council's existing Sports Development budget over the financial years 2007/8, 2008/9 and 2009/10.
The support for the appointment of a part-time cricket coach be subject to the Cumbria Cricket Board confirming that all partnership funding is secured prior to the post being advertised and that this funding is confirmed for the duration of the three year fixed term period.

Reasons for decision

The Cumbria Cricket Board has identified the development of cricket in Eden District as a priority.
The creation of a post in Eden would help the Council to provide opportunities for people to participate in sport and leisure. The appointment of a cricket coach would compliment the Council's own plans for sports development.

Cec/81/1/08 Grants to Organisations

The Committee considered report TS167-07 of the Director of Technical Services which sought Members' consideration of the applications for financial assistance received for determination by this Committee.

Motion by Councillor S J Simpson
Seconded by Councillor R V Turner

And RESOLVED that:

The following grants be awarded:

Shap Badminton Club	ï¿½200
Penrith Rugby Union Club	ï¿½1,000

Applications be invited to be considered at the Community and Economy Committee meeting on 6 March 2008.

Reasons for decision

The applications received from The Shap Badminton Club and Penrith Rugby Union Football Club adhere to current policy for award of grants to organisations.
The applications recommended for support are within the pre-determined budget limit set for this meeting.
Should Members approve the recommendations to support both of the applications submitted for consideration then an uncommitted budget will remain of ï¿½2,527. It is therefore recommended that applications are invited from the community to be considered at the meeting to be held on 6 March 2008.

Cec/82/1/08 Heartstone: Festival of Flight

The Committee considered report TS176-07 of the Director of Technical Services which sought Members consideration of an application from Heartstone, a voluntary sector not-for-profit organisation, for support for a project involving young people in Eden and focused on issues around equality and diversity.

Motion by Councillor A K Morgan
Seconded by Councillor N Hughes

And RESOLVED that a grant of ï¿½1,000 be approved to support Heartstone's Festival of Flight project and that this funding is conditional on all other funding required to support the project being in place.

Reason for decision

To facilitate opportunities for young people in the district.

Cec/83/1/08 Exclusion of Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A of the Act.

Cec/84/1/08 Minutes

Minutes Cec/65/11/07 of the meeting of this Committee held on 1 November 2007 were approved as a correct record of those proceedings.

Cec/85/1/08 Contract Management

The Committee considered report TS145-07 of the Director of Technical Services which provided details of an improved contract management procedure to enable Members to determine appropriate matters in connection with the contracts under their jurisdiction.

RESOLVED that, in respect of those contracts which relate to this Committee's areas of responsibility:

The recently awarded tenders be endorsed;
The position with contracts in progress be noted;
The list of contracts awaiting audit of final account be noted;
The list of contracts where the audited final accounts are reported be approved;
The list of contracts where it was not appropriate to conclude the audit of the final account be approved.

Reasons for Decision

This report has been prepared specifically to assist Members in their monitoring and management of contracts and to ensure that reports are placed before Members as required in the Accounting and Audit Rules.
It is considered to be the most accurate source of information on which to assess the Council's overall position on live contracts.

The following minute Cec/86/1/08 to Cec/88/1/08 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and are excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Sale of Land, Eden Business Park (Final Phase), Penrith (Cec/86/1/08) (Paragraph 3)

The Committee considered report TS165-07 of the Director of Technical Services which reported to Members the bids received for the final phase plots of land at Eden Business Park.

The Committee agreed the recommendations in the report.