Council Minutes: 12 February 2009

Present:

Cl/80/2/09 Apologies for Absence

Apologies for absence were received from Councillors M Davidson, J Lynch, B Metz, J G Thompson and H W Threlkeld (who passed on his thoughts and best wishes to all members).

Cl/81/2/09 Minutes

The minutes including:

1. Cl/55/11/08 to Cl/71/11/08 of the meeting of Council on 27 November 2008; and
2. Cl/73/12/08 to Cl/78/12/08 of the special meeting of Council held on 18 December 2008

were approved as a correct record of those proceedings.

Cl/82/2/09 Chairman's Remarks

The Chairman made the following announcements:

Members were welcomed to the first Council meeting of 2009, in what looks set to be another busy and challenging year ahead for the District given the current economic climate. The Chairman was sure that the Council was keen to progress its work and play its part in making Eden a great place to live, work and visit.

He went on to say that in the current financial downturn, the Council was doing its best to help meet this challenge by offering advice and support to local businesses and by supplying a high standard of service and support for those people claiming Housing or Council Tax benefits, so praise was given to the revenues and benefits staff for continuing to provide a very effective service given the increased demand on their resources.

Congratulations were given to Members and officers of the Council for achieving a ‘Performing well' score for the fourth year running, from the Audit Commission for its Resources Assessment. This shows the Tax Payers that the Council uses its money wisely, especially in these times of increased financial constraint.

Members were advised that the Council was funding the Revitalising Retail Programme for businesses in Appleby and Kirkby Stephen which is looking at ways local shops and retail premises could improve their customer service, marketing and in store promotions. Councillor Mrs Glenys Lumley has recently attended one of the training sessions which started in January and which will be completed by the end of this month.

The Chairman said he was sure that many of his fellow Councillors were saddened to see the demise of Woolworths from Penrith's high street, but heartened nonetheless at the speed at which B&M bargains have opened up their retail operation and welcomed them to the town. It was hoped they could be a valued asset in these challenging times for the local shops.

The last few months saw the Chairman raising money for his chosen Charities: the Great North Air Ambulance; Hospice at Home; Lazonby Swimming Pool and Great Salkeld Village Field Trust. Activities have included a Land's Ends to John O'Groats cycle ride (without leaving Penrith) which was kindly support by Arragons Cycle Centre. Thanks were given to all those who took part and donated sponsorship money.

He went on to say the following:

‘In January at Penrith Leisure Centre, we hosted the Eden's Schools Showcase Event, which was introduced by Border TV's Tim Backshall. The event was a great success, with more than 300 people attending. Local schools and theatre groups took part and were worthy of much praise for the show they put on. Thanks to all those who came along and supported the event which I hope can continue in the future.

I am also providing a Chairman's Charity Raffle and tickets are available to purchase at the Town Hall reception during office hours.

Over the past few weeks I have enjoyed attending many Civic Engagements these included visiting Eden Rural Foyer to see their excellent work with young people, a Civic dinner in Allerdale and the Laying up of the Colours for the King's Own Border Regiment.

For those wanting to know more about what the Council does and gain an insight into the work of the Council Chairman and Chief Executive, our website blogs are now readily available to read and comment on at http://www.eden.gov.uk/have-your-say/blogs/. You may be surprised at what's on there, so go and find out'.

Cl/83/2/09 Questions by Members

1. Councillor Hughes asked the following question of the Leader of the Council:
   
   ‘Eden LSP is a key consultee in the Council's budget-making process, yet its meeting scheduled for 27 January was re-arranged for 11 February, one day before the finalisation of the budget and too late for any response to be adequately absorbed by Members. Will the Leader please justify this undemocratic move?
   
   Councillor Nineham, Leader of the Council responded as follows:
   
   The move was not undemocratic. The Council had no control over the dates of the LSP meetings, the dates of which were decided by the Chairman of the LSP. The budget papers had been issued some time in advance and partners were given six weeks in which to respond either through their Chairman or direct to the authority.
   
   Councillor Hughes asked the following supplementary question:
   
   ‘This is the first year that the Council has formally consulted the community and local organisations about the budget, would the Leader inform everyone how many of the budget responses received were incorporated by the Executive?'
   
   Councillor Nineham responded that note had been taken of every response made.
2. Councillor Mrs Bell asked the following question of the Leader of the Council:
   
   ‘Eden's recent £9 million accounting error meant that we missed out on an improved efficiency grading. An almost identical situation in the County Council led to the relevant portfolio holder losing their job. Can we expect to see a Cabinet reshuffle or a sacking as a result of Eden's accounting mistake?
   
   Councillor Nineham, Leader of the Council responded as follows:
   
   This question has arisen out of the distorted reporting of the Herald earlier this week on the Use of Resources assessment which was reported to the Executive on Tuesday. It is nothing to do with an ‘efficiency grading' as Mrs Bell calls it. The ‘error' arose because a figure was put on one line rather than the other in the cash flow statement. It was the most technical of errors which has no impact whatsoever either on the Council's financial position or on any readers' understanding of the accounts. It was fully reported in public to the Governance panel in September which was attended by the Liberal Democrat group who were engaged in the discussion'.
   
   Councillor Mrs Bell asked the following supplementary question:
   
   How much responsibility will fall to the relevant portfolio holder if a similar error occurs next year?
   
   Councillor Nineham responded as follows:
   
   I expect all of the Executive members to deal with matters responsibly and do not expect the same error to occur next year. If it does it will be dealt with appropriately. Officers checking the accounts had not noticed that the entry was on the wrong line and it had not affected the Council's ‘performing well' grade on the ‘Use of Resources' assessment.
3. Councillor Eyles asked the following questions of the Portfolio Holder for Environment and Sustainability:
   ‘In the light of the fact that Penrith does not have a Town Council and, therefore, Eden District Council having responsibility for safeguarding the interests of its citizens, what efforts has the Executive made to ensure the town's footpaths are made safe to walk on if, and when, the next period of wintry weather arrives?'
   Councillor Nicolson responded as follows:
   
   First let me challenge Councillor Eyles' inaccurate and misleading statements about a Town Council and Eden District Council. Councillor Eyles will be aware that the electors of Penrith have twice in recent times rejected the proposition that Penrith has a Town Council. The respective responsibilities of Town and District Councils are clearly set out by Government and the fact that Penrith does not have a Town Council does not place any additional responsibilities on Eden District Council.
   
   Second, it is very important that we have a clear understanding of the responsibilities of this Council and of Cumbria County Council because it is misleading and confusing to the public when we mix up these responsibilities. Councillor Eyles refers to the ‘town's footpaths' and I assume here he is referring to the footways and pavements around the town.
   
   Eden District Council is responsible for any footpaths on its own land, or land it maintains. These are the car parks, Castle Park, the cemetery and the closed churchyards. These areas are treated for us by private contractors.
   
   The County Council is the Highway Authority and the responsibility for all highways in Penrith and the District falls to the County Council. The footways and pavements around the town are part of the public highway and are the responsibility of the County Council. The gritting of these pavements has been raised with the County Council and I have been assured that they are seeking to do the very best they can given the severe weather conditions which have prevailed this winter. If Councillor Eyles is dissatisfied with the response by Cumbria County Council, I suggest he pursues the matter with his local County Councillor. If he does this, I am sure that we will all be interested in the outcome'.
   
   Councillor Eyles asked his second question of the Portfolio Holder for Environment and Sustainability:
   ‘I have received many complaints about the unsafe route for pedestrians along Princes Street since the New Squares development resulted in one footpath being closed, especially since this was a major route for students from Ullswater College and the Grammar School. What steps will the Executive be taking to improve the safety on this road?'
   
   Councillor Nicolson responded as follows:
   
   ‘This matter was raised at a meeting of Penrith Councillors on 28 January 2009 and at a meeting of the local forum last week. Councillor Eyles was present at both meetings and received a response to the question.
   All Members will be aware that Princes Street has been affected by the work of the Penrith New Squares Scheme. Originally, the street was closed in order to check on the stability of the building façade and determine whether the façade should be retained. The closure of the street was the source of many complaints. After it was decided that the building façade could be demolished and the work undertaken, the hoardings were repositioned to enable the street to be reopened. However, in order to ensure the public safety of those walking past the site of the demolition works, the hoardings involved the loss of one of the footways up the street, the other footway is still there.
   
   This matter has been raised with Cumbria County Council as the Highways Authority responsible for highway safety, to see if it is possible to further relocate the hoardings. Councillor Eyles is right to refer to public safety and whilst it may be desirable to reopen to second footway this can only be considered if it does not prejudice public safety'.
   
   Councillor Eyles asked the following supplementary question:
   
   ‘Does the portfolio holder not think that this dangerous situation should not be allowed to continue'?
   Councillor Nicolson replied that this was a matter of public safety and that recognition had to be given to any risk assessments from the County Council. He pointed out to Councillor Eyles that if he was not satisfied with the response of the County Council he should take up the issue direct with them.

Cl/84/2/09 Calendar of Meetings 2009-2010

Council considered a report of the Director of Corporate and Legal Services which sought Members agreement to a calendar of meetings for the 2009-2010 municipal year and the requirement that members of the Planning, Licensing and Accounts Committees and Governance Panel undertake training before the first meeting.

RESOLVED that:

1. the Calendar of Meetings 2009-2010 be approved; and
2. all members and standing deputies of the Planning, Licensing and Accounts Committees and the Members of the Governance Panel be required to undertake training before the first meetings as detailed below:
   
   

   Committee	Training Date	Time
   Licensing Committee	3 June 2009	9.30am
   Governance Panel	2 July 2009	6pm
   Planning Committee	21 May 2009	9.30am

Cl/85/2/09 Approval of Revenue and Capital Budgets 2009-2010

Council considered report F11/09 of the Director of Finance together with an addendum which updated the original report. The report set out the revised revenue budget for 2008-2009, the proposed revenue budget for 2009-2010 and the proposed capital budget 2008-2013.

Moved by Councillor C Nineham
Seconded by Councillor K Phillips

That:

1. the Council's revenue budget in 2008-2009 be a net cost of services of £8,385,613;
2. in 2009-10 the Council's net cost of services be £8,610,638 and the budget requirement (inclusive of Parish Precepts of £388,188) be £8,433,286;
3. in 2010-2011 recurring growth is £49,730 and non-recurring growth is £83,617;
4. the Council's capital budget 2008-13 be £6,140,000, and
5. the Council does not borrow in 2009-2010 beyond that already authorised, unless specific projects are approved by Council where:
   • all revenue costs will be covered by additional income;
   • capital receipts to repay the loan will be generated within the medium term.

Amendment by Councillor N Hughes
Seconded by Councillor R Burgin

That savings of £31,500 should be made by reducing:

1. the amount spent on producing Eye on Eden by £4,500 which would mean not producing the Eye during the next year;
2. the budget for member training by £2,000;
3. the annual budget to fund withdrawal from the Cumbria Hub by £5,000 which would leave £5,000 to fund the alternative arrangements that need to be put in place to move away from the Hub; and
4. that Councillors should forgo the anticipated recommended increase in allowances which would save £20,000.

A vote was taken when there were:

For the amendment - 5
against it - 26

The amendment fell.

The original motion, on being put as the substantive motion was carried and it was RESOLVED That:

1. the Council's revenue budget in 2008-9 be a net cost of services of £8,385,613;
2. in 2009-2010 the Council's net cost of services be £8,610,638 and the Budget Requirement (inclusive of Parish Precepts of £388,188) be £8,433,286;
3. in 2010-2011 recurring growth is £49,730 and non-recurring growth is £83,617;
4. the Council's capital budget 2008-2013 be £6,140,000; and
5. the Council does not borrow in 2009-2010 beyond that already authorized, unless specific projects are approved by Council where:
   • all revenue costs will be covered by additional income;
   • capital receipts to repay the loan will be generated within the medium term.

Cl/86/2/09 Exclusion of Press and Public

RESOLVED that members of the public (including the press) be allowed to remain in the meeting during discussion of the following items of business.

Cl/87/2/09 Minutes

The minutes including:

1. Cl/72/11/08 of the meeting of Council on 27 November 2008; and
2. Cl/79 of the special meeting of Council held on 18 December 2008

were approved as a correct record of those proceedings.

Cl/88/2/09 Independent Member of Standards Committee

The Director of Corporate and Legal Services advised Members that a sub Committee of the Standards Committee had met and had interviewed five applicants for the position of Independent Member of the Standards Committee. Following the interviews the Standards Committee recommended the appointment of Mr A Leitch to the Committee.

RESOLVED that Mr Leitch be confirmed as the new Independent Member of the Standards Committee.

The meeting closed at 7.50pm