Executive Minutes: 26 July 2011

Present:

E/30/7/11 Apologies for Absence

An apology for absence was received from Councillor Mrs M Robinson

E/31/7/11 Minutes

Minutes E/14/6/11 to E/29/6/11 of the meeting of this Committee held on 28 June 2011 were approved as a correct record of those proceedings.

E/32/7/11 Declarations of Interest

None

E/33/7/11 Eden Business Park - Phase 1

The Executive considered report TS80-11 of the Director of Technical Services which requested Members to approve funding to undertake road repairs at Cowper Road, Penrith at the entrance to Eden Business Park Phase 1.

Members were advised that the road was the responsibility of the District Council until adoption by the Highway Authority. It was recommended that £10,000 be brought forward from the Capital Programme for Eden Business Park Phase 1
2013-2014 allocation to fund the repairs.

There were now a number of businesses operating on the estate and it was further recommended that discussions be held with the County to request the adoption of a portion of the road serving the businesses before the development is fully completed.

RESOLVED that:

1. £10,000 be brought forward from the Council's Capital Programme for Eden Business Park Phase1 from its 2013-14 allocation to the current year to fund repair works to the Business Park estate road; and
2. The Director of Technical Services be authorised to enter into discussions with Cumbria County Council to seek the adoption of the Phase 1 estate road for the extent shown on the plan attached to these minutes as Appendix 1 (PDF: 97 Kb / 1 page)

Reasons for decision

1. To maintain the fabric of the Eden Business Park Phase 1 estate road and to minimise the Council's liability in respect of accident and personal injury to users of the road.
2. In order to pursue a more strategic approach to the maintenance of the estate road.

Other options considered

None

E/34/7/11 Allocation of Discretionary Grants

The Executive considered report TS/81-11 of the Director of Technical Services which asked the Executive to approve the allocation of the Discretionary Grant Budget against the different grant and assistance schemes for 2011-2012. Discretionary Grants are issued under the provisions of the Regulatory Reform Order 2002 and interpreted into a Housing Renewal Policy and this budget is targeted to specific initiatives within the policy.

RESOLVED that the allocation of the Discretionary Grant Budget be approved as outlined below:

Reason for Decision

The Council has implemented a number of grants and assistance to address the following issues:

1. To bring back into use empty properties into the private rented sector
2. Assist vulnerable homeowners in bringing their property up to a Decent Homes Standard.
3. Encourage landlords to join the Council's Accreditation Scheme.
4. To ensure that private rented properties are managed effectively and are maintained in a decent condition.
5. That the Council meets its energy targets and that vulnerable people are brought out of fuel poverty.

The conditions attached to some of these grants means that the Council is able to nominate tenants who are in need of affordable housing.

All grants except energy efficiency will be repayable to the Council on sale of the property within a specified time or in the case of Decent Homes Assistance the sale of the property at any time.

E/35/7/11 Corporate and Portfolio Plans

The Executive considered PP47/11 of the Director of Policy and Performance which set out a new more focussed approach to corporate planning and introduced Portfolio Plans. Members were advised that as the Council is in the process of refreshing its corporate plan, it was the right time to review how to set out what the Council is trying to achieve and consider how this is reflected in portfolio responsibilities and in individual staff targets and objectives.

RESOLVED that the new focused approach to corporate planning across the Council be approved and its implementation be agreed including:

1. The cessation of the corporate improvement plan
2. The review of the existing Corporate Plan 2011-2014 and its extension to 2015
3. The introduction of Portfolio Plans.

Reason for Decision

To simplify the objective and target setting process for the Council and ensure Portfolio holders and their lead officers are able to focus on key priorities and objectives for the Council.

Councillors Nicolson and Tonkin declared a personal non prejudicial interest in the following item in that they were both shareholders of the Lyvennet Community Pub which was shown in Appendix B to the report as one of the activities supported by the Community Fund.

E/36/7/11 Potential Changes to the Community Fund

The Executive considered report PP/43/11 of the Director of Policy and Performance which set out proposals to modify the Community Fund Guidance Notes and Application Form and, in addition, the report highlighted the potential for requesting that Scrutiny provides two members to act as advisers in the decision making sessions.

RESOLVED that:

1. The modifications to the Community Fund Guidance Notes and Application Form (attached to these minutes as Appendix 2 (PDF: 155 Kb / 16 pages)) be noted and agreed with the addition of (2) and (3) below
2. It be agreed that the applicant score their own application and that extra information on the Council's Corporate Priorities be provided to applicants to assist them carry out the scoring process.
3. That nominations be sought from the Chairmen of the Environment and Economy Panel and the Housing and Community Panel for one representative from each panel to be invited to attend meetings as advisors where Community Fund application decisions are made.

Reason for Decision

1. The Community Fund has now been operational for around six months It is now considered timely to review how the process can be simplified and improved for those wishing to make an application to the Fund.
2. Applicants scoring their own application would benefit the applicant by enabling them to self assess the application and give them an indication of whether the would be successful. It would reduce the time spent by officers in scoring the application. It would enable the Council to build up  a picture of scores likely to attract funding and improve continuity and transparency in the decision making process.
3. Inclusion of two Members of Scrutiny in the process of assessing the applications would improve the system due to having a number of perspectives for each application.

E/37/7/11 Community Development

The Executive considered report PP44/11 of the Director of Policy and Performance which set out a framework for improvements to community development work by the Council. It also set out proposals for: a‘Community Solutions' package of support for communities, the setting up of a Community Forum and Community Development Action Plan and the setting up of a Rural Infrastructure Fund to support community development

RESOLVED that the following measures be approved:

1. The formation of a 'Community Solutions' package of support for communities.
2. The plans to set up an Eden Community Partnership and arising from that a Community Development Action Plan.
3. The setting up of a Rural Infrastructure Fund to support community development.
4. It be recommended to Council that a supplementary estimate of £230,000 be funded from balances for a Rural Infrastructure Fund for 2011-2013.
5. The approach that: with the proposed transformation of the existing LSP, to focus the limited Council resources to support an Eden Community Partnership as set out in the report in conjunction with existing LSP partners.

Reason for Decision

1. To support officers and members in their interactions and engagements with communities In addition, the information will be brought to the attention of the wider public in order to equip them with step by step guidance on how to fulfil a number of their ambitions.
2. To strengthen and develop community capacity, capability and stimulate interest across the various sectors ie voluntary, community, social enterprise, private and public.
3. The fund would support infrastructure projects to assist communities to be and remain sustainable.
4. To fund the Rural Infrastructure Fund at (3)
5. To agree an approach for Community Development within Eden.

E/38/7/11 Community Engagement and Consultation Strategy and Toolkit 2011-2013 Summary Document

The Executive considered report PP/39/11 of the Director of Policy and Performance which set out how the Council will engage and consult all its communities and ensure that even the most vulnerable members of the public are able to interact and participate on an equal footing with the Council.

RESOLVED that the summary describing the contents of the Community Engagement and Consultation Strategy and Participation Toolkit contained within the report be noted and the strategy's aims and actions be incorporated into service design, review and improvements.

Reason for Decision

To revise the Council's Community Engagement and Consultation Strategy in line with new government legislation and recommended practice.

E/39/7/11 Proposed Changes to Hackney Carriage Tariff

The Executive considered report CLS18/11 of the Director of Corporate and Legal Services which is attached and which outlined an approach made by the licensed Hackney Carriage Operators who have requested a review of the current carriage fares in light of increased operating costs. The Executive were advised that the proposed tariff had been considered by the Licensing Committee in May 2011 who was recommending the changes to the Executive.

Motion by M Tonkin
Seconded by J Lynch

That the proposed Tariff of charges contained at Appendix C to the report be accepted with an amendment that the charge for an article of wheeled luggage carried outside of the passenger compartment be £0.50 per article across all tariffs rather than £1

And RESOLVED that the following Hackney Carriage Tariffs be approved

Hackney Tariffs as from 1 August 2011

Tariff One (basic day rate) between 6am and 11pm

Tariff Two between 11pm and 6am

Tariff Three Bank or Public Holiday (to include Christmas Day, Boxing Day, New Years Day and Easter Sunday) for the period up to 6am on the following day; and also between 6pm and midnight on 24 December and 31 December.

E/40/7/11 Changes to Parking in Penrith

The Executive considered report PP48/11 of the Director of Policy and Performance which set out two proposed changes to parking in Penrith which were designed to meet community need.

Members were informed of a number of requests which had been received to help local shops through a period of difficult trading and the proposal to demonstrate good will to the town by offering free parking one weekday per month throughout August. Members were also informed of a proposal that the tariffs in the Council's Sandgate and Bluebell Lane pay and display parks be changed to enable a charge of £1 for one hours parking to be introduced.

RESOLVED that:

1. the removal of charges for parking each Friday during the month of August in the Council's pay and display car parks (ie 5, 12, 19 and 26 August) be approved;
2. the implementation of a one hour parking charge in the Council's Sandgate and Bluebell Lane pay and display car parks from 12 September 2011 at the rate of £1 per hour be approved;
3. a supplementary estimate of £10,700 to cover the loss of income from the free days in August and the costs of implementation of the changed tariff be approved.

Reason for Decision

To assist the town during the temporary disruption phase of town centre developments

E/41/7/11 Date of Next Meeting

Members were reminded that the date of the next meeting of the Executive will be held at the amended time of 5 September 2011 at 10am.

E/42/7/11 Exclusion Of Press and Public

Motion by J Lynch

That the following item be heard with the press and public present.

The Executive sought legal advice on whether the item was permitted to be considered in public and were informed that the report contained information that was legally privileged; that it contained details of financial terms and that should the matter be considered in public all the background papers would also become public documents.

The motion was not seconded and fell.

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 3 and 5 of Part 1 of Schedule 12A of the Act.

The following minutes E/43/7/11contain 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.

Penrith New Squares: Landlords Consent (E/43/7/11)(Exclusion Paragraph Nos 3 and 5)

The Executive considered a report of the Director of Technical Services which asked them to consider a request from Sainsbury's for Landlords Consent to install an additional door giving access from the food store into the café at Unit 31.

RESOLVED that the Executive confirm Landlords Consent to install the additional door subject to:

1. Unit 31 remaining as a separate unit;
2. the parties' entering into a separate sub-lease in connection with the unit; and
3. the Council retaining the power, acting reasonably, to require the removal of the door in the future if circumstances so determined.

Reasons for decision

The door will allow a much improved level access and will provide a more convenient and attractive access for customers using the food store. Such an arrangement seeks to improve the attractiveness of the whole scheme and attract a higher participation of users which will contribute to a more successful scheme.

The meeting closed at 7.20pm