Council Agenda: 12 April 2012

Notice is hereby given and you are hereby summoned to attend a meeting of the Council to be held at 6.45pm on Thursday 12 April 2012 at the Town Hall, Penrith.

1. Apologies for Absence

2. Declarations of Interest

To receive declarations of the existence and nature of any personal interests and/or personal interests which are prejudicial in any matter to be considered during the meeting.

3. Minutes

RECOMMENDATION that:

1. The public minutes Cl/122/2/12 -Cl/139/2/12; and Cl/141/2/12 - Cl/143/2/12 and
2. The confidential minute Cl/140/2/12

of the meeting of Council held on 9 February 2012 be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

4. Chairman's Announcements

5. Questions by the Public

To receive questions from the public under Rule 10 of the Constitution

6. Executive Minutes

To consider the minutes of the Executive meetings held on 7 February, 6 March and 3 April 2012

7. Questions by Members

To receive questions from Members under Rule 12 of the Constitution

8. Motions on Notice

To consider motions on notice under Rule 13 of the Constitution

9. Carry Forward of Revenue Budgets

To consider report F24/12 of the Director of Finance (PDF: 232 Kb / 5 pages) which seeks to secure members' approval of the carry forward of a number of individual unused 2011-2012 budgets into 2012-2013.

RECOMMENDATION that:

1. the budgets set out in the report be carried forward from 2011-2012 to 2012-2013; and
2. a supplementary estimate of £174,872 be recommended to fund this: there is a corresponding underspend in 2011-2012.10.

10 Related Party Transactions and Members' Interests

To consider report F26/12 of the Director of Finance (PDF: 286 Kb / 6 pages) which reminds Members of the approach used for gathering the information required for the 'Related Party Transactions' note in the annual accounts.

RECOMMENDATION that: Members be asked to

1. confirm that the disclosures in the accounts re interests and Related Party Transactions will be extracted from the Register of Interests; and
2. ensure that their interests in the Register of Interests are up-to-date.

11. Treasury Management: Amendment of Credit Criteria

To consider report F28/12 of the Director of Finance (PDF: 242 Kb / 5 pages) which seeks to amend the credit criteria for counterparties as outlined in the Treasury Management Strategy Document approved by Council on 9 February 2012.

RECOMMENDATION that the document be revised as set out in part 4 of the report.

12. Review of the Constitution

To consider report CLS36/12 of the Director of Corporate and Legal Services (PDF: 199 Kb / 6 pages) requests Council to consider the recommendations of the Standards Committee upon the representations which were made in the review of the constitution.

RECOMMENDATION that:

1. the recommendations of the Standards Committee from its meeting on 13 March 2012 in relation to the review of the constitution be accepted; and
2. the Director of Corporate and Legal Services be authorised to undertake the necessary amendments to the constitution to give effect to the resolution of the Council upon the changes to the constitution.

13. Proposed Changes to the Scrutiny Function - Final Report

To consider report CLS28/12 of the Chairman of the Scrutiny Review Group (PDF: 261 Kb / 7 pages) which sets out proposals for possible changes to the Scrutiny function, as proposed by the Scrutiny Review Group set up following a resolution of Council on 9 February 2012.

RECOMMENDATION that:

1. The role and format of the Scrutiny board and panels be revised as set out in Paragraph 4 of the report.
2. A revised Calendar of Meetings be prepared to reflect the changes.
3. Attendance by Scrutiny members as shadows at portfolio meetings be an approved duty for the purposes of claiming travel expenses.

14. Member Engagement - New Ways of Working

To consider a report CE5/12 of the Chief Executive (PDF: 77 Kb / 7 pages)

15. Proposed Business Improvement District for Penrith

To consider report CD30/12 of the Communities Director (PDF: 196 Kb / 7 pages) which informs the Council of an investigation into the potential to create a Business Improvement District (BID) in Penrith; outlines the financial and legal obligations upon the District Council in the event that a proposal is successful and seeks an informal view as to whether the Council would vote for or against the proposal.

RECCOMMENDATION that Council

1. Notes the outstanding issues to be resolved as detailed in this report
2. Supports in principle the concept of a BID for Penrith subject to agreement on the contents of a Business Plan which would encourage the Council to vote in favour in respect of the properties for which the Council are entitled to vote.
3. Acknowledges that the BID 'proposer' has yet to be formally identified and the BID Shadow Board is therefore urged to identify such a person as an immediate action.
4. Advises the BID Board to finalise its business plan including the BID area so that a further report can be submitted to Council in July 2012.
5. Agrees that any additional direct costs incurred by the Council be recharged to the BID company in the event of a yes vote.
6. Agrees a supplementary estimate of £2,000 to cover the ballot costs (incurred by instructing Electoral Reform Services Ltd) in the event of a no vote.

16. Establishment of a Joint Committee - Police and Crime Panel

To consider report CLS35/12 of the Director of Corporate and Legal Services (PDF: 185 Kb / 5 pages) which advises of new structural arrangements for national policing, strategic police decision-making, neighbourhood policing and policing accountability which were brought into force by the Police Reform and Social Responsibility Act 2011 and recommends the setting up of a Police and Crime Panel which will be a Joint Committee with the County Council and all other District Councils in Cumbria.

RECOMMENDATION that:

1. the Council establishes a joint committee with Cumbria County Council and all other District Councils in Cumbria to be known as the Police and Crime Panel
2. the Council nominates one Councillor to sit on the Police and Crime Panel
3. on the basis of each Council nominating one Councillor, nominations for the three remaining vacancies be sought from the political groups within Cumbria
4. attendance at the joint committee is an Approved Duty for the purposes of the Members' allowances scheme

17. Exclusion of Press and Public

RECOMMENDATION that in the event that there are any exempt items the following recommendation can then be passed that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should 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 paragraph 3 of Part 1 to Schedule 12A of the Act.

18. Former Magistrates Court, Penrith and the Town Hall Site

To consider report CLS30/12 of the Director of Corporate and Legal Services which is attached and which updates Members on the former Magistrates Court, Penrith and the Town Hall site.

RECOMMENDATION that: Members consider and approve the recommendations contained within the report.

19. Date of Next Scheduled Meeting: Date of Annual Meeting 3 May 2012