COUNCIL MINUTES OF MEETING HELD ON TUESDAY, 27 SEPTEMBER 2016
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1 COUNCIL MINUTES OF MEETING HELD ON TUESDAY, 27 SEPTEMBER 2016 Present: Councillor Peter Tyson, Chairman; Mayor Mike Starkie; Councillors Carla Arrighi, Martin Barbour, Jackie Bowman, John Bowman, Hugh Branney, Denise Burness, John Burns, Yvonne Clarkson, Raymond Cole, Peter Connolly, Gwynneth Everett, Neil Ferguson, Michael Guest, Ian Hill, Lena Hogg, Allan Holliday, Mark Holliday, Joan Hully, Alan Jacob, Linda Jones-Bulman, John Kane, Bob Kelly, William Kirkbride, Jean Lewthwaite, Charles Maudling, Michael McVeigh, Sam Meteer, David Moore, Brian O'Kane, Andy Pratt, Christopher Reay, David Riley, Graham Roberts, Gilbert Scurrah, Graham Sunderland, Paul Whalley, Doug Wilson and Felicity Wilson. Apologies: Apologies for absence were received from Councillors David Banks, Anne Bradshaw, John Dirom, Allan Forster, Jeanette Forster, Raymond Gill, Fred Gleaves, Keith Hitchen, Alistair Norwood, Sam Pollen, Peter Stephenson and Gillian Troughton. C26 Minutes of the meeting held on the 28 June 2016 RESOLVED That the minutes of the meeting held on 28 June 2016 be signed by the Chairman as a correct record. C27 Declarations of Interest in Agenda Items Councillors Carla Arrighi, Michael Guest, John Kane, Brian O Kane and Graham Roberts declared a disclosable non-pecuniary interest in agenda Item 17 Mayoral Regalia, Request from Whitehaven Town Council - due to being members of Whitehaven Town Council. Councillors Martin Barbour and Graham Sunderland declared a disclosable pecuniary interest in agenda Item 13 - Disabled Facilities Grant Policy, Private Sector Housing Enforcement Policy and Tenant Harassment and Illegal Eviction Policy - due to being private landlords and left the meeting during its consideration. C28 Chairman's Announcements The Chairman referred to the various engagements he had attended since the last meeting of Council. C29 Petitions No petitions had been received. C30 Questions from Members of the Public No questions had been received from members of the public. C31 Written Questions to the Mayor and Members of the Council Councillor Ian Hill asked the following question of the Mayor:-
2 The NHS faces many problems, some of which are at least 40 years old. Public health is now a statutory Council duty, separate from clinical medicine. This division is an administrative ploy, which is not recognised by medicine. Childhood obesity is a potent problem in Copeland. In the last few years Copeland Borough Council has looked at it twice; both efforts were ineffectual. Please could we revisit this topic, but this time involve GP s paediatricians and nutritionists, as these are best places to offer us advice on what needs to be done and how we can help? The Mayor, Mike Starkie, replied as follows: - I agree Councillor Hill. We ve had a consistent local issue of childhood obesity with an average percentage rate of 10.5% of those starting school at four year old by the time they come to go to senior school that that had risen to 23% which is way above the national average. The Copeland Health and Wellbeing Forum have children s health and wellbeing as a priority, particularly looking at childhood obesity. Under our chairing, they have recently agreed to target locally available public health resources to improve childhood obesity levels and look to continue to raise the issue at Cumbria level to influence commissioning targets. A theme group is being set up under the Forum to drive this children focus and initiatives and will have membership from a range of professionals as suggested including local GP, specialist public health practitioners and medical professionals focused on children s health. We continue to ensure we target our limited resources for example through our leisure contract providers, North Country Leisure, who have been successful with the children s gymnastics provision and other physical activities including swimming lessons. C32 Oral Questions to the Mayor The Mayor and the Executive received and answered oral questions from Members of the Council. C33 Mayor's Executive Report The Mayor s Executive report was received and noted. C34 Nationally Significant Infrastructure Projects - Position Statements Council was provided with position statements on two nationally significant infrastructure projects NuGen s Moorside new generation nuclear power station and National Grid s north west coast connections project which will connect and export the electricity that will be generated by the Moorside power station. The detailed position statements provided members and officers with information on the Council s current position with the two projects which would assist members and officers when engaging with stakeholders, community groups and local residents. RESOLVED - That the position statements for both the Moorside Project and the North West Coast Connections Project be noted.
3 C35 Councillor Peter Stephenson - Dispensation for Non-Attendance at Meetings Consideration was given to a request to agree to grant a dispensation for non-attendance at meetings for Councillor Peter Stephenson due to ill health. RESOLVED - That (i) for the purpose of section 85(1) of the Local Government Act 1972, the reason as set out in the report for Councillor Peter Stephenson s absence from meetings, be approved; and (ii) that such approval lasts until the end of the 2016/17 municipal year (9 May 2017). C36 Constitutional Amendments A report was received which proposed amendments to the Council s constitution arising from the Audit and Governance Committee, the Nationally Significant Infrastructure Projects Panel, the resignation of the Democratic Services Manager and the appointment of two new Planning Managers. After consideration of the proposals it was RESOLVED That (a) the recommendation from the Audit and Governance Committee meeting held on the 30th June 2016 relating to sanctions for breaches of the code of conduct as set out in paragraph 2.4 of the report be endorsed subject to sanctions (vii) and (viii) being deleted; (b) the Nationally Significant Infrastructure Projects Panel be delegated with the powers set out in paragraph 3.5 of the report; (c) the changes to the Constitution and proper officer appointments as set out in paragraph 4 of the report relating to the vacant Democratic Services Manager post be approved; and (d) the changes to the Constitution as set out in paragraph 5 of the report relating to the deletion of the Strategic Nuclear and Planning Manager post and appointment of the new Planning Development Manager and Strategic Planning Manager be approved. C37 Outside Bodies Annual Reporting Review 2015/16 - Feedback from Overview and Scrutiny Committee Consideration was given to a report setting out recommendations from the Overview and Scrutiny Committee following their consideration of the annual outside bodies report. RESOLVED - That the following recommendations of the Overview and Scrutiny Committee be approved: (a) reaffirm that all members of outside bodies must provide an Annual Report; (b) note the outside bodies reporting process and agree to reminders being issued to Councillors a month in advance of the report being required; (c) remind all members of outside bodies of the templates available; and
4 d) reiterate to all member representatives that where offered, they should take up travel or other costs from the outside body to maximise value for money. C38 Disabled Facilities Grant Policy, Private Sector Housing Enforcement Policy and Tenant Harassment and Illegal Eviction Policy (Note: Councillors Martin Barbour and Graham Sunderland declared disclosable pecuniary interests in this item and left the meeting during its consideration.) Consideration was given to recommendations from the Overview and Scrutiny Committee and the Executive to approve and adopt the Disabled Facilities Grant Policy, Tenant Harassment and Illegal Eviction Policy and the Private Sector Housing Enforcement Policy. RESOLVED That the Disabled Facilities Grant Policy, Tenant Harassment and Illegal Eviction Policy and the Private Sector Housing Enforcement Policy, as respectively contained in appendices A, C and B to the report, be approved and adopted. C39 Revised Statement of Community Involvement A report was submitted to Council seeking approval to a revised statement of community involvement following the public consultation which had taken place. Members were advised of the key issues raised during the consultation and how the draft statement had changed in response to those issues. After consideration of the revised statement it was RESOLVED That the revised Statement of Community Involvement, as set out in appendix 2 to the report, be approved and adopted. C40 Local Development Scheme Report Members considered a proposed work programme, covering the period 2016 to 2018, for producing Local Plan documents, such programme being required by the Planning and Compulsory Purchase Act The programme included the key milestones of the site allocations and policies plan and supplementary planning documents relating to planning contributions and shopfront design. RESOLVED That the Copeland Local Development Scheme 2016 as set out in Appendix A to the report as the Council s work programme for producing the Copeland Local Plan between 2016 and 2018 be approved. C41 Council Equality Scheme Consideration was given to proposed revisions of the Council s Equality and Diversity Statement and Equality and Diversity Scheme to take account of national policy changes. The report noted that the Equalities Working Group had developed and agreed the revised new scheme and statement. RESOLVED - That the revised Equality and Diversity Statement as set out in Appendix A to the report and the revised Equality and Diversity Scheme as set out in Appendix B to the report be approved.
5 C42 Mayoral Regalia - Request form Whitehaven Town Council Members received three reports dealing with further requests which had been received from the Whitehaven Town Council for the loan to that Council of the former Whitehaven Borough Council s Mayoress chain and pendant and Mayor s hat, ruff and gloves. It was noted that the Beacon Director had stated that the hat should be treat as a heritage item and, as such, only used under the supervision of Beacon staff and on Beacon premises to ensure that the item is preserved. RESOLVED That (a) the existing loan agreement between the Council and the Whitehaven Town Council dated the 15 th July 2016 (the terms of which were referred to in paragraph 1.4 of the main report on the Council s agenda relating to regalia) be extended to include the former Whitehaven Borough Council s Mayoress chain and pendant and the former Whitehaven Borough Council s Mayor s ruff and gloves; and (b) that the Whitehaven Town Council be allowed to use the former Whitehaven Town Council s Mayor s hat on up to two occasions per calendar year (and on additional occasions during such year with the Beacon Director s consent) such use to be within the Beacon (or at such other place as may be stated by the Director) and under supervision of the Beacon staff. C43 Budget: Response to the Government's Four Year Settlement Offer (Note: This item was taken on ground of urgency due to the date for the deadline for the response being before the next meeting of Council.) Consideration was given to whether the Council should accept the offer from central Government for a four year funding settlement running from 2016/17 to 2019/20. RESOLVED - That a) a request be submitted to accept the offer of a Four Year Settlement to the Government; b) approval be given to the preparation of the required Efficiency Plan; and c) authority be delegated to the Managing Director in consultation with the Director of Commercial and Corporate Resources (and Section 151 Officer), the Elected Mayor and the Chairman of the Overview and Scrutiny Committee to sign off the Council s Efficiency Plan for submission to the Department for Communities and Local Government (DCLG) by the deadline of 14th October C44 Exclusion of Press and Public RESOLVED - That the press and public be excluded for the remaining items of business in view of the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part I of Schedule 12A of the Local Government Act 1972 as amended. C45 The Copeland Centre, Catherine Street, Whitehaven - Accommodation Issue Consideration was given to a report exploring the possibility of legal action being taken against the building contractors or public finance initiative provider for defects within the
6 heating ventilation system and air conditioning systems ( HVAC system ) at the Copeland Centre. RESOLVED That (a) the report be noted; and (b) [Note: this resolution has been excluded from the minutes available to the public due to the disclosure of exempt information under paragraphs 3 and 5 of Part I of Schedule 12A of the Local Government Act 1972 as amended]. C46 Sale of Land Adjacent to Heather Bank, Cleator Moor (Note: Members of the Planning Panel left the meeting during questions relating to planning issues.) Consideration was given to a report on the proposed terms for a sale of land at Heather Bank, Cleator Moor and to seeking Members approval to the sale proceeding on those terms. RESOLVED That (a) the sale of land at Heather Bank, Cleator Moor on the terms set out in paragraph 2.1 of the report be approved; and (b) any changes to the terms between the date of the meeting and date of completion of the transaction be delegated to the Legal Services Manager and Director of Commercial and Corporate Resources in consultation with the Portfolio Holder. C47 Date and Time of the Next Meeting The next meeting of Council will be held on Tuesday 29 th November 2016 at 6.00pm, Solway Hall, Whitehaven Civic Hall. The meeting closed at 8.35 pm. Chairman.
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