Minutes for Cabinet meeting, Oct 29 2009, 10.00AM official page

No apologies for absence were received.

Minutes of the meeting held on 1 October 2009

RESOLVED:  

That the Minutes of the Cabinet Meeting held on 1 October 2009 be confirmed as a correct record.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

The following declarations of interest were received:

Member/Officer

Minute

Reason

Action

Councillor Fairclough

172 - Treasury Management 2009/10 - Second Quarter Update

Personal - his employer is mentioned in the report

Stayed in the room, took part in the consideration of the item and voted thereon.

Charlie Barker, Strategic Director of Adult Social Services (Health and Social Care); Peter Morgan, Strategic Director of Children’s Services; Caroline Elwood, Legal Director; Graham Bayliss, Leisure Director;

Graig Galloway, Assistant Chief Executive (Communications);

189 - Transformation Programme Update - Senior Management Structure

Prejudicial - potentially affected by the proposals contained within the report

Left the room and took no part in the consideration of the item

Paul Edwards, Finance and Information Services Director;

Mike McSorley, Head of Regeneration and Technical Services

Mike Fogg

Personnel Director

189 - Transformation Programme Update - Senior Management Structure

Prejudicial - potentially affected by the proposals contained within the report

Stayed in the room and gave technical advice at the commencement of consideration of the item, then left the room and took no further part in the consideration of the item

Report of the Strategic Director of Children’s Services

Further to Minute No. 86 of the meeting of the Cabinet Member - Children's Services held on 27 October 2009, the Cabinet considered the report of the Strategic Director of Children's Services seeking approval to the reallocation of Schools Access Initiative Funding for schemes in line with the Children's Services Asset Management Plan.

RESOLVED:  

That approval be given to the reallocation of funding in the Children's Services Capital Programme 2009/10 for the schemes set out in the report.

Report of the Strategic Director of Children’s Services

The Cabinet considered the report of the Strategic Director of Children's Services which sought approval to increase the capital allocation to a Playbus scheme within the "Play Naturally in Sefton" Big Lottery Fund Portfolio Grant Allocation with a corresponding decrease in the revenue funding.

RESOLVED:  

That approval be given to the increase in capital expenditure in the Children's Services Capital Programme 2009/10, as detailed in the report, which would be balanced by a corresponding decrease in revenue funding for the Playbus scheme within the "Play Naturally in Sefton" Portfolio.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director which provided an update on the Council's Treasury Management activities undertaken in the second quarter of 2009/10.

RESOLVED:   That

(1)       the report be noted; and

(2)       the Treasury Management Team be congratulated for their excellent work managing the investment activity of the Authority.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director which provided an update on the current service demands on the Specialist Transport Unit and the initiatives being implemented to bring about cost savings.

RESOLVED:  

That the report be noted.

Joint report of the Finance and Information Services Director and the Leisure Director

Further to Minute No. 51 of the meeting of the Cabinet Member - Corporate Services held on 14 October 2009, the Cabinet considered the joint report of the Leisure and Finance and Information Services Directors on a proposed "payment by instalments plan" whereby grave plots could be purchased by residents in affordable stages, subject to the Council being satisfied that any outstanding balance due would be met from the estate of the deceased.  The Overview and Scrutiny Committee (Performance and Corporate Services) had previously considered this matter at its meeting held on 1 September 2009 and had recommended that the proposed instalments plan should not be introduced, but that the investigation of private sector funding sources for the purchase of grave plots by instalments should be considered.  A draft information leaflet on this issue was attached to the report.

This was a Key Decision and was included in the Council's Forward Plan of Key Decisions.

RESOLVED:   That

(1)       the recommendation of the Cabinet Member - Corporate Services and the Overview and Scrutiny Committee (Performance and Corporate Services) that an instalment plan should not be introduced be approved; and

(2)       the arrangements for the production of information leaflets on pre-arranging funeral payments be noted, the cost of which will be met from within the Leisure Services budgets.

Report of the Leisure Director

Further to Minute No. 52 of the meeting of the Cabinet Member - Leisure and Tourism held on 7 October 2009 the Cabinet considered the report of the Leisure Director on the feasibility studies undertaken with regard to the provision of changing facilities at Portland Street and Meols Park Playing Fields.

This was a Key Decision and was included on the Council's Forward Plan of Key Decisions.

RESOLVED:

That approval be given to the inclusion of the Portland Street Changing Rooms scheme in the Leisure and Tourism Capital Programme.

Report of the Strategic Director of Regeneration and Environmental Services.

The Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services which provided details of the forthcoming Community Energy Savings Project (CESP) to be implemented pursuant to new legislation which came into force on 1 September 2009, the potential opportunities for Sefton Council and proposals to attract funding into Sefton for an identified area.

RESOLVED:   That

(1)       it be noted that a further detailed report will be presented once offers of funding are received from participating utility companies;

(2)       the Strategic Director of Regeneration and Environmental Services be granted delegated powers to negotiate the best value CESP funding offer(s) to the Council received from participating utility companies; and

(3)       the Strategic Director of Regeneration and Environmental Services report the results of the CESP funding exercise and the actions taken to a future meeting of the Cabinet.

Report of the Strategic Director of Regeneration and Environmental Services.

Further to Minute No. 193 of the meeting of the Planning Committee held on 8 April 2009, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services which provided an update on the progress on the Kew development, Town Lane, Southport.

RESOLVED:  

That the progress on the Project be noted and approved.

Report of the Strategic Director of Regeneration and Environmental Services.

The Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services on the tenders received in respect of the demolition of the Bootle High School.

RESOLVED:   That

(1)      the lowest adjusted tender with reductions submitted by Oldham           Brothers Ltd of Liverpool in the sum of £202,333 be accepted; and

(2)          approval be given to the allocation of £226,254 in the Corporate Services Capital Programme to be funded from existing resources of £190,000 and a contribution of £36,254 from the schools devolved Formula Capital resources.

Report of the Strategic Director of Regeneration and Environmental Services.

The Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services on the tenders received in respect of the Bedford and Queens Road, Bootle Demolition and Clearance Programme Phase II.

A letter from owners/families and residents of Exeter/Hertford/Keble Roads was circulated to Members raising various points about the proposed demolition and clearance of houses in the area; together with responses to each of the points prepared by the Legal Director and the Housing Market Renewal Director.

RESOLVED:   That

(1)      the lowest tender submitted by Beech Group of Bromborough in the sum of £956,531 be accepted, subject to negotiations in connection with an extended contract period as set out in paragraph 3.4 of the report; and

(2)      the Legal Director be requested to prepare a formal contract with the successful tenderer.

Report of the Planning and Economic Regeneration Director

Further to Minute No. 61 of the meeting of the Cabinet Member - Regeneration held on 28 October 2009, the Cabinet considered the report of the Planning and Economic Regeneration Director on the funding allocation received from the Department for Communities and Local Government to support town centres and proposals to utilise the allocation for marketing and promotion activities during the Christmas period.

RESOLVED:  

That the report be noted.

Report of the Planning and Economic Regeneration Director

The Cabinet considered the report of the Planning and Economic Regeneration Director which provided an update of a range of Sefton based activities linked to the Liverpool City Region Employment Strategy (CES) and the progress made on the acquisition of funding through the Strategy to support additional activities related to tackling worklessness and child poverty for the benefit of Sefton residents and businesses.

RESOLVED:   That

(1)       the report be noted;

(2)       the contracts for resources detailed in the report be accepted; and

(3)       it be noted that the proposal was a Key Decision but, unfortunately, had not been included in the Council's Forward Plan of Key Decisions.  Consequently, the Chair of the Overview and Scrutiny Committee (Performance and Corporate Services) had been consulted under Rule 15 of the Access to Information Procedure Rules of the Constitution, to the decision being made by the Cabinet as a matter of urgency on the basis that it was impracticable to defer the decision until the commencement of the next Forward Plan because of the need to commence the delivery of a number of projects to be funded by the CES given the urgency to commence delivery as soon as possible, the climate of growing unemployment arising and the need to evidence action to support the Council's priority in tackling worklessness in the face of the recession.

Report of the Housing Market Renewal Director

Further to Minute No. 59 of the meeting of the Cabinet Member - Regeneration held on 28 October 2009, the Cabinet considered the report of the Housing Market Renewal Director which sought approval to a new Empty Property Strategy (Housing). 

This was a Key Decision and was included on the Council's Forward Plan of Key Decisions.

RESOLVED:  

That the Empty Property Strategy (Housing) be approved.

Report of Head of Regeneration and Technical Services

This item was withdrawn from the agenda by the Head of Regeneration and Technical Services.

Report of Head of Regeneration and Technical Services

The Cabinet considered the report of the Head of Regeneration and Technical Services which sought approval to the disposal of the farmhouse and adjoining barns at Homer Green, Lunt.

RESOLVED:   That

(1)       the farmhouse and barns at Homer Green, Lunt be declared surplus to requirements; and

(2)       the Council's consultants, Capita Symonds, be authorised to make the necessary arrangements to sell the properties at auction.

The Cabinet received reports from the Cabinet Members for Children's Services, Communities, Corporate Services, Environmental, Health and Social Care, Leisure and Tourism, Performance and Governance, Regeneration and Technical Services.

RESOLVED:  

That the Cabinet Member reports be noted.

To consider passing the following resolution:

That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act.  The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

RESOLVED:  

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Act.  The Public Interest Test has been applied and favour exclusion of the information from the press and public.

Report of Head of Regeneration and Technical Services

The Cabinet considered the report of the Head of Regeneration and Technical Services which sought approval to the disposal of Vine House, Seaforth.

RESOLVED:   That

(1)       the offer set out in the report from Wright Choice be accepted;

(2)       the Legal Director be authorised to complete the legal documentation; and

(3)       the Head of Regeneration and Technical Services be authorised to agree any other terms and conditions associated with the transaction.

Report of the Strategic Director of Regeneration and Environmental Services.

Further to Minute No. 78 of the meeting held on 9 July 2009, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services on the current status of the project for the development of an Independent Living Centre at 23-35 Scarisbrick Avenue, Southport.

This was a Key Decision and was included on the Council's Forward Plan of Key Decisions.

RESOLVED:   That

(1)       the report be noted;

(2)            approval be given to the Council entering into a 999 year lease agreement for the ground floor land, as outlined in paragraph 3.2 of the report at an estimated cost of £475,000;

(3)            approval be given to the Council entering into a 60 year sublease at a peppercorn rent and any supplementary agreements as are required with Sefton Carers Centre for the delivery, management and maintenance of the Independent Living Centre based on the ground floor, as outlined in paragraph 3.6 of this report;

(4)       the Council's Contract Procedure Rules be waived as outlined in paragraph 3.3 of the report;

(5)       the Council should 'opt to tax' the property in order to protect the Council's VAT recovery position as set out in paragraph 3.7 of the report;

(6)       further progress reports be submitted to the Cabinet; and

(7)       it be noted that the proposal was a Key Decision but, unfortunately, had not been included in the Council's Forward Plan of Key Decisions.  Consequently, the Chair of the Overview and Scrutiny Committee (Performance and Corporate Services) had been consulted under Rule 15 of the Access to Information Procedure Rules of the Constitution, to the decision being made by the Cabinet as a matter of urgency on the basis that it was impracticable to defer the decision until the commencement of the next Forward Plan because of the need to negotiate and enter into a lease and legal agreement with the new owners of the Scarisbrick Avenue buildings and to ensure that works are completed before 31 October 2010, otherwise there could be potential Heritage Lottery Fund claw-back implications for the Council.

Report of the Chief Executive

Further to Minute No. 139 of the meeting held on 1 October 2009, the Cabinet considered the report of the Chief Executive on the progress made in relation to the Transformation Programme and the framework for the development of the Senior Management Structure.

Members discussed and agreed that the issue of Strategic Transportation and the Local Transport Plan should be given greater prominence in the title of the relevant service.  

RESOLVED:   That

(1)      the progress made in developing the Transformation Programme and Senior Management Structure be noted;

(2)          approval be given to the assimilation procedures set out in paragraphs 9 - 15 of the report with the Chief Executive submitting a report to the Employment Procedure Committee for formal approval, subject to no Cabinet Member having any material or well founded objections; and the Chief Executive to be supported by the Personnel Director or external assistance in limited and specific cases;

(3)      a review of all those HAY graded posts within Sefton that have been subject to significant change, or are new, be undertaken by 31 March 2010;

(4)      it be noted that the Senior Management Structure will need to evolve further over coming years to respond to changes in Government policy and the expected pressures and improvements in service delivery generated from the Strategic Budget Review;

(5)      it be noted that the changes to the Senior Management Structure will make significant savings over the period of the Strategic Budget Review;

(6)      it be noted that there are no proposals to change the current Cabinet Member Portfolios as a result of the revised Senior Management Structure, however, discussions will be held with the three Party Groups to establish if and how the new Leader and Cabinet model should reflect the revised managerial structure after the May 2010 Local Government Elections; and

(7)      the intention to update the Overview and Scrutiny Committee (Performance and Corporate Services) on progress to date be noted.