Minutes for Cabinet meeting, Jul 9 2009, 10.00AM official page

No apologies for absence were received.

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

Mr. P. Fraser

Senior Committee Administrator

64 - Valewood Primary School - Proposed Alterations to form new Sure Start Children's Centre

Personal - his child attends the school

Stayed in the room but took no part in the consideration of the item.

Councillor Brodie-Browne

67 - Responding to the Recession

Personal - he is employed in the Third Sector

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

Councillor Fairclough

67 - Responding to the Recession

Personal - his employer is named in the report and he is Chair of the South Sefton Development Trust

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

Minutes of the meeting held on 11 June 2009

RESOLVED:

That the Minutes of the Cabinet Meeting held on 11 June 2009 be confirmed as a correct record.

Report of the Finance and Information Services Director

Further to Minute No. 16 of the meeting of the Cabinet Member - Corporate Services held on 24 June 2009, the Cabinet considered the report of the Finance and Information Services Director on the proposed implementation of a web based portal for procurement contracts.

RESOLVED:

That the Council be recommended to approve the implementation of the Pro Contract electronic procurement portal solution, across the Authority; and to amend the Contract Procedure Rules in the Constitution.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director advising of the 2008/09 revenue outturn for the General Fund; seeking consideration of the budget implications for 2009/10, and indicating that a decision on this matter was required to make Members aware of the 2008/09 revenue outturn and to determine whether any specific guidance should be provided to Overview and Scrutiny Committees in considering departmental outturn reports.

The report indicated that the closure of the Authority’s accounts had been completed and that the provisional unallocated balances at 31 March 2008 were £14,591m for schools and £3,140m for non-schools services; and provided detailed information on the above matters, together with the budgetary position for 2009/10.

The report concluded that the Medium Term Financial Plan had incorporated provision for anticipated budgetary pressures and detailed the estimated budget gaps for the next three years; and that as a result, the Chief Executive had initiated a Strategic Review of the Budget in order to manage these pressures.  Work was also ongoing to identify efficiency measures which would eliminate the gap and a report would be presented to Cabinet in the near future.

RESOLVED:  That

(1)       the 2008/09 outturn, the portfolio variations, the revised level of balances and the overall budgetary position be noted;

(2)       it be noted that the statutory annual accounts were approved by the Audit and Governance Committee on 24 June 2009;

(3)       the impending review of current provisions and earmarked reserves be noted; and

(4)       it be noted that Cabinet Members and Overview and Scrutiny Committees will receive and review individual departmental outturn reports.

Joint report of the Finance and Information Services Director, the Strategic Director of Regeneration and Environmental Services and Deputy Chief Executive, the Director of Adult Social Services (Health and Social Care) and the Strategic Director of Children’s Services.

The Cabinet considered the joint report of the Finance and Information Services Director and the Strategic Directors of Regeneration and Environmental Services, Adult Social Services (Health and Social Care) and Children’s Services which provided details of the Council’s overall capital spending in 2008/09 and reasons for major variations in expenditure on individual schemes.

The report indicated that the Authority’s capital expenditure for the year was £78,906m, comprising £67,192m in respect of the service based Capital Programme and £11,714 for Government Funded and Other Programmes; and concluded that the Strategic Asset Management Group would continue to closely monitor the programme with a view to ensuring that both a high level of in year capital spend was achieved and that no capital resources were lost.

RESOLVED:-

That the report on the Capital Outturn 2008/09 be noted.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director advising of the Treasury Management Activities (TMA) undertaken in 2008/09 and indicating that a decision on this matter was required to comply with the requirements of the Council’s Treasury Management Policy Statement.

The report outlined the results of the TMA undertaken in 2008/09 relating to the following issues:

·           borrowing strategy and practice

·           the Council’s current Debt Portfolio

·           compliance with Treasury Limits

·           compliance with Prudential indicators

·           investment strategy and practice

RESOLVED:

That the Annual Treasury Management Report 2008/09 be noted.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director advising of the outturn position for Prudential Indicators for 2008/09 in order to comply with the CIPFA Prudential Code for Capital Finance in Local Authorities.

The report detailed the 2008/09 outturn for the following indicators:

·           Capital Expenditure

·           Financing Costs/Net Revenue Stream

·           Capital Financing Requirement

·           External Debt

·           Treasury Management Indicators

RESOLVED:

That the outturn position for Prudential Indicators for 2008/09 be noted.

Report of the Strategic Director of Adult Social Services (Health and Social Care)

Further to Minute Nos. 12 and 15 of the meetings of the Cabinet Members Health and Social Care, and Regeneration held on 24 June and 8 July 2009 respectively, the Cabinet considered the report of the Strategic Director of Health and Social Care seeking approval to the housing element of the Health and Social Care and Regeneration Capital Programme.

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

RESOLVED:

That schemes detailed in Annex A of the report be approved for inclusion in the Capital Programme 2009/10.

Joint report of the Strategic Director of Adult Social Services (Health and Social Care) and Housing Market Renewal Director

Further to Minute Nos. 8 and 16 of the meetings of the Cabinet Member - Health and Social Care, and Regeneration held on 24 June and 8 July 2009, the Cabinet considered the joint report of the Strategic Director of Health and Social Care and the Housing Market Renewal Director on proposed changes to the Private Sector Housing Assistance Policy.

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

RESOLVED:

That the revised Private Sector Housing Assistance Policy be approved.

Report of the Strategic Director of Children’s Services

Further to Minute No. 18 of the meeting of the Cabinet Member - Children’s Services held on 23 June 2009 the Cabinet considered the report of the Strategic Director of Children’s Services which provided an update on the submission of the Readiness to Deliver document for the Building Schools for the Future Programme to Partnerships for Schools.

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

RESOLVED:

That approval be given to the contents of the Readiness to Deliver submission for the Building Schools for the Future Programme.

Report of the Strategic Director of Children’s Services

Further to Minute No. 20 of the meeting of the Cabinet Member - Children’s Services held on 23 June 2009 the Cabinet considered the report of the Strategic Director of Children’s Services seeking approval to the implementation of a further scheme at Waterloo Primary School, Waterloo under the Schools Access Initiative.

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

RESOLVED:  That

(1)       the scheme detailed in the report at Waterloo Primary School, Waterloo be approved; and

(2)       the proposed expenditure to be funded from specific resources be included in the Children’s Services 2009/10 Capital Programme.

Report of the Strategic Director of Children’s Services

The Cabinet considered the report of the Strategic Director of Children’s Services that provided details of capital schemes at Forefield Junior School, Crosby; and seeking approval for inclusion of the funding in the Children’s Services Capital Programme.

RESOLVED:  That

(1)       the details of the capital schemes at Forefield Junior School, to be funded entirely from the school’s reserves be noted; and

(2)       the inclusion of the funding for the schemes in the Children’s Services Capital Programme 2009/10 be approved.

Report of the Strategic Director of Children’s Services

The Cabinet considered the report of the Strategic Director of Children’s Services seeking approval for a proposal to provide additional accommodation at the Pinefield Centre, Formby; and indicating that a decision on this matter was required to secure approval of the funding in the Children’s Services Capital programme 2009/10.

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

RESOLVED:  That

(1)       the scheme at Pinefield Centre, Formby as detailed in the report be approved; and

(2)       the inclusion of the funding for the scheme in the Children’s Services Capital Programme 2009/10 be 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 advising of the receipt of tenders in respect of proposals to provide a new Sure Start Centre at Valewood Primary School, Crosby; and indicating that a decision on this matter was required to enable the acceptance of the lowest tender and allow the timetable and implementation of the expenditure to be met.

RESOLVED:  That

(1)       the allocation of £397,916 in the Children’s Services Capital Programme for the scheme at Valewood Primary School, as detailed in the report, be approved and funding be provided from the Sure Start Children’s Centre funding allocation (£272,916) and the Extended Schools funding Provision (£125,000);

(2)            subject to checking and to the total scheme cost not exceeding the Capital Programme Budget Provision, acceptance of the lowest tender received from Melwood Construction from Huyton in the sum of £260,713 be approved; and

(3)            subject to (1) and (2) above the Legal Director be requested to enter into a formal contract with the successful tenderer.

Report of the Planning and Economic Regeneration Director

Further to Minute No. 17 of the meeting of the Cabinet Member - Regeneration held on 8 July 2009, the Cabinet considered the report of the Planning and Economic Regeneration Director on the proposed implementation of the Business Start-Up Project as part of the North West Operational Programme.

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

RESOLVED:  That

(1)            approval be given to the Council entering into an agreement to deliver the Business Start-Up Project as outlined in the report;

(2)       the Legal Director be instructed to draw up a legal agreement with the North West Regional Development Agency, and other service providers; and

(3)       regular progress reports be presented to the Cabinet on the Project.

Report of the Strategic Director of Regeneration and Environmental Services.

The Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services setting out the outcomes of discussions with the Governance Review and with Party Group Leaders and Area Committee Chairs in relation to area management implementation; that based on the outcomes of these discussions, seeking approval to sign up to the key principles and workstreams requested for area management; and to advise Cabinet of progress made to date and to ensure that the interim arrangements were meeting the needs of elected Members.

The report concluded by seeking the views on whether the interim arrangements were meeting the needs of elected Members.

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

RESOLVED:  That

(1)       the key principles suggested for area management and the subsequent workstreams as detailed in Appendix A to the report be approved; and

(2)       it be noted that the work on area management is intrinsically linked into the Comprehensive Area Assessment Understanding Our Communities theme.

Report of the Planning and Economic Regeneration Director

Further to Minute No. 292 of the meeting held on 19 March 2009, the Cabinet considered the report of the Planning and Economic Regeneration Director advising of the impact of the recession on local businesses, town centres, the workforce, communities, the third sector and the Council itself; identifying the key risks presented by the recession and to propose a risk mitigation plan; to seek support for a broader partnership response to the recession, and to start planning for the recovery now; and indicating that a decision on this matter was required to demonstrate the Council’s responsiveness to external economic change, to safeguard its assets; protect service standards; and consult and involve the community in any response.

RESOLVED:   That

(1)       the report on responding to the recession be noted;

(2)       the recession response plan as identified in the report, be approved;

(3)       the recession response plan be referred to the Sefton Borough Partnership to inform its own resilience planning with partners;

(4)       further reports be submitted on the impact of the recession and mitigating measures that can be taken to reduce such impact; and

(5)       the Finance and Information Services Director be requested to submit a report to a future meeting on ways of ensuring that when the Council makes a payment to a Contractor, then any payments due to Sub-Contractors are made within a specified time period.

Report of the Leisure Director.

Further to Minute No. 24 of the meeting of the Cabinet Member - Leisure and Tourism held on 17 June 2009, the Cabinet considered the report of the Leisure Director on proposals to make significant improvement to the play area at Duke Street Park, Formby.

RESOLVED:

That approval be given to the inclusion of a sum of £90,500 for the Duke Street Park Play Area Scheme in the Leisure and Tourism Capital Programme 2009/10.

Report of the Leisure Director

The Cabinet considered the report of the Leisure Director on a request by the Trustees of the Plaza Community Cinema for permission to transfer two small pieces of land within its ownership to an adjacent property, without charge, in order to regularise their boundary.

RESOLVED:

That consent be given to the Trustees of the Plaza Community Cinema to transfer the land (hatched on Annex 1 in the report), without charge to the owner of 42 Handfield Road, Crosby, in order to regularise both of their Boundaries.

Report of the Legal Director

Further to Minute No. 10 of the meeting of the Overview and Scrutiny Committee (Children's Services) of 9 June, 2009, the Cabinet considered the report of the Legal Director setting out a revised protocol for sharing information regarding children and young people known to Social Care; and indicating that a decision on this matter was required as the recommendations arising from the Overview and Scrutiny Committee required approval by the Cabinet.

RESOLVED:   That

(1)       the protocol for sharing information regarding children and young people known to Social Care, as amended by the Overview and Scrutiny Committee (Children’s Services) and attached as an appendix to the report, be approved and adopted with immediate effect;

(2)            subject to the submission of a further report by the Strategic Director of Children's Services, approval in principle be given to the following:

(a)       a copy of the Serious Case Review Synopsis, when published, being reported to the Cabinet Member - Children's Services and the Overview and Scrutiny Committee (Children's Services); and

(b)       a copy of the full report being referred to the three Party Group Leaders.

Report of the Legal Director

The Cabinet Member considered the report of the Legal Director advising of the proposal to decommission the Register Office Marriage Rooms at Crosby Town Hall and Southport Town Hall and to licence the rooms as Approved Premises for Civil Marriages and Civil Partnerships under the Marriages and Civil Partnerships (Approved Premises) Regulations 2005; and indicating that a decision on this matter was required to allow the process of decommissioning to be undertaken.

RESOLVED:  That

(1)       the proposal that the Register Office Marriage Rooms at Crosby Town Hall, Waterloo and Southport Town Hall be decommissioned with effect from 31 October 2009 and be licensed as an Approved Premises with effect from 1 November 2009 be approved and the process as set out in paragraph 5.4 of the report be undertaken;

(2)       the fees chargeable for marriages at the Approved Premises at Crosby Town Hall, Waterloo and Southport Town Hall be set as set out in Section 4 of the report; and

(3)       the proposals to accommodate couples who have already given Notice of Marriage for ceremonies later than 1 November 2009 be approved.

Report of the Legal Director

The Cabinet considered the report of the Legal Director seeking authority to implement the Councillor Call for Action protocol and to designate the Overview and Scrutiny Committee (Performance and Corporate Services) as the Council’s “Crime and Disorder Committee”; and indicating that a decision on this matter was required in accordance with the legislation introduced under the Local Government and Public Involvement in Health Act 2007, Section 19 of the Police and Justice Act 2006 and the Crime and Disorder (Overview and Scrutiny) Regulations 2009.

The report indicated that the Councillor Call for Action process provided ward Members with a means of escalating matters of ward concern (i.e. any local government matter or any crime and disorder matter) to an Overview and Scrutiny Committee, for possible onward recommendations to the Council’s executive and/or other agencies; and a copy of the Call for Action protocol was attached as an annexe to the report.

RESOLVED:  That Council be recommended to

(1)            approve the Councillor Call for Action Protocol for implementation; and that the terms of reference within the Council’s Constitution for three of the four Overview and Scrutiny Committees be amended accordingly; and

(2)            designate the Overview and Scrutiny Committee (Performance & Corporate Services) as the Crime and Disorder Committee for the purposes of Section 19 of the Police and Justice Act and the Crime and Disorder (Overview and Scrutiny) Regulations 2009, and its terms of reference within the Council’s Constitution be amended accordingly.

Report of the Legal Director

The Cabinet considered the report of the Legal Director seeking approval to amend the Council’s Constitution to allow Regulation of Investigating Powers Act (RIPA) activities to be reported to the Overview and Scrutiny Committee (Performance and Corporate Services); and indicating that a decision on this matter was required as Article 15 of the Constitution provided that changes to the Constitution would only be approved by the full Council after consideration of the proposal and report of the Monitoring Officer.

RESOLVED:  That Council be recommended to amend the Constitution to include the following in the Terms of Reference of the Overview and Scrutiny Committee (Performance and Corporate Services) set out in Table 1 to the Overview and Scrutiny Committee Procedure Rules:

“18.     with reference to the management of covert activities under the Regulation of Investigatory Powers Act 2000 (RIPA):-

(a)       a report on RIPA activities be received by this Committee on an annual basis;

(b)       any applications for authorisation under RIPA be reported to this Committee within three months; and

(c)        any significant changes to the number of applications for authorisation under RIPA be reported to this Committee.”

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 Paragraphs 1 and 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 the public should not be excluded from this part of the meeting and that the following item be debated in open session.

Report of the Strategic Director of Adult Social Services (Health and Social Care)

Further to Minute No. 15 of the meeting of the Cabinet Member - Health and Social Care held on 24 June 2009, the Cabinet considered the report of the Strategic Director of Health and Social Care on the results of a consultation process in relation to mechanisms to reduce the overspend on the Transport element of the Health and Social Care Directorate budget.

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

RESOLVED:

That approval be given to the implementation of a flat rate charge of £3 per day on all service users who have transport arranged by the Council’s Specialist Transport Service with effect from 1 October 2009, as set out in Paragraph 11.

(In accordance with Rule 18.5 of the Council and Committee Procedure Rules, the following Councillors requested that their vote against resolution 76 above be recorded, namely,

Councillors P. Dowd, Fairclough and Maher).

RESOLVED:  

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it would involve 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.

Report of the Strategic Director of Regeneration and Environmental Services.

Further to Minute No. 281 of the Cabinet meeting held on 26 February 2009 and Minute No. 19 of the meeting of the Cabinet Member - Regeneration held on 8 July 2009, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services on the current position with regard to the development being undertaken by Blythe Homes Promenade Southport Limited at 23-25 Scarisbrick Avenue, Southport and the possibility of the Government Office for the North West and the Heritage Lottery Fund invoking the clear-back clause provisions of the grant award offers.

RESOLVED:

That the Legal Director and Finance and Information Services Director be instructed to approach the grant funding bodies with the purpose of mitigating any loss of grant through potential clawback arrangements.