Minutes for Cabinet meeting, Jan 8 2009, 10.00AM official page

An apology for absence was received from Councillor P. Dowd.

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 declaration of interest was received:

Member

Minute No.

Reason

Action

Councillor Fairclough

224 -  Cabinet Member Reports - Regeneration

His employer and the South Sefton Investment Centre, of which he is Chair, are referred to in the report

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

Minutes of the meeting held on 11 December 2008

RESOLVED:

That the Minutes of the Cabinet Meeting held on 11 December 2008 be confirmed as a correct record.

Report of the Strategic Director of Children’s Services

The Cabinet considered the report of the Strategic Director of Children's Services which provided details of the progress made towards the Council securing a place on the Building Schools for the Future programme from Spring 2009, the potential changes to educational provision arising from the proposals submitted to the Government, and an initial outline of the likely costs to the Council associated with the programme.

RESOLVED:   That

(1)      the report be noted;

(2)      that further reports be submitted to the Cabinet on the progress of the programme submission including the financial requirements;

(3)      indicative support be given to the underwriting of the potential capital and revenue requirements; and

(4)      support be given to the creation of a Planning and Leisure Strategy, which will embrace all relevant Council Directorates in this venture.

Report of the Environmental Protection Director

Further to Minute No. 91 of the meeting of the Cabinet Member - Technical Services held on 3 December 2008 and Minute No. 71 of the meeting of the Cabinet Member - Environmental held on 17 December 2008, the Cabinet considered the report of the Environmental Protection Director seeking approval to the formal declaration of three Air Quality Management Areas (AQMAs) in Sefton; and indicating that a decision on this matter was required as Local Authorities had a duty under Section 83(1) of the Environment Act 1995 to designate those areas where air quality objectives were unlikely to be met as AQMAs.

The report indicated that analysis of air pollution monitoring data undertaken had concluded that AQMAs should be declared for the following three sites:

●             Crosby Road North, Crosby (A565) between the junctions with South Road and College Road;

●            Princess Way, Seaforth (A5036) from the Ewart Road flyover up to and including the Roundabout and flyover at the junction with Crosby Road South (A565); and

●          The area around the junction of Millers Bridge (A5058) and Derby Road, Bootle (A565)

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

RESOLVED:

That the Council be recommended to formally declare the three Air Quality Management Areas in Sefton, as detailed in the Order attached to the report.

Report of the Environmental Protection Director

Further to Minute No. 73 of the meeting of the Cabinet Member - Environmental held on 17 December 2008, the Cabinet considered the report of the Environmental Protection Director on the legal variation made to the Operating Permit for the Eon UK premises at Gladstone Dock, Bootle which had been issued under the provisions of the Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control (England and Wales) Regulations 2000.

The Cabinet Member - Environmental had recommended that the Environmental Protection Director be granted delegated authority to determine all future applications, in the interests of efficiency.

RESOLVED:   That

(1)      the report be noted; and

(2)      the Council be recommended to give approval to the Responsibility of Functions in Part 3 of the Council Constitution being amended by the transfer of the following function from the Cabinet Member - Environmental to the Environmental Protection Director:

          "Environmental

          Cabinet Member

          B.  Delegations

          2.       The granting, refusal, variation and revocation of authorisations/permits relating to those processes which by virtue of their scale or character or location could have a major impact on surrounding areas or uses.  For avoidance of doubt they would include extraction and/or processing of oils or fats, animal feedstuffs, hide and skin processing and storage, handling or processing of bulk commodities or other raw materials such as coal."

Report of the Planning and Economic Regeneration Director

Further to Minute No. 68 of the meeting of the Cabinet Member - Environmental held on 17 December 2008, the Cabinet considered the report of the Planning and Economic Regeneration Director on the proposed Council response to the consultation on the Joint Merseyside Waste Development Plan - Spatial Strategy and Sites report.  The report indicated that the consultation document set out the details of a proposed strategy to deal with the region's waste; identified a number of sites across Sefton which were considered most suitable for waste management facilities and listed the specific waste management facilities potentially suitable for each site.

A decision on this matter was required as the consultation was part of the statutory plan preparation process.  As well as participating in the preparation of the joint plan the Council was a consultee in its own right and it had a direct interest as the local planning authority responsible for considering the suitability of the sites for waste management facilities.

Copies of the resolutions of the Planning Committee and the Cabinet Member meetings for Environmental and Regeneration of 17 December 2008 on this issue were circulated which suggested a number of amendments to the proposed responses to the consultation questions set out in the report.

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

RESOLVED:  

That the responses to the consultation questions set out in the report be approved subject to:

(1)      (a)      it being acknowledged that Southport Members are concerned about the suggested  sites F2334 at Crowland Close, Crowland Industrial Estate, Southport and F2333 at 55 Crowland Street, Southport;

          (b)      accordingly, the Planning and Economic Regeneration Director be requested to arrange a briefing meeting for all Southport Members to advise on the above two sites and other potential sites in the north of the Borough; and

          (c)      thereafter submit a further report to Cabinet;

(2)      Minute Nos. 68 and 84 of the meetings of the Cabinet Members for Environmental and Regeneration respectively, held on 17 December 2008 being approved, subject to the reference to suggested site F0917 relating to the rear of Atlantic Industrial Estate, Bridle Road, Netherton being amended to read:

          "That due to the immediate adjacent proximity of many residential homes, this site was not considered suitable for any of the suggested waste management uses other than as a Council Depot.  Therefore, it should be recommended that this site be removed from the list of potential sites."; and

(3)      the following comments being included in the response relating to waste areas of opportunity within the Dock Estate:

          "Road access to the dock estate is good, although the roads are already busy and experience a high proportion of heavy goods traffic.  The area of opportunity does not include the Seaforth docks area, so the main port entrance at Seaforth would not serve the area of opportunity.  The main access to the dock estate in the area identified would be from Regent Road, which would result in additional traffic on the A565 Derby Road and the A5036 Millers Bridge/Balliol Road.  Both these roads already carry both high levels of commuter traffic and a high proportion of heavy goods vehicles.  There is particular concern about the junction of Derby Road and Millers Bridge where an air quality management area has been declared due mainly to traffic related emissions.

          The implications of development proposals and highway improvements in north Liverpool along the A565 corridor also need to be taken into account to ensure that the waste sites and the development proposals compliment each other and do not create a demand for transport that exceeds the existing capacity of the highway network in that area."

Report of the Leisure Director

Further to Minute No.49 of the meeting of the Cabinet Member - Leisure and Tourism held on 7 January 2009, the Cabinet considered the report of the Leisure Director on the tenders received for the design, manufacture, installation and ongoing maintenance of a flue gas filtration system at Southport Crematorium to meet the requirements of the Department for Environment, Food and Rural Affairs and Government legislation.

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

RESOLVED:   That

(1)       the tender submitted by Faculatatieve Technologies of Leeds in the revised sum of £829,069 be accepted;

(2)       the total project cost of £999,775 be added to the Council's Capital Programme, funded by a combination of prudential borrowing and income;

(3)       an annual inflationary increase be applied to the tender price and 5 year maintenance agreement in line with the Consumer Price Index (CPI) and funded via an annual increase in the revenue line, directly offset by an increase in cremation charges at the corresponding CPI rate; and

(4)       the total project cost of £1,204,769 be noted and authorised.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance Director which provided an update on the Council’s budgetary position, the budget timetable and the current assumptions in the Medium Term Financial Plan.

The report also set out the recommendations of the Overview and Scrutiny Joint Working Group on External Funding with regard to the flexibility available in the use of Area Based Grant and the proposed schemes for inclusion in the New Start Capital Programme 2009/10 to 2011/12.

RESOLVED:   That

(1)      the current year outturn figure be noted and the on-going spending freeze be retained provisionally for the remainder of the current financial year;

(2)      (a)      the Overview and Scrutiny Working Group be thanked for their positive response in looking at the issue of Area Based Grant and it be acknowledged that there was flexibility in how it can be used;

          (b)      option (b) proposed by the Overview and Scrutiny Working Group be approved, namely to pass on the lesser of the current year funding or the proposed funding for 2009/10 for ABG Services, thus releasing £2.3m of resources for reinvestment in priority services; and

          (c)      the application of these resources to priority services be considered as part of the budget process for 2009/10;

(3)      the items contained within the New Start Capital Programme 2009/10 to 2011/12 be noted and considered further as part of the budget setting process; and

(4)      the remaining budget timetable be noted.

(In accordance with Rule 18.5 of the Council and Committee Procedure Rules, Councillors Fairclough and Maher requested that their vote against resolution (2) above be recorded).

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance Director on the requirement for the Council to set its Council Tax Base for 2009/10.

RESOLVED:

That, in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 1992 as amended, the amount calculated by Sefton Council as the Council Tax base for Sefton and for each Parish Area for 2009/10 shall be as follows:

In the Metropolitan Borough of Sefton

-   92,946.68

In the Parish of Aintree Village

-     2,286.30

In the Parish of Ince Blundell

-        191.07

In the Parish of Little Altcar

-        287.52

In the Parish of Lydiate

-     2,248.83

In the Parish of Maghull

-     7,166.25

In the Parish of Melling

-     1,091.07

In the Parish of Sefton

-        234.07

In the Parish of Thornton

-        815.51

In the Parish of Hightown

-        894.57

In the Parish of Formby

-     9,476.70

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.

Report of the Legal Director

Further to Minute No. 146 of the Cabinet meeting held on 30 October 2008 and Minute No. 76 of the meeting of the Cabinet Member - Corporate Services held on 7 January 2009, the Cabinet considered the report of the Legal Director on the implications for the Child Care and Social Services Team within the Legal and Administrative Services Department following the case of Baby P in Haringey and other child protection cases, which have received widespread publicity in recent weeks.

RESOLVED:   That

(1)      the report be noted;

(2)      approval be given to the creation of two legal assistant’s posts in the Child Care and Social Services Team in the Legal and Administrative Department with immediate effect; and

(3)      approval be given to a supplementary estimate of £8,800 for 2008/09 and the addition of the full year growth of £52,300 into the Medium Term Financial Plan for future years.

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, 2 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.

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, 2 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.

Joint report of the Strategic Director of Children’s Services and Personnel Director

The Cabinet considered the joint report of the Strategic Director of Children's Services and Personnel Director on proposed changes to the senior management structure in the Children's Services Directorate to meet the long term strategic and operational needs of the Directorate.

The report indicated that the Strategic Director of Children's Services had given notice to the previous Chief Executive of his intention to retire in Autumn 2009 to provide adequate time for a replacement to be appointed to the post.

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

RESOLVED:   That

(1)          approval in principle be given to the proposed changes to the senior management structure in the Children's Services Directorate as detailed in Section C of the report;

(2)      it be noted that, in accordance with the Responsibility for Functions provided in the Council's constitution, the personnel implications described in the report have been approved by the Personnel Director, in consultation with the Director of Children's Services and the Cabinet Member for Children's Services;

(3)      an Employment Procedure Committee consisting of Councillors P. Dowd, Robertson and Parry, together with one other Conservative, Labour and Liberal Democrat Member, be appointed to oversee the recruitment processes for the two posts of Strategic Director of Children's Services and Children's Social Care Director;

(4)      the Overview and Scrutiny Committee (Children's Services) be requested to:

          (a)      consider the proposed staffing changes referred to in (1) above and if the Committee has any fundamental concerns, then the matter be referred to the Cabinet Member – Children’s Services and thereafter to Cabinet; and

(b)  consider the role of the Children's Trust Director including the governance arrangements across partnerships associated with the post; and

(5)          subject to (4) above, approval be given to the retention of Gatenby Sanderson as recruitment and selection consultants for the two posts.

Report of the Head of Tourism

Further to Minute No. 51 of the meeting of the Cabinet Member - Leisure and Tourism held on 7 January 2009, the Cabinet considered the report of the Head of Tourism on the proposed letting of the existing Tourist Information Centre, Eastbank Street Square, Southport following the receipt of tenders.

The report indicated that subject to the securing of a satisfactory tenant for the existing facility, the Tourist Information Centre facility would be relocated into the ex-Sayers building on the corner of Cambridge Arcade (part of Southport Town Hall).

RESOLVED:  

That consideration of the above matter be deferred.