Agenda and minutes

RESOLVED:

That Councillor Parry be appointed as the Chair of this meeting of the Cabinet.

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:

Minutes of the meeting held on15 May 2008

RESOLVED:

That the Minutes of the meeting of the Cabinet held on 15 May 2008 be confirmed as a correct record.

Report of the Chief Executive

The Cabinet considered the report of the Chief Executive which incorporated a copy of the Liverpool City Region Prospectus and the covering letter outlining the content of the Prospectus.

RESOLVED:   That

(1)      Each Political Party submit its comments on the Prospectus to the Chief Executive; and

(2)      the Prospectus be submitted to the next Ordinary Council meeting on 31 July 2008 for debate and the formulation of comments.

Report of the Chief Executive

The Cabinet considered the report of the Chief Executive which sought approval to the targets and priorities set against the thirty main indicators to be included in the Local Area Agreement 2008 - 2011 which had been identified following extensive negotiations between Officers, Sefton Borough Partnership and the Government Office North West.

The Council at its meeting on 8 May 2008 had given authority for the Cabinet to finalise the detail of and approve the Local Area Agreement 2008 – 2011.

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

RESOLVED:

That the priorities and targets set out in the Local Area Agreement 2008 - 2011 be approved for submission to the Government Office North West.

Report of the Gifted and Talented Children Working Group

This item was deferred for consideration at the next Cabinet meeting to enable the Chair of the Working Group to be present and outline the content of the report to the Cabinet.

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

Further to Minute No. 10 of the Cabinet Member - Health and Social Care meeting and Minute No. 4 of the Cabinet Member - Regeneration meeting, which were both held on 11 June 2008, the Cabinet considered the report of the Strategic Director of Health and Social Care which sought approval to the housing element of the Health and Social Care and Regeneration Capital Programme for 2008/09.

RESOLVED:

That the schemes detailed at Annex A of the report be approved for inclusion in the Council's Capital Programme for 2008/09

Report of the Strategic Director of Regeneration and Environmental Services.

Further to Minute No. 6 of the meeting of the Cabinet Member - Technical Services held on 4 June 2008, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services which sought approval to consultations being held on proposed amendments and developments with regard to the residents parking schemes and the management of the parking service budget and, the implementation of an interim increase in parking charges for 2008/09, as previously considered by the Cabinet.

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

RESOLVED:   That

(1)      the revised parking charge for Tulketh Street, Southport and Bootle Leisure Centre Pay and Display Car Parks be referred to the Southport Area Committee and the Linacre and Derby Area Committee respectively, for consultation prior to the consideration of the proposals at a future Cabinet meeting; and

(2)      the proposals for the consultation exercise with regard to Resident Privileged Parking Schemes and for developing a long term framework for the Parking Service Budget as outlined in the report, be noted and the Cabinet Member - Technical Services be requested to submit a report on the outcome of the consultation and proposals for this issue to the Cabinet in Autumn 2008.

Report of the Legal Director

The Cabinet considered the report of the Legal Director seeking the appointment of representatives to serve on the General Assembly of the Local Government Association (LGA) for 2008/2009 and to attend the Annual Meeting to be held on 1 July 2008 in Bournemouth; and agreement on the distribution of the voting power between the representatives appointed.

The Authority had been invited to nominate up to four representatives to attend and exercise the Council's votes at the meetings of the LGA General Assembly.

RESOLVED:   That

(1)      Councillors Brodie-Browne, and P. Dowd be appointed named representatives to attend meetings of the General Assembly of the LGA in 2008/2009 and the Annual Meeting on 1 July 2008; and

(2)      the distribution of the voting power between the representatives appointed be as follows:

          Councillor Brodie-Browne             (3 votes)

          Councillor P. Dowd                      (2 votes)

(3)      that the three Political Group Leaders be requested to discuss the proposed terms of reference for the Council's representation at the General Assembly meetings at a future Leaders Meeting.

Joint report of the Legal Director and the Leisure Director

Further to Minute No. 7 of the Cabinet meeting held on 15 May 2008, the Cabinet gave further consideration to the joint report of the Legal Director and the Leisure Director on the finding of maladministration by the Local Government Ombudsman after two extensive investigations into the Gardner Avenue Allotment site.  Copies of the two reports published by the Local Government Ombudsman were attached as appendices to the report.

The report set out the action that would need to be taken if the Cabinet was not willing to accept the action recommended by the Local Ombudsman in the two reports.

RESOLVED:   That

(1)      the action recommended by the Local Ombudsman in the two reports be not accepted; and

(2)      the Legal Director be authorised to prepare a statement of the reasons why the Council did not take the action recommended in the two Local Ombudsman's reports.

Report of the Leisure Director

Further to Minute No. 134 of the Cabinet meeting held on 4 October 2007 and Minute No. 246 of the meeting held on 24 January 2008, the Cabinet considered the report of the Leisure Director which sought the endorsement of the creation of a New Park Ranger Service within the Borough as detailed in the report.

RESOLVED:   That

(1)      the proposed creation of a new Park Ranger Service as set out in the report be endorsed; and

(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 Leisure Services Director and the Strategic Director for Regeneration and Environmental Services.

Report of the Leisure Director

The Cabinet considered the report of the Leisure Director which provided details of the applications submitted by local organisations for community activity funding under the Express Sefton Fund as part of the celebration of Capital of Culture.

The Sefton Cultural Forum had been tasked with the oversight of the funding and the report set out the recommendations of the Forum on the applications.

RESOLVED:   That

(1)      the recommendations of the Cultural Forum as set out in the report be approved; and

(2)      the Cabinet Members advise the Leisure Director of any organisations they would wish to be reconsidered for funding under the next round of applications.

Report of the Leisure Director

The Cabinet considered the report of the Leisure Director which indicated that the current Arboricultural Contract would end on 31 October 2008 and sought approval to the repackaging of the contract.

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

RESOLVED:   That approval be given to

(1)      the repackaging of tree works into two separate contracts, as outlined in the report;

(2)      the recommended approach for securing a replacement contract for arboricultural works as outlined in the report;

(3)      the recommended approach for tree planting and establishment works as outlined in the report;

(4)      the current contract being rolled forward pending the letting of the new contracts;

(5)      the contract period for the Arboricultural Works Contract being 5 years;

(6)      the application of GM 87 as Indexation for both the Arboricultural Works and tree planting/establishment Contracts; and

(7)      the provision of additional funding for tree planting being referred to the forthcoming budget process.

Joint report of the Planning and Economic Regeneration Director and Leisure Director

Further to Minute No. 12 of the Planning Committee held on 4 June 2008, the Cabinet considered the joint report of the Planning and Economic Regeneration Director and the Leisure Director which set out the content of the draft Green Space Strategy for public consultation as a corporate document rather than part of the Sefton Local Development Scheme.

RESOLVED:

That the draft Green Space Strategy for Sefton be approved for consultation.

Report of the Planning and Economic Regeneration Director

Further to Minute No. 13 of the Planning Committee held on 4 June 2008, the Cabinet considered the report of the Planning and Economic Regeneration Director which sought approval to the adoption of the Green Space, Trees and Development Supplementary Planning Document (SPD) following the public consultation exercise.

The SPD would form one of the local development documents within Sefton's Local Development Framework and would replace the 'Trees and Development' and 'Public Greenspace and Development' Supplementary Planning Guidance Notes.

The report also requested approval of the Sustainability Appraisal Report and the Habitat Regulations Assessment Screening Statement for the SPD.

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

RESOLVED:  That the Council be recommended to

(1)      adopt the Green Space, Trees and Development Supplementary Planning Document;

(2)      approve the Sustainability Appraisal Report for the SPD;

(3)      approve the Habitat Regulations Assessment Screening Statement for the SPD; and

(4)      revoke the adopted Supplementary Planning Guidance Notes 'Trees and Development' and 'Public Greenspace and Development'.

Report of the Planning and Economic Regeneration Director

This item was deferred for consideration at the next Cabinet meeting to enable the report to be considered by the Cabinet Member - Regeneration prior to its submission to the Cabinet.

Report of the Environmental Protection Director

The Cabinet considered the report of the Environmental Protection Director which sought approval to the award of a contract for the provision of personal protective equipment for staff employed on cleansing related activities, following the tendering exercise held in conjunction with Knowsley Council.

RESOLVED:   That

(1)      the procurement process which had been applied for the contract be endorsed; and

(2)      the contract be awarded to Marks and Crane of Manchester for the provision of personal protective equipment for a period of 3 years from 1 April 2008 with an option to extend the contract for a further 12 month period.

Report of the Environmental Protection Director

The Cabinet considered the report of the Environmental Protection Director which sought the adoption of the revised Enforcement Policy for the Environmental Protection Department.

RESOLVED:   That

(1)       the content of the report be noted; and

(2)       the revised Enforcement Policy for the Environmental Protection Department be adopted.

Report of the Environmental Protection Director

The Cabinet considered the report of the Environmental Protection Director which sought approval to the adoption by the Council of a resolution to become a Fairtrade Borough, the substance of which is satisfactory to the Fairtrade Foundation.

RESOLVED:  That the Council be recommended to pass a resolution to become a Fairtrade Borough and

(1)            support the community of Sefton in ensuring a fair deal for third world producers as part of Sefton's commitment to sustainable development;

(2)            provide Fairtrade tea and coffee at Council meetings;

(3)            encourage the use of Fairtrade products on Council premises where appropriate, including through the Council's meeting; and

(4)            promote Fairtrade in Sefton by producing a directory of Fairtrade outlets, and by supporting the work of the Fairtrade Steering Group.

Report of the Environmental Protection Director

The Cabinet considered the report of the Environmental Protection Director which sought approval to the allocation of the Waste Capital Infrastructure Capital Grant in the capital programme for 2008/09 to 2010/11.

RESOLVED:   That

(1)      the Waste Capital Infrastructure Grant of £491,915 for 2008/09, £489,098 for 2009/10 and £179,167 for 2010/11 be included in the capital programme for the provision of infrastructure within Sefton to support the delivery of the joint Merseyside Municipal Waste Management Strategy;

(2)      the Environmental Protection Director be authorised to explore the possibility of partnership/match funding of this budget to maximise the financial benefit of the Waste Capital Infrastructure Grant allocation; and

(3)      it be noted further reports would be submitted to the Cabinet identifying the individual schemes to be carried out, once all available resources are known.

Report of the Environmental Protection Director

The Cabinet considered the report of the Environmental Protection Director which provided an update on the introduction of the Alternating Weekly Refuse and Recycling Service (AWC) and sought approval to the implementation of new refuse and recycling services in the south of the Borough.

RESOLVED:   That

(1)      the progress made to date and the general success achieved in rolling out each phase of the new refuse and recycling services be noted;

(2)      approval be given to the proposals and approach outlined in the report for improving recycling in the south of the borough where the implementation of the standard AWC services is not considered appropriate for all properties; and

(3)      the Environmental Protection Director be requested to discuss the programme and arrangements for the roll-out of the new refuse and recycling service in the south of the Borough with the appropriate Ward Councillors.

Report of the Housing Market Renewal Director

The Cabinet considered the report of the Housing Market Renewal Director which provided details of the revisions to the draft funding agreement with the Secretary of State for Communities and Local Government in respect of Housing Market Renewal funding secured by the Newheartlands Pathfinder for 2008-2009.

RESOLVED:   That

(1)      the recent revisions to the draft Deed of Variation to the Housing Market Re-structuring (Implementation) Agreement for 2008-2009 and implications thereof, be noted;

(2)      approval be given to the revised draft Deed of Variation 2008-2009;

(3)      delegated authority be granted to the Housing Market Renewal Director, in consultation with the Legal Director and Finance Director, to make such minor amendments to the document and to agree expenditure and output targets for 2008-2009 as are necessary to enable the Council to enter into the Agreement with the Secretary of State for Communities and Local Government;

(4)      the Legal Director be authorised to formally execute the Deed of Variation on the Council's behalf; and

(5)      the Housing Market Renewal Director submit a further report detailing the agreed expenditure and output targets for 2008-09.

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 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 Chief Executive and the Head of Tourism

The Cabinet considered the joint report of the Chief Executive and Head of Tourism on proposals for Urban Splash, as the Council's Developer Partner for the re-development of the Marine Park Site (which includes the former Pleasureland site), to be granted an exclusivity agreement with the Council as the first stage of the required formal agreement between the Council and Urban Splash.

for the provision of personal protective equipment for staff employed on cleansing related activities.

RESOLVED:   That

(1)      the Legal Director be requested to agree an appropriate exclusivity agreement covering the right of Urban Splash to continue development of their Marine Park proposals for a 12 month exclusivity period with an option to extend a further 6 months at the Council's absolute discretion; and

(2)      the proposed way forward be noted and officers be requested to submit further reports to update Members in due course.

Report of the Housing Market Renewal Director

Further to Minute No. 13 of the meeting of the Cabinet Member - Regeneration held on 11 June 2008, The Cabinet considered the report of the Housing Market Renewal Director which provided details of the out-turn of the Housing Market Renewal Department Programme for 2006-2008 and sought approval to the Council contribution to the proposed programme for the funding period 2008-2011.

RESOLVED:   That

(1)      the expenditure and output targets achieved by the Housing Market Renewal Department during 2006-2008 be noted;

(2)      the Housing Market Renewal Initiative allocation for 2008-09 of £10.77 million and indicative allocation for 2009-10 and 2010-11 of £10.18 million and £9.38 million respectively, be noted;

(3)      the Housing Market Renewal Programme for 2008-09 be approved, and the programme for 2009-11 be approved in principle, subject to confirmation of funding availability for that funding period from the Department of Communities and Local Government;

(4)      the reference to Bedford/Queens Community Centre in Appendix A of the report be amended to read Queen's Road Neighbourhood Centre; and

(5)      a further report be submitted to Cabinet Member - Regeneration and Cabinet for approval, in respect of the Housing Market Renewal programme for 2009-11 when funding allocations for that period are confirmed by the Department for Communities and Local Government.