Agenda and minutes

There were no apologies for absence.

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.

There were no declarations of interest made at the meeting.

Minutes of the meeting held on 8 January 2009

RESOLVED:

That the Minutes of the Cabinet Meeting held on 8 January 2009 be confirmed as a correct record.

Allan Harris, District Manager (Sefton) of the Merseyside Fire and Rescue Service will give a presentation on the Integrated Risk Management Plan 2009, detailing the plans for the Fire Service in Sefton for 2009 and respond to any questions

Allan Harris, District Manager (Sefton) of the Merseyside Fire and Rescue Service gave a presentation on the Integrated Risk Management Plan 2009, for the Fire Service in Sefton and responded to questions from Cabinet Members.

RESOLVED:

That the presentation be noted.

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

Further to Minute No. 63 of the meeting of the Cabinet Member - Health and Social Care held on 21 January 2009 the Cabinet considered the report of the Strategic Director of Health and Social Care which sought approval to the inclusion in the Council’s Capital Programme of the Capital Grant Allocation for 2008/09 to 2010/11 for developing adult social care IT infrastructure in Sefton.

RESOLVED: That approval be given to the inclusion of the Capital Grant Allocation 2008/09 to 2010/11 for developing adult social care IT infrastructure in the Capital Programme.

Report of the Strategic Director of Children’s Services

Further to Minute No. 107 of the meeting of the Cabinet Member - Children’s Services held on 20 January 2009, the Cabinet considered the report of the Strategic Director of Children’s Services which indicated that the Department for Children, Schools and Families had requested all Local Authorities to stimulate the economy in the short-term by releasing funding programmes for 2010/11 into 2009/10.

The report indicated that the implications of bringing forward all or part of Capital Grant Allocations had been considered and discussed with the Diocese and Archdiocese.

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

RESOLVED:

That approval be given to a total of £975,000 of available grant funding being re-profiled from 2010/11 into the Children’s Services Capital Programme 2009/10.

Report of the Strategic Director of Children’s Services

Further to Minute No. 105 of the meeting of the Cabinet Member - Children’s Services held on 20 January 2009, the Cabinet considered the report of the Strategic Director of Children’s Services on the proposed schemes to be implemented under the Schools Access Capital Grant Allocation for 2008/09.

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

RESOLVED:            That

(1)       the proposed schemes detailed in the report be approved, and

(2)       the proposed expenditure to be funded from specific resources be included in the Children’s Services Capital Programme 2008/09.

Report of the Strategic Director of Children’s Services

Further to Minute No. 106 of the meeting of the Cabinet Member - Children’s Services held on 20 January 2009, the Cabinet considered the report of the Strategic Director of Children’s Services on proposals for the acquisition and demolition of the School House adjacent to St. Luke’s CE Primary School, Formby to enhance the current school accommodation.

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

RESOLVED:            That

(1)       Capita Symonds, Property Management be requested to act on behalf of the Council in negotiations with the Trustees of the School with the objective of retaining the site for future use of the schools; and

(2)       details of the negotiated terms be submitted to a future meeting of the Cabinet for approval.

Report of the Strategic Director of Children’s Services

Further to Minute No. 108 of the meeting of the Cabinet Member - Children‘s Services held on 20 January 20090, the Cabinet considered the report of the Strategic Director of Children’s Services which sought approval to further develop proposals for the 14-19 Diploma Targeted Capital Funding Allocation.

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 further development of the proposed schemes detailed in the report; and

(2)       the Targeted Capital Funding Allocation be included in the Children’s Services Capital Programme for 2008/09 and 2009/10.

Report of the Strategic Director of Regeneration and Environmental Services

Further to Minute No. 100 of the meeting of the Cabinet Member - Technical Services held on 14 January 2009, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services which provided details of the Southport Cycle Town Work Programme for 2008/09 approved by Cycling England for Match Funding.

The report indicated that on the basis of the successful cycling festival held in Southport in 2008, linked to the Tour of Britain, a similar event would be hosted in Southport on 11 June 2009.

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 inclusion of Cycle Town Work, Programme in the Capital Programme for 2008/09; and

(2)       it be noted that the Chair of the Overview and Scrutiny Committee (Performance and Corporate Services) has been consulted under Rule 15 of the Access to Information Procedure Rules for this Key Decision to be treated as urgent on the basis that the decision cannot be reasonably deferred because the approval from Cycling England was only granted by 28 November 2008 and confirmed by the Finance Department on 9 December 2008.  In addition, the Programme allocation needs to be spent by 31 March 2009.

Report of the Strategic Director of Regeneration and Environmental Services

Further to Minute No. 104 of the Cabinet Meeting held on 4 September 2008, the Cabinet considered a report by the Strategic Director of Regeneration and Environmental services on proposals to dispose of the Vacant Community Centre at Runnels Lane, Thornton.

RESOLVED:            That

(1)            approval be given to the Community Centre at Runnells Lane, Thornton being declared surplus to requirements and disposed of in line with the Council’s Asset Management Strategy;

(2)       the Strategic Director of Regeneration and Environmental Services be authorised to dispose of the above property on the open market and agree the terms of disposal as necessary.  The timing to be subject to market conditions; and

(3)       the Legal Director be authorised to complete the necessary documentation.

Report of the Planning and Economic Regeneration Director

Further to Minute No. 94 of the meeting of the Cabinet Member - Regeneration held on 21 January 2009, the Cabinet considered the report of the Planning and Economic Regeneration Director on the findings of the Final Evaluation of the Atlantic Gateway Strategic Investment Area Programme by external consultants.

RESOLVED:

That the report be noted.

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

Further to Minute No. 44 of the meeting of the Cabinet Member - Leisure and Tourism held on 7 January 2009 and Minute No. 135 of the meeting of the Planning Committee held on 14 January 2009, the Cabinet considered the joint report of the Leisure Director and the Planning and Economic Regeneration Director on the proposed adoption of the Sefton Coast Nature Strategy and Biodiversity Plan.

The Leisure Director circulated a supplementary report in response to the resolution passed by the Planning Committee on 14 January 2009, and Councillors Griffiths and Storey addressed the Cabinet in support of the resolution of the Planning Committee.

The Leisure Director reported that Natural England’s position statement indicated that it would no longer clear fell large areas of pine woodland and that they would want the future landscape of the restored area to flow from open dunes through scattered trees to woodland and that this would encompass a mosaic of habitat types which would work together creating open areas, woodland copses, scrub and water features.  Also that it was committed to protect and enhance the woodland habitats of the coast in recognition that these were valuable for the species that they supported and their amenity value to local residents and visitors.

The Leisure Director also indicated that with the Council adopting a strategic approach and the need to deliver favourable conservation status, there would be site management that involved tree felling but within the context of the Sefton Coast Woodlands Forest Plan there should be no net loss of woodland.

To enable ongoing consultation on the implementation of the Strategy it was proposed that a Sefton Nature Forum be established with the scope to involve communities in ownership and monitoring of the Strategy and allow for clear and open discussion in respect of implementing its objectives.

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

RESOLVED: That

(1)      the decisions of the Cabinet Member - Leisure and Tourism and Planning Committee to endorse and adopt the Nature Conservation Strategy and Biodiversity Delivery Plan be noted;

(2)      the Nature Conservation Strategy and Biodiversity Delivery Plan be approved and adopted;

(3)      it be noted that the Planning Committee welcomed and endorsed Natural England’s position statement indicating that it would no longer clear fell large areas of coastal woodland, the result of which would be no net loss resulting from human activity, within the context of the Sefton Coast Woodlands Forest Plan;

(4)      that the decision of the Council (Minute No. 62) at its meeting held on 4 March 2004, remain as an important landmark in the Council’s efforts to preserve Sefton’s Coastal Woodland; and

(5)      the initiative of the Formby Area Committee to appoint a Woodland Monitoring Group to help ensure the future preservation of the Coastal Woodlands be supported.

Report of the Housing Market Renewal Director

Further to Minute No. 90 of the meeting of the Cabinet Member - Regeneration held on 21 January 2009, the Cabinet considered the report of the Housing Market Renewal Director on the tenders received for the development of the Captains Lane Community Facility.

RESOLVED:            That

(1)       the tender submitted by J. Armour of Melling in the sum of £346,495 be accepted; and

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

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director on the current position relating to the Budget for 2009/10 and the outstanding issues that need to be resolved.

RESOLVED: That

(1)      it be noted that the revised budget gap is £2m inclusive of unavoidable growth;

(2)      provision be made for pay inflation at 2% within the 2009/10 budget;

(3)      provision be made for price inflation at 2% for Priority Services and 0% for Other Services within the 2009/10 budget;

(4)      the ongoing discussions/consultation around the allocation of Area Base Grant (ABG) resources within the 2009/10 budget be noted and the Finance and Information Services Director be requested to submit a report on the impact of ABG proposals to the next Cabinet meeting for consideration alongside the Executive’s budget;

(5)      the performance of the Insurance Fund be noted;

(6)      a one-off Insurance Fund contribution to reserves be confirmed;

(7)      £1.5m be made available from the Insurance Fund as an ongoing budget saving;

(8)      the intention to establish a budget pressures fund be noted and the Finance and Information Services Director be requested to submit a report to the Cabinet meeting on 19 March 2009 identifying how this would operate in practice;

(9)      the £250k surplus on the Collection Fund be used towards narrowing the budget gap for 2009/10;

(10)    the estimated impact of Precepts and Levies be noted;

(11)    it be noted that Council Tax increases need to remain below 5% to avoid the risk of the Authority being capped; and

(12)    the list of Non-Priority growth items issued to the three Group Leaders be circulated to all Members of the Cabinet for information.

Report of the Finance and Information Services Director

The Cabinet considered the report of the Finance and Information Services Director which provided details of the proposed response to the consultation by the Audit Commission on the revised Accounts and Audit Regulations.

RESOLVED:

That the proposed response as set out in the report be approved for submission to the Audit Commission.

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 2 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, 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.

Report of the Strategic Director of Children’s Services

Further to Minute No. 58 of the meeting of the Overview and Scrutiny Committee (Children’s Services) held on 6 January 2009 and Minute No. 121 of the meeting of the Cabinet Member - Children’s Services held on 20 January 2009, the Cabinet considered the report of the Strategic Director of Children’s Services on proposals which could present significant and substantial change to Local Authority provision for pupils with Special Educational Needs.

RESOLVED: That

(1)      the recommendations for changes to the provision for pupils with Special Educational Needs (SEN), as detailed in the report be approved for consultation; and

(2)      it be noted that the Chair of the Overview and Scrutiny Committee (Children’s Services) had given his consent under Rule 16 of the Access to Information Procedure Rules for this decision to be treated as urgent on the basis that it cannot be reasonably deferred because the delay would cause uncertainty to parents of children with SEN or Learning Difficulties and Disabilities and may result in placement in out of Borough provision.  This would create a significant delay in making savings for the Authority.

Report of the Strategic Director of Regeneration and Environmental Services

Further to Minute No. 98 of the Cabinet meeting held on 7 August 2008, the Cabinet considered the report of the Strategic Director of Regeneration and Environmental Services on the proposed disposal of the Connolly House site and Centenary Gardens to Hugh Baird College, Bootle.  The report also gave details of one objection received to the sale of Centenary Gardens following public advertisement and the detailed response to the issues raised in the objection.

RESOLVED: That

(1)      that having noted and considered the formal objection to the disposal of the Public Open Space at Centenary Gardens, it is formally agreed to dispose of the land in accordance with the provisions of Section 123 of the Local Government Act 1972;

(2)      the terms and conditions set out in the report be approved and the Strategic Director of Regeneration and Environmental Services be instructed to agree any revised terms and conditions;

(3)      the Legal Director be requested to complete the Legal Documentation;

(4)      it be noted that the Chair of the Scrutiny and Review (Performance and Corporate Services) has given consent, under Rule 17 of the Scrutiny Procedure Rules, to the call in period being waived in respect of this matter, because Hugh Baird College have to submit the agreed terms for the sale to the Learning and Skills Council by 27 January 2009 in order that their grant funding application can be considered.