Agenda and minutes

There were no apologies for absence.

Minutes of the meeting held on 4 February 2010

RESOLVED:  

That the Minutes of the Cabinet Meeting held on 4 February 2010 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:

Report of the Acting Finance and Information Services Director

The Cabinet considered the report of the Acting Finance and Information Services Director which provided details of the proposed procedures and strategy to be adopted in respect of the Council's Treasury Management Function in 2010/11.

RESOLVED:  

That the Council be recommended to give approval to:

(1)       the Treasury Management Policy Document for 2010/11;

(2)       the Treasury Management Strategy Document for 2010/11;

(3)       the amendment to banking arrangements contained within the Financial Procedures Rules of the Constitution;

(4)       the Money Laundering Policy Document; and

(5)       the basis to be used in the calculation of the Minimum Revenue Provision for Debt Repayment in 2010/11.

Report of the Acting Finance and Information Services Director

The Cabinet considered the report of the Acting Finance and Information Services Director on proposals to establish the Prudential Indicators required under the Prudential Code of Capital Finance in Local Authorities.  This would enable the Council to effectively manage its Capital Finance Activities and comply with the Chartered Institute of Public Finance and Accountancy Prudential Code of Capital Finance in Local Authorities.

RESOLVED:  

That the Council be recommended to give approval to:

(1)       the Prudential Indicators detailed in the report, and summarised in Annex A, as the basis for compliance with The Prudential Code for Capital Finance in Local Authorities;

(2)       the amendment of relevant Prudential Indicators in the event that any unsupported borrowing is approved as part of the 2010/11 Revenue Budget; and

(3)            delegated authority being granted to the Acting Finance and Information Services Director to manage the authorised Limit and Operational Boundary for external debt as detailed in Section 5 of the report.

Joint report of the Acting Finance and Information Services Director and the Strategic Directors – Children, Schools and Families; Communities; and Social Care and Well-Being

The Cabinet considered a joint report of the Acting Finance and Information Services Director and Strategic Directors for Communities, Social Care and Wellbeing and Children, Schools and Families in respect of 2009/10 and the development of the 2010/11 - 2012/13 Capital Programme in the light of recent resource notifications received from Central Government and the formulation of the Revenue Budget.  Appended to the report at Annex A was the Council's Capital Programme for the period 2010/11 to 2012/13.

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

RESOLVED:  

That the Council be recommended to:

(1)            approve the 2010/11 - 2012/13 Capital Programme set out in Annex A of the report;

(2)            confirm that Cabinet Members may continue to approve schemes from within their specific capital allocations included in annex A of the report;

(3)            approve the use of lease facilities in 2010/11 provided that any revenue consequences can be accommodated within appropriate budgets; and

(4)       note that there is no provision for a New Starts Programme during 2010/11.

Report of the Chief Executive and Section 151 Officer

The Cabinet considered the report of the Chief Executive and Section 151 Officer which provided an assessment on the robustness of the estimates and the adequacy of the financial reserves based on the budget scenario presented to the Cabinet on 4 February 2010.

RESOLVED:  

That the Council be requested to consider the report before approving a Budget and Council Tax for 2010/11.

Joint report of the Strategic Director – Communities, Leisure and Tourism Director and Head of Regeneration and Technical Services

Further to Minute No. 296 of the Cabinet Meeting held on 14 January 2010, the Cabinet considered the joint report of the Strategic Director - Communities, Leisure and Tourism Director and Head of Regeneration and Technical Services on the estimated costs identified for the adaptation works required to a number of potentially suitable venues to facilitate a temporary library service in Southport Town Centre for the duration of the Southport Cultural Centre Works.

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

RESOLVED:   That

(1)      approval be given to the temporary library service being provided in the Southport Visitor Group Offices, Tulketh Street, subject to the necessary negotiations and approval being obtained; and

(2)      the one-off costs be met from existing resources in the Revenue Budget.

Report of the Chief Executive

Further to Minute No. 273 of the Cabinet meeting held on 4 February 2010, the Cabinet considered a report by the Chief Executive which provided an update on current issues relating to the completion of the 2010/11 budgetary process and the Medium Term Financial Plan for 2010/11 - 2012/13.

The Council had to set a Budget and a Council Tax by 10 March 2010 at the latest.  In accordance with the Council's Constitution and Statute, the Cabinet was required to propose a budget for independent assessment by the Overview and Scrutiny Committee (Performance and Corporate Services) in advance of the final budget Council.  This assessment had taken place at the Overview and Scrutiny Committee meeting held on 16 February 2010.

The report also provided details of the resolution passed by the Overview and Scrutiny Committee (Performance and Corporate Services) on the budget scenario statement presented to the Cabinet, the precepts set by the Police Authority and Fire and Civil Defence Authority, the Parish Precepts and the confirmed levies for 2010/11.

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

RESOLVED:   That

(1)       the confirmed impact of external levies on the Council Tax be noted;

(2)       the positive outcome of the Trade Unions ballot in relation to the changes to Terms and Conditions be welcomed and the Director of Corporate Services be requested to conclude these negotiations in the form of a formal collective agreement;

(3)       it be noted that a further report on workforce planning will be presented to the next meeting of Cabinet;

(4)       the Council be recommended to approve the budget scenario as amended by adjustments, set out in Paragraph 5.12 and Annex B of the report, amended by adjustments for the addition of the one-off costs for the provision of a temporary library service in the Southport Town Centre; and note the updated Medium Term Financial Plan for 2010/11 - 2012/13.

(5)       the final precepts from the Police and Fire Authorities for 2010/11 be noted; and

(6)       the final Parish Precepts for 2010/11 be noted.

Report of the Chief Executive

The Cabinet considered the report of the Chief Executive on the proposed structure and membership of the Sefton Borough Partnership and a number of principles relating to the partnership and area management following the governance review of this workstream.

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

RESOLVED:  

That the Council be recommended to:

(1)            approve the broad principles of area management as set out in paragraph 3.5 of the report;

(2)            approve the timescale for the development of area management and the related area based thematic groups in the next municipal year (May 2010 to April 2011);

(3)            approve the broad areas for the development of area management as set out in paragraphs 3.6 and 3.7 of the report;

(4)            approve the proposed roles and membership of the Sefton Borough Partnership Board and Operations Board, as set out in paragraphs 4.2 - 4.5 of the report;

(5)            approve the approach to membership and structure outlined in paragraphs 4.6 - 4.11 of the report;

(6)       note the intention that quarterly reports from the Assistant Chief Executive and Assistant Director Neighbourhoods will be submitted throughout the 2010/11 Municipal Year which will incorporate changes to membership and development of area management and area based thematic groups; and

(7)       give delegated authority to the Cabinet Member for Performance and Governance to approve any in year changes to the principles agreed in this report, but where the development relates to Area Management, that any proposals be approved by Cabinet.

Report of the Assistant Chief Executive

The Council considered the report of the Assistant Chief Executive seeking approval to the refreshed Local Area Agreement 2008 - 2011 following negotiations with Sefton Borough Partnership and the Government Office - North West.

RESOLVED:   That

(1)       the refreshed targets for the new Local Area Agreement 2008-2011 be approved; and

(2)       it be noted that targets NI 116, NI 153, NI 154 and NI 171 relating to the economic downturn have been renegotiated and agreed with the Government Office - North West.

Report of the Chief Executive

The Cabinet considered the report of the Chief Executive on the proposed appointment of Officers to undertake the Proper Officer functions in respect of elections, electoral registration, the monitoring officer role and the registration of births, marriages and deaths.

RESOLVED:  

That the Council be recommended to give approval to:

(1)       the Electoral Registration Officer Functions for the registration of Parliamentary and Local Government Electors and Acting Returning Officer/Returning Officer Functions for Parliamentary, Local, Parish and European Elections under the relevant provisions of the Representation of the People Act 1983 and European Parliamentary Elections Act 2002 being attached to the post of Assistant Chief Executive and the current postholder be appointed to act as the Proper Officer for all related functions and relevant legislation with effect from 1 April 2010;

(2)       the Assistant Legal Director being appointed as the Monitoring Officer for the Council with effect from 1 April 2010, until he leaves the Council or a decision is made regarding which post shall perform this function: this will allow a review to be undertaken as to which post shall in future perform the role of Monitoring Officer;

(3)       the Assistant Director (Democratic Services) being appointed as the Deputy Monitoring Officer for the Council with effect from 1 April 2010, in order to provide greater resilience to this function: it being noted that the title of this post is likely to change as a result of restructuring, and that this title reflects the current post title; and

(4)       the Assistant Director (Democratic Services) being appointed as the Proper Officer for the registration of Births, Marriages and Deaths under the provision of the Local Government Act 1972 and Registration Services Act 1953 and the regulations made thereunder.

Report of the Strategic Director - Communities

Further to Minute No. 38 of the Council Meeting held on 22 October 2009, the Cabinet considered the report of the Strategic Director - Communities on the proposed protocol for the moratorium on the siting of mobile phone masts on Council land to be lifted by the Cabinet on a case by case basis.

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

RESOLVED:  

That the protocol be submitted to the Overview and Scrutiny Committee (Regeneration and Environmental Services) and each Area Committee for consideration prior to approval at a future meeting of the Cabinet.

Report of the Strategic Director - Communities

Further to Minute No. 143 of the meeting of the Cabinet Member - Technical Services held on 24 February 2010, the Cabinet considered the report of the Strategic Director - Communities which provided details of the proposed project to undertake public realm improvements to the Dunnings Bridge Road Corridor, Bootle and sought approval to the inclusion of the scheme within the Capital Programme for 2010/11.

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

RESOLVED:   That

(1)            approval be given to the inclusion of the Dunnings Bridge Road Corridor Project within the Capital Programme 2010/11 subject to the funding from the European Regional Development Fund, Regional Development Agency and Local Transport Plan being confirmed;

(2)       it be noted that no further expenditure commitment will be entered into until all resources for the project are secured; and

(3)       further progress reports on the project be submitted to the Cabinet.

Report of the Strategic Director - Communities

The Cabinet considered the report of the Strategic Director - Communities on the tenders received for the provision of a new world of Work extension at Deyes High School, Maghull.

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

RESOLVED:   That

(1)      approval be given to the allocation of £1,179,557 in the Children's Services Capital Programme. Funding to be provided through the 14-19 World of Work Diploma Programme (£750,000), the Schools Devolved Formula Capital allocation (£250,000), Schools Modernisation Programme allocation (£138,207), and from the Capital Provision for the Meadows Leisure Centre project (£41,350);

(2)      the lowest revised tender submitted by Lyjon and Company Ltd. of Ellesmere Port in the sum of £955,232.00 be accepted; and

(3)      the Legal Director be requested to enter into a formal contract with the successful tenderer.

Report of the Strategic Director - Communities

This item was withdrawn from consideration at the meeting to enable the full costings for the proposed scheme to be obtained and submitted to the Cabinet Urgent Business Committee for consideraiton.

Report of the Strategic Director - Communities

The Cabinet considered the report of the Strategic Director - Communities on the tenders received for the provision of a new World of Work extension at Maghull High School, Maghull.

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

RESOLVED:   That

(1)            approval be given to the allocation of £387,224 in the Children's Services Capital Programme for this scheme, funded entirely from the 14-19 Diplomas budget; and Schools Devolved Formula Capital contribution;

(2)       the lowest tender submitted by Melwood Construction of Huyton in the sum of £300,197.00 be accepted; and

(3)       the Legal Director be requested to enter into a formal contract with the successful tenderer.

Report of the Strategic Director - Communities

The Cabinet considered the report of the Strategic Director - Communities on the tenders received for the provision of a new World of Work extension at Hillside High School, Breeze Hill, Bootle.

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

RESOLVED:   That

(1)            approval be given to the allocation of £236,868.90 in the Children's Services Capital Programme for this scheme, funded entirely from the 14-19 Diplomas budget;

(2)       the lowest revised tender submitted by Construction Partnership UK Limited. of Skelmersdale in the sum of £157,414.90 be accepted; and

(3)       the Legal Director be requested to enter into a formal contract with the successful tenderer.

Report of the Strategic Director - Children, Schools and Families

The Cabinet considered the report of the Strategic Director - Children, Schools and Families seeking approval to the implementation of a scheme to enhance the facilities at Formby High School following its redesignation as a specialist school for arts and science.

RESOLVED:   That

(1)       the proposed scheme be approved as detailed in the report; and

(2)       the expenditure for the scheme to be funded from specific resources be included in the Children, Schools and Families Capital Programme 2009/10.

Report of the Planning and Economic Development Director

The Cabinet considered the report of the Planning and Economic Development Director on the completion of the Merseyside Rural Economic Strategy and the start of Phase 2 of the study which would involve the development of a detailed Action Plan.

RESOLVED:   That

(1)       the content of the report and the progress made to date in the completion of the Merseyside Rural Economic Strategy be noted; and

(2)       further progress reports on the study be submitted to the Cabinet.

Report of the Planning and Economic Development Director

Further to Minute No. 104 of the meeting of the Cabinet Member - Regeneration held on 17 February 2010, the Cabinet considered the report of the Planning and Economic Development Director which provided details of the key findings of the Joint Employment Land and Premises Study which was one of a number of key evidence gathering studies that are being undertaken to inform the Core Strategy process and to guide advice and decisions on individual employment proposals and planning applications.

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

RESOLVED:  

That the key findings of the Joint Employment Land and Premises Study be approved.

Report of the Planning and Economic Development Director

Further to Minute No. 105 of the meeting of the Cabinet Member - Regeneration held on 17 February 2010, the Cabinet considered the report of the Planning and Economic Development Director which provided details of the consultation on the Draft Part 1 of the forthcoming North West Regional Strategy and sought delegated authority for the Planning and Economic Development Director to provide (partial) comments on behalf of Sefton and to contribute towards a joint Liverpool City Region response.

RESOLVED:   That

(1)       the key elements of the North West Regional Strategy 2010: Draft Part 1 Consultation be noted and the suggested (partial) consultation response set out in the report be approved; and

(2)       the Planning and Economic Development Director be authorised to send the consultation response and any necessary further consultation comments to the Department for Communities and Local Government as part of the Council's formal response to this consultation exercise.

Report of the Planning and Economic Development Director

The Cabinet considered the report of the Planning and Economic Development Director on the recent activities undertaken by the Sefton Business Village Partnerships.

RESOLVED:   That

(1)       the report be noted; and

(2)       when appropriate, further reports on the activities undertaken by the Sefton Business Village Partnership be submitted to the Cabinet.

Report of the Planning and Economic Development Director

Further to Minute No. 130 of the meeting of the Cabinet Member - Technical Services held on 10 February 2010, the Cabinet considered the report of the Planning and Economic Development Director which sought approval to increase the fees and charges levied within the Planning Portfolio.

RESOLVED:  

That approval be given to revised fees and charges for 2010/11 set out in the report and the revised financial contributions to be set out in Supplementary Planning Guidance.

Report of the Leisure and Tourism Director

Further to Minute No. 97 of the meeting of the Cabinet Member - Leisure and Tourism held on 24 February 2010, the Cabinet considered the report of the Leisure and Tourism Director on proposals for the fees and charges in 2010/11 for a range of services delivered by the Leisure and Tourism Department to be either frozen at the 2008/09 level or reduced to stimulate increased usage.

RESOLVED:  

That approval be given to the Fees and Charges for 2010/11 as set out in Annex A of the report.

Report of the Head of Regeneration and Technical Services

Further to Minute No. 105 of the meeting of the Cabinet Member - Environmental held on 26 February 2010, the Cabinet considered the report of the Head of Regeneration and Technical Services seeking approval to procure bathymetric survey services in relation to the Regional Coastal Monitoring Programme using the Buying Solutions Framework; and requesting that the Capital Programme be increased to reflect the revised cost of the project subject to Environment Agency approval.

RESOLVED:  

That, subject to receiving 100% grant approval from the environment Agency:

(1)      Halcrow Group Ltd. be commissioned to undertake bathymetric surveys via the Buying Solutions Framework at a cost of £295,000; and

(2)      the Capital Programme be increased to reflect the revised cost of the project.

Report of the Environmental Protection Director

Further to Minute No. 106 of the meeting of the Cabinet Member - Environmental held on 26 February 2010, the Cabinet considered the report of the Environmental Protection Director on the proposed processes to be commenced to ensure that suitable arrangements are in place to continue to provide a recycling collection when the current Dry Recycling Collection Contract expires on 31 March 2011.

Councillors Friel and Kerrigan outlined the concerns of tenants in high-rise accommodation blocks in Bootle with regard to the perceived implementation of additional charges upon the tenants by One Vision Housing to meet the costs for the collection of residual waste from the accommodation blocks and the Environmental Protection Director reported on the correspondence sent to One Vision Housing seeking a meeting to discuss proposals for a single weekly collection of residual waste from high-rise accommodation blocks

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

RESOLVED:   That

(1)      the recommendations made by the Overview and Scrutiny Committee (Regeneration and Environmental Services) Working Group that a 'co-mingled collection' be developed be approved subject to an acceptable beneficial arrangement being recommended by Finance Directors and subsequently agreed by all Merseyside Waste Disposal Authority member authorities and the Operational Services Director be authorised to make the necessary arrangements for the implementation of the new recycling collection service that will operate from 1 April 2011 onwards;

(2)      pending a satisfactory conclusion to the issues in (1) above, the Operational Services Director be authorised to make arrangements to tender for the provision of a kerbside sort recycling collection service, based on the materials currently collected with cost options for the addition of new materials;

(3)      the potential cost increase associated with either collection service be noted and included in the Medium Term Financial Plan;

(4)      the Chief Executive be requested to advise the Chief Executive of One Vision Housing that the Cabinet would wish the One Vision Housing Board to respond positively to the proposals to improve recycling at high-rise accommodation, including a single weekly collection of residual waste at the earliest opportunity and that the view of the Cabinet is that One Vision Housing should not impose any additional charges on tenants for the collection of residual waste should One Vision Housing require a frequency of collection in excess of one per week;

(5)  the Operational Services Director advise local councillors of the progress and conclusion upon the discussions with One Vision Housing on the future arrangements for the collection of recycling and residual waste from high-rise accommodation blocks; and

(6)   the Environmental Protection Director submit a report to a future Cabinet meeting on the outcome of the discussions with the Merseyside Councils on the Private Finance Initiative (PFI) recycling targets and the implications for Sefton Council.

Report of the Environmental Protection Director

Further to Minute No. 107 of the meeting of the Cabinet Member - Environmental held on 26 February 2010, the Cabinet considered the report of the Environmental Protection Director which sought approval to increase the fees and charges in 2010/11 for a range of services delivered by the Environmental Protection Department.

RESOLVED:  

That approval be given to:

(1)       the revised fees and charges for 2010/11 as set out in Annex A of the report; and

(2)       the adoption of the Local Authority Pollution, Prevention and Control (LAPPC) fees and charges for 2010/11 following the announcement by the Department for Environment, Food and rural Affairs.

Report of the Environmental Protection Director

Further to Minute No. 87 of the meeting of the Licensing and Regulatory Committee held on 22 February 2010, the Cabinet considered the report of the Environmental Protection Director which sought approval to increase the fees and charges for general licensing services in 2010/11.

RESOLVED:  

That approval be given to the revised fees and charges for 2010/11 as set out in Annex A of the report.

Report of the Legal Director

Further to Minute No. 107 of the meeting of the Cabinet Member - Corporate Services held on 3 March 2010, the Cabinet considered the report of the Legal Director which sought approval to increase the fees and charges for services provided by the Legal and Democratic Services Department for 2010/11.

RESOLVED:   That

(1)            approval be given to the implementation of the discretionary fees and charges as set out in Annex A of the report; and

(2)       it be noted that the various statutory charges for the Department will be implemented once notified by the relevant bodies.

Report of the Legal Director

The Cabinet considered the report of the Legal Director which detailed the draft Programme of Meetings for the 2010/11 Municipal Year.  This Programme was required to enable the business of the Council to be conducted.

RESOLVED:   That

(1)       with the exception of meetings of the Sefton Borough Partnership, the Programme of Meetings for the Council and Regulatory Committees; Overview and Scrutiny Committees; Area Committees; and Members' Briefings for 2010/11 as set out in annexes A, B and C of the report be recommended to the Council for approval;

(2)       the Programme of Meetings for Cabinet and Cabinet Members for 2010/11, as set out in Annex D of the report, be approved subject to the commencement time for meetings of the Cabinet Member - Regeneration being revised to 10.00 am; and

(3)       the Programme of Meetings of the Sefton Borough Partnership as set out in Annex A of the report be noted.

Report of the Legal Director

The Cabinet considered the report of the Legal Director which sought the nomination of representatives to attend a Royal Garden Party in July 2010.

It was noted that the Council had been allocated six places, this quota being determined by the population of the Borough.  Nominations had to be submitted by 5 March 2010 and the Lord Chamberlain's Office would not accept under any circumstances applications received after the closing date.

RESOLVED:   That

(1)      the Mayor and Mayor's Consort, Councillor Hough and Partner, and  Councillor D. Jones and Partner be nominated to attend a Royal Garden Party in July 2010; and

(2)      it be noted that the Chair of the Overview an Scrutiny Committee (Performance and Corporate Services) has approved the waiving of the call-in period in accordance with Rule 17 of the Scrutiny Procedure Rules in view of the need to submit the nominations to the Lord Chamberlain's Office by 5 March 2010.

Report of the Legal Director

Further to Minute No. 106 of the meeting of the Cabinet Member - Corporate Services held on 3 March 2010, the Cabinet considered the report of the Legal Director on proposals for the implementation of a Nationality Checking Service in South Sefton for a trial period of six months.

RESOLVED:  

That the fee structure for the service set out in paragraph 9.2 of the report be approved.