Agenda and minutes

No apologies for absence were received.

Decision Made

That the Minutes of the Cabinet meeting held on 13 December 2012 be confirmed as a correct record.

The Cabinet considered the report of the Head of Corporate Finance and ICT which sought approval to the submission of the National Non-Domestic Rates Return 1 for 2013/14 to the Department for Communities and Local Government.  The report also sought approval of the Council Tax Base for the authority for 2013/14 which would be used to calculate the level of Council Tax in Sefton once the Council’s budget for 2013/14 had been determined by the Council on 28 February 2013.

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

Decisions Made:

(1)       approval be given to the submission of the National Non-Domestic Rates Return 1 2013-14 as set out in Annex B of the report to the Department for Communities and Local Government;

(2)       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 2013-14 shall be as follows:

(3)       approval be given to the following payments being made to Parish Councils in 2013/14 to compensate them for the cost of the Council Tax Reduction Scheme:

(4)       It be noted that the Leader of the Council and the Chair of the Overview and Scrutiny Committee (Performance and Corporate Services) had given their consent under Rule 46 of the Overview and Scrutiny Procedure Rules, for the decision to be taken by the Cabinet at its meeting on 31 January 2013 on the Council Tax Base, to be treated as urgent and not subject to “call in”, because legislation requires local authorities to notify the Department for Communities and Local Government and precepting bodies of the Council Tax Base by no later than 31st January 2013. 

Reasons for Decision:

The Council is required to set its Council Tax Bases for 2013/14 and approve its National Non-Domestic Rates Return 1 for submission to the Government by 31 January 2013.

Alternative Options Considered and Rejected:

None.

The Cabinet considered the report of the Strategic Director – People which provided details of the implications of the Welfare Reform Act 2012; how Sefton Council working with key partners can develop a response to Welfare Reform to mitigate where possible any impacts on our communities; and an update on progress so far on looking at the impacts of Welfare Reform.

Members of the Cabinet expressed their concern at the impact of the Welfare Reform changes upon the local community and thanked officers of the Council and partner organisations for their endeavours in mitigating the impact within the limited budgetary resources available.

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

Decisions Made:

(1)       the partnership Action Plan approach be endorsed;

(2)       the progress to date on the themes in the Action Plan be noted;

(3)       that further specific workshops on themes and neighbourhoods be held with partners;

(4)       progress reports be submitted to the Cabinet every six months;

(5)       the real energy and commitment from partners and within the Council to mitigate impact where possible be noted and encouraged; and

(6)       a small reference group comprising of the Cabinet Members – Children, Schools, Families and Leisure; Older People and Health and Communities and Environment be established to oversee the direction of Welfare Reform mitigation.

Reasons for the Recommendation:

(i)         To ensure that the Cabinet is fully aware of the potential impacts of Welfare Reform;

(ii)        To enable the Council to set a clear direction and focus for efforts to mitigate impacts of Welfare Reform; and

(iii)       To put in place any mitigating actions if possible and work with partners to do so.

Alternative Options Considered and Rejected:

The proposed mitigation measures have been developed in partnership with key organisations such as JobCentre Plus, Citizens Advice Bureau, One Vision Housing and the community, voluntary and faith sector.  Various options were suggested through the vibrant and well attended partner workshops and these have been considered for both deliverability and viability.  The options put forward in the Action Plan are considered to be those that can be progressed with a practical outcome.

The Cabinet considered the report of the Strategic Director – People which indicated that the Government had introduced major changes to the welfare environment through the Welfare Reform Act 2012 and that from April 2013, elements of the discretionary Social Fund budget – Community Care Grants and Crisis Loans would be devolved to upper tier authorities who would then be able to determine how the funding was spent.

The report also set out proposals for the utilisation of the two year funding in Sefton.

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

Decisions Made:

(1)       the contents of the report and the options for delivering a Crisis Fund in Sefton, be noted;

(2)       the available grant and the associated expenditure be included in the 2013/14 budget;

(3)       a local scheme be established in accordance with the principles set out in Section 6 of the report;

(4)       approval be given to the utilisation of a proportion of the grant available to establish a number of posts to deal with additional administration and to develop the Voluntary, Community, Faith (VCF) Sector in respect of alternative support; and

(5)       that a reference group comprising of the Strategic Director – People, in consultation with the Cabinet Member – Children, Schools, Families and Leisure, Cabinet Member – Older People and Health and Cabinet Member – Communities and Environment be given delegated authority to allocate £200,000 of the Social Fund to enable resilience and capacity in our communities.

Reasons for Decisions:

To enable the utilisation of the discretionary Social Fund budget – Community Care Grants and Crisis Loans.

Alternative Options Considered and Rejected:

The Council does not have to produce a Crisis Scheme.

The Cabinet considered the report of the Director of Older People on proposals for the Council to enter into a new Section 75 Agreement with Mersey Care NHS Trust for the provision of mental health services in the Borough and continue the partnership arrangement that already exists and was well established for the joint delivery of these services locally.  Re-entering into the agreement would continue to formalise this within legal agreements under the National Health Services Act 2006. The draft agreement was appended to the report as Appendix 1.

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

Decisions Made:

(1)       approval be given to the dissolving of the current agreement; and

(2)       the Director of Older People be authorised in consultation with the Cabinet Member – Older People and Health and subject to the final approval of relevant senior officers within Mersey Care NHS Trust, to enter into a new formal agreement for the joint delivery of Mental Health Services as outlined in the report.

Reasons for Decision:

A new Section 75 Agreement between the Council and Mersey Care NHS Trust would provide an updated agreement that would continue to contribute to the Council’s Vision of partnership working, most particularly through assisting the Council in achieving its Community Priorities.

Alternative Options Considered and Rejected:

None.

The Cabinet considered the report of the Director of Public Health which provided an update on the public health allocation and the transition process being undertaken to prepare the Council for taking on its new statutory duties for public health from April 2013. It sought approval for the extension of contracts that would be included in the statutory transfer scheme from NHS Sefton, subject to approval by the North West Strategic Health Authority, and for the establishment of the public health structure and transfer of staff in substantive posts through the statutory transfer scheme.

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

Decisions Made:

(1)       approval be given to the inclusion of the ring-fenced public health allocation into the 2013/14 and 2014/15 budget;

(2)       the proposed budget profile for 2013/14 be approved;

(3)       approval be given to the submission of a proposal to extend a range of current PCT contracts as outlined in the report and the Head of Corporate Legal Services be authorised to confirm the same to the Strategic Health Authority;

(4)       approval be given to the establishment of the public health structure as outlined in Appendix D of the report;

(5)       approval be given to an application being made for recognition as a training location for the specialist public health training scheme;

(6)       the Head of Corporate Personnel and Director of Corporate Support Services be given delegated authority to make any appropriate arrangements for the transfer of public health employees as required in accordance with the transfer of the public health function which includes, but is not limited to, confirming the Director of Public Health’s appointment and all other employees, at a time deemed appropriate by the Head of Corporate Personnel; and

(7)       the final sign-off of the transfer scheme be delegated to the Cabinet Member - Older People and Health.

Reasons for Decisions:

To enable the Council to take on its new statutory duties for public health from April 2013.

Alternative Options Considered and Rejected:

None.

The Cabinet considered the report of the Director of Built Environment on the provisions of the Home Energy Conservation Act 1995 (HECA) which require all local authorities with a housing obligation to prepare a baseline HECA Plan by 31 March 2013.

The HECA Plan must set out the energy conservation measures and ambitious priorities that the Department for Energy and Climate Change considers practicable, cost-effective and likely to result in a significant reduction in the energy consumption of all tenures of residential accommodation in our communities.

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

Decisions Made:

That approval be given to the submission of the Sefton HECA Plan to the Secretary of State for Energy and Climate Change.

Reasons for Decision:

The Home Energy Conservation Act 1995 (HECA) presents a statutory duty upon the Council to reduce energy consumptions, carbon emissions and reduce fuel poverty.  The first period of HECA reporting ended in 2010.  The Secretary of State issued revised guidance to Energy Conservation Authorities in July 2012 using powers under section 5(1)(b) of the Act, requiring further plans to be drawn up by March 2013.  The further Sefton HECA Plan (2010-2027) meets the requisite policy framework response by setting out long term priorities for Sefton and requires Member Approval.

Alternative Options Considered and Rejected:

None.

The Cabinet considered the report of the Director of Built Environment on the economic, financial and legal feasibility of establishing Business Improvement Districts (BIDs) in Sefton and proposals for further development work being focussed on Southport, as the first tourism/retail Business Improvement District in the Borough.

Decisions Made:

(1)       the appraisal of potential Business Improvement Districts (BIDs) set out in paragraphs 11-13 of the report be accepted;

(2)       that further BID development work be focussed on the Southport Town Centre/Seafront area, as defined in Appendix 3 to the report;

(3)       that in-principle support be given for the development of a BID in Southport;

(4)       the private sector-led Southport BID Development Group be invited to prepare a Business Plan and submit it to the Council in due course;

(5)       approval in-principle be given to the use of part of Sefton’s allocation of £100,000 High Street Innovation Fund for (a) local authority BID start-up costs that cannot be absorbed in any other way by the Council or its contractors, (b) approved development costs of the BID Development Group, and (c) the fixed-term salary and on-costs of a BID Development Officer within the Economy and Tourism Division of the Built Environment Department;

(6)       the Director of the Built Environment be authorised to co-ordinate further research and preparations into a BID for Southport, and a further report with a refined statement of costs to the Cabinet, including a request for High Street Innovation Fund;

(7)       the need for a wider vision and investment prospectus to guide the broader development of Southport be noted; and

(8)       it be noted that the proposal was a Key Decision but had not been included in the Council’s Forward Plan of Key Decisions.  Consequently, the Leader of the Council and the Chair of the Overview and Scrutiny Committee (Regeneration and Environmental Services) had been consulted under Rule 26 of the Access to Information Procedure Rules of the Constitution, to the decision been made as a matter of urgency on the basis that it was impracticable to defer the decision until the commencement of the next Forward Plan, because in February 2013, the Cabinet would be receiving a Business Plan for a Business Improvement District in Southport, and Members must have made a prior assessment of the value and importance of BIDs to Sefton in order to determine the application. This assessment had just been completed and is now available for Members to consider.

Reasons for Decision:

To allow preparations for a Business Improvement District Campaign and ballot to commence.

Alternative Options Considered and Rejected:

Not to proceed with a Business Improvement District.