Agenda and minutes

Apologies for absence were received from Councillor Fairclough.

Members are requested to give notice of any disclosable pecuniary interest, which is not already included in their Register of Members' Interests and the nature of that interest, relating to any item on the agenda in accordance with the Members Code of Conduct, before leaving the meeting room during the discussion on that particular item.

Councillors Hardy and Maher declared an ‘Other Interest’ in Minute No. 114.

Minutes of the meeting held on 31 January 2013

Decision Made:

That the Minutes of the Cabinet meeting held on 31 January 2013 be confirmed as a correct record.

The Chair reported that he had invited Jane Kennedy, the Merseyside Police and Crime Commissioner to attend the meeting to address the Cabinet on the initiatives being taken by the Merseyside Police, the Council and other partner agencies to deal with gun crime issues within the Borough. She was accompanied by Chief Superintendent Nikki Holland (Sefton Divisional Commander), Chief Inspector Chris Platt and Steve McCullum from her Office.

The Commissioner indicated that for the twelve month period ending in January 2012, 15 firearm discharges (guns fired) were made in the Borough and of those, 5 resulted in injuries to other persons; and that for the corresponding period ending in January 2013, 18 firearm discharges were made, with 11 resulting in injuries.

The Sefton Safer Communities Partnership had recently set up a Multi-Agency Response to Guns and Gangs (MARGG), to deal with gun crime issues within the Borough, which was co-chaired by Superintendent Johnson and Steph Prewett from the Council; and arrangements were being made for a Multi-Agency Strategic Hub (MASH) to be set up by 1 April 2013 in St. Peter’s House, Bootle. The MASH would initially take a multi-agency approach to Children’s Services issues but this would be extended to include all multi-agency services in due course.

The Commissioner thanked the Council for its involvement in the multi-agency approach to tackle gun crime and crime in general; and requested the Council to provide the Police with the use of CCTV camera feed in order to enhance the tools available to them to apprehend any offenders. She concluded by giving an assurance that the Police would continue to give a full and strong response to incidents of gun crime within the Borough and across Merseyside.

The Chair thanked the Commissioner and her colleagues for attending the meeting to provide details of the multi-agency approach being taken to gun crime and for the assurances given on the action to be taken in future.

Report of the Strategic Director – Place

Prior to the consideration of the report, the Cabinet will hear representations from the following lead petitioners (maximum of 5 minutes for each petition) who have submitted petitions requesting the Council to keep the following libraries open:

·         Ainsdale – Ms M. Horridge

·         Ainsdale, Birkdale and Churchtown – Councillor Dawson

·         Aintree – Mr W. Honeyman

·         Birkdale – Mrs M. McQueen

·         College Road, Crosby – Councillor Tonkiss

The Cabinet heard representations from the following lead petitioners who had submitted petitions requesting the Council to keep the following libraries open:

·         Ainsdale – Ms M. Horridge

·         Ainsdale, Birkdale and Churchtown – Councillor Dawson

·         Aintree – Mr W. Honeyman

·         Birkdale – Mrs M. McQueen

·         College Road, Crosby – Ms H. Short

·         College Road, Crosby – Councillor Tonkiss

Further to Minutes No. 65 of the meeting held on 11 October 2012, the Cabinet then considered the report of the Strategic Director – Place which provided an update on the Review of Library Services, including the outcomes from the consultation exercise and outlined options for consideration emerging from the review and consultation.

This report was arranged in a number of sections with associated annexes as indicated below:

The Chair referred to the addendum note, setting out various amendments to the content of the report. The Strategic Director reported that the word “Rank” should be added to columns 2 and 5 in the Annex PSED A (page 211), within Annex F of the report

The Chair thanked the Lead Petitioners for attending the meeting to address the Cabinet and indicated that the Council would consider any sustainable and feasible options from voluntary organisations and charitable bodies for the operation of the library service.

Members of the Cabinet raised questions on the following issues referred to in the report and officers responded to the Issues as indicated below:

Report of the Head of Corporate Finance and ICT

The Cabinet considered the report of the Head of Corporate Finance and ICT on the current position in respect of the approved budget savings for 2012/13.

Decision Made:  That

(1)       the progress to date on the achievement of the approved savings for 2012/13 be noted; and

(2)       approval be given to the inclusion of the additional monies received from the Department of Health into the Adult Social Care budget for 2012/13, as set out in paragraph 2.8 of the report.

Reasons for Decision:

To ensure Cabinet are informed of the latest position on the achievement of savings for the current financial year and to facilitate the achievement of the savings targets for 2012/2013.

Alternative Options Considered and Rejected:

None

Report of the Head of Transformation Services and Head of Corporate Finance and ICT

Further to Minute No. 94 of the meeting held on 31 January 2013, the Cabinet considered the report of the Head of Transformation Services and Head of Finance and ICT which provided an update on the outcome of consultation on options previously approved for consultation, set out recommendations on what should now be included in the final two year Budget Plan and identified further new budget options and assumptions for consideration and consultation.

The report also provided an update on the outcome of consultation with residents on a number of options previously approved for consultation on an increase in the Council Tax.  No new options were presented in the report.

The report was arranged in a number of parts with the associated annex as indicated below:

The Chief Executive indicated that the resolutions arising from the report would form the basis of the report to Budget Council meeting on 28 February 2013 which would enable the Council to set its budget and the two year plan.  She requested the Cabinet to take into account amongst other things the consultation and engagement activity to date and the impact and risk associated with each option.

Councillor Hardy referred to the revised operational arrangements for the public conveniences service set out in the report which had been amended as as a result of the outcome of consultation.

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

Decisions Made:  That

Part 1 Background

 (1)      it be noted that figures and phasing in the annex to the report are working assumptions of options to be considered and the figures should not be seen as predetermining any decisions. Some of these options remain subject to consultation, engagement and Public Sector Equality Duty  assessment, and any figures indicated were being used to facilitate outline budgetary forecasting only;

Part 2 Consultation & Engagement

(2)       it be noted that the feedback on Consultation and Engagement set out in Part 2 of the report including the outcomes of the consultation with residents on Council Tax, had been taken into account;

Part 3 Options previously approved for consultation

Public Sector Equality Duty

(3)       it be noted that the detail within the equality analysis report, the consultation feedback and the mitigating actions within each option set out in the report had been taken into account;

Annex A

(4)       the Council be recommended to give approval to the following actions being taken on the options in Annex A of the report and Officers be authorised to prepare for implementation immediately pending final decisions of Council including the issue of relevant statutory and contractual notification, if appropriate to achieve change.

Report of the Head of Corporate Finance and ICT

The Cabinet considered the report of the Head of Corporate Finance and ICT which provided details of the proposed procedures and strategy to be adopted in respect of the Council’s Treasury Management Function in 2013/14.

Decision Made:

That the Council be recommended to give approval to:

(1)       the Treasury Management Policy Document for 2013/14 (Annex A); and

(2)       the Treasurey Management Strategy Document for 2013/14 (Annex B).

Reasons for Decision:

To enable the Council to effectively manage its treasury activities.

Alternative Options considered and Rejected:

None

Report of the Head of Corporate Finance and ICT

The Cabinet considered the report of the Head of Corporate Finance and ICT 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.

Decision Made:

That the Council be recommended to:

(1)       approve the Prudential Indicators as 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)       approve the amendment of relevant Prudential Indicators in the event that any unsupported borrowing is approved as part of the 2013/14 Revenue Budget;

 (3)      note that estimates of capital expenditure referred to in Paragraph 2.2 of the report  may change as grant allocations are received; and

(4)       grant delegated authority to the Head of Corporate Finance & ICT to manage the authorised Limit and Operational Boundary for external debt as detailed in Section 5 of the report.

Reasons for Decision:

To enable the Council to effectively manage its Capital Financing activities, and comply with the CIPFA Prudential Code for Capital Finance in Local Authorities.

Alternative Options Considered and Rejected:

None

Report of the Director of Built Environment

Further to Minute No. 123 of the meeting of the Planning Committee held on 6 February 2013, the Cabinet considered the report of the Director of Built Environment on the results of the recent consultation on the draft supplementary planning document for housing in multiple occupation and flats.

The Cabinet also considered an addendum note produced by the Director of Built Environment on a revised recommendation made by the Planning Committee and a copy of the presentation given by Amanda Brown, (Planning Consultant) to the Planning Committee on 6 February 2013.

The Chair sought assurances that adequate consultation had been undertaken on the draft supplementary planning document and the Director of Built Environment indicated that a 12 week consultation period had been held; officers had considered and replied to the seven responses submitted and met the Private Landlords Forum to discuss the issues set out in the document.

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

Decision Made:

The supplementary planning document be approved subject to the insertion of the following text before table 3 in the document, to provide clarity on where the size standards in the table apply:

“These minimum standards will apply to all self-contained flats whether the development is part of a HMO (Use Classes C4 or Sui Generis HMO) or part of a scheme consisting entirely of self-contained flats (Use Class C3)”.

Reasons for Decision:

To adopt the supplementary planning document for decision making for Planning applications and enforcement purposes.

Alternative Options Considered and Rejected:

None.

Report of the Director of Built Environment

The Cabinet considered the report of the Director of Built Environment on proposals to utilise funding from the Homes and Communities Agency to refurbish existing pitches and to provide new pitches within the existing Gypsy and Traveller site at Red Rose Park, Broad Lane, Formby.

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

Decisions Made:

(1)       the grant offer of £308,020 made under the Homes and Communities Agency’s Gypsy and Traveller Fund be accepted to refurbish the existing pitches and provide four new pitches within the existing site boundary;

(2)       the Director of Built Environment be authorised to invite tenders for a contractor to carry out the works at Red Rose Park as set out in the report, subject to  the necessary planning permission being granted for the works;

(3)       the Director of Built Environment be authorised to secure “Investment Partner” status with the Homes and Communities Agency; and

(4)       the Council be recommended to give approval to the inclusion of the total scheme cost of £323,020 within the Capital Programme in 2013/14 to be funded by grant (£308,020) and a revenue contribution of £15,000, as set out in the report.

Reasons for Decision:

The project to refurbish the existing pitches and provide new pitches at the site is currently not part of the approved Capital Programme.

Alternative Options Considered and Rejected:

The offer of grant could be rejected, and as there is no allocated funding for the purpose, the existing pitches could not be upgraded and no additional capacity can be added to the site. The condition of the existing accommodation is particularly poor and without improvements necessary to address these issues a question would be raised about whether the Council wished to continue providing sub-standard accommodation of this sort. The closure of Red Rose Park would likely to result in an increase in illegal encampments in the borough and leave 16 families without accommodation, most of who have resided at the site for many years.

Report of the Director of Corporate Commissioning

The Cabinet considered the report of the Director of Corporate Commissioning which indicated that the Council had been allocated a grant of £100,000 from the High Street Innovation Fund Initiative (HSIF) and set out proposals for the allocation of the funding to four Town Team Partnerships within the Borough, to support their planned activities to help revitalise the town-centres.

The report also indicated that Crosby, Maghull, Southport and Waterloo had also been awarded funding of £10,000 each from the Government as part of the Portas Pilots initiative.

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

Decisions Made:  That

(1)       the current Town Team Partnerships that exist within Crosby, Maghull, Southport and Waterloo and their agreed activities be noted;

(2)       the grant of £100,000 from the High Street Innovation Fund be allocated as follows:

·         Crosby - £17,000

·         Maghull - £17,000

·         Southport - £49,000

·         Waterloo - £17,000; and

(3)       officers examine the feasibility of utilising unallocated funding to assist other Town Centre / private partners in the Borough to enhance and re-vitalise their town centres; and the details be included in the report on the Capital Programme 2012/13

and Capital Allocations for 2013/14 to be submitted to the next meeting of the Cabinet on 28 February 2013.

Reasons for Decision:

To allow Town Teams to progress with their initatives and for the HSIF to be allocated across the Borough.

Alternative Options Considered and Rejected:

None

Report of the Director of Corporate Support Services

The Cabinet considered the report of the Director of Corporate Support Services on proposals to amend the Council’s Housing Stock Transfer Agreement with One Vision Housing with regard to the Council’s rights to nominate persons to the Board of One Vision Housing.

Decisions Made:  That

(1)       it be noted that as a Board member of One Vision Housing, the Council has the benefit of a 33% shareholding;

(2)       the Council cease to nominate members to the Board of One Vision Housing with immediate effect, subject to One Vision Housing confirming that the Board would exercise their discretion to allow the Council to retain its shareholding;

(3)       the Head of Corporate Legal Services be instructed to complete a Deed of Variation to the Council’s Housing Stock Transfer Agreement upon receipt of confirmation that the rules for One Vision Housing have been amended so as to allow the Council to retain its shareholding;

(4)       that the implications of the shareholding set out in paragraph 1.9 of the report be noted; and

(5)       the Chief Executive be nominated to exercise the rights of the shareholding at shareholders meetings of One Vision Housing, and the Head of Corporate Legal Services be requested to confirm the appointment to the Secretary of One Vision Housing.

Reasons for Decision:

To recognise the evolution of One Vision Housing as a business; and to ensure that One Vision’s governance structures are not adversely affected by certain clauses contained within the Stock Transfer Agreement concluded between the Council and One Vision Housing on 30 October 2006.

Alternative Options Considered and Rejected:

The Council could continue to make nominations from time to time to the Board of One Vision Housing.

Report of the Director of Street Scene

(1)       the results of the OJEU tendering exercise undertaken be noted; and

(2)       the contract be awarded to Uniparts Ltd for a period of 3 years, with an option to extend for a period of 1 year on two occasions.

Reasons for Decision:

To deliver cost savings in relation to the procurement of vehicle parts, oils and lubricants utilised in the maintenance of the Council’s vehicle fleet, and also in the operation of the Council’s stores at Hawthorne Road Depot.

Alternatives Options Considered and Rejected:

The only other option available would be to continue to source vehicle parts using existing suppliers and as such not be able to access the discounted structures available to larger operators.