Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 4^th September 2007 (previously circulated). 

The Minutes of the Cabinet meeting held on Tuesday, 4^th September 2007 were signed by the Chairman as a correct record. 

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

The Chairman advised that there were 2 items of urgent business regarding Cabinet Appointments to the LSP and a referral report from Overview and Scrutiny regarding the Capital Programme – Receipts report, which he had authorised (Minutes 52 and 58 refer).  He also informed of supplementary documentation that had been published prior to the meeting, including a public version of the Capital Programme –-Receipts report. 

The Chairman also informed that, in view of requests to speak at the meeting and the number of members of the public in attendance, the item with regard to Capital Programme – Receipts, including consideration of land at Scotforth, Lawson’s Bridge, would be considered after the referral report of Overview and Scrutiny.   

To consider any such declarations. 

There were no interests declared at this point. 

To consider any such requests received in accordance with the approved procedure.  

Members were advised that there had been 3 requests by members of the public to speak at the meeting in accordance with Cabinet’s agreed procedure, set out in Cabinet Procedure Rule 2.7. 

The Chairman advised that he had also agreed to 2 Ward Members speaking at the meeting upon the report regarding the Capital Programme - Receipts in accordance with Cabinet’s agreed procedure, set out in Cabinet Procedure Rule 2.6. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

In accordance with Section 100B (4) of the Local Government Act 1972, the Chairman agreed to consider the report as urgent business as there was a need for a decision at this meeting of Cabinet in relation to the Capital Programme – Receipts report. 

The Head of Democratic Services submitted a report that requested deferment of the Capital Programme – Receipts report.  The report advised that at the Overview and Scrutiny Committee meeting, held on 3^rd October 2007, the Chairman had agreed to accept an item of urgent business.  This was with regard to Cabinet Agenda Item 12 - Capital Programme - Receipts.  Whilst it was recognised that this was an exempt item and it was not appropriate to discuss this in any detail, concerns of a procedural nature were raised.  The report contained Officer comments with regard to this issue.  Following consideration of the item the Overview and Scrutiny Committee resolved: -

“That Cabinet be asked to defer consideration of the Capital Programme Receipts report to enable predecision scrutiny to take place and that as much of the report be made publicly available in the spirit of open government.” 

Following consideration of the report it was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -

“That the Capital Programme – Receipts report be considered at the meeting and that the item be considered in the public part of the meeting.” 

Members then voted as follows. 

Resolved:

(8 Members (Councillors Archer, Ashworth, Blamire, Bryning, Gilbert, Histed, Kerr and Mace) voted in favour and 2 Members (Councillors Barry and Whitelegg) voted against):

(1)     That the Capital Programme – Receipts report be considered at the meeting and that the item be considered in the public part of the meeting. 

Officers responsible for effecting the decision:

Chief Executive. 

Corporate Director (Regeneration). 

Reason for making the decision:

The decision enables Cabinet to consider the item of business at the meeting.  Deferment would have resulted in Cabinet receiving partial information in relation to the overall capital receipts position.  The capital receipts position is an essential part of the Budget and Policy Framework and having to wait another cycle to deal with significant capital receipt decisions would disrupt the budget process.  Any delays in considering the capital receipts could cause delays in delivering the Capital Programme as schemes are not allowed to proceed without resources being in place.  It is also the case that the activity in relation to adjacent sites to the Council's, and interest and pressure from developers meant that consideration at this Cabinet is timely and any delay could potentially be prejudicial to the Council's interests.  In dealing with the Council's responsibilities for its assets, particularly with the pressures described above, it was considered the best course of action in accordance with Council procedures was to produce the required public notice and bring the report to Cabinet. 

A supplementary public report had been published, at the request of Cabinet Members,  ...  view the full minutes text for item 52.

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

Report of Corporate Director (Regeneration)

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

(Mr. T. Hamilton-Cox, Mr. M. Hardy and Mrs. S. Jackson, who had registered to speak on this item in accordance with the City Council’s agreed procedure, spoke on this item in accordance with Cabinet Procedure Rule 2.7.  Councillors Fletcher and Heath, in their capacities as Ward Councillors, spoke upon this item in accordance with Cabinet Procedure Rule 2.6). 

The Corporate Director (Regeneration) submitted a report that gave consideration to the current position of the required major receipts and requested determination of the course of action in relation to the three significant potential receipts that have the ability to support the Capital Programme.  

The options, options analysis, including risk assessment, were set out in the report as follows: 

Land at Heysham Mossgate:

Option 1 – Accept the current offer from the developer.  Although the phasing of the payment would require a review of work phasing and cash flow to support the capital programme there is no alternative offer to develop at this stage.

Option 2 – Refuse the current offer and seek to re-market the site at some time in the future.  This option would mean a major review of capital works in the programme that are funded by receipts and would have no certainty of achieving a higher sum when tendered again.

Land at Scotforth:

Option 1 – Offer the Council’s land for sale by way of a Development Agreement for the development of a food store.  Development of the site, should Cabinet agree to a disposal, would be subject to a satisfactory planning approval being achieved.  This option would enable the demand for such a facility to be met and would enable the Council to receive a capital receipt for land that currently has no alternative, operational use for the Council.  This option would involve the loss of a small annual income.

Option 2 would be to offer the land for sale by private treaty for the development of a food store. Whilst still enabling the demand to be met as in option 1, the Council would not be in a position to exert any control over the form of the development, except through the planning process.  This option would also involve the loss of a small annual income.  Development of the site, should Cabinet agree to a disposal, would be subject to a satisfactory planning approval being achieved.

Option 3 - Do nothing. This option would not offer the Council an opportunity to obtain a capital receipt for land that currently has no operational use. In addition, because of the demand for such a food store facility, it is inevitable that the adjoining land owner would put forward similar proposals and, therefore, be in a position to receive the capital receipt. The Council’s land would remain for small scale grazing in the immediate future.

Land and interests at Nightingale Hall Farm:

Option 1 – To continue with the negotiations aimed at achieving a significant receipt, subject to Cabinet  ...  view the full minutes text for item 53.

(Cabinet Member with Special Responsibility Councillor Jon Barry)

The Head of Democratic Services submitted a report that requested consideration of a request from the Morecambe and District Branch of The Burma Star Association to place plaques on two gates at the Garden of Remembrance, Morecambe. 

The options, options analysis, including risk assessment, were set out in the report as follows: 

Option 1 is to agree to the request submitted by The Burma Star Association, which would be at no cost to the City Council.  Cabinet must give consideration to the fact that should they approve this request, it may set a precedent for other organisations to submit similar requests.  There must also be an acceptance that the addition of the plaques may give the impression that it is set aside only for those who are connected in some way to The Burma Star Association. 

Option 2 would be to decline the request, but to advise The Burma Star Association that there is no objection to the Memorial Garden being informally known as the Burma Star Gardens. 

Option 3 would be to take no action at this stage but to undertake a process of further consultation to determine the strength of feeling for the addition of the name plaques. 

Option 4 would be to decline the request from The Burma Star Association, as the Council wishes the name to remain as the Garden of Remembrance.  It is nationally recognised that Gardens of Remembrance are, without discrimination, for all those who have lost their lives in conflict.  Declining the request would allow all areas of the Memorial Gardens at Morecambe to remain a place for all those who have perished in conflict to be remembered by their friends and family in quiet contemplation, now and in the future. 

The preferred officer option was option 4. 

It was moved by Councillor Jon Barry and seconded by Councillor Maia Whitelegg: -

“That option 4, as set out in the report, be approved.” 

By way of amendment, which was accepted by the mover and seconder of the original proposition as a friendly amendment, it was moved by Councillor June Ashworth and seconded by Councillor Roger Mace: -

“That The Burma Star Association be thanked for the benches that have been donated and everything else that they have done in support of the Garden of Remembrance.” 

Members then voted upon the proposition, as amended, as follows.

Resolved Unanimously:

(1)        That Cabinet declines the request from The Burma Star Association, as the Council wishes the name to remain as the Garden of Remembrance. 

(2)        That The Burma Star Association be thanked for the benches that have been donated and everything else that they have done in support of the Garden of Remembrance. 

Note:  Councillor David Kerr was not in attendance when the vote was taken. 

Officers responsible for effecting the decision:

Chief Executive.

Head of Democratic Services. 

Reason for making the decision:

It is nationally recognised that Gardens of Remembrance are,  ...  view the full minutes text for item 54.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Joint report of the Corporate Director (Finance and Performance) and Head of Financial Services 

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Note:  Councillor David Kerr returned to the meeting. 

The Corporate Director (Finance and Performance) and Head of Financial Services submitted a joint report in order to gain Cabinet’s initial recommendations on draft capital investment principles for the period from 2008/09 onwards, in order that they can inform the development of the five-year Capital Programme. 

The options, options analysis, including risk assessment, were set out in the report as follows: 

With regard to future years’ investment principles, options were: 

–              to approve retention of existing capital investment criteria, as set out in Appendix A to the report, or

–              to determine alternative proposals.

In considering any alternative proposals, Cabinet would need to have regard to their proposed corporate priorities and the principles of the Prudential Code, namely prudence, affordability and sustainability.  Risks would depend very much on the nature of any alternatives put forward.

It was moved by Councillor Roger Mace and seconded by Councillor John Gilbert: -

“That the recommendations, as circulated at the meeting, be approved.” 

Resolved Unanimously:

(1)     That Cabinet makes the following recommendations regarding its proposed capital investment criteria for the five year period from 2008/09 onwards, and that these form the initial basis on which the Capital Programme is developed: 

Capital Investment Strategy 2008 to 2013

It is imperative that the investment of capital resources contributes clearly to the achievement of the authority’s 6 medium term objectives and their related priorities and targets, and that such investment represents real value for money for people in the district. 

Proposal for Capital Investment Priorities

In line with the Council’s core values, priorities and associated targets, capital investment for the period (currently to 2013) will be focused into delivering the Council’s 6 medium term objectives as set out below :-

1.To deliver customer focused services that provide value for money

2.To make our district a cleaner and healthier place

3.To reduce crime and the fear of crime

4.To lead the regeneration of our district

5.To support sustainable communities

6.To develop a local response to the prospect of climate change

In determining priorities where funding is limited, then preference will be given to those schemes that contribute to delivering the council agreed high priorities as set out below :-

·         Advancement of Access to Services improvements - specifically IT or accommodation investment needs relating to home working /hot desking, or other schemes in connection with the wider Accommodation review.

·         Delivering improvements for Cleaner Streets and the Public Realm

·         Developing further the district’s cycling infrastructure

·         Delivering the Council’s Economic Vision as set out in the Economic Strategy

·         Delivering improvements to Neighbourhood Management

·         Completion of the phased implementation of the Recycling and Waste Management Strategy

·         Progressing the priorities within the Council’s agreed Housing Strategy and in particular, in meeting the ‘Lancaster’ Standard in the provision of Council Housing, in line with the 30-Year Business Plan.

·         Delivering schemes that support  ...  view the full minutes text for item 55.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of Corporate Director (Finance and Performance)

(Cabinet Member with Special Responsibility Councillor Roger Mace)

The Corporate Director (Finance and Performance) submitted a report that updated Members on the Star Chamber meetings held since the last report to Cabinet of 4^th September 2007. 

It was moved by Councillor Roger Mace and seconded by Councillor Evelyn Archer: -

“That the recommendations, as set out in the report, be approved, subject to the inclusion of Councillor Archer’s name being included in the list of attendees for the Star Chamber meeting held on 19^th September 2007.” 

Resolved Unanimously:

(1)     That the report be noted and that Councillor Archer’s name be included in the list of attendees for the Star Chamber meeting held on 19^th September 2007. 

Officer responsible for effecting the decision:

Corporate Director (Finance and Performance). 

Reason for making the decision:

The decision notes the issues considered at the most recent meetings of the Star Chamber. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

Report of the Head of Planning Services

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

The Head of Planning Services submitted a report that sought approval to accept the offer of  a £110,000 grant from DEFRA for a pilot scheme to provide grants for Flood Resilience Measures to properties at Sunderland Point and to put in place measures to administer it. 

The options, options analysis, including risk assessment, were set out in the report as follows: 

Option A

To accept the offer of funding and engage with the community to devise a grant scheme for Property Flood Resilience measures at Sunderland Point. 

Risks

i.       The offer from DEFRA requires all the expenditure to be incurred and claimed for within this financial year

ii.       Complications may arise as Sunderland Point is in a Conservation Area and some of the properties are listed.

Option B

To decline the offer of external funding and not deliver the project.

Risks

Declining the offer may damage the reputation of the Council as it is one of only six such schemes offered funding and press releases have been made by DEFRA of the chosen locations.

Option A was the preferred option with further lobbying of DEFRA for a more flexible timetable. 

It was moved by Councillor Evelyn Archer and seconded by Councillor June Ashworth: -

“That the recommendations, as set out in the report, be approved.” 

Resolved Unanimously:

(1)  That the offer from DEFRA of £110,000 to facilitate grants for Flood Resilience to properties at Sunderland Point be accepted.

(i)                  That members agree to the City Council entering an agreement with DEFRA to deliver and report on the Flood Resilience measures at Sunderland Point.

(ii)                That delegated authority be given to the Head of Planning Services to approve the allocation of grants to the specified limit to property owners or groups of owners with proposals meeting the acceptance criteria. 

(iii)               That the Head of Financial Services is authorised to update the General Fund Revenue Budget and Capital Programme in 2007/08, subject to there being a nil impact on the Council’s resources. 

Officers responsible for effecting the decision:

Corporate Director (Regeneration). 

Head of Financial Services. 

Head of Planning Services. 

Reason for making the decision:

Acceptance of the offer will provide much needed assistance to a community, which is increasingly vulnerable to tidal and storm flooding and which is not eligible or suitable for more normal flood alleviation solutions. 

(Cabinet Member with Special Responsibility Councillor Roger Mace)

In accordance with Section 100B (4) of the Local Government Act 1972, the Chairman agreed to consider the report as urgent business as there was a need for a decision prior to the next meeting of Cabinet. 

The Chief Executive submitted a report, which was circulated at the meeting, which gave consideration to Cabinet appointments to the LSP Executive, LSP Sustainability Partnership and on LSP Equality and Diversity Building Block. 

The options, options analysis, including risk assessment, were set out in the report as follows: 

Option 1.  That Cabinet appoint an alternative Cabinet Member as Cabinet’s representative on:

LSP Executive (Councillor Mace)

LSP Sustainability Partnership (any Cabinet Member)

LSP Equality & Diversity Building Block (any Cabinet Member) 

Option 2.  That Cabinet considers other proposals and asks Council to reconsider the basis on which these appointments are made. 

There was no Officer preferred option.  However, Cabinet appointments to the various LSP Groups would be in accordance with the previous request of Council and representation on Outside Bodies and Partnerships is part of the City Council’s community leadership role. 

It was moved by Councillor Val Histed and seconded by Councillor June Ashworth: -

“That Councillor Roger Mace be the Cabinet Member representative on the Lancaster Local Strategic Partnership Executive.” 

It was then moved by Councillor Val Histed and seconded by Councillor June Ashworth:-

“That Councillor Roger Mace be the Cabinet Member representative on the LSP Equality and Diversity Building Block.” 

It was moved by Councillor Jon Barry and seconded by Councillor David Kerr: -

“That Councillor June Ashworth be the Cabinet Member representative on the LSP Sustainability Partnership.” 

Members then voted on the propositions as follows.

Resolved Unanimously:

(1)  That Cabinet Member representation to the LSP Executive, LSP Sustainability Partnership and LSP Equality and Diversity Building Block be as follows.

Officers responsible for effecting the decision:

Chief Executive.  

Head of Democratic Services. 

Reason for making the decision:

Cabinet appointments to the various LSP Groups is in accordance with the previous request of Council and representation on Outside Bodies and Partnerships is part of the City Council’s community leadership role. 

Cabinet is recommended to pass the following recommendation in relation to the following items:-

“That, in accordance with 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 they could involve the possible disclosure of exempt information as defined in paragraphs 1 and 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following items have been marked as exempt, it is for the Council itself to decide whether or not to consider these in private or in public.  In making the decision, Members should consider the relevant paragraphs of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals or the Council itself in having access to information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

The Chairman asked for any further declarations of interest from Cabinet Members regarding the exempt report.  No further declarations were made at this point. 

It was moved by Councillor David Kerr and seconded by Councillor Jon Barry: -

“That, in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the ground that it could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12A of that Act.” 

Members then voted as follows.

Resolved unanimously:

(1)        That, in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the ground that it could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12A of that Act. 

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of the Chief Executive to follow

(Cabinet Member with Special Responsibility Councillor Roger Mace)

The Chief Executive submitted a report that requested Cabinet to consider potential savings within the Employee Establishment following the pending vacancy of post TC0001. 

The options, options analysis, including risk assessment and preferred option, were set out in the report for Members’ consideration. 

It was moved by Councillor Val Histed and seconded by Councillor Roger Mace: -

“That the post of TC0001 be advertised internally in the first instance and then externally if no suitable candidate is found.” 

By way of amendment it was moved by Councillor Jon Barry and seconded by Councillor John Gilbert: -

“That option 1, contained within the report, be approved, with the addition of the words “after the filling of this post the Chief Executive be asked to report to Cabinet on ways to reduce the Council’s establishment by 1 Principal Officer post.”” 

Upon being put to the vote 8 Members (Councillors Archer, Ashworth, Barry, Blamire, Bryning, Gilbert, Kerr and Whitelegg) voted in favour and 2 Members (Councillors Histed and Mace) abstained from voting, whereupon the Chairman declared the amendment carried. 

Members then voted upon the substantive motion as follows. 

Resolved (8 Members (Councillors Archer, Ashworth, Barry, Blamire, Bryning, Gilbert, Kerr and Whitelegg) voted in favour and 2 Members (Councillors Histed and Mace) abstained from voting):

(1)     That Cabinet continues to provide the funding for the Council’s Establishment, which will enable the resolution of Personnel Committee, including both internal and external advertising to take place to be implemented, and that after the filling of this post the Chief Executive be asked to report to Cabinet on ways to reduce the Council’s establishment by 1 Principal Officer post. 

Officers responsible for effecting the decision:

Chief Executive. 

Head of Legal and Human Resources. 

Reason for making the decision:

To continue to provide the funding for the Council’s Establishment would enable the resolution of Personnel Committee, including both internal and external advertising to take place, to be implemented.  This decision enables the capacity required to implement the Council’s Corporate Plan to be retained and the external market to be tested.  The decision also enables a subsequent report to Cabinet on ways to reduce the Council’s establishment by 1 Principal Officer post along with work programme implications.