Agenda and minutes

At the commencement of the meeting the Chairman welcomed representatives of St. Bernadette’s Catholic Primary School Council.

He also welcomed the newly appointed Corporate Director (Regeneration), Heather McManus to her first meeting of Cabinet. 

To receive as a correct record the minutes of Cabinet held on Tuesday, 18^th March, 2008 (previously circulated). 

The Minutes of the meeting held on Tuesday, 18^th March, 2008 were approved 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 no items of Urgent Business.  

To consider any such declarations. 

Councillor Evelyn Archer declared a prejudicial interest as a member of the Poulton Neighbourhood Management Board and Councillor David Kerr declared a personal interest, as an observer at the West End Partnership and also being a member of the Poulton Residents' Association, with regard to Area Based Grant Allocations 2008/09 (Minute 144 refers).  Councillor Roger Mace declared a personal interest with regard to the Auction Mart Car Park in his capacity as Deputy Chairman of the Vision Board (Minute 143 refers). 

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

Report of the Head of Property Services. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

(It was noted that Councillor Roger Mace had previously declared a personal interest in this item). 

The Head of Property Services submitted a report that informed Members of the proposals received to date for the Auction Mart car park and sought direction on how to proceed with the site. 

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

The schemes were outlined as follows:

·         Option 1 – 91 space public car park and 25 space private car park along with 80 one and two bedroomed retirement apartments over 4 floors with 1^st floor amenity space.  Alternatively, they proposed ground floor retail unit with 1^st and 2^nd floor office / leisure space with 131 public car parking spaces.  Proposed access from the north western end of the site.

·         Option 2 – Ground floor 1286m² food retail with 40 dedicated spaces and 225 public car parking spaces provided in a 3 floor multi storey car park above.  Proposed access to the car park to be at the north western end of the site and access to the food supermarket at the southern end of the site.  The developer had identified and been in discussions with an operator for the food supermarket.  The developer has offered 3 separate financial options for the site including (a) the City Council disposing of the freehold in the site; (b) the City Council retains freehold but is responsible for the construction and related costs of the scheme, paying the developer one years income as a fee, but the City Council would gain the supermarket and the car park as an investment; (c) The City Council grant the developer a long lease of the car park but continue to manage the car park, providing the developer with 55.5% of the income from the enlarged car park and the City Council continues to receive a proportion of the income equating to 44.5% of the car park income.

·         Option 3 – 6327m² of health centre and related accommodation over 6 storeys in a V shaped building with a central pedestrian plaza, with 212 car parking spaces on 3 decks below the building with a yet undefined number of spaces required for the medical centre.  The proposed access to the development will be from the north western end of the site.

·         Option 4 – As an alternative version of option 3, the City Council could work with the North Lancashire Teaching Primary Care Trust to identify a developer who could provide a health facility and car park which would meet the needs of both the PCT and potential occupiers and the City Council.

·         Option 5 - The Vision Board and the County Council, as previously mentioned, have jointly commissioned a report with transport consultants Faber Maunsell.  The final report is due in April, but the initial feedback outlined sees the need for a southern interceptor car park which could require up  ...  view the full minutes text for item 143.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of the Corporate Director (Community Services)

(Cabinet Member with Special Responsibility Councillor Roger Mace)

(Councillor Evelyn Archer declared a prejudicial interest in the following item due to her being a member of the Poulton Neighbourhood Management Board and left the meeting.  It was noted that Councillor David Kerr had previously declared a personal interest in this item). 

The Corporate Director (Community Services) submitted a report that sought approval for the allocation of the City Council’s Area Based Grant (ABG) for 2008/09, in particular to provide continuing support for Neighbourhood Management commitments in Poulton and the West End of Morecambe. 

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

Option 1: Use the ABG allocation to continue to fund Neighbourhood Management in Poulton and the West End as outlined in Appendix B.

Option 2: Allocate the ABG for other purposes, and develop an exit strategy for the existing Neighbourhood Management Project.  Realistically, existing commitments could equate to the amount of ABG, but a full analysis would be needed to determine this.

Option 3: To top slice the ABG sufficient to pay any redundancy costs at the end of the Poulton Neighbourhood Management project, to use the ABG to fund existing commitments to Poulton and West End Neighbourhood Management, and to identify the opportunities to use uncommitted ABG to develop options for Neighbourhood Management across the District.

The key risks and opportunities of not using the ABG for continuation of Neighbourhood Management are :

·                     Limited savings potential in 2008/09, as funds are already committed.  This would mean that there may be little left for allocating to alternative initiatives for that year, although it would give greater choice and flexibility for 2009/10 onwards.

·                     Other works in Poulton and West End would be unfinished, and this could have an adverse impact on the perceived success of the projects to date.  There may be reputational risks for the Council in this regard, although this will depend also on the perceived value of the works not completed.

·                     Work to roll out Neighbourhood Management to other parts of the district would not be finished and lessons learned/best practices may not be maximised.

·                     There could be an adverse effect on local communities in Poulton and West End which are now showing signs of cohesion (especially in Poulton).  Funding (either in 2008/09 or future years) would be freed up, however, giving the opportunity to provide or safeguard other services, in either the same or alternative communities.

The preferred officer option was option 3.  This ensured that existing commitments are met with further options for sustaining Neighbourhood Management and for determining the future use of ABG being brought back to Cabinet as part of the further report requested by Cabinet on 18^th March 2008. 

It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -

“(1)   That Cabinet notes that Area Based Grant (ABG) is no longer ring-fenced.  

(2)     That Cabinet approves the allocations for Winning Back Morecambe’s West End in 2008-09 and  ...  view the full minutes text for item 144.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of the Head of Democratic Services. 

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Cabinet considered a report that advised Members of action taken by the Chief Executive, in consultation with the Leader and relevant Cabinet Members. 

Members then voted as follows.

Resolved (6 Members (Councillors Eileen Blamire, Abbott Bryning, John Gilbert, Tony Johnson, Roger Mace and Maia Whitelegg) voted in favour and 1 Member abstained from voting (Councillor Evelyn Archer):

That the action taken by the Chief Executive, in consultation with the Leader, the relevant Cabinet Member and the Chairman of the Overview and Scrutiny Committee in accordance with the Scheme of Delegation, in relation to the following matters, be noted:

(1)     Traffic Management Act 2004 Penalty Charge Notices – Charging Levels

(a)     That the adoption of Band 2 Penalty Charges of the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 as laid down in Statutory Instruments 2007 No 3487 be approved

(b)     That a new Off Street Parking Places Order be made to reflect the requirements of the Traffic Management Act 2004 and the amended penalty charge levels with effect from 31^st March 2008.

(c)     That in order to implement the decision as a matter of urgency it be recommended that the call-in procedure be waived in accordance with Overview & Scrutiny Procedure Rule 17 (a).           

(2)     2008 Maritime Festival

That the organisation of the 2008 Maritime Festival go ahead with funding being found from other budgets.

(3)     Concessionary Travel

(a)          That the City Council notes the national amended concessionary travel scheme which allows free travel between 0930 hours and 2300 hours for people aged 60 and over and people who are disabled and agrees to retain free travel concessions after 2300hrs up to and including the last bus on weekdays on journeys taken within the Lancaster City area.

(b)          That a report be brought back to Cabinet during autumn 2008 on the outcome of the review of Community Transport, in order that recommendations regarding the service can be fed into the 2009/10 budget and planning process.

(c)          That the City Council enters into pooling arrangements for concessionary transport costs with other local authorities within the county, and that the Chief Executive be given delegated authority to agree the detailed arrangements on behalf of the authority, subject to estimated costs being within the budget framework.

(d)          That in order to implement the decision as a matter of urgency it be recommended that the call-in procedure be waived in accordance with Overview and Scrutiny Procedure Rule 17 (a). 

Note:  Councillors Jon Barry and David Kerr were 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:

The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Constitution. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

Report to follow. 

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

The Corporate Director (Finance and Performance) submitted a report that considered the details for the land transactions associated with proposals by Morecambe Football Club (MFC) to redevelop land at Westgate, Morecambe for a new stadium and ancillary facilities.  It was noted that Appendix A to the report was exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972 (as amended). 

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

Option 1 – To approve the completion of a Development Agreement.  This will enable the disposal of land to take place at Westgate to facilitate the construction of a new stadium for MFC, whilst also providing updated facilities for Westgate Wanderers Football Club (WWFC).  The proposals would still be subject to various planning permissions being obtained and whilst this is a risk, it is reflected in the Development Agreement so that if permission is not obtained the Westgate land would remain with the City Council.  In addition there remains the need to receive written confirmation of the proposals from the National Playing Field Association. This option does however potentially secure the futures of both Morecambe FC and Westgate Wanderers, and would result in a capital receipt to the Council.

Option 2 – do nothing.  This would result in MFC remaining in their current facilities at Christie Park and the reduction of benefits to the local community. As in option 1, this would leave the Council with the potential for a future capital receipt, but in the meantime, Westgate Wanderers would be unaffected and the Council’s rental income would remain.

The preferred officer option was option 1 as this would give the opportunity to improve the futures of both Morecambe FC and Westgate Wanderers whilst also providing the Council with a capital receipt. 

It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -

“(1)   Cabinet recognises that decisions about the financing of the Club, its location, and all other aspects of the future of the Club are the responsibility of the Club and are in some respects the responsibility of the Club in conjunction with the Christie trustees. 

(2)     Cabinet does not seek to influence the decisions of the Club or Christie trustees but confirms its decision at Cabinet on 24^th July, 2007, including the requirement that an area of public open space be incorporated into the scheme at Westgate. 

(3)     Cabinet notes the intention of the Christie trustees to apply to the High Court and (a) subject to the approval of the High Court to the transactions that are proposed to be entered into by the Christie trustees, and (b) subject also to the confirmation by the National Playing Fields Association of the proposals for the relocation of Westgate Wanderers, Cabinet agrees to recommendations (4), (5) and (6) below. 

(4)     As Officer recommendation (1) on the supplementary agenda, as follows: 

That approval is given to  ...  view the full minutes text for item 146.