Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 3^rd June, 2008 (previously circulated). 

The Minutes of the meeting held on 3^rd June 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 was one item of Urgent Business regarding the Call-in by the Overview and Scrutiny Committee of the item previously considered by Cabinet regarding Community Cohesion (Minute 19 refers).

To consider any such declarations. 

Councillors Susie Charles and John Gilbert declared a personal and prejudicial interest with regard to that part of the report on the Homelessness Strategy that referred to the Citizens Advice Bureau (CAB) as members of the CAB (Minute 25 refers).

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

Members were advised that there had been two requests to speak by a member of the public at the meeting in accordance with Cabinet’s agreed procedure, set out in Cabinet Procedure Rule 2.7 with regard to Lancaster Science Park and Land at Scotforth Road (Minutes 21 and 29 refer).

(Cabinet Members with Special Responsibility Councillors John Gilbert and 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 Head of Democratic Services submitted a report requesting Cabinet to consider the referral from the Overview and Scrutiny Committee as a result of the Call-in of Cabinet’s decision with regard to Community Cohesion (Minute 12).

The options were set out in the report as follows:

1.                  Reaffirm the decision of Cabinet on 3^rd June 2008. (The original report to Cabinet on Community Cohesion with appendices and relevant minute was attached to the report.)

2.                  Accept the recommendations either wholly or in part made by the Overview and Scrutiny Committee at the Call-in on 25^th June 2008, and make resolutions in line with those recommendations.

3.                  Decide to spend the Area Based Grant (ABG) in some other way or defer consideration to a later meeting.

The report contained Officer comments regarding the recommendations of the Overview and Scrutiny Committee.

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

“That recommendation 1, as set out in the report, be approved; that the items in recommendation 2 be noted and that Cabinet reconsiders the way the ABG be spent in November 2008, by which time the Local Strategic Partnership (LSP) should have options ready for consideration.” 

Members then voted as follows.

Resolved Unanimously:

(1)   That Cabinet does not appoint a Community Cohesion officer at the present time.

(2)   That recommendation 2 of the Overview and Scrutiny Committee:

“That Cabinet considers alternative ways of achieving the aims of the Corporate Plan on cohesive communities, including working with the universities.  Overview and Scrutiny draws the attention of Cabinet to priority outcome 16 and highlights that:

·         The Community Cohesion Strategy could be achieved through working with the LSP and voluntary sector.  A future programme of spending on Community Cohesion should be based upon this strategy.

·         Area Based Grant (ABG) money could be used to implement the Children and Young People Strategic Plan.

·         Area Based Grant money could be used to achieve the aim of a civic programme that celebrates our heritage and benefits our communities.”

be noted.

(3)        That Cabinet reconsiders the way the ABG be spent in November 2008, by which time the Local Strategic Partnership (LSP) should have options ready for consideration. 

Officers responsible for effecting the decision:

Chief Executive.

Head of Democratic Services.

Reason for making the decision:

The decision was made in line with recommendation 1 of the Overview and Scrutiny Committee and in recognition of the need to consider how ABG for community cohesion will be allocated. The ABG can be spent according to City Council priorities and each of the issues identified in recommendation 2 are included in this years Corporate Plan Priority Outcome 16 “work to maintain a cohesive community where  ...  view the full minutes text for item 19.

(Cabinet Member with Special Responsibility Councillor Suzie Charles)

Report of Overview and Scrutiny Committee.

(Cabinet Member with Special Responsibility Councillor Susie Charles)

(Councillor Tina Clifford, in her capacity as Chairman of the Canals Task Group, was allowed to speak upon the item in accordance with Cabinet Procedure Rule 2.6)

Cabinet considered a report of the findings of the Canals Task Group, seeking the agreement of Cabinet to the recommendations set out in the report.

The report made it clear that, if Cabinet approved the recommendations, each one would be scoped and developed further with all relevant services consulted as to what could realistically be achieved with the resources available. A number of recommendations would require further reports on options for implementation and the identification of potential funding.

Cabinet considered the Officer comments on the Task Group recommendations, which were set out in a covering report. With regard to recommendation 1a, asking Council to adopt a definition of a community asset, it was noted that the Authority already had a definition in use, which the Task Group had not been aware of at the time of writing its report.

It was moved by Councillor Roger Mace and seconded by Councillor Abbott Bryning:-

“(1)      That, regarding recommendation 1a, the Council retains its existing definition of a community asset.

(2)        That all other recommendations set out in the report, as far as they are capable of being taken forward within the current budget, be approved, including using existing links with the British Resorts and Destinations Association (BRADA) to pursue recommendation 4.

(3)        That a report be brought to a future meeting identifying possible funding for other recommendations within the Canals Task Group report.”

Members then voted as follows:-

Resolved Unanimously:

(1)        That, regarding recommendation 1a, the Council retains its existing definition of a community asset.

(2)               That all other recommendations set out in the report, as far as they are capable of being taken forward within the current budget, be approved, including using existing links with the British Resorts and Destinations Association (BRADA) to pursue recommendation 4.

(3)               That a report be brought to a future meeting identifying possible funding for other recommendations within the Canals Task Group report.

Officers responsible for effecting the decision:

Corporate Director (Community Services)

Corporate Director (Finance and Performance).

Head of Democratic Services

Head of Cultural Services

Head of Economic Development and Tourism

Head of Planning Services

Head of City Council (Direct) Services

Reason for making the decision:

The decision was taken in line with the findings and recommendations of the Overview and Scrutiny Canals Task Group.

(Cabinet Member with Special Responsibility Councillor Abbott Bryning)

Report to follow.

(Cabinet Member with Special Responsibility Councillor Abbott Bryning)

(Mr T Hamilton-Cox, who had registered to speak on this item in accordance with the City Council’s agreed procedure and Cabinet Procedure Rule 2.7, spoke to this item)

The Head of Economic Development & Tourism submitted a report that advised of progress with project development work for Lancaster Science Park and requested confirmation that the Council should lead the next stages of project development, including the submission of outline planning application and recruitment of a development partner.

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

Options and Options Analysis (including risk assessment)

The Officer preferred option was Option 2. 

It was moved by Councillor Abbott Bryning and seconded by Councillor Shirley Burns:-

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

Members then voted as follows.

Resolved:

(6 Members (Councillors Blamire, Bryning, Burns, Charles, Gilbert and Mace voted in favour, 2 Members (Councillors Barry and Fletcher) voted against and 2 Members (Councillors Archer and Kerr) abstained):

(1)     That, subject to release of sufficient project development funding from the NWDA, the Corporate Director (Regeneration) be authorised to proceed with the next phases of project development, including the recruitment of a development partner on the basis outlined in the report, and commissioning of relevant specialist consultancy support.

(2)     That a further report be made back to Cabinet on the outcome of the  ...  view the full minutes text for item 21.

(Cabinet Members with Special Responsibility Councillors Evelyn Archer and Abbott Bryning)

Report of Corporate Director (Regeneration).

(Cabinet Members with Special Responsibility Councillors Evelyn Archer and Abbott Bryning)

The Corporate Director (Regeneration) submitted a report providing an update on both the management arrangements and key projects within the Lancaster District Economic Vision.  It provided background to the strategic context for the Vision and funding arrangements, including the potential for regeneration funds to be delegated to the Council. The report recommended the means by which the Council might manage the development of the Vision projects and also proposed the means by which the range of projects within the Vision might be reviewed and adapted over time.

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

The Officer preferred option was option 2. This approach offered many benefits in terms of strategic programme management and ensuring that local priorities were fully recognised.  In terms of risk, the Council had robust systems in place to identify and manage risks at both project and programme level.  There was no additional  ...  view the full minutes text for item 22.

(Cabinet Member with Special Responsibility Councillor Jon Barry)

Report of Head of City Council (Direct) Services.

(Cabinet Member with Special Responsibility Councillor Jon Barry)

The Head of City Council (Direct) Services submitted a report that informed members of the implications of adopting the revised waste strategy ‘Rubbish to Resources’ for Lancashire 2008 to 2020 and requested a decision on the course of action regarding adoption of the strategy.

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

The Officer preferred option was that Cabinet agree to adopt the Strategy in principle and that the decision to adopt the Strategy, once the final version had been published, be delegated to the appropriate Cabinet member.

It was proposed by Councillor Jon Barry and seconded by Councillor Evelyn Archer:-

“(1)      That the recommendations, as set out in the report, be approved, with the addition that recommendation 1 is approved in principle, subject to financial capacity.

(2)        That Cabinet receives a report on the Middleton Recycling and Re-use Plant.”

Members then voted as follows.

Resolved Unanimously:

(1)       That Cabinet adopt in principle, subject to financial capacity, the New Waste Management Strategy ‘Rubbish to Resources’ for Lancashire 2008 to 2020.

(2)               The Cabinet delegate the final adoption of the Strategy to the appropriate Cabinet Member, and subject to the budget framework being updated accordingly.

(3)               That a further report providing options for the implementation of the Strategy and its impact on the Medium Term Financial Strategy (MTFS) will be presented to Cabinet in September 2008.

(4)               That Cabinet receives a further report on the Middleton Recycling and Re-use Plant.

Note: Councillor John Gilbert was not present when the vote was taken.

Officers responsible for effecting the decision:

Corporate Director (Community Services).

Head of  ...  view the full minutes text for item 23.

(Cabinet Member with Special Responsibility Councillor David Kerr)

Report to follow.

(Cabinet Member with Special Responsibility Councillor David Kerr)

The Corporate Director (Community Services) submitted a report seeking the approval of Cabinet for the allocation of the Regional Housing Board funding between the Winning Back Morecambe’s West End, Poulton Renewal Area and Disabled Facilities Grants (DFG).

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

To continue with the Council’s commitment to providing Disabled Facilities Grants it was suggested that in 2008/09 £323,333 (mandatory) and £39,667 (discretionary) grant be ‘top-sliced’ from the Regional Housing Board allocation.  The remaining £918,000 to be split between Winning Back Morecambe’s West End and the Poulton Renewal Area.  In future years, the discretionary element of the DFG’s would cease to be provided from this source.

The Officer preferred option was Option 3.

It was moved by Councillor David Kerr and seconded by Councillor Shirley Burns:-

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

Members then voted as follows.

Resolved Unanimously:

(1)        That Option 3 and the Disabled Facilities Grant funding from the capital allocation of the Regional Housing Board be approved, and that the Capital Programme be updated accordingly.

Officers responsible for effecting the decision:

Corporate Director (Community Services).

Head of Health and Strategic Housing.

Head of Financial Services

Reason for making the decision:

The decision is consistent with previous Cabinet decisions and will continue to support the Winning Back Morecambe’s West End, Poulton Renewal Area and Disabled Facilities Grants.

(Cabinet Member with Special Responsibility Councillor John Gilbert)

Report to follow.

(Cabinet Member with Special Responsibility Councillor John Gilbert)

The Corporate Director (Community Services) submitted a report requesting Members to approve the Homelessness Strategy 2008 – 2013, which was provided as an appendix to the report. The report provided details of the consultation undertaken as part of the development of the strategy.

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

Cabinet could approve the Strategy recommended by the Steering Group.

This would allow the Council to meet the requirement to produce a Strategy by the end of July 2008 and implementation could commence.  CAB would be free to tender for advice and support services.

Cabinet could approve the Strategy subject to one or both of the following:

1.      Add commissioning specialist housing advice

2.      Delete the reference to free food for people in tenancies (so the current practice of free food for both the homeless and those in tenancies would remain)

or

Revert to the original Steering Group proposal that no free food at all should be on offer from those with Service Level Agreements

This would allow the Council to meet the requirement to produce a Strategy by July 2008 and implementation could commence.

Commissioning specialist housing advice - the action plan includes tendering contracts for Service Level Agreements (SLAs) with voluntary organisations: the total budget for such SLAs is £85,600 in 2008/9 (this does not include the funding for Portland St which comes from a separate and time limited stream of funding, though administered through an SLA with YMCA). There is no planned provision for increasing the SLA budget.

If specialist housing advice was to be commissioned, as proposed by CAB, then this will have to be addressed within the tendering exercise.  As noted above, the implication is for either a reduction in other aspects of the service, or an increase in costs. The following points should be noted:

·         The specialist housing advice that CAB propose providing is already provided by them to those on low enough incomes to qualify for Legal Aid. CAB receive funding from the Legal Services Commission (LSC) to provide this service.

·         Those on slightly higher incomes are ruled out by the LSC.

·         CAB see this specialist advice as particularly assisting those struggling with mortgage arrears.

·         Less money would be available for the provision of general housing advice and support services through other SLAs – the current SLA contracts cover services such as  helping people access private sector accommodation which prevents homelessness.

·         There are also no other local organisations that could compete for the specialist work that CAB propose.

Free food - the reference to free food for those in tenancies could be deleted. The following points should be noted:

·         Council Housing Services are experiencing problems with tenants housed from Homeless Action Service’s Edward St centre when the link with the centre is maintained. This causes problems for neighbours, particularly in sheltered schemes, or when the tenant is vulnerable and unable to control the behaviour  ...  view the full minutes text for item 25.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report to follow.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

The Chief Executive submitted a report presenting a review of Employee and Elected Member permits and charges.

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

Option 1 was to approve the principle of an increase with a stepped increase over a number of years to reduce the gap with the full cost of the permit.  This will give employees more time to adjust to the new arrangements and to find alternative methods of travel. It is likely to result in a reduction of permits sold to staff over time but whether there would be any effect on traffic congestion and carbon emissions depends on how those staff eventually decide to travel to work.

Option 2 was to provide an option as recommended by the JCC which would reduce employee and Elected Member permits from seven day a week use to a five day a week permit. Officers propose that this should be at the current staff permit cost.  In most cases, this would involve a reduction to Monday to Friday use but would allow for use by staff who are required, for example, to work weekends as part of their 5 day working pattern.  This could be combined with limiting the use of the permit to the permit holder only.  Together this would reduce the maximum potential car parking usage by a significant amount but avoid the stepped increase set out in option 1.

A sub-option 2a would be in line with the JCC recommendation 4, to charge part time staff on a pro rata basis (number of hours worked per week divided by 37, and multiplied by the permit charge).  The permit would then be valid only for use during their working hours. It is anticipated that such an arrangement could be difficult to enforce due to the range of part time hours worked by different staff across the authority. Consideration of how this could happen would need to be undertaken should this option be chosen.     

Option 3 would be to retain the option of a seven day a week permit at a cost to be agreed that is in excess of the proposed five day permit. It should be noted that this would be in addition to the introduction of a five day permit.

Option 4 would be to review employee and Elected Member permit charges in line with the annual review of fees and charges in order to meet parking and budgetary commitments. This is effectively the “do nothing” option as it follows existing practice.

A further option (Option 5) could be combined with options 1, 2, 3 or 4, but would have further enhancements that include Green Badge parking and discounted bus travel. This may result in an increased number of fuel efficient vehicles being used by staff or a general move to public transport and is in line with the recommendations made by the JCC.

In all  ...  view the full minutes text for item 26.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of the Chief Executive.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Cabinet received a report advising of the decision taken by the Chief Executive in consultation with the Leader in accordance with Minute No. 3 of 3^rd June 2008.

It was reported to Cabinet on 3^rd June 2008 that the Government Office North West (GONW) required that the Local Area Agreement (LAA) submission, due to be sent to GONW by the end of that week, should show lead partners against each performance target.

In order to meet that deadline, Cabinet agreed to delegate this task to the Chief Executive, in consultation with the Leader of the Council as follows (Minute No. 3 refers):

‘That Cabinet authorise the Chief Executive, in consultation with the Leader of the Council, to agree a list of lead partners for delivering the individual Lancashire Local Area Agreement targets, and further to that, to determine those targets that Lancaster City Council will contribute to delivering, subject to sufficient resources being available within existing budgets.’

The report outlined that the action taken by the Chief Executive in consultation with the Leader ensured that the Council has complied with its duty to co-operate in having regard for LAA targets and also met the designated deadline for supplying the information requested i.e. 10^th June 2008.  The decision would also ensure that the resources required to deliver the agreed targets are identified and considered before delivery commences and that they are consistent with the Corporate Plan.

A copy of the signed Partnership Agreement was attached to the report at Appendix B for information.

It was moved by Councillor Shirley Burns and seconded by Councillor Jane Fletcher:-

“That the recommendation to note the decisions of the Chief Executive in consultation with the Leader of the Council, as set out in the report, be approved.” 

Members then voted as follows.

Resolved Unanimously:

That the following decisions of the Chief Executive, in consultation with the Leader of the Council, be noted:

(1)          That the list of targets, attached as Appendix A to the report, that the City Council will contribute towards delivering during the lifetime of the Local Area Agreement, be agreed in principle, subject to sufficient resources either being available within existing budgets or being identified.

(2)          That the Lancashire Partnership Executive be advised of those targets by the due date (10^th June 2008).

(3)          That officers undertake further work to ascertain the resources required to deliver the City Council’s contribution to achieve the LAA targets agreed in (1) above.

(4)          That officers review the Council’s existing Corporate Plan to ensure consistency with the targets agreed in (1) above and if amendments are required, they be reported back to full Council in due course.

(5)          That, notwithstanding the targets included in (1) above, the City Council will work with its partners in the Lancaster District Local Strategic Partnership to support the delivery/achievement of all the objectives, outcomes and targets referred to in the LAA wherever practicable.

Officer responsible for effecting  ...  view the full minutes text for item 27.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

Report of the Head of Democratic Services.

(Cabinet Member with Special Responsibility Councillor Roger Mace)

The Head of Democratic Services submitted a report that advised of those appointments to partnerships and outside bodies which required re-allocation following the resignation of Councillor Johnson from the Cabinet.

It was moved by Councillor Jon Barry and seconded by Councillor Shirley Burns:-

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

Members then voted as follows.

Resolved Unanimously:

That Councillor Susie Charles be appointed to fill the vacancies on the following Partnerships and Outside Bodies following the resignation from Cabinet of Councillor Tony Johnson:

·            LSP Management Group substitute.

·            Arnside and Silverdale AONB Unit Arnside and Silverdale AONB (Forum, Countryside Management Service and Limestone Heritage Project)

·            Forest of Bowland AONB Advisory Committee

·            Lancashire Rural Affairs

·            Lancashire Rural Partnership

·            Lancaster Canal Restoration Partnership

·            North West Rural Affairs Forum

·            LGA Rural Commission

Officer responsible for effecting the decision:

Head of Democratic Services.

Reason for making the decision:

The decision was to ensure that Councillor Susie Charles be appointed to the vacancies on outside bodies and partnerships relevant to her portfolio without delay.

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

Report of the Corporate Director (Regeneration).

(Cabinet Member with Special Responsibility Councillor Evelyn Archer)

(Mr T Hamilton-Cox, who had registered to speak on this item in accordance with the City Council’s agreed procedure and Cabinet Procedure Rule 2.7, spoke to this item.)

(The meeting adjourned at 1.05pm and re-convened at 1.25pm.)

The Corporate Director (Regeneration) submitted a report requesting Cabinet to consider the bids that had been received for the sale of the Council’s land at Scotforth Road, Lancaster.

The options and options analysis (including risk assessment) were contained within a report to be found in the exempt part of the agenda.

It was moved by Councillor Roger Mace and seconded by Councillor Shirley Burns:-

“That the report be noted.”

Resolved:

(9 Members voted in favour (Councillors Archer, Barry, Blamire, Bryning, Burns, Charles, Gilbert, Kerr and Mace) and 1 Member (Councillor Fletcher) abstained.

(1)     That the content of the public report be noted.

It was moved by Councillor Roger Mace and seconded by Councillor Shirley Burns:-

“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 3 of Schedule 12A of that Act.”

Members then voted as follows:

Resolved:

(7 Members voted in favour (Councillors Archer, Bryning, Burns, Charles, Gilbert, Kerr and Mace) and 3 Members abstained (Councillors Barry, Blamire and Fletcher).

(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 grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act. 

It was proposed by Councillor Evelyn Archer and seconded by Councillor David Kerr:-

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

By way of amendment, Councillor Jon Barry proposed and Councillor Jane Fletcher seconded:-

“That the City Council does not agree to sell the land at this stage and that future use of the land be referred to the Local Development Framework (LDF) process.”

Upon being put to the vote, 2 Members voted in favour of the amendment (Councillors Barry and Fletcher) 7 Members voted against  (Councillors Archer, Bryning, Burns, Charles, Gilbert, Kerr and Mace) and 1 Member (Councillor Blamire) abstained from voting, whereupon the Chairman declared the amendment to be lost.

Members then voted as follows on the original proposition:-

Resolved:

(7 Members voted in favour (Councillors Archer, Bryning, Burns, Charles, Gilbert, Kerr and Mace) 2 Members voted against (Councillors Barry and Fletcher) and 1 Member abstained (Councillor Blamire).

(1)           That the sale of land to EH Booth and Co Ltd, as outlined in Option 2 of the exempt report, be approved.

(2)           That the proposal to designate the footpath in the Council’s retained land as a permissive right  ...  view the full minutes text for item 29.