Meeting documents

Cabinet
Tuesday, 10th July 2007

Present

Chair

S Foulkes

Councillors

George Davies, PL Davies, G Gardiner, PJ Hackett, SA Holbrook, M McLaughlin, RK Moon, Jean Quinn

In attendance:

L Fraser, JE Green, A Pritchard, Mrs LA Rennie

Apologies

SE Kelly


Index to Minutes


Minute 110 - MINUTES


Minute Text :

The minutes of the previous meeting, held on 20th June 2007, had been published and no items were called in.

The Cabinet recorded their congratulations to Councillor and Mrs Stuart Kelly on the recent birth of their daughter.


Minute Decision :

Resolved - That the minutes of the meeting held on 20 June 2007 be approved and adopted.

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Minute 111 - DECLARATIONS OF INTEREST


Minute Text :

The members of the Cabinet were invited to consider whether they had a personal or prejudicial interest in connection with any of the items on this agenda and, if so, to declare it and state the nature of such interest. The following declarations were made:-

Councillor Phil Davies - a personal interest in minute 113 (Joint inspection of older people's services in Wirral) due to his appointment as a non-executive director of Wirral PCT, a personal interest in minute 118 (The Laird Foundation and Mersey Maritime Group Limited) due to his appointment as a non-executive director of the Laird Foundation and a prejudicial interest in minute 122 (School Transport Tenders 2007 to 2008) due to his child being a user of the school transport service;

Councillor Pat Hackett - a personal interest in minutes 117 and 128 (recommendations of the Mersey Waterfront Regional Park Board) due to his membership of the Board; and

Councillor Jeff Green - a prejudicial interest in minute 122 (School Transport Tenders 2007 to 2008) due to his child being a user of the school transport service and the nature of his employment.

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Minute 112 - SOCIAL CARE AND INCLUSION: JOINT INSPECTION OF OLDER PEOPLE'S SERVICES IN WIRRAL


Minute Text :

An inspection team from CSCI and the Healthcare Commission carried out an inspection of Older People’s services in Wirral in February 2007. The aim was to find out how well the council and primary care trust were meeting the needs of older people. The inspection noted that Wirral had made progress in improving services for older People, and that Managers and staff in the Council and PCT, had demonstrated they had the capacity to improve. Findings also noted the strong commitment to jointly tackle the broader health and social care needs of the community. The final report of the inspection contained a number of recommendations for improvement and was presented to the Cabinet together with an action plan produced in response.

The Lead Inspector, Phil Green, attended the Cabinet meeting and described the achievements and recommendations arising from the Inspection in detail. It was noted that the Inspection did not result in a judgement, but a set of recommendations.

The Director of Adult Social Services indicated that the Inspection process had been a positive experience for staff and Kathy Doran, Chief Executive of Wirral PCT concurred with those remarks.

The Cabinet Member for Social Care and Inclusion thanked Phil Green for carrying out the inspection and also for attending the Cabinet meeting to present the findings. It was recognised that there were areas for improvement. Councillor McLaughlin expressed her thanks to Terry Sullivan and Nicky Hancock who had made the arrangements for the Inspection team.

The Leader of the Liberal Democrat Group welcomed the constructive report and recognised the wide-ranging agenda covered by the Inspection.

The Leader of the Council welcomed the steady improvement demonstrated by the Inspection.


Minute Decision :

Resolved - That

(1) the report of the Joint Inspection of Services for Older People in Wirral and the opportunities it presents to continue improving services for Older People in Wirral be accepted; and

(2) the Action Plan to implement the Inspection Recommendations be agreed.


Footnote :

Councillor Phil Davies declared a personal interest in this matter (minute 111 refers).

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Minute 113 - SOCIAL CARE AND INCLUSION: CAPITAL GRANT FOR IMPROVING THE CARE HOME ENVIRONMENT FOR OLDER PEOPLE 2007/2008


Minute Text :

The Department of Health had made available a grant to Local Authorities for Improving the Care Home Environment for Older People. The Grant was available for public, private and voluntary homes where the majority of places were for Older People. It aimed to improve quality through improving the physical environment and must be spent during 2007/08. Wirral’s allocation was £890,000 and a distribution proposal, agreed by representatives of the voluntary sector, Wirral PCT and DASS, was submitted to the Department of Health on 28th March. 10% of the total sum was to be retained by Wirral Council for administration and contingencies. Notification that Wirral’s plans had been accepted was received on 30th May.

The Cabinet Member for Social Care and Inclusion welcomed the allocation of funding and its contribution to improving standards in the independent sector.

The Leader of the Council welcomed the fact that an administration element was built into the allocation to enable the Council to audit the spending of the grant and stressed the importance of the allocation across all providers.


Minute Decision :

Resolved - That the arrangements made for distributing the capital improvement grant in Wirral be approved.

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Minute 114 - CORPORATE SERVICES: SCHEME AND ESTIMATE REPORT FOR POULTON HOUSE


Minute Text :

The Director of Adult Social Services presented a report which described the work required to refurbish and extend Poulton House to accommodate elderly people with physical disabilities or any other client group that would require such a facility. The scheme also included refurbishment of the external car park area to provide a suitable staff / visitor car park. This was a key decision which was first identified in the Forward Plan dated 1st April 2007.


Minute Decision :

Resolved - That

(1) the Scheme and Estimate, as presented, be accepted;

(2) the Director of Technical Services be authorised to seek tenders for the project; and

(3) the Director of Technical Services be authorised to obtain all necessary statutory approvals for the project.

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Minute 115 - CHILDREN'S SERVICES AND LIFELONG LEARNING: 2007/08 FOSTERING, SPECIAL GUARDIANSHIP, RESIDENCE ORDER AND ADOPTION ALLOWANCE FINANCIAL PAYMENTS


Minute Text :

The Director of Children's Services presented a report which outlined the 2007/08 allowances and fees for the consideration and approval by Members. The purpose was to develop the Adoption and Fostering Service’s capacity to meet demand, improve the quality of the service in line with National Minimum Standards, and ensure the commissioning process used Best Value principles.

The Director of Children's Services reported on representations received from Wirral Foster Carers Association and it was proposed that further details regarding progression through the banding structure be the subject of a further report. In addition, the Director had proposed that the new rates become payable from 1st July 2007, due to budgetary issues. Wirral Foster Carers Association had requested that consideration be given to the new rates being backdated to 1st April 2007.

The Cabinet Member for Children's Services and Lifelong Learning welcomed the report and the proposed increase in allowances. Councillor Phil Davies referred to the direction of travel regarding the reduction in looked after children that was set out in the report. In view of the tight budgetary position of the Council, he supported the Director's proposals to begin the new levels of payment from 1st July 2007.


Minute Decision :

Resolved - That the proposals be approved.

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Minute 116 - STREETSCENE AND TRANSPORT SERVICES: THURSTASTON CROSSROADS ROUNDABOUT SCHEME – PROPOSED FUNDING ARRANGEMENTS


Minute Text :

The Cabinet considered a report which advised them of the proposed funding arrangements for the Thurstaston Crossroads roundabout scheme. It was proposed that the scheme would be funded from the Local Transport Plan Capital Programme and the report sought Cabinet endorsement that the scheme would be given priority in the allocation of future years’ LTP Capital funding.

The Cabinet Member for Streetscene and Transport Services recognised the importance of the project but expressed concern about prioritising schemes now when this could need to be revisited in the light of other concerns.

Councillor Jean Quinn moved motion, duly seconded and it was


Minute Decision :

Resolved - That support for the scheme be re-affirmed and the scheme be given priority when deciding and approving the LTP Capital Programmes for 2008/9 and 2009/10 having due regard to the other priorities which may arise during that time period.

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Minute 117 - REGENERATION AND PLANNING STRATEGY: RECOMMENDATIONS OF THE MERSEY WATERFRONT REGIONAL PARK BOARD


Minute Text :

The Director of Regeneration presented a report which sought approval of two Mersey Waterfront Regional Park (MWRP) projects which had been approved by the MWRP Board.


Minute Decision :

Resolved - That

(1) a MWRP grant of £500,000 be approved to part fund the Seacombe-New Brighton Promenade project; and
(2) a MWRP grant of £1,534,650 be approved to part fund the Liverpool Riverlands proposal.


Footnote :

Councillor Pat Hackett declared a personal interest in this matter (minute 111 refers).

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Minute 118 - REGENERATION AND PLANNING STRATEGY: THE LAIRD FOUNDATION AND MERSEY MARITIME GROUP LIMITED


Minute Text :

The Director of Regeneration presented a report which informed Members of the completion of the merger of The Laird Foundation and Mersey Maritime Limited and asked Cabinet to recommend to Council who should be appointed as the council’s representatives on the Boards of Directors of the new companies.


Minute Decision :

Resolved - That

(1) Cabinet recommends to Council the following appointments:

Councillors Phil Davies and Gill Gardiner to the Board of Directors of Mersey Maritime Group Limited; and
Councillor Phil Davies to the Board of Directors of The Laird Foundation; and

(2) Cabinet confirms the nomination of the Council’s private sector appointee to the Boards of Directors of Mersey Maritime Group Limited and The Laird Foundation as reported above and authorises Officers to nominate the Council’s education sector appointee to the Board of the Laird Foundation.


Footnote :

Councillor Phil Davies declared a personal interest in this matter (minute 111 refers).

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Minute 119 - FINANCE AND BEST VALUE: REVIEW OF THE CONSTITUTION


Minute Text :

The Cabinet considered a report which presented a revision of the Constitution, as agreed by the Cabinet at its meeting on 24th May 2007.

Changes to the Constitution required the approval of the Council. The Cabinet was requested to consider the revised Constitution and make an appropriate recommendation to the Council.

With the permission of the Chair, the Leader of the Conservative Group addressed the Cabinet. Councillor Green expressed concerns about the move towards delegation to individual portfolio holders and expressed a wish to see a protocol in place for dealing with delegated matters.

The Leader of the Council referred to the minutes of the Cabinet meeting held on 7th June 2007 in which it was resolved that a further report be brought on the delegation of decision making to individual portfolio holders. He indicated that there had been an opportunity for all political groups to contribute views on this matter. Councillor Foulkes stated that he intended to move slowly on the delegation issue and that arrangements would be put in place to publish those decisions taken. He felt that this was a response to a number of criticisms contained within the Council's CPA inspection report and this would enable the Cabinet to concentrate on strategic decision-making.

The Leader of the Liberal Democrat Group noted that the Constitution provided that decisions taken by individual portfolio holders would be subject to call-in.


Minute Decision :

Resolved - That the Council be recommended that the revised Constitution be approved.

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Minute 120 - CORPORATE SERVICES: APPROVED DUTIES AND APPOINTMENTS


Minute Text :

The Cabinet was requested to consider:

(a) any requests for the designation of an approved duty relating to attendance at meetings;

(b) any applications relating to conferences or seminars made in accordance with the procedure approved by Cabinet on 19 February 2004 (minute 534 refers);

(c) any changes in the membership of bodies to which the Council makes appointments.

It was requested that the following matter be designated as approved duty - attendance of the Cabinet Member for Children's Services and Lifelong Learning and the Chair and spokespersons of the Children's Services and Lifelong Learning Overview and Scrutiny Committee at the IdEA Leadership Academy focused programme on 'Making Children Matter'.

In addition, it was requested that attendance of all Members of the Council at a seminar on Adult Social Services to be held on Tuesday 17th July 2007 at 6pm in Wallasey Town Hall, be designated an approved duty.


Minute Decision :

Resolved - That

(1) the attendance of the Cabinet Member for Children's Services and Lifelong Learning and the Chair and spokespersons of the Children's Services and Lifelong Learning Overview and Scrutiny Committee at the IdEA Leadership Academy focused programme on 'Making Children Matter', be designated an approved duty; and

(2) attendance of all Members of the Council at a seminar on Adult Social Services to be held on Tuesday 17th July 2007 at 6pm in Wallasey Town Hall, be designated an approved duty.

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Minute 121 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC


Minute Text :


Minute Decision :

Resolved - That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the remaining items of business on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part I of Schedule 12A (as amended) to that Act.

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Minute 122 - CHILDREN'S SERVICES AND LIFELONG LEARNING: SCHOOL TRANSPORT TENDERS 2007 TO 2008


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Cabinet was invited to approve the tenders enclosed for the provision of transport for pupils to various schools for the period September 2007 to July 2008.

Cabinet was asked to authorise the Children and Young People's Department to write to all parents informing them of the cost of the year's pass and to encourage them to use this service, explaining that the more parents who purchased a seat the more chance there was of a reduction in cost and future viability of the service.

The Leader of the Council referred to the policy decision that had previously been discussed in public as part of the budgetary process. He proposed that parents should be engaged with as soon as possible to encourage take-up of places on the buses to make the bus service sustainable. He further proposed that a review of the bus routes should be undertaken.

With the permission of the Chair, Councillor Lesley Rennie addressed the Cabinet. She indicated that for many parents, this would be first indication of an increase in cost.

The Leader of the Council indicated that the level of fees was set by the policy previously agreed.

The Leader of the Liberal Democrat Group expressed concern that parents may chose to transport their children to school in their private vehicles and this would lead to congestion on the roads. He also noted that there were two elements to the increase - the removal of a hidden subsidy by the Council and a general increase in the cost of bus travel. He welcomed the proposals by the Leader of the Council, particularly the request for a review in Spring 2008.

The Leader of the Council moved a motion, duly seconded, and it was


Minute Decision :

Resolved - That

(1) the Director of Children’s Services be authorised to accept the tenders in Appendix 1A (or if these do not accept the contract(s) then the next lowest tender) based on a term by term contract;

(2) the Director of Children’s Services be authorised to review the routes followed by F buses with a view to reducing the number of buses used and maximising occupancy in the light of the travel to school pattern in the Autumn Term. This review will inform the provision from Spring 2008 onwards;

(3) the Director of Children’s Services be instructed to review the provision and cost of transport to children resident in Cheshire;

(4) the Director of Children’s Services be asked to write to all parents informing them of the potential full year cost of this year’s pass (£506.88), informing them of the proposed review and advising them that any savings achieved during the review would be reflected in a reduction in the price of the pass. The Director should encourage parents to use the service by explaining that the more parents who purchase a seat, the more chance there is of a reduction in cost and, ultimately, of making sure that the provision of such a service remains viable in future years; and

(5) the aim of this resolution is to encourage as much uptake in the scheme so as to reduce the environmental impact whilst ensuring the Council’s desire to make it self financing and therefore sustainable.


Footnote :

Councillors Phil Davies and Jeff Green declared a prejudicial interest in this matter (minute 111 refers) and left the room while the matter was discussed.

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Minute 123 - CHILDREN'S SERVICES AND LIFELONG LEARNING: WIRRAL GROUPED SCHOOLS PFI PROJECT: PROPOSED CHANGES TO CONTRACT AND FACILITIES MANAGEMENT PROVIDER


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Director of Children's Services presented a report which set out for approval in principle, proposed changes to the Grouped Schools PFI contract between the Council and Wirral School Services Limited (WSSL) brought forward by Secondary Market Infrastructure Fund Limited (SMIF), of which WSSL was part, as reported to Cabinet on 14th December 2006.


Minute Decision :

Resolved - That

(1) the report be noted and the changes in the Wirral Schools grouped PFI contract, as proposed by SMIF in relation to the restructuring, refinancing and change of FM provider be agreed in principle;

(2) the proposed changes in the contract in relation to third party lettings, meals provision and Variations be approved in principle and the negotiated position in respect of Utilities be approved;

(3) the Director of Children’s Services, the Director of Finance and the Head of Legal Services and the relevant officers be authorised to negotiate the final details of the new Project arrangements, continuing to work in collaboration with Kirklees and Liverpool councils and Salford should they proceed as currently intended to join the XJ group; and

(4) a further report be brought when contracts have been signed.

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Minute 124 - CORPORATE SERVICES: APPROVAL OF ACQUISITIONS MADE UNDER DELEGATED AUTHORITY


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Deputy Chief Executive / Director of Corporate Services presented a report to inform Members, in accordance with the “Approved Scheme of Delegation”, of those occasions where delegated authority had been used to acquire various properties in Housing Market Renewal Areas, or in Neighbourhood Renewal Areas.


Minute Decision :

Resolved - That the acquisition of the properties identified in this report, using delegated authority, be noted.

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Minute 125 - CORPORATE SERVICES: LAND ADJACENT TO 227 MOSSLANDS DRIVE, WALLASEY


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Deputy Chief Executive / Director of Corporate Services presented a report which sought consent to the removal of a restrictive covenant imposed by the Council on land adjacent to 227 Mosslands Drive, Wallasey.


Minute Decision :

Resolved - That the restrictive covenant be removed in accordance with the provisionally agreed terms set out in this report, subject to the Authority granting planning consent.

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Minute 126 - CORPORATE SERVICES: THURSTASTON ROUNDABOUT ACQUISITIONS


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Cabinet considered a report which sought approval to terms for the acquisition of land required to implement the proposed Thurstaston Crossroads Roundabout Scheme.


Minute Decision :

Resolved - That the three areas of land be acquired on the terms now reported.

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Minute 127 - CORPORATE SERVICES: LAND AT CROSS LANE, WALLASEY


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Deputy Chief Executive / Director of Corporate Services presented a report which sought consent to the disposal of the Council’s freehold interest in land at Cross Lane, Wallasey.

The Cabinet's attention was drawn to the contents of additional correspondence that had been received on the matter.


Minute Decision :

That the Deputy Chief Executive and Director of Corporate Services be authorised to complete the transaction upon the terms reported.

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Minute 128 - REGENERATION AND PLANNING STRATEGY: RECOMMENDATIONS OF THE MERSEY WATERFRONT REGIONAL PARK BOARD


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Director of Regeneration presented a report which sought approval of two Mersey Waterfront Regional Park (MWRP) projects; the Sefton Water Centre and New Brighton Phase 1.


Minute Decision :

Resolved - That

(1) an MWRP grant of up to £1,424,645 be approved to Sefton Council to part fund the Sefton Water Centre Project subject to the conditions set out in this report; and

(2) an MWRP grant of up to £3,750,000 be approved to part fund the New Brighton Phase 1 project subject to the conditions set out in this report.


Footnote :

Councillor Pat Hackett declared a personal interest in this matter (minute 111 refers).

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Minute 129 - REGENERATION AND PLANNING STRATEGY: NEW BRIGHTON - UPDATE


Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 3, Part I, Schedule 12A (as amended), Local Government Act 1972.


Minute Text :

The Deputy Chief Executive and Director of Corporate Services presented a report which updated Members on developments in connection with the implementation of the Phase 1 development at New Brighton and planning developments in respect of Phase 2, since the report presented to the Executive Board on 26 April 2007.

Having considered the report Members were asked to authorise Deputy Chief Executive/Director of Corporate Services to continue to negotiate and conclude agreements with the providers of grant funding and the developer.

The Deputy Chief Executive / Director of Corporate Services referred to further information that had been received since the publication of the agenda.

Members of the Cabinet expressed their views on various individual aspects of the Scheme.

With the permission of the Chair, Councillor Lesley Rennie indicated the Conservative Group's support for this scheme and thanked officers for their work on this matter.


Minute Decision :

Resolved (unanimously) - That

(1) the Deputy Chief Executive/Director of Corporate Services be authorised to continue to negotiate with the developer and, provided that the appropriate safeguards are in place, to conclude an agreement supplemental to the Development Agreement in the terms reported and thereafter authorise the scheme to commence;

(2) the Deputy Chief Executive/Director of Corporate Services be authorised to negotiate and conclude agreements with the providers of grant funding; and

(3) the Deputy Chief Executive/Director of Corporate Services be authorised to negotiate and conclude funding agreements between the Council and Neptune, in relation to the public grants awarded to implement the design and build requirements of the new Floral Pavilion; and

(4) call-in on this matter be waived and the Council be advised accordingly.

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Minute 130 - ANY OTHER BUSINESS


Minute Text :

There were no items of urgent business.

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(Minutes Published: 12 July 2007)