Meeting documents

Cabinet
Thursday, 16th August 2007

Present

Chair

S Foulkes

Councillors

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

In attendance:

Mrs LA Rennie

Index to Minutes

Minute 162 - MINUTES

Minute Text :

The minutes of the previous meeting, held on 26th July 2007, had been published and no items were called in.

It was noted that there was an omission in Minute 99 of the Cabinet meeting held on 20th June 2007 in relation to the Nottingham Declaration Update Report No.2. The second resolution had not been published which reads as follows:

(2) the draft attached Climate Change Strategy and Action Plan be approved.

It was requested that this amendment be noted.

Minute Decision :

Resolved - That

(1) the minutes of 26th July 2007 be approved and adopted; and

(2) Minute 99 of the Cabinet meeting held on 20th June 2007 be amended as set out above.

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Minute 163 - 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 Gill Gardiner - a personal interest in Minutes 175 (Financial recommendations of the Wirral Waterfront Board) and 183 (Wirral Waterfront Initiative – Wirral SRB’S end of scheme evaluation: acceptance of tender) due to her membership of Wirral Waterfront Board.

Councillor Phil Davies - a personal interest in Minutes 175 (Financial recommendations of the Wirral Waterfront Board) and 183 (Wirral Waterfront Initiative – Wirral SRB’S end of scheme evaluation: acceptance of tender) due to his membership of Wirral Waterfront Board and Minute 178 (Single Inward Investment Agency) due to his membership of the Mersey Partnership Board.

Councillor Pat Hackett - a personal interest in Minutes 175 (Financial recommendations of the Wirral Waterfront Board) and 183 (Wirral Waterfront Initiative – Wirral SRB’S end of scheme evaluation: acceptance of tender) due to his membership of Wirral Waterfront Board and Minute 182 (Merger of Groundwork Wirral and Groundwork Mersey Valley) due to his membership of the Groundwork Wirral Board and Minute 184 (Pride in our promenades - improvements to Seacombe to New Brighton Promenade due to his membership of the Mersey Waterfront Park Board.

Councillor Lesley Rennie - a personal interest in Minute 174 (Community Initiatives Fund – recommendations for funding from Area Fourms Assessment Panels) due to her membership of a CIF Assessment Panel.

Councillor George Davies - a personal interest in Minute 174 (Community Initiatives Fund – recommendations for funding from Area Fourms Assessment Panels) due to his membership of a CIF Assessment Panel.

Councillor Jean Quinn - a personal interest in Minute 174 (Community Initiatives Fund – recommendations for funding from Area Fourms Assessment Panels) due to her membership of a CIF Assessment Panel.

Simon Goacher declared a prejudicial interest in Minute 185 (Acting Monitoring Officer and Proper Officer) due to the matter concerning his employment.

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Minute 164 - FINANCE AND BEST VALUE - CORPORATE GOVERNANCE MONITORING GROUP

Minute Text :

The Cabinet received a report which informed Members of the progress of the Corporate Governance Monitoring Group. Members were invited to note the report and make any comments on it, and receive a further report in two months time.

Minute Decision :

Resolved - That

(1) the report be noted; and

(2) a further report be received in two months time.

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Minute 165 - FINANCE AND BEST VALUE - MEMBERS’ ALLOWANCES PANEL

Minute Text :

The Deputy Chief Executive / Director of Corporate Services presented a report which informed Members of the process to review the Members’ Allowances Scheme and requested authority to appoint a consultant to assist the Members’ Allowances Panel to review the Members’ Allowances Scheme.

Minute Decision :

Resolved - That

(1) the independent remuneration panel of three members meet to make recommendations upon a future members’ allowances scheme;

(2) the Deputy Chief Executive & Director of Corporate Services be authorised to identify and appoint an appropriate consultant to assist the Panel with their deliberations, and

(3) all members be notified of the timescale of the process in order that any members who so wish may make written representations to the panel.

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Minute 166 - FINANCE AND BEST VALUE - WIRRAL AND NORTH WALES PURCHASING ORGANISATION

Minute Text :

The Director of Finance presented a report which advised Members of the decision of the Wirral and North Wales Purchasing Organisation on 16 July 2007 that the Organisation be formally wound up in the light of the agreement now reached in relation to a settlement of the disputed sums. Members were asked to authorise the Director of Finance to pay Wirral’s share.

Minute Decision :

Resolved - That the report be noted and the Director of Finance be authorised to pay the invoice for the Council’s share of the deficit in the sum of £589,207.

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Minute 167 - FINANCE AND BEST VALUE - SCHOOL, EARLY YEARS & 14-16 FUNDING 2008-11

Minute Text :

The Director of Finance presented a report which indicated that the Government had announced its decision on school, early years and 14-16 funding arrangements for 2008-11 following a period of consultation. The report summarised the key changes that would come into effect from 1 April 2008.

Minute Decision :

Resolved - That

(1) the revised funding arrangements be noted; and

(2) the revised funding arrangements be taken into account when agreeing the budget for 2008-09.

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Minute 168 - FINANCE AND BEST VALUE - INSURANCE FUND ACTUARIAL REVIEW

Minute Text :

The Cabinet considered a report which set out the impact of measures taken to improve the management of risk and the current status of the liability fire and motor claims fund. Approval was sought for the use of the savings generated including the funding of an additional post within the Financial Services Division to enable continued improvement in risk management.

The Director of Finance indicated that further development of the insurance and risk management strategies of the Authority would be enhanced by increased public relations (PR) support. The Finance Department did not currently have access to a dedicated PR officer. Following discussions with the Deputy Chief Executive, the Director of Finance had agreed to identify funding for such a post. The Pensions Committee on 2 July 2007 identified funding for 50% of this post from the Pension Fund. The Director of Finance recommended that the balance of 50%, a maximum of £16,800 could be found from the Insurance Fund.

The Leader of the Council indicated that he was not convinced about the need to fund an addition PR post.

The Leader of the Liberal Democrat Group congratulated officers on their outstanding performance and agreed with the Leader of the Council, that the PR work should be met within existing resources.

The Director of Finance was invited to submit an additional report on the need for an additional post for PR issues if he felt that necessary.

Minute Decision :

Resolved - That

(1) subject to Employment and Appointments Committee, the sum of £27,500 be allocated to create an additional post within the Financial Services Division; and

(2) the level of Insurance Fund balances be reviewed as part of the preparation of the Insurance Fund budget for 2008-09; and

(3) the Insurance Fund budget for 2007-08 be reviewed as part of the preparation of the estimates for 2008-09.

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Minute 169 - FINANCE AND BEST VALUE - PROTOCOL ON DELEGATED DECISION MAKING

Minute Text :

At its meeting on 16th July 2007, the Council approved changes to the Constitution which gave delegated decision-making powers to individual portfolio holders for particular areas of Council business.

A protocol was set out which was recommended for implementation of this aspect of the Constitution.

The Leader of the Council stated that there was a need to modernise the decision making process through the introduction of delegated decision making and believed that fears expressed by some Members on this issue would prove to be unfounded. The Leader commented that there were limits to the decisions that could be taken under delegated authority and that these would be used carefully.

With the permission of the Chair, Councillor Lesley Rennie addressed the Cabinet. Councillor Rennie welcomed the Leader's decision to use his delegated powers sparingly. Councillor Rennie asked for further clarification on consultation with Ward Members on the sale and purchase of land, when these decisions were taken under delegated powers.

The Leader of the Council indicated that he would involve Ward Members where appropriate but there were not likely to be many ward specific decisions to be taken within his portfolio.

The Leader of the Liberal Democrat Group indicated that the majority of land sales and purchases were likely to fall within his Corporate Services portfolio and he would be informing Ward Members as appropriate. He also indicated that he hoped the protocol would be in place whatever the political structure of the Council was.

Minute Decision :

Resolved - That the protocol for delegated decision making, as set out in the report, be approved.

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Minute 170 - CORPORATE SERVICES - PLANNED MAINTENANCE 2007/08

Minute Text :

The Cabinet considered a report which advised Members of the schemes submitted for funding from the Property Maintenance (PM) allocation within the capital programme and sought approval of the proposed PM programme for 2007/08.

Minute Decision :

Resolved - That

(1) the schemes included in the 2007/08 Property Maintenance programme be noted and officers be authorised to prepare all relevant schemes and obtain tenders; and

(2) it be noted that the schemes for Bebington allotments, condition surveys, boiler renewals, water efficiency and Health and Safety Work have already commenced.

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Minute 171 - CORPORATE SERVICES - INTERNATIONAL LINKS

Minute Text :

The Chief Executive presented a report which provided Members with an analysis of the current international links which existed within the Borough following a decision taken by Cabinet in the summer of 2005 to develop a link with a township or province in Africa in response to the Live8 activities.

The Leader of the Liberal Democrat Group referred to the array of existing international links in place and indicated a need to be clear on objectives and priorities of those links. He also felt that the link activities should involve whole communities rather than just the Local Authority.

The Leader of the Council felt that the status of the international links needed to be investigated and then prioritised with reference to issues such as the Investment Strategy. In addition, more use needed to made of video links to minimise the need for international travel.

Minute Decision :

Resolved - That the principle of establishing a strategy which will endorse and support the international links which are currently in place within the Borough be agreed and this strategy be brought back to the Cabinet for endorsement.

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Minute 172 - CORPORATE SERVICES - NEW EQUALITY AND DIVERSITY POLICY AND STRATEGY

Minute Text :

The Director of Adult Social Services presented a report which sought approval from Members for the new corporate equality policy and strategy.

The Leader of the Council referred to the need for all Cabinet Members to drive equalities and diversity within their individual portfolios, but recognised the need for a Champion to lead on the Council's Equality Standard improvements both internally and externally.

The Leader of the Council moved a motion, duly seconded.

The Cabinet Member for Social Care and Inclusion looked forward to working with the Cabinet Member for Community and Customer Engagement on this matter.

The Cabinet Member for Community and Customer Engagement reiterated the need for Cabinet Members to work together on this issue and highlighted the impact across all portfolios.

Minute Decision :

Resolved - That

(1) the equality and diversity policy and strategy be approved and adopted;

(2) all Cabinet Members have a responsibility for delivering the equality and diversity agenda;

(3) Cabinet agrees to designate the Cabinet Member for Social Care and Inclusion as champion for this area. Cabinet recognises that there will need to be particularly close co-operation between this Cabinet Member and the portfolio holder for Community and Customer Engagement;

(4) the launch event for the new corporate equality policy be approved;

(5) the Community and Customer Engagement Overview and Scrutiny Committee be asked to take a lead in reviewing the authority’s approach to equality and diversity; and

(6) a commitment be made to allow staff members time to attend focus groups.

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Minute 173 - COMMUNITY AND CUSTOMER ENGAGEMENT - NEW VOLULNTARY AND COMMUNITY SECTOR FUNDING PROCESS

Minute Text :

The Director of Adult Social Services presented a report which provided Members with an update of the work carried out by the council’s Internal Funding Group (IFG) in reviewing the processes for Wirral’s Voluntary and Community Sector (VCS) funding and suggested a new approach, namely a “Single Application” process. It was noted that the report was presented under the portfolio holder for Community and Customer Engagement but would be of interest to other portfolios.

A decision was required to provide a more coherent framework for commissioned and grant funded services within the Voluntary and Community Sector.

Minute Decision :

Resolved - That

(1) the attached guidance and the guiding principals of funding on a basis of need, value for money and longer-term sustainable development of the Wirral VCS be approved;

(2) the process for managing the Wirral VCS funding process through the use of the guidance and the IFG the co-ordinating body be approved;

(3) the decision to fund only a coalesced Council for Voluntary Service organisation, Voluntary and Community Action Wirral (VCAW), from whenever they satisfy the legal requirements for merger as detailed in paragraph 6.16 be approved;

(4) the extension of the current voluntary and community sector grant budget in corporate services until the end of the current financial year be approved; and

(5) the cross-council National Lottery Strategy produced by its Special Initiatives Team be approved and adopted.

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Minute 174 - COMMUNITY AND CUSTOMER ENGAGEMENT - COMMUNITY INITIATIVES FUND – RECOMMENDATIONS FOR FUNDING FROM AREA FORUMS ASSESSMENT PANELS

Minute Text :

The Cabinet considered a report which informed it of the proposals received from voluntary and community sector organisations for funding from the Community Initiatives Fund (CIF), informed it of the recommendations of the area forum CIF assessment panels that met in July 2007 and sought agreement to advertise the remaining funds in September 2007 and for those forums that were not re-advertising to carry forward any remaining amounts to 2008/09 as identified at 11.2 of the report. It was noted that there were draft area forum operating protocols available that looked at the area forum funding process.

Minor amendments to the figures were reported to the Cabinet.

It was noted that the consultation on the protocols would begin shortly.

Minute Decision :

Resolved - That

(1) the report and the proposed allocation of funding as detailed in the appendices be agreed; and

(2) the following sums of remaining CIF, Community Safety funding and Local Agenda 21 funding be advertised again in September 2007 and for those who are not re-advertising the fund, the remaining balances to be carried forward to 2008/09 financial year.

Footnote :

Councillors George Davies, Jean Quinn and Lesley Rennie declared a personal interest in this matter (minute 163 refers).

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Minute 175 - REGENERATION AND PLANNING STRATEGY - FINANCIAL RECOMMENDATIONS OF THE WIRRAL WATERFRONT BOARD

Minute Text :

The Director of Regeneration presented a report which sought approval of the financial recommendations of the Wirral Waterfront Board meeting held on 3 July 2007.

The Leader of the Council referred to the specific budget allocation for 'gateway recognition' within the Wirral Waterfront budget.

The Leader of the Liberal Democrat Group felt that 'The Magic Boat' would become a well-loved landmark in years to come.

Minute Decision :

Resolved - That the decision of the Wirral Waterfront Board to allocate a further £200,000 of SRB resources to fund “The Magic Boat, subject to NWDA non-delegated approval, be approved.

Footnote :

Councillors Gill Gardiner, Phil Davies and Pat Hackett declared a personal interest in this matter (minute 163 refers).

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Minute 176 - REGENERATION AND PLANNING STRATEGY - DELIVERING THE REGENERATION AGENDA IN WIRRAL

Minute Text :

The Director of Regeneration presented a report which requested the Cabinet to

i) approve proposals for the future development and delivery of Regeneration initiatives as set out in this report and refer the matter to Employment and Appointments Committee in September;

ii) note the emerging Government policy in relation to communities and the probable reduction in time-limited funding from April 2008; and

iii) note the policy reviews which are being undertaken by Government in relation to sub-national economic development and regeneration and agree to receive further reports as Government Policy is firmed up and the implications for Wirral become clearer.

The Director of Regeneration indicated that this was a minimal level of staffing required and he intended to bring a report on emerging policies within the next 8 to 12 months.

The Leader of the Council asked for confirmation that HMRI staff worked closely together, regardless of their funding streams.

Councillor Phil Davies welcomed the report and stressed how critical this matter was to the delivery of the Investment Strategy. He was keen for a representative from the Children's Services department to play a full role in the co-ordination group set out in the report and looked forward to the further reports.

Minute Decision :

Resolved - That

(1) proposals for the future development and delivery of Regeneration initiatives as set out in this report be approved and referred to Employment and Appointments Committee in September;

(2) the emerging Government policy in relation to communities and the probable reduction in time-limited funding from April 2008 be noted;

(3) the policy reviews which are being undertaken by Government in relation to sub-national economic development and regeneration be noted and further reports be received as Government Policy is firmed up and the implications for Wirral become clearer.

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Minute 177 - REGENERATION AND PLANNING STRATEGY: DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT - PLANNING FOR A SUSTAINABLE FUTURE – PLANNING WHITE PAPER – WIRRAL RESPONSE

Minute Text :

The Government has published a White Paper ‘Planning for a Sustainable Future’, setting out its views on the future role of the planning system. The White Paper embodied the Government’s approach to climate change, economic development (including the recommendations of the Barker Review and housing growth).

The White Paper proposed a streamlining of the planning system, including relaxing controls on some forms of development and speeding up decisions on major infrastructure projects.

Responses were required by 17th August 2007. It was recommended that the responses to the Government’s consultation on the Planning White Paper set out in the report be submitted as this Council’s formal response.

The Leader of the Council noted that the deadline for the consultation was the day after the meeting and requested more time in future for the Cabinet to add their comments. However, it was acknowledged that political groups could submit their individual comments directly to the Government and the LGA and other national bodies would also be submitting their responses.

Minute Decision :

Resolved - That the responses set out in this report to the Government’s consultation on the Planning White Paper be submitted as this Council’s formal response.

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Minute 178 - REGENERATION AND PLANNING STRATEGY - SINGLE INWARD INVESTMENT AGENCY

Minute Text :

Cabinet on 24 January 2007 considered a report relating to a proposal by The Mersey Partnership (TMP) to create a single inward investment agency for the Greater Merseyside Sub Region. Members asked officers to discuss the matter further with TMP to determine alternative funding requirements. The Cabinet considered a report which provided Members with an update on the TMP proposal and changes to the business plan.

The Leader of the Council indicated that he felt the TMP was important for the whole region but that the funding recommended was for one-year only at this stage and that efficiencies should be sought from within the organisation.

Minute Decision :

Resolved - That

(1) the report be noted and the £50,000 additional contribution be agreed for the 07/08 financial year, without any commitment at this stage to future years funding; and

(2) a further report be prepared for members as further detail of the development of the single Investment Agency occurs.

Footnote :

Councillor Phil Davies declared a personal interest in this matter (minute 163 refers).

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Minute 179 - STREETSCENE AND TRANSPORT SERVICES - RESIDENT PARKING SCHEMES – RESIDENTS’ AND LOCAL BUSINESS RESPONSES TO THE PILOT CONSULTATION EXERCISE

Minute Text :

The Director of Technical Services presented a report which provided the Cabinet with a summary of the public opinion and level of support for the proposed implementation of a residents’ parking scheme following trial consultations with a number of areas.

The report suggested from the public consultation exercise, that there was no consensus of support in regards to the proposals. Consequently, the report recommended that no further investigations into the pilot areas be undertaken. Similarly, it was recommended that historic requests for residential parking areas, which were held on the list, be cleared and a list for such similar requests not be maintained.

The Cabinet Member for Streetscene and Transport Services moved an amendment, duly seconded, which sought to allow consideration of schemes in the future where the relevant Area Forum had assessed that the requisite level of support and other criteria had been met.

The Leader of the Council stressed the importance of the role of Area Forums in this matter and indicated that Ward Councillors needed to ensure they were completely clear about the criteria required for consideration of future schemes.

Minute Decision :

Resolved - That

(1) owing to the threshold of 80% support for the implementation of residents’ parking schemes from both the residents and businesses in the seven pilot areas not being met no further action be taken in these seven pilot areas;

(2) officers be thanked for the undertaking of this comprehensive consultation exercise which has involved the distribution of approximately 1500 letters, leaflets and questionnaires;

(3) all future requests for residential parking schemes should meet the criteria of 80% support, normally involve 300 households and should demonstrate agreement to charging;

(4) the Area Forums should be asked to ensure that the requisite levels of support and other criteria are met before referral to the Technical Services Department for consideration;

(5) the historic requests for residential parking areas, which are held on the list and do not meet these criteria, be cleared ;

(6) the Director of Technical Services write to all lead petitioners on the current list informing them of the decision, explaining the pilot study results and the criteria which need to be met if they wish to pursue their petitions via their Area Forum.

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Minute 180 - 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.

The following duties had been notified:

Councillor Denis Knowles to attend the Merseyside Members Development Programme at Merseyside Fire and Rescue Training Centre, Croxteth, Liverpool (9 sessions in total); and
Councillor Gill Gardiner to attend the Fairtrade Towns Conference to be held in Rotherham on Thursday 13th September 2007.

Minute Decision :

Resolved - That attendance at the above events be designated as an approved duty.

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Minute 181 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC

Minute Text :

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 involved 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 182 - REGENERATION AND PLANNING STRATEGY - MERGER OF GROUNDWORK WIRRAL AND GROUNDWORK MERSEY VALLEY

Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraphs 3 and 5, Part I, Schedule 12A (as amended), Local Government Act 1972.

Minute Text :

The Director of Regeneration presented a report which advised the Cabinet of the proposed merger of Groundwork Wirral and Groundwork Mersey Valley, set out the opportunities and implications for the Council and sought Members views on becoming a member of the new company Groundwork Merseyside.

Minute Decision :

Resolved - That:

(1) the Council as a member of Groundwork Wirral votes in favour of the merging of the two Groundwork Trusts at the forthcoming Extraordinary General Meetings;

(2) the Council becomes a member of the new Trust to be called Groundwork Merseyside; and

(3) the Council requests that Groundwork consider the inclusion of two Local Authority representatives on the Board of Trustees of the new Trust.

Footnote :

Councillor Pat Hackett declared a personal interest in this matter (minute 163 refers).

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Minute 183 - REGENERATION AND PLANNING STRATEGY - WIRRAL WATERFRONT INITIATIVE – WIRRAL SRB’S END OF SCHEME EVALUATION: ACCEPTANCE OF TENDER

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 of the tender from WM Enterprise in the sum of £49,440 excluding VAT to undertake an End of Scheme Evaluation of Wirral’s five SRB schemes.

Minute Decision :

Resolved - That the tender from WM Enterprise in the sum of £49,440 be accepted.

Footnote :

Councillors Gill Gardiner, Phil Davies and Pat Hackett declared a personal interest in this matter (minute 163 refers).

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Minute 184 - REGENERATION AND PLANNING STRATEGY - PRIDE IN OUR PROMENADES- IMPROVEMENTS TO SEACOMBE TO NEW BRIGHTON PROMENADE

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 regarding the Pride in Our Promenades scheme (improvements to Seacombe to New Brighton Promenade) which sought to:

a) approve the lowest tenders for the works, and

b) agree to novate The Environment Partnership (TEP)’s contract for the design and implementation of the works from The Mersey Partnership to the Council.

Minute Decision :

Resolved - That

(1) the lowest tender for the main environmental works, in the sum of £760,386.21 submitted by Horticon Ltd Landscape Services be accepted, subject to the contractor developing a satisfactory Health & Safety Plan and completion of contract documentation;

(2) the lowest tender (as adjusted) for the refurbishment of Dr Poggi’s shelter, in the sum of £87,715.75 submitted by Chester Masonry Ltd be accepted, subject to the contractor developing a satisfactory Health &Safety Plan and completion of contract documentation; and

(3) the contract currently operated by the Mersey Partnership with the Environment Partnership (TEP), to design and implement the Seacombe to New Brighton element of the Pride in our Promenades programme, be novated to Wirral Council.

Footnote :

Councillor Pat Hackett declared a personal interest in this matter (minute 163 refers).

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Minute 185 - CORPORATE SERVICES - ACTING MONITORING OFFICER AND PROPER OFFICER

Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraph 1, Part I, Schedule 12A (as amended), Local Government Act 1972.

Minute Text :

Members were asked to appoint Mr. Simon Christopher Goacher as Acting Monitoring Officer and Proper Officer with effect from 8 September, 2007.

Minute Decision :

Resolved - That Mr. Simon Christopher Goacher be appointed as Acting Monitoring Officer and Proper Officer with effect from 8 September 2007, and assume responsibility for those activities within the Scheme of Delegation currently assigned to the Head of Legal and Member Services.

Footnote :

Simon Goacher declared a prejudicial interest in this matter and left the room while the matter was considered (minute 168 refers).

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Minute 186 - CORPORATE SERVICES - HORSA HUTS (BIRKENHEAD VENTURE ABC), BRASSEY STREET, BIRKENHEAD - LEASE

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 grant a lease to Birkenhead Venture Amateur Boxing Club of the Horsa Huts in Brassey Street, Birkenhead.

A decision was required to approve the grant of a 5 year lease to Birkenhead Venture Amateur Boxing Club.

Minute Decision :

Resolved - That approval be given to the grant of a lease to the Birkenhead Venture Amateur Boxing Club in accordance with the provisionally agreed terms set out in this report.

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Minute 187 - CORPORATE SERVICES - TEN STREETS PILOT REGENERATION INITIATIVE - LAND AT VITTORIA STREET, BIRKENHEAD

Exempt :

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

Minute Text :

Members’ approval was sought to the disposal of land in Vittoria Street, Birkenhead to Speedwell Roofing and Cladding Ltd.

Minute Decision :

Resolved - That the sale of the land to Speedwell Roofing and Cladding Ltd be approved, in accordance with the provisionally agreed terms set out in this report.

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Minute 188 - CORPORATE SERVICES - LAND AT KELVIN ROAD, WALLASEY

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 Members’ approval to prepare a Development Brief and Tender Document to manage the disposal of a site in Kelvin Road, Wallasey.

A decision was required to market the site.

Minute Decision :

Resolved - That Officers be authorised to prepare a Development Brief and Tender Document to manage the disposal of the sale of the land in Kelvin Road on the terms reported.

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Minute 189 - CORPORATE SERVICES - FORMER SEXTON’S LODGE, BEBINGTON CEMETERY, TOWNFIELD LANE, BEBINGTON

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 Members authority to declare surplus the former Sexton’s Lodge, Bebington Cemetery, Townfield Lane, Bebington a surplus asset and agree to its disposal at auction.

A decision was required to enable the property to be sold at auction.

Minute Decision :

Resolved - That the property be declared surplus and offered for sale at auction in accordance with the terms and conditions outlined.

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Minute 190 - CORPORATE SERVIVES - UNITED UTILITIES WASTE WATER MANAGEMENT SCHEMES GREENBANK ROAD, WEST KIRBY

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, as required by Minute 76 (Cabinet 7 June 2007), on the outcome of further discussions with United Utilities regarding the detail of their waste water management scheme at Greenbank Road, West Kirby, and which sought members approval to the provisional terms of a new 99 year lease for the land required.

A decision was required for the grant of a 99 year lease which would allow the Council to retain a legal interest in the land and an element of control over the future use of the site.

Minute Decision :

Resolved - That approval be given to the grant of a new 99 year lease in accordance with the provisionally agreed terms set out in this report, subject to a further report should objections be received in response to the advertisement of the proposed disposal of public open space.

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Minute 191 - CORPORATE SERVICES - HARVEST COURT DAY SERVICE, MORETON

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 proposed amended terms for the Council’s lease of the day care centre located within the Extra Care Scheme at Harvest Court, Moreton, operated by Housing 21.

A decision was required to enable a lease of the premises to be taken by the Council.

Minute Decision :

Resolved - That a three year lease of the day care centre at Harvest Court be entered into by the Council with an option to renew for subsequent three year terms up to a maximum of 25 years with the rent to be increased annually after the initial term in line with the Retail Prices Index.

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Minute 192 - CORPORATE SERVICES: BYRNE AVENUE BATHS, BYRNE AVENUE, ROCK FERRY

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 updated Members on progress in respect of the Health and Safety issues arising from current structural condition of these premises and the further recommendations for action.

Minute Decision :

Resolved - That the Deputy Chief Executive and Director of Corporate Services be authorised to progress this matter on the basis set out in this report.

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Minute 193 - CORPORATE SERVICES: 5/7 ST ANDREWS ROAD, BIRKENHEAD

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 provided information regarding the plans for optimising the operational use of the property at 5/7 St Andrews Road, Birkenhead. It sought approval from Members for the proposal to seek a partner to develop the property on behalf of Department of Adult Social Services.

Minute Decision :

Resolved - That

(1) the future use of these properties as operational assets, to enhance and improve local delivery of both Learning Disability and Mental Health services be approved; and

(2) the properties be offered for sale by informal tender, on the terms as set out in this report, the results of which be reported back to Cabinet.

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Minute 194 - CHILDREN'S SERVICES AND LIFELONG LEARNING - SCHOOL TRANSPORT TENDERS (SPORTS VENUES) 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 sports venues for the period September 2007 to July 2008.

Minute Decision :

Resolved - That the recommended tenders as set out in Appendix 1 to the report be accepted.

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Minute 195 - CHILDREN'S SERVICES AND LIFELONG LEARNING - PRUDENTIAL BORROWING CAPITAL FUND. APPROVAL OF INDEMNITY

Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraphs 1 and 3, Part I, Schedule 12A (as amended), Local Government Act 1972.

Minute Text :

The Director of Children's Services presented a report which sought Cabinet approval to the Indemnity required between the council and Beechwood and Ballantyne Community Housing Association Ltd, in respect of proposed adaptations to a property owned by the Association. Approval for the adaptations to proceed funded from the relevant Prudential Borrowing Capital Fund was given by Cabinet on 7th June 2007. The Capital Fund itself was approved by Cabinet on 3rd August 2005.

Minute Decision :

Resolved - That the Indemnity Agreement as set out in Appendix 1 of the report be approved and the Head of Legal and Member Services be authorised to complete the legal process to put the Indemnity Agreement in place.

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Minute 196 - HOUSING AND COMMUNITY SAFETY- WIRRAL COUNCIL AND WIRRAL PARTNERSHIP HOMES - COMMUNITY FUND

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 the views of the Cabinet on a proposal to alter the arrangements currently in place to administer the Community Fund with Wirral Partnership Homes.

Minute Decision :

Resolved - That

(1) the setting up of the Discretionary Fund as part of the operation of the Community Fund be noted;

(2) the principle that balance of the Community Fund resources be divided equally between WPH and the Council to be delivered through each organisation in accordance with the defined Community Fund purposes, subject to a further report to Cabinet on the terms of a revised agreement, be agreed; and

(3) the appointment of Wright Hassall solicitors to advise the Council on the revised agreement in accordance with Rule 5.2 of the Council’s Contract Procedure Rules be approved and the Council be informed accordingly.

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Minute 197 - FINANCE AND BEST VALUE: 1BUSINESS - CONTRACT UPDATE

Exempt :

NOT FOR PUBLICATION: Exempt by virtue of paragraphs 3 and 5, Part I, Schedule 12A (as amended), Local Government Act 1972.

Minute Text :

No report was submitted.

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Minute 198 - ANY OTHER BUSINESS

Minute Text :

The Leader indicated that he had agreed that the following two matters be considered as urgent business.

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Minute 199 - REGENERATION AND PLANNING STRATEGY: FORMER LONG PLANTATION DEPOT, BROMBOROUGH

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 authorisation to indemnify the Secretary of State under the Land Powers (Defence) Act 1958 for the purposes of providing a drainage system that crossed a Government owned oil pipeline adjacent to the former Long Plantation Depot site, Bromborough. This matter was considered urgent to meet particularly, funding agency timetables.

Minute Decision :

Resolved - That

(1) the negotiations with agents acting on behalf of the Secretary of State, the contractor, Mayfield Construction, and the advice of the Council’s insurers be noted;

(2) the consent of the Secretary Of State under the terms of Section 16(1) of the Land (Defence) Act 1958 be sought;

(3) an Indemnity Agreement as set out in the report be approved and the Head of Legal and Member Services be authorised to complete the legal process to put the Indemnity Agreement in place; and

(3) the lowest tender in the sum of £351,905.80 (including provisional items and other costs) submitted by Mayfield Construction be accepted subject to the completion of contractual formalities and the development of a satisfactory health and safety plan.

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Minute 200 - UPDATE ON BURTON'S MORETON PLANT

Exempt :

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

Minute Text :

The Chief Executive provided an oral update on the position regarding Burton's Moreton plant.

Minute Decision :

Resolved - That


(1) the oral report by the Chief Executive be noted;


(2) Officers be given delegated authority to proceed on the basis outlined by the Chief Executive; and


(3) Officers be thanked for their hard work on this matter.

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(Minutes Published: 22 August 2007)