The members of the Cabinet are invited to consider whether they have 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.

Councillor G Gardiner declared a personal interest in Item No. 16 on the agenda – Community Asset Transfer – Status Report (Minute No. 151 refers) by virtue of being a member of Greasby Community Centre Joint Management Committee.  Councillor B Moon also declared a personal interest in Item No. 16 by virtue of being a member of New Ferry Village Hall Joint management Committee.

Councillor S Holbrook and Councillor I Lewis declared personal and prejudicial interests in Item No. 3 on the agenda – Neighbourhood Learning in Deprived Communities (Minute No. 138 refers) by virtue of them both being Directors of Wirral Multicultural Organisation.  They both indicated that they would leave the meeting whilst this item of business was under discussion.

Councillor C Blakeley declared a personal interest in Item No. 12 on the agenda - Wirral Council and Wirral Partnership Homes – Community Fund (Minute No. 147 refers) by virtue of being a member of Wirral Partnership Homes: Community Fund.

The Leader has agreed to consideration of this item as a matter of urgent business.

(a)  Request for Financial Assistance – Overton Woods, Upton

The Director of Law, HR and Asset Management informed that a decision on this request from the Joint Management Committee of Overton Community Centre, Upton was urgent because the sale of Overton Woods would have to be completed by 30 September 2010.

 (b)  Request for Financial Assistance from a Company

The Director of Law, HR and Asset Management reported that the above item of business required urgent consideration because urgent financial assistance had been requested and that it contained exempt information which was commercially sensitive and which involved the financial business affairs of a third party.

The Leader of the Council, Councillor J Green, indicated that he intended the Cabinet to consider the report because of the urgent nature of it and this would be done in Part 2 of the meeting, once the press and public had been excluded.

The minutes of the last meeting have been printed and published. Any matters called in will be reported at the meeting.

RECOMMENDATION:  That the minutes be approved and adopted.

RESOLVED: 

That the Minutes of the meetings of the Cabinet held on 26 August and 2 September 2010 be confirmed as a correct record.

Councillors S Holbrook and I Lewis left the meeting whilst this report was under discussion, having already declaring personal and prejudicial interests in it.

A report by the Director of Children’s Services made recommendations to the Cabinet for approval to commission Neighbourhood Learning in Deprived Communities (NLDC). The proposed providers would provide adult learning activity for “hard to reach” learners aged 19+, in line with the requirements for the Skills Funding Agency (SFA), who provided the grant for this work.

RESOLVED: That

(1)  the organisations listed below be offered a contract to deliver NLDC for 2010-11 academic year:

and

(2)  the unallocated funding be used to provide activity for learners with disabilities through the Council’s Adult Learning Centres.

A report by the Director of Children’s Services described the work required to provide a new primary school and a new special school under the Primary Capital Programme and a dedicated Special Educational Needs Capital fund. The report also set out the costs of the scheme.

The Cabinet was asked to consider and approve the proposal.  It was of the view that this was an excellent project and the Leader of the Council paid tribute to the previous Administration for putting it together.

RESOLVED: That

(1)  the Scheme and Estimate, as set out in the report, 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.

A report by the Director of Children’s Services described the work required to convert part of the former Pensby Park Primary School into office accommodation, the buildings to be vacated, and set out the costs of the scheme.  The Cabinet was asked to consider and approve the proposal.

RESOLVED: That

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

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

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

(4)  the Director of Children’s Services be requested to use his delegated authority to accept the lowest bone-fide tender and report his acceptance of the tender to the Cabinet in due course, in accordance with the Council’s Procurement Policy.

A report by the Director of Children’s Services set out the current position in respect of the ‘Playing for Success’ initiative, based at Tranmere Rovers Football Club and managed by the Children and Young People’s Department.  The initiative started in 2004 and funding support would end in March 2011.  The report set out options for the future of the initiative.

RESOLVED: That

(1)  the ‘Playing for Success’ initiative be funded in the current year from the centrally managed SEN/behaviour budget and at the same time the Playing for Success Manager be asked to:-

·  hold discussions with schools using the centre to develop a possible basis for full cost recovery;

·  carry out a review of the costs of running the centre and identify areas for cost reduction; and

·  explore alternative sources of support funding including any additional direct or in-direct support available from the football club;

(2)  the Schools Forum be invited to give their views on future funding of this initiative; and

(3)  the ‘Playing for Success’ initiative be the subject of a further report once consultations with the Schools Forum and schools are complete and following research on other funding options.

A report by the Director of Technical Services sought approval to extend the current framework arrangement for a further period of six months pending the introduction of the North West Construction Hub (NWCH) Professional Services Framework.

RESOLVED: That

(1)  the extension of the existing Consultant Framework Arrangement be approved for a further period of six months from 1 November 2010 to 1 May 2011 for those consultants in the discipline categories of Architects; Civil Engineering; Mechanical & Electrical Engineering; Quantity Surveying; Structural Engineering and Transportation Engineering, who agree to stand by the current rates and agreements in place; and

(2)  the relevant officers be requested to enter into negotiations with NWCH and take part in the necessary procurement processes, where appropriate, regarding the establishment of a new professional services framework for public sector organisations.

A report by the Interim Director of Corporate Services advised that the Council was preparing a Core Strategy Development Plan Document.  The Core Strategy was a statutory document that would set the local policy context for the determination of planning applications and for major regeneration schemes such as Housing Market Renewal and Wirral Waters and for setting policies for housing, employment, open space and other matters.  The Core Strategy would replace parts of the Unitary Development Plan adopted in February 2000, which no longer fully reflected the Council’s more recent aspirations.

The Cabinet had approved the preparation of a Preferred Options Report for public consultation in July 2010 (Cabinet, 22 July 2010, Minute 89 refers).  The report recommended the Cabinet to recommend to Council that the draft Preferred Options Report appended to the report and its associated accompanying documents be now published for public consultation.

RESOLVED:

Council be recommended to approve for public consultation the draft Preferred Options Report attached to the report and the accompanying documents in the on-line library.

A report by the Interim Director of Corporate Services provided a summary of ‘Future North West: Our Shared Priorities’ published for consultation by the North West Development Agency (NWDA) and the Regional Leaders Board 4NW.  A proposed Wirral Council consultation response was attached at Appendix 1 to the report. The Cabinet was asked to support the response for submission. 

RESOLVED: That

(1)  the content of ‘Future North West’ be considered and the proposed consultation response appended to the report at Appendix 1 for submission to NWDA/4NW on behalf of Wirral Council be endorsed; and

(2)  officers be authorised to participate and support the transitional regional arrangements on a short term basis only and return further reports as appropriate.

A report by the Director of Finance updated the projected budgets for the years from 2011 to 2015 in line with the decision of HM Treasury to undertake a four year Spending Review.

RESOLVED: That

(1)  the budget projections be kept under review; and

(2)  further efficiencies be delivered.

Report to follow.

This report had been withdrawn from the agenda by the Director of Finance.

A report by the Director of Finance updated the Cabinet on the arrangements for the management of the Community Fund and the schemes approved by Wirral Partnership Homes as administrators of the Fund.

Approval was sought to amend the Council representation on managing the Fund and endorsement of the representatives to authorise, on behalf of the Council, the release of money from the Fund.

It was recommended that any Council bids for use of the Fund be assessed after the completion of the consultation – ‘Wirral’s future. Be a part of it.’

RESOLVED: That

(1)  the arrangements for the management of the Community Fund be noted;

(2)  the Council be requested to approve that Kevin Adderley, as the Interim Director of Corporate Services, replaces Jim Wilkie on the Joint Working Group;

(3)  the Council representatives on the Joint Working Group be the Council authorised signatories for the bank mandate needed to release money from the Fund;

(4)  the grants awarded to the Council for the period 2008/11 be noted;

(5)  submissions for use of the Community Fund be considered by the Joint Working Group following completion of the Council consultation exercise; and

(6)  the Council continues the ‘Your Wirral’ initiative for 2011/12 at a cost of £250,000.

A report by the Director of Law, HR and Asset Management provided an update on the staff consultation exercise undertaken following the proposal to the Cabinet on 24 June 2010 to make permanent the temporary reassignments of Housing and Regeneration Division, Regulation Division and the Cultural Services Division, following the deletion of the post of Director of Regeneration.

RESOLVED: That

(1)  the Management arrangements as outlined in section 4 of the report be implemented with immediate effect; and

(2)  the Director of Law, HR and Asset Management be instructed to instigate the necessary consequential revisions to the Scheme of Delegation of Functions to Officers and report them to Cabinet and Council, as appropriate.

A report by the Director of Law, HR and Asset Management reviewed issues arising from the identification of a preferred option for office rationalisation; informed Cabinet of a possible opportunity to dispose of Westminster House; and sought approval to the way forward.  It also identified where further work was being undertaken.

The Head of Asset Management informed the Cabinet of the proceedings of the Council Excellence Overview and Scrutiny Committee meeting on 21 September 2010 when it had considered the report that was now before the Cabinet.

The Council Excellence Overview and Scrutiny Committee had, after considering the report, resolved:

“That the Cabinet be advised of the views of this Committee: That

(a)  there should be an early resolution in relation to the future of Westminster House; and

(b)  urgent progress should be made in relation to agile working, in order to reduce the occupancy of buildings and to establish ways of working in communities to the benefit of local residents.”

RESOLVED: That

(1)  the Director of Law, HR and Asset Management be authorised to discuss the potential sale of Westminster House with Wirral Partnership Homes and report to the Cabinet at the earliest opportunity the outcome of those discussions, and

(2)  in the event of Wirral Partnership Homes wishing to purchase Westminster House, the report back to Cabinet will include an evaluation by the Interim Director of Corporate Services of the environmental, economic and regeneration impacts of the two options set out in the report, together with a recommended approach, taking all the relevant factors into account.

This report had been withdrawn from the agenda by the Director of Law, HR and Asset Management.

A report by the Director of Law, HR and Asset Management advised Members of the current status of the Community Asset Transfer programme and sought authority to make budgetary adjustments for those centres which did not wish to pursue transfer.

RESOLVED: That

(1)  properties with groups which had expressed an interest in proceeding with Community Asset Transfer remain within the transfer process;

(2)  those properties with groups unwilling or unable to proceed, or without existing groups, be removed from the transfer process;

(3)  such groups which were unwilling or unable to proceed at present be reminded;

(i)   that financial support to transfer assets from the Council to the Community beyond 31 March 2012 could not be guaranteed and that access to the £4.5m Community Fund would not be available after that date,

(ii)  decisions on the future of facilities that did not transfer by 31 March 2012 would be deferred until the Governance Commission had reported its findings and the extent of future delegation has been determined; and

(4)  the Director of Finance be authorised to make the necessary budgetary adjustments as identified in 5.2 totalling £47,400 funds to be reinstated from balances in 2010/11 and a permanent increase in budget for 2011/12.

A report by the Interim Director of Corporate Services sought the Cabinet‘s approval for the Leader of the Council and officers to meet a request from Peel Holdings to accompany them to China to attend a number of meetings with potential International Investors into the Wirral Waters scheme. 

The Interim Director reported that Peel Holdings had requested that the Leader visit China, they believed he would make a significant difference and the Chinese business community and potential investors expected him to make the visit and lead the delegation.  The Leader informed that he intended to make a significant contribution towards the cost of his visit to China if it was agreed.

Councillor Holbrook was also in support of the Leader making this visit and believed that the Council should do all it could to seek out opportunities.

It was noted that the flights needed to be booked as soon as possible to keep costs down.  In the light of this, Cabinet Members were unanimously of the view that the call-in procedure should be waived and the Deputy Chief Executive and Director of Corporate Services indicated his agreement to this proposal

RESOLVED: That

(1)  Cabinet agrees that the Leader of the Council and two officers visit China to attend meetings with Peel to discuss International Investment;

(2)  Peel Holdings be requested to make a financial contribution towards the cost of the Leader and Officers visiting China; 

(3)  the Wirral delegation visits Suzhou and Taicang in Jiangsu Province during their visit to China;

(4)  an approved duty be agreed for the period of the visit;

(5)  a report be brought to subsequent Cabinet meeting and to a meeting of the Economy and Regeneration Overview and Scrutiny Committee outlining activity and outcomes from the visit; and

(6)  the call-in procedure in respect of this matter be waived in view of the urgency of the decision and the public interest.

Marie Armitage was attending her last Cabinet Meeting before retiring from the post of Joint Director of Public Health.  The Leader of the Council paid tribute to her, commenting on her outstanding work and the real contribution she had made to the improvement of the health of Wirral people.  He thanked Ms Armitage for her sterling work and wished her well for the future.

Councillors Simon Holbrook and Steve Foulkes, in turn, also paid tribute to Ms Armitage, concurring with the Leader and wishing her well for the future.

Ms Armitage responded as appropriate, informing that she appreciated the comments that had been made and the commitment of everyone to inequality issues and the health of the people of Wirral.

The Joint Director of Public Health informed the Cabinet that her last act in her current post was to present her Annual Report for 2009/10.

The Annual Report comprised four key documents:

• Health and Wellbeing in Wirral: The Big Picture (2009/10)
• Wirral Compendium of Health Statistics 2010
• A Breath of Fresh Air: Reducing Smoking and Tobacco Use in Wirral (2009/10)
• Health Inequalities Annual Report (April 2010)

RESOLVED: That

(1)  the report of the Joint Director of Public Health for 2009/10 be noted and those actions within the Health Inequalities Action Plan be endorsed where the Council can contribute to the achievement of outcomes;

(2)  the publication of the recent White Paper on Health, which includes proposals for transferring responsibility for public health from Primary Care Trusts to Local Authorities be noted; and

(3)  these proposals be welcomed and officers be instructed to open a dialogue with NHS Wirral for the smooth and efficient transfer of these functions and report back on how the new duties on public health can be integrated into the Council’s governance and management structures.

Further to Minute No. 136(a), Councillor C Blakeley declared a personal interest in this item of business by virtue of being a member of Wirral Partnership Homes - Community Fund, and put on record his thanks to the Deputy Chief Executive and Director of Corporate Services and to the Director of Law, HR and Asset Management for their help with this initiative.

Since the report on Wirral Council and Wirral Partnership Homes – Community Fund had been published with the Cabinet agenda (Minute No. 147 refers), the Joint Management Committee of Overton Community Centre, Upton, had approached the Council and Wirral Partnership Homes with a request for financial support in relation to a community purchase of land at Overton Woods, Upton.

The land, near to the Overchurch Estate in Upton, had been subject to sale at auction on 9 September 2010.  The prospect of the land being sold had raised concerns so the Joint Management Committee had organised and administrated a campaign to raise funds to enable the land to be acquired for the benefit of the community, so preserving the natural beauty and ecological value of the historic woods.

It was reported that representatives of the community bid £28,500 at auction to acquire the land.  A campaign organised by the Joint Management Committee had raised £16,000, which left a shortfall of £12,500.  The auction rules required the sale to be completed (and the full purchase price paid) by 30 September 2010.

RESOLVED:  That

(a)  the submission of a bid for £12,500 to the Community Fund in relation to the purchase of land at Overton Woods by the Joint Management Committee of the Overton Community Centre on behalf of the local community be supported;

(b)  the Council’s representatives on the Community Fund Joint Working Group be authorised to undertake all steps considered necessary and appropriate to support the bid; and

(3)  the call-in procedure in respect of this matter be waived in view of the urgency of the decision and the public interest.

The following urgent item contains exempt information.

RECOMMENDATION:  That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by the relevant paragraphs of Part I of Schedule 12A (as amended) to that Act. The Public Interest test has been applied and favours exclusion.

RESOLVED:

That under section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraph 3 of Part 1 of Schedule 12A (as amended) to that Act.  The Public Interest test has been applied and favours exclusion.

Further to Minute No. 136(b), a report by the Interim Director of Corporate Services contained an application for a company to enable its business to expand so that existing and new contracts could be fulfilled over the next 3-5 years.  It involved two projects which would ensure jobs would remain within the Wirral area, and 107 jobs would be created in 2010/11 and 117 during 2011/12.

RESOLVED: That

(1)  subject to the prior approval of the Deputy Chief Executive, the Director of Finance and the Director of Law, HR and Asset Management, a grant, paid over one year, be approved towards the business expansion project being undertaken by the company named within the report, subject to the conditions set out in paragraph 3.2; and

(2)  subject to the same approvals, the Director of Law, HR and Asset Management be authorised to draw up and sign a legal agreement between the Council and the company, based on the contents of this report.