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 P Davies declared a personal interest in agenda item 14 (minute No 221/2009 refers) review of Secondary School Places Phase 1 – site for a possible Academy by virtue of him being a Governor of Wirral Metropolitan College.

Councillor G Davies declared a prejudicial interest in the same item by virtue of him being a Governor of one of the schools referred to in the report.  He left the meeting whilst this item of business was under discussion.

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 meeting of the Cabinet on 26 November 2009 be confirmed as a correct record.

Following the Cabinet’s decision on 26 November 2009 (Minute No 192/2009 refers) to revert to an earlier option for secondary school reorganisation in Birkenhead, a report by the Director of Children’s Services advised of a result of consultations with various stakeholders on the possibility of a new Academy being constructed on the Park High site of the Shaftsbury/borough Road playing field site, provided a likely timetable for the Academy process and updated on developments in relation to the Sponsor team for the Mixed Academy.

The Director was in attendance at the meeting and took Members through the detail of his report answering their questions as appropriate.

Councillor P Davies paid tribute to Park High and Rock Ferry High Schools, in particular, the contributions of their pupils, staff and Governors had made resulting in the excellent standards both schools had achieved.

It was noted that the Cabinet had waived the Call-in in respect of this matter when it was discussed on 26 November but had made it clear, at the time, that it would not be waiving it again in respect of the decision to be made at this meeting.

Councillor P Davies moved the following motion:

“Cabinet agrees to:

(1)  the inclusion of the Park High site and the Shaftsbury / Borough Road playing field site as potential sites for the Mixed Academy in the Expression of Interest, subject to a Statement on Intent being issued by the Overview and Scrutiny Committee.  Full public consultation with residents and businesses should take place on the Shaftsbury / Borough Road site and a final decision on the preferred site to be taken by the Cabinet in January 2010;

(2)  the inclusion of Birkenhead Sixth Form College and the University of Liverpool within the Mixed Academy Sponsor team,  for inclusion in the Statement of Intent and Expression of Interest to be sent to the Minister;

(3)  the Director of Children’s Services to have urgent discussions with the sponsor team with a view to confirming the leader sponsor for the Mixed Academy; and

(4)  and pays tribute to the excellent contribution made by the Staff, pupils and Governors of Park High and Rock Ferry high Schools to education in Birkenhead.”

The following AMENDMENT was moved by Councillor S Holbrook

“Cabinet agrees to:

(1)  the current Park High site as the preferred location for the mixed academy to replace Rock Ferry HS and Park HS. This should be included in the Statement of Intent and the Expression of Interest to be sent to the Minister.

(2) to (4) as above.

The amendment was put to the vote and declared carried as 4 Members voted for the amendment and 3 voted against it.

The amendment then became the Substantive Motion and was put to the vote and declared carried as 7 Members voted for it and no Members voted against it.

RESOLVED: That Cabinet agrees to:

 (1)  the current Park High site as the preferred location for the mixed academy to replace Rock  ...  view the full minutes text for item 221.

A report by the Director of Law, HR and Asset Management reported that the Local Government and Public Involvement in Health Act 2007 (“the Act”) required the Council to review its governance arrangements and move to either:

·  a new style ‘Leader and Cabinet’ model; or

·  a ‘directly elected Mayor and Cabinet’ model.

Before drawing up its governance proposals, the Council was required to take reasonable steps to consult local government electors and any other interested persons, in the authority’s area. The Council’s consultation period commenced on 6 October 2009 and ended on 30 November 2009 and the steps taken to consult local government electors and interested parties included:

• a press release was placed in a local newspaper (Wirral Globe) on 8 October 2009 (although the press release was issued on 7 October 2009);

• the Council’s Website was amended to advertise the new governance arrangements and to invite local electors and other interested persons to make comments and express their views/opinions on the proposals;

• the Cabinet report dated 24 September 2009 detailing the proposed governance arrangements as highlighted at all eleven Area Forum meetings by the Chairperson and copies of the report made available to the public.

Furthermore, both the Daily Post and Wirral News featured a discussion forum on the proposed governance arrangements; and Heart FM Radio, Severn Waves Radio and BBC Radio Merseyside all featured the proposed governance proposals. The Wirral Globe further published letters received in relation to the governance proposals on 29 October, 5, 11and 18 November 2009.

Such measures, articles and features had enabled this matter to maintain a reasonably high public profile during the period of consultation.

It was reported that the consultation undertaken by this Council was similar to that undertaken by other Merseyside Local Authorities.

The Council had received a total of 45 responses during the consultation period and whilst it was acknowledged that there had been a low response rate, the Council had received a similar response to the consultation as other neighbouring Councils (and in one case a considerably greater response). A summary of the responses was set out in Appendix 1 to the report. Of the total number of responses received, 62.2% [28 replies] had indicated a preference for the directly elected ‘Mayor and Cabinet’ model with 20% [9 replies] preferring the new style ‘Leader and Cabinet’ model. The remaining 17.8% of responses (8 replies) either failed to indicate a preference or the reply was too ambiguous for a preference to be drawn.

Given the limited number of responses received, the Council would give careful consideration to the level of weight that ought to be attached when deciding which model of governance it should adopt.

The Act required the Council adopt its new governance arrangements by 31 December 2009.

A revised Appendices 2 and 3 to the report was circulated. They set out the Council’s proposals for changing its executive arrangements as required by the Act.

RESOLVED:

That Council be RECOMMENDED to

(1)  adopt the new style ‘Leader  ...  view the full minutes text for item 222.

The Director of Finance advised that further to the Provisional Local Government Finance Settlement for 2008/11, announced on 6 December 2007, the Local Government Minister had confirmed in her statement on 26 November 2009 that the third and final year of the Settlement would not change from the indicative figures already published.

RESOLVED: That

(1)  the implications of the Provisional Local Government Finance Settlement be noted;

(2)  the proposed response to the consultation be endorsed; and

(3)  the Authority continues to use every opportunity to state the case for further improvement to the Provisional Settlement.

The Director of Finance provided details of the method used to calculate the Tax Base for the 2010/2011 Council Tax that needed to be raised to cover expenditure and he recommended a figure for tax setting purposes.

RESOLVED – That it be a recommendation to Council:-

(1)  That the Council Tax Base for 2010/2011 be approved.

(2)  That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the figure calculated as the Council Tax Base for the year 2010/2011 shall be 104,690.

A report by the Director of Finance set out a draft Capital Programme for 2009/13 for consideration by the Cabinet and referral to the Council for approval. It also included the related capital financing requirements based upon the prudential indicators that informed the Treasury Management Strategy.

RESOLVED: That it be a recommendation to Council:

(1)  the new submissions, as detailed in section 7.2 of the report of the Director of Finance, be approved.

(2)  the re-allocation of schemes to revenue, with any associated funding, as detailed in section 7.3.1 of the report, be approved.

(3)  the removal from the programme of the schemes, detailed in section 7.3.2 of the report, be approved.

(4)  if the changes are approved, the capital financing requirements be reflected in the Projected Budget.

(5)  the Prudential Indicators be noted and reported as part of the Treasury Management Strategy in February 2010.

(6)  update reports on the progress of the programme be presented in accordance with the Performance and Financial Monitoring reporting cycle.

(7)  a report be presented to the Cabinet at its meeting on 14 January 2010 on building maintenance requirements to include the review of Regeneration - Cultural Services facilities.

(8)  That the options for funding building maintenance be presented to the Cabinet at its meeting on 14 January 2010.

A report by the Director of Finance provided details of the HM Treasury Operational Efficiency Programme and the impact upon local authorities.  Members were requested to note the progress against the recommendations of the programme and agree to the funding of further benchmarking and management review work.

RESOLVED: That

(1)  progress against the recommendations of the Operational Efficiency Report be noted,

(2)  benchmarking exercises and management review processes be undertaken; and

(3).  the cost of the benchmarking exercise be funded from the Efficiency Investment Budget.

The Chancellor of the Exchequer in his Pre-Budget Statement 2008 reduced the rate of VAT between 1 December 2008 and 31 December 2009. A report by the Director of Finance set out the implications for the Council of the return to the higher rate.

RESOLVED: That

(1)  the change to VAT for the period 1 December 2008 to 31 December 2009 be noted; and

(2)  the restoration of VAT at 17.5% from 1 January 2010 be noted.

A report by the Director of Finance provided information on recent changes to the calculation of Housing and Council Tax Benefit (HB/CTB) for certain groups of claimants and the likely impact on existing benefit claims.  The nature of these changes would mean that those in receipt of Child Benefit and those who are of pensionable age with capital may become eligible for HB/CTB for the first time or, if already claiming, may receive an increase in their entitlement.

RESOLVED:

That the increased expenditure on Benefits be noted.

A report by the Director of Finance provided Cabinet with the latest position on the expected performance reward grant (PRG) for Wirral’s 2005-2008 Local Area Agreement (LAA) stretch targets. The report also outlined the position regarding use of the performance reward grant expected to be received, based upon most recent forecast performance information.

(1)  £7.905m was expected to be achieved in performance reward grant which equates to 80% of the £9.824m available.

(2)  The stretch targets had been reviewed in terms of the contribution partners had made to their delivery, and it had been proposed that following the deduction of support costs and a contribution to the community and voluntary sector (the “Network”), the remaining amount of reward received was apportioned according to the contribution made to achievement.  Based upon these calculations, the Council would expect to receive a total of £5.862m in revenue and capital over two years. 

RESOLVED: That the Cabinet

(1)  notes the expected performance reward grant and approve the indicative allocations outlined in section 5.2 which have previously been agreed by the LSP Executive Board on 11 November 2009; and

(2)  notes the final position of the PPG expenditure and approve the following requests as agreed by the LSP Executive Board on 11^th November 2009:

·  allocate the remaining £2,074 pump priming grant to NHS Wirral as a contribution for delivery of the BME smoking cessation target; and

·  allocate the remaining £108,546 council contribution to the LAA is used to continue to fund temporary posts within the council’s Corporate Policy Team.

A report by the Director of Children’s Services described proposals to provide new Hearing Support Base facilities and on-site access improvements at Townfield Primary School, and set out the estimated costs of the scheme.  The proposed scheme would also enhance security to the rear of the school and provide a link corridor to the Mersey & Dee School buildings, enabling pupils and staff to access the whole school without leaving the building, as they have to in the current set up.

The Cabinet was asked to consider and approve the proposal and to agree future years’ Capital Funding for the scheme.

RESOLVED: That

(1)  the overall Scheme and Estimate in the sum of £340,085 as presented, be accepted;

(2)  the Director of Technical Services be authorised to seek tenders for both the main Building Works and the removal of the mobile unit;

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

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

(5)  Cabinet approve allocations from the 2010/11 DCSF Modernisation allocations of £40,085 be made available for this scheme ahead of Cabinet approval of the full main Capital Programme for 2010/11.

A report by the Director of Children’s Services sought Cabinet approval to:-

(1)  The roll out of the Phase 3 Children’s Centre programme through the development of sites at Greasby Library, Pensby Park Primary, Back Horse Hill Infant School and Grove Street Primary School.

(2)  The continued consultation, feasibility and approval in respect of further capital development work with Private and Voluntary Independent settings (PVIs), including small grants.

(3)  Further consultation on the most effective way of supporting and enhancing the Early Year’s provision by local Childminders through the use of capital monies.

The report also provided an update on Children’s Centre development to date and it was noted that the recommendations would enable the continued roll out of services across Wirral, thus meeting the Government’s national target of a Children’s Centre serving every community and enhance provision in the PVI sector. This development also demonstrated the Council’s commitment to invest in Sure Start.

RESOLVED: That

(1)  the recommendation to roll out the Phase 3 Children’s Centre programme through the development of sites at Greasby Library, Pensby Park Primary and Black Horse Hill Infant School, be approved;

(2)  the recommendation for further consultation and feasibility studies in respect of further capital development work with Private and Voluntary Independent settings (PVIs) and small grants be approved, and

(3)  the recommendation for further consultation on the most effective way of supporting and enhancing the Early Year’s provision by local Childminders through the use of capital monies be approved.

The Director of Children’s Services updated Cabinet on the two BSF projects in progress; Woodchurch High School and Birkenhead High School for Girls Academy. His report set out the current position in respect of the main BSF programme and sought approval for officers to discuss with Sefton LA the potential for future joint working on the BSF programme and the potential for a joint Local Education Partnership, the current means of delivery of BSF required by Partnerships for Schools (PfS), who lead the BSF programme nationally.

RESOLVED: That

(1)  progress on the Woodchurch High School re-build and the Birkenhead High School for Girls Academy capital scheme development be noted;

(2)  the general update on the position in respect of the proposed main BSF programme be noted:

(3)  the discussions to date on possible joint working with Sefton LA on BSF be noted;  and

(4)  further discussions taking place be approved, with any formal proposals arising from those discussions to be the subject of a future report to Cabinet.

A report by the Director of Technical Services informed Members of the development of the Merseyside Bus Punctuality Improvement Partnership Framework Agreement (PIP). This Framework had been approved by the Merseytravel Executive on 5 October 2009 for formal ratification by the Local Authorities of Merseyside. 

The PIP was an agreement between the Merseyside Passenger Transport Executive, Bus Operators and the Local Authority to facilitate improvement to the punctuality of bus services within Merseyside. The aim of the PIP being, as part of an improved public transport offer, to continually improve and then maintain the punctuality of bus services operating within or originate/termination within Merseyside.

The Cabinet was requested to ratify this agreement at the request of Merseytravel.

RESOLVED:

That the agreement described in this report be ratified as requested by Merseytravel.

The Deputy Chief Executive/Director of Corporate Services reported that Section 35 of the Planning and Compulsory Purchase Act 2004 required the Council to submit an Annual Monitoring Report to the Secretary of State by 31 December each year. The Report needed to cover progress on the Council’s Local Development Framework over the preceding period from 1 April to 31 March.

There was no requirement for public consultation on the content of the Annual Monitoring Report but copies of it were required to be made available for public inspection on the Council’s website.

RESOLVED: That it be a recommendation to Council that:

(1)  the Local Development Framework Annual Monitoring Report for 2008/2009 be approved for formal submission to the Secretary of State.

(2)  the Local Development Framework Annual Monitoring Report for 2008/2009, as submitted, be placed on the Council’s website for public inspection.

A report by the Director of Adult Social Services set out a strategy for commissioning Intermediate Care beds in Wirral in 2010-11 and beyond.  The proposals were set in the context of providing services available in each Locality and should be considered alongside proposals on the future of Council support services. The matter involved a key decision first identified in the Forward Plan dated July 2009.

RESOLVED: That

(1)  the strategic direction outlined in this report be noted,

(2)  the extension of existing arrangements for Intermediate Care services, commissioned on a 50:50 basis with NHS Wirral, from the Independent Sector until September 2010, be agreed, and

(3)  a further report on commissioning plans for October 2010 be presented to Cabinet, which should include proposals for the transitional arrangements from the current provision to that proposed in the report.

On 15 October 2009 the Cabinet had received a report that outlined the progress made in the provision of personal budgets and agreed that phase 2 of Wirral’s personal budget project was to be tested on a minimum 10% of people receiving community based services.  Authority was now requested by the Director of Adult Social Services to extend phase 2 of the pilot to all adults with a learning disability, all people recovering from stroke across Wirral and all people in Birkenhead locality.

RESOLVED:

That phase 2 of the personal budgets pilot be extended to all adults with learning disability, all people recovering from Stroke in the Birkenhead locality (paragraphs 2.1 to 2.6)

The Director of Law, HR & Asset Management advised the Cabinet that the Scrutiny Programme Board had considered a draft of this report and a draft Protocol in respect of the ‘Councillor’s Call for Action’ (CCfA) at its last meeting on 4 November 2009 and that the Board was happy with the Protocol.  It had been agreed that it be circulated to all Members of the Council requesting comments within a two week period.  This had been done and no comments had been received.  It had also been agreed that the draft Protocol would be referred to the Cabinet for comments and approval and then to the Council for adoption.

The Director of Law, HR and Asset Management had offered to prepare a checklist of evidence to help Members gather information to assist a Councillor Call for Action.  This had been drafted and would be considered by the Scrutiny Programme Board at its next meeting on 5 January 2010 with a proposal that it be appended to the Protocol.  Once agreed, it would also be referred to the Cabinet/Council for its comments/approval/adoption.  

The Cabinet noted that the CCfA should only be taken as a last resort when all other avenues available to a Councillor to address the identified problem have failed.

Members were pleased that the Scrutiny Programme Board had been able to take a detailed look at the draft Protocol and that it had its endorsement.

RESOLVED: That

(1)  the Protocol be recommended to the Council for its endorsement; and

(2)  the draft checklist of evidence be considered at a future meeting with a view to commenting on it before being appended to the Protocol and presented to the Council for adoption.

A report by the Director of Regeneration sought agreement of Wirral’s Anti-Social Behaviour Strategy (2009-2012), produced on behalf of the Crime & Disorder Reduction Partnership (CDRP).

RESOLVED:

That Wirral’s Anti-Social Behaviour Strategy 2009-2012 be agreed.

The Leader made the following announcements:

(a) New Chief Constable for Merseyside

Merseyside Police Authority had announced that John Murphy is the County’s new Chief Constable. Mr Murphy was a local man who had joined Merseyside police in 1976 and progressed through the ranks. He had a wealth of experience and had spent time as a Deputy Chief Constable in the National Crime Squad between 2001 and 2004 before returning to Merseyside.

RESOLVED – That Mr Murphy be congratulated on his appointment of Chief Constable for Merseyside.

(b)  Vauxhall’s Ellesmere Port Factory

Vauxhall workers were elated after learning their Ellesmere Port factory had escaped any job cuts and would revert back to a three – shift working system by 2011, General Motors, the owner, had revealed that job cuts would be made at German plants.

RESOLVED – That Vauxhall’s at Ellesmere Port be congratulated following the news that its future is secure.

The following items contain 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 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.

RESOLVED:

That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following 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. The public interest test has been applied and favours exclusion.

A report by the Director of Finance reviewed Council Tax charges for Second Homes, long-term empty homes and the annual option for the Council to set locally defined discount schemes.  Members were requested to decide if any amendments to current discounts should be brought into operation.

RESOLVED: That

(1)  with regard to Second Homes and Local Discounts, no amendment be made to the current discount levels for 2010-11;

(2)  with regard to Long Term Empty Properties, no amendment be made to the current discount level for 2010/11; and

(3)  with regard to discounts of 50% for the refuge and 75% for both flats, the discount continues to be awarded to Wirral Women and Children’s Aid for 2010/11.

The Cabinet’s approval was sought to retain the services of Adit North, a specialist public sector ICT consultancy, to undertake further work to advise the Council on the procurement and management of a world class next generation access network for Wirral.

The Director of Regeneration’s report informed that the cost of the Stage 1 and Stage 2 work would be above the procurement threshold for tendering purposes.

RESOLVED:

That the services of Adit North be retained by the Council to provide further consultancy support for the NGA project at a maximum cost of £121,500: this sum to be funded from the Working Neighbourhoods Fund.

The Director of Law, HR & Asset Management updated Members on the disposal process in respect of the Former Birkenhead Town Hall.

RESOLVED:

That the Hamilton Partnership be invited to proceed to the third stage of the disposal process.

The Director of Law, HR & Asset Management updated the Cabinet on the current situation regarding the proposed developments at Europa Boulevard/Conway Street, Conway Park, Birkenhead, to assist it to make recommendations on the appropriate way forward.

RESOLVED:

That the decision be deferred to the next meeting of the Cabinet scheduled for 14 January 2010.

The Director of Law, HR & Asset Management summarised the final submissions that had been received in respect of the Pacific Road Arts Centre and Wirral Tramway and recommended the appointment of a preferred bidder.

RESOLVED:

That Merseytravel be nominated as the preferred bidder and that the Director of Law, HR and Asset Management be authorised to negotiate and conclude any necessary legal documentation.

A report by the Director of Law, HR &Asset Management advised Members of the expressions of interest received for community asset transfer relating to Heswall Hall and Alexander Hall, Heswall with a recommendation that  Heswall Hall’s Steering Group be invited to proceed to the next stage.

RESOLVED:

That Heswall Hall’s Steering Committee progress to the next stage and be invited to submit further detailed proposals including a full business plan.

Cabinet’s approval was sought to accept the lowest tender, submitted by E J Horrocks Ltd., for works in Phase 4 (the final phase) of the Triangles Group Repair Scheme, following a competitive tendering process carried out in line with the Council’s Contract Procedure Rules. Concerns over the tendering process were raised.

In addition, approval was sought from Cabinet to vary the original scheme to include the Group Repair of 13 – 21 Mallaby Street and also to extend the boundary wall scheme to include 137 – 155 Norman Street.  The rationale for the variations was set out in the report of the Director of Regeneration.

RESOLVED: That

(1)  the acceptance of lowest the tender, submitted by E J Horrocks Ltd.,  for works in Phase 4 (the final phase) of the Triangles Group Repair Scheme, following a competitive tendering process carried out in line with the Council’s Contract Procedure Rules, be approved;

(2)  the variations to the original scheme, to include the Group Repair of 13 – 21 Mallaby Street and also to extend the boundary wall scheme to include Nos 137 – 155 Norman Street, be approved; and

(3)  the Chief Executive be requested to review Contract Procedure Rule 13. 

A report by the Director of Adult Social Services set out a number of options for change in the way support services are commissioned by the Department of Adult Social Services. The proposals were presented in the context of promoting self directed support and the need to realise significant financial efficiencies over the next three years.  The matter involved a key decision first identified in the Forward Plan dated November 2009.

RESOLVED: That

(1)  contracts for residential and nursing care be revised in accordance with para 3.6;

(2)  contracts for domiciliary care be revised in accordance with para 4.6; and

(3)  contracts for Supported Living Services be revised in accordance with para 4.8.