Meeting documents

Cabinet
Tuesday, 15th March, 2011 2.00 pm

Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
903 Apologies for absence.
 There were no apologies for absence.
904 Declarations of interest.
 The following declarations of interest were made:-

(a) Councillor Flewitt - Avro Viking Centre (Agenda Item 8) - Live in vicinity and made public comments - Personal;

(b) Councillor Moring - Avro Viking Centre (Agenda Item 8) - Family member attends the Centre - Personal;

(c) Councillor Robertson - Annual Procurement Plan (Agenda Item 12) - Non-Executive Director - Affinity Trust - Personal;

(d) Councillor Jarvis - Amalgamation of Thorpedene Infant and Junior Schools (Agenda Item 21) - Governor of both schools - Personal.
905 Minutes of the Meeting held on Tuesday, 11th January, 2011
 Resolved:-

That the Minutes of the Meeting held on Tuesday, 11th January 2011 be confirmed as a correct record and signed.
906 Minutes of the Meeting held on Wednesday, 26th January, 2011
 Resolved:-

That the Minutes of the Meeting held on Tuesday, 26th January 2011 be confirmed as a correct record and signed.
907 Minutes of the Meeting held on Tuesday, 1st March, 2011
 Resolved:-

That the Minutes of the Meeting held on Tuesday, 1st March 2011 be confirmed as a correct record and signed.
908 Notice of Motion - Restoration and resiting of the Millennium Clock
Scrutiny Comment for item 908
Business for item 908
Resolved:-

That the Millennium Clock remains in storage and that officers continue to work to identify a suitable location to site the clock.

Reason for Decision

To respond to the Notice of Motion

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee
Executive Councillor:- Robertson
*Called in to:- Community Services Scrutiny Committee and Economic & Environmental Scrutiny Committee
909 Notice of Motion - University Fees
Scrutiny Comment for item 909
Business for item 909
Resolved:-

That the motion not be adopted.

Reason for Decision

To respond to the Notice of Motion

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee
Executive Councillor:- Hadley
*Called in to:- Children & Lifelong Learning Scrutiny Committee
910 Notice of Motion - Avro Viking Centre
Scrutiny Comment for item 910
Business for item 910
Resolved:-

1. That this Council value highly the excellent service provided by Avro-Viking to adults with a learning disability living in Southend and fully appreciates how important these services are to them and to their family.

2. That it be noted that as part of our commitment to provide the best services possible discussions are taking place with relevant stakeholders about how all day services in Southend best meet the needs of adults with a learning disability within the context of promoting independence, improving choice, improving quality of life, and providing a safe environment.

The outcome of the review will be reported to Cabinet later this year and any changes that may be proposed will be subject to further detailed consultation.

Reason for Decision

To respond to the Notice of Motion

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Community Services Scrutiny Committee
Executive Councillor:- Waite
*Called in to:- Community Services Scrutiny Committee
911 Notice of Motion - Withdrawal of Permitted Development Rights in areas of Special Character
Scrutiny Comment for item 911
Business for item 911
Resolved:-

That the Corporate Director Enterprise, Tourism and the Environment be requested to prepare a report setting out the full effects of implementing an Article 4 Direction.

Reason for Decision

To respond to the Notice of Motion

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee
Executive Councillor:- Flewitt
*Called in to:- Economic & Environmental Scrutiny Committee
912 Monthly Performance Report to December 2010
Business for item 912
Resolved:-

That the report be noted.

Note:- This is an Executive Function.
Referred direct to Children and Lifelong Learning Scrutiny Committee, Community Services Scrutiny Committee and Economic and Environmental Scrutiny Committee.
*Referred to:- Children & Lifelong Learning Scrutiny Committee
*Referred to:- Community Services Scrutiny Committee
*Referred to:- Economic & Environmental Scrutiny Committee
913 Corporate Priority Indicators 2011/12
Scrutiny Comment for item 913
Business for item 913
Resolved:-

1. That the suggested 30 Corporate Priority Indicators for 2011/12 and their associated targets included in Appendix 2 (as circulated at the meeting), be approved.

2. That the list of 10 outward facing indicators and their associated targets included in Appendix 3 (as circulated at the meeting) be approved and a methodology developed to update this list throughout the year to reflect resident enquiries and national issues.

Reasons for Decision

To establish measures and targets against which the Council's performance against its agreed Corporate Priorities can be monitored.

Other Options

1. Retaining the 2010/11 Corporate Priority indicators for 2011/12. This would not reflect the changed circumstances or opportunities provided by central government in giving local government greater freedom to determine appropriate measures locally.

2. Not identifying any Corporate Priority or Outward Facing Indicators. This would leave the Council unable to monitor its performance against its key priorities or to assess whether resources are appropriately allocated.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee, Community Services Scrutiny Committee and Economic and Environmental Scrutiny Committee.
Executive Councillor: Holdcroft.
*Called in to:- Children & Lifelong Learning Scrutiny Committee and Community Services Scrutiny Committee and Economic & Environmental Scrutiny Committee
914 Annual Procurement Plan 2011/12
Business for item 914
Resolved:-

That the Annual Procurement Plan be approved, allowing Procurement Officers to commence with procuring goods, works and services, in accordance with the Contract Procedure Rules.

Reasons for Decision

To comply with the requirements of section 4(g) of the Council's Constitution.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
915 Quarter Three Treasury Management Report - 2010/11
Scrutiny Comment for item 915
Business for item 915
Resolved:-

1. That it be noted that Treasury management activities were carried out in accordance with the CIPFA (The Chartered Institute of Public Finance and Accountancy) Code of Practice for Treasury Management in the Public Sector during the period from April to December 2010.

2. That it be noted that the loan and investment portfolios were actively managed to minimise cost and maximise interest earned, whilst maintaining a low level of risk.

3. That it be noted that an average of £43.5m of investments were managed in-house. These earned £0.34m of interest during this nine month period at an average rate of 1.03%. This is 0.6% over the average 7 day LIBID and 0.53% over the bank base rate.

4. That it be noted that an average of £47.1m of investments were managed by fund managers. These earned £0.32m of interest during this nine month period at an average rate of 0.91%. This is 0.48% over the average 7 day LIBID and 0.41% over the bank base rate.

5. That it be noted that the level of borrowing from the Public Works Loan Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) increased from £155.3m to £195.3m during the period from April to December 2010.

Reasons for Decision

The CIPFA Code of Practice on Treasury Management recommends that Local
Authorities should submit reports regularly. The Treasury Management Policy
Statement for 2010/11 set out that reports would be submitted to Cabinet quarterly on the activities of the treasury management operation.

Other Options

There are many options available for the operation of the Treasury Management
function, with varying degrees of risk associated with them. The Treasury Management Policy aims to effectively control risk to within a prudent level, whilst providing optimum performance consistent with that level of risk.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
916 Mortgage Interest Rate - April 2011 to September 2011
Business for item 916
Recommended:-

(1) That it be noted that the current Local Average Rate of Interest has changed to 3.80% from the previous declared rate of 4.35% for the period up to April 2011.

2. That the Local Average Rate of Interest at 4.49% for the period from April 2011 to September 2011, be declared.

3. That the Council increase the Council's mortgage interest rate from 3.80% to 4.49% for the period from April 2011 to September 2011.

Reasons for Decision

To comply with the statutory requirements of the Housing Act 1985

Other Options

None

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
917 Updated Debt Collection and Recovery Strategy
Business for item 917
Resolved:-

1. That the updated Debt Collection and Recovery Strategy, as set out at appendix 1 to the submitted report, be approved.

2. That it be noted that the monitoring report on the Council's debit management position will be presented to Cabinet on a quarterly basis.

Reasons for Decision

The updated strategy has been informed by the work undertaken on the Delivering Excellence projects on payments and financial management processing and debt collection and debt raising process. The previous Debt Recovery Strategy covered Miscellaneous (Sundry) Debts and the updated Debt Collection and Recovery Strategy covers all types of debt.

Other Options

There are many options available for a Debt Collection and Recovery Strategy. However, the strategy attached as Appendix 1 to the submitted report enables robust processes to ensure the debt is collected yet allows flexibility to ensure that individual circumstances are taken into consideration, an affordable payment plan is negotiated and an appropriate level of enforcement is applied commensurate with the type of debt.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
918 The Future Governance of Culture Services
Scrutiny Comment for item 918
Business for item 918
Resolved:-

1. That the Cultural Services current mixed approach to governance/service delivery is acknowledged as being efficient and therefore, retained and regularly reviewed on an individual service basis. (The service is currently provided through a range of mechanisms which over the years have been adopted to meet good practice and deliver efficiencies).

2. That Cultural Services look to obtain economies of scale and value for money via shared services with other organisations, including Local Authorities.

3. That the cyclical strategic commissioning model be further developed to regularly review each service area against its objectives and identify the most appropriate individual mechanism to provide the required outcomes. The outcome of such reviews could recommend taking services back ‘in-house' as well as the option to externalise.

4. That the development of Social Enterprises be further explored by taking an incremental approach, with the possibility of ‘mutualisation' of Cultural Services on a service by service basis.

5. That the following changes to individual service mechanisms be pursued:

• Library Elmer Square - that alternative governance mechanisms be considered with the partners during the development of the new joint library at Elmer Square.

• Parks and Ground Maintenance - to undertake a benchmarking exercise with the private sector and then consider alternative governance mechanisms, including the social enterprise model, which enables competitive and entrepreneurial development into private sector markets for profit thus subsidising the Council's requirements.

(Further reports will be submitted to Cabinet when future recommendations emerge following the outcome of these projects).

6.That the following services remain as at present:

• Theatres - The current contractual arrangements with HQ Theatres continue.

• Leisure Centres - The contract for the management of leisure and sports centres be tendered as planned in 2012 and will include the possibility of Social Enterprises and Charitable Trusts as options.

• Museum Service - services remain in house.

• Arts Development - services remain as a hybrid between, in house, voluntary and provision by third party organisations such as Metal Culture.

Reasons for Decision

Following detailed investigations, the Task and Finish Group considered that the Council should retain its current mixed economy approach to the provision of cultural services for the reasons outlined in the submitted report.

Other Options

As set out in the submitted report.

Note:- This is an Executive Function.
Eligible for call in to Community Services Scrutiny.
Executive Councillor:- Jarvis.
*Called in to:- Community Services Scrutiny Committee
919 Annual Corporate Parenting Report
Business for item 919
Resolved:-

That the report be noted.

Reasons for Decision

None

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
920 Southend Children and Young People's Plan 2010 - 2013
Business for item 920
Resolved:-

That the proposed 2011-12 update of the Children and Young People's Plan, be approved.

Reasons for Decision

1. The priorities and actions in the Children and Young People's Plan build on previous plans, self-assessment, external assessment and wide consultation and will assist in the Council's journey to excellence.

2. This Children and Young People's Plan update has been developed and endorsed, as required, by the Southend Children's Partnership Executive.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
921 School Admission Arrangements 2012-12
Business for item 921
Recommended:-

1. That the admission numbers and admission criteria for community schools for September 2012, as set out in Appendices 1, 2 and 3 of the submitted report, be approved.

2. That no changes be made to the catchment areas for community primary schools or Shoeburyness High School (as set out in Appendices 4 and 5 of the submitted report).

Reasons for Decision

The Council needs to ensure that admissions arrangements comply with the School Admissions Code.

Other Options

None

Note:- This is a Council Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
922 Home to School Transport Policy
Scrutiny Comment for item 922
Business for item 922
Resolved:-

That the proposed amendments to the Home to School Transport Policy, be approved.

Reasons for Decision

To approve an amended policy in compliance with the Education and Inspection Act 2006.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
*Called in to:- Children & Lifelong Learning Scrutiny Committee
923 The amalgamation of Thorpedene Infant and Thorpedene Junior Schools
Business for item 923
Resolved:-

That the amalgamation of Thorpdene Infant School and Thorpdene Junior School proceeds.

Reasons for Decision

The benefits underpinning the decision are set out in paragraph 3.1 of the report to Cabinet held on 2nd November 2010.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
924 Nursery provision at Hinguar Primary School
Business for item 924
Resolved:-

That Officers undertake an informal consultation exercise to gauge local opinion and proceed to Statutory Notices via delegated authority if feedback is favourable.

Reasons for Decision

There is a statutory requirement to ensure a sufficient supply of high quality childcare across Southend and specifically for these purposes, in the Shoeburyness area.

Other Options

It is necessary to consult because of the identified need for nursery provision in the area. The consultation will identify whether other options are feasible, including expanding existing provision.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
925 Annual Report on Safeguarding
Business for item 925
Resolved:-

That the report be noted.

Reasons for Decision

To keep the Council informed of the position in respect of safeguarding children in Southend.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Hadley.
926 Regulatory Services Enforcement Policy Report
Scrutiny Comment for item 926
Business for item 926
Resolved:-

1. That the Regulatory Services Enforcement Policy attached as Appendix 1 of the submitted report, be approved.

2. That the policy be updated where there are significant changes to the legislation.

Reasons for Decision

There is a legal requirement to publish an enforcement policy for Regulators which takes into account legislation and centrally issued guidance on enforcement activities. The Regulatory Services Enforcement Policy has been prepared taking into account both the legislation and centrally issued guidance.

The Regulatory Services Enforcement Policy has been subject to a formal consultation process.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Cox
*Called in to:- Economic & Environmental Scrutiny Committee
927 Local Transport Plan 3 [LTP3] and Local Sustainable Transport Fund [LSTF]
Scrutiny Comment for item 927
Business for item 927
Resolved:-

1. That the Council adopt the Local Transport Plan 3.

2. That the Council support the implementation plan along the lines of the four "action areas"

3. That the Department for Transport (DfT)/Government position on transport funding, be noted.

4. That the Corporate Director Enterprise, Tourism and the Environment, in consultation with the Portfolio Holder for Planning and Transport, and Head of Finance and Resources be authorised to submit the LSTF bid.

Reasons for Decision

To enable the Council to meet its statutory obligations and have a Local Transport Plan 3 in place by 1st April 2011.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Flewitt
*Called in to:- Economic & Environmental Scrutiny Committee
Part I Report(s) on minor matters and for information
928 Minutes of the Meeting of Pier and Foreshore Working Party held on Monday, 28th February, 2011
Business for item 928
Resolved:-

1. That access to East Beach Car Park be permitted from 9.00 a.m. to 6.00 p.m. daily during the summer period (1 May to 30 September) only.

2. That the existing layout of the car parking area be retained.

3. That the use of metal shin rail not be progressed and that existing wooden bollards be retained.

4. That the controlled use of the car park be managed using the existing lockable gate.

5. That the charges for the use of this area of car park be the same as the other pay and display areas within the East Beach Car Park.

6. That the Traffic and Parking Working Party and Cabinet Committee be authorised to undertake consultation on amendments to the Traffic Regulation Order, including the introduction of parking restrictions along Blackgate Road (between the East Beach Caravan Park and the entrance to the Blackgate Road Car Park) during the period when the car park is open.

Reasons for Decision

To respond to the petition received by Council on 15th July 2010.

Other Options

None.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Waite.
929 Minutes of the Meeting of Grants Strategy Working Party held on Tuesday, 1st March, 2011
Business for item 929
Resolved:-

1. That the following applications be approved for financial assistance from the Main Grants Programme for the sums detailed as follows:

A003 (SOS Domestic Abuse Project) - £17,300
A024 (Southend Vineyard) - £20,000
A009 (Relate South Essex)- £18,000
A015 (Southend Estuary Explorer Scouts)- £5,000
A027 (SOS Bus Project) - £20,000
A001 (Southend Mencap) - £7,758
A016 (Trust Links) - £6,000
A028 (HARP) - £105,000
A019 (South East Essex Advocacy for Older People) - £15,000
A013 (Earls Hall Baptist Church Community Support Scheme) - £12,250
A006 (Disability Essex) - £12,500
A026 (Southend Credit Union) - £27,000
A002 (Autism Anglia) - £2,600
A004 (The London Theatre Bus Company) - £5,500
A007 (SAVS) - £62,000
A010 (Southend Citizens Advice Bureau) - £190,000
A012 (Safer Places) - £10,000
A034 (Milton Community Partnership) - £3,000
A029 (Southend Carers Forum) - £12,500
A005 (Trinity Family Centre) - £8,000
A021 (Age Concern) - £16,000
A020 (DIAL Southend) - £35,000
A035 (Royal Association for Deaf People (RAD)) - £9,500
A014 (Southend Sea Cadets) - £3,100
A018 (The Essex Pirates Basketball Club) - £5,000
A008 (Victim Support) - £1,000
A031 (Southend-on-Sea Carnival Association) - £1,000.

2. That the following applications for financial assistance from the Main Grants Programme 2011/12 be declined for the reasons detailed in the submitted report:

A023 (Zinc)
A025 (RSPCA Essex South & Southend Branch)
A032 (Southend Malayee)
A022 (Urban Music Collective)
A011 (Crossroads Care Essex)
A017 (Lower Thames Rowing Club)
A033 (Play Planet Family Project)
A030 (Whitehouse Play Group).

3. That the following applications for financial assistance from the Community Chest be approved for the sums detailed as follows:

C001(University of the Third Age) - £684.97
C002 (Crossroads Care Essex) - £1,730
C003 (The Soldiers, Sailors, Airmen and Families Association (SSAFA Forces Help)) - £1,000
C004 (Southend Community in Harmony Partnership) - £2,000
C005 (Southend Older People's Assembly) - £ 1,200
C007 (St David's Lunch Club) - £400
C008 (Westcliff Free Church) - £600
C009 (Southend-on-Sea Art Club) - £910
C013 (Southend-on-Sea Carnival Association) - £1,600

4. That the following applications for financial assistance from the Community Chest be declined for the reasons detailed in the submitted report:

C006 (The Campus Chaplaincy)
C010 (The Southend Ethnic Minority Forum)
C011 (RSPCA Essex South and Southend Branch)
C012 (Chase Road Community Centre)

5. That the remaining balance of £7367.03 of the 2011/12 grants budget be retained for the in-year grants programme.

6. That the "Third Sector Commissioning Strategy" be approved as the model for funding the Voluntary and Community Sector in Southend from 2012/13 as set out in Appendix 4 of the submitted report.

7. That Kelly Clarke be congratulated and thanked for her continued hard work in supporting the Voluntary Sector.

Reasons for decision

The Voluntary Sector in Southend provides a wide range of services of benefit to the community, a number of which would otherwise be likely to be needed to be provided directly by the Council.

Other options

Do nothing. Whilst there is no statutory duty to provide grants to the voluntary sector, the Council has historically provided financial support to voluntary organisations in the Borough where their activities benefit residents and contribute to the Council's aims and objectives.

Note: This is an Executive function.
Eligible for call-in to the Economic & Environmental Scrutiny Committee
Executive Councillor: Lamb
930 Essex Fire Authority - Report to Constituent Authorities and Minutes of the Meeting held on 8th December 2010
 Resolved:-

That the Report be received and noted.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Council Representatives:- Mrs Holland, Wexham and Mrs Evans.
Executive Councillor:- Cox.
931 Essex Police Authority - Minutes of the Meeting held on 27th January 2011
 Resolved:-

That the Minutes of this meeting be received and noted.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Council Representative on the Policy Authority:- Robertson.
Executive Councillor:- Cox.
932 Council Procedure Rule 46
Scrutiny Comment for item 932
Resolved:-

That the report be noted.

Note:- This is an Executive Function.
Eligible for call in as appropriate to the item.
Executive Councillor:- As appropriate to the item.
*Called in to:- Community Services Scrutiny Committee and Economic & Environmental Scrutiny Committee
933 Exclusion of the Public.
 Resolved:-

That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the item of business set out below on the grounds that it involved the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II
934 Compulsory Purchase of 2 Family Properties in Southend-on-Sea
  • (Attachment: 45)Report from the Corporate Director Adult and Community Services
Business for item 934
Resolved:-

1. That subject to a detailed legal analysis, the Corporate Director of Support Services, in consultation with the Portfolio Holder for Corporate Services, be authorised to initiate proceedings for compulsory purchases in the event the current owners refuse to bring the properties up to an acceptable standard.

2. That the sum identified in the submitted report plus purchase and legal costs be included within the 2012/13 Capital Programme.

Reasons for Decision

As set out in the submitted report.

Other Options

As identified in the submitted report.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
935 Minutes of the Meeting of The Honours and Holocaust Memorial Day Working Party held on Wednesday, 9th March, 2011
Business for item 935
Resolved:-

That Mitchell Certificates be awarded to Mr P Vadden, Mr N Corrigan, Mr E Spacey and Mr G Cullen.

Reasons for Decision

To recognise the act of personal courage of the officers.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny.
Executive Councillor:- Moring.
2.00pm/2.55pm

Attendance Details

Present:
Cllr N Holdcroft (Chairman), Cllr T Cox, Cllr M A Flewitt, Cllr R E Hadley, Cllr D J Jarvis, Cllr J L Lamb, Cllr A J Moring, Cllr I T Robertson, Cllr A Waite
In attendance:
Councillors Ashley, Godwin, Lewin and Roast
R Tinlin, J K Williams, A Lewis, S Cook, S Leftley, J Ruffle, J Chesterton, K Best, S Ullah, C Gamble

Scrutiny Comment

ItemComment
908 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Resolved:-

That the following decision of Cabinet be noted:-

"That the Millennium Clock remains in storage and that officers continue to work to identify a suitable location to site the clock."

Note:- This is an Executive Function.
Executive Councillor:- Robertson.
909 Called in by Councillors I D Gilbert and Mrs M L Borton.
Final call on 23/03/2011 at 13:58
Supported by R Woodley, M Terry
910 Called in by Councillors R Woodley and M Terry.
Final call on 25/03/2011 at 13:34
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That this Council value highly the excellent service provided by Avro-Viking to adults with a learning disability living in Southend and fully appreciates how important these services are to them and to their families.

2. That it be noted that as part of our commitment to provide the best services possible discussions are taking place with relevant stakeholders about how all day services in Southend best meet the needs of adults with a learning disability within the context of promoting independence, improving choice, improving quality of life, and providing a safe environment.

The outcome of the review will be reported to Cabinet later this year and any changes that may be proposed will be subject to further detailed consultation."

Note:- This is an Executive Function.
Executive Councillor:- Waite.
911 Called in by Councillors I D Gilbert and Mrs M L Borton.
Final call on 23/03/2011 at 13:59
Supported by R Woodley, M Terry
Resolved:-

That the following decision of Cabinet be noted:-

"That the Corporate Director Enterprise, Tourism and the Environment be requested to prepare a report setting out the full effects of implementing an Article 4 Direction."

Note:- This is an Executive Function.
Executive Councillor:- Flewitt.
913 Called in by Councillors I D Gilbert and Mrs M L Borton.
Final call on 23/03/2011 at 13:59
Resolved:

That the following decision of the Cabinet be noted:

"1. That the suggested 30 Corporate Priority Indicators for 2011/12 and their associated targets included in Appendix 2 (as circulated at the meeting), be approved.

2. That the list of 10 outward facing indicators and their associated targets included in Appendix 3 (as circulated at the meeting) be approved and a methodology developed to update this list throughout the year to reflect resident enquiries and national issues."

Note:- This is an Executive Function.
Executive Councillor: Holdcroft.
915 Called in by Councillors R Woodley and M Terry.
Final call on 25/03/2011 at 13:34
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That it be noted that Treasury management activities were carried out in accordance with the CIPFA (The Chartered Institute of Public Finance and Accountancy) Code of Practice for Treasury Management in the Public Sector during the period from April to December 2010.

2. That it be noted that the loan and investment portfolios were actively managed to minimise cost and maximise interest earned, whilst maintaining a low level of risk.

3. That it be noted that an average of £43.5m of investments were managed in-house. These earned £0.34m of interest during this nine month period at an average rate of 1.03%. This is 0.6% over the average 7 day LIBID and 0.53% over the bank base rate.

4. That it be noted that an average of £47.1m of investments were managed by fund managers. These earned £0.32m of interest during this nine month period at an average rate of 0.91%. This is 0.48% over the average 7 day LIBID and 0.41% over the bank base rate.

5. That it be noted that the level of borrowing from the Public Works Loan Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) increased from £155.3m to £195.3m during the period from April to December 2010."

Note:- This is an Executive Function.
Executive Councillor:- Moring.
918 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Supported by R Woodley, M Terry
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the Cultural Services current mixed approach to governance/service delivery is acknowledged as being efficient and therefore, retained and regularly reviewed on an individual service basis. (The service is currently provided through a range of mechanisms which over the years have been adopted to meet good practice and deliver efficiencies).

2. That Cultural Services look to obtain economies of scale and value for money via shared services with other organisations, including Local Authorities.

3. That the cyclical strategic commissioning model be further developed to regularly review each service area against its objectives and identify the most appropriate individual mechanism to provide the required outcomes. The outcome of such reviews could recommend taking services back ‘in-house' as well as the option to externalise.

4. That the development of Social Enterprises be further explored by taking an incremental approach, with the possibility of ‘mutualisation' of Cultural Services on a service by service basis.

5. That the following changes to individual service mechanisms be pursued:

• Library Elmer Square - that alternative governance mechanisms be considered with the partners during the development of the new joint library at Elmer Square.

• Parks and Ground Maintenance - to undertake a benchmarking exercise with the private sector and then consider alternative governance mechanisms, including the social enterprise model, which enables competitive and entrepreneurial development into private sector markets for profit thus subsidising the Council's requirements.

(Further reports will be submitted to Cabinet when future recommendations emerge following the outcome of these projects).

6.That the following services remain as at present:

• Theatres - The current contractual arrangements with HQ Theatres continue.

• Leisure Centres - The contract for the management of leisure and sports centres be tendered as planned in 2012 and will include the possibility of Social Enterprises and Charitable Trusts as options.

• Museum Service - services remain in house.

• Arts Development - services remain as a hybrid between, in house, voluntary and provision by third party organisations such as Metal Culture."

Note:- This is an Executive Function.
Executive Councillor:- Jarvis.
922 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Resolved:

That the following decision of Cabinet be noted:

"That the proposed amendments to the Home to School Transport Policy, be approved."

Note:- This is an Executive Function.
Executive Councillor: Hadley
926 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the Regulatory Services Enforcement Policy attached as Appendix 1 of the submitted report, be approved.

2. That the policy be updated where there are significant changes to the legislation."

Note:- This is an Executive Function.
Executive Councillor:- Cox.
927 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Supported by I D Gilbert, Mrs M L Borton, R Woodley, M Terry
Resolved:-

That the following decisions of Cabinet be noted:-

"1. That the Council adopt the Local Transport Plan 3.

2. That the Council support the implementation plan along the lines of the four "action areas"

3. That the Department for Transport (DfT)/Government position on transport funding, be noted.

4. That the Corporate Director Enterprise, Tourism and the Environment, in consultation with the Portfolio Holder for Planning and Transport, and Head of Finance and Resources be authorised to submit the LSTF bid."

Note:- This is an Executive Function.
Executive Councillor:- Flewitt
932 Called in by Councillors G Longley and J Clinkscales.
Final call on 23/03/2011 at 13:56
Resolved:-

That the following decision of Cabinet be noted:-

"That the report be noted."

Note:- This is an Executive Function.
Executive Councillor:- As appropriate to the item.

Business

ItemBusiness
908At the meeting of Council held on 3rd March 2011, Members received the following Notice of Motion in relation to the Restoration and resiting of the Millenium Clock, which was proposed by Councillor Longley and seconded by Councillor Clinkscales (this had been referred to Cabinet in accordance with Standing Order 8.4).

"This Council recognises the historical significance of the Millennium Clock in the Town Centre and believes that it should be retained as an acknowledgement and celebration of that important year.

It supports measures to be taken in order to repair and revitalise the clock and its workings to provide a point of reference and meeting point for the residents and visitors to this town.

It therefore calls upon the officers to take immediate measures to restore the clock and retain it at or near its current position prominently displayed and visible to all."
909At the meeting of Council held on 3rd March 2011, Members received the following Notice of Motion in relation to University Fees which was proposed by Councillor Terry and seconded by Councillor Woodley (this had been referred to Cabinet in accordance with Standing Order 8.4).

"This Council, mindful of the towns University status, deplores the Coalition Governments plans through the Secretary of State for Education to force students to pay more for their University education by entering into further borrowing.

We fear that through our students need to access higher education, this Coalition Government policy could either leave them with a large debt for many years to come or even worse lead them to consider bankruptcy in their early lives as their only means of ridding themselves of this financial burden".
910At the meeting of Council held on 3rd March 2011, Members received the following Notice of Motion in relation to the Avro Viking Centre which was proposed by Councillor Stafford and seconded by Councillor Woodley (this had been referred to Cabinet in accordance with Standing Order 8.4).

"I wish to propose that the Council maintains the facilities of the Avro-Viking centre and resists any attempts to withdraw funding from this facility which is much needed for our most vulnerable residents of our Borough.

This facility not only cares and looks after our residents but it is also a community within a community where our residents have together developed friends and relationships over a number of years.

While our most vulnerable residents are at this centre this gives a great comfort to their carers and a very much needed break from the considerable time, care and attention that carers devote to their charges.

Therefore in proposing this motion, I urge the Council to consider very carefully about any changes they might be considering in this area and state that this facility will be protected and maintained for our residents that are in most need".
911At the meeting of Council held on 3rd March 2011, Members received the following Notice of Motion in relation to the Withdrawal of Permitted Development Rights in areas of Special Character which was proposed by Councillor Woodley and seconded by Councillor Lamb (this had been referred to Cabinet in accordance with Standing Order 8.4).

"Several areas of the borough were originally developed having particular regard to the character and needs of the community, styles, or built forms and massing to reflect the area. Many of the buildings in these areas have been the subject of alteration and/or extension through the planning process but also many have benefitted from permitted development rights which has increased the density of the area and altered the character. This applies especially to bungalow areas where increased density has created over development turning bungalows into houses.

While it is recognised that redevelopment and conversion can make an important contribution to the housing supply, the Council, having regard to the need to maintain our bungalow and small housing stock, must be minded to protect these areas from these over intensive developments by Housing developers and owners.

These changes can and have dramatically altered the character and quality of those localities not just visually but demographically as well and we are concerned to ensure we retain the remaining areas as "areas of special character".

Regrettably bungalows as single storey buildings are particularly vulnerable to development using permitted development rights as we have seen in a recent appeal case.

It is with this in mind that we propose the Council should seek to withdraw permitted development rights in areas of special character by policy and adopting an Article 4 direction for specific areas of bungalows. In doing so we would protect these areas, maintain a balanced housing stock and enable many of our residents to remain in their own homes for as long as possible".
912The Cabinet considered the Monthly Performance Report (circulated separately).
913The Cabinet considered a report by the Chief Executive and Town Clerk setting out 30 suggested Corporate Priority Indicators and their associated targets to be used to monitor and report on the Council's progress towards its 2011/12 priorities. The report also sought agreement on 10 outward facing indicators for 2011/12 which could change during the year to reflect priorities identified through an analysis of resident enquiries and national issues.

At the meeting revised versions of appendices 2 and 3 of the report were circulated to Members.
914The Cabinet considered a report (revised) by the Chief Executive and Town Clerk proposing the adoption of the Council's Annual Procurement Plan for 2011/12.

A revised report was tabled at the meeting.
915The Cabinet considered a report by the Corporate Director Support Services outlining the treasury management activity for the period from April to December 2010.
916The Cabinet considered a report prepared by the Corporate Director Support Services in compliance with Section 438 of the Housing Act 1985 which required the Council to declare the Local Average Rate of Interest on its mortgages at six monthly intervals.
917The Cabinet considered a report by the Corporate Director Support Services proposing the adoption of the updated Debt Collection and Recovery Strategy.
918The Cabinet considered a report by the Corporate Director Adult and Community Services outlining the findings and recommendations of the "Future Governance of Cultural Services Task and Finish Group" following investigations into the benefits of alternative governance models/service delivery mechanisms for the provision of Cultural Services.
919The Cabinet considered a report by the Corporate Director Children and Learning setting out an annual report on the progress and outcomes in respect of Children who are Looked After by the Council.
920The Cabinet considered a report by the Corporate Director Children and Learning presenting the proposed 2011-12 update of the Children and Young People's Plan (CYPP).
921The Cabinet considered a report by the Corporate Director Children and Learning which sought approval to the proposed school admission arrangements for community schools for the September 2012 round of admissions.
922The Cabinet considered a report by the Corporate Director Children and Learning setting out the outcome of the public consultation on the proposed changes to the home to school policy.
923The Cabinet considered a report by the Corporate Director Children and Learning informing Members of the outcome of the publication of the statutory notice on the proposal to amalgamate Thorpedene Infant and Thorpedene Junior Schools.
924The Cabinet considered a report by the Corporate Director Children and Learning which sought permission to consult on the development of nursery provision to Hinguar Primary School when it moves to its new building in Gunner Park in September 2012.

The Interim Corporate Director Children and Learning confirmed that provision for the nursery was included within the existing Capital Programme.
925The Cabinet considered a report by the Corporate Director Children and Learning providing an annual assurance assessment for the Council in respect of its responsibilities for safeguarding children in Southend.
926The Cabinet considered a report by the Corporate Director Enterprise, Tourism and the Environment which sought approval to adopt the Regulatory Services Enforcement Policy.
927The Cabinet considered a report by the Corporate Director Enterprise, Tourism and the Environment which sought approval (i) for the Local Transport Plan 3 strategy and implementation plan to meet the deadline submission date to Central Government of 31st March 2011 and (ii) to prepare and submit a bid to the DfT Local Sustainable Transport Fund in Tranche 1 (small projects) by 18th April 2011.
928The Cabinet considered a recommendation of the Pier and Foreshore Working Party concerning the East Beach Car Park.
929The Cabinet considered a recommendation of the Grants Strategy Working Party on grants to voluntary organisations in 2011-12.
934The Cabinet considered a report by the Corporate Director Adult and Community Services on the above.
935The Cabinet considered the recommendation of the Working Party on the award of Mitchell Certificates to four Council Officers.

 

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