Part I
844
Apologies for absence.
There were no apologies for absence.
845
Declarations of interest.
The following declarations of interest were made: (a) Councillor Cox - Accommodation Proposal for Seabrook College (agenda item 12) - non-pecuniary interest - Trustee of Shoebury Community Centre Trust/wife works for hirer of Thorpedene Community Centre. (b) Councillor Jarvis - Accommodation Proposal for Seabrook College (agenda item 12) - non-pecuniary interest - Trustee of Shoebury Community Centre Association. (c) Councillor Moring - Learning Disability Strategy (agenda item 17) - non-pecuniary interest - Family member uses services. (d) Councillor Moring - Review of Learning Disability Day Services (agenda item 18) - non-pecuniary interest - Family attends day centre.
846
Minutes of the Meeting held on Tuesday, 21st January, 2014
Resolved:- That the Minutes of the Meeting held on Tuesday 21st January 2014 be confirmed as a correct record and signed.
847
Minutes of the Meeting held on Thursday, 13th February, 2014
Resolved:- That the Minutes of the Meeting held on Tuesday 13th February 2014 be confirmed as a correct record and signed.
848
Pre-Cabinet Scrutiny Items
- Implementation of Southend-on-Sea's SEN Strategy 2013-2016 - Homelessness Prevention Strategy 2014-17 - Learning Disability Day Services - Tenancy Policy 2014-19
849
Notice of Motion - Community Pubs
Resolved:- That the Notice of Motion be rejected, as more effective means of protecting important community pubs exist. Reason for Decision To respond to the Notice of Motion. Other Options As set out in the submitted report. Note:- This is an Executive Function. Not eligible for call-in as the matter had previously been the subject of call-in (Scrutiny Procedure Rule 15(e)(ii) refers). Executive Councillor:- J Garston.
850
Notice of Motion - Fixed-Odds Betting Terminals
Resolved:- 1. That the Council should write to the Secretary of State requesting that betting shops be re-classified as 'sui generis' use for planning purposes (which would ensure planning permission is required for any change of use involving a betting shop). 2. That the Head of Planning and Transport be requested to consider a planning policy approach that would prevent betting shop clusters in the High Street and similar retail areas. Reason for Decision To respond to the Notice of Motion. Other Options None. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- Cox*Called in to:- Place Scrutiny Committee
851
Monthly Performance Report
Resolved:- That the submitted report be noted. Note:- This is an Executive Function. Referred direct to all three Scrutiny Committees. Executive Councillor:- As appropriate to the item.
852
Quarter Three Treasury Management Report - 2013/14
Resolved:- 1. That the Quarter Three Treasury Management Report for 2013/14, be approved 2. 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 from April to December 2013. 3. 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. 4. That it be noted that an average of £54.4m of investments were managed in-house. These earned £0.20m of interest during this nine month period at an average rate of 0.49%. This is 0.13% over the average 7-day LIBID and 0.01% under bank base rate. 5. That it be noted that an average of £24.5m of investments were managed by fund managers. These earned £0.14m of interest during this nine month period at an average rate of 0.76%. This is 0.40% of the average 7-day LIBID and 0.26% over bank base rate. 6. That it be noted that the level of borrowing from the Public Works Loan Bond (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) decreased from £246.8m to £241.8m (HRA: £84.5m, GF: £157.3m) from April to December 2013. Reason for Decision The CIPFA Code of Practice on Treasury Management recommends that Local Authorities should submit reports regularly. The Treasury Management Policy Statement for 2013/14 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 Policy & Resources Scrutiny Committee. Executive Councillor:- Moring.*Called in to:- Policy and Resources Scrutiny Committee
853
Mortgage Interest Rate - April 2014 to September 2014
Recommended:- 1. That it be noted that the current Local Average Rate of Interest has changed to 4.43% from the previous declared rate of 4.60% for the period from December 2013 to March 2014. 2. That the Local Average Rate of Interest be declared at 4.70% for the period from April 2014 to September 2014. 3. That the Council's mortgage interest rate be increased from 4.43% to 4.70% for the period from April 2014 to September 2014. Reason 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 Policy & Resources Scrutiny Committee. Executive Councillor:- Moring.
854
Business Rates Discretionary Relief Policy
Resolved:- 1. That the award of retail relief of up to £1,000 to qualifying businesses in occupation of retail premises which have a rateable value of £50,000 or less in accordance with Discretionary Rate Relief powers for the financial years 1st April 2014 to 31st March 2015 and 1st April 2015 to 31st March 2016 only, be approved. 2. That it be noted that the businesses to qualify for the relief must be retail as detailed in paragraph 4.5 of the submitted report. 3. That it be noted that where a ratepayer demonstrates their entitlement to the retail relief, the Revenues Manager has the authority to award the relief. 4. That the award of relief for properties that are newly built and completed between 1st October 2013 and 30th September 2016 be approved and that they will be exempt from empty property rates for up to 18 months subject to state aid limits. 5. That a 50% discount for up to 18 months, for ratepayers occupying certain types of retail properties that had previously been empty for at least 1 year, be approved. Additionally, properties reoccupied between 1st April 2014 and 31st March 2016 inclusive will qualify for this discount subject to state aid limits. 6. That it be noted that the Council, through the National Non Domestic Rate return process, seek full reimbursement of the cost of this relief through Central Government. 7. That the amended Business Rates Discretionary Relief Policy as set out in appendix A to the submitted report, be approved. Reason for Decision Central Government expects local authorities to grant relief to qualifying ratepayers and will fully reimburse billing authorities for the actual cost to them under the rates retention scheme. They are also expecting local authorities to amend their current business rates discretionary relief policy to enable the granting of the new relief benefits. Other Options As the award of the relief is discretionary the Council could choose not to grant the relief. Note:- This is an Executive Function. Eligible for call-in to Policy & Resources Scrutiny Committee. Executive Councillor:- Moring.*Called in to:- Policy and Resources Scrutiny Committee
855
PSP Southend LLP - Project Approval
Resolved:- 1. That it be noted that the disposal of Saxon Lodge was agreed by Cabinet on 1st November 2011. 2. That the delivery of the development on Saxon Lodge through PSP Southend LLP, in conjunction with the former Hinguar Primary School site (already opted-in to the partnership), as set out in the submitted report, be approved. 3. That an Option Agreement be granted by the Council to the LLP for the Saxon Lodge site. Reason for Decision To progress the project. Other Options 1. The Council could sell the Saxon Lodge site itself, lose an element of control and take a direct market value without sharing in the development profit and the added benefits. 2. The Council could work Saxon Lodge up separately with an alternative developer, however, the added share of developer profit would not be captured as with the LLP proposal. Note:- This is an Executive Function. Eligible for call-in to Policy & Resources Scrutiny Committee. Executive Councillor:- Moring.
856
Accommodation proposal for Seabrook College
Resolved:- 1. That the challenges be noted and that the necessary action to improve outcomes for this vulnerable group of young people, including the proposed accommodation changes, be approved. 2. That the Crown College building be acquired on a leasehold basis by the Council and a provision be made in the budget for the estimated rent and running costs of £100,000 per annum to include rent of no more than £50,000 per annum which will be funded from the Schools Revenue Budget. The capital costs of any necessary improvements, alterations and set-up costs will be met by Seabrook College along with the securing of an option to purchase or a right of pre-emption in the lease by officers. 3. That the terms for a lease be agreed with Eastwood School to enable the expansion of the nurture provision there and a provision be made for the estimated rent and running costs of £40,000 per annum to include no more than £20,000 per annum initial rent funded from the Schools Revenue Budget. Any necessary adaptations and improvements to make the available space fit-for-purpose will be funded by Seabrook College. 4. That once the Shoebury Centre at the Renown is vacated, it be declared surplus and considered for demolition (subject to the Secretary of State's approval) pending disposal and/or the redevelopment of the wider area (including Friars Library and Community Centre). 5. That Seabrook College continues to operate out of Priory School as its main base. 6. That the accommodation at Stock Road be maintained for the foreseeable future for vocational courses and reviewed in the longer term. 7. That agreement to detailed terms of any leasing arrangements be delegated to the Head of Finance and Resources in consultation with the Executive Councillors for Children and Learning and Corporate Support Services. Reason for Decision To enable changes in the accommodation for Seabrook College to meet service needs and to ensure its continued improvement. Other Options 1. Continuing with the existing accommodation has been considered. Whilst with investment the accommodation could be improved, this will not resolve all the issues and meet the current service needs of the school efficiently. 2. Options for alternative sites for primary and secondary provision have been considered but discounted either because they were deemed non-viable on account of space and/or cost and/or availability. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee and Policy & Resources Scrutiny Committee. Executive Councillors:- Courtenay and Moring.*Called in to:- People Scrutiny Committee
857
Annual Procurement Plan 2014/15
Resolved:- That the Annual Procurement Plan, be approved. Reason 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 Policy & Resources Scrutiny Committee. Executive Councillor:- Moring.
858
Annual Report on the Implementation of Southend on Sea's SEN Strategy 2013-2016
Resolved:- 1. That the submitted report be noted. 2. That the progress of the Strategy be noted. Reason for Decision To inform Members of the progress made in implementing the SEN Strategy. Other Options None. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Courtenay. This matter had previously been subject to pre-Cabinet scrutiny. *Called in to:- People Scrutiny Committee
859
Autism Spectrum Conditions Draft Commissioning Strategy
Resolved:- That the Autism Strategy and Action Plan be endorsed for formal public consultation and subsequent implementation. Reason for Decision There is a legal requirement on each local area for the development of a commissioning plan for services for adults with autism that reflects the local Joint Strategic Needs Assessment (JSNA) and other relevant data around prevalence. Other Options None. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Salter.*Called in to:- People Scrutiny Committee
860
Homelessness Prevention Strategy 2014-17
Resolved:- 1. That the Homelessness Prevention Strategy 2014-17 be endorsed for publication. 2. That an annual report on progress in achieving the aims and actions of the strategy and setting out proposed actions for the year ahead, be produced and reported back to Cabinet 12 months after implementation. Reason for Decision To fulfil the Council's statutory commitments under the Homelessness Act 2002. Other Options None. This is an Executive Function. Eligible for call-in to Policy & Resources Scrutiny Committee. Executive Councillor:- Moring. This matter had previously been subject to pre-Cabinet scrutiny. *Called in to:- People Scrutiny Committee
861
Draft Commissioning Strategy: Learning Disabilities
Resolved:- That the Learning Disability Strategy and Action Plan be endorsed for formal consultation and subsequent implementation. Reason for Decision To enable a formal consultation to take place on the Learning Disability Strategy in order that a robust Action Plan can be finalised to improve the lives of adults with learning disabilities and their carers. Other Options None. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Salter.*Called in to:- People Scrutiny Committee
862
Outcome of the Formal Consultation on the Proposals for the Future Provision of In house Day Services for People with Learning Disabilities
Resolved:- 1. That the response from the public consultation as detailed in appendix 1 to the submitted report, be noted. 2. That 49 Alexandra Street and the two satellite units (Ambleside and St. James) be designated as the permanent sites for service provision for the Avro service users and that the Avro service ceases to operate from its current site. 3. That the building work at 49 Alexandra Street be commissioned and funded from the Capital Capacity Grant. 4. That once all service users have transferred to Project 49 and settled in, plans are put in place to discontinue the use of the existing Avro building. 5. That in the short term, no change is made to the service provision at Viking. Options should be explored for relocation to a new building and proposals brought to Cabinet in due course. 6. That, where there is any impact on staff, the Council's Human Resources process will be followed. 7. That the proposed final savings and capital investment as part of the Council's budget process for 2014/15, be noted. Reason for Decision To ensure the views of service users, staff, advocates and carers are considered and to provide modern, high-quality support for people with learning disabilities. Other Options 1. Project 49 and satellite sites could be closed and all service delivery returned to the original Avro site. This would be contrary to current best practice, national policy directives and the results of the consultation. 2. The Avro service could continue to be run from its current site in addition to continuing with Project 49 and its satellite sites. This means essentially running two versions of the same service and is not financially viable. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Salter. This matter had previously been subject to pre-Cabinet scrutiny. *Called in to:- People Scrutiny Committee
863
School Term Dates 2015/16
Resolved:- That the school term and holiday dates for 2015/16, as set out in appendix 1 to the submitted report, be approved. Reason for Decision To determine the school term and holiday dates for the 2015/16 academic year. Other Options None. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Courtenay.*Called in to:- People Scrutiny Committee
864
Southend Children and Young People's Plan 2014-2015
Resolved:- That the Children and Young People's Plan for 2014/15, be approved. Reason for Decision 1. The Children and Young People's Plan has been developed and endorsed by the Success for All Children Group and supports the Health & Wellbeing Board Strategy aims. 2. The priorities and actions in this Children and Young People's Plan build on previous plans, self-assessment, external assessment and wide consultation and will assist in maintaining or improving the Council's good performance. 3. The plan gives a clear focus to the work on the Success for All Children Group and enables resources across all agencies to be directed at those actions that will make the biggest improvement in outcomes for children and young people and their families. Other Options None. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Courtenay.
865
Tenancy Policy 2014-19
Resolved:- 1. That the revised draft Tenancy Policy 2014-19, be endorsed. 2. That the Corporate Director for People, in consultation with the Executive Councillor for Adult Social Care, Health and Housing, be authorised to make minor amendments necessary to the new Tenancy Policy during implementation and operation. Reason for Decision In order that the Council may introduce flexible tenancies and to fulfil the Council's statutory commitments as outlined in the Localism Act 2011. Other Options The Council can decide not to implement flexible tenancies at this time. However, it is believed that flexible tenancies will assist the Council in meeting strategic housing aims: to reduce under-occupation and ensure those in greatest need have access to social housing. Note:- This is an Executive Function. Eligible for call-in to People Scrutiny Committee. Executive Councillor:- Salter. This matter had previously been subject to pre-Cabinet scrutiny. *Called in to:- People Scrutiny Committee
866
A127 Route Management Strategy
Resolved:- 1. That the draft A127 Corridor for Growth Economic Plan be approved as a working document for further development. 2. That it be noted that the plan will be submitted to SELEP in support of the Single Local Growth funding bid and that further work is being undertaken, as identified in the submitted report. 3. That officers be requested to investigate possible improvements to the north/south traffic flows and Progress Road/Fairway Road junction and report back to a future meeting of the Traffic and Parking Working Party. Reason for Decision The A127 Corridor for Growth is an essential document to support the development of a coherent strategy for improving and managing the A127. In order to demonstrate strong cross-boundary working and the value and importance of the A127, Essex County Council and Southend Borough Council have agreed to work together to set out a forward plan over the next six years (SEP timescale 2015 to 2021) to make the case for improvement and maintenance funding to deliver the jobs and homes as part of the Thames Gateway South Essex (TGSE). Other Options The options developed as part of the Plan are scaleable and will be developed as short, medium and long term. The progress of the improvements will depend on the actual Single Local Growth Fund allocations made to LEPs in July. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- Cox.*Called in to:- Place Scrutiny Committee
867
Airport Commissions
Resolved:- 1. That the submitted report be noted. 2. That the Corporate Director for Place, in consultation with the Executive Councillor for Public Protection, Waste & Transport, continues to input into the further work that the Airports Commission plans to carry out to support the Council's view in opposing any future plans for Estuary Airport development. 3. That the Council's opposition to the Estuary Airport be reiterated. Reason for Decision Given how any future airport in the area of the Estuary will affect the borough of Southend, it is important that Members are made aware of this on-going work from the Airports Commission. Other Options None. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- Cox.*Called in to:- Place Scrutiny Committee
868
Essex and Southend Waste Partnership Programme Bio-Waste Treatment Report
Resolved:- 1. That the award, by Essex County Council, of the Bio-waste Treatment Contract for long-term bio-waste treatment to the preferred bidder, be approved. 2. That the sub-lease, by Essex County Council, of 5.4 hectares of the Courtauld Road site to the preferred bidder for the construction and operation of a bio-waste treatment facility, be approved. 3. That the food waste treatment for Southend Borough Council be included in the Joint Working Agreement between Essex County Council and Southend Borough Council. 4. That authority be delegated to the Head of Public Protection and Waste, in consultation with the Head of Finance and Resources, Head of Legal and Democratic Services and Head of Commissioning Sustainable Essex Integration and Waste, to finalise the Joint Working Agreement. 5. That the award of the contract, be approved. Reason for Decision To secure a long-term disposal arrangement for food waste as an alternative to landfill, as defined within the MBT strategy, both achieving savings on landfill and providing an environmentally sound solution. Other Options The indicative costs identified do offer value for money to the authority compared to the existing waste framework agreement. However, there is provision to hard market test food waste treatment provision to determine value for money. This can be explored at any time during the contractual term of the bio-waste contract and this is covered within the Joint Working Agreement. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- Cox.
869
Lower Thames Crossing
Resolved:- 1. That the Council reiterates its disappointment that the Department of Transport's plans do not recognise the potential benefits of an alternative option further to the east linking to the M11 which would give better access to Southend and avoid the M25. 2. That the Council reiterates its support for the provision of a multi-modal crossing. 3. That the Corporate Director for Place, in consultation with the Executive Councillor for Public Protection, Waste & Transport, continues to review the further detailed work that the Government plans to carry out in order to make a strong case for investment directly benefiting Southend. Reason for Decision In order that the Corporate Director for Place, in consultation with the Executive Councillor for Public Protection, Waste & Transport, continues to have dialogue with the Department for Transport on this project. Other Options None. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- Cox.*Called in to:- Place Scrutiny Committee
870
Corporate Joint Development Brief - Former EKCO Industrial Estate
Resolved:- 1. That the development brief is in accordance with the corporate vision and objectives of the Council and that the brief be adopted as corporate policy. 2. That the Council, in conjunction with the developer, should seek to engage with the residents of Thornford Gardens, at an early stage, on the redevelopment of the site. Reason for Decision To enable a set of development parameters and the vision for the future of development of the site to be conveyed, in the interests of bringing the site forward as a development that will meet local needs, provide a high quality development, and to seek that the site comes forward in a timely manner. Other Options 1. Not to adopt a development brief for the site. However, this then does not provide the Council an opportunity to formally set out specific opportunities, constraints, development parameters and expectations to guide forthcoming planning applications to develop the site. The adoption of a brief specifically assists in setting out the vision for the land-uses expected at the site, which in this case seeks provision to be made for a hospice. 2. Develop a brief unilaterally. However, there are specific developers involved in the taking forward of the EKCO site, and in including them in the production of the brief and providing agreement to it, provides greater surety in terms of the nature of planning application to come forward. It also results in cost savings for the Council in the production of the brief in terms of officer resources. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- J Garston.*Called in to:- Place Scrutiny Committee
871
Minutes of the Meeting of Conservation Working Party held on Wednesday, 22nd January, 2014
Resolved:- That the draft Milton Conservation Area Appraisal document be endorsed for public consultation. Reason for Decision To enable a public consultation to take place. Other Options None. Note:- This is an Executive Function. Eligible for call-in to Place Scrutiny Committee. Executive Councillor:- J Garston.
872
Councillor Holdcroft - Retirement from the Council
Councillor Holdcroft would be retiring from the Council in May and this was his last meeting of the Cabinet. Members of the Cabinet expressed their appreciation and thanks to Councillor Holdcroft for his sterling work and excellent service to the Council and conveyed their best wishes for the future.
873
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 would involve 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
874
Confidential Appendix to Bio Waste Treatment Report
The Cabinet received and noted the confidential appendix to above report.