Meeting documents

Cabinet
Tuesday, 8th January, 2013 2.00 pm

The Cabinet Minutes

Date:
Tuesday, 6th November, 2012
Time:
14:00
Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
435 Apologies for absence.
 An apology for absence was received from Councillor J L Lamb.
436 Declarations of interest.
 The following declarations of interest were made:-

Cllr Woodley - non-pecuniary - Agenda Item 17 - School Admission Arrangements for Community Schools and the Coordinated Admission Arrangements for Academic Year 2014/15 - School Governor at Thorpe Greenways school.
437 Minutes of the Meeting held on Tuesday, 4th September, 2012
  • Minutes
Resolved:-

That the Minutes of the Meeting held on Tuesday, 4th September 2012 be confirmed as a correct record and signed.
438 Monthly Performance Report - August 2012
Business for item 438
Resolved:-

That the report be noted.

Note:- This is an Executive Function.
Referred direct to Children and Lifelong Learning Scrutiny Committee, Community Services and Culture Scrutiny Committee and Economic and Environmental Scrutiny Committee
439 Business Rates Retention Scheme
Business for item 439
Resolved:-

That the details of the current position relating to the introduction of the business rates retention scheme and the implications this will have for Government Funding for the Council from April 2013, be noted.

Reason for Decision

to appraise Members of significant changes to local government financing from 2013/14 and the relative financial risk of these proposals to the Council.

Other Options

None.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Holdcroft.
440 Business Rates Relief Policy 2012/13
Scrutiny Comment for item 440
Business for item 440
Recommended:-

That the existing policy for Discretionary Relief is retitled "Business Rates Relief Policy" and further updated as follows as in line with Appendix C of the submitted report:-

- to include reference to the changes under the Localism Act 2011
- to include reference to the limitation by budget provision
- agree that no additional discretion groups will be defined under the new powers in 2012/13

Reasons for Decision

There is no budget for further relief and there are sufficient provisions with existing legislation for awarding other types of assistance. Furthermore under the Business Rates Retention proposals the financial arrangements for Local Government will be completely changed and the Council will need to review its policy on relief for 2013/14.

Other Options

To introduce further categories for discretionary relief as requested to any rate payers that will be fully funded by the Council.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Holdcroft.
*Called in to:- Economic & Environmental Scrutiny Committee
441 Local Council Tax Support Scheme
Scrutiny Comment for item 441
Business for item 441
Recommended:-

(a) That it be agreed, to implement a cost neutral Local Council Tax Support Scheme.

(b) That a package of options to deliver a cost neutral scheme, be agreed, passing the reductions onto working age claimants with only pensioners being protected.

(c) To formally reject the Government's transitional funding proposal for the scheme.

(d) That the effects on the setting of the Council Tax Base, be noted and that the funding arrangements become part of the budget setting process for 2013/14, be agreed.

(e) That the following key dates, be noted:

• December 2012 Final scheme to be approved by full Council.
• January to February 2012 Scheme Implemented.
• April 2013 Scheme goes live.

(f) That the formal monitoring of the Scheme throughout 2013/14 in order to identify unpredicted trends and financial implications so that these can be appropriately addressed, be noted.

Reasons for Decision

To implement a cost neutral Local Council Tax Support Scheme.

Other Options

None.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
442 Council Tax Discounts and Exemptions
Scrutiny Comment for item 442
Business for item 442
Recommended:-

1. That the details of the Government's proposed amendments to Council Tax discounts and exemptions, be noted.

2. That the following changes to Council Tax discounts and exemptions with effect from 1 April 2013, which will be incorporated in the Council Tax Base setting report in December 2012, be approved.

a. The removal of the 10% second homes discount so that all second homes are liable for full Council Tax;

b. The granting of a 25% discount on properties undergoing structural work for up to 12 months (Class A);

c. The granting of a 100% discount for 3 months on dwellings which are empty and unfurnished. After this period a full charge shall apply (Class C);

d. The levying of the maximum allowable 150% charge on properties that have been empty for two or more years.

Reasons for Decision

To provide additional income in 2013/14 and to help reduce the number of empty homes in the Borough.

Other Options

To do nothing and leave discounts and exemptions as they currently stand as outlined in body of report above. However this would mean that the Council may miss out on the opportunity for additional revenue in 2013/14.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Holdcroft.
*Called in to:- Economic & Environmental Scrutiny Committee
443 Welfare Reform Report
Scrutiny Comment for item 443
Business for item 443
Recommended:-

1. That the final allocation of the funds received from Government for crisis loans and community funds will form part of the budget setting process for 2013/14, be agreed.

2. That the use of the funding for the transferred responsibilities of the Social Fund from the DWP and the proposed draft scheme attached at Appendix A of the submitted report, be agreed.

3. That the details of a range of welfare reforms from April 2013, be noted.

Reasons for Decision

To agree the final allocation and use of the funds and note the range of welfare reforms from April 2013.

Other Options

None.

Note:- This is Council Function
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
444 Capital Monitoring for 2012/13 and Revised Capital Programme 2012/13 to 2015/16
Scrutiny Comment for item 444
Business for item 444
Recommended:-

1. That the actual capital expenditure position as at 30th September of £26.784million, representing 36% of the revised budget, as shown in Appendix 1 of the submitted report, be noted.

2. That the financing position of the Capital programme as at 30th September 2012 (as set out in Section 5 of the report), be noted.

3. That the proposed changes to the Capital Programme as set out in Appendix 3 of the submitted report, be approved.

4. That the revised Capital Programme for 2012/13 to 2015/16 that results from these changes, as set out in Appendix 7 of the submitted report, be approved.

Reasons for Decision

To approve changes to the Capital Programme as noted at Capital Board and other proposed changes since the last Cabinet meeting on 19th June 2012.

Other Options

The proposed Capital Programme is made from a number of individual projects, any of which can be agreed or rejected independently of the other projects.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
445 Mid-year Treasury Management Report 2012/13
Scrutiny Comment for item 445
Business for item 445
Recommended:-

1. That the Mid-Year Treasury Management Report for 2012/13, be approved.

2. That it be noted that the 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 September 2012.

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 £40.6m of investments were managed in-house. These earned £0.14m of interest during this six month period at an average rate of 0.69%. This is 0.26% over the average 7 day LIBID (London Interbank Bid Rate) and 0.19% over bank base rate.

5. That is be noted that an average of £24.2m of investments were managed by fund managers. These earned £0.22m of interest during this six month period at an average rate of 1.79%. This is 1.36% over the average 7 day LIBID and 1.29% over bank base rate.

6. The level of borrowing from the Public Works Load Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) decreased from £241.8m to £231.8m (HRA: £82.3m, FG: £149.5m) during the period from April to September 2012.

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 2012/13 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 a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
446 Replacement of Audio Equipment in the Council Chamber
Scrutiny Comment for item 446
Business for item 446
Resolved:-

1. That the audio system within the Council Chamber be upgraded and webcasting be introduced into the Council Chamber for a 12 month trial period with the intent of webcasting the 6 Council meetings and the Youth Council meetings.

2. That an amendment to the Capital Programme for an additional £82,000 be approved.

Reasons for Decision

The intention to open up the democratic process to a wider audience is keeping with the ambitions of Government. New technologies facilitate this permitting both rapidity in information transfer and opinion. Clearly, the introduction of webcasting supports national ambition as it will open up Council executive meetings and proceedings to internet bloggers, tweeting and local news forums.

Other Options

Continue with the failing audio equipment or, replace this equipment but not seize the opportunity to trial webcasting.

Note:- This is an Executive Function (save that the addition to the Capital Programme in resolution 2 is a Council Function).

Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
*Called in to:- Economic & Environmental Scrutiny Committee
447 Progress Update on the Whole Essex Community Budget Pilot
Business for item 447
Resolved:-

1. That the Council's continuing involvement in the Whole Essex Community Budget pilot work and support in principle the general direction of travel towards a more integrated approach to public services in Essex, Southend and Thurrock, be approved.

2. That work with partners to develop the business cases further, but only where clear benefits for Southend can be demonstrated, be agreed.

(3) That the Council's continuing exploration, alongside Essex County Council and Thurrock Council, of the potential for a regional City Deal as part of the Community Budget agreement with Government, be approved.

(4) That the development and submission to Government of a proposal for a Southend City Deal following Southend's shortlisting as one of 20 areas eligible to bid for a second wave of City Deals, be approved.

Reasons for Decision

To ensure that the Council continues to influence the development of the WECB so that it best meets corporate aims and the needs of the Borough's communities.

Other Options

1. To disengage from active development of the WECB. This is not recommended since it will prevent Southend from influencing the implementation of the Operational Plan.

2. To disengage from discussions with Government on a City Deal for Southend. This is not recommended since it will prevent Southend considering, and potentially achieving for the borough, freedoms and flexibilities associated with a City Deal.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Holdcroft.
448 Telecommunications Installations on Council Premises and Land
Scrutiny Comment for item 448
Business for item 448
Resolved:-

1. That the Council supports the furtherance of the Wifi city and other initiatives which encourage economic development through the use of new technology.

2. That the Council adopts the policy on the installation of telecommunications equipment on all Council land and premises (including highway land) outlined in section six of the submitted report.

Reasons for Decision

The current Council policy on the installation of telecommunication equipment on Council premises is now over a decade old and is contradictory and restrictive. The technology, usage, knowledge of the impact have all changed considerably since the policy was adopted and with other organisations installing equipment on non-Council owned buildings, it has become self-defeating. The policy is, therefore, no longer tenable and needs to be revised.

Other Options

Maintain the current policy adopted in 2000 and 2001. This would disadvantage the Borough, in limiting the economic, social and educational opportunities for the Borough - as outlined in sections three and four of the report.

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
449 A Local Account of Adult Social Care Services in Southend 2011-12
Business for item 449
Resolved:-

1. That the Local Account for adult social care for 2011-12 be noted as the Council's self assessment for these services.

2. That the initiatives associated with plans for 2012-13 as set out in the Local Account be agreed.

3. That plans for producing a Local Account for 2012-13 be approved.

Reasons for Decision

1. The publication of a Local Account of adult social care services for 2011-12 ensures the continuity of information for the public about the performance of this service.

2. The involvement of key stakeholders in the production of the Local Account for 2011-12 and future years will assist in our aim to be transparent about the services we deliver and to ensure that the Account includes information of interest to local people.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Community Services and Culture Scrutiny Committee.
Executive Councillor:- Salter.
450 Southend-on-Sea Vulnerable Adults Board - Annual Report 2011/12
Business for item 450
Resolved:-

That the publication of the Annual Report and, in particular, the work being undertaken by all local agencies to safeguard our most vulnerable citizens, be noted and endorsed.

Reasons for Decision

It has been good practice since the formation of Safeguarding Boards for the Annual Report to be published and for Councils to scrutinise how effectively the partnership is discharging its responsibilities.

Other Options

None

Note:- This is an Executive Function.
Eligible for call in to Community Services and Culture Scrutiny Committee.
Executive Councillor:- Salter.
451 School Admission Arrangements for Community Schools and the Coordinated Admission Arrangements for Academic Year 2014/15
Scrutiny Comment for item 451
Business for item 451
Resolved:-

1. That there is no consultation on the admissions arrangements for community schools for the academic year 2014/15.

2. That individual consultation takes place with governing bodies of community schools on their published admission numbers for September 2014 as attached in Appendix 1 of the submitted report.

3. That a report be brought in March 2013 for final determination of the published admission numbers for September 2014.

4. That the admission criteria and catchment areas remain unchanged for 2014.

5. That the proposed Coordinated Admission Arrangements Scheme for 2014 onwards attached as Appendix 4 of the submitted report, be approved in principle, and if there are minor issues to be resolved following consultation with schools that decisions on minor amendments be delegated to the Corporate Director Children and Learning and the Executive Councillor for Children and Learning.

Reasons for Decision

Determination of the admission arrangement for community schools and the coordinated admission scheme for all schools by the Council is a requirement of legislation.

Other Options

The alternative to delegation of final approval of the Coordinated Admission Scheme to the Corporate Director Children and Learning in recommendation 2.3 of the submitted report would be a special Cabinet in late December 2012.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Courtenay.
*Called in to:- Children & Lifelong Learning Scrutiny Committee
452 Special Educational Needs Funding 2013 onwards
Scrutiny Comment for item 452
Business for item 452
Resolved:-

That the recommendations to the Schools Forums as in paragraph 5 of the submitted report, be agreed.

Reasons for Decision

To make recommendations to the Schools Forum at its meeting on 5th December 2012 as set out in paragraph 5 of the submitted report.

Other Options

The option of ensuring all 700 statements for children in mainstream schools are rewritten by 1st April 2013 is not feasible with the current level of staffing within the Council. If schools are not provided with additional transitional funding then the requirements of existing statements may not be met.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Courtenay.
*Called in to:- Children & Lifelong Learning Scrutiny Committee
453 Announced Inspection of Safeguarding and Looked After Children Services Action Plan
Business for item 453
Resolved:-

That the Action Plan be endorsed.

Reasons for Decision

To approve the action plan and identify any additional requirements.

Other Options

None.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee.
Executive Councillor:- Courtenay.
454 Gambling Act 2005 - Statement of Gambling Licensing Policy
Scrutiny Comment for item 454
Business for item 454
Recommendation:-

That the final Statement of Gambling Licensing Policy as set out in Appendix 2 of the submitted report, be approved.

Reasons for Decision

To enable the Council to comply with its statutory duty under Section 349 of The Gambling Act 2005.

Other Options

1. Should the Council fail to approve a final Statement of Policy, it will be breach of its statutory duty under Section 349 of The Gambling Act 2005.

2. The deadline for publication of the Policy is 3rd January 2013.

3. It is not considered that another option exists.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Cox.
*Called in to:- Economic & Environmental Scrutiny Committee
455 "Better Bus Area Fund" DfT Grant and
Department for Transport paper - Green Light for Better Buses
Scrutiny Comment for item 455
Business for item 455
Resolved:-

1. That it be noted that the "Better Bus Area Fund" submission was successful in obtaining £1.577m of funding from DfT;

2. That the proposal in Appendix 1 of the submitted report, be agreed.

3. That the ‘Green Light for Better Buses' summary and be aware of the public consultation that is due to come out in late Summer 2012, be noted.

Reasons for Decision

1. The funding is only available to related bus projects which supports growth and reduce carbon emissions by improving bus patronage. The Better Bus proposals are a package of measures to ease congestion and improve bus punctuality. The proposals will improve bus patronage, encourage growth of the Borough and reduce carbon emissions.

2. Southend is working in partnership with Essex County Council on the introduction of an Advance Vehicle Location System (AVL) which is scheduled to be in place by March 2013. The AVL system will replace the existing Real Time Passenger Information system (RTPI) which is near the end of its' working life, and support for the system will stop and will not be maintained after 2013. The Smart Card Element within the bid is an enhancement of the AVL system.

3. By emphasising the infrastructure improvements we will be able to focus our efforts on those pinch points that cause the most delays and problems.

4. The summary on the ‘Green Light for Better Buses' informs Members about proposed changes within the bus industry by Central Government.

Other Options

The Council does have the option not to proceed with the project. However, if this course of action was pursued it would not be possible to deliver the expected improvement to bus services across Southend without significant additional Council funding.

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
456 Rock Oyster Collection from Southend Foreshore and Coastal Erosion Issues
Scrutiny Comment for item 456
Business for item 456
Resolved:-

1. That the actions taken to date in respect of rock oyster collection on the foreshore, be noted and Council officers continue to monitor the position and take any action which is warranted.

2. That in recognition of the urgent concerns about erosion at the foreshore the Corporate Director Enterprise, Tourism be and the Environment be requested to report back when new information emerges.

Reasons for Decision

To endorse and recognise the limitation of the Council's remit in relation to the harvesting of Pacific Rock Oysters from Southend coastline.

Other Options

Other options are considered in the submitted report and appendices.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillors:- Cox, Lamb and Jarvis.
*Called in to:- Economic & Environmental Scrutiny Committee
457 Minutes of the Meeting of Waste Management Working Party held on Thursday, 13th September, 2012
  • Minutes
Business for item 457
Resolved:

1. That the restriction of commercial type vehicles to Sunday's only between 12.00pm and 4.00pm and that the existing Household Waste Declaration Form must be completed by all commercial vehicle users before access is permitted on the restricted day be approved.

2. That the restrictions come into effect from 1st February 2013.

Reasons for Decision

To implement the restrictions on Commercial Vehicle use of the Household Waste and Recycling Centres.

Other Options:

None

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Waste.
458 Minutes of the Meeting of Accommodation Strategy Working Party held on Wednesday, 24th October, 2012
  • Minutes
Business for item 458
Resolved:-

1. That the procurement method for the construction contractor for the next phase of the Civic Centre Efficiency Project being through a suitable "framework contract" be approved.

2. That the Stage D report from EC Harris for the new interview rooms to the ground floor southern side and that the programme continues by going out to tender and commit the funding for contractors to carry out the construction work as detailed in Appendix 1 to the submitted report be approved.

3. That Option 1 from the Stage C report from EC Harris for the remaining ground floor customer services area (Phase 4 of the project) as detailed in Appendix 2 to the submitted report, be progressed.

Reasons for Decision

To progress the accommodation works.

Other options:

None.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
459 Essex Fire Authority - Minutes of the Meeting held on 13th June 2012
  • Minutes
Resolved:-

That the Minutes be received and noted.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Council Representatives:- Holland, Wexham and Evans.
Executive Councillor:- Cox.
460 Shadow Essex Police and Crime Panel - Minutes of the Meeting held on 10th July 2012
  • Minutes
Scrutiny Comment for item 460
Resolved:-

That the Minutes be received and noted.

Note:- This is a Council Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Robertson.
*Called in to:- Economic & Environmental Scrutiny Committee
461 Essex Fire Authority - Report to the Constitutent Authorities dated 5th September 2012
 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:- Holland, Wexham and Evans.
Executive Councillor:- Cox.
462 Council Procedure Rule 46
 Resolved:-

That the submitted report be noted.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee, Community Services and Culture Scrutiny Committee, Economic and Environmental Scrutiny Committee as appropriate to the item.
Executive Councillor:- As appropriate to the item.
463 The Official Feed and Food Service Plan 2012/13
Business for item 463
Recommendation:

That the official Feed and Food Controls Service plan 2012/13 set out in Appendix A of the submitted report be approved.

Reasons for Decision

To comply with the Food Standards Agency Code of Practice.

Other options

None.

Note: This is a Council function
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Cox
464 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 items of business set out below, on the grounds that they 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
465 Projects Recommended to Progress Through PSP Southend LLP
  • (Attachment: 61)Report of Corporate Director Support Services
Business for item 465
Resolved:-

1. That Hinguar and Brunel Road schemes as set out in sections 4 and 5 of the submitted report through PSP Southend LLP be approved.

2. That an Option Agreement be granted by the Council to the LLP for the Hinguar site.

3. That an Option Agreement be granted by the Council to the LLP for the Brunel Road site.

Reasons for Decision

As outlined in the submitted report.

Other Options

As outlined in the submitted report.

Note:- This is an Executive Function.
Eligible for call in to Economic and Environmental Scrutiny Committee.
Executive Councillor:- Moring.
466 Queensway House, Essex Street
  • (Attachment: 62)Report of Corporate Director Support Services
  • (Attachment: 63)Appendix 1
  • (Attachment: 64)Appendix 2
Scrutiny Comment for item 466
Business for item 466
Resolved:-

1. That the decision of Cabinet on 21st September 2010 (minute 350 refers) to proceed with the refurbishment of the Civic Centre and the rationalisation of administrative buildings including Queensway House be noted.

2. That the relocation of staff, services and occupiers and all actions taken, and being taken to assist Club 60 to relocate be noted.

3. That Queensway House be declared surplus to operational requirements and the land appropriated for car parking and longer term regeneration purposes.

4. That, subject to planning permission, Queensway House be demolished and the site laid to surface car parking at the earliest opportunity following its complete vacation in March 2013 subject to a long term solution for the site.

5. That subject to the receipt of demolition competitive tender returns, consideration of a provisional sum as set out in 4.4 and 6.2 of the submitted report be added to the Capital Programme for 2013-14 for the demolition and associated works and to be funded from borrowing.

6. That if required, the Corporate Director Support Services in consultation with the Executive Councillor for Corporate Support Services be delegated the authority to agree a financial package to facilitate the relocation of Club 60 within the financial limits set out at 6.2 of the report.

Reasons for Decision

As outlined in the submitted report.

Other Options

As outlined in the submitted report.

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
467 Council Procedure Rule 46 - Confidential Sheet
  • (Attachment: 65)Confidential Sheet
Scrutiny Comment for item 467
Resolved:-

That the submitted report be noted.

Note:- This is an Executive Function.
Eligible for call in to Children and Lifelong Learning Scrutiny Committee, Community Services and Culture Scrutiny Committee, Economic and Environmental Scrutiny Committee.
*Called in to:- Children & Lifelong Learning Scrutiny Committee and Community Services & Culture Scrutiny Committee and Economic & Environmental Scrutiny Committee
14:00/15.25

Attendance Details

Present:
Cllr N Holdcroft (Chairman), Cllr J I Courtenay, Cllr T Cox, Cllr J M Garston, Cllr D J Jarvis, Cllr A J Moring, Cllr L P Salter
In attendance:
R Tinlin, J K Williams, S Holland, A Lewis, S Leftley, S Cook, A Atherton, J Chesterton, I Ambrose, T Macgregor, A Butteriss, and R Harris
also in attendance: Cllrs Grimwade, Godwin, Anne Jones and Woodley.

Scrutiny Comment

ItemComment
440 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:04
Resolved:

That the following recommendations of Cabinet be noted:

"That the existing policy for Discretionary Relief is retitled "Business Rates Relief Policy" and further updated as follows as in line with Appendix C of the submitted report:-

- to include reference to the changes under the Localism Act 2011
- to include reference to the limitation by budget provision
- agree that no additional discretion groups will be defined under the new powers in 2012/13."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
441 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:44
Supported by M Terry, R Woodley
Resolved:

1. That the following recommendations of Cabinet be noted:

"(a) That it be agreed, to implement a cost neutral Local Council Tax Support Scheme.

(b) That a package of options to deliver a cost neutral scheme, be agreed, passing the reductions onto working age claimants with only pensioners being protected.

(c) To formally reject the Government's transitional funding proposal for the scheme.

(d) That the effects on the setting of the Council Tax Base, be noted and that the funding arrangements become part of the budget setting process for 2013/14, be agreed.

(e) That the following key dates, be noted:

• December 2012 Final scheme to be approved by full Council.
• January to February 2012 Scheme Implemented.
• April 2013 Scheme goes live.

(f) That the formal monitoring of the Scheme throughout 2013/14 in order to identify unpredicted trends and financial implications so that these can be appropriately addressed, be noted."

2. That in accordance with Council Procedure Rule 39.2, the matter be referred to Council.

Note:- This is a Council Function.
Executive Councillor:- Moring
442 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:04
Resolved:

That the following recommendations of Cabinet be noted:

1. That the details of the Government's proposed amendments to Council Tax discounts and exemptions, be noted.

2. That the following changes to Council Tax discounts and exemptions with effect from 1 April 2013, which will be incorporated in the Council Tax Base setting report in December 2012, be approved.

a. The removal of the 10% second homes discount so that all second homes are liable for full Council Tax;

b. The granting of a 25% discount on properties undergoing structural work for up to 12 months (Class A);

c. The granting of a 100% discount for 3 months on dwellings which are empty and unfurnished. After this period a full charge shall apply (Class C);

d. The levying of the maximum allowable 150% charge on properties that have been empty for two or more years."

Note:- This is a Council Function.
Executive Councillor:- Holdcroft.
443 Called in by Councillors I D Gilbert and M L Borton.
Final call on 14/11/2012 at 08:20
Supported by M Terry, R Woodley
Resolved:

That the following recommendations of Cabinet be noted:

"1. That the final allocation of the funds received from Government for crisis loans and community funds will form part of the budget setting process for 2013/14, be agreed.

2. That the use of the funding for the transferred responsibilities of the Social Fund from the DWP and the proposed draft scheme attached at Appendix A of the submitted report, be agreed.

3. That the details of a range of welfare reforms from April 2013, be noted."

Note:- This is Council Function
Executive Councillor:- Moring.
444 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:45
Supported by M Terry, R Woodley
Resolved:

That the following recommendations of Cabinet be noted:

"1. That the actual capital expenditure position as at 30th September of £26.784million, representing 36% of the revised budget, as shown in Appendix 1 of the submitted report, be noted.

2. That the financing position of the Capital programme as at 30th September 2012 (as set out in Section 5 of the report), be noted.

3. That the proposed changes to the Capital Programme as set out in Appendix 3 of the submitted report, be approved.

4. That the revised Capital Programme for 2012/13 to 2015/16 that results from these changes, as set out in Appendix 7 of the submitted report, be approved."

Note:- This is Council Function
Executive Councillor:- Moring.
445 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:04
Resolved:

That the following recommendations of Cabinet be noted:

"1. That the Mid-Year Treasury Management Report for 2012/13, be approved.

2. That it be noted that the 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 September 2012.

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 £40.6m of investments were managed in-house. These earned £0.14m of interest during this six month period at an average rate of 0.69%. This is 0.26% over the average 7 day LIBID (London Interbank Bid Rate) and 0.19% over bank base rate.

5. That is be noted that an average of £24.2m of investments were managed by fund managers. These earned £0.22m of interest during this six month period at an average rate of 1.79%. This is 1.36% over the average 7 day LIBID and 1.29% over bank base rate.

6. The level of borrowing from the Public Works Load Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) decreased from £241.8m to £231.8m (HRA: £82.3m, FG: £149.5m) during the period from April to September 2012."

Note:- This is Council Function
Executive Councillor:- Moring.
446 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:45
Supported by M Terry, R Woodley
Resolved:

1. That the following decisions of Cabinet be noted:

"1.1 That the audio system within the Council Chamber be upgraded and webcasting be introduced into the Council Chamber for a 12 month trial period with the intent of webcasting the 6 Council meetings and the Youth Council meetings.

1.2. That an amendment to the Capital Programme for an additional £62,000 be approved, and that for the one year trial period a sum of £20k be identified within existing Council resources to fund the webcasting."

2. That in accordance with Council Procedure Rule 39.2, the matter be referred to Council.

Note:- This is an Executive Function (save that the addition to the Capital Programme in resolution 1.2 is a Council Function).
Executive Councillor:- Moring.
448 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:45
Supported by I D Gilbert, M L Borton
Resolved:

That the following decisions of Cabinet be noted:

"1.1 That the Council supports the furtherance of the Wifi city and other initiatives which encourage economic development through the use of new technology.

1.2. That the Council adopts the policy on the installation of telecommunications equipment on all Council land and premises (including highway land) outlined in section six of the submitted report."

2. That in accordance with Council Procedure Rule 39.2, the matter be referred to Council.

Note:- This is an Executive Function.
Executive Councillor:- Moring.
451 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:05
Resolved:-

That the following decisions of Cabinet be noted:

"1. That there is no consultation on the admissions arrangements for community schools for the academic year 2014/15.

2. That individual consultation takes place with governing bodies of community schools on their published admission numbers for September 2014 as attached in Appendix 1 of the submitted report.

3. That a report be brought in March 2013 for final determination of the published admission numbers for September 2014.

4. That the admission criteria and catchment areas remain unchanged for 2014.

5. That the proposed Coordinated Admission Arrangements Scheme for 2014 onwards attached as Appendix 4 of the submitted report, be approved in principle, and if there are minor issues to be resolved following consultation with schools that decisions on minor amendments be delegated to the Interim Corporate Director Children and Learning and the Executive Councillor for Children and Learning."

Note: This is an Executive function.
Executive Councillor: Courtenay
452 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:45
Supported by I D Gilbert, M L Borton, M Terry, R Woodley
Resolved:-

That the following decisions of Cabinet be noted:

"That the recommendations to the Schools Forums as in paragraph 5 of the submitted report, be agreed."

Note: This is an Executive function.
Executive Councillor: Courtenay
454 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:45
Resolved:

That the following decision of Cabinet be noted:

"That the final Statement of Gambling Licensing Policy as set out in Appendix 2 of the submitted report, be approved."

Note:- This is a Council Function.
Executive Councillor:- Cox.
455 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:46
Resolved:

That the following decisions of Cabinet be noted:

"1. That it be noted that the "Better Bus Area Fund" submission was successful in obtaining £1.577m of funding from DfT;

2. That the proposal in Appendix 1 of the submitted report, be agreed.

3. That the ‘Green Light for Better Buses' summary and be aware of the public consultation that is due to come out in late Summer 2012, be noted."

Note: This is an Executive Function.
Executive Councillor:- Cox
456 Called in by Councillors G Longley and P Collins.
Final call on 13/11/2012 at 13:46
Supported by M Terry, R Woodley
Resolved:

That the following decisions of Cabinet be noted:

"1. That the actions taken to date in respect of rock oyster collection on the foreshore, be noted and Council officers continue to monitor the position and take any action which is warranted.

2. That in recognition of the urgent concerns about erosion at the foreshore the Corporate Director Enterprise, Tourism be and the Environment be requested to report back when new information emerges."

Note:- This is an Executive Function.
Executive Councillors:- Cox, Lamb and Jarvis
460 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:05
Resolved:

That the Report and minutes be received and noted.

Note:- This is a Council Function.
Executive Councillor:- Robertson.
466 Called in by Councillors M Terry and R Woodley.
Final call on 19/11/2012 at 09:05
Resolved:

That the following decisions of Cabinet be noted:

"1. That the decision of Cabinet on 21st September 2010 (minute 350 refers) to proceed with the refurbishment of the Civic Centre and the rationalisation of administrative buildings including Queensway House be noted.

2. That the relocation of staff, services and occupiers and all actions taken, and being taken to assist Club 60 to relocate be noted.

3. That Queensway House be declared surplus to operational requirements and the land appropriated for car parking and longer term regeneration purposes.

4. That, subject to planning permission, Queensway House be demolished and the site laid to surface car parking at the earliest opportunity following its complete vacation in March 2013 subject to a long term solution for the site.

5. That subject to the receipt of demolition competitive tender returns, consideration of a provisional sum as set out in 4.4 and 6.2 of the submitted report be added to the Capital Programme for 2013-14 for the demolition and associated works and to be funded from borrowing.

6. That if required, the Corporate Director Support Services in consultation with the Executive Councillor for Corporate Support Services be delegated the authority to agree a financial package to facilitate the relocation of Club 60 within the financial limits set out at 6.2 of the report".

Note:- This is an Executive Function.
Executive Councillor:- Moring.
467 Called in by Councillors I D Gilbert and M L Borton.
Final call on 14/11/2012 at 08:21
Resolved:-

That the submitted report be noted.

Note:- This is an Executive Function.
Executive Councillor:- Moring.

Business

ItemBusiness
438The Cabinet considered the Monthly Performance Report (circulated separately).
439The Cabinet considered a report of the Corporate Director Support Services which updated Members on the proposed changes for Business Rates funding as part of the Government's review of funding for Local Government and the outcome of the recent Government consultation on business rates retention.
440The Cabinet considered a report of the Corporate Director Support Services which updated Members on the changes as part of the Localism Act 2011 that impact on the powers the Council have to award relief to Non Domestic rate payers from 1st April 2012 and which considered the Council's position for 2013/14.
441The Cabinet considered a report of the Corporate Director Support Services which outlined the background and introduction of a Local Council Tax Support Scheme (LCTSS) from April 2013.
442The Cabinet considered a report of the Corporate Director Support Services which outlined the results of the recent Government proposals and consultation on the Technical Reforms of Council Tax and the potential problems that could arise from implementing any proposed changes. The report also outlined the options and financial implications of implementing the changes, that will minimise Council Tax charges for Southend residents and encourage property owners to bring homes into use more quickly.

The Head of Finance and Resources confirmed that only one exemption can be applicable at any one point in time although one type of exemption could justifiably follow another.

The Head of Finance and Resources also confirmed the ruling regarding the charging of full Business Rates/Council Tax for part-demolished buildings/premises to avoid payment by the owner. If the property is removed from the rating list by the Valuation Office then the Council will not be able to charge, however, if the property remains on the rating list then the Council will be able to charge in line with the relevant Discounts and Exemptions applicable to that individual property.
443The Cabinet considered a report of the Corporate Director Support Services which updated Members on the welfare reforms coming into effect from April 2013 and specifically the decisions required around the arrangement for the creation of a Social Fund due to the transfer of responsibilities and funding from the Department of Works and Pensions (DWP).
444The Cabinet considered a report of the Corporate Director Support Services which set out the capital expenditure as at 30th September 2012 and to recommend in-year amendments to the approved Capital Programme for 2012/13 to 2015/16.
445The Cabinet considered a report of the Corporate Director Support Services which detailed the treasury management activity and compliance with the treasury management strategy for both quarter two and the period from April to September 2012.
446The Cabinet considered a report of the Corporate Director Support Services which outlined a proposal to upgrade the audio system in the Council Chamber. The report also informed Members that the act of updating the audio system will allow the Council to introduce the 'webcasting' of Council meetings for public viewing in real time or from archive via the Council's website.
447The Cabinet considered a report of the Corporate Director Support Services which provided an update on the progress of the Whole Essex Community Budget pilot and sought approval for the Council's continuing involvement.
448The Cabinet considered a report of the Corporate Director Support Services to agree a revised Council policy on the installation of telecommunications equipment on Council premises, taking into account the comments made at pre-Cabinet Scrutiny (Minute 314 of Economic & Environment Scrutiny Committee, 20 September 2012 refers).
449The Cabinet considered a report of the Corporate Director Adult and Community Services which presented a Local Account of adult social care services in 2011-12, including priorities and plans for 2012-13. This is the second annual report of these services to be produced by the Council, but the first time its production is statutory. The first Local Account for 2010/11 was used in the eastern region as an example of good practice.
450The Cabinet considered a report of the Corporate Director Adult and Community Services which informed the Community Services and Culture Scrutiny Committee of the publication of the Annual Report of the Southend-On-Sea Safeguarding Vulnerable Adults Board (SVAB). Although the Council is the lead agency, safeguarding responsibilities fall across all local agencies including Health and the Police. The Board has an independent Chair, who also chairs the Safeguarding Board for Children and Families.
451The Cabinet considered a report of the Corporate Director Children and Learning which outlined the process for determining the admission arrangements for community schools for the academic year 2014/15. The report also outlined the Coordinated Admission Arrangements Scheme for 2014 for all schools and the mechanism for the final agreement of the scheme.
452The Cabinet considered a report of the Corporate Director Children and Learning which provided an update on the funding changes to schools from April 2013 as they relate to pupils with special educational needs (SEN).
453The Cabinet considered a report of the Corporate Director Children and Learning presenting the action plan arising from the announced inspection of Safeguarding and Looked After Children Services in June 2012.
454The Cabinet considered a report of the Corporate Director Enterprise, Tourism and the Environment updating Members on the outcome of the formal consultation process in respect of the Gambling Licensing Policy.
455The Cabinet considered a report of the Corporate Director Enterprise, Tourism and the Environment advising Members that the Council had been awarded £1.577m from the Department for Transport's ‘Better Bus Area Fund'. The deadline for the submission to DfT was on 24th February 2012 and the Council's bid was therefore submitted via SO46.

The report also provided Members with a summary regarding the ‘Green Light for Better Buses' paper, setting out Central Governments' proposals for changes to the bus industry and in particular proposed changes to Bus Service Operators Grant (BSOG), to ensure better value for money and to give local authorities more influence over their local bus networks.
456The Cabinet considered a report of the Corporate Director Enterprise, Tourism and the Environment in the light of recommendations of the Economic and Environmental Scrutiny Committee held on 20th September 2012.
457The Cabinet considered the recommendation of the Waste Management Working Party concerning the Household Waste and Recycling Centre - Commercial Vehicle Restrictive Use.
458The Cabinet considered the recommendations of the Accommodation Strategy Working Party.
463The Cabinet considered an urgent report of the Corporate Director Enterprise, Tourism and the Environment which sought approval to the official Feed and Food Controls Service Plan previously known as the Food Law Enforcement Plan required by the Food Standards Agency (FSA).
465The Cabinet considered a confidential report of the Corporate Director Support Services which updated Members on projects which are ready to be progressed through the Council's partnership PSP Southend LLP. To advise Cabinet of the pre-Cabinet Scrutiny outcome where Scrutiny Members indicated their support to opt-in both projects to the LLP.

The Corporate Director Support Services provided clarification in respect to the valuation of the Hinguar site. The complete collapse of the property market in 2007 has had a significant impact on the current value of the land. Current land values are reflected in the valuation carried out internally in 2011 and confirmed by the independent valuation by Jones Lang LaSalle in 2012.
466The Cabinet considered a report of the Corporate Director Support Services updating Members on the rationalisation of the Council's administrative buildings and to consider future options of Queensway House once it is vacated in March 2013.

 

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