Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were asked to declare any interests they may have in the business to be discussed and / or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

There were no declarations.

Summer Fun Programme

The Leader noted that as it was the first day of the school summer holidays, the Summer Fun Programme had begun. The Programme included a wide range of activities which had been put together by the Council’s museums, sports, libraries, parks services, gallery, youth and play organisations.

Netherhall Library

The Leader reported that Netherhall Library had moved into a new building which was a shop unit. This was part of a programme of moving libraries into shops which had proven successful in St. Matthews.

The minutes of the meeting held on 21 June 2004 have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

that the minutes of the meeting of Cabinet held on 21 June 2004, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

Finance, Resources and Equal Opportunities Scrutiny Committee – 14 June 2004

Needs of the Somali Community                                                          Appendix A1

The following was agreed at the above meeting. The full minute extract is attached.

RESOLVED:

that the following issues be co-ordinated in to a report and submitted to Cabinet:-

(1)       to instruct Officers to create or revive a working party / taskforce which looks at the needs of the Somali Community and has representation from all Council Departments and relevant agencies;

(2)       to instruct this working party/taskforce to produce proposals to address the issues raised in the report and the presentations;

(3)       that a report be produced by the working party/taskforce which considers the long term needs of the Somali Community;

(4)       to instruct Officers to enable the Somali Community to have a full opportunity to access the Community Cohesion Fund;

(5)       that Cllr. Suleman, as Cabinet Lead for Community Cohesion and the Chief Executive, or the entire Cabinet if necessary, be requested to meet with representatives of the Somali Community to explain how the Community Cohesion fund will work and to discuss in detail any issues which the Somali Community have raised;

(6)       that the Leader be requested to make a formal response to the meeting held on 12 March 2004 with Mr. Haji outlining what action has been taken following that; and

(7)       that progress on these matters be reported to the next meeting this Committee.

Councillor Blackmore to respond.

NRF Programme 2004/06 – Leicester Partnership                           Appendix A2

Infrastructure and Capacity Programme

The following was agreed at the meeting. The full minute extract and an Officer response is attached.

RESOLVED:

that Cabinet be informed of that it is the view of the Committee that the amount of money being spent on administration of the Neighbourhood Renewal Fund is disproportionate and that Cabinet be asked to look at ways of rebalancing expenditure between activities and administration.

Councillor Scuplak to respond.

FINANCE, RESOURCES AND EQUAL OPPORTUNITIES SCRUTINY COMMITTEE – 14 JUNE 2004

Needs of the Somali Community

The Committee resolved the following at the above meeting:-

that the following issues be co-ordinated into a report and submitted to Cabinet:-

-           to instruct Officers to create or revive a working party / taskforce which looks at the needs of the Somali Community and has representation from all Council Departments and relevant agencies;

-           to instruct this working party/taskforce to produce proposals to address the issues raised in the report and the presentations;

-           that a report be produced by the working party/taskforce which considers the long term needs of the Somali Community;

-           to instruct Officers to enable the Somali Community to have a full opportunity to access the Community Cohesion Fund;

-           that Cllr. Suleman, as Cabinet Lead for Community Cohesion and the Chief Executive, or the entire Cabinet if necessary, be requested to meet with representatives of the Somali Community to explain how the Community Cohesion fund will work and to discuss in detail any issues which the Somali Community have raised;

-           that the Leader be requested to make a formal response to the meeting held on 12 March 2004 with Mr. Haji outlining what action has been taken following that; and

-           that progress on these matters be reported to the next meeting this Committee.

Councillor Blackmore in response stated that he had asked Officers to set up a working party to consider the issues raised by the Committee. He further explained that members of the Somali community had been informed about the Community Cohesion Fund and that Councillor Suleman had been involved in meetings with members of the community on this matter. Councillor Blackmore also stated that he had made a formal response to Mr. Haji regarding the meeting that they had on 12 March 2004.

Councillor Blackmore stated that a full report considering the needs of the Somali Community would be submitted to the next meeting of Cabinet considering in detail the issues raised by the Scrutiny Committee.

NRF Programme 2004 – 2006 – Leicester Partnership Infrastructure and Capacity Programme

The Committee resolved the following at the above meeting:-

-           that Cabinet be informed of that it is the view of the Committee that the amount of money being spent on administration of the Neighbourhood Renewal Fund is disproportionate and that Cabinet be asked to look at ways of rebalancing expenditure between activities and administration.

Councillor Scuplak in response said that he shared the concerns of the Committee but he noted that the Government had set up a complex monitoring process which meant that it was necessary to put in place sufficient arrangements to meet Government requirements. He stated that he had been assured by Officers that the arrangements that were in place were necessary. He further commented that he would keep the matter under review and if concerns developed then he would seek to take whatever action was possible within the constraints set down by  ...  view the full minutes text for item 28.

Councillor Coley submits a report advising Cabinet of the works recommended, to be funded from the Disability Discrimination Act Initiatives budget for 2004/2005, including the Access to Work portion of the budget and to seek approvals to enable the programme to proceed. The Cabinet is asked to approve the works as outlined in Appendix 1 of the report, authorise the Corporate Director of Resources, Access and Diversity to order the works, seek all the necessary consents and to approve further works or amend the programme as necessary throughout the year in consultation with the Lead Member for Property and Regeneration, authorise the Head of Legal Services to sign any contracts, and to note at Appendix 3 the duties that the Council will have under Part 3 of the Disability Discrimination Act 1995.

Councillor Coley submitted a report advising Cabinet of the works recommended to be funded from the Disability Discrimination Act Initiatives budget for 2004/2005, including the Access to Work portion of the budget and to seek approvals to enable the programme to proceed.

RESOLVED:

(1) that the works as detailed in Appendix 1 of the report including the allocation of £20,000 to Access to Work and a sum of £11,757 in the event that urgent works are required in the light of complaints received, be approved;

(2)that the Corporate Director of Resources, Access and Diversity be authorised to order the works;

(3)that the Corporate Director of Resources, Access and Diversity be authorised to seek all necessary consents;

(4)that the Corporate Director of Resources, Access and Diversity's Head of Legal Services be authorised to sign any contracts (if necessary) to allow the work to proceed;

(5)that the Corporate Director of Resources, Access and Diversity be authorised to approve further works during the year as necessary or reassess or amend the programme, in consultation with the Lead Member for Property and Regeneration;

(6)that the duties outlined at Appendix 3 that the Council will have under Part 3 of the Disability Discrimination Act 1995 be noted.

Councillor Scuplak submits a report seeking the Cabinet’s approval to appropriate land forming the site of the Performing Arts and Conference Centre (PACC) under s.237 of the Town and Country Planning Act, 1990, for the purposes of implementation of the planning consent for the PACC and to invoke the authorisation contained in section 237 of the Act to construct the PACC in accordance with the planning consent notwithstanding that which will interfere with adverse property rights. The Cabinet is also asked to authorise the Corporate Director of Regeneration and Culture in consultation with the Head of Legal Services to conclude with property owners adversely affected any compensation arrangements.

Members are asked to note that as part of this report, financial information relating to the properties is attached. These papers are marked ‘NOT FOR PUBLICATION’. The information in these papers is exempt as defined in paragraph 9 of Section 100A(4) of the Local Government Act 1972, as amended. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move into private session.

Councillor Scuplak submitted a report seeking the Cabinet’s approval to appropriate land forming the site of the Performing Arts and Conference Centre (PACC) under s.237 of the Town and County Planning Act 1990, for the purposes of implementation of the planning consent for the PACC and to invoke the authorisation contained in Section 237 of the act to construct the PACC in accordance with the planning consent notwithstanding that which will interfere with adverse property rights.  

RESOLVED:

(1)that the land forming the site of the Performing Arts and Convention Centre as described in the Report under section 122 of the Local Government Act, 1972 for planning purposes under section 232(1)(a) and (b) of the Town and Country Planning Act, 1990 be appropriated from the Corporate Estate and Traffic functions (the functions are respectively held under the following portfolios of Cabinet: Strategic Planning and Regeneration; Finance and Resources and Highways and Transportation); and the authorisation contained in section 237 of the 1990 Act be invoked to construct the Performing Arts and Conference Centre in accordance with the Consent notwithstanding the interference thereby caused with such adverse property rights as there may be and that payment of compensation with thereby become due;

(2)that the Corporate Director of Resources, Access and Diversity in consultation with the Corporate Director of Regeneration and Culture be authorised and requested to support the negotiation process with property owners adversely affected; to conclude with them satisfactory or appropriate compensation arrangements under section 237(4) of the Act and other relevant legislation, and to enter into Agreements with them recording the payment thereof; or to receive and advise upon their claims to the appropriate Tribunal or other body competent to order the payment and fix the amount of, compensation; and

(3)that the decision be considered urgent because of the need to move quickly to the construction phase, so as to meet the timetable required by funders; and that Cabinet procedure rule 12.d (that no call in may be made if the Cabinet decides when making a decision that the matter is urgent for specified reasons) shall apply.

Councillor Coley submits a report showing the outturn position of the 2003/2004 capital programme. The Cabinet asked to note a number  of recommendations which clarify the position of the outturn of the Capital programme.

Councillor Coley submitted a report showing the outturn position of the Council’s 2003/2004 capital programme.

Members of the Cabinet enquired whether it was possible in future Capital Programme monitoring reports, to include details of what the source of the funding was for Capital projects. The Chief Finance Officer undertook to include this information in future reports.

RESOLVED:

that the following be noted;

(1)the outturn for 2003/04 of £65.3 million;

(2)the outturn for 2003/04, excluding those schemes with a significant 3^rd party involvement, of  97% of the period 4 forecast;

(3)additional slippage of £4 million since period 10;

(4)expenditure brought forward of £3.2 million since period 10;

(5)the progress on specific schemes;

(6)outcomes relating to the Integrated Housing IT system;

(7)the level of achievement of capital receipts; and

(8)the current position on the Payback fund.

Councillor Metcalfe submits a report that seeks approval to make three Compulsory Purchase Orders under the City Council’s Empty Homes Strategy on three long-term privately owned vacant properties in areas of priority housing need. The Cabinet is asked to give approval to make the land and dwellings, as outlined in the report, the subject of individual Compulsory Purchase Orders (CPOs), in order to secure their improvement, proper management and occupation as residential dwellings.

Members are asked to note that as part of this report, financial information relating to the properties is attached. These papers are marked ‘NOT FOR PUBLICATION’. The information in these papers is exempt as defined in paragraphs 7 and 8 of Section 100A(4) of the Local Government Act 1972, as amended. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move into private session.

Councillor Blackmore submitted a report seeking approval to make five Compulsory Purchase Orders under the City Council’s Empty Homes Strategy on five long term privately owned vacant properties in areas of priority housing need.

RESOLVED:

(1)that the following land and dwellings outlined in the appendices to the report be made the subject of Compulsory Purchase Orders (CPOs) under sections 9 and 17 of the Housing Act 1985 and the Acquisition of Land Act 1981, in order to secure their improvement, proper management and occupation as residential dwellings:-

 22 Windemere Street

33 Wilmington Road

38 Strathmore Avenue

35 Oakthorpe Avenue

20 Hardy’s Avenue; and

(2)that the necessary capital expenditure be authorised from the Empty Homes Strategy in line with the agreed Capital Programme.

Councillor Coley submits a report seeking approval to make small amendments to the area to be included in the Compulsory Purchase Order for the Shires West extension, as reported and approved by Cabinet on 26 April 2004. The Cabinet is asked to reaffirm its resolution of the 26 April subject to an amendment of part of that resolution.

Councillor Scuplak submitted a report seeking approval to make small amendments to the area to be included in the Compulsory Purchase Order for the Shires West extension, as reported and approved by Cabinet on 26 April 2004.

RESOLVED:

(1) that the resolutionof Cabinet at its meeting on 26 April 2004 be reaffirmed with the exception of the first seven lines of the resolution which are replaced by the following seven lines:-

“the City Council to declare and subsequently make a Compulsory Purchase Order pursuant to section 226 (1)(a) and Section 226 (3) (a) of the Town & Country Planning Act 1990 for the purpose of acquiring the land and any necessary temporary rights as identified in the revised plan attached to this report, which is carrying out the development, redevelopment or improvement of the land in order to secure the successful carrying out of the Shires West Scheme. The formal making of the Order will be subject to:”

(2)that the decision is considered urgent because the project programme is very tight to secure Autumn 2007 opening of the completed scheme; and that Cabinet procedure rule 12.d (that no call in may be made if the Cabinet decides when making a decision that the matter is urgent for specified reasons) shall apply.

Councillor Coley submits a report seeking approval for expenditure of the additional resources for premises as approved in the budget. The Cabinet is asked to approve a number of recommendations to enable the budget to be spent.

Councillor Scuplak submitted a report seeking approval for expenditure of the additional resources for premises as approved in the budget.

Councillor Scuplak moved a recommendation in addition to those contained in the report which requested Officers to look at additional priorities for spending DfES money alongside the existing mobile classroom replacement programme.

RESOLVED:

(1)that the proposed indicative three-year spending programme as set out in Appendix 2, be approved;

(2)that the proposed maintenance programme for 2004/5 as set out in section 5 and in Appendix 3 and 4 of the report, be approved;

(3)that the Corporate Director Resources Access and Diversity, in consultation with the Cabinet Link for Property, be authorised to agree to any significant variations in the spending profile;

(4)that the proposed initial pilot programme of Property Health Surveys and estimated expenditure and release of £200,000, be approved;

(5)that in the light of the consultation feedback option 1 in relation to the £1.5m on going funding, and option 5 in relation to combining the new one off CMF funds and LEA/DfES funding, that this be approved;

(6)that use of part of the additional resources for premises to facilitate the Property Efficiency Review, be approved; and

(7)that in relation to the contribution from DfES funding, Officers undertake an exercise to review the programme for mobile classroom replacements and prioritise £300,000 of these alongside the maintenance programme for each of the next three years and a revised programme based on the relative priorities to then be drawn up.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Cabinet is entitled to consider certain items in private.  Members of the public will be asked to leave the meeting when such items are discussed.

The Cabinet is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, and consequently that the Cabinet makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Paragraph 7

Information relating to the financial or business affairs of any particular person (other than the authority).

AWARD OF CONTRACT FOR THE PROVISION OF BUILDING CLEANING SERVICES

The Chair agreed to receive a representation from the Staff Side Trades Unions preceding the Cabinet discussion on the Building Cleaning Contract report.

RESOLVED:

that the press and public be excluded during consideration of the following report in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of ‘exempt’ information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Paragraph 7

Information relating to the financial or business affairs of any particular person (other than the authority).

AWARD OF CONTRACT FOR THE PROVISION OF BUILDING CLEANING SERVICES

Councillor Ramsdale submits a report.

Councillor Ramsdale submitted a report to advise of the outcome of the tendering process for the provision of the Council’s building cleaning services and make a recommenda tion on the award of a contract for these services.

Written submissions from both Unison and the GMB were circulated to Members of the Cabinet.

Mark Challenor, Unison Convenor addressed the Cabinet and the points he raised are summarised as follows:-

-           The Trade Unions had particular concerns about the process that was followed including the level of consultation and union involvement.

-           The Council never intended to tender for the contract, but only did so under pressure from the unions.

-           There was no continuity in staff running the tender process.

-           It was felt ESPO didn’t have sufficient experience to be involved such a complex contract.

-           The Trade Unions weren’t consulted on the final tender document and there were concerns that it wasn’t a sufficiently robust document.

-             Concerns were expressed that so many of the initial tenderers were removed from the process.

-           It was felt the main competitor for the contract didn’t take in to account Workforce Matters in their tender submission.

-           It was felt the resources proposed to meet the terms of the contract by the main competitor were not sufficient and there could be future financial and industrial relations problems for the Council.

-             Concerns were expressed about the track record of a company in the same group as one of the short listed bidders.

-             Concerns were expressed about the statement made by the main competitor for the contract that the price could be altered if it felt the Council had provided misleading information.

Members of the Cabinet then sought clarification from Mr. Challenor on a number of matters raised in his submission. Members of the Cabinet in particular queried the particular concerns of Trade Unions in relation to TUPE and Workforce Matters. Mr Challenor stated that the main concern was the potential for the new contract holder to reorganise the working arrangements of transferred staff which could include the reduction of hours, which the new contract holder was entitled to do if it was due to economic or technical reasons.

The Chair thanked Mr. Challenor for his contribution. Mr Challenor then left the meeting.

The Service Director, Community Protection and Public Wellbeing then responded to a number of the points that were raised. He was generally concerned at the criticisms of the project team; he felt these criticisms were unjustified and misrepresented. He confirmed that the Code of Practice on Workforce Matters had been incorporated into the contract. He acknowledged that, under the legislation, changes to staff terms and conditions could be made as a result of a reorganisation undertaken for economic, organisational or technical reasons. The transfer would be on the basis that the transferred staff would transfer on their current terms and conditions.

He also presented to Cabinet a letter from the Director of ESPO, which stated that “ESPO are confident  ...  view the full minutes text for item 36.

The meeting closed at 6.25pm.