Agenda and minutes

There were no apologies.

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

Councillor Sandringham declared a personal and prejudicial interest in Appendix E, 'Disability Discrimination Act Initiatives 2007/08', as an employee of an organisation for which funding was proposed.  She left the meeting during consideration of this item.

101 Call Centre

The Leader reported on the success of the 101 call centre and the good coverage for the service on TV last week and in the Leicester Mercury.

It was noted that call volumes had been climbing, culminating last Friday in the highest ever number of calls, when 246 people rang the service.  He noted that this was a major success story for Leicester and a good example of partnership working with the police and other local authorities.

He extended his congratulations to all the staff involved in its success.

Local Neighbourhood Management

The Leader referred to the currently developing system of local neighbourhood management in five different parts of the city:  St Peters, St Marks, New Parks, Beaumont Leys, and Saffron and presented an updated briefing publication on progress so far.

Appointment of Corporate Director of Regeneration & Culture

The Leader congratulated Andy Keeling on his appointment as Corporate Director of Regeneration and Culture.

Items referred from Council on 30 March 2007

The Leader reported that two items had been referred back to Cabinet at last Thursday's Council Meeting - the Animal Friendly Report (which he had agreed to take as a matter of urgent business) and the enforcement of parking regulations in residential streets, on which a report would be submitted to Cabinet in due course.

The minutes of the meeting held on 12 March 2007 have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

that the minutes of the meeting held on 12 March 2007, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

Adult and Community Services Scrutiny Committee – 21 March 2007

Proposed Funding Changes to ESOL Provision

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

“that, in view of the proposed funding changes put forward by the LSC, and of the large number of disadvantaged Leicester residents likely to be affected by these proposals, Cabinet be asked to give consideration to look at alternative ways of funding the ESOL provision in Leicester”.

Councillor Gill to respond.

Adult and Community Services Scrutiny Committee – 21 March 2007

Proposed Funding Changes to ESOL Provision

The following was agreed at the above meeting.

“that, in view of the proposed funding changes put forward by the LSC, and of the large number of disadvantaged Leicester residents likely to be affected by these proposals, Cabinet be asked to give consideration to look at alternative ways of funding the ESOL provision in Leicester”.

Councillor Gill responded to the referral and reported that the Adult Skills and Learning Service proposed to second a full time member of staff until 31 May 2007 with a specific brief as follows:-

a)         to work up some viable options for alternative ways of funding ESOL provision

b)         to analyse the need for ESOL and use that information to prepare evidence to support lobbying at national, regional and local level for the economic and social benefits of ESOL provision

c)         to expand work with Leicestershire LSC on a pilot project for ESOL provision to support an increase in employment opportunities for BME communities linked to the City Strategy Initiative.  It was noted that it was hoped that this would be funded nationally.

Councillor Sandringham submits a report that seeks Cabinet endorsement of spending proposals by Area Committees.  Cabinet is recommended to note budget commitments spent ahead of this Cabinet but agreed by officers in consultation with the relevant Members as a matter of urgency due to time constraints, as detailed in Appendix A.

Councillor Sandringham submitted a report that sought Cabinet approval of spending proposals by Area Committees.

RESOLVED:

that the Area Committee budget proposals detailed in Appendix A of report be approved.

Councillor Gill submits a report that seeks Members’ approval for the revision and updating of the Fairer Charging Policy.  Cabinet is requested to approve the updated Fairer Charging Policy document for implementation from 16 April 2007.

The relevant minute extract from Adult and Community Services Scrutiny Committee on 21 March 2007 is attached.

Councillor Gill submitted a report that sought approval for the revision and updating of the Fairer Charging Policy.  The relevant minute extract from Adult and Community Services Scrutiny Committee on 21 March 2007 had also been circulated.

RESOLVED:

                        that the updated Fairer Charging Policy Document, as attached to the report, be approved for implementation from 16 April 2007.

Councillor Gill submits a report that outlines the requirement to determine eligibility for services under the Government’s guidance on Fair Access to Care Services.  Cabinet is requested to support the recommendation that the threshold of eligibility should continue to be placed at ‘substantial’ and ‘critical’.

Councillor Gill submitted a report that outlined the requirement to determine eligibility for services under the Government’s guidance on Fair Access to Care Services. 

RESOLVED:

            that the continuation of the threshold of eligibility at ‘substantial’ and ‘critical’, as indicated in Appendix A of the report, be supported.

Councillor Coley submits a report that advises Cabinet of the works recommended to be funded from the Disability Discrimination Act Initiatives budget for 2007/08, and to seek approval to enable the programme to proceed.  Cabinet is recommended to approve the works in Appendix 1 including the allocation of £20,000 to the Access to Work Scheme and the urgent works contingency, authorise the Corporate Director of Resources to order the works, authorise the Corporate Director of Resources to seek all necessary consents, authorise the Head of Legal Services to sign any contracts as necessary to allow the work to proceed and delegate authority to the Corporate Director of Resources to approve further works during the year, reassess or amend the programme as necessary, in consultation with the Cabinet Lead Member for Resources and Corporate Issues.  

Councillor Coley submitted a report that advised Cabinet of the works recommended to be funded from the Disability Discrimination Act Initiatives budget for 2007/08, and seeking approval to enable the programme to proceed.

RESOLVED:

(1)               that the works detailed in Appendix 1 of the report, including the allocation of £20,000 to the Access to Work Scheme and the urgent works contingency, be approved.

(2)               that the Corporate Director of Resources be authorised to order the works. 

(3)               that the Corporate Director of Resources be authorised to seek all necessary consents.

(4)               that the Service Director, Legal Services be authorised to sign any contracts as necessary to allow the work to proceed; and

(5)that the Corporate Director of Resources be authorised to approve further works during the year, reassess or amend the programme as necessary, in consultation with the Cabinet Lead Member for Resources.

Councillor Suleman submits a report that briefs Cabinet on the outcome of the recent consultation exercise for Admission Arrangements for 2008 and seeks approval for City Council arrangements for 2008 and a number of related recommendations as set out in paragraph 1.2 of the report.

The relevant minute extract of the Children and Young People Scrutiny Committee on 14 February 2007 is attached.

Councillor Suleman submitted a report that briefed Cabinet on the outcome of the recent consultation exercise for School Admissions Arrangements for 2008 and made proposals for future years.

The relevant minute extract of the Children & Young People Scrutiny Committee on 14 February 2007 had also been circulated to the Cabinet and Councillor Suleman thanked the Committee for their helpful comments.  He also congratulated the staff involved in the exercise.

Councillor Suleman noted that there were still some issues that needed addressing and reassured the Cabinet that there was still plenty of opportunity for discussions with regard to arrangements beyond 2008.  He also gave an assurance that priority would be given to children living in Eyres Monsell for places at the Samworth Academy.

RESOLVED:

(1)that the proposed schools admissions arrangements as detailed in section 6.1 and at appendix A of the report be approved.

(2)that the proposed methodology for future consultation in connection with admission arrangements for 2009/10 and beyond as detailed in paragraph 6.2 and 6.3 of the report be endorsed and supported.

(3)               that the proposed methodology and approach to the possible future Nursery/ F1 issues as a result of requirements stemming from the new Childcare Act 2006 as detailed in sections 6.5.1 and 6.5.2 of the report be endorsed and supported.

(4)               that the proposed methodology and approach to possible future variations to accommodate mandatory changes stemming from new statutory Admissions Code as detailed in sections 6.6.1 and 6.6.2 of the report be endorsed and supported; and

(5)that the improved performance at secondary and junior transfer for September 2007 entry as detailed at section 7 of the report be noted.

Councillor Scuplak submits a report that seeks Cabinet approval for the adoption of the Supplementary Planning Guidance Document for Tall Buildings.

Appendix A is attached for Members of the Cabinet only.  Further copies can be obtained by phoning Committee Services on (0116) 2526021.

Councillor Scuplak submitted a report that sought Cabinet approval for the adoption of the Supplementary Planning Guidance Document for Tall Buildings, which aimed to guide developers in the planning and design of tall buildings and stipulated the criteria by which they would be assessed by the planning authority.

RESOLVED:

            that the Supplementary Planning Guidance for Tall Buildings be adopted.

Councillor Sandringham submits a report that provides information on the first Domestic Violence Interagency strategy in Leicester and seeks comments and commitment to assist the delivery of the strategy.  Cabinet is recommended to endorse the Leicester Domestic Violence Inter-Agency Strategy 2007/09.

The relevant minute extract from Housing and Community Safety Scrutiny Committee on 28 March 2007 will be circulated as soon as it is available. 

Appendix B to the report is attached for Members of the Cabinet only.  Further copies are available on the Council’s Web Site at:  http:www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6021.

Councillor Sandringham submitted a report that provided information on the first Domestic Violence Interagency strategy in Leicester and sought commitment to assist the delivery of the strategy.  Councillor Sandringham thanked the staff involved in producing the strategy.

The relevant minute extract from Housing and Community Safety Scrutiny Committee on 28 March 2007 had also been circulated to the Cabinet.

RESOLVED:

            that the Leicester Domestic Violence Inter-Agency Strategy 2007/09 be endorsed.

Councillor Smith submits a report that asks Cabinet to consider the comments from the Housing and Community Safety Scrutiny Committee and indicate whether Frederick Thorpe House Sheltered Housing Scheme should be closed, and if the scheme is to close, agree that residents receive the highest priority for rehousing and are paid statutory homeloss payment, their removal expenses and practical assistance with moving. 

The relevant minute extract from Housing and Community Safety Scrutiny Committee on 28 March 2007 will be circulated as soon as it is available. 

Councillor Smith submitted a report asking Cabinet to consider the comments from the Housing and Community Safety Scrutiny Committee and indicate whether Frederick Thorpe House Sheltered Housing Scheme should be closed in the light of low demand for this facility.

The relevant minute extract of the Housing and Community Safety Scrutiny Committee on 28 March had been circulated to the Cabinet and it was noted that the Scrutiny Committee had made no recommendation regarding closure but that they had recognised the need for sheltered accommodation.

Councillor Smith confirmed that there was no opposition to closure from tenants of Frederick Thorpe House or the ward councillors.

RESOLVED:

(1)that Frederick Thorpe House Sheltered Housing Scheme be closed; and

(2)that residents receive highest priority for rehousing and are paid statutory homeloss payment, their removal expenses and practical assistance with moving.

Councillor Coley submits a report that seeks a decision on the continued provision of added years for teachers following the consultation process on this aspect of the early retirement policy for teachers.  Cabinet is asked to note the outcome of the consultation process and in the light of the response from the TCC, confirm whether the provision of added years should be withdrawn for Teachers.

The relevant minute extract from the Resources and Corporate Issues Scrutiny Committee on 15 March will be circulated as soon as it is available.

This item was deferred for further work to be carried out.

Councillor Scuplak submits a report that seeks Cabinet approval to the principle of City Council engagement with Blueprint within the Waterside Intervention Area, and a number of related recommendations as set out in paragraph 3.1 of the report.

Councillor Scuplak submitted a report that outlined the broad proposals for the Waterside Intervention Area developed in partnership with 'Blueprint' and seeking Cabinet approval to the principle of engagement with 'Blueprint' to progress the work.

RESOLVED:

(1)               that the principle of working in partnership with Blueprint and the Council's other regeneration partners; English Partnerships (EP), East Midlands Development Agency (EMDA) and the Leicester Regeneration Company (LRC) within the Waterside Intervention Area be approved.

(2)               that the principle of working in partnership with Blueprint and the Council’s other regeneration partners (EP, EMDA, LRC) if appropriate, on other regeneration/development proposals, which it is thought are beneficial to the City Council be approved.

(3)               to note that further reports would be brought as required to formalise agreements and other issues arising from partnership working.

(4)that the Service Director, Legal Services and the Chief Finance Officer must be satisfied that all proper legal, financial and procurement procedures (including where appropriate EU procurement rules) have been satisfied or addressed prior to agreement on further engagement with the agencies referred to in 1 and 2 above.

The Chair reported that he had agreed to the admission to the agenda of an Item of Urgent Business referred back from Council on 30 March with regard to an Animal Friendly Purchasing Policy.  The reason for urgency was to enable the Council to utilise the relevant skills and knowledge of the current Chair of the Animal Friendly Working Party, along with other Members of the Working Group, in the period prior to the local elections.

Councillor Sandringham submitted a report to enable Cabinet re-consideration of the request for resources by the Chair of the Animal Friendly Working Group following an Objection and referral back to Cabinet at the Council Meeting on 29 March 2007.  It was noted that the Council agreed as follows:-

“That Council fully supports the Animal Friendly purchasing policy first  proposed by the Labour Group but refers  back to Cabinet the detail of implementation for the following reasons:-

(a)            Scrutiny had not had the opportunity to consider if this is the best way of achieving effective implementation.

(b)       The advice of the Chief Finance Officer which indicates this would increase the £1.3 shortfall in the budget. Council should understand the implications on the department’s budget before agreeing to this proposal.

(c)        The advice of the Council’s Legal Department which makes it clear that without further analysis this approach is not only unlikely to work but may run the risk of breaching section 127 of the LCGA 1988.”

RESOLVED:

                        that in implementing the decision of the Cabinet taken at its meeting on 12 March 2007, Cabinet notes the funding arrangements as identified by the Chief Finance Officer and in terms of the legal issues associated with this policy asks the Corporate Director of Resources and the Corporate Director of Regeneration and Culture to initiate the required research to ensure successful implementation of the policy.

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, as amended 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 and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

-          Proposed Sale of Development Land at East Hamilton

RESOLVED:

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 and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Proposed Sale of Development Land at East Hamilton

Councillor Scuplak submits a report.

Councillor Coley submitted a report on the above.  In considering the report, Cabinet were concerned that the Masterplan for the development of the area was expedited.

RESOLVED:

(1)that the freehold disposal of 4 hectares of land at East Hamilton shown on the Plan attached to the report, to Developer A, in the sum and on the terms detailed in the report, be approved.

(2)that the Service Director, Legal Services be authorised to enter into the necessary legal documentation.

(3)that the Corporate Director of Resources be authorised to approve any alterations to the terms of disposal and to take all necessary action to progress and complete the proposed disposal in consultation with the Cabinet Lead Member for Resources.

(4)that the Corporate Director of Resources, in consultation with the Lead Member for Resources, be authorised to proceed with one of the under bidders in the event that the highest bid does not proceed to completion; and

(5)that the Corporate Director of Regeneration and Culture be requested to expedite the Masterplan for the area.

The meeting ended at 6pm.