Agenda and minutes

Apologies were received from Councillor Follett.

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 on the agenda and/or declare that Section 106 of the Local Government Finance Act applied to them. No such declarations were made.

Councillor Willmott welcomed the recent White Paper, ‘Communities in Control,’ in particular the relaxation of the Widdicombe Rules regarding political restrictions on certain posts. He also welcomed the announcement that funding had been earmarked for strengthening voluntary sector leadership. He stated that the Council had already embraced aspects of ‘double devolution’, whereby communities were more empowered.

Councillor Willmott also stated that the Minister for Communities and Local Government had announced £270 million towards affordable housing, and that  a report would be received by Cabinet in the future regarding how the Council could utilise some of this funding.

The minutes of the meeting held on 23 June 2008 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 the Cabinet held on 23 June 2008 be confirmed as a correct record.

The Town Clerk reported that there were no matters referred from Committees.

Sheila Brucciani, Independent Chair of the Leicester City Council Standards Committee will give a verbal presentation on the Code of Conduct for Elected Members. Cabinet is recommended to note the contents of the presentation.

The Service Director, Democratic Services, gave a presentation regarding changes to the Code of Conduct for Elected Members and the new procedures for dealing with complaints regarding Elected Members. He outlined issues relating to personal and prejudicial interests, gifts and hospitality, dealing with confidential information, and the new responsibility for a local authority’s Standards Committee to investigate complaints about Members.

Sheila Brucciani, Independent Chair of the Standards Committee was present, along with Mary Ray, Independent Member of the Committee, to answer Members’ questions. Mrs Brucciani circulated fact sheets on the matters discussed. With regard to Members’ interests she stated that personal interests relating to memberships of outside bodies, where appointed by the City Council or membership of any other body exercising functions of a public nature, should only be declared if a Member wished to speak on a matter relating to that body.

Councillor Willmott thanked Mrs Brucciani for her attendance at the meeting and stated that the Cabinet had a duty to uphold standards as an example to the rest of the Council.

RESOLVED:

That the contents of the presentation and the fact sheets be noted.

Councillor Dempster submits a report that advises on the outcome of the Ofsted inspection of the Leicester City Council Fostering Service during the week beginning 25 February 2008. Cabinet is recommended to note the report.

The relevant minute extract of the Overview and Scrutiny Management Board held on 18 June 2008 will be circulated as soon as it is available.

Councillor Dempster submitted a report that advised on the outcome of the Ofsted inspection of the Leicester City Council Fostering Service during the week beginning 25 February 2008.

Officers were congratulated for the outstanding success of the inspection and noted that it was an exceptional achievement to receive an outstanding rating against each of the six categories inspected.

RESOLVED:

1)     That the report from OFSTED regarding Leicester City Council’s Fostering Service be noted.

2)     That the positive comments of the Overview and Scrutiny Management Board be noted.

3)     That the Cabinet congratulates all those involved in making the service successful.

Councillor Dempster submits a report that informs Cabinet of progress in developing Children’s Centres, the approach adopted for the management of the centres and the procurement process to secure the external management of nine of the centres. Cabinet is recommended to note the progress made, the approach taken for the management of the centres and the procurement process for the external management of nine of the centres.

The relevant minute extract of the Overview and Scrutiny Management Board held on 18 June 2008 will be circulated as soon as it is available.

Councillor Dempster submitted a report that informed Cabinet of progress in developing Children’s Centres, the approach adopted for the management of the centres and the procurement process to secure the external management of nine of the centres.

Councillor Willmott stated that the arrangements outlined in the report were excellent and that it was necessary to review the management in order to ensure the Centres were able to deliver. He also stated that Children’s Centres were important in addressing the inequalities agenda.

RESOLVED:

That Cabinet:

1)     Notes the progress made in developing Children’s Centres.

2)     Notes the approach that the Children and Young People’s Services have adopted for the management of the Centres.

3)     Notes the procurement process in place to secure the external management of 9 of the 23 centres.

4)     Notes the comments of the Overview and Scrutiny Management Board.

Councillor Dempster submits a report that informs Cabinet of the planned remodelling of the Secondary Behaviour Support Service. Cabinet is asked to approve the recommendations as set out in Paragraph 3.1 of the report.

Councillor Dempster submitted a report that informed Cabinet of the planned remodelling of the Secondary Behaviour Support Service.

Councillor Willmott stated that this service was an important part of raising standards within the City’s schools, and that it was important to reduce permanent exclusions.

RESOLVED:

That Cabinet:

1)     Notes the contents of the report.

2)     Notes the proposed re-modelling of the Secondary Behaviour Support Service.

3)     Notes the intention to submit a bid for DCSF funding for the operation of a pilot project of alternative education provision, in line with one of the proposed options for delivery in the Government’s White Paper – Back on Track (May 2008).

4)     Approves the use of the former Cherryleas site by the Secondary Behaviour Support Service, to create an Assessment and Intervention Centre and approve the necessary expenditure for conversion work to the building, as outlined in Section 5 of the report.

5)     Approves the addition of the scheme to the CYPS Capital Programme at an estimated cost of £600,000, to be funded at this stage by Basic Need Pupil Places allocation which is a service resource.

6)     Notes the positive comments made by the Overview and Scrutiny Management Board.

Councillor Dempster submits a report that seeks Cabinet’s approval of the current forecast additional costs of the Transforming Leicester’s Learning Plan and the proposed sources of funding for the period Autumn 2007 to July/August 2009. Cabinet is recommended to consider and approve the identified costs and the proposed funding package, and to note that the spending and funding will be closely monitored and assessments made regarding the impact on school improvement.

The relevant minute extract of the Overview and Scrutiny Management Board held on 18 June 2008 will be circulated as soon as it is available.

Councillor Dempster submitted a report that sought Cabinet’s approval of the current forecast additional costs of the Transforming Leicester’s Learning Plan and the proposed sources of funding for the period Autumn 2007 to July/August 2009.

Councillor Willmott stated that the report represented significant levels of investment in the City’s schools and showed the Council’s commitment to turning education provision around in the City. He congratulated officers for their work and asked for the proposals to be implemented as soon as possible.

RESOLVED:

That Cabinet:

1)     Notes the comments of the Overview and Scrutiny Management Board.

2)     Approves the identified costs and the proposed funding package as set out in the report.

3)     Notes that the spending and funding will be closely monitored, and assessments made of whether the additional financing has a commensurate impact on school improvement and improvement outcomes.

Councillor Kitterick submits a report that informs Cabinet of urgent action taken by the Corporate Director of Resources in consultation with the Leader, Portfolio Cabinet Member and Chair and Vice-Chair of the Overview and Scrutiny Management Board. Cabinet is recommended to note the urgent action taken to authorise the expenditure of £510,000 for the demolition of the former Mundella Community College buildings using Prudential Borrowing Spend to Save monies.

Councillor Kitterick submitted a report that informed Cabinet of urgent action taken by the Corporate Director of Resources in consultation with the Leader, Portfolio Cabinet Member and Chair and Vice-Chair of the Overview and Scrutiny Management Board with regard to the demolition of the former Mundella Community College.

Members stated that they welcomed the demolition as it was an eyesore and was needed to facilitate regeneration of the area.

RESOLVED:

That Cabinet notes the urgent action taken by the Corporate Director of Resources in consultation with relevant Members to authorise the expenditure of £510,000 for the demolition of the former Mundella Community College buildings using Prudential Borrowing Spend to Save monies to be repaid following completion of the sale of the site.

Councillor Kitterick submits a report that outlines the options for improving the link between the station, city centre and business quarter that have been appraised. Cabinet is recommended to consider the strengths and weaknesses of the preferred options and decide which option they prefer.

Councillor Kitterick submitted a report that outlined the options for improving the link between the station, city centre and business quarter that had been appraised.

Opposition Leaders questioned the recommendation to close the subway, stating that it could lead to more accidents on the road crossing, and that the subway had not been identified as a particular safety concern. They also asked if a cycleway could be provided through the subway. They recognised the unsuitability of the subway for people with mobility difficulties.

Councillor Kitterick responded that, although some people may be inconvenienced by the proposal, it was important to create a good first impression of the city upon visitors’ arrival from the station. He stated that the cumulative effect of a better impression of the city to investors and employees, would, in time, cover the cost of the proposed work. He stated that the current subway was very difficult for some people to negotiate due to the steep gradient, and that this would also cause problems for cyclists, who would have to take the subway at speed. Barriers would be required if a cycle way was installed, and this would add to the unwelcoming feel of the subway.

Councillor Willmott stated that he welcomed the proposal to close the subway, as it was an important part of the Council’s 25 year vision.

RESOLVED:

That Cabinet identifies Option 4 in the report – provide a direct ‘at grade’ crossing by filling in the subway – as their preferred option.

Councillor Kitterick submits a report that seeks Cabinet approval of the principle of establishing a City Development Company across Leicester and Leicestershire, as called for in the One Leicester Sustainable Community Strategy. Cabinet is asked to approve the recommendations as set out in Paragraph 3 of the report.

Councillor Kitterick submitted a report that sought Cabinet’s approval of the principle of establishing a City Development Company across Leicester and Leicestershire, as called for in the One Leicester Sustainable Community Strategy. He stated that this was a Majority Group manifesto commitment and was supported by the Governments’ view of regeneration.

In response to the Overview and Scrutiny Management Board’s comments, Councillor Kitterick stated that the early appointment of a chief executive was necessary to drive forward the implementation of the project and would enable the new Chief Executive to mould the organisation in a way that would work best. It was recommended, therefore, that the title of Chief Executive remain.Issues of performance related pay would be considered at a later stage. He stated that there was a willingness between the City, County and District councils to work together on the issue.

RESOLVED:

That Cabinet:

1)     Endorses the principles, direction of travel and functionality of the Economic Development Company (EDC) as outlined in the report.

2)     Agrees to the establishment of the EDC as set out in the work programme detailed at 5.14 of the report including the early appointment of a Chief Executive to be responsible for driving this programme forward and leading the new organisation.

3)     Considers a further report before March 2009 formally launching the EDC.

Councillor Wann submits a report that advises Members of the recommendations made during public consultation on the proposed dog control orders and that seeks approval to commence the legal process to introduce them in the city. Cabinet is asked to approve the recommendations as set out in Paragraph 3 of the report.

Councillor Wann submitted a report that advised Members of the recommendations made during public consultation on the proposed Dog Control Orders and sought approval to commence the legal process to introduce the Orders in the city.

RESOLVED:

That Cabinet:

1)     Agrees appropriate Dog Control Orders for the city as set out in the report.

2)     Requests the Service Director, Legal Services, to remove cycle tracks from the schedule to the Dog Exclusion Leicester City Council Order 2008 as outlined in paragraph 4.5 of the report.

3)     Agrees an implementation date of 1 September 2008.

4)     Requests that the Corporate Director of Regeneration and Culture makes the necessary arrangements for the implementation and subsequent enforcement of these Orders, including authorisation of relevant council officers.

5)     Requests that the Corporate Director of Regeneration and Culture be delegated to consider any future representations and be authorised to make amendments to the existing Dog Control Orders as outlined in paragraph 4.12 of the report.

Councillor Wann submits a report that describes how extending the network of the district heating schemes will achieve transformation of Leicester into Britain’s Sustainability City. Cabinet is asked to approve the recommendations as set out in Paragraph 3 of the report.

The relevant minute extract of the Overview and Scrutiny Management Board held on 8 July 2008 will be circulated as soon as it is available.

Councillor Wann submitted a report that described how extending the network of district heating schemes would achieve transformation of Leicester into Britain’s Sustainability City.

Members expressed their support for the proposal due to the impact it would have on the carbon emissions in the City. Discussion took place regarding the type of fuel that would be used and it was noted that the possibility of using Council-produced flock was being investigated. It was noted that the Overview and Scrutiny Management Board had requested that a task group be set up to investigate the matter, and this was supported by Cabinet Members.

RESOLVED:

That Cabinet:

1)     Supports the principle of implementing the Scheme as set out in the report to extend district heating and the use of combined heat and power in central Leicester and that a private sector led approach is chosen as the preferred delivery mechanism.

2)     Authorises expenditure  of up to £100,000 for a Project Manager and technical advice form the provision of £400,000 for combined heat and power, approved as  part of the corporate capital programme by Council on 27 March 2008.

3)     Authorises work to commence with partners on the design of procurement exercises and that a further report be brought to Cabinet on the specific details of what the Council will ‘buy’, before expressions of interest are formally sought from the market. In particular, the specifics need to resolve:

-          whether or not it is technically more efficient to procure individual meters as part of the same process, whilst ensuring that this does not jeopardise the fundability of the scheme;

-          the extent to which the second project is incorporated within the approach to the market, without making any form of pre-commitment at this stage.

Councillor Willmott submits a report that seeks Cabinet’s approval of the procurement plan for 2008/09. Cabinet is asked to approve the recommendations as set out in Paragraph 3 of the report.

Councillor Willmott submitted a report that sought Cabinet’s approval of the procurement plan for 2008/09.

RESOLVED:

That Cabinet

1)     Approves the forward plan of procurement activities as set out in Appendix 1 of the report.

2)     Notes that the plan will be reviewed from time to time.

3)     Notes that actual procurement activity will be monitored against the plan by the Select Committee.

4)     Notes that on 21 April 2008 Cabinet reserved to itself the decision to let contracts in excess of the EU thresholds.

5)     In accordance with the Scheme of Delegation to individual Cabinet Leads approved at the Cabinet meeting on 23 June 2008, approves the delegation of the letting of individual contracts included in this Procurement Plan (as may be amended from time to time).

6)     In respect of decisions to spend area based grant, delegates approval to the Director of Partnership, Performance and Policy to enter into contracts, in consultation with the Chair of Leicester Partnership Executive Board, subject to subsequent reporting to Cabinet of contracts let.

Councillor Willmott submits a report that outlines the Council’s first Information Management Strategy. Cabinet is recommended to agree the aims and objectives of the first Information Management Strategy 2008-2011 and agree the priorities and outcomes as set out in Appendix A of the report.

The relevant minute extract of the Performance and Value for Money Scrutiny Committee held on 3 July 2008 will be circulated as soon as it is available.

Councillor Willmott submitted a report that outlined the Council’s first Information Management Strategy.

RESOLVED:

That Cabinet:

1)     Agrees the aims and objectives of the first Information Management Strategy 2008-2011.

2)     Agrees the priorities and outcomes in Appendix A of the report.

Councillor Willmott submits a report that enables compliance with the requirements of the Council’s Corporate Governance Code and reports the position regarding Local Ombudsman complaints. Cabinet is recommended to review the position as summarised in the report, together with comments from the Audit and Standards Committees, and to authorise the Service Director, Legal Services, to produce a final form of Corporate Assurance Statement in consultation with the Council’s Leader and Chief Executive.

The relevant minute extracts of the Audit Committee held on 25 June 2008 and the Standards Committee held on 9 July 2008 will be circulated as soon as they are available.

Councillor Willmott submitted a report that enabled compliance with the requirements of the Council’s Corporate Governance Code and reported the position regarding Local Ombudsman complaints.

Members considered the recommendations of the Audit and Standards Committees, particularly in relation to the recommendations regarding publicising the whistleblowing and anti-fraud and corruption policies.

RESOLVED:

That Cabinet authorises the Service Director, Legal Services, to produce a final form of Corporate Assurance Statement in consultation with the Council’s Leader and Executive.

Service Director Posts

Councillor Willmott submits a report that proposes a way forward for the recruitment to the vacant post of Service Director (Business Improvement) and seeks approval for the establishment of the post of Head of Programme and Change Management and agree a way forward for its recruitment, Cabinet is asked to approve the recommendations as set out in paragraph 5.2 of the report.

The report is considered urgent due tot eh need to expedite the appointment of the post in order to prepare the organisation for the strategic programmes and projects necessary to support the One Leicester Vision. The post needs to align such programmes with the budget process and service planning processes which star imminently.

Service Director Posts

Councillor Willmott submitted a report that proposed a way forward for the recruitment to the vacant post of Service Director (Business Improvement) and sought approval for the establishment of the post of Head of Programme and Change Management and to agree a way forward for its recruitment.

The report was considered urgent due to the need to expedite the appointment of the post in order to prepare the organisation for the strategic programmes and projects necessary to support the One Leicester Vision. The post needed to align such programmes with the budget process and service planning processes which were due to start imminently.

RESOLVED:

That Cabinet:

1)     Approves the addition to the establishment of the post of Head of Programme and Change Management.

2)     Approves the funding as shown in the report.

3)     Supports the Employees Committee’s decision of 13 June 2008 to re-title the Service Director, Business Improvement as a Director of Human Resources and update the job description for this post to ensure it properly enables current strategic and corporate priorities to be delivered.

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).

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).

ENDERBY AND BIRSTALL PARK AND RIDE INCLUDING ST NICHOLAS PLACE BUS STOPS

SOUTHFIELDS JOINT SERVICE CENTRE OUTLINE

CONTRACTING WITH THE VOLUNTARY SECTOR ‘GRANT AID CONTRACTS’

Councillor Kitterick submits a report.

The relevant minute extract of the Overview and Scrutiny Management Board held on 8 July 2008 will be circulated as soon as it is available.

Councillor Kitterick submitted a report that outlined progress on Park and Ride and sought approval to jointly commission (with the County Council) the construction of the Enderby Park and Ride car park site and bus service.

RESOLVED:

That Cabinet approves the recommendations as set out in Paragraph 3 of the report.

Councillor Draycott submits a report.

Councillor Draycott submitted a report that sought approval of the proposals for a Joint Service Centre on the site of former schools at Southfields Drive providing facilities for a range of council and health services under a Local Finance Improvement Trust scheme, and approval of the submission of the Outline Business Case for obtaining PFI credits.

RESOLVED:

That Cabinet approves the recommendations as set out in the report.

Councillor Willmott submits a report.

Councillor Willmott submitted a report about the reprovision of services currently and historically contracted under ‘grant aid contracts’ with the voluntary sector as from 1 April 2009.

Members asked if there was opportunity for oragnisations to be moved into different categories for the contracts and officers replied that waivers could be given outside Cabinet under delegated powers, should Cabinet choose to not block waivers.

RESOLVED:

That Cabinet approves the recommendations as set out in the report.

The meeting closed at 2.15pm.