Stratford-on-Avon:

Minutes for The Cabinet meeting, Jun 1 2009, 2.00PM official page

Other committee documents for Stratford-on-Avon :: The Cabinet details

Venue: Council Chamber, Elizabeth House, Stratford-upon-Avon. View directions

Contact: Mr Alan Sheepy 

Items No. Item

34.

Disclosure of Interests

(Note: Members are reminded that the Code of Conduct provides that should they have a prejudicial interest in any matter under discussion and providing the matter is considered in public session, they are entitled to make representations and answer questions if members of the public are granted the same entitlement. Members must leave the room before the ensuing debate and vote and must not attempt to improperly influence a decision about that matter.)

 

Minutes:

No disclosures of interest were made at this point of the meeting.

35.

Minutes PDF 28 KB

To confirm and sign the minutes of the meetings held on 30 March and 6 April 2009

Additional documents:

Minutes:

Subject to the inclusion of the names of Councillors V Hobbs (OSC Chairman), E Payne (OSC Chairman) and H Wright (Leader Liberal Democrat Group) as being in attendance at the meeting on 30 March 2009, the Minutes of the meetings of the Cabinet held on 30 March and 6 April 2009 were confirmed and signed.

36.

High Level Service Actions for 2009/10 PDF 32 KB

To consider the endorsement of the high level service actions planned for 2009/10 to 2011/12 that have been developed to reflect the reduced level of resource currently available.

Additional documents:

Minutes:

All Portfolio Holders

 

Consideration was given to endorsing the high level service actions planned for 2009/10 to 2011/12 that had been developed to reflect the reduced level of resources available.

 

The options open to the Cabinet were to:

 

1)     endorse the actions as presented;

 

2)     endorse the actions in an amended form agreed at the meeting; or

 

3)     reject the actions and request that they be re-considered ahead of being presented as part of the single Council Plan report scheduled to be presented to Cabinet on 27 July 2009.

 

In considering the options, the Cabinet acknowledged that

 

·         the high level actions proposed were those considered to be critical to the ongoing improvement of the Council and to securing positive outcomes for the area; and

 

·         it needed to be as certain as it could be that the Council had the resources to deliver on these actions, as any failure to do so would carry a high level of risk.

 

Having regard to the above and subject to an amendment being made to the Plan for Community Services by amending the task included in the objective to extend opportunities for active leisure pursuits to read ‘Appoint Contractor for New Leisure Contract’, it was

 

          RESOLVED:

 

          That the High Level Service Action Plans, as amended, be endorsed.

 

NOTE: This item is subject to call-in to OSC A or B as appropriate having regard to the service concerned.

37.

Prudential Indicators - 2008/09 Outturn Position PDF 66 KB

To receive the Outturn position for the Prudential Indicators for the year ended 31 March 2009.

Minutes:

Councillor Tony Dixon – Resources Portfolio

 

Details were reported of the Prudential Indicators outturn position for the year ended 31 March 2009, as reflected in the Capital and Revenue outturn reports considered under Minutes * and * below.

 

          RESOLVED:

 

            That the report be noted.

 

This item is not subject to call-in as no decision has been taken other than to note the report.

38.

Revenue Outturn 2008/09 PDF 50 KB

To receive details of the Revenue Outturn position for the year ended 31 March 2008 and to consider amending the 2008/09 Revenue Budget in respect of slippage.

Additional documents:

Minutes:

Councillor Tony Dixon - Resources Portfolio

 

Consideration was given to report identifying and explaining significant variances between actual expenditure and the approved estimates in 2008/2009.

 

In addition, the report identified and requested approval for budget slippage where, for various reasons, it had not been possible to spend the budget within the year.

RESOLVED:

 

(1)  That the draft 2007/2008 outturn figures be noted and the explanation of variances accepted;

 

(2)  That Revenue slippage of £204.9k be approved; and

 

(3)  That it be noted that the revised draft revenue reserve balance of £2.5m exceeded the reserve target of £2.0m.

 

NOTE: This item is subject to call-in to OSC B.

39.

Capital Outturn 2008/09 PDF 56 KB

To receive the Capital Outturn figures for 2008/09

Additional documents:

Minutes:

Councillor Tony Dixon – Resources Portfolio Holder

 

The Executive considered a paper

 

·         providing details on the final 2008/09 Capital Expenditure against budget;

 

·         detailing requests made for some capital budgets to be slipped to 2008/09, as outlined in the report; and

 

·         outlining a suggested Capital Budget for 2008/09 if all requests for slippage were approved.

 

Details of the expenditure compared to budget for each scheme was indicated in Appendix A to the report.

 

Having considered the report, it was

 

RESOLVED:

 

That the Capital Budget for 2008/09 be increased by £2,092,073, as detailed in Appendix B, for slippage financed by the capital receipts as budgeted for in 2008/09.

 

NOTE : This item is subject to call-in to OSC B.

 

40.

Application for Write-off PDF 27 KB

To consider a request to write-off an outstanding debt to the Council

Minutes:

Councillor Tony Dixon – Resources Portfolio

 

In accordance with Regulation 13(6) of the Council’s Financial Regulations, consideration was given to writing-off a debt of £5,068.22 that was outstanding in respect of the property known as 7 Wood Street, Stratford-upon-Avon as the lessee had now ceased to trade.

 

The options open to the Cabinet were to either approve the write-off or recommend a further course of action to be taken to recover the outstanding debt.

 

In considering the options, the Cabinet accepted that the Company to which the debts related had passed through administration into liquidation and had ceased to trade with the result that it was not possible to collect the outstanding invoices. Accordingly, it was

 

          RESOLVED:

 

          That the outstanding debt of £5,068.22 be written-off

 

NOTE: This item is subject to call-in to OSC B.

41.

Lease of Land to Stratford Rugby Club PDF 35 KB

To consider proposals for the renewal of the leases of land to Stratford Rugby Football Club

Additional documents:

Minutes:

Councillor Tony Dixon – Resources Portfolio

 

Consideration was given to the results of discussions held with Stratford-upon-Avon Rugby Club on the potential of renewing agreements with them for the lease of two parcels of land off Loxley Road, Stratford-upon-Avon into one single lease.

 

The options open to the Cabinet were to:

 

1.      agree to determine the lease dated 2 November 2000 for a period of 21 years from 1 October 1998 between the Council and the Club and agree a new single lease of the two parcels hatched and cross hatched on the plan at Appendix 1 for a period of 25 years on terms to be recommended by Gerald Eve but to be outside the terms of the 1954 Landlord & Tenant Act;

 

2.      confirm that the Council do not wish to attempt to agree to make any changes to the existing lease for the hatched land and consider granting a new lease for the cross hatched land to The Club; or

 

3.      confirm that the Council do not wish to attempt to agree to make any changes to the existing lease for the hatched land and decline to agree a lease of the cross hatched land to The Club and consider what other use it might wish to put the cross hatched land to.

 

In considering the options, the Cabinet noted that

 

·         due to the expiry of one of the leases of land to the Club there was a need to consider the future use and agreements for it; and

 

·         there was now an opportunity for the Council to bring the existing lease into line with more modern terms.

 

In view of the above, it was

 

          RESOLVED:

 

That delegated authority be given to the Head of Resources, in consultation with the Resources Portfolio Holder, to agree to

 

(1)  determine the lease dated 2 November 2000 for a period of 21 years from 1 October 1998 between the Council and the Club; and

 

(2)  a new single lease of the two parcels hatched and cross hatched on the plan at Appendix 1 to the report presented to the Cabinet for a period of 25 years on terms to be recommended by Gerald Eve, to include 5 yearly rent reviews, but to be outside the terms of the 1954 Landlord & Tenant Act.

 

NOTE: This item is subject to call-in to OSC B.

42.

Renewable Energy & Sustainable Construction Evidence Base for Core Strategy PDF 46 KB

To agree the funding arrangements for a joint study to provide a robust evidence base for renewable energy and sustainable construction polices in the Core Strategy and other policy documents.

Minutes:

Councillor George Atkinson – Planning Portfolio

 

Consideration was given to agreeing the funding arrangements with the Warwickshire County Council and the other Councils in the County for a joint study to provide a robust evidence base for renewable energy and sustainable construction policies in the Core Strategy and other policy documents to provide recommendations

 

·         for each of the Partner Authorities on targets for the percentage of energy used in new development that should be delivered from renewable sources;

 

·         on appropriate target percentage by which new developments should reduce their carbon emissions in each of districts/boroughs against the present minimal building regulations reduction of carbon emissions for new developments across each district;

 

·         for the appropriate Code for Sustainable Homes (CSH) level for each of the Partner Authorities and how each of the categories within the CSH could be justified in planning policies; and

 

·         on practical means of achieving targets, where possible above existing national and regional targets, including advice on the mix of technologies and potential sites for to accommodate these technologies.

 

The options open to the Cabinet were to either approve the funding arrangements to enable the study to proceed, or to refuse to fund the study.

 

In considering the options, the Cabinet acknowledged that

 

a)     a joint study would enable the Council to develop policies within its Core Strategy to promote renewable energy and sustainable construction that were required to be supported by robust local evidence (PPS1 – Climate Change Supplement) and have statutory backing through the Panning and Energy Act 2008; and

 

b)     commissioning the study jointly with the other Warwickshire authorities was likely to be the most efficient way of delivering the evidence base required to support this important area of policy development.

 

In view of the above, it was

 

          RESOLVED:

 

That up to £22,500 be made available from the Area Based Grant in the Council’s reserves to jointly fund a study into Renewable Energy and Sustainable Construction for the Core Strategy.

 

NOTE: This item is subject to call-in to OSC B.

43.

Housing Advisory Panel PDF 68 KB

To receive the Minutes of the meeting of the Panel held on 20 March 2009 and consider the recommendation contained in Minute 819 (Accommodation and Support for Vulnerable Young People) as follows:

 

RECOMMENDED to the Cabinet

 

That, should the outcome of the application for Area Based Grant to establish a mediation with counselling scheme be unsuccessful, Housing Advisory Panel request the Cabinet to make available a maximum budget of £14,000 per annum for 2009-10 and 2010-11 to establish the scheme, to be funded from Housing and Planning Delivery Grant income held in the Council’s

Minutes:

Councillor Stephen Gray – Revenues and Housing Portfolio

 

On the presentation of the Minutes of the meeting of the Housing Advisory Panel held on 20 March 2009:

 

(a)      Minute 819 – Accommodation and Support for Vulnerable Young People

 

Further information was required on this subject and, accordingly, the recommendation contained in Minute 819 (2008/09) was deferred until the next meeting of the Cabinet.

 

Thereafter, it was

 

          RESOLVED:

 

That, subject to the decision to be taken on Minute 819, the Minutes of the Housing Advisory Panel held on 20 March 2009 be noted.

 

NOTE: This item is not subject to call-in

 

44.

Partnerships Task and Finish Group PDF 22 KB

To receive the report from OSC A’s Partnership Task and Finish Group

Additional documents:

Minutes:

Councillor Les Topham – Leader

 

Consideration was given to the report of the Joint Partnership Task Group commissioned by OSC’s A and B with the following remit:

 

To scrutinise all key existing partnerships, evaluate effectiveness and efficiency of approach against the agreed Partnership Policy and checklist.

 

The report had been endorsed by OSC A at its meeting on 11 March 2009 and was now presented to the Cabinet for adoption.

 

The Cabinet endorsed the findings of the Group and

 

          RESOLVED:

 

(1)  That the health and effectiveness of those ongoing partnerships identified in the report was such that the Council should continue to work with them; and

 

(2)  That an annual review of the Council’s current partnerships be undertaken in the spring of each year, the next review to be undertaken for 2010, to be undertaken by the Overview & Scrutiny Committees and reported for agreement by the Cabinet prior to the appointments being made to Outside Bodies at the Annual Council Meeting.

 

NOTE: This item is not subject to call-in

45.

Leaders Forward Plan - June to September 2009 PDF 25 KB

To receive the Leaders Forward Plan for the period 1 June to 30 September 2009

Minutes:

Councillor Les Topham – Leader

 

The draft Forward Plan for the period 1 June to 30 September 2009 was presented.

 

The Cabinet agreed that item 2 of the Plan (Gypsy and Travellers Provision of Accommodation) should be deferred to 1 September 2009 meeting.

 

Subject to the above, the Plan, as amended, was noted.

46.

Change and Improvement Board - 27 April 2009 PDF 39 KB

To receive the Minutes of the meeting of the Change and Improvement Board held on 27 April 2009

Minutes:

Councillor Les Topham - Leader

 

On the presentation of the Minutes of the meeting of the Change and Improvement Board held on 27 April 2009, it was

 

          RESOLVED:

 

            That the Minutes, as presented, be received and adopted.

 

NOTE: This item is not subject to call-in

47.

Environmental Quality and Climate Control Panel PDF 34 KB

To receive the Minutes of the meetings of the Panel held on 3 February and 7 April 2009

Additional documents:

Minutes:

Councillor Simon Jackson – Environment Portfolio

 

On the presentation of the Minutes of the meetings of the Environmental Quality and Climate Change Panel held on 3 February and 7 April 2009, it was

 

          RESOLVED:

 

            That the Minutes, as presented, be received and adopted.

 

NOTE: This item is not subject to call-in

48.

Royal Mail PDF 94 KB

To consider a request from the Chief Executive of Ryedale District Council for the Council to support a request made to Government to keep to its election promise and

 

·         keep the Royal mail in 100% public ownership; and

 

·         return the ‘profitable’ parts of the service to the Royal Mail,

 

as contained in the attached letter.

Minutes:

Councillor Les Topham – Leader

 

Consideration was given to a request from Ryedale District Council for this Council to support to following Notice of Motion adopted by that Council on 12 March 2009:

 

“The importance of a universal postal service is beyond question.  Six day delivery is vital and the role of local post offices is key to community cohesion throughout Ryedale.

 

These will only be possible by having a wholly publicly owned mail service.

 

So as to support the above, this Council resolves to:-

 

·         Call upon Her Majesty’s Government to stick to its election promise and

o        Keep the Royal Mail in 100% public ownership

o        Return the ‘profitable’ parts of the service to the Royal Mail.

 

·         Call upon the Local Government Association to support this motion.

 

·         Circulate this motion to all other Local Authorities asking for their support

 

·         Write to the MP for Ryedale asking him to oppose the part privatisation of the Royal Mail.”

 

The Cabinet indicated its support for the above and

 

          RESOLVED:

 

That Ryedale District Council be informed that this Council supports the action outlined in that Council’s Notice of Motion summarised in the preamble to this Minute.

 

NOTE: This item is subject to call-in to OSC B

 

 

49.

Options for the Grounds Maintenance Contract PDF 197 KB

To consider the options for the delivery of Grounds Maintenance services following the end of the current contract in March 2011.

Additional documents:

  • Restricted enclosure      to extend the existing contract for a period of up to two years to enable the officers to

     

    a.      enter into discussions with the Town and Parish Councils over the possibility of transferring ownership and maintenance responsibilities of particular areas of land;

     

    b.      enter into discussions with the County Council over the future maintenance arrangements for traffic islands and verges; and

     

    c.      to redistribute resources released under the foregoing actions;

     

    or

     

    2.      if agreement to extend the contract could not be reached, to re-tender the contract to provide two costed options:

     

    a.      a price for the specification as at present; and

     

    b.      a price for a specification to include changes identified under 1 above.

     

    The Cabinet supported the options and

     

            RESOLVED:

     

    (1)  That an extension of the existing contract for up to two years on the basis that expenditure remained within the budget forecast be supported to enable the officers to progress the discussions as summarised in Section 1 in the preamble to this Minute; and

     

    (2)  That, if an extension could not be agreed with the contractor then the contract be re-tendered on the basis as described in section 2 in the preamble to this Minute.

     

    NOTE: This item is subject to call-in to OSC B

50.

Exclusion of the Public

 The Chairman to move

 “That, pursuant to Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the remaining business of the meeting in view of the fact that the nature of the proceedings will be such that, if the public were present, there would likely be disclosure to them of exempt information under Paragraph 3 of Part I of Schedule 12A to the said Act (as amended)".

 

Minutes:

On the Motion of the Leader of the Council it was

 

          RESOLVED:

 

That, pursuant to Section 100A(4) of the Local Government Act (as amended), the public be excluded from the remaining business of the meeting in view of the fact that the nature of the proceedings will be such that, if the public were present, there would likely be disclosure to them of exempt information under Paragraph 3 of Part I of Schedule 12A to the said Act (as amended).

 

51.

Stratford-upon-Avon : 7 Wood Street

Minutes:

Councillor Tony Dixon – Resources Portfolio

 

Consideration was given to re-letting the above retail unit, during which, the following options were considered:

 

1.      to authorise the Head of Resources to enter into an agreement longer that 7 years if required; or

 

2.      to not approve the authorisation with the result that it could delay the letting.

 

In considering the options, the Cabinet felt that, given the current market conditions it was imperative that the Council should be in a position to agree terms once a new tenant had been identified. Accordingly, it was

 

          RESOLVED:

 

That the Head of Resources, in consultation with the Resources Portfolio Holder and the Leader of the Council, be authorised to negotiate and complete an agreement with a suitable tenant for 7 Wood Street, Stratford-upon-Avon.

 

NOTE: This item is subject to call-in to OSC B

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