Minutes of the meeting of Cabinet held on 26 February 2009

Present Cabinet Members:

Councillors Alan Farnell (Leader of the Council and Chair of Cabinet) Bob Stevens (Deputy Leader) Alan Cockburn (Resources) Peter Fowler (Cabinet Portfolio Holder for Partnerships and Localities) Colin Hayfield (Adult, Health and Community Services) Martin Heatley (Environment) Richard Hobbs (Community Protection) Chris Saint (Economic Development) Izzi Seccombe (Children, Young People and Families) Heather Timms (Corporate Services)

Non-Voting Invitees:

Councillor June Tandy (Leader of the Labour Group) Councillor Sarah Boad (Deputy Leader of the Liberal Democrat Group)

Other Members:

Councillors John Appleton, David Booth, John Burton, Richard Chattaway, Jose Compton, Richard Grant, Marion Haywood, Mick Jones and Tim Naylor

Invitee:

Announcements

Welcome

Councillor Alan Farnell welcomed Paul Fuller, Interim Chief Fire Officer to his first meeting.

Councillor Farnell also welcomed College Student Journalists.

CPA Assessment for Use of Resources

Councillor Bob Stevens announced that the Council had again achieved the highest rating of 4 stars in the CPA assessment of the Council’s Use of Resources. He added that Internal Audit had also been judged as excellent in an Audit Commission triennial review.

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1. General (1) Apologies for absence. None received from Cabinet.

An apology was received from Councillor Jerry Roodhouse (Leader of the Liberal Democrat Group and non-voting invitee). Councillor Sarah Boad, Deputy Leader of the Liberal Democrat Group, attended as substitute.

(2) Members’ Disclosures of Personal and Prejudicial Interests.

Councillor Bob Stevens declared a personal interest as an associate member of the Warwickshire PCT.

Councillor Colin Hayfield declared a personal interest as non-executive member of the Warwickshire PCT

Councillor Heather Timms declared a personal interest as Cabinet portfolio holder for environment on Rugby Borough Council.

(3) Minutes of the meeting held on the 29 January 2009

Resolved

That the minutes of the meeting of Cabinet held on 29 January 2009 be approved as a correct record:

2. Programme of Items for Future Consideration

Cabinet considered the report of the Strategic Director of Performance and Development which listed items programmed for consideration by the Cabinet up to 23 April 2009, as taken from the Forward Plan.

Resolved

That members note the programme.

3. Quarter 3 Corporate Report Card (April – Dec 2008)

Councillor Bob Stevens (Cabinet portfolio holder for Performance) presented a report of the Council’s performance at Quarter 3, measured against a series of performance indicators set out in the Council’s Corporate Report Card. Cabinet focussed on the areas where performance was not forecast to hit target and, whilst noting that the remedial action was more robust than in previous reports, looked forward to further improvement.

Resolved

That the performance of indicators within the Corporate Report Card at Quarter 3 be noted. 2

4. LPSA 2 Quarter 3 Performance and Progress

Councillor Peter Fowler (Cabinet portfolio holder for Partnerships and Localities) presented a report outlining progress towards LPSA2 targets and the results of consultation on a proposed criteria for the application of future reward grant.

Members discussed progress and, in particular, welcomed the improvement on progress with healthy schools. Members reiterated their hope for further improvement across the targets in order to maximise the level of reward grant.

During discussion members noted that overview and scrutiny could look at performance but that there was also a need for partnership scrutiny of outcomes.

Resolved

(1) That Cabinet notes the progress made to date in relation to LPSA2 and the remedial actions suggested by the Project Leads in respect of the measures that are currently forecasted to miss target, and that these be closely monitored by each Cabinet Portfolio Holder.

(2) That Cabinet support the approach set out in Appendix C, subject to all partners contributing to the ABG pot.

5. Review of Customer Focus

Councillor David Booth, Chair of Resources, Performance and Development Overview and Scrutiny Committee, presented his report of the Review of Customer Focus. Councillor Booth outlined the approach taken in the review and how the implementation of recommendations rested with both officers and members. Councillor Booth highlighted that the review had been taken out when the economic climate and the Council’s resources had been more positive and that some of the recommendations would require some cost. He also envisaged that, where systems required changing (as referred to in recommendation 18), this would happen as part of the regular maintenance of systems.

Councillor Heather Timms (Cabinet portfolio holder for Corporate Services), thanked Councillor Booth and the Review Panel for their report and recommended that Cabinet approve the recommendations, subject to the initiatives not duplicating existing initiatives and to subject to any budgetary constraints.

Resolved

That the Recommendations of the Panel be approved, as amended by paragraph 6 of the covering report, and subject to avoiding duplication with any existing initiatives and any budgetary constraints.

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6. Youth Justice Plan 2009/10

Councillor Izzi Seccombe (Cabinet portfolio holder for Children, Young People and Families) presented the draft 2009/10 Warwickshire Youth Justice Plan for Cabinet’s consideration prior to formal adoption by Council and reminded Cabinet that the Plan had been considered excellent in the recent inspection.

Councillor Richard Hobbs (Cabinet portfolio holder for Community Protection) reported that the Warwickshire Safer Community Partnership had discussed some amendments since the despatch of the report and requested that Cabinet approve these amendments prior to the Plan’s submission to the Council on 24 March.

During discussion, Jim Graham, reported that he had chaired a meeting on the Prevent agenda and advised that, given the number of existing partnerships, care should be taken not to create additional partnerships when issues such as this emerge.

Resolved

(1) That Cabinet approves the draft Youth Justice Plan 2009/10 for local use subject to the following amendments:

Page 6 - addition to Partnership and Governance Arrangements:-

"Warwickshire Youth Offending Service contributes to the Prevent Strategy and to the Alcohol Strategy, both of which support a reduction in offending by young people."

Page 14 - Re-offending

Addition to the paragraph starting "We have improved our performance as a local authority...... is 60%”: -

“Contributions to local strategies to improve school attendance and reduce exclusions are key to this achievement”.

(2) That the Plan, as amended, be submitted to County Council for approval on 24 March 2009.

7. Civil Parking Enforcement – Financial Report

Councillor Martin Heatley (Cabinet portfolio holder for Environment) presented proposals for the use of a financial surplus generated by civil parking enforcement. It was noted that the largest surplus had been generated in District.

Councillor Tim Naylor expressed concern that illegal parking had not improved and requested information on whether parking had improved across authorities. Councillor Heatley was also asked whether those who were paying the fines were resident in the area or were travelling in. Councillor Heatley advised that it was possible to look at commuting patterns and added that he would report back in the Autumn.

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Resolved

That Cabinet agrees the recommendations for use of Civic Parking Enforcement income and surpluses as set out in Section 5 of the report.

8. Waste Management Capital Programme

Cabinet considered the report of the Strategic Director of Environment and Economy. The report discussed and justified the redistribution of funding of £3 million, arising from funding originally set aside for purchasing land for a treatment plant.

Resolved

(1) That Cabinet approves the re-allocation of the £5 million capital provision to projects as outlined at Appendix A of the report and to the amendment of the capital programme to reflect the changes.

(2) That Cabinet asks Council to agree the increase of £3.119 million in the cost of the Household Waste Recycling Centre and Transfer Station to £7.519 million as outlined at paragraph 3 of the report, the increase is to be funded from a £2.524 million contribution from Staffordshire County Council and £595.076 by virement from Waste Infrastructure Grant provision

9. Government Consultation: Draft Planning Policy Statement on Eco Towns

Councillor Chris Saint (Cabinet portfolio holder for Economic Development) introduced a report setting out a proposed response to the Government consultation on a draft Eco Towns Planning Policy Statement (including a sustainability appraisal of schemes).

Resolved

(1) That the proposed response advised by the Joint Local Authority Members Working Group attached at Appendix A to the Director’s report be endorsed and that the Government, together with local authority partners and the Regional Assembly, be informed accordingly.

(2) That a letter should be sent to Communities and Local Government, signed by the Leaders and Chief Executives of the six affected local authorities, including the County Council, confirming the united position of the local authorities in their opposition to the Middle Quinton proposal.

(3) That the Strategic Director of Environment and Economy be authorised, in consultation with the Cabinet Portfolio Holder, to make minor changes to the response to update technical supporting material as indicated in paragraph 4.4 of the report.

5 (4) That, notwithstanding the Council’s constructive approach to the issues raised in the Draft Planning Policy Statement (PPS), the Council remains of the view that an Eco-town as proposed at Long Marston Depot is not sustainable and any comment on the criteria contained in the Draft PPS should not be regarded as conveying its support for that proposal.

10. FiReControl Business Case Part 2

Councillor Richard Hobbs (Cabinet portfolio holder for Community Protection) presented a report setting out the key points of a FiReControl Business Case that had been issued for consultation by the Department for Communities and Local Government. The consultation on the business case was the next step in the move towards migration of English fire and rescue control functions into 9 regional control centres. Cabinet was requested to approve a response to the consultation.

Resolved

That Cabinet notes the key points of the FiReControl Business Case and approves the consultation response to the Department of Communities and Local Government prepared by Warwickshire Fire and Rescue Service.

11. Fire and Rescue Operational Assessment

Councillor Richard Hobbs (Cabinet portfolio holder for Community Protection) presented a proposed response to consultation on a revised draft Operational Assessment process and toolkit, issued by the Chief Fire and Rescue Adviser’s Unit.

Resolved

That Cabinet approve the response to the consultation as set out at Appendix A of the report.

12. Changing Council Governance Arrangements – consultation

Councillor Alan Farnell (Leader of the Council) presented a suggested response to the Government consultation paper ‘Changing Council Governance Arrangements – Mayors and Indirectly Elected Leaders.

Resolved

That Cabinet approves the draft response ithout amendment.

13. Change in status of Henley-in- Arden Community Primary School

Councillor Izzi Seccombe (Cabinet portfolio holder for Children, Young People and Families) presented a report that requested Cabinet authorise formal joint consultation with stakeholders together with the Coventry Diocese on proposals to change the status of Henley Community Primary School to Voluntary Aided with effect from September 2010.

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Resolved

That Cabinet agrees that formal joint consultation be undertaken with stakeholders, together with the Coventry Diocese, on proposals to change the status of Henley-in-Arden Community Primary School to a Voluntary Aided school with effect from September 2010.

14. Arden Hill Infant School and Oakfield Junior School,

Councillor Izzi Seccombe (Cabinet portfolio holder for Children, Young People and Families) presented a request for Cabinet to approve formal consultation on proposals to amalgamate Arden Hill Infant School and Oakfield Junior School in Atherstone.

Resolved

That the Strategic Director for Children, Young People and Families be authorised:

(1) To consult on proposals to amalgamate Arden Hill Infant and Oakfield Junior Schools, Atherstone.

(2) To seek the approval of the Secretary of State to set aside the school competition regulations in this instance.

(3) To conduct formal consultations with relevant stakeholders concerning a proposal to establish a new primary school for children aged 3-11 years from September 2010 subject to the proposal not being open to competition.

15. Treasury Management Strategy 2009/10

Councillor Alan Cockburn (Cabinet portfolio holder for Resources) presented the Strategic Director of Resources proposed Treasury Management Strategy for 2009/10. Councillor Cockburn reminded members that this Council had developed a proven sound treasury management strategy, which included avoiding high risks. He added, however, that given the nature of the economy the monitoring of the strategy would be particularly important and he had asked for an interim report back to members in six months time.

Councillor Cockburn also agreed with the suggestion from Councillor David Booth (Chair of the Resources, Performance and Development Overview and Scrutiny Committee) that any proposed new financial instruments (as referred to at paragraph 10.5) should be approved by Cabinet

Cabinet Recommendations to Council

(1) That County Council approve the Treasury Management Strategy for 2009/10.

(2) That the County Council requests the Strategic Director, Resources to ensure that net borrowing does not exceed the level specified in paragraphs 10.3 and 10.4 of the report, taking into account current commitments, existing

7 plans, and the proposals in the budget report.

(3) That the County Council delegates authority to the Strategic Director, Resources to undertake all the activities listed in paragraph 10 of the report , subject to the use of any new financial instruments (para 10.5 refers) being approved by Cabinet.

(4) That the County Council approves the Prudential Indicators (see Appendix A).

16. Race Equality Grants 2008/09 – Funding of Black and Minority Ethnic Community Projects

Councillor Heather Timms (Cabinet portfolio holder for Corporate Services) presented proposed funding for Black and Minority Ethnic projects in Warwickshire and funding for communities work.

Resolved

(1) That Cabinet endorses the proposed funding to Black and Minority Ethnic projects in Warwickshire.

(2) That Cabinet endorses the proposed funding to support the new and emerging communities work led by the Stronger Communities Block of the LAA.

17. Joint Service Review with Hereford and Worcester Fire & Rescue Service

Councillor Richard Hobbs (Cabinet portfolio holder for Community Protection) presented an update on the position of the Joint Service Review.

Resolved

(1) That the business case process examining the three potential options for the future of Warwickshire and Hereford and Worcester Fire and Rescue Authorities be put on hold for the time being.

(2) That this position be kept under periodic review to identify opportunities to finalise the review at some point in the future.

18. – 1A Weddington Terrace – Lease Renewal

Cabinet considered the joint report of the Strategic Director of Resources and Strategic Director of Environment and Economy. The report considered the renewal of a lease for the use in connection with a furniture re-use project.

Resolved

That approval is given for the renewal of a lease of 1A Weddington Terrace, Nuneaton comprising 2,028 sq m /21,830 sq ft for a term of 3 years for a rent

8 premium of £165,000 (equivalent to annual rental of £55,000 per annum) and otherwise on terms acceptable to the Strategic Directors of Resources, Environment and Economy and Performance and Development.

19. Any Other Items

There were no other items of business.

20. Reports Containing Confidential or Exempt Information

Resolved ‘That members of the public be excluded from the meeting for the items mentioned below on the grounds that their presence would involve the disclosure of exempt information as defined in paragraphs 3, 4, 5 and 7 of Schedule 12A of Part 1 of the Local Government Act 1972’.

21. Exempt Minutes of the meeting of Cabinet held on 29 January 2009

Resolved

That the minutes of the meeting held on 29 January 2009 be agreed as a correct record.

22. Care and Choice Accommodation Programme – Future Delivery Options

Councillor Colin Hayfield (Cabinet portfolio holder for Adult, Health and Community Services) presented a report that set out options for preparing for the delivery of the Care and Choice Accommodation Programme, in the light of the recent downturn in the property market.

During discussion, Councillor David Booth requested that contractors be required to adopt the Council’s commitment and approach to customer service and focus.

Cabinet resolved as set out in full in the exempt report and authorised the Strategic Director of Adult Health and Community Services, via a compliant EU procurement programme, to tender for partners to enter framework arrangements on terms and conditions acceptable to the Strategic Directors of Resources and Performance and Development. Before any contracts are awarded, there will be a further report to Cabinet.

23. Provision of Household Waste Recycling

Councillor Martin Heatley (Cabinet portfolio holder for Environment) presented a report that set out the current position with regard to tendering for the provision and operation of a Household Waste Recycling Centre to serve Nuneaton and .

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(1) That Cabinet approves the commencement of a procurement process for the provision and operation of a household Waste Recycling Centre to service .

(2) That Cabinet authorises the Strategic Director for Environment and Economy to enter into all relevant contracts for this work subject to agreeing terms and conditions acceptable to the Strategic Director of Performance and Development and the Strategic director of Resources.

24. Equal Pay Strategy

Councillor Heather Timms (Cabinet Portfolio Holder for Corporate Services) presented a report on the current position with the review of equal pay and proposals for the next phase.

Members paid tribute to Reuben Bergman (Deputy Head of HR –Employee Relations) for the highly professional and sensitive manner in which he had undertaken the review.

Cabinet agreed to arrangements for progressing the pay and conditions review in accordance with those described in the exempt report.

25. Disposal of Listed Cottage and Buildings at Famington Farm, Bidford on Avon

Councillor Martin Heatley (Cabinet portfolio holder for Environment) presented a report requesting disposal of buildings at Famington Farm.

The Cabinet agreed to disposal, as set out in the exempt minutes.

The Cabinet rose at 3.05 p.m.

………………………… Chair

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