NUNEATON AND BEDWORTH BOROUGH COUNCIL CABINET 31st October, 2018 A meeting of the Cabinet was held at the Town Hall, Nuneaton, on Wednesday, 31st October, 2018. Present Councillor J.A. Jackson (Finance and Civic Affairs (Leader)) Councillor B.J. Longden (Housing, Health and Communities) Councillor Neil Phillips (Planning and Development) Councillor J. Sheppard (Central Services and Refuse) Apologies were received from Councillor I. Lloyd (Arts, Leisure & Economic Development (Deputy Leader)) . CB36 Minutes RESOLVED that the minutes of the meeting held on the 26th September, 2018 be approved and signed by the Chair. CB37 Declarations of Interest The Declarations of Interest for this meeting are as set out in the Schedule attached to these minutes. CB38 HEART Service Procurement Development sought approval The Director − Housing, Communities and Economic to go out to tender to award a contract for HEART Service associated with works carried out under its Housing Financial Assistance Policy. This will include disabled facility grants and other financial assistance for residents. • RESOLVED that to go out to tender for the services/works listed in Appendix I of the report be approved. Speaker: None Options To not approve the decision Reasons Approving the decision will allow the procurement exercise to proceed and safeguard value and efficiency for its disabled and other service users 20 − − CB39 Garden Waste Collections The Executive Director − Operations submitted a supplementary report to the draft General Fund and Housing Revenue Account Budgets 2019/20 report. The report sought Cabinets approval to cease the current free garden waste collection service for a property's first green bin from 31st January 2019 and to introduce a chargeable (opt in) garden waste service from 1st February 2019 for all garden waste bins collected from a property. RESOLVED that a) the current free kerbside garden waste collection service for the first garden waste bin collected from property be ceased from 31st January 2019; b) to introduce a chargeable (opt in) garden waste service from 1st February 2019 for all garden waste bins be approved; • C) the annual charge be set to £40 per bin irrespective of how many bins are collected from a property and that this charge be reviewed annually; d) the income from introducing the chargeable (opt in) garden waste service from 1st February 2019 that will be received in the current financial year be used, by way of in−portfolio virements, to mitigate 2018/19 budget pressures within the central services and refuse portfolio arising from the increased costs of providing the kerbside dry recycling and refuse collection services; and e) Delegated Authority be given to the Executive Director − Operations in consultation with Cabinet Member for Central Services and Refuse to take all steps necessary to implement the revised service, including making any necessary minor amendments as identified during project implementation. Speakers: Councillor Keith Kondakor Michele Kondakor Councillor Clare Golby Options: Do not approve the recommendations Reasons: The Borough Council's Medium Term Financial Plan [MTFP] 2018−2022, presented to Cabinet at its meeting of 26th September 2018, identified a General Fund funding gap of approximately £1 .6m over the life of the MTFP and a £0.955m funding gap for 2019/20. The Local Government Finance Act 1992 requires councils to achieve a balanced General Fund budget each year. Therefore the Borough Council must take steps to −21− close the £0.955 funding gap for 2019/20 through reductions in expenditure, increases in income or combination of both. Against this very challenging financial back drop it has been identified that the Borough Council is no longer able to afford to provide a kerbside garden waste collection service for a property's first garden waste bin. It is therefore proposed that a chargeable, opt in, kerbside collection scheme for all garden bins should be introduced to assist the Borough Council in meeting the financial challenges it faces. The second and any other green waste bins collected from a property are already charged for at a rate of £40 per bin, per year. There are some services that councils up and down the country are required to provide by law. These are known as "mandatory services" and include things such as refuse collection; street cleansing; dealing with planning applications and dealing with housing benefit claims. There are other services that councils up and down the country aren't required to provide by law but that they chose to provide. These are know as "discretionary" services and include things such as Leisure facilities; • museums, CCTV and public toilets. Garden waste collections are a discretionary service and so the Borough Council could choose to cease the service completely. However, such an approach would take a well used and long established service away from residents completely and unilaterally, giving no customer choice whatsoever. While introducing a charge for all garden bins that are collected will not be popular, it does give households a choice as to whether they wish to continue to receive the service on a chargeable basis. Results from the recent budget public consultation exercise indicate that some residents would be prepared to pay for a kerbside garden waste collection service in order to protect frontline services. CB40 Draft General Fund and HRA Budgets 2019/20 The Executive Director − Resources presented Cabinet with the draft General Fund budget position for 2019/20 along with a number of savings proposals to ensure a balanced and sustainable budget is maintained. The report also gave an update on the HRA budget process for 2019/20. RESOLVED that a) the draft General Fund budget position for 2019/20 as set out at section 4.16 of the report be noted; b) the savings proposed for 2019/20 as set out at section 4.17 of the report be approved and the remaining budget deficit for 2019/20 be noted; c) due to the budget implications and the timescales required to either implement the savings at 4.17 of the report or seek alternative savings, that the item be marked not for call−in; d) to comply with the Budget & Policy Framework Procedure Rules in part 4C of the Constitution, the Chairs of the Overview & Scrutiny Panels be notified of the budget proposals, as set out in paragraph 4.24 of the report; and L −22− e) Thanks be expressed to all staff for their hard work in enabling provision of effective and efficient services. Speakers: Councillor Keith Kondakor Michele Kondakor Councillor Clare Golby Options: To not accept the recommendations and propose alternative savings for 2019/20. Reasons: The Council must set and maintain a balanced budget each year CB4I Local Development Scheme (LDS) Update The report of the Director − Planning and Public Protection sought Cabinet to consider and approve the updated Local Government Scheme (LDS). RESOLVED that the timescales identified within the revised LDS be noted and it be approved for the LDS to be adopted and published on the Council's website. Speakers: Councillor Keith Kondakor Michele Kondakor Councillor Clare Golby Options: Reflecting the fact that the adoption and review of a LDS is a statutory requirement, the options were as follows: 1) Accept the recommendation 2) Amend the LDS prior to adoption/publication on the Council's website. Reasons: To enable the Council to comply with the requirements of the Planning and Compulsory Purchase Act 2004 (as amended) and the associated Town and Country Planning (Local Development) (England) Regulations 2004 (as amended). j − 23 − CB42 Camp Hill Urban Village Project: Phase 3 Legal Structures and the Nuneaton & Bedworth Borough Council (Camp Hill Phase 3) Compulsory Purchase Order (Nol) 2018 The Pride in Camp Hill Programme Manager submitted a report to Cabinet to provide an update on the delivery of the Camp Hill Regeneration programme and to refresh the authority for the making of a Compulsory Purchase Order pursuant to section 226(1) (a) of the Town & Country Planning Act 1990 in connection with the properties identified on the draft Order map attached at Appendix A of the report to enable the last phase of the Camp Hill Regeneration Scheme be completed. RESOLVED that a) a Compulsory Purchase Order be made in pursuant to section 226(1) (a) of the Town and Country Planning Act 1990 to be known as the Nuneaton & Bedworth Borough Council (Camp Hill Phase 3— Hazel Road, Edinburgh Road, Hillcrest Road and Gorsy Way) Compulsory Purchase Order ) (the Order") in respect of • the land identified in the draft Order and shown on the draft Order Map at Appendix A to the report ("the Order Land") for the purpose of facilitating the carrying out of development, redevelopment or improvement of the land for the provision of approximate 143 residential units together with parking spaces, associated highway and other infrastructure, drainage, servicing and works, new public realm and improved pedestrian routes as detailed in the Statement of reasons in Appendix A of the report; b) the Executive Director (Resources) in consultation with the Leader be authorised to take make minor amendments, modifications or deletions to the Order (including for the avoidance of doubt to the Order Map but not to extend the boundaries of the Order Land) and to the draft Statement of Reasons at Appendix B to the report if necessary and to finalise and make the Order; c) to publish and serve all necessary notices consequent upon the making of the Order and to submit