CABINET - DOC 4

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					                                   CABINET

                       20th September, 2005 at 7.00pm

     PRESENT: Councillors Thomson (Chair), Anand, Beecroft, Brookes,
     Delaney, Dheer, Hunte, Payne and Wall.

     ALSO PRESENT: Councillors; Brooks, Gibb, Murphy and Mrs Pagan.

     Apologies for absence: Apologies for absence were received from
     Councillor Nirwal.

     In accordance with Paragraph 2.6(a) of the Constitution, Councillors
     Brooks and Gibb attended the meeting, and addressed the Cabinet
     with regard to the following agenda items:

     Item 22 – “Formalisation of Non- Residential Charging”
     (Councillor Gibb)

     Item 27 – “Parking Services Review of Charges – Car Park Tariffs
     and Operational Hours”
     (Councillor Brooks)

1-   Declarations of Interest

        Councillor Anand declared a Personal interest in agenda item 15
         (Ealing‟s Grouped PFI Scheme), by virtue of her being a Governor
         of Greenford High School. Councillor Anand took no part in the
         discussion or the decision relating to this item.

        Councillor Brookes declared a Personal interest in agenda item 15
         (Ealing‟s Grouped PFI Scheme), by virtue of her being a Governor
         of Acton High School. Councillor Brookes took no part in the
         discussion or the decision relating to this item.

2-   Minutes of the last Cabinet Meeting held on 26th July 2005

     Resolved: That the minutes of the previous meeting of the Cabinet
     held on 26th July 2005 be signed as a true and correct record.

3-   Northolt Business Partnership

     In accordance with paragraph 2.5(d), of the Cabinet Procedure Rules,
     Councillor Murphy addressed the Cabinet, requesting that the Cabinet
     consider the allocation of resources to the setting up of a Northolt
     Business Partnership.




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     Resolved:

     (i) To note that at the current time a proactive resource allocation by
     the Council is not being made, however this situation is to be reviewed
     in year 2007/08;

     (ii) That during the year 2005-2006 the “Northolt Village
     Forum/Partnership,” be invited to sit on the “LSP Economic
     Development Sub Group;”

     (iii) That renewed efforts are made to seek Northolt business
     representation on the Ealing Borough Business Partnership;

     (iv) That the “Ealing Chamber of Commerce,” be asked to review its
     geographic spread, and seek to involve representatives from Northolt.

     Reason for Decision and Options Considered
     To consider and respond to the issue raised by Councillor Murphy

4-   Closure of Central Asylum Team

     Resolved: (i) To agree to delete posts in the Central Asylum Team and
     to issue notices of dismissal by reason of redundancy at the end of the
     consultation period, subject to the outcome of the formal consultation;

     (ii) To note the financial risk to social services budgets if there are
     challenges from asylum seekers who refuse to be dispersed, these
     risks having been included in the Adults Risk register and into the
     business planning and budget-setting process for 2006-07.

     Reason for Decision and Options Considered
     To minimise costs to the Council arising from the forthcoming transfer
     of support for the remaining asylum seekers supported under the
     Interim Provisions and dis-benefited cases to NASS and to enable staff
     in the Central Asylum Team to be redeployed.

5-   Local Authorities and HSE Working Together

     Resolved: (i) To approve the proposal that Ealing join with other
     London Local Authorities, and the Health and Safety Executive (HSE),
     to work in partnership and to signal a commitment to joint working as
     stated in the London Statement of Intent.

     Reason for Decision and Options Considered
     The benefits of working together in partnership have been well proven
     in achieving a common set of goals. Ealing Council is set to benefit
     from the partnership work by effectively pooling and redirecting existing



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     resources towards making better, safer local communities, making it
     important that we sign up to the London Statement of Intent.

6-   Leasing Arrangement for Temporary to Permanent
     Accommodation

     The Director of Housing and Environmental Health submitted a report
     which sought confirmation of approval to enter into a leasing scheme
     with the charitable company “Safe Haven London,” to supply long term
     leased housing for homeless families, which over time reverts to social
     housing, unless the various agreements are terminated.

     The Director of Housing and Environmental Health advised that
     although Cabinet has already given authority for this scheme following
     reports of 8th April 2003, and 19th October 2004, the circumstances and
     hence the risk associated have since changed.

     He informed Members that the report re-evaluates the risks, and seeks
     the appropriate delegation to officers to enter into the necessary legal
     agreements. He also highlighted the key changes currently proposed
     in the report.

     Resolved: (i) That the progress made since the original Cabinet
     reports of 8th April 2003 and 19th October 2004 on leasing
     arrangements for temporary to permanent accommodation, be noted;

     (ii) To agree to proceed with the project, as the benefits of capacity
     building outweigh the risks;

     (iii) That the Director of Housing and Environment Health, in
     consultation with the Head of Legal Services, be given authority to
     enter into leasing arrangements in the form of a project agreement,
     direct agreement and other associated legal documents with “Safe
     Haven London,” and its lenders;

     (iv) That the Director of Finance and Business Support (as the Chief
     Financial Officer), be authorised to issue any necessary Local
     Government Contract Certificates.

     Reason for Decision and Options Considered
     To allow the council to enter into lease arrangements, a project
     agreement and other associated legal documents to meet the Council‟s
     long-term supply and demand deficit.

     Since 19th October 2004 officers have made good progress on
     agreeing this £30m scheme for up to 200 properties. During these
     negotiations, the nature of the agreements has changed, requiring the
     Council to have a direct relationship with the Bank as well as the
     charity.



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7-     Health Inequalities for Ealing

       Officers advised that the closing date for the consultation on this report
       is to be put back to 16 December, 2005, in order to allow school
       governing bodies to be more involved.

       Officers further advised that as a result of the closing date being put
       back, it is proposed that the finalised Health Inequalities Strategy will
       now be presented to January, 2006 Cabinet, and not December
       2005, as noted in the report.

       Resolved: (i) To agree the consultation process outlined in the report;

       (ii) To note that the closing date for consultation is to be put back to
       16th December, 2005, in order to allow school governing bodies to be
       more involved, and as a result, the finalised Health Inequalities
       Strategy will now be presented to January, 2006 Cabinet.

       Reason for Decision and Options Considered
       The Government is committed to meeting the challenge of making
       good health a reality for everyone and recognises the need for effective
       partnership working to achieve this aim. The draft strategy highlights
       indicators of health inequalities that exist in the borough and proposes
       an action plan that embraces the ethos of the “Choosing Health White
       Paper,” to provide more opportunity, support and information people
       need to enable them to make healthier choices.

       The draft Health Inequalities Strategy focuses on the leadership roles
       of the Council and the Primary Care Trust to make practical
       commitments to reducing the gap in health status, and access to health
       services, betweeen different social classes and ethnic groups and
       between populations in different geographical areas. By focusing on
       tackling inequalities this strategy will be implementing the corporate
       vision, particularly:

          To create consistently excellent customer experiences
          To nurture a vibrant and active community
          To create life opportunities for all

     8 Swift Road Outdoor Sports Centre

       It was noted that the offer of grant aid from the Football Foundation,
       previously anticipated in October 2005, has now been received.

       Resolved: (i) That the Executive Director for Customer Services be
       authorised to accept an offer of grant aid, from the Football Foundation;

       (ii) That the Executive Director for Customer Services be authorised to
       seek suitable tenders;



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      (iii) That the Portfolio Holder for Leisure, Sport and Culture, in
      consultation with the Executive Director for Customer Services, be
      authorised to accept suitable tenders, subject to funding being granted.

      Reason for Decision and Options Considered
      The estimated capital project cost is £858,637 plus fees of £48,225.
      The total estimated project cost is £906,862. Under contract procedure
      rule 7 – Authority to invite bids and award contracts (specifically Rules
      7.4 and 7.5) projects with an estimated value in excess of £500,000
      must have cabinet approval prior to the commencement of the
      procurement process.

9-    Re-tendering of the Sport & Leisure Management Contract

      Resolved: (i) That „Active Ealing,‟ commence the re-tendering process
      for the management of its sport and leisure facilities at Acton
      Swimming Baths and Gurnell Leisure Centre;

      (ii) That the relevant officers be authorised to seek a separate
      costs/tender for the management of Dormers Wells Sports Centre;

      (iii) To agree that the recommended length of contract for Gurnell
      Leisure Centre is between 10 – 15 years, to be determined by
      responses from bidders.

      Reason for Decision and Options Considered
      The current contract for the management of Acton Swimming Baths,
      Gurnell Leisure Centre and Northolt Swimarama commenced in
      October 1995. This contract has been extended three times, the first in
      1999 for 36 months and then again in 1999 for a further 18 months. An
      extension was granted in 2004 for a further 24 months. The contract
      will expire 30th September 2006 therefore a full tendering exercise will
      need to be undertaken to have a new contract in place from 1 st October
      2006. A list of all leisure facilities is set out in Appendix A to the report.

10-   Policy on Home to School Transport for Pupils with Special
      Educational Needs (SEN) requiring Special Arrangements

      Resolved: (i) To approve the draft policy (attached as Appendix 1 to
      the report) for consultation, with key stakeholders.

      (ii) To note that the results of the consultation exercise will be reported
      to Cabinet in February 2006, for a final decision for implementation in
      April 2006.

      Reason for Decision and Options Considered
      The main aim of the report is to propose ways in which Ealing‟s SEN
      Transport Policy could be brought into line with the new DfES
      Guidance, and help bring expenditure closer to the norms for similar,



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      comparable councils.

11-   Ealing’s Second Grouped PFI Scheme

      Resolved: (i) That the key project milestones for the construction
      phase of the project, be noted;

      (ii) To approve the establishment of an „interest bearing deductibles
      and terms and conditions,‟ fund in accordance with clause 62A of the
      Project Agreement;

      (iii) To agree the resolution attached at Appendix 1 of the report
      regarding the mandate for the Joint Insurance Proceeds Account,
      required under the contract;

      (iv) To approve the appointment of the acting Services to Schools
      Director, as the Authority‟s Representative under clause 12.5 of the
      contract;

      (v) That the Authority‟s representative and/or the Executive Director for
      Individual Customers be given authority to agree any necessary
      changes, in accordance with the change provisions in the contract, to
      the Authority‟s Requirements to be funded from PFI2 reserve,
      contributions from schools and subject to the LEA‟s contribution to the
      scheme not exceeding £812,700 (indexed from March 2003 prices).

      Reason for Decision and Options Considered
      The decisions in the report arise out of the contract the Council has
      entered into to with Seafort Ealing Limited to design, build and operate
      Featherstone Primary, and Acton and Greenford High Schools.

12-   Connexions Service Tender

      Resolved: (i) That the Executive Director for Individuals be authorised
      to invite, and evaluate tenders for a contract to provide the Connexions
      Service in educational institutions and from Connexions Centres in
      Ealing, with the contract to run from 1 August 2006 until 31 March
      2008.

      (ii) That the Executive Director for Individuals be authorised to extend
      the existing contract between the Council and CfBT until 31 July 2006
      on the same terms.

      Reason for Decision and Options Considered
      To implement the necessary actions to enable a contract to be placed
      to provide the Connexions Service in educational institutions and from
      Connexions Centres from April 2006.




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13-   Approval of Urban Design Guidance for Consultation

      Resolved: (i) To approve the draft “Streetscape Design and Liveability
      Guides,” for Acton, Ealing, Hanwell, Northolt, Greenford, Southall and
      Park Royal town centres for purposes of public information and
      consultation;

      (ii) To agree in principle the Draft West London Tram Urban Design
      Guide for purposes of public information and consultation, with the LBE
      WLT Panel and the LBE Streetscape Reference Group;

      (iii) To note that the details of the guides are to be set out in a
      “Background and Briefing” being sent separately to Councillors and is
      to be made available to the public;

      (iv) That the proposed work programme as described in paragraph 13.8
      of the report, be agreed.

      Reason for Decision and Options Considered
      There is a commitment in the Ealing‟s Town Centre Strategies to
      prepare “streetscape” guidance as part of the process of driving
      improved design, safety and maintenance of the public realm. The
      proposed West London Tram will radically affect the public realm
      corridor in the Boroughs main southern town centres, therefore
      consideration of its urban design guidance is critical as is a policy and
      design value “match process” to Council planning and transport policies
      and the developing streetscape guidance. The town centre guides have
      been partnership funded from Council resources and town centre S106
      funds. The Draft WL Tram guidance has been funded by TfL, which
      represents value for money. The reports are the product of external
      expert advice, in house skills and stakeholder consultation.

14-   Bus Priority Scheme – Western Circus

      Resolved: That the relevant officers be given authority to advertise the
      necessary traffic management orders and, in the event of there being
      no objection, to proceed to implementation of the northbound bus lane
      and associated waiting and loading restrictions in Old Oak Common
      Lane, East Acton.

      Reason for Decision and Options Considered
      To facilitate the operation of good quality and high capacity public
      transport in Ealing.

15-   Treasury Management Annual Report 2004/05

      Resolved: (i) To note the Treasury Management activity and
      performance against targets, set in 2004/05;

      (ii) To note the current position on key prudential indicators for 2005/06;


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      (iii) To amend the Council‟s Approved Lending List, as set out in
      Appendix A to the report.

      Reason for Decision and Options Considered
      The report is submitted in accordance with the Council‟s Treasury
      Policy Statement.

16-   Revenue Budget Update

      Resolved: (i) To note the latest 2005/06 revenue and capital
      expenditure forecasts as at period 4 (July 2005);

      (ii) That the virements from the contingency totalling £0.909M, be
      endorsed.

      Reason for Decision and Options Considered
      To report latest forecast of revenue and capital expenditure against
      budget in 2005/06.

17-   Economic Development Partnership Programme 2004-06 and
      Project Funding Approval

      Resolved: (i) To note the allocation of LBE and S106 funds to
      regeneration projects and partnerships, and to invite the views of Area
      Committees;

      (ii) To note the background briefing: “Regeneration & Economic
      Development 2004-06” that sets the context for the details of the
      developing Economic Development Strategy; Partnership Agencies;
      projects; funding; and outputs;

      (iii) To note that Ealing has been allocated £120k (2005-06) from the
      ODPM (Office of the Deputy Prime Minister), to develop a Local
      Enterprise Growth Initiative to support business growth throughout the
      borough in particular in Neighbourhood Renewal areas.

      Reason for Decision and Options Considered
      To gain support and approval for the allocation of LBE and S106
      funding for the delivery of a range of regeneration and economic
      development projects for 2005-06.

18-   Formalisation of Non-Residential Charging

      Resolved: (i) That the draft charging policy for non-residential services
      as per “Fairer Charging Guidance,” effective from 1st October, 2005,
      be approved;




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      (ii) That the 2005/06 charges as set out in Appendix A to the report, be
      approved;

      (iii) That the rationalisation of Home Care charges in line with Direct
      Payment rates from 1 September 2005 to fall in line with the new
      domiciliary care block contracts, be agreed;

      (iv) To approve an increase of the lower limit contribution disregard for
      Home Care services from £2.00 to £5.00 from 1 October 2005;

      (v) To approve the introduction of a „Guarantee for payment of Care
      Service Charges‟ effective from 1 October 2005;

      (vi) That the National Association of Finance Assessment Officers
      (NAFAO) guidelines used for calculating Disability Related Expenditure
      which excludes water rates, house and contents insurance effective
      from 1 October 2005, be approved;

      (vii) To approve extending the use of Visiting Officers using staff from
      the Welfare Benefits and Income Team effective from 1 April 2006;

      (viii) To approve the income collection strategy by the revised credit
      control for deceased clients and the escalation process of the debt
      management strategy effective from 1 October 2005;

      (ix) To approve the Appeals and Waiver of Charges procedure effective
      from 1 October 2005;

      (x) To approve in 2006/07 efficiency savings of 2 full time agency staff
      of £60k (approx.) in total, to be submitted as part of the 2006/07 Budget
      and Service Planning „Star Chamber‟ submission.

      Reason for Decision and Options Considered
      To approve the attached Non-Residential Services Charges Policy.
      Review of current working practices, policy and procedures in line with
      best value guidelines, will help ensure income is collected efficiently
      and effectively. The inspection carried out by the Commission for
      Social Care Inspection (CSCI) of Older Peoples Services in July 2005
      recognised that improvements had been made in income maximisation
      and financial assessments. It is intended to further sustain and
      strengthen the improvements to date.

      In future the Charging Policy and the review of fees and charges will
      need to be approved annually in accordance with the Council‟s budget
      timetable. The annual approval would also provide the opportunity to
      ensure the charging policy is fair and equitable to Users and efficient
      and effective in the administration of the charges.

19-   Ealing Town Centres Update Report



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      Resolved: (i) To note the draft proposals for broad actions for each of
      Ealing‟s main town centres for the years 2006 to 2009, for the purposes
      of public consultation with key stakeholders, external agencies, the
      LSP, Area Committees and Council services;

      (ii) That the results of a resident survey proposed to be conducted
      towards the end of the financial year 2005/06, be received.

      Reason for Decision and Options Considered
      The Council prepared strategies for each of its seven town centres in
      the period 2001 to 2002 based on a “health check” of each centre in
      2000 and again in 2004. The findings of these health checks and a
      proposal to conduct further attitudinal surveys of customers and
      residents are included in the report. Efforts have been made to monitor
      the progress of town centre management strategies through
      partnership management work with key Council services.

20-   Request for formal consultation on the Housing Tenancy
      Agreement

      Resolved: (i) To approve the commencement of formal consultation on
      the Council‟s draft tenancy agreement;

      (ii) To agree the proposal to vary the housing tenancy agreement
      conditions, and authorise the issue of the preliminary notice.

      Reason for Decision and Options Considered
      To allow the housing service to commence formal consultation with
      tenants on revising the housing tenancy agreement.

21-   Cabinet Approval of Officer Delegated Powers

      Resolved: (i) That the officer delegated powers set out in the schedule
      (attached as Appendix 1 to the report), be approved, insofar as they
      relate to executive functions;

      (ii) To note that the existing officer delegated functions to the „Chief
      Valuer‟ and „Head of Valuation and Estates,‟ are now exercised by the
      Head of Business Development.

      Reason for Decision and Options Considered
      The council‟s scheme of officer delegated powers is kept under regular
      review. Cabinet is only required (and empowered) to approve changes
      insofar as they relate to executive functions. Council side functions are
      the responsibility of full council and of relevant council committees.

      Full council has already approved all of the changes recommended by
      the report.




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22-   “Breaking the Silence” – Ealing Council Domestic Violence Policy
      for Employees

      Resolved: That the Ealing Council Domestic Violence Policy for
      employees be approved for implementation across the council.

      Reason for Decision and Options Considered
      Having a domestic violence policy will support the new Local
      Government Association‟s guidance on performance measures around
      domestic violence and Best Value Indicators. It may also help to
      improve sickness absence rates and will make a positive contribution to
      the council‟s next Comprehensive Performance Assessment (CPA)
      rating.

23-   Parking Services Review of Charges – Car Parks Tariffs and
      Operational Hours

      Resolved: (i) That the methodology, information and considerations
      used to inform proposals for increases in tariffs and charges set out in
      the report, be noted;

      (ii) To note that the Overview and Scrutiny Committee, has received a
      presentation on the approach adopted in the review, and feedback from
      the Committee has been incorporated in the report;

      (iii) That the proposals for changes to charges and hours of operation
      for car parks, as shown in Appendix A to the report, to be implemented
      from November 2005, be approved;

      (iv) That the proposed extension of controlled parking in car parks to
      incorporate bank holidays, be agreed.

      Reason for Decision and Options Considered
      In managing its car parks, the Council should give consideration to the
      level of occupancy and the general availability of space to motorists.
      The Council also has a responsibility to ensure the efficient use of
      resources and assets.

      It is therefore good practice to keep charges and tariffs under regular
      review. Car park tariffs and hours of operation were last reviewed in
      November 2003.

24-   Response Programme Update Report 22

      Resolved: That the achievements and progress in the implementation
      of the Response Programme since the last Cabinet update report, be
      noted.

      Reason for Decision and Options Considered
      No decision required.


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25-   Insurance Annual Report - 2004/05

      Resolved: To note the contents of the report, including the reduced
      level of claims in 2004/05 compared to previous years, the positive
      action being taken to promote risk management, and the potential need
      to increase the sum in the Insurance Provision, which will be
      considered in the overall budget round.

      Reason for Decision and Options Considered
      No decision required.

26-   Benefits Service Performance and Update Report

      Resolved: To note the contents of the report in respect of current
      performance, and update on issues facing the Benefits Service.

      Reason for Decision and Options Considered
      No decision required.

27-   Cabinet Member and Special Urgency Decisions

      Resolved: That the decisions taken be noted.

      Reason for Decision and Options Considered
      No decision required.


      The meeting concluded at 8.25pm having completed its business.


      COUNCILLOR LEO THOMSON, Chair




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