Agenda, decisions and minutes

Apologies were received from Councillors Beardsworth and B Hoare.

The minutes of the meeting of Cabinet held on 9 September 2009 were signed by the Chair.

RESOLVED:(1) That Messrs Oldham, Sharpe, Brown, Gutowski, Windhaber and Ingle and Ms Wilmhurst and Miss Daly and Councillors P D Varnsverry and Matthews be granted leave to address Cabinet in respect of item 8 “Hunsbury Hill Country Park Conveniences”.

(2) That Mr Grethe be granted leave to address Cabinet on item 6 “Single Persons Accommodation Review”.

(3) That Councillor Hadland be granted leave to address Cabinet in respect of item 9 “St Crispins Section 106 Agreement – Transfer of Land to Council”.

(1)            Councillor P D Varnsverry declared a personal and prejudicial interest in item 8 – Hunsbury Hill Country Park Public Conveniences as his previous involvement in this issue raised issues of pre-determination and bias.

(2)            Councillor Matthews declared a personal and prejudicial interest in item 8 – Hunsbury Hill Country Park Public Conveniences as his previous involvement in this issue raised issues of pre-determination and bias.

(3)            Councillor Woods declared a personal non-prejudicial interest in item 7 – East Midlands Regional Plan – Partial Review of Options Consultation June 2009 insofar as any discussion might concern the Regional Assembly of which was the Council’s appointee and his role as a WNDC Board member and Chair of West Northants Joint Strategic Planning Committee.

(4)            Councillor Church declared a personal non-prejudicial interest in respect of item 7 – East Midlands Regional – Partial Review of Options Consultation June 2009 insofar as any discussion may involve WNDC of which he was a Board member. He was also a member of the West Northants Joint Strategic Planning Committee.

None.

Report of the Director of Housing Services

Cabinet agreed to a  “Design and Finance” competition to address the future use of Robinson House, with the competition brief informed and agreed by local residents and stakeholders.

2.2 That a further report be brought to Cabinet advising of the outcome of the competition and requesting Cabinet’s agreement to the proposed way forward.

2.3 That the brief aims to ensure that whatever scheme is proposed, future housing provision would be 100% affordable.

2.4       That the future of other SPAs be informed by the work carried out within this proposal for Robinson House.

Mr Grethe as the Chair of Brookside Residents Council commented that the Residents Council had had discussions with the Council and believed that Robinson House should be used for the homeless and improvements should be made to the building.  He expressed the hope that a Residents Council would be involved in how this project moved forward.

The Director of Housing submitted a report that proposed a way forward for dealing with the issue of Single Persons Accommodation.  Councillor Woods noted the appendix to the report which comprised a survey of residents conducted by S Keeble MP.  The Director in answer to a question commented that at the present time no particular options had been ruled in or out at this stage and that the consultation was due to run to the end of the financial year.

RESOLVED:         (1)         That agreement be given to a “design and finance” competition to address the future use of Robinson House with the competition brief informed and agreed by local residents and stakeholders.

(2)         That a further report be brought to Cabinet setting out the outcome of the competition and seeking agreement to a proposed way forward.

(3)         That whatever scheme is proposed future housing provision would be 100% affordable before that the future of other SPAs be informed by the work carried out within this proposal for Robinson House.

Report of the Director of Planning and Regeneration

2.1   Cabinet noted the key issues that relate to Northampton as set out in the report.

2.2            Cabinet approved the suggested comments and responses to the consultation as set out in Appendix 1 of the Cabinet report.

Councillor Church, as the relevant Portfolio Holder, submitted a report that set out the key issues that related to Northampton within the East Midlands Regional Plan Partial Review: Options Consultation and sought Cabinet’s approval to the Council’s response to the consultation.  He noted that the report followed on from the debate at Council on 8 September in respect of the Emergent Joint Core Strategy to seek the targets for housing to be reviewed and questioning deliverability of those targets and highlighting that growth could not be accepted without proper infrastructure being in place and adequately funded.  Councillor Church noted the decline in housing completions over the last three years which was predicted to continue for the next two years.  It was clear that the targets to 2021 would not be met.  The Emergent Joint Core Strategy consultation process had shown up the weaknesses in the RSS Transport Strategy and funding regime which he believed had let Northampton down.  He also noted cuts in funding to WNDC for infrastructure projects.  He commented that regional policy concentrated on the Derby, Leicester, Nottingham triangle and that Northampton was treated as being on the fringe of the region.

The Director of Planning and Regeneration noted that it was important for the Council to seek to review the RSS process to help shape the Council’s and West Northamptonshire’s documents.  Growth had to be managed and planned for.  Councillor Woods commented that the Council had a responsibility to provide for the next generation and it was important for the critical decisions to be correct.  Councillor P D Varnsverry noted that Northampton would be the regional lead for the Cultural Olympiad from 2011 through to the opening of the Olympic Games in 2012.

RESOLVED:         (1)         That the key issues that relate to Northampton as set out in the report be noted.

(2)         That the suggested comments and responses to the consultation as set out in Appendix 1 of the report be approved.

Report of the Director of Finance and Support

That consideration of the report be deferred so as to allow further discussions with the Police Crime Prevention Officer to take place and to allow the proposed lessee and the Friends of Hunsbury Hill Country Park and Northampton Ironstone Railway Trust to discuss the possibility of the lessee being involved with the Trust’s café operation.

Mr Oldham stated that he was objecting to the disposal of land to convert the toilet block into a café as it would be situated just after a sharp bend in the road and believed that the roads in the area would  become a lorry park particularly as the entrance to the car park had a height restriction barrier.  He commented that he believed that lorries would park on the pavements blocking access for the disabled and young mothers with prams and pushchairs.  In turn this would make it dangerous crossing the road.  He believed that a café would attract these situations.  Mr Oldham compared the current situation with Cabinet’s decision earlier in the year to object to quarrying at Milton Malsor on traffic grounds and believed that this situation was not materially different.  He related first hand experience of a near accident due to the driver driving too fast on this stretch of road.

Mr Sharpe speaking on behalf of residents and on behalf of the Friends of Hunsbury Hill Country Park felt that the report was biased against residents.  He noted that residents had lived with the toilets as a magnet for crime, drugs and anti-social behaviour for many years.  He observed that no improvements had been made to the car park as yet.  He also commented that as a car park it did not meet any national standard in terms of crime prevention.  He stated that both Ward Councillors felt that the café in the park would increase crime but the report said the opposite.  Mr Sharp stated that the Head Teacher of the nearby school had indicated that a café was likely to increase problems with truancy.  He also noted the Council’s crime safety document which indicated that the Council would provide residents with a safe environment free of crime.  He requested that Cabinet respond to the community’s concerns positively and that the Council should be supporting the Northampton Ironstone Railway Trust and their facilities.  Councillor Perkins commented that the Council did support the Northampton Ironstone Railway Trust (NIRT) and their café and asked Mr Sharpe in what way supporting NIRT would be different.  Mr Sharpe commented that a café at the NIRT already existed; it was fenced and had CCTV and was well run and managed.  He was aware that the Trust was planning to extend facilities, for example, to provide disabled toilets and extend their opening times.  The Friends of Hunsbury Hill Country Park had a vision for the park that the Trust supported.  Councillor Perkins asked if Mr Sharpe was aware of any discussions between the proposed lessee and NIRT about the lessee possibly being involved with the Trust’s café operation.  Mr Sharpe indicated he was not aware of any such discussion.

Mr Brown, the Chair of the Friends of Hunsbury Hill Country Park, believed that a café would increase noise, anti-social behaviour and he referred to the poor surface of the existing car park.  He noted the Police’s Crime Prevention Officer’s report  ...  view the full minutes text for item 8.

B Report of the Director of Environment and Culture

2.1 Cabinet agreed to accept the transfer of the following areas of open space as per the Section 106 Agreement for St Crispin, Northampton, to the Council:

·        Church Gardens (site 1)

·        Wood east of Phase 1 including Play area NW (site 2)

·        Village Green (site 4)

·        Green west of school (Site 5a,b,c,&d)

·        Berry Wood (site 10)

Maintenance of open space to the west edge (site 3)

2.2 That consideration be given to the Greek Orthodox Church taking on the maintenance of the former St Crispin’s Chapel graveyard.

Councillor Hadland commented that the use commuted sums was a common practice but in previous years sometimes this money had been diverted to other uses.  This was often possible because the multipliers and interest rates that applied at that time were high.  He sought an assurance that this would not happen now and that a clear idea of the revenue cost being taken on had actually been calculated.  He noted the appendix which separated capital and revenue expenditure.

Councillor Crake as the relevant Portfolio Holder submitted a report and noted that the figures shown in paragraphs 3.7 and 4.4 should be amended to read £446,842.50.  It was noted that the parcels of land detailed were now in a condition that the Council could accept taking over the maintenance of and that the remaining areas were still under negotiation.

In response to Councillor Hadland’s comment the Director of Finance and Support commented that the commuted sum would not be otherwise diverted.  Councillor P D Varnsverry noted an interest by the Greek Orthodox Church to take over the maintenance of the former St Crispin’s chapel graveyard.

RESOLVED:            (1)            That the transfer of the areas of open space detailed below and as shown on the attached plan to the report be accepted as areas of open space as per the Section 106 Agreement for St Crispin, Northampton to the Council:-

·  Church Gardens (Site 1)

·  Wood east of Phase 1 including play area north west (Site 2)

·  Village green (Site 4)

·  Green west of school (Site 5A, B, C and D)

·  Berrywood (Site 10)

·  Maintenance of open space to the west edge (Site 3)

(2)         That further consideration be given to the interest of the Greek Orthodox Church in taking over the maintenance of the former St Crispin chapel graveyard.

Report of the Chief Executive (to follow)

That the Chief Executive in consultation with the Leader of the Council amend the Council’s response to the consultation as set out in appendix two of the report to reflect the Council’s wish to become a unitary authority.

Councillor Woods as the relevant Portfolio Holder circulated a report that set out the Council’s proposed response to the Department of Community and Local Government’s consultation entitled “Strengthening Local Democracy”.  He considered that the best way to strengthen local democracy would be give local Councils more responsibility, the ability to raise its own taxes and to review the local government electoral system to give the public a real choice.

Councillor Church noted that the consultation document was a diversion from the real issues which for Northampton would be the creation of a unitary authority.  He suggested that the Council’s response to the consultation document should be framed with that objective in mind.

RESOLVED:         That the Chief Executive in consultation with the Leader of the Council amend the proposed response set out in Appendix 2 of the report to reflect the Council’s wish to become a unitary authority.

Report of the Director of Finance and Support

2.1 Cabinet recommended to Council that they note the Council’s Treasury Management Performance in 2008-09.

2.2 That Cabinet noted the following changes to 2009-10 counterparty limits, authorised by the Chief Finance Officer (the Section 151 Officer), on 12 June 2009:

·        An increase in the maximum level of investment with any counterparty, or group of counterparties from £10m to £15m.

That under the additional restrictions to counterparty criteria and limits in place for 2009-10 set out in the Treasury Strategy, the increased limit should apply only to the maximum amounts permitted for investments with the UK Debt Management Office and with the UK nationalised/part nationalised banking groups included on the Sector list (Lloyds Banking Group, Royal Bank of Scotland Group and Northern Rock).

Councillor Perkins as the relevant Portfolio Holder submitted a report that set out the Council’s performance in relation to its borrowing and investment strategy for 2008-9 and advised of an increase for 2009/10 to the maximum amount permitted for investments within the UK Debt Management Office and with the UK nationalised/part nationalised banking groups.  Councillor Perkins further commented that the report demonstrated that the Council was now on a firm financial footing which was all the more welcome because of the unprecedented situation that the Council found itself in over the last 18 months.  He noted that borrowing had been kept down to £26m although Council could borrow up to £43m.  He commented that the Council’s position compared favourably with a number of other Councils.  Councillor Perkins also commented on the reduction in investment rates from 5.5% to 0.5%.

RECOMMENDATION:      That Council note the Council’s Treasury Management Performance in 2008-9.

RESOLVED:         (1)         That the following changes to the 2009/10 counter party limits authorised by the Chief Finance Officer (the Section 151 Officer) on 12 June 2009 be noted:

·  An increase in the maximum level of investment with any county or party or group of counter parties from £10m to £15m

·  That under the additional restrictions to counter party criteria and limits in place for 2009/10 set out in the Treasury Strategy increased limits should apply and lead to a maximum amount permitted for investments with the UK Debt Management Office and with the UK nationalised/part nationalised banking groups including on the sector list (Lloyds Banking group, Royal Bank of Scotland group and Northern Rock)

(2)         That the Director of Finance and Support and her colleagues be congratulated upon the Council’s Treasury Management and Performance in 2008-9.

Report of the Director of Finance and Support

2.1 Cabinet reviewed the changes to the revised 2008/09 statement of accounts and indicate whether there are any concerns arising that need to be brought to the attention of the Council.

2.2 Cabinet considered any observations from the Audit Committee

2.3 Cabinet recommended to Council that the Director of Finance, in consultation with the Portfolio holder for Finance, be authorised to make any non-material adjustments to the accounts prior to publication of the accounts.

That subject to any comments arising at 2.1 and 2.2 above that Council be recommended to adopt the 2008/09 statement of accounts.

Councillor Perkins as the relevant Portfolio Holder submitted a report that presented the 2008-9 Statement of Accounts to Cabinet and commented that there had been no material changes since the statement was presented to Cabinet and Council in June.  Councillor Perkins made reference to the KPMG report appended and commented that the Use of Resources criteria were harder this year and the Council had maintained a score of 2 which in reality represented an improvement.  He also acknowledged that there were areas where improvements were still needed and that action was being taken in this respect.

Councillor Woods in referring to the KPMG report noted their statement “that the authority continues to make improvements and scores 2 across all KLOES”.

The Director of Finance and Support noted that the Audit Committee had made no significant comments on this report and that the Use of Resources scores were still subject to verification by the Audit Commission in October but no changes were expected.

RECOMMENDED:   (1)   That Council be informed that the Cabinet does not wish to raise any concerns in respect of the revised 2008-9 Statement of Accounts.

(2)   That the Director of Finance in consultation with the Portfolio Holder for Finance be authorised to make any non-material adjustments to the accounts prior to their publication.

(3)   That the 2008-9 Statement of Accounts be adopted.

RESOLVED:         That the position of the Audit Committee be noted.

Report of the Chief Executive, Director of Finance & Support and Borough Solicitor

2.1Cabinet considered any comments on the Annual Governance Statement arising from the Audit Committee.

2.2 Cabinet noted this report and recommend to Council to adopt the previously approved Annual Governance Statement, subject to any comments arising from 2.1 above.

Councillor Perkins as the relevant Portfolio Holder submitted a report which set out the 2008-09 Annual Governance Statement post external audit.  He noted that there had been no material changes since the Statement was considered by Cabinet in June.  He also noted that the Audit Committee had not made any comments.

RECOMMENDED:            That Council adopt the previously approved Annual Governance Statement for 2008-09.

Report of the Chief Executive

Cabinet noted the contents of the report.

Councillor Woods submitted a report that set out the Council’s Performance for July 2009.  He noted that the statistics for flytipping and dealing with missed bin collections were particularly impressive.  He also noted that there were some issues with Revenue Benefits but noted that this reflected the effects of the recession and increased demand for the service.

RESOLVED:                        That the report be noted.

Report of the Director of Finance and Support

1. Cabinet noted the report and the forecast over spend of £920k net of management action.

2. Cabinet asked for further reports on any proposed saving which were now deemed to be unachievable and alterative plans to make those savings.

Councillor Perkins submitted a report that set out the Council’s projected outturn position for the current financial year.  He noted the forecast overspend which primarily lay in one directorate but was aware that discussions were taking place to deal with the situation.

Councillor Woods commented that Environment and Culture had contributed more savings than any other part of the authority and that recently a value for money partner had been appointed who would assist with the identification of further possible savings.  Councillor Crake commented that Environmental Services provided a number of frontline services and the £3m savings represented a significant percentage of their budget.

RESOLVED:         (1)         That the report and the forecast overspend of £920,000 net of management action be noted.

(2)         That a further report be submitted where projected savings are now regarded as being undeliverable and setting out alternatives on how those savings might be achieved.

Report of the Director of Finance and Support

Cabinet noted the report and the forecast overspend of £1,051k on the Net Cost of Services.

Councillor Perkins submitted a report that set out the projected outturn position for the current financial year for the Housing Revenue Account.  He noted a possible overspend of £1m in respect of Housing Repairs and also that action was being taken.

The Director of Housing commented that this budget was demand led and the projected overspend reflected increased demand from the service.  A further report as part of the HRA Monitoring would be made if the overspend could not be resolved.  She also noted that tenants may have to be consulted if changes were made.  The Director of Finance and Support noted that expenditure could go up in situations where service provision improved.  She noted that the allocation of money to capital and revenue was being carefully examined so that expenditure would be capitalised wherever possible.  This would improve the budgetary situation.

RESOLVED:         That the report and forecast overspend of £1,051,000 on the nett cost of services be noted.

B Report of the Director of Finance and Support

.1 Cabinet approved the following schemes to be added to the capital programme for 2009-10

Further details of these appraisals can be seen at Annex A to this report.

2.2 That Cabinet approve the following variations to schemes in the capital programme for 2009-10.

Councillor Perkins submitted a report that set out the situation in respect of the Council’s Capital Programme for 2009/10 and noted that the programme was fully funded.  He also commented that many of the schemes related to carbon management and the Council’s intention to reduce its carbon footprint.

RESOLVED: (1):

(2)  That the following variations to schemes in the Capital Programme for 2009-10 be approved.

THE CHAIR TO MOVE:

“THAT THE PUBLIC AND PRESS BE EXCLUDED FROM THE REMAINDER OF THE MEETING ON THE GROUNDS THAT THERE IS LIKELY TO BE DISCLOSURE TO THEM OF SUCH CATEGORIES OF EXEMPT INFORMATION AS DEFINED BY SECTION 100(1) OF THE LOCAL GOVERNMENT ACT 1972 AS LISTED AGAINST SUCH ITEMS OF BUSINESS BY REFERENCE TO THE APPROPRIATE PARAGRAPH OF SCHEDULE 12A TO SUCH ACT.”

The Chair moved that the public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.

Report of the Director of Housing Services

1. The Director of Housing was authorised to conclude negotiations with the present site manager for a three year period commencing December 2009.

2. Subject to consultation with existing pitch licence holders the Director of Housing and Borough Solicitor in consultation with the Portfolio Holder were delegated authority to vary the terms of existing licenses including the weekly pitch fees between pitch holders and the Council.

3. That pitch fees be set at £50 per week from the commencement of the new agreement subject to annual review commencing February 2011.

4. Cabinet noted the draft heads of terms with the site manager which included proposed commercial elements of the arrangement.

Councillor Woods as the relevant Portfolio Holder submitted a report which sought Cabinet’s approval to agree in principle to the new proposed management arrangements set out in the report.

RESOLVED:         (1)         That the Director of Housing be authorised to conclude negotiations with the present site manager for an agreement for a three year period commencing December 2009.

(2)         That subject to consultation with the existing pitch licence holders the Director of Housing in consultation with the Borough Solicitor and the Portfolio Holder for Housing be delegated authority varying the terms of the existing licences including the weekly pitch fees between pitch holders and the Council (Option 3.3.3 of the report).

(3)         That pitch fee be set at £55 per week from the commencement of the proposed new Agreement subject to annual review of the pitch fees commencing in February 2011 and thereafter on each anniversary thereof.

(4)         That the draft Heads of Terms with the Site Manager which included the proposed commercial elements of the arrangement, be noted.