Contact: Martin Warren, Senior Democratic Services Officer
Items
No.
Item
125.
Procedural Business
(a) Declarations of Interest by all
Members present of any personal interests in matters on the agenda,
the nature of any interest and whether the Members regard the
interest as prejudicial under the terms of the Code of
Conduct
(b)
Exclusion of Press and Public - To consider whether, in view of the
nature of the business to be transacted, or the nature of the
proceedings, the press and public should be excluded from the
meeting when any of the following items are under
consideration.
NOTE: Any item appearing in Part 2 of
the Agenda states in its heading the category under which the
information disclosed in the report is exempt from disclosure and
therefore not available to the public.
A list and
description of the exempt categories is available for public
inspection at Brighton and Hove Town Halls.
Minutes:
25a
Declarations of
Interests
25a.1
There were
none.
25b
Exclusion of Press and
Public
25b.1
The
Cabinet considered whether the press and public should be excluded
from the meeting during the consideration of any items contained in
the agenda, having regard to the nature of the business to be
transacted and the nature of the proceedings and the likelihood as
to whether, if members of the press and public were present, there
would be disclosure to them of confidential or exempt information
as defined in Schedule 12A, Part 5A, Section 100A(4) or 100 1 of
the Local Government Act 1972 (as amended).
25b.2
RESOLVED -That the press and public be
excluded from the meeting during consideration of items 44
onward.
126.
Chairman's Communications
Minutes:
26.1
The
Chairman agreed that a late and urgent confidential item would be
considered as item 45A; ‘NCP Car Parks’.
26.2
The
Chairman noted that she had determined that the Forward Plan could
be flexible in respect of the following three issues; these had
been previously listed on the Forward Plan, but were not included
on the Cabinet agenda.
26.3
The
Housing Green Paper. The report would be considered by the Housing
Management Consultative Committee and then determined at the
Housing Cabinet Member Meeting.
26.4
A
report considering the needs of gypsies and travellers was subject
to ongoing discussion and would be reported to a future meeting,
prior to the timetabled September Cabinet.
26.5
The
King Alfred Development was subject to ongoing discussions,
particularly in light of the ‘credit crunch’ affecting
the national economy and a report would be bought to a future
meeting.
RESOLVED– That the minutes of the
Cabinet as held on 12 June 2008 be agreed as a correct
record.
128.
Items Reserved for Discussion
(a)Items reserved by the Cabinet Members
(b)Items reserved by the Opposition
Spokesperson
(c)Items reserved by Members, with the agreement of the
Cabinet Member.
With the exception of the items reserved, the
questions, petitions,
deputations,
notices of motion and Members’ letters on the agenda,
all
theother recommendations, including the reasons and
the statement of
otheroptions considered are approved.
Agreement includes the decision,
reasonsfor
decision and alternative options considered.
NOTE: Notices of
Motion, Deputations and Petitions referred from Council and
Members’ Letters will be reserved
automatically.
Minutes:
28.1
RESOLVED– That with the exception of
the items reserved (and marked with an asterisk), the
recommendations and resolutions contained therein be approved and
adopted without debate.
(the
closing date for receipt of public questions is 12 noon on 3
July)
Minutes:
29.1
The
Chairman noted that one public question had been received and
welcomed Mr Chavasse to the meeting and
invited him to put his question.
29.2
Mr
Chavasse thanked the Chairman and asked
the following question:
‘To again allay public concerns and the
circulation of rumours, and to allow sufficient opportunity for
public consideration and democratic preparations, would the Cabinet
Member please urgently confirm, to this Meeting, the now intended
date for the publication of the completed Report and
Recommendations on proposals to extend Communal Bins and to change
long existing collection arrangements - early publication being in
accordance with the Environment Committee resolution Item 55.12 2,
whereby the analysed results of the Consultation will be reported
back for consideration alongside any associated recommendations for
changes to established collection systems?’
29.3
The
Chairman invited Councillor Theobald to
respond. Councillor Theobald replied as
follows:
‘Thank you for your question Mr
Chavasse.
Communal bins will be considered by the
Cabinet on the 18 September and it is anticipated that the report
will be made public 5 clear working days before the date of the
meeting.’
29.4
The
Chairman noted that Mr Chavasse had the
right of one supplementary question and invited him to put a
further question.
29.5
Mr
Chavasse asked the following
supplementary question:
‘As that is clearly an unsatisfactory,
defensive and secretive answer which may lead to evasion of
discussion and timely scrutiny, will the Cabinet either please
confirm that proposed changes which affect household collection and
waste storage in listed HMO’s are
the subject of open discussion to ensure that all freeholders have
sufficient opportunity to meet their obligations under Planning,
Listed Building, Building Control, Environmental Health &
Safety and Landlord and Tenant Consultation legislation or will
Cabinet confirm that the council will indemnify freeholding landlords and leaseholders against
legislative breach and chaos stemming from precipitative changes upon which there has been no
consultation? For example the rumoured and provocative halving of
the number of collections from HMO’s, no mutual effort to first promote the
required increase in recycling, the long delivery of boxes and the
lack of stable lids so that they can be economically stored within
the many small premises’.
29.6
Councillor Theobald thanked Mr Chavasse for his question and following a further
exchange to clarify some points made above responded that the
decisions would be made in an open and accountable way, taking note
of the consultation undertaken. Many of the rumours and concerns as
detailed above would be dealt with in the report submitted for
consideration.
130.
Written Questions From Councillors
(the
closing date for receipt of written questions from Councillors is
10.00am on 30 June).
Minutes:
30.1
There
were none.
131.
Petitions
Minutes:
31.1
The
Cabinet received a petition signed by 22 people, presented by
Councillor Randall.
‘Petition to Brighton & Hove City
Council
Stonewall Education Champions Programme
We the undersigned call on Brighton & Hove
City Council to sign up to the Stonewall Education Champions
Programme that provides support to local authorities tackling
homophobic buying in schools.
Sonewall’s
recent School Report, research carried out with more that 1100
pupils in Britain’s secondary schools, found that two thirds were regular victims
of homophobic bullying. Ninety eight per cent regularly heard
insults such as ‘bender’, ‘queer’ and
‘dyke’ in their schools.
Children who learn that homophobic bullying is
unacceptable in schools and can destroy lives will carry that
message into their adult life in the workplace and the
community.’
31.2
The
Chairman thanked Councillor Randall for his petition and that it
would be referred to the next relevant meeting of the Children and
Young People’s Trust.
132.
Deputations
(the
closing date for receipt of deputations is 12 noon on 3
July).
(the
closing date for receipt of letters from Councillors is 10.00am on
30 June).
Minutes:
33.1
The
Chairman noted a letter from Councillor Steedman in relation to GM food and trading
standards (tabled at the meeting for information). As Councillor
Steedman was unable to attend,
Councillor Randall presented the letter on his behalf.
33.2
‘I write to you on two matters of
concerns, brought to my attention by Friends of the Earth, both
relating to the possibility that Brighton and Hove residents may be
unwittingly buying and consuming genetically modified foods that
they neither need nor want.
Firstly, the Food Standards Agency (FSA) has
recently issued a food alert regarding the contamination of some
rice products by illegal genetically modified (GM) rice.
33.3
Two contaminated foods, both rice noodle
products, were found on sale in Asian specialty stores in London in
2006, but the FSA has only just issued the alert. I am therefore
concerned that contaminated food may be on sale in shops in
Brighton and Hove. This is particularly
worrying because scientific studies have raised concerns about the
risk to human health, particularly the potential to cause food
allergies. Worryingly, the FSA says that so little data on Bt63
rice exists that it is not even possible to carry out safety
tests.
For full information about the food alert,
including details of products that might be affected and the
obligations of local authorities please see the FSA website at:
Secondly, GM ingredients, mainly cooking oil,
may be finding their way into restaurants, cafes and pubs without
customers being informed of this fact. Although I understand that
it is lawful for catering establishments to use certain types of GM
oil in their food, they are legally required to reveal it on the
menu or on a prominent notice.
However, in some areas, such as Norfolk and
York, Trading Standards officers have found that GM ingredients are
being routinely used without any form of labelling by numerous
caterers. This is despite the fact that failure to comply with
these labelling requirements is a criminal offence with a penalty
of up to £20,000.
A Business Guidance leaflet on Genetically
Modified Foods, produced for caterers by Trading Standards at
national level has been produced and is available at:
The people of Brighton and Hove have
comprehensively rejected genetically modified products. In 2003,
the Council passed a motion making us the first local authority in
the South East to become a GM-free zone. However, despite massive
public opposition, the Government is once again expressing its
support for GM technologies following extensive lobbying from the
biotech industry. The Council must act to defend our record on GM
and to uphold the law.
33.6
Therefore, I would request that our Trading
Standards team:
investigate the
possibility that products contaminated with the illegal Bt63 GM
rice are being sold in Brighton and Hove, including any necessary
testing;
investigate whether
unlabelled GM products, especially cooking oil, are being used in
catering establishments across the city;
take action to remind
local businesses of their legal obligations in respect of the
labelling of GM products;
take the strongest possible action against offending
businesses, where repeated and wilful breaches of the law are
occurring.
Yours sincerely …’
33.7
The
Chairman invited Councillor Theobald to
respond. Councillor Theobald replied as
follows:
‘The Trading Standards Food Team
have a risk assessed programme of
inspections and carry out target sampling in line with national
guidance.
They
are aware of all the issues relating to GM foods, including the
recent alert and the concerns of the public and will, of course,
always have this in mind when they are carrying out their
work.
Their
current sampling programme does not include GM foods but,
obviously, if information is received that suggests a problem
within the city, they have the
flexibility to amend the programme to take account of
this.
I know
that the Trading Standards Team are
reviewing the local position regarding this issue to ensure that
appropriate action is being taken.”
Report of the Director of
Finance & Resources (to follow).
Decision:
(1) That the
forecast outturn for the General Fund, Section 75 Partnerships and
Housing Revenue Account (HRA) for 2008/09 as at month 2 be
noted.
(2) That
Directorates with forecast overspends will develop financial
recovery plans, which will be included in the next report to
Cabinet (Month 6 – September).
(3) That a
contribution of £0.300 million to Contingency from the saving
on the Insurance contract renewal be agreed.
(4) That a
contribution of £0.150 million to the Risk Management
Reserve, also from the saving on the Insurance contract renewal, be
agreed.
(5) That the
forecast outturn position on the capital budgets as at month 2
be noted.
(6) That the new
capital schemes as set in Appendix 4 of the report be
approved.
(7) That the capital budget
changes as set out in 3.14 and 3.15 and the budget re-profile as
set out in Appendix 5 of the report be approved.
Minutes:
37.1
The Cabinet
considered a report of the Director of Finance & Resources
concerning the forecast outturn position on the revenue and capital
budgets as at the end of May 2008 (Month 2) (for copy see minute
book).
37.2
Following a
request to speak the Chairman invited Councillor Hamilton to
address the meeting. Councillor Hamilton raised a number of
concerns and issues, reflected in the responses as detailed
below.
37.3
In response
to questions and comments from Councillor Hamilton, Councillor
Caulfield noted concerns in respect of the Housing Revenue Account
and the potential impact on meeting the Decent Homes Standard. She
explained that issues concerning this would be contained in the
Housing Green Paper report prepared for the Housing Management
Consultative Committee and Housing Cabinet Member Meeting. It was
also the case that the re-tendering of some repairs contracts
should achieve major savings.
37.4
Councillor Kemble,
responding to points made by Councillor Hamilton in respect of
potential savings from insurance monies and un-allocated LAGBI
funding, commented that this potential opportunity for savings
would be considered.
37.5
Councillor Norman,
noting Councillor Hamiltons’
point about an overspend from the Adult
Social Care budget was confident that the budget would be balanced
at the end of the financial year.
37.6
RESOLVED– Having considered the
information and the reasons set out in the report, the Cabinet
accepted the following recommendations:
(1) That the
forecast outturn for the General Fund, Section 75 Partnerships and
Housing Revenue Account (HRA) for 2008/09 as at month 2 be
noted.
(2) That
Directorates with forecast overspends will develop financial
recovery plans, which will be included in the next report to
Cabinet (Month 6 – September).
(3) That a
contribution of £0.300 million to Contingency from the saving
on the Insurance contract renewal be agreed.
(4) That a
contribution of £0.150 million to the Risk Management
Reserve, also from the saving on the Insurance contract renewal, be
agreed.
(5) That the
forecast outturn position on the capital budgets as at month 2
be noted.
(6) That the new
capital schemes as set in Appendix 4 of the report be
approved.
(7) That the capital budget
changes as set out in 3.14 and 3.15 and the budget re-profile as
set out in Appendix 5 of the report be approved.
Report of the Director of
Finance & Resources (copy attached).
Decision:
(1) That a contract is awarded to the best gas
bid, via the most beneficial procurement route following appraisal
and recommendations from the council’s energy adviser.
(2) That the current OJEU procurement route
continues whilst options are retained to place a contract through
the most beneficial procurement route
(3) That the Director of Finance &
Resources be given delegated powers, following consultation with
the Cabinet member, Leader, and Opposition Spokesperson to award
the contract and take all other steps necessary for the
implementation of the proposals.
(4) That the Director of Adult Social Care and
Housing be authorised to increase gas heating service charges for
council tenants to reflect the increase in contract prices from 1st
October 2008.
Minutes:
38.1
The Cabinet considered a report
of the Director of Finance & Resources seeking authority to delegate approval powers to the Director of Finance
and Resources following a tender exercise in compliance with the
European Union Public Procurement Directive to re-let the Brighton
and Hove City Council Gas contract (for copy see minute
book).
38.2
In response to
questions from Councillor Mitchell, Councillor Caulfield commented
that the impact of fuel price increases for tenants would be
mitigated by the ongoing rent restructuring process. Options were
also being considered to combat fuel poverty for tenants; including
the provision of more energy efficient boilers and improved
insulation. These improvements were being developed in consultation
with the Sustainability Team and their advice in minimising
consumption and offering advice on sustainable lifestyles would be
beneficial.
38.3
In relation to a point raised by
Councillor Mitchell about bringing pressure to bear on utility
companies demanding that lower income customers use pre-payment
methods, the Chairman commented that Government should be lobbied
on the issue.
38.3
RESOLVED – Having
considered the information and the reasons set out in the report,
the Cabinet accepted the following recommendations:
(1) That a contract is awarded to the best gas
bid, via the most beneficial procurement route following appraisal
and recommendations from the council’s energy adviser.
(2) That the
current OJEU procurement route continues whilst options are
retained to place a contract through the most beneficial
procurement route
(3) That the Director of Finance &
Resources be given delegated powers, following consultation with
the Cabinet member, Leader, and Opposition Spokesperson to award
the contract and take all other steps necessary for the
implementation of the proposals.
(4) That the Director of Adult Social Care and
Housing be authorised to increase gas heating service charges for
council tenants to reflect the increase in contract prices from 1st
October 2008.
Strategic & Policy Issues
139.
Annual Performance Report 2007 / 2008
Decision:
(1) To approve the Annual Performance Report
2007-08, subject to a
small amount of
statistical information to be collected and included.
Minutes:
39.1
The Cabinet considered a report of the
Director of Strategy & Governance providing a summary of
results of the Council’s end of year performance (for copy
see minute book).
39.2
Portfolio holders introduced
their areas of responsibility and responded to queries from
Members.
39.3
In response to queries from
Councillor Hawkes, Councillor Brown
agreed on the importance of indicator 197 which measured the number
of conceptions to females aged under 18.
Both Members considered this area to be extremely important and
were pleased with the results achieved to date.
39.4
Responding to comments from
Councillor Mitchell the Chairman noted that the forty one empty
council owned houses noted in the report were subject to major
repair or structural integrity issues.
39.5
Councillor Caulfield added that
the majority of these buildings demanded repairs in excess of
£25,000 and that some of the long-term empty properties had
been inherited from the previous administration. She noted that the
report on the Housing Green Paper contained proposals for dealing
with this situation. She concluded that there were no plans to
transfer any of these properties away from council
ownership.
39.6
Responding to comments from
Councillor Mitchell, Councillor Brown commented that the Children
and Young Peoples Trust Board would be examining why the number of
statements of special educational needs had fallen.
39.7
Councillor Brown noted that
primary school attendance had improved year on year for the last
five years and that attendance at secondary school had begun to
show signs of improvement.
39.8
Councillor Theobald accepted Councillor Mitchells’
comment in regard to an increase in domestic burglaries, but noted
that on the whole crime was reducing.
39.9
Councillor Theobald noted comments about the dirtiness of
pavements in the city centre, but noted the positive impact of
communal bins and the move to encourage business premises to wash
the pavement areas that they were responsible for. He added that he
remained to be convinced that there was a cost effective solution
to the issue.
39.10
RESOLVED- Having considered the information and the
reasons set out in the report, the Cabinet accepted the following
recommendation;
(1) To approve the Annual Performance Report
2007-08, subject to a
small amount of
statistical information to be collected and included.
1) Cabinet approve the ROM Strategy (Appendix 1)
& ROM Programme (Appendix
1.A)
2) Cabinet delegate
authority to the Risk & Opportunity Manager and officer ROM
Champion to alter the ROM Toolkit as necessary
Minutes:
40.1
The Cabinet considered a report
of the Director of Strategy & Governance that identified a
number of reasons for improving the council’s risk management
approach and converting it into a Risk & Opportunity Management
(ROM) strategy for the period 2008 – 2011 (for copy see
minute book).
40.2
RESOLVED –
Having considered the information and the reasons set out in the
report, the Cabinet accepted the following recommendations:
(1) To approve the ROM strategy
(Appendix 1 of the report) & ROM Programme (Appendix 1.A of the
report)
(2) To delegate authority to the
Risk & Opportunity Manager and officer ROM Champion to alter
the ROM Toolkit as necessary.
1) Thatthe Cabinet
approves the revised Local Development Scheme for submission to the
Secretary of State, subject to minor changes to the Waste and
Minerals DPD timetables and minor non-material alterations that may
be made in consultation with the Director of Environment and the
Cabinet Member for Environment.
2) That the Cabinet
approve that the Local Development Scheme should be brought into effect following approval by the
Secretary of State
Minutes:
41.1
The Cabinet considered a report of the
Director of Environment seeking approval of the revised and updated
Local Development Scheme (LDS). This three year work programme for
the Local Development Framework (LDF) covered the period from 2008
to 2011 (for copy see minute book).
41.2
RESOLVED – Having considered the information and the reasons set out in the
report, the Cabinet accepted the following
recommendations:
(1) To approve the revised
Local Development Scheme for submission to the Secretary of State,
subject to minor changes to the Waste and Minerals DPD timetables
and minor non-material alterations that may be made in consultation
with the Director of Environment and the Cabinet Member for
Environment.
(2) To approve that the Local
Development Scheme should be brought into effect following approval
by the Secretary of State.
1) To note the progress since the Policy &
Resources Committee Meeting of 6 March 2008.
2) To consider the outcome of the informal stage
of consultation undertaken between 19 May and 4 July 2008 shown at
Appendix 3 of the report.
3) That based on the
outcomes of that consultation, to approve the next stage of the
procedure and authorise the Director of Children’s Services
to publish the statutory notice on 1 September 2008 for the closure
of Falmer High School in August
2010.
Minutes:
42.1
The Cabinet considered a report
of the Director of Children’s Services that updated Members
on the process for the proposed development of an Academy on the
Falmer High School site. The report
informed Members of the outcomes of the informal consultation
process and sought approval for the further formal consultation
stage (for copy see minute book).
42.2
A revised version of the report had been
circulated to the Cabinet and made available to Members and the
public. The revised report was the version considered in
determining the decision.
42.3
Following a
request to speak the Chairman invited Councillor Hawkes to address the meeting. Councillor
Hawkes broadly supported the initiative
but was concerned that there was not enough detail contained within
the report about the variety of responses made to the
consultation.
42.4
Councillor Caulfield, speaking as a ward
councillor for the area, thanked Councillor Hawkes for her support and noted that the prime
driver for pursuing the initiative was to improve the lives and
education opportunities for residents in the area.
42.5
Councillor Kemble endorsed the comments made
by Councillors Hawkes and Caulfield,
noting the unique opportunity that the project afforded.
42.6
RESOLVED – Having
considered the information and the reasons set out in the report,
the Cabinet accepted the following recommendations:
(1) To note the progress since the Policy
& Resources Committee Meeting of 6 March 2008.
2) To consider the outcome of the informal
stage of consultation undertaken between 19 May and 4 July 2008
shown at Appendix 3 of the report.
3) That based on the
outcomes of that consultation, to approve the next stage of the
procedure and authorise the Director of Children’s Services
to publish the statutory notice on 1 September 2008 for the closure
of Falmer High School in August
2010.
1) To approve
the establishment of a Sustainability Cabinet Committee in
accordance with the terms of reference attached to the report.
Minutes:
43.1
The Cabinet considered a report of the
Director of Strategy & Governance that detailed the nature of a
proposed new Sustainability Cabinet Committee and sought approval
for its establishment (for copy see minute book).
43.2
Additional information regarding the
establishment of a Sustainability Committee had been circulated to
the Cabinet and made available to Members and the public. This was
also considered in determining the decision. The information
related to a meeting of the Governance
Committee on 1 July.
43.3
Councillor Mitchell maintained that the new
body was unnecessary and that instead of creating a new forum, the
existing Sustainability Commission should report to Cabinet.
43.4
The Chairman considered that the formation of
the new body demonstrated commitment to sustainability.
43.5
RESOLVED –Having considered the information
and the reasons set out in the report, the Cabinet accepted the
following recommendation:
(1) To approve the establishment of a
Sustainability Cabinet Committee in accordance with the terms of
reference as noted.
Report of the Director of
Finance & Resources (copy attached). [Exempt Category
3]
Minutes:
44.1
The Cabinet considered a report of the
Director of Finance & Resources seeking authority to delegate approval powers to the Director Finance
and Resources following a tender exercise in compliance with the
European Union Public Procurement Directive to re-let the Brighton
and Hove City Council Gas contract.
44.2
RESOLVED–That the
recommendations contained in the report be agreed.
Report of the Director of
Strategy & Governance (copy attached). [Exempt Category
3]
Decision:
1) Tonote the
progress made in the last 12 weeks by Brighton Arena Ltd in
reaching final terms with a new lead investor for the Black Rock
Development project.
2) To reconfirm a 5
month extension to the Long Stop Date in the
Development Agreement with Brighton Arena Limited originally
approved by Policy & Resources Committee at their meeting on 3
April 2008, to allow the Developer to secure final terms with their
lead investor and thereby enable a planning application to
be made.
Minutes:
45.1
The Cabinet considered a report
of the Director of Environment that documented progress to date on
the Black Rock development and in particular progress made by the
Developer in securing new funding for the project. The report
detailed progress made since a deadline of 14 March 2008 was set by
the Developer for the submission of Best and Final Offers from
investors.
44.2
RESOLVED–That the
recommendations contained in the report be agreed.
1) To re-confirm
the decision made by Policy & Resources on 29th November 2007
that the Council seeks the return of unfettered control four of the
five named car parks (being Regency Square, High Street,
Trafalgar/Blackman Street, Oxford Court), with the express
intention of operating those four car parks in house, pursuant to
section 30(1) paragraph 30(g) of the Landlord & Tenant Act
1954.
2) To re-confirm
the decision made by Policy & Resources on 29th November 2007
that the Council seeks the return to its unfettered control the
Carlton Hill car park either for the purposes as set out in 2.1
above or for the purposes of forming part of the Circus Street
redevelopment, pursuant to section 30(1) paragraph 30(f) of the
Landlord & Tenant Act 1954.
3) That the Cabinet Note the progress of
negotiations with NCP.
Minutes:
The Cabinet considered a late
and urgent report of the Director of Environment that reported and
confirmed the decisions made on 29th November 2007 by the then
Policy & Resources Committee that authorised officers to
negotiate with NCP the return of five car parks currently leased to
NCP (Regency Square, High Street, Trafalgar/Blackman Street, Oxford
Court and Carlton Hill) and to issue appropriate Notices under the
Landlord & Tenant Act 1954.
45A.1
RESOLVED–That the
recommendations contained in the report be agreed.
147.
Part Two Items
Minutes:
46.1
The committee considered
whether or not any of the above items should remain exempt from
disclosure to the press and public.
46.2
RESOLVED– That item No’s 44 to
45A inclusive contained in Part 2 of the agenda and the decisions
thereon remain exempt from disclosure to the press and
public.
PDF 225 KB