Agenda for Cabinet on Thursday, 17th September, 2009, 4.00pm

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Agenda, decisions and minutes

Venue: Council Chamber, Hove Town Hall. View directions

Contact: Tanya Massey, Senior Democratic Services Officer 

Webcast: View the webcast

Items
No. Item

61.

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 either that it is confidential or 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 categories of exempt information is available for public inspection at Brighton and Hove Town Halls.

     

    Additional documents:

    Minutes:

    61a     Declarations of Interests

     

    61a.1  Councillor Randall declared a personal, but non-prejudicial, interest in Item 78 Use of General Consents to Lease Properties to Brighton & Hove Seaside Community Homes as he was on the management board.

     

    61b     Exclusion of Press and Public

     

    61b.1  In accordance with section 100A of the Local Government Act 1972 (‘the Act’), it was considered whether the press and public should be excluded from the meeting during an item of business on the grounds that it was likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press or public were present during that item, there would be disclosure to them of confidential information (as defined in section 100A(3) of the Act) or exempt information (as defined in section 100I(1) of the Act).

     

    61b.2  RESOLVED - That the press and public be excluded from the meeting during consideration of items 84 onward.

62.

Minutes of the previous meeting pdf icon PDF 111 KB

63.

Chairman's Communications

    Additional documents:

    Minutes:

    63.1         The Chairman noted that the meeting would be web cast.

     

    63.2         The Chairman thanked Alex Bailey, Acting Chief Executive, and other officers, for their support during the acting up period, which would come to an end when the new Chief Executive joined the Council on 1 October 2009. She also welcomed back the Director of Finance of Resources.

     

    63.3         The Chairman reported that Phase Two of the 'Be Local, Buy Local' campaign had begun; 250 businesses had signed up and the Chairman tanked the Argus and Juice FM for supporting the project.

     

    63.4         The Chairman highlighted the upcoming White Air Festival, the Food and Drink Festival and the Pavilion Proms.

     

    63.5         The Chairman also highlighted the Celebrating Excellence Awards on 24 September and the Sports and Physical Activity Awards taking place in October, both supported by the Council.

     

    63.6         The Chairman congratulated Sussex County Cricket Club for winning the Twenty20 Cup.

     

64.

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 Chairman.

     

    NOTE: Public Questions, Written Questions from Councillors, Petitions, Deputations, Letters from Councillors and Notices of Motion will be reserved automatically.

    Additional documents:

    Minutes:

    64.1         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.

     

    Note:   The Head of Law informed Members of an amendment to recommendation 2.2 of Item 75; this can be seen at paragraph 75.2 (2).

65.

Petitions

66.

Public Questions

67.

Deputations

68.

Letters from Councillors

69.

Written Questions from Councillors

70.

Notices of Motion

70a

Making the most of wasted spaces pdf icon PDF 60 KB

    (i)     Proposed by Councillor Randall (copy attached).

     

    (ii)   Report of the Acting Director of Strategy & Governance (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet continues to work proactively with partners in improving the environment by positive use of ‘wasted spaces’.

     

    2.      That Cabinet endorses the work already being carried out by the local authority and its partners in making productive use of empty spaces within the community.

    Minutes:

    70a.1  The Cabinet considered the following Notice of Motion proposed by Councillor Randall:

     

    “This council applauds the success of groups making use of empty spaces and buildings to the cultural, commercial and community benefit of the city, notably:

     

    §         Andrew Comben and the Brighton Festival for the inspirational use of the market building to house Anish Kapoor’s The Dismemberment of Jeanne D’Arc

     

    §         The Guerilla Gardeners who have turned an eyesore into a community landmark with their rescue of the derelict garage site in the Lewes Road

     

    §         The Brighton University art students who converted the Old Music Library into an art gallery for the Brighton Festival

     

    §         Slack Space Brighton, which is bringing empty shops and offices into use for small traders across the city.

     

    §         The Bristol Estate Artists’ Studio project.

     

    §         The conversion of disused buildings, such as bin stores, on some of the Council’s housing estates.

     

    §         The Cyberden I.T. training facility at St. James House.

     

                It therefore asks the Cabinet to furtherexamine the possibilities of helping these and other groups in their efforts to make the most of wasted spaces to help the city out of the recession.”

     

    70a.2  The Chairman invited Councillor Randall to speak to the motion.

     

    70a.3  Councillor Randall stated that all councillors had shown their support for the Notice of Motion at full Council and added that he hoped that wasted spaces on Council housing land could be used to provide more housing.

     

    70a.4  Councillor Smith commented that the Council would consider a variety of uses for wasted spaces throughout the city, including provision for creative industries in addition to those for housing.

     

    70a.5  The Chairman endorsed the comments made and added that the Motion provided the Council with the chance to revisit work already done and consider the opportunities ahead for the city.

     

    70a.6  RESOLVED – That the Notice of Motion be noted and that, having considered the information and the reasons set out in the accompanying report, the Cabinet accepted the following recommendations:

     

    (1)         That Cabinet continues to work proactively with partners in improving the environment by positive use of ‘wasted spaces’.

     

    (2)         That the work already being carried out by the local authority and its partners in making productive use of empty spaces within the community be endorsed.

70b

Support the 'Great British Refurb' and the creation of more eco-jobs and training in the city pdf icon PDF 53 KB

    Proposed by Councillor Turton (copy attached).

    Additional documents:

    Minutes:

    70b.1  The Cabinet considered the following Notice of Motion proposed by Councillor Turton:

     

    “The Council welcomes the Great British Refurb that is planned across the country and the subsequent creation of jobs and training opportunities across the City.

     

    The Council recognises that the refurbishment of Britain’s schools, public buildings and council housing to improve energy efficiency has had received wide ranging support.  The Renewable Energy Association has called the Government’s plans ‘very positive, visionary and ambitious and the Local Government Association has called the plans a ‘a major step forward’ and the LGA have asked that energy suppliers pay a £500m annual charge to help fund a home insulation programme that would save 10 million households £280 a year on their energy bills, and create up to 20,000 new eco jobs.

     

    Key proposals of the Great British Refurb include;

     

    §         Finance packages to install energy efficiency measures and low-carbon heat and power sources would be offered to householders.  Repayment from part of the savings on energy bills would be linked to the property, rather than residents.

     

    §         Combined with guaranteed cash payments by way of a Renewable Heat Incentive and a Feed-in Tariff for small scale electricity generation, the payback for homeowners who switch to low-carbon technologies and save energy would start from day one.

     

    §         Options for improving the delivery of energy efficiency advice and measures, including establishing a central coordinating body funded by energy companies and working to Government-set targets.

     

    §         Rolling out low-cost home energy audits, developing a qualification for energy advisers, and establishing an accreditation scheme for installers.

     

    The Council accepts that it will also have a large role to play in developing renewable and low carbon heat and electricity, such as district heating schemes and asks:

     

    (a)         The Cabinet Sustainability Committee to consider its responsibility to ensure;

     

    §         Local schools, colleges and universities take full advantage of any future qualifications and apprenticeships linked to the instalment of environmentally friendly technology in the City’s homes,

     

    §         Local people are kept informed of the benefits of the Great British Refurb, such as any paybacks for homeowners who switch to low carbon alternatives and training opportunities in green industries, through council publications such as the website and City News,

     

    §         Work with local energy companies based in the City, as well as government departments to guarantee the best options, in terms of energy packages, training opportunities and jobs for residents and young people in the City,

     

    (b)         The Council asks the Cabinet to consider whether there is a wish for any involvement in the roll out of the Great British Refurb, particularly with regards to any future skills and training initiatives, and

     

    (c)          That the Acting Chief Executive write to the Department of Energy and Climate Change to outline the Council’s support for the scheme.”

     

    70b.2  Councillor Turton was unable to attend the meeting.

     

    70a.3  The Chairman explained that the Notice of Motion was timely as it coincided with a report being prepared in respect of 'Environmental Industries' and as the items were linked, it would be appropriate to consider them together. The Chairman reported that the Notice of Motion would be referred to the Sustainability Cabinet Committee on 13 October for further discussion and that Councillor Turton would be invited to attend.

     

    70a.4  In response to a question from Councillor Mitchell the Chairman stated that she would provide written confirmation that the Acting Chief Executive had written to the Department of Energy and Climate Change to outline the Council's support for the scheme.

     

    70a.5  RESOLVED – That the Notice of Motion be noted and referred to the Sustainability Cabinet Committee.

71.

Falmer Academy: Progress to date and submission of the Final Business Case pdf icon PDF 78 KB

72.

Building Schools for the Future – Readiness to Deliver Submission pdf icon PDF 93 KB

    Report of the Director of Children’s Services (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet agrees to the resources identified to support the programme.

     

    2.      That Cabinet delegates authority to submit the Brighton and Hove Readiness to Deliver document to the Director of Children’s Services in consultation with the Cabinet Member for CYPT and the Director of Finance and Resources.

    Minutes:

    72.1         The Cabinet considered a report of the Director of Children’s Services concerning the Council’s readiness to deliver submission for the Building Schools for the Future (BSF) programme (for copy see minute book).

     

    72.2         Opposition councillors praised officers for their work on the document and agreed that the Building Schools for the Future programme would provide an excellent opportunity to obtain investment into the city's schools.

     

    72.3         In response to a query from Councillor Mitchell, Councillor Brown explained that City College had use of the building in Wilson Avenue and that the Council was encouraging them to utilise it to its fullest extent.

     

    72.4         Following comments from Councillor Randall, Councillor Brown gave assurances that the Council was very conscious of the need to open schools up for use by the wider community.

     

    72.5         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That the resources identified to support the programme be agreed.

     

    (2)         That authority to submit the Brighton and Hove Readiness to Deliver document be delegated to the Director of Children’s Services in consultation with the Cabinet Member for CYPT and the Director of Finance and Resources.

73.

Targeted Budget Management (TBM) 2009/10 Month 4 pdf icon PDF 107 KB

    Report of the Director of Finance & Resources (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet notes the forecast outturn for the General Fund, Section 75 Partnerships and Housing Revenue Account (HRA) for 2008/09 as at month 4.

     

    2.      That Cabinet notes that further recovery measures will be identified by month 6 to achieve a balanced budget.

     

    3.      That Cabinet notes the forecast outturn position on the capital budgets as at month 4.

     

    4.      That Cabinet approves the changes to the capital budget as summarised in Appendix 3 and detailed in Appendices 4 – 6.

    Minutes:

    73.1         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 July 2009 (for copy see minute book).

     

    73.2         Councillor Mitchell expressed concern at the identification of a £3 million overspend across the Council's directorates and noted that further steps were required to tackle to situation.

     

    73.3         In response to questions from Councillor Mitchell the following comments were made:

     

    §         Councillor Young agreed to circulate details of the assets being marketed to achieve the level of capital receipts budgeted for, as well as details of vacant posts being held open across the Council.

     

    §         Councillor Brown reported that following the case of Baby P the Council had seen a 33% increase in the number of children with a child protection plan and 12% increase in the number of looked after children. While these numbers were difficult to control, thresholds had been tested and children were only taken into care when necessary; the Council had put a significant number of measures in place to help control costs.

     

    §         Councillor Norman maintained that while managing growth could be difficult, no changes would be made to assessment criteria for clients across the Adult Social Care directorate; the Council would be seeking to improve value for money across all services whilst still meeting the needs of clients.

     

    §         Councillor Theobald explained that it was important for the Council to defend the decision of its Planning Committee in relation to the Marina development and that while £250,000 had been set aside for this, it was impossible to estimate the total cost. The budget had been affected by a reduction in the number of large residential planning schemes as a result of the economic downturn, but Councillor Theobald was pleased to report that the income from parking was back up to capacity following a shortfall.

     

    §         Councillor Young confirmed that if a break even revenue outturn position did not materialise, financial support for the Building Schools for the Future programme would be factored into the next budget.

     

    73.4         RESOLVED - That, 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 4 be noted.

     

    (2)         That further recovery measures will be identified by month 6 to achieve a balanced budget.

     

    (3)         That the forecast outturn position on the capital budgets as at month 4 be noted.

     

    (4)         That the changes to the capital budget as summarised in Appendix 3 and detailed in Appendices 4 – 6 be approved.

74.

Pedestrian Network - Phase 2 pdf icon PDF 76 KB

    Report of the Director of Environment (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet notes the consultation results which indicate an overall support for the scheme as consulted.

     

    2.      That Cabinet approves commencement of detailed design and implementation of the scheme to include advertising the associated Traffic Regulation Orders and entry treatments under the Road Traffic Act 1984.

     

    3.      That Cabinet further approves the commencement of feasibility, design and consultation of a Phase 3 which will examine the potential of further measures in the East Street area. Members will be informed of the outcome of the consultation and findings will be brought back to a future Cabinet Member Meeting.

    Minutes:

    74.1         The Cabinet considered a report of the Director of Environment concerning the consultation results for Phase Two of the Pedestrian Network Improvement Scheme and requesting approval to begin implementation of the preferred scheme (for copy see minute book).

     

    74.2         Councillor Randall stated that he welcomed pedestrianisation in the city, but reported that cycle groups had expressed concern about the lack of provision for cyclists in this scheme as the area was part of the Sustrans Cycle Network.

     

    74.3         Councillor Mitchell requested that full pedestrianisation be considered for this scheme and added that this was favoured by traders in the area.

     

    74.4         Councillor Watkins welcomed the scheme, but added that the Council needed to do more to address the problems caused by the co-existence of pedestrians and cyclists.

     

    74.5         Councillor Theobald stated that more consultation would take place before the whole scheme was finalised, but that there was a need to proceed in phases; it would be difficult and take time to decide on the final scheme, but the proposals for Phase 2 did not prohibit consideration of the suggestions made by opposition councillors.

     

    74.6         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That the consultation results indicating an overall support for the scheme as consulted be noted.

     

    (2)         That commencement of detailed design and implementation of the scheme to include advertising the associated Traffic Regulation Orders and entry treatments under the Road Traffic Act 1984 be approved.

     

    (3)         That the commencement of feasibility, design and consultation of a Phase 3 which will examine the potential of further measures in the East Street area be approved. Members will be informed of the outcome of the consultation and findings will be brought back to a future Cabinet Member Meeting.

75.

A23 Sustainable Transport Corridor - Proposals for Phases 5 - 7 pdf icon PDF 79 KB

    Report of the Director of Environment (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet approves the proposals to improve access for cyclists and pedestrians along Phases 5 & 6 of the A23 STC and gives further approval to conduct public consultation with key stakeholders and residents in the affected area.  Members will be informed of the outcome of consultation and permission to proceed with the scheme will be sought at a future Cabinet or Cabinet Member Meeting.

     

    2.      That Cabinet authorises the preparation and advertisement of a Traffic Regulation Order following the results of the public consultation and subject to the agreement of the Cabinet or CMM to proceed.

    Minutes:

    75.1         The Cabinet considered a report of the Director of Environment seeking permission to begin consultation on proposals for Phases 5 & 6 of the A23 Sustainable Transport Corridor (STC) (for copy see minute book).

     

    75.2         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following amended recommendations:

     

    (1)         That the proposals to improve access for cyclists and pedestrians along Phases 5 & 6 of the A23 STC be approved and further approval be given to conduct public consultation with key stakeholders and residents in the affected area.  Members will be informed of the outcome of consultation and permission to proceed with the scheme will be sought at a future Cabinet or Cabinet Member Meeting.

     

    (2)         That the preparation and advertisement of a Traffic Regulation Order be authorised following the results of the public Consultation and subject to the agreement of the Cabinet or CMM to proceed.

76.

Shoreham Harbour Regeneration pdf icon PDF 107 KB

    Report of the Director of Culture & Enterprise (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet notes the progress of the project.

     

    2.      That Cabinet reaffirms the council’s commitment to the production together with Adur District Council and West Sussex County Council of a Joint Area Action Plan for Shoreham Harbour that will test the capacity of the harbour area and provide the planning framework to guide delivery over the next 20-30 years.

     

    3.      That Cabinet endorses the approach to investment in the key work strands subject to short term cashflow issues being resolved and an overall project review.

     

    4.      That Cabinet agrees in principle to establish a Joint Committee with ADC and WSCC to steer the project forward subject to terms of reference being agreed at a future Cabinet meeting.

    Minutes:

    76.1         The Cabinet considered a report of the Director of Culture & Enterprise updating Members on the Shoreham Harbour Regeneration project (for copy see minute book).

     

    76.2         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That the progress of the project be noted.

     

    (2)         That the council’s commitment to the production together with Adur District Council and West Sussex County Council of a Joint Area Action Plan for Shoreham Harbour that will test the capacity of the harbour area and provide the planning framework to guide delivery over the next 20-30 years be reaffirmed.

     

    (3)         That the approach to investment in the key work strands be endorsed subject to short term cashflow issues being resolved and an overall project review.

     

    (4)         That the establishment of a Joint Committee with ADC and WSCC to steer the project forward be agreed in principle subject to terms of reference being agreed at a future Cabinet meeting.

77.

Preston Barracks Development – Update and future arrangements pdf icon PDF 114 KB

    Report of the Director of Culture & Enterprise (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet notes the successful collaborative work to date and the progress that has been made in identifying opportunities for a revised scheme at Preston Barracks.

     

    2.      That Cabinet gives in principle support to ‘a Shared Vision’ of the city council and University of Brighton for a wider development opportunity on the Lewes Road involving city council and University land.

     

    3.      That Cabinet agrees the terms of reference/project objectives for taking forward the Preston Barracks Development as set out in paragraph 3.23.

     

    4.      That Cabinet supports continued partnership working between the city council, SEEDA and the University of Brighton to further explore the development potential.

     

    5.      That Cabinet agrees to the city council and University of Brighton entering into a simple procurement protocol agreement at this stage to cover the continued development of a joint scheme, with a further report to Cabinet prior to any longer term commitments.

     

    6.      That Cabinet agrees to the project management arrangements and decision making structure, including the creation of a new cross-party Project Board (as detailed in 3.26) and that each of the four main political groups be requested to nominate their representative to join the Project Board.

     

    7.      That Cabinet supports the planned next steps in taking the project forward, particularly the joint commissioning of an Urban Design study to examine development scenarios e.g. height, scale and massing.

    Minutes:

    77.1         The Cabinet considered a report of the Director of Culture & Enterprise updating Members on progress made on the development of a revised scheme for the former Preston Barracks site and advising of the planned next steps (for copy see minute book).

     

    77.2         Opposition councillors welcomed the revised scheme and agreed that the inclusion of student accommodation was appropriate, but needed to be progressed carefully to achieve the right development for the city; it was also important to continue including Members in the management of the project.

     

    77.3         The Chairman stated that this project showed that developers were still coming to the city and added that footfall had also held despite the economic climate.

     

    77.4         Councillor Kemble confirmed that the Council would be working closely with its partners to get the development for the site. He apologised for not contacting the existing project board before the report was published and confirmed that nominations for Members for the new project board would be requested from Group Leaders.

     

    77.5         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That the successful collaborative work to date and the progress that has been made in identifying opportunities for a revised scheme at Preston Barracks be noted.

     

    (2)         That in principle support be given to ‘a Shared Vision’ of the city council and University of Brighton for a wider development opportunity on the Lewes Road involving city council and University land.

     

    (3)         That the terms of reference/project objectives for taking forward the Preston Barracks Development as set out in paragraph 3.23 be agreed.

     

    (4)         That continued partnership working between the city council, SEEDA and the University of Brighton to further explore the development potential be supported.

     

    (5)         That the city council and University of Brighton enter into a simple procurement protocol agreement at this stage to cover the continued development of a joint scheme, with a further report to Cabinet prior to any longer term commitments.

     

    (6)         That the project management arrangements and decision making structure be agreed, including the creation of a new cross-party Project Board (as detailed in 3.26), and that each of the four main political groups be requested to nominate their representative to join the Project Board.

     

    (7)         That the planned next steps in taking the project forward, particularly the joint commissioning of an Urban Design study to examine development scenarios e.g. height, scale and massing, be supported.

78.

Use of General Consents to Lease Properties to Brighton & Hove Seaside Community Homes pdf icon PDF 99 KB

    Report of the Director of Adult Social Care & Housing (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet agrees  to consult with Housing Management Consultative Committee and Brighton & Hove Seaside Community Homes  on the use of general consent A5.4.1of the General Housing Consents 2005 to lease to Brighton and Hove Seaside Community Homes the 106 Housing Revenue Account (HRA) dwellings approved for leasing by Full Council on 9 October 2008 and such other Housing Revenue Account dwellings (up to a maximum of 499 in total, including  the 106 properties) within a five year period that satisfy the criteria previously agreed by Cabinet and Council.

     

    2.      That Cabinet notes that Cabinet and Council (24 September 2008 & 9 October 2008 respectively) delegated the power to make decisions on the inclusion of individual properties to the Director of Adult Social Care and Housing after consulting with the Cabinet Member for Housing.

     

    3.      That Cabinet confirms the powers already delegated and, for the avoidance of doubt authorises the Director of Adult Social Care and Housing, after consultation with the Cabinet Member for Housing, to take all steps necessary, incidental or conducive to the achievement and implementation of the proposals in 2.1 above.

     

    4.      That Cabinet agrees that the issue regarding funding options and any decision associated with that remain    delegated to the Cabinet Committee consisting of the Leader, the Cabinet Member for Housing and the Cabinet member for Finance.

    Minutes:

    78.1         The Cabinet considered a report of the Director of Adult Social Care & Housing seeking approval for consultation with the Housing Management Consultative Committee (HMCC) and Brighton & Hove Seaside Community Homes (the LDV) on exploring the potential use of an alternative means of achieving consent to lease up to 499 empty Housing Revenue Account (HRA) properties from Brighton & Hove City Council (BHCC) to Brighton & Hove Seaside Community Homes (BHSCH) (for copy see minute book).

     

    78.2         The Chairman was pleased to report that a funder for the project had been found since the agenda had been published and that the Director of Adult Social Care & Housing would make information available to all Groups.

     

    78.3         In response to questions from Councillor Mitchell the following comments were made:

     

    §         The alternative means of achieving the required consents were being twin-tracked with the original route; the Council was still awaiting response from the Secretary of State and it was important to pursue other options to meet tenant aspirations.

     

    §         Funding would be recalculated for financing the new route, but little change was expected.

     

    §         The identified funder would support either route and was being kept involved.

     

    §         There was sufficient demand from persons with a 'special need' for the alternative route to work, and it was not thought that this would restrict the LDVs activities.

     

    §         The Council was currently investigating the possibility of leasing properties to the LDV and then back to the Council through the new route.

     

    78.4         The Head of Law confirmed that as the full Council had already given consent to the application for the disposal of the properties; this was an executive function and therefore did not require approval by the full Council, but further decisions would come back to the Cabinet for consideration.

     

    78.5         Councillor Randall stated that if the proposals were successful there would be many benefits for tenants, but that it was vital that the Council was assured of the legal soundness of the alternative route.

     

    78.6         The Chairman stated that this was the only scheme that would be raising money to be reinvested into the housing stock and restated the importance of consulting tenants throughout the process. She added that the Council was eager for the issue of consents to be resolved.

     

    78.7         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That consultation takes place with the Housing Management Consultative Committee and Brighton & Hove Seaside Community Homes on the use of general consent A5.4.1of the General Housing Consents 2005 to lease to Brighton and Hove Seaside Community Homes the 106 Housing Revenue Account (HRA) dwellings approved for leasing by Full Council on 9 October 2008 and such other Housing Revenue Account dwellings (up to a maximum of 499 in total, including  the 106 properties) within a five year period that satisfy the criteria previously agreed by Cabinet and Council.

     

    (2)         That the delegation of power by Cabinet and Council (24 September 2008 & 9 October 2008 respectively) to make decisions on the inclusion of individual properties to the Director of Adult Social Care & Housing, in consultation with the Cabinet Member for Housing, be noted.

     

    (3)         That the powers already delegated be confirmed and, for the avoidance of doubt, the Director of Adult Social Care and Housing, after consultation with the Cabinet Member for Housing, be authorised to take all steps necessary, incidental or conducive, to the achievement and implementation of the proposals in 2.1 above.

     

    (4)         That it be agreed that the issue regarding funding options and any decision associated with that remain delegated to the Cabinet Committee consisting of the Leader, the Cabinet Member for Housing and the Cabinet member for Finance.

79.

Charter House Hotel - Disposal pdf icon PDF 76 KB

    Joint report of the Director of Finance & Resources and the Director of Culture and Enterprise (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet approves and authorises:

     

    (a)           The disposal of the Charter Hotel on a 150 year lease to a successful bidder for a premium and a peppercorn rent, following a marketing exercise, full evaluation of informal bids and recommendations by the council’s appointed agents.

     

    (b)           That once offers have been evaluated a further report will be prepared to enable Cabinet to consider the proposals, select a preferred developer and authorise the detailed terms to be settled by the Director of Finance & Resources and the Solicitor to the Council.

    Minutes:

    79.1         The Cabinet considered a joint report of the Director of Finance & Resources and the Director of Culture & Enterprise seeking approval for the disposal of the Charter House Hotel, 12-15A Kings Road on a 150 year lease to a successful bidder for a premium and a peppercorn rent (for copy see minute book).

     

    79.2         The Director of Finance & Resources confirmed that disposal via a 150 year lease was a standard approach, as the Council preferred not to dispose of freeholds.

     

    79.3         In response to queries from opposition councillors, Councillor Fallon-Khan gave assurance that all possible options for the building had been considered, but that the proposals in the report represented the best possible outcome for the Council given its state of repair; the building was repossessed in 2007 due to the failure of the tenant to keep it in a fit state.

     

    79.4         The Chairman pledged to take action to improve the appearance of the building in the short term and offered to provide Councillor Watkins with an update on the history of the building.

     

    79.5         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         The disposal of the Charter Hotel on a 150 year lease to a successful bidder for a premium and a peppercorn rent be approved and authorised, following a marketing exercise, full evaluation of informal bids and recommendations by the council’s appointed agents.

     

    (2)         That once offers have been evaluated a further report be prepared to enable Cabinet to consider the proposals, select a preferred developer and authorise the detailed terms to be settled by the Director of Finance & Resources and the Solicitor to the Council.

80.

New Historical Records Office and Resource Centre (The Keep) – Project update, funding arrangements and future delivery pdf icon PDF 116 KB

    Report of the Director of Culture & Enterprise (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet notes that whilst the bid to the Heritage Lottery Fund was unsuccessful, the partners’ subsequent exploration of reduced scheme options suggests a financially viable scheme is still achievable; a scheme considered capable of satisfying the original vision and objectives.

     

    2.      That Cabinet notes the joint Project Board’s selection of a preferred scheme option and the work now underway to complete a revised RIBA Stage C report (outline design).

     

    3.      That Cabinet confirms the city council’s commitment to ‘The Keep’ and supports continued partnership working with ESCC and the University of Sussex to further develop the project.

     

    4.      That Cabinet notes the current funding profile and approves the city council’s revised financial contribution of up to £508,000 (a sum within the originally agreed ‘in principle’ figure) towards the continued development of the scheme up to RIBA Stage D (detailed design).

     

    5.      That Cabinet grants authority for the preparation of appropriate legal documents to enable the project’s progression to Stage D (such documents to allow for proceeding further to Stage H but only subject to the city council’s agreement at the conclusion of Stage D.

     

    6.      That Cabinet delegates authority to enter into those legal documents to the Director of Culture & Enterprise in consultation with the Cabinet Member for Culture, Recreation & Tourism.

     

    7.      That Cabinet reconfirms ‘in principle’ agreement to the council’s longer-term funding commitment, to a maximum of £5.345m (inclusive of development funding shown in 2.4 above), to support the capital cost of delivering The Keep, with the final decision returning to Members at the conclusion of Stage D; currently anticipated in April 2010.

    Minutes:

    80.1         The Cabinet considered a report of the Director of Culture & Enterprise advising of progress made in delivering the New Historic Record Office & Resource Centre project (‘The Keep’) (for copy see minute book).

     

    80.2         The Director of Finance & Resources confirmed that funding for the Council’s contribution to the project would be borrowed and the revenue contribution required would be fed into to future budget requirements.

     

    80.3         The Chairman gave assurance that that the finances for the project would be monitored very carefully.

     

    80.4         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That it be noted that whilst the bid to the Heritage Lottery Fund was unsuccessful, the partners’ subsequent exploration of reduced scheme options suggests a financially viable scheme is still achievable; a scheme considered capable of satisfying the original vision and objectives.

     

    (2)         That Cabinet notes the joint Project Board’s selection of a preferred scheme option and the work now underway to complete a revised RIBA Stage C report (outline design).

     

    (3)         That the city council’s commitment to ‘The Keep’ and its support for continued partnership working with ESCC and the University of Sussex to further develop the project be confirmed.

     

    (4)         That the current funding profile be noted and the city council’s revised financial contribution of up to £508,000 (a sum within the originally agreed ‘in principle’ figure) towards the continued development of the scheme up to RIBA Stage D (detailed design) be approved.

     

    (5)         That authority be granted for the preparation of appropriate legal documents to enable the project’s progression to Stage D (such documents to allow for proceeding further to Stage H but only subject to the city council’s agreement at the conclusion of Stage D.

     

    (6)         That authority to enter into those legal documents be delegated to the Director of Culture & Enterprise in consultation with the Cabinet Member for Culture, Recreation & Tourism.

     

    (7)         That ‘in principle’ agreement to the council’s longer-term funding commitment, to a maximum of £5.345m (inclusive of development funding shown in 2.4 above), to support the capital cost of delivering The Keep, be reconfirmed, with the final decision returning to Members at the conclusion of Stage D; currently anticipated in April 2010.

81.

Corporate Procurement of Energy - Sub 100Kw Energy Contract pdf icon PDF 93 KB

    Report of the Director of Finance & Resources (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet gives approval for a tender exercise following the official journal of the European Union (OJEU) process to be undertaken and a contract awarded to the most competitive offer supplied from 100% renewable sources, following appraisal and recommendations from the council’s energy adviser and Energy & Water Manager.

     

    2.      That Cabinet grants delegated power to the Director of Finance & Resources to award the contract following consultation with the Cabinet Member for Central Services and take all other steps necessary for the implementation of the proposals.

    Minutes:

    81.1         The Cabinet considered a report of the Director of Finance & Resources concerning re-tendering of the Council’s sub 100Kw energy contract (for copy see minute book).

     

    81.2         Councillor Fallon-Khan assured opposition councillors that the Council remained committed to renewable energy and agreed that Members would be informed of the outcome of the tendering process.

     

    81.3         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That approval be given for a tender exercise following the official journal of the European Union (OJEU) process to be undertaken and a contract awarded to the most competitive offer supplied from 100% renewable sources, following appraisal and recommendations from the council’s energy adviser and Energy & Water Manager.

     

    (2)         That delegated power be granted to the Director of Finance & Resources to award the contract following consultation with the Cabinet Member for Central Services and take all other steps necessary for the implementation of the proposals.

82.

Corporate Procurement for Legionella Monitoring - Control, Prevention & Risk Management Services Contract for 2010-2015 (5 years) pdf icon PDF 93 KB

    Report of the Director of Finance & Resources (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet gives approval for the tendering of water treatment services contract for a five year contract, with the option to extend by a further 2 years at the council’s discretion, in accordance with the tendering timetable included at paragraph 3.9 to enable these services to commence on 1 April 2010.

     

    2.      That Cabinet delegates authority to the Director of Finance and Resources, in consultation with the Cabinet Member for Central Services, to award the contract to the successful bidder following evaluation and recommendations of the evaluation team.

    Minutes:

    82.1         The Cabinet considered a report of the Director of Finance & Resources concerning tendering for the provision of a Legionella Control, Prevention and Risk Management Service(for copy see minute book).

     

    82.2         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That approval be given for the tendering of water treatment services contract for a five year contract, with the option to extend by a further 2 years at the council’s discretion, in accordance with the tendering timetable included at paragraph 3.9 to enable these services to commence on 1 April 2010.

     

    (2)         That authority be delegated to the Director of Finance and Resources, in consultation with the Cabinet Member for Central Services, to award the contract to the successful bidder following evaluation and recommendations of the evaluation team.

83.

18 Wellington Road pdf icon PDF 92 KB

    Report of the Director of Adult Social Care & Housing (copy attached).

    Additional documents:

    Decision:

    1.      That Cabinet approves to the tendering of a support service at 18 Wellington Road to provide extra care and supported living accommodation for people with learning disabilities and those with physical disabilities.

    Minutes:

    83.1         The Cabinet considered a report of the Director of Adult Social Care & Housing concerning commissioning of a support service at 18 Wellington Road, Brighton, to provide extra care and supported living accommodation for people with learning disabilities and other adult social care client groups(for copy see minute book).

     

    83.2         The Chairman stated that it was important for the Council to work closely with the developer on providing the service to ensure that clients within the city

     

    83.3         In response to concerns from Councillor Randall, the Director of Adult Social Care & Housing confirmed that the service would be managed as three separate, but interlinked, schemes; all 3 schemes would be for clients with learning difficulties, but with specifically different needs. She added that the Council had good models in place in respect of tendered services and that any service would be robustly monitored and tested.

     

    83.4         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1)         That approval be given for the tendering of a support service at 18 Wellington Road to provide extra care and supported living accommodation for people with learning disabilities and those with physical disabilities.

84.

Charter House Hotel - Disposal

    Exempt Category 3.

     

    Joint report of the Director of Finance & Resources and the Director of Culture and Enterprise (copy circulated to Members only).

    Minutes:

    84.1         The Cabinet considered a joint report of the Director of Finance & Resources and the Director of Culture & Enterprise seeking approval for the disposal of the Charter House Hotel, 12-15A Kings Road on a 150 year lease to a successful bidder for a premium and a peppercorn rent (for copy see minute book).

     

    84.2         RESOLVED - That, having considered the information and the reasons set out in the report, the Cabinet accepted the recommendations as detailed in the Part Two confidential report.

85.

18 Wellington Road

86.

Part Two Items

    To consider whether or not any of the above items and the decisions thereon should remain exempt from disclosure to the press and public.

    Additional documents:

    Minutes:

    86.1         The Cabinet considered whether or not any of the above items should remain exempt from disclosure to the press and public.

     

    86.2         RESOLVED - That items 84 and 85, contained in Part Two of the agenda, remain exempt from disclosure to the press and public.

 


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