Agenda and minutes

There were no questions from members of the public.

-        Chief Executive to report.

Councillor Hussain, Cabinet Member for Community Development and Engagement, introduced a report by the Chief Executive which detailed how the Local Democracy, Economic Development and Construction Act 2009 (c. 20) received Royal Assent on 12th November, 2009. Parts one to seven took forward the remaining legislative requirements from the White Paper “Strong and Prosperous Communities; and some of the legislative requirements from the White Paper “Communities in Control”. The Act also included some provisions that arose in the “Strengthening Local Democracy” consultation paper.

Part eight of the Act provided for amendments to the Housing Grants, Construction and Regeneration Act 1996.

This report related to the local government reform aspects contained in parts one to seven of the Act together with actions on commencement to be taken forward through the workstreams of the Council’s Local Government Reform Implementation Plan.

The report provided more indepth information on:-

·              Part 1 Duties relating to Promotion of Democracy – Sections 1 – 30.

o             Democratic Arrangements.

o             Petitions.

o             Involvement in Functions of Public Authorities.

o             Housing.

o             Local Freedoms and Honorary Titles.

o             Membership of Local Authorities.

·              Part 2 Local Authorities Governance and Audit – Sections 31 – 54.

o             Scrutiny.

o             Mutual Insurance.

o             Audit of Entities connected with Local Authorities.

·              Part 3 Local Government Boundary and Electoral Change – Sections 55 – 68.

·              Part 4 Local Authority Economic Assessments – Section 69.

·              Part 5 Regional Strategy – Sections 70 – 87.

·              Part 6 Economic Prosperity Boards and Combined Authorities – Sections 88 – 120.

·              Part 7 Multi Area Agreements – Sections 121 – 137.

·              Part 8 Construction Contracts – Sections 138 – 145.

·              Part 9 Final – Sections 146 – 150.

It was not possible at this stage to identify what resource implications may arise for the Council when all the provisions of the Act came into effect.

The financial effects assessed to arise at the time that the Bill was introduced to Parliament suggested that the costs associated with its implementation would be approximately £35 million per year in England starting in 2010/11.

Two Regulatory Impact Assessments were produced:-

·              Duty to Promote Democracy Impact Assessment: and

·              Local Authority Economic Assessment Duty Impact Assessment.

However, further functions have been introduced during the passage of the Bill. Additionally, the “Strengthening Local Democracy” consultation paper introduced proposals that related to the provisions in the Act. A separate Impact Assessment was produced for the consultation proposals.

Further work would need to be undertaken to identify the resource implications as part of developing the implementation of the new duties.

Many of the proposed changes were expected to commence in 2010 and the Government was already implementing transitional arrangements in relation to regional working and strategies. However, most of the provisions commenced on dates to be appointed by the Secretary of State.

Many of the proposed changes were expected to commence in 2010 and the Government was already implementing transitional arrangements in relation to regional working and strategies. However, most of the provisions commenced on dates to  ...  view the full minutes text for item 161.

-        Chief Executive to report.

The Leader introduced a report by the Chief Executive which detailed how the Government’s legislative programme for the 2009/10 parliamentary session was announced as part of the Queen’s Speech on the State Opening of Parliament on Wednesday, 18th November, 2009.

The report gave an overview of the proposed legislative measures that would impact on or were relevant to the Council.

Bills that have a direct relevance to the Council were summarised as part of the report and included:-

·              Child Poverty Bill.

·              Children, Schools and Families Bill.

·              Equality Bill.

·              Flood and Water Management Bill.

·              Personal Care at Home Bill.

It was not possible at this stage to identify what resource implications may arise for the Council should the provisions of the legislative process come effect.

The proposals that would have the most significant revenue financial implications were those set out in the Personal Care at Home Bill. These would affect both the Council’s Adult Social care budgets and the relationship with partner organisations involved in health and social care. Concerns have been raised by the Local Government Association and others following the publication on the Green Paper “Shaping the Future of Care Together”. The debate on this was continuing and was likely to be taken forward with the promise of a White Paper to be published in the near future.

There could be no certainty that all Bills in the 2009/10 session would be enacted. Those Bills that have not been enacted when Parliament was dissolved for the general election would fall.

Cabinet Members noted in particular the possibility of additional functions being the responsibility of the Council relating to child poverty and surface water drainage.

Resolved:-  (1)  That the proposed legislative measures that would impact on or were relevant to the Council be noted.

(2)  That further reports on specific legislative measures as appropriate be submitted to the Cabinet.

-        Chief Executive to report.

The Leader introduced a report by the Chief Executive which provided a mid year update on the 62 commitments outlined in the 2009/2010 year ahead statement “Shaping the Future”. The report focused on the progress of each individual commitment and also offered an overview of how many commitments have been achieved, how many were on target to be completed by the year end, how many were at risk of not being achieved by year end and finally how many would not be achieved by year end.

This process would assist in the continual improvement in aligning investment to achieve our vision.

There were many risks around non delivery of year ahead commitments including impact on achievement of corporate plan objectives, reputation and service delivery.  Risks would be mitigated by Directorates throughout the year.

Resolved:-  (1)  That the progress of the year ahead commitments (2009/20010) to date be noted.

(2)  That further reports be submitted to the Cabinet on the two “red” rated commitments (RCAT Development and LDF Core Strategy).

-        Strategic Director of Children and Young People’s Services to report.

Councillor S. Wright, Cabinet Member for Children and Young People’s Services, introduced a report by the Strategic Director of Children and Young People’s Services, which set out details of Lord Laming’s report, ‘The Protection of Children in England:  A Progress Report’ published on 12^th March 2009.  The Government published an immediate response in which it accepted all of Lord Laming’s recommendations. 

Rotherham Safeguarding Children Board and the Council’s Children and Young People’s Services completed an initial assessment of the borough’s position with regard to the recommendations and a report outlining the findings was presented to Members on 15th July, 2009 and the Children and Young People’s Board on 16th September, 2009.  Lead Members requested regular updates to track progress across the borough with an update being supplied on 30th October, 2009, and a report outlining the findings being presented to Rotherham Safeguarding Children Board (RSCB) on 11th September, 2009 and 4^th December, 2009.   Members present felt that the focus should be self assessment, with the Safeguarding Children Board remit being that of quality assurance. 

Rotherham Safeguarding Children Board Members from Social Care, Health, Police and Neighbourhood and Adult Services met on 27th October, 2009 and again on 21st December, 2009 to consider the report and update it accordingly.  It was agreed by Rotherham Safeguarding Children Board and the Council to monitor the action plan until the end of the financial year, at which point any outstanding actions would be highlighted to the appropriate agency or forum to proceed.  Members agreed an effective way forward is for partner agencies in Rotherham to undertake robust Section 11, Children Act, 2004 self assessments annually.  These self assessments would be collated by the Safeguarding Board and utilised to demonstrate compliance with safeguarding children and young people.

The attached action plan, therefore, focused on the RAG areas that were amber and/or red and was based on assessment of Rotherham’s current position.  The Rotherham Safeguarding Children Board Members have also made suggestions as to which group or agency needed to take forward the remaining issues. 

To date, the Government had not released any specific ring?fenced grants or additional budgets for implementation of the Laming recommendations.  Capacity for the Safeguarding Children Board with regard to the additional administrative time required was an issue that required consideration.

If the proposal for a robust annual self assessment under Section 11 was rolled out there was a need to commission a bespoke data base.  This would enable statutory agencies’ Chief Executives and Council Leaders to access relevant safeguarding data as required by their Inspectorates.

The Safeguarding Children Board via one of its sub groups would assess and monitor each agency’s self assessment.  This would provide evidence and assurance that agencies in Rotherham have a robust quality assurance framework..  The risks associated with non compliance of Section 11 and evidence to justify the same had the potential to be significant, as failure to address the issues identified were likely to render agency practice unsafe.

Resolved:-  (1)  ...  view the full minutes text for item 164.

-        Strategic Director of Children and Young People’s Services to report.

Councillor S. Wright, Cabinet Member for Children and Young People’s Services, introduced a report by the Strategic Director of Children and Young People’s Services, which set out details of the progress report that was discussed at the 14th December, 2009 Improvement Panel.  It would be revised to incorporate the additional areas identified in the DCSF Notice to Improve and also to follow the Every Child Matters Outcomes.

The DCSF have indicated they would provide an additional £100k maximum to support the work to the Improvement Panel.  Additional resource would be sought from the Yorkshire and Humber RIEP funding.

If the Council did not meet the targets set in the Notice to Improve it would remain in intervention for a longer period.  It was important the Council not only came out of intervention, but also increased the profile of inspected services which were good or better.  Currently this stood at 55.4% and needed to be at 65% or more.

Cabinet Members welcomed the input from Partners and the high quality of external support.

Consideration was given to the action plan in place.

Resolved:-  (1)  That the progress report be noted.

(2)  That monthly updates be submitted to the Cabinet for monitoring.

-        Strategic Director of Finance to report.

Councillor Wyatt, Cabinet Member for Resources, introduced a report by the Strategic Director of Finance, which provided details of the profiled expenditure for the Capital Programme for the financial years 2009/10 to 2011/12 for all currently approved schemes and sought Cabinet approval for the revised forecast programme for 2009/10.

The report also highlighted the impact of the current disposals programme.  The approved programme assumed receipts would be delivered over the three year period and where this was not achieved revisions to the capital programme would be required. 

Members would recall that it had been agreed that following a review of the terms of reference and membership of the Capital Strategy and Asset Review team the capital programme governance and prioritisation arrangements were now being actively reviewed. The outcomes from this work would be reflected in future monitoring reports and in the formulation of future years’ programmes to ensure that finite Council capital investment resources (unsupported, prudential borrowing and available capital receipts) were attributed to priority schemes in line with the Council’s investment ambitions and medium term financial plans.

The report set out in indepth detail information relating to:-

·              Capital Programme 2009/10 for each Directorate.

·              Highways Renewal and Improvement Works.

·              Waste Management Initiatives.

·              Improving Rotherham’s Gateways.

·              Asset Management and Infrastructure.

·              Minor Strategic & Planned Maintenance Investment.

·              Borough Regeneration.

·              Town Centre Renaissance.

·              Masterplan.

·              Corporation Street Enabling.

·              Westgate Demonstrator Project.

·              Flood Alleviation.

·              Magna and Dinnington Business Incubation Centres.

·              Other Economic Regeneration schemes.

·              Funding Sources.

·              Grants and Contributions.

·              Supported Borrowing.

·              Unsupported (Prudential) Borrowing.

·              Capital Rceipts.

·              General Fund.

·              Housing Revenue Account .

·              Major Repairs Allowance (MRA).

·              Revenue Contributions.

·              Capital Budget Setting Process 2010/11 to 2014/15.

The Capital Programme was funded through a number of sources; borrowing, both supported and unsupported (i.e. prudential borrowing), capital grants/contributions, major repairs allowance, revenue contributions and capital receipts.  Any uncertainty over the funding of the programme rested on confirmation that grants/contributions and capital receipts continued to be available in coming years.  As indicated above, the current economic climate meant that there was great uncertainty in the property market at present.  Where funding sources were volatile in nature the risks would be managed by reviewing and where necessary amending the programme.

It was noted that the Council would take action to supplement the highways budget having regard to the need following recent poor weather.

Recommended:-  That the revised programme for 2009/10 be approved.

-        Strategic Director of Environment and Development Services to report.

Councillor St. John, Cabinet Member for Cultural Services and Sport, introduced a report by the Strategic Director of Environment and Development Services, which provided an update on progress made in relation to the development proposal for the Herringthorpe Leisure site and sought a decision on the way forward.

The report set out example designs and plans, which outlined the potential cost of the proposed developments. Also included were indicative figures, produced by colleagues in the Valuation Team, Department of Asset Management, which might be achieved by way of potential capital receipt from the sale of the former Herringthorpe Nursery/Depot and Leisure Centre/all weather pitch.

It should be noted that at this stage the designs, plans and indicative figures were only provided as examples and should not be seen as representing any final position.

It was also important to note that a 6,500 name petition objecting to elements of the proposal was received by the Cabinet on 28th July, 2008 and a report responding to the petition was taken to Cabinet Member for Regeneration and Development Services on 1st September, 2008.  The petition was opposed to the element of the proposal that identified the sale of land for development.

Finance was critical to any decision to take this proposal forward for the various reasons and these were set out in detail as part of the report, along with the risk and uncertainties.

Cabinet Members welcomed these proposals to significantly improve the area whilst retaining the green spaces.

Resolved;-  (1)  That the proposal to improve the Herringthorpe Leisure site should be pursued.

(2)  That the potential capital receipt from the two identified development sites (Herringthorpe Nursery/depot and Herringthorpe Leisure Centre/all weather pitch), be used to support the proposed improvements at the Herringthorpe Leisure site.

(3)  That the Directors of Asset Management and Planning and Regeneration develop a strategy to maximise the potential capital receipt for the two development sites, including a determination of the type and scale of development and consideration of when to take the sites to the market.

(4)  That the Directors of Asset Management and Planning and Regeneration report back to the Cabinet once a strategy to market the development sites had been drafted.

(5)  That the Director of Culture and Leisure produce an information letter which could be used to inform interested parties of the steps that were being taken to move the proposal forward.

-        Strategic Director of Neighbourhoods and Adult Services to report.

Councillor Akhtar, Cabinet Member for Housing and Neighbourhoods, introduced a report by the Strategic Director of Neighbourhoods and Adult Services, which detailed how in November, 2007 a report was prepared and approved by Cabinet to delegate certain functions of the Council under the Consumer Credit Act, 1974 to the Executive of Birmingham City Council in order to take advantage of expertise and funding located with the illegal money lending process based in Birmingham City Council. At the time, this authorisation was only based on the period for which central Government funding was available which was until the end of March, 2009.

Since that time, the funding had been extended up until the end of March, 2011 and this report sought to address the issue of delegation beyond March, 2009 and ensure that the work already carried out in the Rotherham area was continued while funding was available.

It was proposed that a new protocol be signed along the lines of the original one with an open ended term. The current protocol already contained a clause which allowed the Council to withdraw, provided there were reasonable grounds for doing so.

The proposal was approved by the Cabinet Member for Neighbourhoods on 20th April, 2009.

Following discussions with Birmingham City Council, the protocol had been amended slightly to the extent that the delegation be made to Birmingham City Council rather than to the Executive of Birmingham City Council.  This amendment has been approved by Legal Services.

No new financial considerations for the Council arose from this report. The costs associated with the work of the team would be met by Birmingham City Council who would reclaim these from HM Treasury via the Department for Business Enterprise and Regulatory Reform.

Being involved with the illegal money lending process also opens up an access route for financial benefits, e.g. supporting credit unions and debt advice.

In order to ensure that all investigations, prosecutions and associated costs were properly authorised and accounted for, it was essential that authority be given to the illegal money lending process in accordance with this report and attached protocol.

Failure to do this would limit the opportunity to prevent, deter and detect illegal money lending in Rotherham.

(1)  Recommended:-  That certain functions of the Council under the Consumer Credit Act 1974 be delegated to Birmingham City Council in the following terms:

“without prejudice to Rotherham Borough Council’s duty in its capacity as an enforcement authority to enforce the provisions of the Consumer Credit Act 1974, the functions conferred upon Rotherham Borough Council under Parts iii (licensing of credit and hire business) and Part xii (enforcement of act) of the 1974 Act be delegated to Birmingham City Council for the period commencing on 1st  April 2009 and continuing for the life of the Birmingham Illegal Money Lending staff or until Rotherham Borough Council withdraws.”

(2) Resolved:-   That the ‘protocol for illegal money lending team investigations’ be approved and the Director of Housing and Neighbourhood Services be authorised to  ...  view the full minutes text for item 168.

-        Strategic Director of Environment and Development Services to report.

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation, introduced the minutes of the Local Development Framework Members’ Steering Group held on 11^th December, 2009.

Resolved: That the minutes of the Local Development Framework Members’ Steering Group held on 11^th December, 2009 be received.

-        Strategic Director of Financial Services to report.

Councillor Wyatt, Cabinet Member for Resources, introduced a report by the Strategic Director of Finance, which detailed how in September, 2008 the Council updated its ICT Strategy to cover the period 2008 – 2011. This report, therefore, set out the progress currently being made against the implementation plan.

Also included was a RAG (Red, Amber and Green) status against each action and a commentary outlining progress to date. Ongoing progress against the implementation plan was monitored through the e-Government Board and reported to the Strategic Leadership Team, Cabinet and Performance and Scrutiny Overview Committee as appropriate. 

The Capital Programme to support the ICT Strategy was approved by Cabinet at the same time as the Strategy in June, 2008. The total approved budget to support the ICT Strategy over the period 2006 – 2011 was £18,717,631.

At the mid-point of the 2008 to 2011 strategy it was estimated that there would be a net under spend of £21,754 by 31st March, 2011.

Delivery of the ICT Strategy was a critical element in ensuring the Council transformed its services for the benefit of customers, businesses, Members and staff in order to improve information management, business continuity and the customer experience.

Cabinet Members welcomed the new Council website and the excellent feedback received from users.

Cabinet Members also welcomed the extensive investment being made in new technology to develop better services to the customer.

Resolved:-  (1)  That the progress on implementation of the ICT Strategy be noted.

(2)  That the update report be referred to the Performance and Scrutiny Overview Committee for information.

-        Strategic Director of Finance to report.

Councillor Wyatt, Cabinet Member for Resources, introduced a report by the Strategic Director of Finance, which provided details of the calculation of the Authority’s proposed Council Tax base for the 2010/11 financial year.  In accordance with the regulations governing its calculation it was determined that the tax base for the financial year 2010/11 be 75,071.21 Band D Equivalent properties.

The Council Tax Base was derived from the total number of properties within the Council’s area as at the 15th September, 2009, which, in the opinion of the Listing Officer, were subject to Council Tax, but must reflect several changes and adjustments both prior to April, 2010 and during the forthcoming 2010/11  financial year.

After allowing for the additions, discounts and reliefs the estimated property base was converted into Band D Equivalent properties, giving a total of 77,393.00 Band D Equivalents. The appendix to this report provided details of the total for both parished and non-parished areas. 

It was recommended that an adjustment of 3% should be made to the tax base in respect of non-collection, giving a total of 75,071.21 Band D equivalents.  The result of applying the 97% collection rate to the Band D Equivalents for each of the parishes within the Borough and for the Borough as a whole was shown in the final column of the Appendix to the report with the Tax Base for the Council as a whole (both parished and unparished areas) made up as follows:-

The tax base had increased by just under 297 properties or 0.4% compared to 2009/10, most of this increase, 202.34 properties related to the unparished areas of the borough (the rise in parished areas was 0.27% or 94.50 Band D equivalent properties) and reflected new building in the town centre and Moorgate areas following regeneration work.  

There were no direct costs arising from this report, however, determining the Council Tax Base was a fundamental part of determining the level of Council Tax set, which was a significant element of the Council’s resources for the coming financial year.

As the Council Tax base must be set by the 31st January, 2010, it contained projections in respect of the additions, adjustments, discounts and reliefs to be granted before the 31st March, 2010 and during 2010/11.

Resolved:-  (1)  That the report be approved.

(2)  That the amount calculated by Rotherham Metropolitan Borough Council as its Council Tax Base and those of the Parish Councils shown at Appendix A in the report now submitted for 2010/11 shall be a total of 75,071.21 Band D equivalent properties.

-        Strategic Director of Finance to report.

Councillor Akhtar, Cabinet Member for Housing and Neighbourhoods, presented a report by the Strategic Director of Neighbourhoods and Adult Services, which set out the proposed housing rent, garage rent and heating charge increases for 2010/11.

The national rent setting regime had been in place since 2002/03 which required all authorities to use a prescribed formula to calculate each tenant’s rent and to apply annual increases to actual rents to achieve the Formula Rent.  This formula for 2010/11 produced an average rent increase for Rotherham tenants of 2.91%, however, for 2010/11, the DCLG had set a national guideline rent increase of 3.1%.

The average rent for 2009/10 was £56.88 collected over 48 weeks: the proposed 2010/11 average weekly rent collected over 48 weeks would rise to £58.54, an increase of £1.66 per week.

The Garage Site Improvement Programme had received £100,000 investment in 2009/10 with substantial works having been carried out in 2008/09.  It was proposed to increase the rents by 2.91% in line with the rent increase.

In accordance with a previous decision, the District Heating Strategy was a phased increase over three years to achieve full recovery of district heating costs thereby avoiding any shortfall being effectively funded by all Council house tenants.  It was proposed to increase payments in 2010/11 from between 5% for three bed properties to 15% for two bed properties. 

The Wardens Service was currently subject to a full service review with any potential new charges likely to be implemented in or around June, 2010.  Current rates would continue until the outcomes of the review were confirmed.

(1)  Recommended:-   (a)  That the average rent increase by 2.91% based on the DCLG subsidy and rent proposals which result in an average increase of £1.66 to £58.54 per week when collected over 48 weeks.

(b)  That garage rents be increased by 2.91% in 2010/11.

(c)  That the unit rate for District Heating be increased from 5.25p per kWh to 5.93p per kWh (an increase of 12.95%) in order to recover the costs of the District Heating Service.

(d)  That pre-payments in 2010/11 be increased from between 5% for 3 bed properties to 15% for 2 bed properties.

(e) That the proposed charges relating to the properties at Beeversleigh and Tickhill Road be increased by approximately 12%.

(2)  Resolved:-  That a review take place of heating charges in those units where there have been regular breakdowns of the heating systems.

(Cabinet Members declared personal interests on the basis of either being a Council tenant or related/associated with a Council tenant)

-        Strategic Director of Neighbourhoods and Adult Services to report.

Councillor Doyle, Cabinet Member for Health and Social Care, introduced a report by the Strategic Director of Neighbourhoods and Adult Services, which summarised the result and findings of the 2008 Social Care Annual Performance Assessment (process for Rotherham conducted by the Care Quality Commission which was published on the 3rd December, 2009.

Care Quality Commission have assessed the quality of services as a Grade 4: ‘Performing Excellently’, where ‘people who used services found that services delivered well above minimum requirements’ and that this was ‘a service that overall delivered well above minimum requirements for people, was highly cost–effective and fully contributed to the achievement of wider outcomes for the community’. 

This result recognised the outstanding step change improvements made within adult social care over the last three years and the report provided more indepth information.

The report showed the progress in relation to commissioning and financial management. The grading achieved was based upon the delivery of highly cost-effective services which fully contributed to the achievement of wider outcomes for the community. 

The main risk was that the Council did not continue to improve services and this may lead to a deterioration in service quality and in the annual assessment ratings. A business meeting had been held with the Care Quality Commission on the 20th November, 2009 and they expect the Council to continually strive to deliver excellent services within the resources available.

The Directorate’s Service Plan and Sustaining Excellence Plan showed how this risk would be mitigated and had a strategic objective to improve the performance of services which were believed were not yet achieving the standards of the very best.  Progress against these actions were monitored and reported monthly to the Directorate Management Team and through updates to the Chief Executive as part of our Year Ahead Commitments.

The Directorate would also be approaching this year’s budget setting process with a focus on delivering savings for the Council, but ensuring that the Council sustained its ‘performing excellently’ rating and achieving an improvement in one outcome area which was currently rated as ‘performing well’.

Resolved:-  (1)  That the outcome of the assessment be noted.

(2)  That the ‘Sustaining Excellence Plan’ put in place to improve the areas for development identified within the report be noted.

(3)  That this report be shared with the Council’s external auditors (KPMG), which was also a requirement of the Care Quality Commission.

(4)  That everyone involved be thanked for their hard work in achieving this excellent result.

-        Strategic Director of Environment and Development Services to report.

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation, introduced a report by the Strategic Director of Environment and Development Services, which sought approval to apply for planning permission and to continue with the detailed design of the proposed Waverley Link Road.

Preparation costs were being funded from Local Transport Plan allocations as detailed in the report to the former Cabinet Member for Economic Regeneration and Development Services of 6th February, 2006.

The implementation of the Waverley Link Road Major Scheme was dependent on continuing financial support from the Department for Transport, securing planning permission and confirmation of Orders through statutory processes.

Cabinet Members welcomed the support of Sheffield City Council to this significant development.

Resolved:-  (1)  That, subject to the Department for Transport granting Programme Entry, a planning application be submitted for the Waverley Link Road.

(2)  That the detailed design of the Waverley Link Road continue in accordance with the preliminary drawing as detailed in Appendix 1.

-        Chief Executive to report.

Councillor Sharman, Deputy Leader, introduced the minutes of the Members’ Training and Development Panel held on 17^th December, 2009.

Resolved:- That the minutes of the Members’ Training and Development Panel held on 17^th December, 2009 be received.

-        Strategic Director of Environment and Development Services to report.

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation, introduced a report by the Strategic Director of Environment and Development Services, which sought approval to exchange the former Masbrough Centre, Devonshire Street, Masbrough owned by the Council with the former Wheatley Road Clinic, Duke Street, Kimberworth Park owned by NHS Rotherham.

Details on each of the buildings and their potential uses was set out in the report.

The exchange of assets, which had been determined by an independent chartered surveyor as fair and equitable, shall not require any additional sums of money to be paid by the Council. The Council and NHS Rotherham would be responsible for its own legal and surveyors fees in dealing with the exchange should this proceed.

Following the assembly of this residential/mixed use development site, a capital receipt of approximately £390,000 could be realised, subject to the clearance of the site.

There was the potential risk that if Wheatley Road Clinic was not acquired by the Council, then it could be leased or disposed by the NHS Rotherham for a use that potentially could conflict with the Council’s current operation of Kimberworth Park Library.

There was the potential risk that whilst Wheatley Road Clinic remained vacant and it was currently a target for anti-social behaviour, it would continue to affect the security of the adjoining Kimberworth Park Library.

Failure to acquire Wheatley Road Clinic could jeopardise the potential for the future development of the Council owned site at Wheatley Road and potentially reduce its overall capital value on development.

There was also the risk that due to the design and location of the Masbrough Centre, it may be difficult to dispose of the property on the open market, which in turn would increase maintenance and long term security costs.

Resolved:-  (1)  That the exchange of assets on the basis set out in this report be approved.

(2)  That the Director of Asset Management negotiate the terms of the exchange  and the Assistant Chief Executive (Legal and Democratic Services) complete the necessary documentation.

The following items are likely to be considered in the absence of the press and public as being exempt under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular individual (including the Council)):-

Resolved, that under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act.

-        Strategic Director of Children and Young People’s Services to report.

Councillor S. Wright, Cabinet Member for Children and Young People’s Services, introduced a report by the Strategic Director of Children and Young People’s Services, which requested support for the Outline Business Case for the Building Schools for the Future Project, the main points of which were summarised in the report relating to:-

·              The Project.

·              Value for Money.

·              Affordability.

·              Readiness to Deliver.

·              Leading and Managing Change.

·               

The legal and financial information and risks and uncertainties associated with this project were set out in detail as part of the report, including the funding gap.

(1) Resolved:-  That the Outline Business Case for the Building Schools for the Future Project be supported and that it be submitted on 26th January, 2010.  This was subject to PfS approval of additional external funding being awarded to reflect current funding market conditions.

(2) Recommended:-  That the Programme Director – BSF be delegated powers to negotiate on behalf of the Council over the whole period from OJEU publication up to and including Financial Close and that the Principal Officer (Legal) be delegated powers to authorise related legal documentation.

-        Strategic Director of Neighbourhoods and Adult Services to report.

Councillor Akhtar, Cabinet Member for Housing and Neighbourhoods, introduced a joint report by the Strategic Directors of Environment and Development Services and Neighbourhoods and Adult Services, which detailed how the Garage Site Review identified the St Witholds Avenue, Thurcroft garage site as being unsustainable in its present use. The review recommended that the site be decommissioned to support the delivery of new affordable housing.

Funding from the Homes and Communities Agency’s Affordable Housing programme had been allocated to support the development of four new affordable homes on the site. This funding was targeted for registered social landlord lead affordable housing development. The funding could not be used to deliver new Council housing.

This report provided detail on the proposed housing scheme at the site and requested approval for the freehold disposal of the site for this purpose.

The legal and financial information and risks and uncertainties associated with this disposal were set out in detail as part of the report.

Resolved;-  That the disposal of the garage site at St. Witholds Avenue, Thurcroft be approved.

-        Strategic Director, Environment and Development Services, to report.

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation, introduced a report by the Strategic Director of Environment and Development Services, which updated the position with negotiations that have taken place with a Developer under the Lot 3 OJEU procedure, which commenced in 2006 and the proposal to redevelop the former Civic sites including Crinoline House, Norfolk House and the Library and Arts Centre.

The legal and financial information and risks and uncertainties associated with this disposal were set out in detail as part of the report.

Resolved:-  (1)  That the proposed disposal of the properties be approved in principle as detailed on the basis of the Heads of Terms described in the report;

(2)  That Officers be authorised to instruct solicitors to prepare and negotiate the Development Agreement and Agreement for Lease for the proposed disposal.

(3)  That it be noted that resolutions (1) and (2) were precedent upon agreement between the Council and TCN agreeing a viable solution for the development of Lot 2 (New Cultural Quarter).

-        Chief Executive to report.

Councillor R. S. Russell, Cabinet Member for Streetpride, introduced a report by the Chief Executive, which gave an update on the transfer of employees to the Council from Ringway Ltd, following the TUPE transfer on 1st January, 2010.

The legal and financial information and risks and uncertainties associated with this project were set out in detail as part of the report.

Recommended:-  (1)  That approval be given to terminate the contracts of employment of twenty one employees and offer immediate re-engagement on new contracts of employment.

(2)  That the terms and conditions of the remaining staff who transferred from Ringway Ltd to Rotherham MBC be harmonised.