Agenda and minutes

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED –  That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

RESOLVED – That the public be excluded from the meeting during consideration of the following parts of the agenda designated as exempt on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:-

(a)  The appendix to the report referred to in Minute No. 109 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that the appendix details the cost estimate for constructing the arena based on the RIBA Stage D+ design and specifications and reviews the funding strategy for the development of the building.  It is considered that the public interest in maintaining this information as exempt outweighs the public interest in disclosing the information, as disclosure would prejudice the outcome of the procurement process for the appointment of the contractor to undertake the building works contract, as the contractor could structure their tender to match the Council’s cost estimate and hence the Council may not achieve full value for money in terms of the cost to the Council of developing the arena.

To identify items which have been admitted to the agenda by the Chair for consideration

(The special circumstances shall be specified in the minutes)

There were no late items as such, however, it was noted that supplementary information had been circulated to Board Members following the despatch of the agenda as follows:-

(a)  A revised set of recommendations in addition to supplementary information regarding attendance levels for Learning Disability Fulfilling Lives service provision, both of which were in respect of the item entitled, ‘Transforming Day Opportunities for Adults with Learning Disabilities’ (Minute No. 113 refers). 

(b)  Supplementary information in the form of a ‘Map Book’ document, which related to the item entitled, ‘Natural Resources and Waste Development Plan Document: Publication Draft’ (Minute No. 108 refers).

(c)  Supplementary information providing several points of clarification in respect of the submitted report from the viewpoint of the deputation to Council on 15^th September 2010, regarding local residents’ concern at access to Throstle Nest Villa, Horsforth (Minute No. 107 refers).

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct.

Councillors A Carter, Golton, Murray, Ogilvie, R Lewis and Blake all declared personal interests in the item relating to the future of Council Housing (Minute No. 111 refers), due to their respective positions as either a Board Director or an Area Panel member of an Arms Length Management Organisation (ALMO) or Belle Isle Tenant Management Organisation (BITMO).

A further declaration of interest was made at a later point in the meeting. (Minute No. 111 refers).

To confirm as a correct record the minutes of the meeting held on 13^th October 2010.

RESOLVED – That the minutes of the meeting held on 13^th October 2010 be approved as a correct record.

To consider the report of the Director of Resources providing information about the Government’s announcement on 20^th October 2010 in respect of its Spending Review, highlighting the implications for the Local Authority and detailing proposals for the development of the Council’s budget setting process, including the proposed delivery of a consultation exercise.

The Director of Resources submitted a report providing information about the Government’s announcement on 20^th October 2010 in respect of its Spending Review. The report highlighted the overall implications for Local Authorities and detailed proposals for the development of the Council’s budget setting process, including the proposed delivery of a consultation exercise.

RESOLVED –

(a)  That the details of the Spending Review, as detailed within the submitted report, be noted.

(b)  That the approach to stakeholder engagement and related budget timetables, as outlined within the submitted report and appendix, be approved, subject to the final review of the consultation document.

To consider the report of the Director of Resources providing a review and  update on the Treasury Management Strategy for 2010/2011 which was approved by Executive Board on 12^th February 2010.

The Director of Resources submitted a report providing a review of, and update on the Treasury Management Strategy for 2010/2011 which was approved by Executive Board on 12^th February 2010.

RESOLVED – That the update on the Treasury Management borrowing and investment strategy for 2010/2011 be noted.

To consider the report of the Director of Resources summarising the financial details of the 2010/2011 month 6 Capital Programme position. The report also seeks approval to transfer some schemes to the reserved Capital Programme, following the conclusion of the capital review and details the action being taken in respect of individual capital schemes to ensure that the overall level of the Capital Programme expenditure can be managed within the ever changing resource position.

The Director of Resources submitted a report summarising the financial details of the 2010/2011 month 6 Capital Programme position. In addition, the report also sought approval to transfer some schemes to the reserved Capital Programme, following the conclusion of the capital review and detailed the action being taken in respect of individual capital schemes to ensure that the overall level of the Capital Programme expenditure could be managed within the ever changing resource position.

Following Members’ comments, it was suggested that further consideration was given to the capital programme by the cross-party Member Working Group recently established to consider the Council’s budget setting process, with formal representations being made to the Secretary of State for the Department for Communities and Local Government on behalf of the Council in support of key investment decisions which were dependent upon further Government approval.

RESOLVED –

(a)  That the latest position on the general fund and Housing Revenue Account capital programmes be noted.

(b)  That the transfer to the reserved capital programme of those schemes classified as ‘red’ within Appendix B to the submitted report, be approved.

(c)  That further business cases be considered in relation to schemes classified as ‘amber’ within Appendix B to the submitted report.

(d)  That the transfer of £250,000 from the reserved to the funded programme in relation to the Kirkgate Market business support scheme be approved.

(e)  That an injection into the capital programme of £750,000 be agreed, and that authority be given to spend of £598,000 on the replacement of vehicles, the revenue cost of which is provided for within ALMO budgets. 

(f)  That authority be given to spend of £685,000 on equipment purchases within the Parks, Sport and Adult Social Care services.

(g)  That an injection into the capital programme and authority to spend of £208,200 for East Leeds Household Waste Site funded through a government grant of £188,200 and third party funding of £20,000 be agreed.  

(Under the provisions of Council Procedure Rule 16.5, Councillors A Carter and Golton respectively required it to be recorded that they abstained from voting on the decisions referred to within this minute).

To consider the report of the Director of Resources outlining the financial health position for 2010/2011 at the half way stage of the financial year. The report covers revenue expenditure and income projected to the year end, whilst highlighting other key financial indicators including Council Tax collection and the payment of creditors.

The Director of Resources submitted a report outlining the financial health position for 2010/2011 at the half way stage of the financial year. In addition, the report detailed revenue expenditure and income projected to the year end, whilst highlighting other key financial indicators including Council Tax collection and the payment of creditors.

Members discussed the budgetary pressures specifically within Adult Social Care, with reference being made to the closer working relationships required to be established with the NHS and other health service providers.

Having made reference to the costs incurred by Local Authorities in respect of court fees when obtaining court orders as part of Councils’ statutory duties, it was suggested that formal representations were made on this issue to the Secretary of State for Children, Schools and Families on behalf of this Council.

RESOLVED –

(a)  That the projected financial position of the authority after six months of the financial year be noted, and that Directorates be requested to continue to develop and implement action plans which are robust and which will deliver a balanced budget by the year end.

(b)  That further to (a) above, the actions which Directorates are currently taking, including using identified underspends to offset projected areas of overspend be noted.

(c)  That approval be given to the release of £733,000 from the Housing Revenue Account Reserve to fund the cost of a replacement Care Ring emergency alarm scheme, and the injection of the same amount into the Capital Programme.

(d)  That approval be given to the virements within Adult Social Care, as detailed within paragraph 3.4 of the submitted report.

To consider the report of the Assistant Chief Executive (Corporate Governance) seeking endorsement of the proposed responses to the consultation exercise undertaken in respect of the Licensing Act 2003 Statement of Licensing Policy and recommending to full Council the formal approval of the Policy.

The Assistant Chief Executive (Corporate Governance) submitted a report presenting the outcomes arising from the review and public consultation exercise undertaken in respect of the Licensing Act 2003 Statement of Licensing Policy 2011–2013and which invited the Board to recommend the formal approval of the Policy to full Council.

Following Members’ references regarding the current levels of access to alcohol in the city, officers undertook to provide the relevant Members with responses to their specific enquiries regarding the possible actions which could be taken to address issues relating to the operating hours of licensed premises, and the high concentration of such premises in certain areas. 

RESOLVED –

(a)  That the responses to the consultation undertaken and the Final Consultation Report, as detailed within Appendix 2 to the submitted report be noted, that the proposed responses to the consultation exercise be endorsed, and that full Council be recommended to approve such responses as the Council’s formal response to the matters raised during the consultation.

(b)  That the revised draft Statement of Licensing Policy, as set out within Appendix 1 to the submitted report be noted, and that full Council be recommended to approve this document as the final Policy under the Licensing Act 2003.

(c)  That the decisions detailed at (a) and (b) above be exempt from the provisions of Call In, due to being matters reserved to Council.

To consider the report of the Chief Democratic Services Officer providing a summary of the responses to Scrutiny Board recommendations received since the last Executive Board meeting.

The Chief Democratic Services Officer submitted a report providing a summary of the responses to Scrutiny Board recommendations received since the last Executive Board meeting.

RESOLVED – That the responses to the recommendations of the Scrutiny Board (Health), as detailed within the submitted report, be noted.

To consider the report of the Acting Director of City Development in response to the deputation to Council from Wetherby Town Council on 21^st April 2010.

The Acting Director of City Development submitted a report in response to the deputation to Council on 21^st April 2010 from Wetherby Town Council regarding support for the provision of a mini-roundabout at the junction of A661, Spofforth Hill and Linton Road.

RESOLVED –

(a)  That the contents of the submitted report be noted.

(b)  That the provision of a mini-roundabout at the junction of the A661, Spofforth Hill and Linton Road be supported in principle.

(c)  That the provision of £30,000 of the scheme costs from Highways and Transportation budgets be supported.

(d)  That agreement be given to the scheme being injected into the programme, subject to the remaining verbally agreed £25,000 of the costs which is coming from local funding being confirmed in writing.

To consider the report of the Chief Planning Officer in response to the deputation to Council from local residents to Throstle Nest Villa, Horsforth on 15^th September 2010.

The Chief Planning Officer submitted a report in response to the deputation to Council on 15^th September 2010 from local residents regarding their concerns in respect of access to Throstle Nest Villa, Horsforth.

Supplementary information providing several points of clarification from the viewpoint of the deputation in respect of the submitted report had been circulated to Board Members following the despatch of the agenda. 

RESOLVED – That the response to the deputation, as detailed within the submitted report, be noted.

To consider the report of the Acting Director of City Development on the approval and publication of the Leeds LDF Natural Resources and Waste Development Plan Document for the purposes of public participation and representation.

The Acting Director of City Development submitted a report presenting the Leeds Local Development Framework Natural Resources and Waste Development Plan Document for consideration and which invited the Board to consider the recommendation of the Development Plan Panel to approve the document for the purposes of publication and public participation.

A ‘Map Book’ which accompanied the Leeds Local Development Framework Natural Resources and Waste Development Plan Document had been circulated to Board Members in advance of the meeting for their consideration.

Following a brief discussion, Members received responses to their enquiries regarding the opportunities for the Council in terms of energy generation.

RESOLVED – That the recommendation of the Development Plan Panel be noted, and that approval be given to the Natural Resources & Waste Development Plan Document, together with the sustainability appraisal report and other relevant supporting documentation, for the purposes of publication and public participation.

To consider the report of the Acting Director of City Development providing an update on the progress made in pursuing the development of the arena at Clay Pit Lane, regarding proposals for a design and cost freeze at RIBA Stage D+ and seeking authorisation of related expenditure and letting of contracts.

The appendix to this report is designated as exempt under Access to Information Procedure Rule 10.4(3).

Further to Minute No. 228, 7^th April 2010, the Acting Director of City Development submitted a report providing an update on the progress made in pursuing the development of the arena at Clay Pit Lane, regarding proposals for a design and cost freeze at RIBA Stage D+ for the proposed development and seeking authorisation of related expenditure and letting of contracts.

Following consideration of the appendix to the submitted report, designated as exempt under Access to Information Procedure Rule 10.4(3), which was considered in private at the conclusion of the meeting, it was

RESOLVED –

(a)  That the progress made in pursuing the development of the arena at Clay Pit Lane, be noted.

(b)  That thedesign and cost freeze at RIBA Stage D+ for the proposed development of the arena at Clay Pit Lane, be approved.

(c)  That subject to the tender sum being within the project budget, authority be given to the letting of the contract to the preferred participating contractor (or the reserve contractor should the need arise) and the incurring of expenditure of £61,199,000 from existing budget provision (Capital Scheme No. 13307/COM/000) on the proposed development of the Leeds arena at Clay Pit Lane.

To consider the report of the Director of Environment and Neighbourhoods outlining the outcome of the consultation exercise undertaken in respect of the Dog Control Order implementation process and seeking approval to implement specified Dog Control Order Powers under the Clean Neighbourhoods and Environment Act 2005 with effect from 1st January 2011.

The Director of Environment and Neighbourhoods submitted a report outlining the outcome of the consultation exercise undertaken in respect of the Dog Control Order implementation process and which sought approval to implement specified Dog Control Order Powers under the Clean Neighbourhoods and Environment Act 2005 with effect from 1st January 2011.

RESOLVED –

(a)  That the proposals for Dog Control Orders, as contained within the submitted report, be approved, and that approval also be given to the project’s progression to Phase 2.

(b)  That the following prescribed Dog Control Orders be approved:-

·  Limit the number of dogs which can be walked by a person to 6;

·  Exclude dogs from the prescribed areas as listed within the submitted report;

·  Introduce the ‘dogs on leads by direction’ Order.

(c)  That Scrutiny Board (Environment and Neighbourhoods) be requested to monitor the enforcement of the Dog Control Orders established at (a) and (b) above, with an update report being submitted to Executive Board in due course.

(d)  That a further report be submitted to the Board regarding the potential role which could be played by Area Committees in the development and the enforcement of the Dog Control Orders.

To consider the report of the Director of Environment and Neighbourhoods providing an update on the progress made in respect of the Future of Council Housing Review and making recommendations regarding key reforms to the current system and a preferred model for Council house provision in Leeds.

Further to Minute No. 168, 14^th January 2009, the Director of Environment and Neighbourhoods submitted a report providing details of the outcomes from the Future of Council Housing Review, making recommendations both in relation to key reforms to the current system and also regarding a preferred model for Council house provision in Leeds, in addition to outlining proposals regarding a change in relationship between the Council and the ALMOs, with regard to pension liabilities.

With regard to the long term vision for the management of council housing provision in Leeds, the following options were outlined within the submitted report:-

1.  Returning the management of the stock to the Council;

2.  Transferring the ownership of the stock to a Housing Association, created for the purpose of the transfer;

3.  A mixed approach which could involve ALMOs, PFI, transfer and return to the Council parts of the stock;

4.  The continuation of an ALMO model.

RESOLVED –

(a)  That the continuation of the three ALMO model be supported.

(b)  That the establishment of the Strategic Governance Board and a Shared Services Centre, as set out within the submitted report, be agreed, subject to the addition of the Chair and the Chief Executive of Belle Isle Tenant Management Organisation (BITMO) to the membership of the Strategic Governance Board.

(c)  That the revisions to the Management Agreements and constitutions of the ALMOs, in order to reflect the role of the Strategic Board, be agreed.

(d)  That approval be given to phased implementation from 1^st April 2011, with work beginning immediately on the change programme.

(e)  That the proposals for the future arrangements regarding the provision of FRS17 in relation to the ALMOs be agreed.

(f)  That the transfer of ALMO cash reserves not identified to be used to sustain their business plans to the Housing Revenue Account be agreed.

(g)   That the Director of Environment and Neighbourhoods together with the ALMO Chief Executives, be required to bring a report back to the March 2011 Executive Board, outlining the progress towards implementation of the above recommendations and the savings both achieved and planned.

(Under the provisions of Council Procedure Rule 16.5, Councillor A Carter required it to be recorded that he abstained from voting on the decisions referred to within this minute).

(Councillor A Blackburn declared a personal interest in this item, due to her position as a Director of West North West Leeds Homes ALMO)

To consider the report of the Director of Adult Social Services in response to the deputation to Council from Unison Leeds Community Health on 15^th September 2010.

The Director of Adult Social Services submitted a report in response to the deputation to Council on 15^th September 2010 from Unison Leeds Community Health regarding NHS Leeds and Social Enterprise.

RESOLVED –

(a)  That the response to the Unison Leeds Community Health deputation to Council be noted.

(b)  That no further action be taken in respect of the request that Executive Board refer this matter to Health Scrutiny on the grounds that arrangements are in place for Scrutiny Board (Health) to consider plans for the re-organisation of community health services in Leeds at its meeting on 23rd November 2010.

(c)  That it be noted that the Leader of the Council has written to NHS Leeds confirming the Council’s support for Foundation Trust status for Leeds Community Healthcare based upon the integration of health and social care services.

To consider the report of the Director of Adult Social Services regarding proposals to accelerate the programme aimed at transforming the delivery of day services for adults with learning disabilities by Adult Social Care in Leeds.

Further to Minute No. 180, 14^th January 2009, the Director of Adult Social Services submitted a report regarding proposals to accelerate the programme aimed at transforming the delivery of day services for adults with learning disabilities by Adult Social Care in Leeds.

A revised set of the report’s recommendations in addition to supplementary information regarding attendance levels for Learning Disability Fulfilling Lives service provision had been circulated to Board Members following the despatch of the agenda, but in advance of the meeting. 

RESOLVED –

(a)  That the Board notes the progress made so far in the day services transformation programme, as approved by the Board in January 2009, particularly in relation to the successful reprovision of services at Moorend Fulfilling Lives Service and the next steps for West Ardsley by the end of 2011.

(b)  That the proposal to re-design the pattern of service provision to a maximum of two days per week for those who live in accommodation based services, be approved.

(c)  That the proposal to cease the delivery of day services from Horsforth and Wetherby by the end of 2011 and develop more local community based services in consultation with service users, their carers and a range of alternative service providers be noted, with a further report being provided to Executive Board in order to advise on the alternative community facilities to be used, prior to implementation. 

(d)  That the Board notes the further review of both Potternewton and Ramshead Wood scheduled for early 2012, in order to determine which day centre could be re-provided once current and future need has been determined, with the outcome of the review being reported to Executive Board.

(Under the provisions of Council Procedure Rule 16.5, Councillors A Carter and Golton respectively required it to be recorded that they abstained from voting on the decisions referred to within this minute).

To consider the report of the Director of Adult Social Services providing information on homecare service provision in Leeds, detailing plans to further develop these in line with the commissioning strategy approved by Executive Board in 2005, in addition to outlining national and local developments since that time, so that Adult Social Care is able to respond to the increasingly challenging financial climate, whilst continuing to provide high quality front line services.

Further to Minute No. 102, 21^st October 2005, the Director of Adult Social Services submitted a report providing information on the provision of homecare services and outlined plans to further develop such services in line with the commissioning strategy and both national and local developments. The report also detailed plans to establish a reablement service in Leeds, in order to promote independence and ensure users remained within their community whilst reducing their need for long term health and social care.

RESOLVED –

(a)  That the contents of the submitted report be noted, specifically in terms of:-

·  the plans and timescales for establishing a reablement service;

·  the proposals to further improve productivity and restructure the long-term in house homecare service;

·  the proposals to establish a partnership with Commercial Services for the future management of the long-term service.

(b)  That the Board notes a further report will be jointly produced by Adult Social Care and Commercial Services in July 2011, recommending the future strategic direction of the service, including options for the future provision of the long-term community support service.

DATE OF PUBLICATION:   5^TH NOVEMBER 2010

LAST DATE FOR CALL IN

OF ELIGIBLE DECISIONS:  12^TH NOVEMBER 2010  (5.00 P.M.)

(Scrutiny Support will notify Directors of any items called in by 12.00noon on 15^th November 2010).