Agenda and minutes

To identify items where resolutions may be moved to exclude the public

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 the view of the nature of the business to be transacted or the nature of proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:

(a)  Appendices 1 and 2 of the report referred to in minute 153 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that publication could prejudice the City  Council’s commercial interests as, both the Appendix and Final Business Case include matters where final negotiations on the Contract are not yet complete, and these negotiations are confidential between the City Council, the LEP and Environments for Learning (E4L). In addition both the Appendix and Final Business Case contain sensitive commercial information supplied to the City Council by the LEP and E4L.  In these circumstances it is considered that the public interest in not disclosing this commercial information outweighs the public interests of disclosure.

(b)  Appendix 1 to the report referred to in minute 157 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that publication could prejudice the City Council’s commercial interests as, both the Appendix and the Final Business Case include matters where final negotiations on the Contract are not yet complete, and these negotiations are confidential between the City Council and the Preferred Bidder.  In addition both the Appendix and the Final Business Case contain sensitive commercial information supplied to the City Council by the Preferred Bidder.  In these circumstances it is considered that the public interest in not disclosing this commercial information outweighs the interests of disclosure.

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

Councillor Brett declared a personal interest in the item relating to ‘Putting People First’ – Vision and Commitment to the Transformation of Adult Social Care (Minute 156) as a member of the Burmantofts Senior Action Management Committee

To confirm as a correct record the minutes of the meeting held on 19^th December 2007.

RESOLVED – That the minutes of the meeting held on 19^th December 2007 be approved.

To consider the report of the Director of Environment and Neighbourhoods on the proposed injection of £750,000 and proposed scheme expenditure in the same amount to meet the additional demand for mandatory Disabled Facilities Grants for private sector and housing association disabled residents in Leeds during 2007/8.

The Director of Environment and Neighbourhoods submitted a report on the proposed injection of £750,000 and proposed scheme expenditure in the same amount to meet the additional demand for mandatory Disabled Facilities Grants for private sector and housing association disabled residents in Leeds during 2007/08.

Following an announcement on 14^th January 2008 from the Communities and Local Government Office giving additional grant approval of £530,000 an amended report to reflect this fact had been circulated subsequent to the agenda despatch.

RESOLVED –

(a)  That £220,000 be injected into the Capital Programme from the Capital Programme contingency fund.

(b)  That £530,000 be injected into the Capital Programme from additional Communities and Local Government Office grant funding announced on 14^th January 2008.

(c)  That scheme expenditure to the amount of £750,000 be authorised.

(d)  That the Director of Environment and Neighbourhoods report back on progress of the scheme.

To consider the joint report of the Director of Environment and Neighbourhoods and the Director of adult Social Care on a recent finding of maladministration and injustice in a report issued by the Local Government Ombudsman where the needs of a disabled customer for property adaptation were not dealt with in a timely manner.

The Director of Environment and Neighbourhoods and the Director of Adult Social Care submitted a joint report on a recent finding of maladministration and injustice in a report issued by the Local Government Ombudsman where the needs of a disabled customer for property adaptation were not dealt with in a timely manner.

RESOLVED –

(a)  That the Ombudsman’s report and findings and the Council’s response be received and noted.

(b)  That the fundamental changes to procedure and policy resulting from the complaint be noted.

(c)  That a further report be brought to this Board on the operation of the Appeal Panel after the first twelve months of its operation.

To consider the report of the Chief Executive of Education Leeds on the detailed arrangements with regard to the changed relationship with the Local Education Authority following the formation of the Garforth Schools Trust.

The Chief Executive of Education Leeds submitted a  report on the detailed arrangements with regard to the changed relationship with the Local Education Authority following the formation of the Garforth Schools Trust.

RESOLVED –

(a)  That the implications of the formation of the Garforth Schools Trust, associated  staff transfer arrangements and proposals to formalise the Asset Transfer Agreement be noted.

(b)  That approval be given to the proposal that Leeds City Council continue to provide buildings, contents, employer’s liability and other insurance on behalf of the schools (including covering any excess) and recharge the cost of premiums accordingly.

To consider the report of the Chief Executive of Education Leeds on the injection of the capital grant funding for the BSF programme as described in the ICT Strategic Partner Procurement Final Business case and on additional funding secured from the national BSF programme to allow existing PFI secondary schools to access equivalent ICT funding. 

The Chief Executive of Education Leeds submitted a report on the injection of the capital grant funding for the BSF programme as described in the ICT Strategic Partner Procurement Final Business Case and on additional funding secured from the national BSF programme to allow existing PFI secondary schools to access equivalent ICT funding.

RESOLVED –

(a)  That the progress made since the appointment of the ICT Strategic Partner be noted.

(b)  That approval be given to the injection of £23,877,000 BSF ICT Capital Grant funding for the 14 secondary schools being rebuilt or substantially refurbished as part of Wave 1 of the BSF programme in Leeds into capital scheme number 12137/000/000 and that expenditure of the same be authorised.

(c)  That approval be given to the injection of £12,410,600 BSF ICT Capital grant funding for the existing 8 PFI secondary schools into capital scheme number 14133/000/000 and that expenditure of the same be authorised.

To consider the report of the Deputy Chief Executive on the proposed Final Business Case and arrangements to secure the provision of a new school for West Leeds and Wortley under Phase 2 of the Council’s Wave 1 of the Building Schools for the Future programme financed through the Government’s Private Finance Initiative.

Appendices 1 and 2 to this report are designated as exempt under Access to Information Procedure Rule 10.4 (3)

The Deputy Chief Executive submitted a report on the proposed Final Business Case and arrangements to secure the provision of a new school for West Leeds and Wortley (‘the Project’) under  Phase 2 of the Council’s Wave 1 of the Building Schools for the Future programme financed through the Government’s Private Finance Initiative.

It was reported at the meeting that approval of the Outline Business Case was still awaited.

Following consideration of appendices 1 and 2 to the report designated as exempt under Access to Information Procedure Rule10.4(3), which was considered in private at the conclusion of the meeting it was:

RESOLVED –

(a)  That approval be given to the submission of the Final Business Case to the Department for Children, Schools and Families and to Partnerships for Schools. The Final Business Case covers the new school for West Leeds and Wortley, as part of Phase 2 of the City Council’s BSF Wave 1 programme financed through the Government’s Private Finance Initiative.

(b)  That approval be given to the financial implications for the Council of entering into the Project and that the maximum affordability ceiling for the City Council in relation to the PFI contract of £3,973,000 as set out in Appendix 1 to the report, be agreed.

(c)  That approval be given to the arrangements to Financial Close and implementation of the Project to include (but not by way of limitation) the award/entry into a PFI Project Agreement to a special purpose company to be established under terms agreed between the City Council and the Leeds Local Education Partnership (LEP); and in connection therewith, the Deputy Chief Executive (or in  his absence the Director of Resources) be authorised to make any necessary amendments to the Final Business Case, and give final approval to the completion of the Project, including (but not by way of limitation) the terms of the following:

  i  The Project Agreement

  ii  The Funders Direct Agreement

  iii  The Pensions Admission Agreement

  iv  Arrangements to appoint an independent certifier to assess the quality of the contractors’ work

  v  Appropriate collateral warranties and

  vi  Governing body agreement with the Temporary Governing Body of the new school for West Leeds and Wortley

  Together with any other documentation ancillary or additional to the above necessary for the completion of the Project (‘Project Documents’) subject to

  (A)  DCSF approval of the Final Business Case

  (B)  The Deputy Chief Executive (or in his absence the Director of Resources) being satisfied that the Project remains within the affordability constraints set out in Appendix 1 to the report

  (C)  Receipt of a report satisfactory to the Deputy Chief Executive (or in his absence the Director of Resources) from the Council’s external legal advisers, as described in paragraph 5.4 of the report

  (D)  The Director of Resources (or in his absence the Chief Officer – Financial Management’s) assessment on the balance sheet treatment in relation to the PFI contract as set out in paragraph 4 of Appendix 1 to the report

(d)  ...  view the full minutes text for item 153.

To consider the report of the Chief Executive of Education Leeds on the outcome of the proposal to close St Gregory’s Catholic Primary School in August 2008, referred by the Board to the Schools Adjudicator for determination.

Further to minute 64 of the meeting held on 11^th September 2007 the Chief Executive of Education Leeds submitted a report on the outcome of the proposal to close St Gregory’s Catholic Primary School in August 2008, referred by the Board to the Schools Adjudicator for determination.

RESOLVED – That the Adjudicator’s decision to approve the proposal to discontinue St Gregory’s Catholic Primary School in August 2008 be noted.

To consider the report of the Chief Executive of Education Leeds on the proposed process of consultation with identified stakeholders to determine a framework of protocols against which Expressions of Interest for Academies in Leeds will be evaluated.

The Chief Executive of Education Leeds submitted a report on the proposed process of consultation with identified stakeholders to determine a framework of protocols against which Expressions of Interest for Academies in Leeds will be evaluated.

RESOLVED –

(a)  That Education Leeds carry out the consultation on the protocol framework.

(b)  That further reports be brought to this Board outlining the outcome of consultation and Expressions of Interest in joining the Alliance and sponsoring any Academies in Leeds.

To consider the report of the Director of Adult Social Services summarising the content of a recently published document on the future development of Adult Social Care services, the regulatory framework through which the performance of local authorities will be judged in order to demonstrate a customer orientation to the delivery of those services and on work and proposed work to be undertaken in Leeds

The Director of Adult Social Services submitted a report summarising the content of a recently published document on the future development of Adult Social Care services, the regulatory framework through which the performance of local authorities will be judged in order to demonstrate a customer orientation to the delivery of those services and on work and proposed work to be undertaken in Leeds.

RESOLVED –

(a)  That the principles and direction contained in the protocol ‘Putting People First – Vision and Commitment to the Transformation of Adult Social Care’ be endorsed.

(b)  That the proposals to involve Elected Members through information, seminar, Executive Member leadership, cross party discussion and regular reporting to the Health and Adult Social Care Scrutiny Board be approved.

(c)  That the themes and framework for the inspection of Social Care Services and informal notification of a Service Inspection in 2008/09 be noted.

(d)  That the allocation of a Social Care Reform Grant be noted and that the Director of Adult Social Services in liaison with the Director of Resources develops an action plan incorporating the conditions of the grant.

(e)  That following the Government’s recently published documents, a further report be prepared in respect of service implications for people with a learning disability.

To consider the report of the Deputy Chief Executive on the proposed Final Business Case and arrangements under the Council’s Independent Living PFI Project to secure the building and maintenance of 75 properties with 343 bed spaces in the form of new independent living accommodation for adults with learning disability and mental health needs.

Appendix 1 to this report is designated as exempt under Access to Information Procedure Rule 10.4 (3).

The Deputy Chief Executive submitted a report on the proposed Final Business Case and arrangements under the Council’s Independent Living PFI Project (‘the Project’) to secure the building and maintenance of 75 properties with 343 bed spaces in the form of new independent living accommodation for adults with learning disability and mental health needs.

Following consideration of appendix 1 to the 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 approval be given to the submission of the Final Business Case to the Department for Communities and Local Government (DCLG), Department for Health (DoH) and the Department for Children, Schools and Families (DCSF).

(b)  That the submission of this report and subsequent minutes to DCLG, DoH and DCSF be approved.

(c)  That the financial implications for the Council of entering into the Project be approved and that the maximum affordability ceiling for the City Council of £5,113,000 as set out in appendix 1 to the report be agreed.

(d)  That approval be given to the arrangements to Financial Close and implementation of the Project to include (but not by way of limitation) the award/entry into a PFI Project Agreement to a special purpose company to be established by the Leeds Independent Living Accommodation Company Consortium (LiLAC); and in connection therewith the Deputy Chief Executive (or in his absence the Director of Resources) be authorised to give final approval to the completion of the Project, including (but not by way of limitation) the terms of the following:

  i  The Project Agreement

  ii  The Funders Direct Agreement

  iii  The Pensions Admission Agreement

iv  Arrangements to appoint an independent certifier to assess the quality of the contractors’ work

v  Appropriate collateral warranties

together with any other documentation ancillary or additional to the above necessary for the completion of the Project (‘Project Documents’) subject to

  (A)  DCLG, DoH and DCSF approval of the Final Business Case

(B)  The Deputy Chief Executive (or in his absence the Director of Resources) being satisfied that the Project remains within the affordability constraint set out in (b) above.

(C)  Receipt of a report satisfactory to the Deputy Chief Executive (or in his absence the Director of Resources) from the Council’s external legal advisers, as described in paragraph 5.4 of the report

(D)  The Director of Resources (or in his absence the Chief Officer – Financial Management’s) assessment on the balance sheet treatment in relation to the PFI contract.

(e)  That the Director of Resources, as the statutory officer under section 151 of the Local  Government Act 1972, or in his absence the Chief Officer – Financial Management, be authorised to sign any necessary certificates under the Local Government (Contracts) Act 1997 in relation to the Project

(f)  That, in respect of certification under (e) above and subject to the advice of the Assistant Chief Executive (Corporate Governance), a contractual  ...  view the full minutes text for item 157.

To consider the report of the Director of Resources providing an assessment of how well each Directorate is progressing in implementing and embedding risk management arrangements across the authority, based on the information collated from each Directorate and on a proposed revised Risk Management Policy.

The Director of Resources submitted a report providing an assessment of how well each Directorate is progressing in implementing and embedding risk management arrangements across the authority, based on the information collated from each Directorate and on a proposed revised Risk Management Policy.

RESOLVED –

(a)  That the report and progress made in implementing and embedding risk management within the culture of the Council be noted.

(b)  That the revised Risk Management Policy on Risk Management be approved.

(c)  That the Director of Resources be authorised to revise the policy.

To consider the report of the Director of City Development seeking approval to consult on the Preferred Options for the West Leeds Gateway Area Action Plan.

The Director of City Development submitted a report seeking approval to consult on the Preferred Options for the West Leeds Gateway Area Action Plan.

RESOLVED – That the West Leeds Gateway Area Action Plan Preferred Options be approved for publication together with its Sustainability Appraisal Summary Report and other supporting documents and that representations be formally invited between 26^th February and 8^th April 2008.

To consider the report of the Director of City Development seeking approval for the implementation of bus priority measures, pedestrian & cycling facilities, road safety improvements and traffic management measures as part of an integrated scheme on Chapeltown Road and Sheepscar Interchange.

The Director of City Development submitted a report seeking approval for the implementation of bus priority measures, pedestrian and cycling facilities, road safety improvements and traffic management measures as part of an integrated scheme on Chapeltown Road and Sheepscar Interchange.

RESOLVED –

(a)  That the Chapeltown Road Integrated Transport Corridor proposal as shown on drawing numbers 760248/100/001 and 760248/010/101A at an estimated total cost of £745,000 be approved.

(b)  That expenditure of £580,000 comprising £520,000 works costs and £60,000 staff costs for supervision be approved. (These costs being met from the Integrated Transport Scheme 99609 within the approved Capital Programme and being eligible for 100% Government funding.)

(c)  That the previous approval of staff costs of £165,000 to be met from the Integrated Transport Scheme 99609 within the approved Capital Programme be noted.

DATE OF PUBLICATION:  25^TH JANUARY 2008

LAST DATE FOR CALL IN:  1^ST FEBRUARY 2008 (5.00 PM)

(Scrutiny Support will notify Directors of any items called in by 12 noon on Monday 4^th February 2008)