Agenda Item 2__ CABINET Minutes of the meeting of the Cabinet held on Monday 12 November 2012 at the Council Offices, Holt Road, Cromer at 10.00am. Members Present: Mrs A Fitch-Tillett Mr T FitzPatrick Mr T Ivory Mr K Johnson (Chairman) Mr J Lee Mr W Northam Mr R Oliver Also attending: Mrs A Claussen-Reynolds Ms V Gay Mrs P Grove-Jones Mr P High Mr N Lloyd Ms B Palmer Mr E Seward Mr R Shepherd Mr B Smith Mr N Smith Mr D Young Officers in Attendance: Also in Attendance: 61. The Chief Executive, the Head of Finance, the Technical Accountant, the Estates and Valuation Manager, the Policy & performance Management Officer, the Coast and Community Partnerships Manager and the Sports and Leisure Services Manager The press APOLOGIES FOR ABSENCE None received 62. MINUTES The Minutes of the meeting held on 15 October 2012 were confirmed as a correct record and signed by the Chairman. 63. PUBLIC QUESTIONS None received 64. ITEMS OF URGENT BUSINESS The Leader informed Members that there was one item of urgent business. A request had been received from Holt Chamber of Trade asking the Council to consider the introduction of concessionary parking in the run-up to Christmas. The Chamber of Trade was encouraging traders to open on Sunday during December. Cabinet had discussed the request and it was proposed that 3 hours free parking was introduced on the 4 Sundays prior to Christmas. It was hoped that this would encourage local businesses to open on these Sundays and that residents would then shop locally. Mr T FitzPatrick, Portfolio Holder for Economic Development explained that 3 hours was considered to be a reasonable amount of time as it gave plenty of time for shoppers Cabinet 1 12 November 2012 to access local stores but did not provide enough time for people to park and then catch the train to Norwich. In response to a question from Mrs P Grove-Jones, he confirmed that the proposal would apply to all Council car parks across the District. 65. DECLARATIONS OF INTEREST None 66. COUNCIL TAX SUPPORT WORKING PARTY Mr G Jones, a former member of the Council Tax Support Working Party had made a request to amend the minutes of the meeting held on 15 August 2012. The Leader invited Mr W Northam, Chairman of the Working Party to comment on the amendment. He said that the minutes had been approved at the last meeting on 24th October. He explained that the proposal that Mr G Jones referred to in his amendment had not been dismissed as alleged but that they had agreed to defer consideration of it until after the consultation. Mr R Oliver and Mrs A ClaussenReynolds, members of the Council Tax Working Party agreed. RESOLVED that the minutes of the meeting of the Council Tax Support Working Party held on 15th August 2012 be received. 67. PLANNING POLICY AND BUILT HERITAGE WORKING PARTY Mr R Oliver, Portfolio Holder for Planning proposed that all the recommendations, except for Minute 24, Recommendation 5 be adopted. He proposed that recommendation 5 ‘ That a further report on potential buildings to be added to the Local List for Cromer be prepared’ be deferred until the peer review of the planning service had been completed. RESOLVED that The minutes of the meeting of the Planning Policy and Built Heritage Working Party held on 8th October 2012 be received and the following recommendations contained therein adopted as follows: MINUTE 24: CROMER CONSERVATION AREA MANAGEMENT PLAN 1. 2. 3. 4. To adopt the Cromer Conservation Area Management Plan for statutory planning purposes and for it to be a ‘material consideration’ in the planning process. To adopt the proposed boundary changes as recommended in the draft Appraisal document, with the exception of the former railhead (Morrison’s car park) and area around the Old Chapel, which should be retained within the Conservation Area, and that the resultant changes be publicised in accordance with the Planning (Listed Buildings & Conservation Areas) Act 1990. To endorse the preparation of a further report relating to the introduction of Article 4 Directions as and where necessary. That the buildings identified for Local Listing be formally recognised and recorded. To defer the following recommendation: Cabinet 2 12 November 2012 5. That a further report on potential buildings to be added to the Local List for Cromer be prepared MINUTE 25: WALSINGHAM CONSERVATION AREA APPRAISAL AND MANAGEMENT PROPOSALS 1. 2. 68. To approve the Draft Walsingham Conservation Area Character Appraisal and Management Proposals for public consultation purposes. That following consultation, the amended Walsingham Conservation Area Character Appraisal and Management Proposals be brought back to the Working Party for consideration and subsequent adoption by Cabinet. FINANCIAL STRATEGY 2013-14 Mr W Northam introduced this item. He explained that the report presented the current financial forecast for the period 2013/14 to 2015/16 and provided a summary of the key issues facing the Council in relation to Local Government finance. The current forecast presented a funding gap for the next 3 years of up to £1.7 million. Estimates had been made on the level of future funding, although there was still a great deal of uncertainty on the level of grant reductions that local authorities would be facing. Mr W Northam outlined three key areas that could have significant financial implications for the Council: 1. 2. 3. Changes to the financing of local government as the formula grant arrangements are dismantled The imminent introduction of a localised council tax support scheme The introduction of council tax reforms – which would give authorities new flexibilities on the level of discounts on second homes and empty dwellings Mr W Northam concluded by stating that the Strategy highlighted the necessity that the efficiency savings and adjustments identified in the various workstreams needed to be fully delivered. Members discussed the Financial Strategy: a) Ms V Gay sought clarification on the rules for vacant dwellings. The Chief Executive explained that currently vacant dwellings were exempt from council tax for 6 months. This would no longer be statutory and billing authorities would be allowed to charge up to 100% for such dwellings from day one. b) Mr E Seward commented that the real financial challenges for the Council were likely to occur the year after next. Mr W Northam agreed. He said that 2015-16 would be very difficult for the Council financially. c) Ms V Gay asked if the Council had made representations to central government regarding the challenges facing rural councils. The Leader replied that concerns had been raised with the local MP and central government. He added that he had mentioned the unfair impact of the localisation of council tax support on North Norfolk at a recent meeting at Downing Street. In response to a further question from Ms V Gay regarding whether a response had been received from Keith Simpson MP on the impact of council tax support, he said that he had not seen one. Mrs A Claussen-Reynolds confirmed that she had seen a letter from Keith Simpson on this matter. The Chief Executive reminded members that the Council were members of SPARSE (Spending Power Analysis for Rural Councils) and they were working with other local authorities on producing evidential work around the rural premium. She added that the £196,000 indicative sum from the Cabinet 3 12 November 2012 £100m transitional grant for council tax support had not been included within the Financial Strategy. It was proposed by Mr W Northam, seconded by Mr R Oliver and RESOLVED To note: 1) the current financial forecast for the period 2013/14 to 2015/16; 2) the current capital programme and capital funding forecasts; 3) the revised reserves statement as included at Appendix C to the report. Reason for the Decision: To ensure that Members are updated with the current financial position of the authority as further work on the detailed budget for 2013/14 is completed over the coming months. 69. HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2012/13 Mr W Northam introduced this item. He explained that in compliance with the CIPFA Code of Practice, the report provided information on the Treasury Management activities undertaken in the first six months of 2012/13. None of the Prudential Indicators had been breached and a prudent approach had been taken in relation to investment activity with priority being given to security and liquidity over yield. Mr W Northam thanked the Technical Accountant for his hard work and support during the year. It was proposed by Mr W Northam, seconded by Mr R Oliver and RECOMMENDED to Full Council That the Half Yearly Treasury Management Report for 2012/13 be approved. Reasons for the decision: The recommendation was made in compliance with the CIPFA Code. 70. BUDGET MONITORING REPORT 2012/13 – PERIOD 6 Mr W Northam introduced this item. He explained that the report summarised the budget monitoring position for the revenue account and capital programme to the end of September 2012. The overall position at the end of period 6 showed a forecast underspend of £23,552 for the current financial year on the revenue account. Mr W Northam thanked the Head of Finance for her support and hard work throughout the year. Members discussed the report: 1. Ms V Gay sought further information on the removal of the budget for community transport. She was particularly concerned about the future of this budget. The Chief Executive said that it had been funded by the Big Society Fund for the current year, from second homes income. This funding was for one year only and the intention was to wait for the outcome of a review of community transport Cabinet 4 12 November 2012 schemes which was being undertaken by a small working party which would report back to the Overview and Scrutiny Committee. The Chairman of the Overview and Scrutiny Committee added that it was important that the working party met as soon as possible. He added that Broadland District Council had recommended that funding for community transport should be ring-fenced. 2. Mr D Young commented on the amount of £30,000 net received for car parking penalty notices. He asked what the gross figure was and how it compared to previous years. The Head of Finance agreed to respond in writing. Mr W Northam added that the car parking contract with Borough Council of Kings Lynn and West Norfolk began in September 2010 – under the previous administration and would run for 5 years. It was proposed by Mr W Northam, seconded by Mr R Oliver and RESOLVED 1. To note the contents of the report and the current budget monitoring position 2. That new homes bonus of £40,000 be used to fund a Community Infrastructure Levy (CIL) Planning Policy Officer as outlined at section 2.3 of the report. Reasons for the decision: To update Members on the current budget monitoring position for the Council and approve additional capital budget as outlined in the report. 71. COMMUNITY ASSET TRANSFER POLICY Mr R Oliver introduced this item. He explained that following a consultation period on the draft policy and feedback from the Overview and Scrutiny Committee, an amended version had been reported to the Asset Management Board (AMB) and the Overview and Scrutiny Committee in September 2012. It was now being returned to Cabinet for approval to recommend the matter to Full Council for adoption. Members discussed the report: Mr D Young queried why unincorporated associations which were not registered as charities were excluded from longer leases. Mr T Ivory said that it was a legal issue. The assets of an unincorporated association belonged to its members. In the case of a charity, if it was dissolved then the assets would not revert to individual members as charitable law would apply. A shorter lease for unincorporated charities would ensure that the asset could quickly revert to the Council. It was proposed by Mr R Oliver, seconded by Mr T Ivory and RECOMMENDED TO FULL COUNCIL that Council adopts the Community Asset Transfer Policy. Reasons for the decision: To provide the Council with a clear framework and procedural guide to assist in it achieving a Corporate Plan ambition. Cabinet 5 12 November 2012 72. PERFORMANCE MANAGEMENT – DELIVERY OF ANNUAL ACTION PLAN 2012/13 QUARTER 2 The Leader introduced this item. He said that the report provided a mid-year review of the progress in delivering the Annual Action Plan 2012-13. He explained that the delivery of the Annual Action Plan was progressing well and that areas of concern were outlined within the report and details were given where action was being taken. Members discussed the report: 1. Ms V Gay asked why no loans or grants had been provided under the Coastal Pathfinder scheme as they had been made available to 90 businesses which had signed to the Pathfinder Business Advice project. The Portfolio Holder for coastal issues, Mrs A Fitch-Tillett said that some applications had been processed by the Norfolk Community Foundation (NCF) but the take-up was disappointing. From January 2013 the loans would become available to all businesses across the district so it was anticipated that the number of applications would increase. The Chief Executive added that the scheme would be reviewed to find out why it had not been attractive initially, particularly as take-up for the business health check was so popular. 2. Ms V Gay requested further information about £2.4m of funding which had been secured from the Local Economic Partnership Growing Places Fund for infrastructure investment at a site in North Walsham. She was interested in whether the funding was a loan and if so, what the terms were.. Mr S Blatch, Corporate Director, said that the New Anglia Partnership, with Suffolk County Council in the lead, had taken over from the previous Local Enterprise Partnership and no formal guidance had been issued regarding the terms of loans. A meeting was scheduled for the following week with Hopkins Homes and representatives from the LEP. Further consideration would need to be given as to whether the Council’s Planning Policy team should lead on the development brief. It was anticipated that a full report would be presented in January 2013. In answer to a further question from Ms V Gay on why an additional meeting was required, the Chief Executive said that the £2.4m loan was an incentive to bring the scheme forward and the meeting with the LEP was to explore ways to draw down the funding more quickly. It was important that the criteria to access the fund were discussed and that the scheme was attractive to potential partners. Ms V Gay requested that local members should be included in any future discussions. Mr E Seward agreed and asked that Hopkins Homes was made aware that the site was an eyesore within the town. 3. Mr E Seward commented on the schedule of stalled sites that was mentioned within the report. He requested that given the large number of such sites in North Walsham, that the schedule should be shared with Members. He also pointed out that there were very few developments in the district where s106 agreements had been secured. The Leader said that an agreement had recently been signed with Victory Housing Trust for a development on a brownfield site in North Walsham. It was proposed by Mr K Johnson, seconded by Mr W Northam and RESOLVED 1. to note the contents of the report 2. that the rate of take-up of new designated employment land (indicator J005) be reported on an annual basis instead of quarterly as originally agreed at Cabinet in May 2012. Cabinet 6 12 November 2012 73. NORTH WALSHAM DUAL USE SPORTS CENTRE Mr J Lee introduced the report. He explained that there had been a long-drawn out process in getting to this stage but he felt that there was now a way forward for the Dual Use Sports Centre (DUSC) in North Walsham and that the proposals would provide better value for money for the Council as they would only pay the school the additional costs incurred in having the school buildings open for community use. He said that the proposed improvement to the facilities, including the provision of a multiuse games area (MUGA) were an exciting opportunity for the town. He concluded by saying that the contracts for all the dual use sports centres were signed in 1986 and had not been reviewed since. Things had changed considerably in the intervening years and there was a need to review the leases for all three sports centres. Members discussed the proposals: a) Mr N Lloyd, local member for North Walsham North said that the proposals had upset many people in the town and that a lot of trust had been lost, which could make subsequent negotiations difficult. He added that the voluntary management committee had worked in partnership with the school for 25 years and had always exceeded their targets. He asked whether he could propose amendments to the recommendations. The Leader said that only Cabinet Members could do this but he agreed that Mr N Lloyd could outline his proposals. Mr N Lloyd said that North Walsham DUSC was one of three and should not be singled out. Any proposals should include all three sports centres and they should be considered together. If they were treated on an equal basis then there could be lower charges in the first year. He queried what would happen if the Council served notice on the school to end the current Dual Use Agreement and suggested that it would be preferable to give officers the power to vary the agreement rather than serve notice. He concluded by saying it was not clear what the future funding level would be. b) Mr E Seward. Local member for North Walsham North said that a key point in moving forward was the level of support that the sports centre would receive from the Council in the future in running the centre. c) Mr D Young queried the incentive to the school for keeping the facility open as they would only be receiving the actual running costs in the future. d) Mrs P Grove-Jones said that in Stalham, public use of the Dual Use Sports Centre was not promoted at all and this was something that could be reviewed. e) Ms V Gay said that a petition with over 1000 signatures had been submitted in relation to the Dual Use Sports Centre in North Walsham. There was general disquiet within the town about the way the proposals had been brought forward and the failure to consult with local people. The Leader invited Mr T Ivory to respond to all the comments. Mr Ivory said that the process had been very thorough and had included discussions with the voluntary management committee, school governors and local members. It had taken a long time to get to this stage and that was because the Council wanted to ensure that they had made the right decision. The report highlighted the difference between the charges levied at the three dual use sports centres and the premium paid by the Council to North Walsham High school in particular. He stressed that the proposals were not just about North Walsham but that this was the first to be addressed as the costs were disproportionately high but also because it had a very strong voluntary management committee in place and this was lacking in Cromer and Stalham. The opportunity for change had originally been presented when the school completed the Atrium and there were obvious synergies in combining its management with the dual use sports centre. Cabinet 7 12 November 2012 In response to the concern about serving notice on the school, Mr T Ivory said that this was not the intention. The Council were seeking constructive discussions with the school on how the public access to the DUSC could be maintained and they were hopeful of reaching an agreement. There was a need to reserve the right to serve notice but he was confident that it would not be necessary. Regarding future funding, Mr Ivory said that all options were on the table. It was in the interests of the school to reach an agreement as the funding would not continue on the current level. Mr Ivory concluded by saying that discussions and negotiations were moving forward and there needed to be a settlement that would work for everyone. It was proposed by Mr J Lee, seconded by Mr T Ivory and RESOLVED 1. That officers are authorised to negotiate and conclude variations to the Dual Use Agreement with the North Walsham High School to ensure that: a. The Council pays the school only for the additional costs incurred in having the school buildings open for community use b. The Council assumes overall responsibility for setting all fees and charges relating to the Dual Use Centre, in consultation with the Voluntary Management Committee 2. That, should it be necessary to serve Notice to vary the existing or enter into a new Agreement to be implemented by 1 April 2013, officers, with the agreement of the relevant portfolio members, are authorised to serve the required notice on the school to end the current Dual Use Agreement. 3. That officers are authorised to work with the Voluntary Management Committee to improve local management of the Dual Use Centre, including the setting up of a Community Sports Trust if this is feasible. 4. That improvements to the facilities, such as the provision of a MUGA at the Dual Use Centre, are explored further with the school. 5. That officers are authorised to negotiate and conclude variations to the Dual Use Agreements with Cromer Academy and Stalham High School as per recommendation 1 above. Reasons for the decision: To review the current arrangements for delivery of community sports facilities at this site and ensure that the Council’s future funding of the facility will deliver a wider package of community leisure activities within the school environment as well as affording the a financial saving for the Council. The Meeting closed at 11.01 am _______________ Chairman Cabinet 8 12 November 2012