Agenda, decisions and minutes

Executive - Wednesday, 29th September, 2010 7.00 pm

Venue: Committee Room 2 Town Hall. View directions

Contact: Ivor Westmore  01527 64252 (Extn. 3269)

Items
No. Item

76.

Apologies

To receive the apologies of any Member who is unable to attend this meeting.

Decision:

There were no apologies for absence.

Minutes:

There were no apologies for absence.

 

77.

Declarations of Interest

To invite Councillors to declare any interests they may have in items on the agenda.

Decision:

Councillor Peter Anderson declared an interest in Item 9 (Arrow Valley Countryside Centre – Contractual Arrangements) as detailed separately at Minute 84 below.

Minutes:

Councillor Peter Anderson declared an interest in Item 9 (Arrow Valley Countryside Centre – Contractual Arrangements) as detailed separately at Minute 84 below.

 

78.

Leader's Announcements

1.         To give notice of any items for future meetings or for the Forward Plan, including any scheduled for this meeting, but now carried forward or deleted; and

 

2          any other relevant announcements.

 

(Oral report)

Decision:

The Chair advised that the following items of business, scheduled on the Forward Plan to be dealt with at this meeting, had been rescheduled to a later meeting:

 

  • Town Centre Landscape Improvements; and
  • Update on Garden Waste Collection.

 

The Chair also advised that she had accepted the following matter as urgent business:

 

Item 8 – Pitcheroak Golf Course – Referral from the Overview and Scrutiny Committee.

 

(Not meeting the publication deadline as the Overview and Scrutiny meeting post-dated the agenda despatch)

Minutes:

The Chair advised that the following items of business, scheduled on the Forward Plan to be dealt with at this meeting, had been rescheduled to a later meeting:

 

  • Town Centre Landscape Improvements; and
  • Update on Garden Waste Collection.

 

The Chair also advised that she had accepted the following matter as urgent business:

 

Item 8 – Pitcheroak Golf Course – Referral from the Overview and Scrutiny Committee.

 

(Not meeting the publication deadline as the Overview and Scrutiny meeting post-dated the agenda despatch)

 

79.

Minutes

To confirm as a correct record the minutes of the meeting of the Executive Committee held on the 8th September 2010.

 

(Minutes attached)

Decision:

RESOLVED that

 

the minutes of the meeting of the Executive Committee held on 8th September 2010 be confirmed as a correct record and signed by the Chair, subject to it being noted under Minute number 69 that Councillor Taylor had declared an interest in view of her personal connection to that organisation and not because she was a Member of the Board of Redditch Co-operative Homes.

Minutes:

RESOLVED that

 

the minutes of the meeting of the Executive Committee held on 8th September 2010 be confirmed as a correct record and signed by the Chair, subject to it being noted under Minute number 69 that Councillor Taylor had declared an interest in view of her personal connection to that organisation and not because she was a Member of the Board of Redditch Co-operative Homes.

 

80.

Worcestershire Joint County and District Council's Scrutiny Report Summer Floods 2007 and other Land Drainage Matters

To consider and approve the recommendations forwarded by the Joint Worcestershire Scrutiny into Flooding Task and Finish Group in February 2009 and any additional suggestions since proposed by relevant Officers from Redditch Borough Council regarding the practical and financial implications of these recommendations for the Council.

 

(Report attached – Appendices available via the Council’s Website and as a hard copy in Group Rooms)

Decision:

RESOLVED that

 

1)         the Council’s response to the Joint County and District Councils’ Scrutiny Report into the Summer Floods 2007 be approved, including additional comments by Officers listed in the report submitted;

 

2)         the Council’s policies on ditches be initially applied to Arterial Ditches only;

 

3)         the Council notes its position in the light of the Flood Risk Regulations 2009 and the Flood Water Management Act 2010, subject to the Commencement Orders; and

 

4)         a report be prepared by Officers, as previously instructed by Members, setting out proposals for a joint North WorcestershireLand Drainage Partnership in accordance with the above guidance.

 

(Members noted that the Council’s Operations Manager was attending the two day Flood Management 2010 conference on behalf of the Borough and County)

Minutes:

The Committee received a presentation updating it on progress with regard to the Joint Scrutiny Report into the 2007 floods and other land drainage strategies. The Members were reminded that Redditch had been in a significantly better position than many other Worcestershire Districts at the time of the 2007 floods as the Borough’s records were far more advanced and complete than was the case in other districts. It was noted that progress in respect of more recent legislation could not be made at present as guidance and Commencement Orders were still to be received from central Government.

 

The Committee commended the Operations Manager on his expertise in this field and stressed the tremendous benefit he had brought to the Borough through his work on drainage over a number of years. Members noted that the Council’s Operations Manager was attending the two day Flood Management 2010 conference on behalf of the Borough and County.

 

RESOLVED that

 

1)         the Council’s response to the Joint County and District Councils’ Scrutiny Report into the Summer Floods 2007 be approved, including additional comments by Officers listed in the report submitted;

 

2)         the Council’s policies on ditches be initially applied to Arterial Ditches only;

 

3)         the Council notes its position in the light of the Flood Risk Regulations 2009 and the Flood Water Management Act 2010, subject to the Commencement Orders; and

 

4)         a report be prepared by Officers, as previously instructed by Members, setting out proposals for a joint North WorcestershireLand Drainage Partnership in accordance with the above guidance.

 

81.

Sub-Regional Choice Based Lettings

To consider the Council joining a Sub-Regional Choice Based Lettings Scheme.

 

(Report and referral report from the Overview and Scrutiny Committee attached)

Decision:

RESOLVED that

 

1)         the report be noted;

 

2)         the decision to join the Home Choice Plus be delayed until the outcome of the legal review into the scheme is known, but Officer resources be committed to continue to work alongside the existing members of the Sub-Regional Partnership and a further report brought back to the Committee to report progress and make further recommendations; and

 

3)         the Borough Tenants’ Panel be provided with the opportunity to consider and comment upon the Sub-Regional Housing Allocations Policy report.

Minutes:

The Committee considered a report that sought the views of Members on how the Council should proceed in respect of its Housing Allocations Policy. The options presented to Members were either to continue with its current Policy and Redditch Home Choice scheme or continue to work alongside members of the sub-regional partnership with the option of adopting the common sub-regional Housing Allocations Policy and lettings scheme.

 

Officers highlighted the legal review of the sub-regional scheme that was being undertaken which would influence the Council’s choice as to whether to consider adopting this scheme. The other significant issue in this regard was the inclusion within the present Redditch scheme of the priority given to those with medical, homelessness or other special needs which was not a feature of the sub-regional scheme. It was noted, however, that the sub-regional scheme did make use of digital technology which expanded the means and ease by which prospective tenants could bid for local properties.

 

The Committee was made aware of the recommendations of the Overview and Scrutiny Committee which had received a presentation on this subject the previous week. Contrary to that recommendation, the Executive Committee considered that there was nothing to be lost and potentially something to be gained from continuing to work with sub-regional partners whilst not committing to a particular course of action at this stage.

 

RESOLVED that

 

1)         the report be noted;

 

2)         the decision to join the Home Choice Plus be delayed until the outcome of the legal review into the scheme is known, but Officer resources be committed to continue to work alongside the existing members of the Sub-Regional Partnership and a further report brought back to the Committee to report progress and make further recommendations; and

 

3)         the Borough Tenants’ Panel be provided with the opportunity to consider and comment upon the Sub-Regional Housing Allocations Policy report.

 

82.

Administration of Small Charities by the Council

To consider a report on the future administration of the Stanley, Skinner and Swann charities.

 

(Report attached)

 

Decision:

RECOMMENDED that

 

1)         the administration of the Stanley, John Jordan Skinner and Caroline Swann Charities be transferred to the Worcestershire Community Foundation;

 

2)         Mr Colin Evans, Trust Transfer expert of the Community Foundation for Greater Manchester, be appointed to effect the transfer; and

 

3)         the sum of £129.62 in the Redditch Disaster Fund be transferred to the Mayor’s Charity.

Minutes:

A report was received which put before Members the option of transferring the administration of three small charities to the Worcestershire Community Foundation. Officers confirmed that, having sought further information on the benefit that had accrued to Redditch through the Community Foundation, it was apparent that a considerable number of grants had been made to organisations in the Borough during recent times.

 

RECOMMENDED that

 

1)         the administration of the Stanley, John Jordan Skinner and Caroline Swann Charities be transferred to the Worcestershire Community Foundation;

 

2)         Mr Colin Evans, Trust Transfer expert of the Community Foundation for Greater Manchester, be appointed to effect the transfer; and

 

3)         the sum of £129.62 in the Redditch Disaster Fund be transferred to the Mayor’s Charity.

 

83.

Management Options Appraisal for Pitcheroak Golf Course

To consider a review of the operation of Pitcheroak Golf Course over the previous 18 months and the options for future provision.

 

(Report attached)

 

Decision:

RECOMMENDED that

 

1)         the arrangement with the Worcestershire Golf Partnership be extended for a further 12 month period to work up a medium/long term operating solution, with negotiations commencing immediately; and

 

RESOLVED that

 

2)         a service review of the non golf related elements of the operation be undertaken; and

 

3)         the report be noted.

 

(The referral report from the Overview and Scrutiny Committee had been accepted as a matter of Urgent Business –not having met the publication deadline – and was considered at the meeting as such, with the approval of the Chair, in accordance with the Council’s constitutional rules and the powers vested in the Chair by virtue of Section 100 (B) (4) (b) of the Local Government Act 1972 to agree to matters of urgency being discussed by reason of special circumstances.

 

In this case the special circumstances were that the Overview and Scrutiny Committee meeting post-dated the agenda despatch and the referral report needed to be considered at the present meeting to have any bearing on the decision-making process in respect of this matter.)

Minutes:

Officers reported that the present 18 month operating arrangement with the Worcestershire Golf Partnership was near its end and updated Members on  the performance of the Partnership to date.

 

The Committee was informed that the Partnership had done a good job with the course, increasing membership at a time when memberships nationally were falling and, in particular, achieving a very significant increase in the numbers of junior members and younger (under 30 years of age) members. These increases had come against a backdrop of inclement weather both in the summer and winter time which served to emphasise the good performance of the Partnership.

 

Members were advised that the Partnership was generally not in the business of running golf courses and this was the first occasion on which they had undertaken a venture of this nature. The Partnership was seeking a further 12 month extension to the current arrangement in order that the benefits they had brought to the course could properly be assessed. It was anticipated that the work the Partnership was undertaking would accrue further benefit to the Council in due course. Members were very appreciative of the Partnership’s efforts in making a success of the golf course and were keen that the arrangement might be continued.

 

RECOMMENDED that

 

1)         the arrangement with the Worcestershire Golf Partnership be extended for a further 12 month period to work up a medium/long term operating solution, with negotiations commencing immediately; and

 

RESOLVED that

 

2)         a service review of the non golf related elements of the operation be undertaken; and

 

3)         the report be noted.

 

(The referral report from the Overview and Scrutiny Committee had been accepted as a matter of Urgent Business –not having met the publication deadline – and was considered at the meeting as such, with the approval of the Chair, in accordance with the Council’s constitutional rules and the powers vested in the Chair by virtue of Section 100 (B) (4) (b) of the Local Government Act 1972 to agree to matters of urgency being discussed by reason of special circumstances.

 

In this case the special circumstances were that the Overview and Scrutiny Committee meeting post-dated the agenda despatch and the referral report needed to be considered at the present meeting to have any bearing on the decision-making process in respect of this matter.)

 

84.

Arrow Valley Countryside Centre - Contractual Arrangements

To consider specific options for the contractual arrangements for the Arrow Valley Countryside Centre.

 

(Report attached – Appendix available via the Council’s website and as a hard copy in Group Rooms)

Decision:

RESOLVED that

 

the specification format for the tendering process for the alternative management arrangements as set out in the appendices to the report be approved.

 

(During consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillor Peter Anderson declared an interest in view of his membership of Redditch Sailing Club, a user of Arrow Valley Lake)

Minutes:

Following an earlier Council decision to go down the route of private sector management of the Countryside Centre, a report was considered which sought approval of the specification format for these new management arrangements.

 

Officers reported that six companies were to be invited to tender for the contract following receipt of pre-qualification questionnaires from a number of prospective contractors. Members were reminded that it had been agreed that the Council enter into a specific contract agreement rather than enter into a service level agreement.

 

The Committee were generally of the view that the Countryside Centre had tremendous potential and, although well used, could be developed to increase footfall significantly.

 

RESOLVED that

 

the specification format for the tendering process for the alternative management arrangements as set out in the appendices to the report be approved.

 

(During consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillor Peter Anderson declared an interest in view of his membership of Redditch Sailing Club, a user of Arrow Valley Lake)

 

85.

Overview and Scrutiny Committee

To receive the minutes of the meeting of the Overview and Scrutiny Committee held on the 25th August 2010.

 

There are recommendations to consider.

 

(Minutes attached)

Decision:

RESOLVED that

 

Climate Change Strategy

 

1)         consideration of the recommendations of the Overview and Scrutiny Committee be deferred subject to consideration of the Climate Change Strategy at the meeting of the Executive Committee on 10th November 2010.

 

Drainage – Update Report

 

2)         the Council’s policies on ditches be initially applied to Arterial Ditches only;

 

3)         the Council notes its position with regard to the implications of the Flood Risk Regulations 2009 and the Flood and Water Management Act 2010, subject to the Commencement Orders; and

 

4)         a report be prepared by Officers, as previously instructed by Members, setting out proposals for a Joint North WorcestershireLand Drainage Partnership, in accordance with the guidance provided in the documents referred to in recommendation 3 above.

Minutes:

Members considered the minutes of recent meetings of the Overview and Scrutiny Committee, including a number of recommendations.

 

RESOLVED that

 

Climate Change Strategy

 

1)         consideration of the recommendations of the Overview and Scrutiny Committee be deferred subject to consideration of the Climate Change Strategy at the meeting of the Executive Committee on 10th November 2010.

 

Drainage – Update Report

 

2)         the Council’s policies on ditches be initially applied to Arterial Ditches only;

 

3)         the Council notes its position with regard to the implications of the Flood Risk Regulations 2009 and the Flood and Water Management Act 2010, subject to the Commencement Orders; and

 

4)         a report be prepared by Officers, as previously instructed by Members, setting out proposals for a Joint North WorcestershireLand Drainage Partnership, in accordance with the guidance provided in the documents referred to in recommendation 3 above.

 

86.

Minutes / Referrals - Overview and Scrutiny Committee, Executive Panels, Neighbourhood Groups etc.

To receive and consider any outstanding minutes or referrals from the Overview and Scrutiny Committee, Executive Panels, Neighbourhood Groups, etc. since the last meeting of the Executive Committee, other than as detailed in the items above.

Decision:

There were no minutes or referrals under this item.

Minutes:

There were no minutes or referrals under this item.

 

87.

Advisory Panels - update report

To consider, for monitoring / management purposes, an update on the work of the Executive Committee’s Advisory Panels and similar bodies, which report via the Executive Committee.

 

(Report attached)

Decision:

RESOLVED that

 

the report be noted.

 

(Officers undertook to update the details of Chair and Vice Chairs subsequent to recent changes)

Minutes:

Members considered the latest update report on Advisory Panels and other Council bodies. Officers undertook to update the details of Chair and Vice Chairs subsequent to recent changes.

 

RESOLVED that

 

the report be noted.

 

88.

Action Monitoring

To consider an update on the actions arising from previous meetings of the Committee.

 

(Report attached)

Decision:

RESOLVED that

 

the report be noted.

Minutes:

RESOLVED that

 

the report be noted.

 

89.

Urgent Business - Record of Decisions

To note the following recent decisions taken in accordance with SO36:

 

1.         Prospective Tenant – Unit 27, Rubicon Business Centre

(Head of Planning and Regeneration)(Decision Reference 484)

 

The associated report contains exempt information as defined in Paragraph 3 of part 1 of Schedule 12a to the Local Government Act 1972, as amended.

 

The case for urgency was that the prospective tenant needed an early decision owing to their commitments.

 

 (Decision required was a Executive Committee decision).

 

It was therefore RESOLVED that

 

Kingfisher FM be granted a licence agreement at a reduced rent as set out within the associated report for a period of 12 months for the reasons given in that report.

 

 

2.         Discretionary Disabled Facilities Grant

(Head of Community Services)(Decision Reference 485)

 

This report contains exempt information as defined in Paragraphs 1 and 3 of part 1 of Schedule 12a to the Local Government Act 1972, as amended.

 

This adaptation is required to improve the health & well being of the householder. The next Executive Committee is not until September and this would cause a further delay in undertaking this adaptation. (Final authority for the decision on the Discretionary Disabled Facilities Grant would normally rest with the Executive. There was an additional recommendation, as set out below, to Council in respect of the Scheme of Delegation to Officers which was considered at the meeting of Council on 20th September 2010.)

 

It was therefore RESOLVED that

 

1)        a discretionary disabled facilities grant of up to £1,500 be awarded for the reasons given in the summary above; and

 

RECOMMENDED that

 

2)         the Council’s Scheme of Delegation to Officers be amended to provide the Head of Community Services with the authority to approve discretionary Disabled Facility Grants, in consultation with the Portfolio Holder for Housing, Local Environment and Health.

Decision:

Members noted two Urgent Business decisions which had been approved in accordance with Standing Order 36, namely:

 

Prospective Tenant – Unit 27, Rubicon Business Centre

(UB Reference 484)

 

Discretionary Disabled Facilities Grant

(UB Reference 485)

 

RESOLVED that

 

the matters be noted.

Minutes:

Members noted two Urgent Business decisions which had been approved in accordance with Standing Order 36, namely:

 

Prospective Tenant – Unit 27, Rubicon Business Centre

(UB Reference 484)

 

Discretionary Disabled Facilities Grant

(UB Reference 485)

 

RESOLVED that

 

the matters be noted.

 

90.

Exclusion of the Public

It may be necessary, in the opinion of the Chief Executive, to consider excluding the public from the meeting in relation to the following items of business on the grounds that exempt information is likely to be divulged. It may be necessary, therefore, to move the following resolution:

“that, under S.100 I of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following matter(s) on the grounds that it/they involve(s) the likely disclosure of exempt information as defined in the relevant paragraphs (to be specified) of Part 1 of Schedule 12 (A) of the said Act, as amended.”

Decision:

RESOLVED that

 

under S.100 I of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following matter on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph 3 of Part 1 of Schedule 12 (A) of the said Act, as amended:

 

Redditch United Football Club – Financial Position Statement (as detailed at Minute 91 below).

Minutes:

RESOLVED that

 

under S.100 I of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following matter on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph 3 of Part 1 of Schedule 12 (A) of the said Act, as amended:

 

Redditch United Football Club – Financial Position Statement (as detailed at Minute 91 below).

 

91.

Redditch United Football Club Status

To consider the financial status of Redditch Football Club and the impact on the Council’s Revenue Account.

 

[The report and appendices contain exempt information as defined in S.100 of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, as they contain information relating to the financial or business affairs of any particular person (including the authority holding that information).  In view of this it is anticipated that discussion of these matters will take place after the exclusion of the public.]

 

(Report attached)

Decision:

(During consideration of this item Members discussed matters that necessitated the disclosure of exempt information. It was therefore agreed to exclude the press and public prior to any debate on the grounds that information would be revealed relating to the financial affair of any particular body (including the authority holding that information.)

Minutes:

(During consideration of this item Members discussed matters that necessitated the disclosure of exempt information. It was therefore agreed to exclude the press and public prior to any debate on the grounds that information would be revealed relating to the financial affair of any particular body (including the authority holding that information.)