Cabinet - Thursday 5 February 2009

Present at the meeting:

• Councillor P R C Smith (Executive Leader) (In the Chair)
• Councillor D T Molyneux (Cabinet Champion for Environment and Regeneration)
• Councillor K Anderson (Cabinet Champion for Neighbourhood)
• Councillor J B Baldwin (Cabinet Champion for Cultural)
• Councillor K Cunliffe (Cabinet Champion for Healthier Communities and Older People)
• Councillor T W Halliwell (Cabinet Champion for Equality)
• Councillor J Hilton (Cabinet Champion for Lifestyle)
• Councillor Mrs S Loudon (Cabinet Champion for Children and Young People).
• Councillor P Prescott (Cabinet Champion for Organisational Change)
• Councillor C Ready (Cabinet Champion for Improvement)

209 Apologies for absence: There were none.

210 Minutes: The minutes of the meeting of the Cabinet held on 22 January 2009 were approved as a correct record.

211 Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Cabinet discusses the following items for the reasons set out below:-

 212 Communities in control: Real people, real power – consultation by the Department of Communities and Local Government: The Cabinet considered a joint report of the Service Director – Borough Solicitor and the Deputy Chief Executive, which advised Members of two consultation papers received from the Department for Communities and Local Government entitled, Changing Council Governance Arrangements and a code of Recommended Practice on Local Authority publicity. The report sought Members’ views on the issues raised in the consultation papers. The report also drew Members attention to the motion submitted to Council (minute 41.4 refers) by Councillor R M Bleakley, which did not support the installation of an Elected Mayor in Wigan or the whole of Greater Manchester.

The report set out details of the alternative option to be considered.

The Cabinet:-

• endorses the comments now made by Members and requests the Service Director – Borough Solicitor and the Deputy Chief Executive to submit the responses to Department for Communities and Local Government by the 13 March 2009; and
• notes the comments in the motion referred from Council (minute 41.4 refers) by Councillor Bleakley, but in view of the formal decision on governance arrangements that the Council will need to make later this year, the Cabinet makes no formal comment other than to note that the Department for Communities and Local Government acknowledges that the Cabinet and Leader Model of governance can meet the aims of accountability, leadership and effective decision making.

213 Draft House Extensions Design Guide Supplementary Planning Documents: The Cabinet considered a report of the Executive Director of Environmental Services, which sought approval of the Draft House Extensions Design Guide Supplementary Planning Document.

The purpose of the design guide was to expand on Policy R1D ‘The Design of New Residential Development and House Extensions’ in the replacement Wigan Unitary Development Plan and to offer guidance on the development of house extensions.

The report had been considered by the Planning Committee (minute 68 refers).

The report set out details of the alternative option to be considered.

Resolved: The Cabinet approves the draft House Extensions Design Guide Supplementary Planning Document for consultation.

214 Deprivation of Liberty Safeguarding: The Cabinet considered a report of the Executive Director of Health and Well-being, which informed Members of the new legislative requirements relating to the deprivation of liberty safeguards under the Mental Capacity Act (2005). The report also outlined proposals for implementation of the safeguards.

The report would be considered by the Adult Service Panel at its meeting to be held on 17 March 2009.

There were no alternative options available for consideration.

Resolved: The Cabinet agrees that Local Authority powers, as the supervisory body under the Mental Capacity Act 2005, are delegated to the Executive Director: Health and Well-being.

215 Revenue budget monitoring and treasury management report – Quarter 3: The Cabinet considered a report of the Executive Director of Business Support Services informing Members of the progress on budgets against spending to the end of December 2008. The report reviewed the operation and exercise of delegated Treasury Management powers.

Members were also advised that the report reviewed the credit rating of the organisations with which the Authority could place its surplus funds.

There were no alternative options available for consideration.

The Executive Leader paid tribute to the work undertaken by the winter maintenance team (gritters) of the Environmental Services Department during the cold weather.

Resolved: The Cabinet:

• notes the report and the action being taken to contain spending within the agreed budget where possible;
• endorses the deletion of Newcastle, Chelsea, Skipton and Yorkshire building societies from the approved organisation’s lending list;
• agrees to set a group limit of £20m from the Lloyds Banking Group;
• agrees to increase the investment limit from £2m to £5m;
• notes the action taken with regard to the Royal Bank of Scotland; and
• asks the Executive Director of Environmental Services to pass Cabinet’s congratulations on to the winter maintenance team for the efficient and effective way that they have maintained the streets during cold weather.

216 Capital Programme 2009/10 to 2011/2012 and the prudential code for capital finance in Local Authorities: The Cabinet considered a report of the Executive Director – Business Support Services, which informed Members of the Capital Programme, including the changes reflected from the special review and the third review of the capital programme. The report also set out the requirements to determine the prudential indicators for 2009/10 to 2011/12 and treasury policy.

There were no alternative options available for consideration.

Resolved: The Cabinet:

• approves the capital programme now submitted;
• allocates the balance of the Local Authority Business Growth Incentives Scheme money received from Central Government to support the capital programme and reduce the required contribution from revenue balances;
• approves the revised operational boundary and authorised limits for debt for 2009/10 as set out in the report now submitted;
• agrees to the set prudential indicators as set out in the report now submitted; and
• approves the treasury policy appended to this report.

217 Animal warden service – deferred motion: The Cabinet considered a report of the Executive Director – Environmental Services, that responded to the motion submitted to Council (minute 42.5 refers) by Councillor R M Bleakley, which informed Members of how the Environment Services Department discharged its extended out-of-hours stray dog function and how it was tackling dog fouling across the borough.

There were no alternative options for consideration.

Resolved: The Cabinet notes the report and the steps being taken to tackle the dog control issues raised by the motion submitted by Councillor Bleakley.

218 Wigan and Leigh Housing Bid to the new Homes and Communities Agency for new affordable housing: The Cabinet considered a report of the Executive Director of Environmental Services, which sought approval from Members to submit the proposed bid for new affordable housing to the Homes and Communities Agency (HCA). The bid had been developed to take advantage of new opportunities to acquire grants from the HCA.

The Executive Leader referred to a successful meeting between a Wigan delegation and the Rt Hon Margaret Beckett MP (Minister of State for Housing and Planning) on the 28 January 2009 in London on the subject of rent restructuring and associated issues.

The report would be considered by the Overview and Scrutiny Committee and the Community Protection Panel at their meetings to be held on 9 February and 16 March 2009 (respectively).

The report set out details of the alternative option to be considered.

Resolved: The Cabinet:

• accepts the report;
• agrees to submit the bid for new affordable housing development, comprising of three sites, to the Homes and Communities Agency;
• requests that further reports covering the progress of this bid and any other further proposals be made to Cabinet; and
• thanks the Wigan MPs for the support at the meeting in London on 28 January 2009.

(Councillor T W Halliwell and the Chief Executive of Wigan and Leigh Housing declared a personal and prejudicial interest in this item as they are Board Members of Wigan and Leigh Housing and they left the room during that part of the discussion thereon).

219 Revenue budget 2009/10 and Medium Term Forecast for 2009/10 – 2010/11: The Cabinet considered a report of the Executive Director of Business Support Services, which examined the financial projections for the Council over the next 3 years with specific focus on the budget and Council Tax for 2009/10.

The report also set out the Council’s Medium Term Financial Strategy for 2009/10 – 2011/12 and highlighted a number of key pressures the Council was likely to face over this period.

The report set out details of the alternative option to be considered.

Resolved: The Cabinet:

• notes the forecast and the potential risk areas;
• agrees that the report form the basis of a further report to Cabinet on 19 February 2009; and
• the Executive Director of Children and Young Peoples Services be requested to report back to a future meeting updating Members on the issues facing that service at a national and local level indicating any further financial impact on the 09/10 revenue budget.

220 Pay and Reward programme (Job evaluation): The Cabinet considered a report on the implementation of the pay and reward strategy including the proposed pay and grading structure and its financial implications, the review of terms and conditions of employment, the communications strategy and the project plan.

Resolved: The Cabinet supports;-

• the recommended pay and grading arrangements, which are to be the subject of negotiations with the trade unions;
• the phase one consultation and harmonisation of terms and conditions, which are also to be subject of consultation and negotiations with the trade unions;
• the management arrangements on recruitment and re deployment; and
• the proposed implementation timetable.

221 Job Evaluation Review Panels: The Chairman agreed to this additional item being taken as urgent, the special circumstances being the need to keep the Cabinet up to date of relevant issues.

The Cabinet considered a report which set out the arrangements for the operation of the appeals procedure under job evaluation. It was anticipated that the Regulation (Ad Hoc) Committee would not be able to manage the volume of staff appeals and arrangements for a two stage process where described.

Resolved: The Cabinet:

• approves the arrangements and operation of appeals relating to evaluations through the Job Evaluation Review Panels; and
• recommends that Council delegates authority to the Job Evaluation Review Panels to deal with those appeals.