Agenda and Minutes

Mrs. R. Camamile CC

Mr. G.A. Hart CC

Mrs. M.B. Page CC

Mr. Mike Jones CC         )  Minute 209

Ms. Betty Newton CC     )

 

Apologies for absence were reported on behalf of Dr. R.K.A. Feltham CC.

 

The minutes of the meeting held on 2 May 2006 were taken as read, confirmed and signed.

 

There were no items of urgent business.

 

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

 

Mr. A.M. Kershaw declared a personal, non-prejudicial interest in the reports of the Director of Children and Young People’s Service concerning Rosebery Primary School, Loughborough.  The matter was considered under Minute 209 below.

 

Mr. A.M. Kershaw had declared a personal, non-prejudicial interest in this matter.

 

The Cabinet considered a report of the Director of Children and Young People’s Service concerning Rosebery Primary School, Loughborough together with a supplementary report by the Director incorporating a submission by parents.  A copy of the reports marked ‘B’ and ‘BB’ is filed with these minutes.

 

Comments in respect of the issue had been received from Mr. Mike Jones.  A copy of his comments was circulated to each member present and is filed with these minutes.

 

With the approval of the Chairman Ms. Betty Newton and Mr. Mike Jones addressed the Cabinet. 

 

Ms. Newton urged the Cabinet to stop the closure process and support the school by taking steps to appoint a full-time Headteacher.  Both Ms. Newton and Mr Jones said they thought the consultation process had been flawed and had led to the falling rolls.

 

Mr. Jones argued that it was the governance and management of the School that needed LEA support and there was no evidence that children had suffered as a result of any failings in those areas.

 

The Chairman said he regretted that it had not been possible to put forward a sufficient case which would enable Rosebery School to continue.  He paid tribute to the efforts of parents in assisting the Cabinet in its consideration of this very sensitive issue.  He also thanked his Cabinet colleagues for their involvement in the meetings with parents and for their full commitment throughout the process.

 

RESOLVED:

 

(a)       That the Cabinet, having considered a report prepared on behalf of parents containing a proposal for Rosebery Primary School to federate with another local school and the views thereon of the Director of Children’s Services, in particular his assessment of the proposal against a series of criteria, agrees that the decision to propose closure of the school be confirmed and that the statutory processes be proceeded with.

 

(b)       That the Cabinet records its thanks to those parents who have engaged in debate about the future of the school and recognises that its decision will disappoint those who have campaigned to keep the school open.

 

(c)        That the Cabinet reiterates that its proposal is based on what it judges to be in the best interests of children.

 

KEY DECISION

 

REASON FOR DECISION:

 

The Cabinet, having received further information, continues to consider that the decision to propose closure of the school is in the best interests of the children.

 

The Cabinet considered a report of the Director of Children and Young People’s Service concerning the outcome of consultations regarding the pattern of school terms for 2007/08 and 2008/09.

 

RESOLVED:

 

(a)       That the outcome of the consultations relating to the proposed school term dates for 2007/08 and 2008/09 be noted;

 

(b)       That the school term dates for the 2007/08 and 2008/09 academic years follow the current pattern, and be as indicated in Appendices A1 and A2 to the report;

 

(c)        That the following three primary schools namely Tugby, Bringhurst and Hallaton continued to be given dispensation to follow the Rutland pattern of holidays, as the pupils transfer to Rutland secondary schools.

 

REASON FOR DECISION:

 

At its meeting on 3 June 2005 the Cabinet agreed the term patterns for the academic year 2006/07.  These dates followed the traditional Leicestershire pattern, and were agreed following a consultation exercise in accordance with the agreed protocol.  The 2007/08 and 2008/09 dates follow a similar pattern.

 

The Cabinet considered a report by the Director of Children and Young People’s Service concerning the establishment of new East Midlands Broadband Consortium arrangements to provide broadband connectivity and related services to Leicestershire schools and to the wider educational and public sector field when the contract with the current contractor expires.  A copy of the report marked ‘D’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the County Council remains part of a regional Broadband Consortium in order to provide broadband connectivity to Leicestershire schools and the wider educational and public sector;

 

(b)       That the County Council becomes a member of a new Company limited by guarantee established to carry out the functions of the East Midlands Broadband Consortium;

 

(c)        That authority be delegated to the Director of Children and Young People’s Service, in consultation with the County Solicitor, to take any action he considers necessary to give effect to these decisions, such authority to include the power to:-

 

(1)       appoint an officer to act as a Director and other staff as necessary to represent the Council in the Company

 

(2)       sign the new post March 2007 contracts including the setting up of framework agreements for the related services

 

(3)       indemnify those officers of the Council who take on a role within the new Company to enable the Council to take a full decision making role within the Company

 

(4)       take an active role in the tender process for the broadband connectivity and related services for its consenting schools and the wider educational and public sector field in relation to the post March 2007 contracts

 

(5)       accept suitable tenders arising from the Official Journal of the European Union procurement exercise (including any where the value exceeds £1,250,000)

 

(d)       That a loan be made to the Company which will represent the County Council’s proportion of the procurement costs and that the Director of Resources be authorised, in consultation with the Lead Member for Resources, to agree the terms of the loan which would be repaid to the County Council with interest.

 

REASON FOR DECISION:

 

(1)       The current contract for broadband connectivity and other related services will end on 31 March 2007; Northamptonshire County Council, who currently act as the lead authority on behalf of the East Midlands Broadband Consortium, does not wish to continue in that role at the end of the existing contract.

 

(2)       The local authority needs to secure future provision on behalf of schools.

 

The Cabinet considered a report of the Director of Resources proposing amendments to delegation in respect of property issues.  A copy of a report marked ‘E’ is filed with these minutes.

 

The Director emphasised that issues of a sensitive nature would be referred to the Leader, Deputy Leader and Lead member for Resources.  In all instances, local members were advised when the County Council submitted planning applications and when Council property was being considered for disposal.  Notification to local members would continue under the proposed arrangements.

 

RESOLVED:

 

That the delegation to the Director of Resources in relation to the purchase and disposal of property be amended to read as follows:-

 

“Purchase and Disposal of Property

 

33.    (i)      Power to purchase property by compulsory purchase powers following approval of a Compulsory Purchase Order with the appropriate body.  Power to purchase property within the approved three-year capital programme.  Power to declare land as surplus following consultation with any chief officer concerned where this power has not been delegated to another chief officer.  Power to dispose of property that has been declared surplus.  Power to authorise the change of user of property.  In each case the exercise of such powers to be subject to consultation with the Leader, Deputy Leader and Lead Member for Resources or their nominees in respect of any transaction which he considers may be of a sensitive nature.

 

(ii)     Power to use local firms of Chartered Surveyors to sell surplus property on behalf of the County Council”.

 

REASON FOR DECISION:

 

The current delegation has been amended to reflect the nature of the property market.  It would be appropriate to involve the Lead Member for Resources on financial/property issues in the process.

 

The Cabinet considered a report by the Director of Community Services concerning the submission of the Statement of Community Involvement to the Secretary of State for Communities and Local Government.  A copy of the report marked ‘F’ is filed with these minutes.

 

RESOLVED:

 

That the Statement of Community Involvement Submission Version and the Consultation Statement be approved for submission to the Secretary of State for Communities and Local Government and that the Director of Community Services be authorised to undertake the statutory consultation required as part of the submission procedure.

 

REASON FOR DECISION:

 

In order to comply with the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Development) (England) Regulations 2004, the County Council has to prepare a Statement of Community Involvement for submission to the Secretary of State and for independent examination before it can be adopted by the County Council.  The 2004 Regulations require the submitted Statement of Community Involvement to be accompanied by a Consultation Statement and for a six week consultation period on the submitted Statement of Community Involvement to be carried out with those people and organisations previously consulted.

 

The Cabinet considered a report of the Director of Highways, Transportation and Waste Management concerning the contract for street lighting and illuminated signs.  A copy of the report marked ‘G’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the action taken by the Chief Executive in consultation with the Leader and Deputy Leader in agreeing to treat the matter as an exception to the Contract Procedure Rules to enable the existing contract with Scottish and Southern to be extended for a period of one year, be noted;

 

(b)       That the action taken by the Director of Highways, Transportation and Waste Management in accepting the lowest tender in respect of the 2005/06 Contract be noted and confirmed;

 

(c)        That the Director of Highways, Transportation and Waste Management be given delegated authority, in association with ESPO, to procure through the market new energy contracts for street lighting and illuminated signs in future years, without any upper limit on the total contract price.

 

REASON FOR DECISION:

 

To meet the requirements of the Contract Procedure Rules, the Council’s Financial Procedures and the General Scheme of Delegation to chief officers in terms of responding on exceptions and decisions taken between meetings on the grounds of urgency.

 

There were no items referred from Overview and Scrutiny.

 

 

 

 

 

 

11.00a.m. – 11.45a.m.

16.5.06                                                                                   CHAIRMAN