Cabinet Members will be asked to make any declarations of interest in respect of items on this agenda.  A flowchart providing guidance on member interests is attached to assist councillors.

To sign and confirm as a correct record the minutes of the meeting held on 12 July 2012.

Agreed that the minutes of the meeting held on 12 July 2012 are confirmed as a correct record.

One question was submitted by the public, for this meeting in accordance with Part B, paragraph 11 of the Constitution, as set out below. 

In the absence of Mr Sharpe, the question and the response were circulated and the written response would be sent to him.

There were no items of Chair’s urgent business.

The Chief Executive asked that items regarding Capital Investment for Replacement of Minibuses were withdrawn from the agenda.

Agreed to withdraw items 12 and 16.

The Director for Corporate Services will submit a written report on the provision of the Localism Act 2011 which has created the community right to challenge.  The provision will give the community and voluntary sector organisations and groups of council staff the right to challenge local authorities by putting forward an expression of interest in running their services.  The report will recommend that the Council will set an initial timescale after which, expressions of interest will be accepted under the community right to challenge.    

The Director for Corporate Services submitted a written report indicating that the Localism Act 2011 had created the community right to challenge.  This would give community and voluntary sector organisations and groups of Council staff the right to ‘challenge’ local authorities by putting forward an expression of interest in running their services.  

It was planned that following the development of the policy and processes, a pre decision report would be made to overview and scrutiny in September, prior to a report to Cabinet on 16 October 2012.

Agreed -

The Director for Place will submit a written report seeking approval to make a Compulsory Purchase Order in the future, if necessary, as part of the second phase of the North Prospect regeneration project.  This relates to properties that were within the estate transferred to Plymouth Community Homes as part of the housing stock transfer on 20 November 2009.

The Director for Place submitted a written report seeking approval to make a Compulsory Purchase Order (CPO) in the future, if necessary, as part of the second phase of the North Prospect regeneration project. The properties concerned were within the estate transferred to Plymouth Community Homes as part of the housing stock transfer on 20 November 2009. 

Cabinet Members noted the considerations that arose under the Human Rights Act 1998 in respect of the proposed CPO and had full regard to the rights of those that would be affected by the CPO but, for the reasons set out in the report, determined nevertheless to authorise CPO procedure. 

Agreed that, in the event that a Compulsory Purchase Oder is required for properties within Phase Two of North Prospect defined as –

(a)   Ash Grove: 1-25 (odds) and 2-42 (evens)

(b)  Cookworthy Road: 11-31 (odds)

(c)   Floyd Close: 1-21(odds)

(d)  Foliot Road: 51-95 (odds) and 92-118 (evens)

(e)  Grassendale Avenue: 1-51 (odds) and 2-82 (evens)

(f)    North Prospect Road: 205-219 (odds)

(g)   Overdale Road: 1-6

(h)  Woodville Close: 1-55 (odds) and 2-82 (evens)

a Compulsory Purchase Order is made pursuant to S17 of the Housing Act 1985 in respect of the areas outlined in red on the plan submitted (referred to in appendix one of the report.

(Councillor Williams declared a personal interest in respect of the above item).

The Director for People will submit a written report making recommendations on the level of fees for residential and nursing care for older people / older people with dementia in residential and nursing care and their implementation.  A separate confidential report will also be submitted (see item 14 below). 

The Director for People submitted a written report making recommendations regarding the level of fees for residential and nursing care for older people / older people with dementia following a review of care home fees and consultation.  The market position statement 2011-2013 was also submitted.  

The Chair drew the attention of Cabinet Members to the confidential details provided in the part 2 report referred to in minute 41 below.

Based on the information provided in the report and to improve the dignity and quality of the care of older people in care homes, it was agreed that –

The Director for People will submit a written report on the recent tender process for a framework of suppliers to deliver day opportunities to meet the needs of vulnerable adults. A separate confidential report will also be submitted (see item 15 below).  

The Director for People submitted a written report on the recent tender process for a framework of suppliers to deliver day opportunities to meet the needs of vulnerable adults.  

The tender evaluation process determined that 26 providers had the critical knowledge and experience to provide the service and that considering all evaluation criteria, they had offered the most economically advantageous tender. 

The Chair drew the attention of Cabinet Members to the confidential details provided in the part 2 report referred to in minute 42 below.

Agreed that a framework of approved day opportunity providers is awarded for four years. This will be opened up annually to new market entrants and to allow existing providers to update their pricing.

The Director for People will submit a written report on the status of the transfer arrangements of public health prior to a final report due at Cabinet in December 2012.

The Director for People submitted a written report providing a position statement about the status of the transfer arrangements of public health responsibilities to the local authority on 1 April 2013, prior to the final report due at Cabinet in December 2012.

Agreed that the report is noted.

The Director for Place will submit a written report seeking authority to retender the contract to enable continuity of street lighting services beyond 31 March 2013. 

The Director for Place submitted a written report indicating that a maintenance contract existed with Scottish and Southern Energy, for the inspection, maintenance, repair, modification, supply and installation of street lighting and illuminated road signs.  The contract value was approximately £1.1m per annum and was due to expire on 31 March 2013, having been extended to its limit.   

The report sought authority to retender the contract to enable continuity of street lighting services beyond 31 March 2013 for a six year period (four years with an option to extend up to six years).

Agreed -

The Director for Place will submit a written report on Phase II of the Vehicle Replacement Programme. This phase relates to the purchase of 28 new minibuses  currently used for adult social care and under statutory duty for home to school transport. The report considers options to achieve the required outcome.  A separate confidential report will also be submitted (see item 16 below).

This item was withdrawn.

(Also see minute 32 above.)

Agreed that under Section 100(A)(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Further to item 8 above, the Director for People will submit a confidential written report on the level of fees for residential and nursing care for older people / older people with dementia in residential and nursing care and their implementation.

With reference to minute 35 above, the Director for People submitted a confidential written report on the Older Persons Care Home Review 2012-15, including out of area placements in care homes, the 2012/13 pricing strategy and the proposed schedule of rates / financial model.

Further to item 9 above, the Director for People will submit a confidential written report on the recent tender process for a framework of suppliers to deliver day opportunities to meet the needs of vulnerable adults.

With reference to minute 36 above, the Director for People submitted a confidential written report on the recent tender and evaluation process for a framework of suppliers to deliver day opportunities to meet the needs of vulnerable adults.

Further to item 12 above, the Director for Place will submit a confidential written report on the capital investment for the replacement of minibuses.

This item was withdrawn.

(Also see minute 32 above).