Agenda and minutes

Record of the decision making held on 5^th July 2010, attached.

The record of the Executive decision making held on 5^th July 2010 were received and noted as a correct record.

Report of the Solicitor to the Council seeking authority for the Chief Executive (Head of Paid Service) to take appropriate action in respect of equal pay litigation, attached.

DECISION MADE: (Ref: CAB 09/10 3932)

On consideration of the report of the Solicitor to the Council, Cabinet agreed the following:

(i)  That the Chief Executive (Head of Paid Service) be given delegated authority, following consultation with the Solicitor to the Council (Monitoring Officer), Executive Director of Resources (Chief Financial Officer) and the Cabinet Member for Resources and Workforce Planning to take any action necessary (including defend, settle or in any other way take action) in relation to any Equal Pay Claims or other linked or associated matters currently made or in future made against the Council.

(ii)  That the Chief Executive (Head of Paid Service), Solicitor to the Council (Monitoring Officer), Executive Director of Resources  (Chief Financial Officer) and Head of Organisational Development be given delegated authority to take any further action necessary to give effect to the content of this report; and

(iii)  To approve an amount of up to £200,000 to fund further legal and other associated costs of defending the Equal Pay Claims, to be met from the Organisational Development Reserve.

Report of the Cabinet Member for Resources and Workforce Planning seeking approval for the expenditure of approved Capital Funding, attached.

DECISION MADE: (Ref: CAB 09/10 3931)

On consideration of the report of the Cabinet Member for Resources and Workforce Planning, Cabinet agreed the following:

(i)  To approve in accordance with Financial Procedure Rules capital expenditure of £1.936M phased £968,000 in 2010/11 and £968,000 in 2011/12.

(ii)  That the Head of Property and Procurement is granted Delegated Powers to vary the scope and programme of the work following consultation with the Cabinet Member for Resources and Workforce Planning.

To move that in accordance with the Council’s Constitution, specifically the Access to Information procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential appendix 1 to (item no:11)

Confidential appendix 1 contains information deemed to be exempt from general publication based by virtue of Categories 3 and 4 of paragraph 10.4 of the Council’s Access to Information Procedure Rules as contained in the Council’s Constitution. It is not considered to be in the public interest to disclose this information because the Appendix contains confidential and commercially sensitive information which would impact on the integrity of a commercial procurement process and the Council’s ability to achieve ‘Best Value’ in line with its statutory duties.

In accordance with the Council’s Constitution, specifically the Access to Information procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the confidential appendix 1 to (item no:11)

Confidential appendix 1 contains information deemed to be exempt from general publication based by virtue of Categories 3 and 4 of paragraph 10.4 of the Council’s Access to Information Procedure Rules as contained in the Council’s Constitution. It is not considered to be in the public interest to disclose this information because the Appendix contains confidential and commercially sensitive information which would impact on the integrity of a commercial procurement process and the Council’s ability to achieve ‘Best Value’ in line with its statutory duties.

Report of the Cabinet Member for Leisure, Culture and Heritage seeking approval for various matters relating to the Sea City Museum Scheme, attached.

NOTE: There is a confidential appendix that is not for general publication.

DECISION MADE: (Ref: CAB 09/10 3876)

On consideration of the report of the Cabinet Member for Leisure, Culture and Heritage and having received representations from a local resident and Members of the Council, Cabinet agreed the following:

(i)  That, in accordance with Finance Procedure Rules, to approve the transfer of a ringfenced capped sum of £1.283m from the Resources portfolio into the Leisure and Culture Capital Programme per the approval to carry our repairs to the fabric of the building, any underspends will be transferred back to the ASAP project.

(i)  That, in accordance with Finance Procedure Rules, to approve the increase in the total spend on the implementation of this scheme by £14,793,997 (to a total scheme value of £16,209,000) to be phased £4,185,565 in 2010/2011, £9,878,424 in 2011/2012 and £452,168 in 2012/2013 and £277,840 in 2013/2014;

(ii)  To note that the additional capital financing costs in 2010/11 of £40,000 can be met from existing capital financing budgets but that a sum to cover the additional capital financing costs in subsequent years will need to be allocated from the £2M allowance made for additional pressures that was included in the high level General Fund forecast reported to Cabinet on 5 July and that this may need to be increased if the circumstances set out in the report to Council in February materialise;

(iii)  To approve the implementation of a procurement exercise to identify a management partner for Sea City Museum, with the option of including other heritage venues, subject to an economic assessment of the costs and benefits being completed in accordance with the councils approved project appraisal process and, on the basis that the procurement proceeds:

·  Agrees to draw up to £150,000 from contingencies to fund the procurement exercise in 2010/11 and

·  Delegate authority to the Executive Director of Neighbourhoods, following consultation with the Executive Director of Resources and the Solicitor to the Council, to do anything necessary to conclude the procurement including, but not limited to the evaluation of tenders, selection of the preferred bidder and contractual and financial close.

(v)  To delegate authority to the Executive Director for Neighbourhoods, following consultation with the Solicitor to the Council and the Executive Director of Resources,  to enter into any agreements or undertake any other actions necessary to implement this project to completion.