People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands

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Wirral Council’s Cabinet meeting of the 10th September 2015. The item on Rock Ferry High School starts at 17 minutes and 16 seconds

Cabinet discusses the future of Rock Ferry High School 10th September 2015 L to R Cllr Chris Meaden Cllr Pat Hackett Cllr Adrian Jones

The issue of what happens to the former Rock Ferry High School site was on Wirral Council’s Cabinet agenda for a decision at last Thursday’s meeting.

Included with the reports for the meeting were details of the public meetings held. In case anyone has forgotten, one of the public meetings sparked a series of bizarre stories in the Liverpool Echo about what happened in the lead up to the 2015 General Election. The story continues with a Wirral Globe article and a Green Party investigation clearing its members of what Frank Field accused them of doing (which is that exceptional case of a party sticking by and believing its own members and not throwing them to the wolves when an influential member of another political party complains).

Maybe the Green Party aren’t like other political parties who take a "guilty until proven innocent (and we the party will decide upon what prove innocent means)" approach and grill the party member when a complaint happens. No I’m not referring to the recent suspensions of councillors in the Wirral Labour Group… but my own personal experience of the Lib Dems taking seriously a party political complaint about me from former Labour Cllr Harry Smith (sent to both me and the party with a Wirral Council "With compliments slip").

In essence his complaint was that when he was Vice-Chair of the Pensions Committee (the Pensions Committee manages the Merseyside Pension Fund worth £billions which has over a hundred thousand people either pensioners or employees part of it) I put in a leaflet to people in the Bidston & St James ward that he didn’t go to a meeting that reported the Merseyside Pension Fund had dropped by hundreds of millions of pounds.

His complaint was that he decided to go on holiday instead (he didn’t send a deputy to the meeting) and that my leaflet wasn’t unfair personally to him because it led to people going to his surgery and asking him questions (because and I mean this with a lot of dripping sarcasm of course, obviously the last thing a local councillor is paid a generous allowance of thousands of pounds a year for is to actually have to deal with the public and see what I write below for why the Labour Group of 2015 takes a different view on representing the public to Harry Smith). Therefore former Cllr Harry Smith (around the time of a one week suspension as a councillor for not apologising properly for bullying) wanted disciplinary action taken against me by the Lib Dem Party for telling the Bidston & St James residents the truth.

Ultimately the Lib Dem Party (who then were always very keen to curry favour with other political parties) gave him and his fellow Labour party members their way in 2011 but the Lib Dems (under a lot of pressure to get rid of me) did it so badly, the Birkenhead County Court ruled one of the Lib Dem councillors, the local Birkenhead party and indeed the whole Lib Dem Party had broken the law in doing so.

Thus proving that politicians are terrible at realising that there are legal limits on what they should or shouldn’t do. As many will know, the political class have an arrogant view at times that rules and laws apply to everyone but them! The MP expenses scandal showed that.

However to be fair (and hopefully as balanced as I can be) to the Lib Dem Party, their view is that an unlawful decision still stands and court orders should be flouted (and then the Lib Dem Party wonders why it lost 49 MPs at the recent General Election?)

As former Cllr Harry Smith didn’t get his way over that complaint he tried to stop filming of a public meeting of Pensions Committee meeting stopped, telling others on the Pensions Committee it I was because I was a member of a political party (at the time a lie as I wasn’t a member of the Lib Dems then, due no doubt in part to his complaints and moaning about me "blotting my copybook" as one party member put it). A rather young fellow Labour councillor had the gall to tell him such a point was irrelevant which really got him going, however I am digressing into stories from yesteryear. It was suggested to me recently that I should be more positive (however remembering how former Cllr Harry Smith used to be is enough to spoil anyone’s good mood)!

Returning to the Cabinet meeting, Cllr Adrian Jones explained that Rock Ferry High School had closed in 2011. He outlined the process that had to be followed if the Rock Ferry High School and the playing fields were to be used for a different purpose and that this required government approval from the Minister. He summarised the efforts so far on finding an alternative educational use for the buildings which unfortunately had not panned out.

The costs (business rates and security) of managing the vacant site were costing Wirral Council money. The original intention had been for Wirral Council to sell the buildings and playing fields. However following public consultation and "opposition" to disposal of the site, a compromise position had been found or as Cllr Adrian Jones put it, “However, we are a listening Council and following extensive public consultation it was evidenced that there was a very significant amount of opposition to that proposal.”

He went on to say that this option would produce a reduced capital receipt to Wirral Council, but this would allow the Residents’ Association to bring forward proposals for the playing fields and woodland.

Cllr Adrian Jones proposed the following recommendation.

"It is recommended that:

17.1 Cabinet approves the submission of the application to the Secretary of State for Education for the disposal and change of use of the former Rock Ferry High School.

17.2 Approve the mixed use option for the site as outlined in 6.4

17.2 Approve officers to progress development proposals to site (area A) for residential development in accordance with local planning requirements

17.3 Work with the newly formed Rock Ferry Residents Association to bring forward proposals for the management of the site (areas B and C)"

For the purposes of information 6.4 (which recommendation 17.2) of the report refers to states:

6.4 Take account of local views and develop a mixed use option for the site

(i) area (A) i.e. the main school site, development for housing

(ii) areas (B) and (C) the former playing field site could be considered for community asset transfer for continued sport use and open space. This is of particular interest to the residents in the area and plans for the management and development of the area are being considered. Football clubs in the area have expressed an interest and there are opportunities for obtaining grant funding. This area was previously designated as school playing fields and the only community use was through lettings agreed with the school, general community access was not endorsed.

Areas B and C are detailed in the report. Areas B and C are playing fields and area A covers the buildings and part of the playing fields.

Councillor Chris Meaden pointed out that it was in her ward and referred to "slightly heated meetings" that she had attended and that they’d listened to the residents, changed the recommendations so that the woodland was kept and the sports field. She thanks the residents of Rock Ferry and that "we hope we’ve proved ourselves to you"

Cllr Meaden went on to thank Jeannette Royle (Senior Manager, Asset Management), David Armstrong (Assistant Chief Executive) and David Ball (Head of Regeneration) for attending the meetings and she wanted to thank them for their support and their efforts in listening to residents.

The recommendation were agreed by Cabinet.

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FOI response details reasons why Fort Perch Rock car park charging plans were opposed

Fort Perch Rock car park 29th June 2015 Photo 1 of 3 — Fort Perch Rock car park 29th June 2015

After the U-turn last month on car parking charges at Fort Perch Rock car park, New Brighton I made a Freedom of Information request for the objections made during the consultation period.

In addition to a petition of objection which when the consultation finished had 876 signatures but now has 4,010 signatures there were nineteen written objections which included a thirteen page letter sent on behalf of the Wilkie Leisure Group.

Objectors referred to pay and display parking in Hamilton Square, Birkenhead and the reduction in visitors once charges for parking had started. Many objectors thought that car parking charges would put people off from visiting New Brighton. Some objectors thought that what charging would be unlawful. Others felt that Wirral Council ordering the pay and display ticket machines before the consultation on the proposed traffic regulation order started pre judged the outcome of the consultation.

The most detailed objection from Singleton Clamp & Partners Limited sent on behalf of the Wilkie Leisure Group stated:

"the reasons for implementing the charges are likely to be illegal under the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004;
they are against Wirral Council parking policy;
there is no traffic management reason for their implementation."

The official reason for the U-turn given was the what was in the lease that meant that this could lead to parking charges elsewhere in New Brighton. Promenade Estates were quoted in a Liverpool Echo article by Liam Murphy that they would charge for parking at other car parks in New Brighton if charges at Fort Perch Rock car park were brought in.

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£millions for PFI fire stations was borrowed from French and German banks

The three boxes on the left are the PFI fire stations contract

There are many people who know more about accountancy than I do. I look forward to reading their comments on this. Below are links to the funding documents, which is part of the Merseyside Fire and Rescue Authority PFI fire stations contract that I wrote about yesterday. I received a copy of the contract from Merseyside Fire and Rescue Service when I exercised a right under s.15 of the Audit Commission Act 1998 c.18 to inspect and receive copies of the contract.

I’ve left out 4.7 (Bank Account Mandates) as this contains details of sort codes and account numbers with specimen signatures for those accounts. It’s probably better that such information isn’t published!

I find these financial documents rather confusing to understand as they use a lot of jargon. To me it seems to be an agreement to borrow up to £50,436,936 between now and 2038 from two banks (Dexia Crédit Local (a Franco-Belgian bank) and Norddeutsche Landesbank Girozentrale (a German bank)). The banks then charge interest on the money borrowed.

If anyone can tell me what the interest rate is being charged by the banks for this money (based on the documents below), please leave a comment. I’ve tried reading these documents to figure it out but it seems to be made deliberately obscure (probably because it’s a variable rather than fixed amount).

4.1 Loan Facilities Agreement

4.2 Funders PA Direct Agreement

4.3 Construction Direct Agreement

4.4 FM Direct Agreement

4.6 Account Mandate Agreement

4.8 STID

4.9 Noteholder Subscription Agreement

4.10 ProjCo Loan Note Instrument

4.11.1 Dexia ISDA

4.11.2 Nord LB ISDA

4.12 Agency Fee Letter

4.13 Arrangement Fee Letter

4.14 Equity Guarantee

4.15 Intermediate Loan Note Instrument

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REVEALED: Minutes of the “secret” public meeting that privatised 7 of Merseyside’s fire stations

REVEALED: Minutes of the "secret" public meeting that privatised 7 of Merseyside’s fire stations

REVEALED: Minutes of the “secret” public meeting that privatised 7 of Merseyside’s fire stations

A long time ago, in a county far,
far away….

It is a period of strife.
The rebel Conservative
and Lib Dem parties,
have won their first General
Election victory against
the Labour government.

During the battle, rebel
parties managed to steal secret
plans to the Labour government’s
ultimate weapon, private finance
initiatives, a financial device
with enough power to
cause mass privatisation.

Pursued by no one,
John Brace races home aboard a train,
with the secret plans that show
the Merseyside people which Labour
councillors signed up to this.

A long time ago there was a public meeting of the Merseyside Fire and Rescue Authority. This meeting took place on Tuesday 21st September 2010. However you won’t find this meeting on Merseyside Fire and Rescue Authority’s website and even the minutes of this meeting are on the instructions of councillors are to be kept a big secret.

So for the first time, in an exclusive for this blog here are partial minutes of that meeting when councillors agreed to a massive PFI contract for many of Merseyside’s fire stations (Belle Vale, Birkenhead, Bootle & Netherton, Formby, Kirkdale, Newton Le Willows & Southport). Merseyside Fire and Rescue Authority would pay the PFI contractor not just for rebuilding these fire stations, but for running these fire stations for many years after. The payments to the contractors made by Merseyside Fire and Rescue Authority increase each year under a formula linked to the rise in the Retail Price Index. The contracts that councillors agreed to at the meeting below make up the first three boxes on the left of the photo below.

The three boxes on the left comprise the PFI fire stations contract

NOT FOR PUBLICATION

This report contains EXEMPT information by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972

MERSEYSIDE FIRE AND RESCUE AUTHORITY

SPECIAL MEETING

21^st September 2010

PRESENT: Councillors Tony Newman (Chair), Jimmy Mahon, Dave Hanratty, Sharon Sullivan, Les Byrom, Colin Strickland, Robbie Ayres, Barbara Murray, Ted Grannell, Denise Roberts, Linda Maloney, Lesley Rennie, Gerry Ellis, Martyn Barber, Steve Niblock and Eddie Clein.

Apologies for absence were received from: Councillors Jimmy Kendrick and Andrew Blackburn Independent Member Keith Pickup

1. Preliminary Matters

The Authority considered if there were any declarations of interest, matters of urgency or items that may require the exclusion of the press and public because of the possibility of the disclosure of exempt information.

(a) The following declarations of interest were made in relation to items of business on the agenda:

Councillors Linda Maloney and Robbie Ayres declared an interest in Agenda Item 3 – CFO/138/10 – PFI Project Final Sign Off, as they both sit on St Helens Council Planning Committee.
Councillor Mahon also declared an interest to this item as he sits on Sefton Council’s Planning Committee.

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(c) the following items of business required the exclusion of the press and public because of the possibility of the disclosure of exempt information:

Agenda Item 3 – CFO/138/10 – PFI Project Final Sign Off.
This report contains EXEMPT information by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.
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2. Minutes of the Previous Meeting

The minutes of the previous meeting of the Authority, held on 24^th June 2010 were approved as a correct record and signed accordingly by the Chair.

3. PFI Project Presentation

It was requested by the Assistant Chief Executive & Treasurer that Mr Skarratts – Fire Brigades Union representative be permitted to stay for the presentation and discussion of this item.

The Assistant Chief Executive and Treasurer and Mr. Schofield – PFI Project Manager gave a Power Point presentation to the Authority explaining the history of the Project from conception to the current day.

During the presentation Members were asked if they had a preference when building work was to commence as the building trade closes down for two weeks over the Christmas period.

Resolved that:

(a) Members had no preference when the building work was to commence as it would seem pointless to start work mid December then to close it down again.

(b) Noted that Balfour Beatty had confirmed they would do their utmost to drive the work forward to catch up and meet the deadline.

4. PFI Project Final Sign Off
(CFO/138/10)

This Minute is EXEMPT under paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

Members considered Report CFO/138/10 of the Assistant Chief Executive & Treasurer concerning the Final Sign Off of the North West Fire & Rescue Services Private Finance Initiative Project.

Resolved that:

(a) The Final Business Case be noted and endorsed, and its submission to CLG be approved;

(b) Arrangements for the North West Fire & Rescue Services PFI Project be approved on the basis of the financial terms and general principles contained within the report;

The Project Agreement and its Schedules, being the principal agreement to be entered into between the Authority, Cumbria County Council and Lancashire Combined Fire Authorities (“the Authorities”) and Balfour Beatty Fire and Rescue NW Limited (“Project Co.”);
The Direct Agreement, being the agreement entered into between the Authorities, Nord LB and Dexia (“the Funders”) and Project Co. (“the Direct Agreement”);
The Collateral Agreements to be entered into between the parties set out below:
– The Authorities, Mansell Construction Services and Project Co.;

– The Authorities, Border Construction and Project Co.;

– The Authorities, Balfour Beatty Workplace and Project Co.;

– The Authorities, Blue Sky Architects and Project Co.;

– The Authorities, and any other principal building sub-contractors or relevant members of the professional team; and

– Any other Collateral Agreements required under the terms of the Project Agreement.
The Independent Certifier Deed of Appointment to be entered into between the Authorities, Project Co., the Funders and Gleeds;
The Co-operation Agreement being the agreement being entered into between (1) the Authority, (2) Cumbria County Council, and (3) Lancashire Combined Fire Authority in relation to the relationship between the Authorities for the duration of the Project (“the Co-operation Agreement”); and
Any other agreements, certificates, acknowledgements, waivers, notices, letters or other documents incidental to the documents listed above or otherwise necessary or desirable in connection with the Project.

(d) The Assistant Chief Executive & Treasurer (Kieran Timmins), or in his absence, the Director of Finance (Ian Cummins), be authorised to certify that the following contracts are intra vires in accordance with the Local Government (Contracts) Act 1997:

the Project Agreement and its Schedules; and
the Direct Agreement

(e) the Chief Executive & Chief Fire Office (Anthony McGuirk) or the Deputy Chief Executive & Deputy Chief Fire Officer (Michael Hagan) or the Assistant Chief Fire Office (Daniel Stephens) or the Assistant Chief Executive & Treasurer (Kieran Timmins) or the Director of Legal Services and Monitoring Office (Janet Henshaw) or the Deputy Clerk (Sarah Bourne) be authorised to execute the Agreements under seal on behalf of the Authority and agree that their execution of the Agreements should conclusively demonstrate approval by the Authority of the Agreements in their final form;

(f) the Chief Executive & Chief Fire Officer (Anthony McGuirk) or the Deputy Chief Executive & Deputy Chief Fire Officer (Michael Hagen) or the Assistant Chief Fire Officer (Daniel Stephens) or the Assistant Chief Executive & Treasurer (Kieran Timmins) or the Director of Legal Services and Monitoring Office (Janet Henshaw) or the Deputy Clerk (Sarah Bourne) (“the Relevant Officers”) as appropriate be authorised to take all necessary action in connection with the agreements, in consultation with Dickinson Dees LLP, the Authority’s legal advisers in relation to this Project; and in consultation with the Chairman of the Authority, or in his absence, the Deputy Chairman of the Authority;

(g) the Authority will indemnify any of the Relevant Officers in respect of any claims and costs relating to the contract arragements, provided that the Relevant Officer has acted reasonably and within the ordinary course of their duties.

(h) the Authority request the PFI Project Team to monitor the use of local economy and report back.

(i) Members placed their appreciation on record to the PFI Project Team for seeing the project through for the Authority.

(j) the Chief Executive & Chief Fire Officer placed his thanks on behalf of Officers to the Authority for supporting the PFI Project.

(k) noted that Kensington Fire Station was now complete; and

(l) requested information regarding Toxteth Community Hubs to be circulated to Members.

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Date of Next Meeting

Thursday 30^th December 2010.

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Frank Field's election campaign spent £254.40 on balloon gas but what else was money spent on?

Frank Field’s election campaign spent £254.40 on balloon gas but what else was money spent on?

Today I went to Wallasey Town Hall and inspected several candidates’ election returns for the 2015 elections. Below are the pages from Frank Field’s campaign.

Unlike the local election where there is just one period that expenditure and donations need to be declared for, in a General Election there are two periods called “campaigns”. The “long campaign” is from 19th December 2014 to the date the person became a candidate. The “short campaign” is from the date they became a candidate to polling day.

Frank Fields’ campaign spent £31 during the long campaign (£19 on a mobile phone and £12 with WordPress for a website). However during the long campaign he received a £1,000 donation from USDAW (the Union of Shop, Distributive and Allied Workers).

During the short campaign £7,651.25 was spent (£1,200 on an advertising wraparound in the Wirral Globe, £4,794.35 on leaflets, £35.50 on taxis, £500 on the deposit, £254.40 on balloon gas, £437 on a market stall, £400 on office space in the Lauries Centre, £30 on topping up the mobile phone (presumably the one bought during the long campaign).

In the short campaign, the Birkenhead Constituency Labour Party donated £6,675.75, the Communication Worker’s Union £90 plus there were also two donations from individuals for £100 and £250. Updated 22nd June 2015: Wirral Council has been in touch and said that the names of the individual donors being blacked out was a mistake. £100 was donated by Ken Tasker and the £250 by Abhii Mantgani. These total £7,115.75.

The difference between expenditure and donations for this period was £535.50 was met by the candidate.

However I will point out that in the short campaign there was still £969 unspent from the donation from USDAW.

The documents submitted as his election expenses returns for the short and long period are below.