Agenda, decisions and minutes

Cabinet
Thursday, 17th July, 2014 7.30 pm

Venue: Council Chamber, Civic Centre. View directions

Contact: Joel West 

Items
No. Item

1.

Apologies for absence

Minutes:

None.

2.

Declarations of Interest

Councillors’ declarations of interest (if any) in relation to any items on the agenda.

Minutes:

None.

3.

Minutes pdf icon PDF 18 KB

To approve the minutes of the meeting held on 13 March 2014.

Minutes:

RESOLVED that the minutes of the meeting held on 13 March 2014 are agreed as a correct record and signed by the Leader.

4.

Matters Arising

Any matters arising from the minutes of the previous meeting.

Minutes:

None.

5.

Written Questions from the Public

To receive any questions from members of the public in accordance with Rule 10 of the Council Procedure Rules.

Minutes:

None.

6.

Written Questions from Councillors pdf icon PDF 26 KB

To receive any questions from Councillors in accordance with Rule 11 of the Council Procedure Rules.

Minutes:

The one question submitted and response provided by the Portfolio Holder is appended to these minutes.

7.

Petitions

To consider any petitions that have been referred to the Cabinet under the Council’s Petition Scheme.

Minutes:

None.

8.

Forward Plan pdf icon PDF 65 KB

To note the Forward Plan, which lists all upcoming Cabinet decisions and provides notice of key decisions and those expected to be taken in private session.

Minutes:

RESOLVED that the Forward Plan is noted.

9.

Recent Decisions Taken by The Leader, Deputy or Portfolio Holder(s)

To note recent Portfolio Holder decisions taken under delegated powers, as attached:

Minutes:

RESOLVED that the following decision is noted:

9a

Decision of the Portfolio Holder for Community & Social Inclusion, 2 April 2014 pdf icon PDF 17 KB

10.

Portfolio Holder Delegations pdf icon PDF 13 KB

To note the Leader of the Council’s Scheme of Delegation to Portfolio Holders.

Minutes:

The Cabinet received a report that detailed the Leader of the Council’s Scheme of Delegation to Portfolio Holders.

 

RESOLVED that the Leader’s Scheme of Delegation to Portfolio Holders for 2014/15 is noted.

11.

Establishment of a Cabinet Overview Working Group, its Terms of Reference and Work Plan for 2014/15 pdf icon PDF 17 KB

Decision:

RESOLVED that:

 

A     A single Cabinet Overview Working Group is established.

 

B     The terms of reference for the Overview Working Group are as detailed in paragraph 2 of the report submitted

 

C     The 2014/15 work plan for the Overview Working Group is as detailed at paragraph 3 of the report submitted, subject to the inclusion of an additional item: ‘Future of the Town Centre’.

 

D     The 2014/15 meeting schedule for the Overview Working Group is as detailed at paragraph 4 of the report submitted.

 

E     Council be recommended to delegate authority to the Monitoring Officer to make any necessary consequential changes to the Constitution arising from A and B above.

Minutes:

The Cabinet received a report that proposed that it establish a single Overview Working Group, and agree its terms of reference and work plan for 2014/15.

 

Councillor Tony Durcan, Portfolio Holder for Regeneration and Enterprise, asked that the Overview Working Group explore the future of Harlow Town Centre in 2014/15.

 

Proposed by Councillor Jean Clark (seconded by Councillor Rod Truan) Cabinet:

 

RESOLVED that:

 

A     A single Cabinet Overview Working Group is established.

 

B     The terms of reference for the Overview Working Group are as detailed in paragraph 2 of the report submitted

 

C     The 2014/15 work plan for the Overview Working Group is as detailed at paragraph 3 of the report submitted, subject to the inclusion of an additional item: ‘Future of the Town Centre’.

 

D     The 2014/15 meeting schedule for the Overview Working Group is as detailed at paragraph 4 of the report submitted.

 

E     Council be recommended to delegate authority to the Monitoring Officer to make any necessary consequential changes to the Constitution arising from A and B above.

12.

Appointment of Cabinet Overview Working Group, Panels and Partnership Bodies 2014/15 pdf icon PDF 16 KB

Decision:

RESOLVED that appointments to Cabinet bodies for 2014/15 are made as detailed in the report submitted.

Minutes:

The Cabinet received a report that detailed nominations to the Overview Working Group, and the panels and partnership/liaison bodies that report to it, for the 2014/15 municipal year.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Jean Clark) Cabinet:

 

RESOLVED that appointments to Cabinet bodies for 2014/15 are made as detailed in the report submitted.

13.

Town Park Heritage Lottery Fund - Capital Buildings Tender pdf icon PDF 15 KB

Decision:

RESOLVED that authority is delegated to the Head of Regeneration in consultation with the Portfolio Holder for Regeneration & Enterprise for the award of the Building, Conservation and Renovation Contract in relation to the Heritage Lottery Fund, Harlow Town Park Parks for People project.

Minutes:

The Cabinet received a report proposing the award of the Building, Conservation and Renovation Contract for the Town Park Heritage Lottery

Fund Project.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Rod Truan) Cabinet:

 

RESOLVED that authority is delegated to the Head of Regeneration in consultation with the Portfolio Holder for Regeneration and Enterprise for the award of the Building, Conservation and Renovation Contract in relation to the Heritage Lottery Fund, Harlow Town Park Parks for People project.

14.

Town Park Heritage Lottery Fund - Hard and Soft Landscape Tender pdf icon PDF 14 KB

Decision:

RESOLVED that the Landscape contract for the works to the Town Park under the Heritage Lottery Funded Project is awarded to Bidder A in the sum of £628,000, subject to formal contract.

Minutes:

The Cabinet received a report proposing the award of the Landscape contract for the Town Park Heritage Lottery Fund Project.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Rod Truan) Cabinet:

 

RESOLVED that the Landscape contract for the works to the Town Park under the Heritage Lottery Funded Project is awarded to Bidder A in the sum of £628,000, subject to formal contract.

15.

Adoption of amendments to Local Development Orders for London Road North and South and Templefields pdf icon PDF 13 KB

Additional documents:

Decision:

RESOLVED that:

 

A     It is recommended to Full Council that the amendments to the London Road South, London Road North and Templefields Local Development Orders, contained in appendices to the report submitted, are adopted.

 

B     Authority is delegated to the Head of Regeneration, in consultation with the Portfolio Holder for Regeneration and Enterprise, to make any necessary minor amendments to the Local Development Orders, Statement of Reasons and supporting documentation prior to adoption.

Minutes:

The Cabinet received a report proposing a series of minor amendments to the London Road South, London Road North and Templefields North East Local Development Orders.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that:

 

A     It is recommended to Full Council that the amendments to the London Road South, London Road North and Templefields Local Development Orders, contained in appendices to the report submitted, are adopted.

 

B     Authority is delegated to the Head of Regeneration, in consultation with the Portfolio Holder for Regeneration and Enterprise, to make any necessary minor amendments to the Local Development Orders, Statement of Reasons and supporting documentation prior to adoption.

16.

Pathfinder Project - Award of Contract for Construction Services pdf icon PDF 16 KB

Decision:

RESOLVED that authority is delegated to the Chief Operating Officer in consultation with the Portfolio Holders for Regeneration & Enterprise and Housing, to award the construction contract (subject to formal contract) in relation to the Pathfinder Project to the most economically advantageous bid.

Minutes:

The Cabinet received a report proposing that the award of the construction contract for the Pathfinder Project be delegated to a senior Officer in consultation with Portfolio Holders.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Rod Truan) Cabinet:

 

RESOLVED that authority is delegated to the Chief Operating Officer in consultation with the Portfolio Holders for Regeneration and Enterprise and Housing, to award the construction contract (subject to formal contract) in relation to the Pathfinder Project to the most economically advantageous bid.

17.

Approval to Award Contract for Building and Window Cleaning Services pdf icon PDF 23 KB

Decision:

RESOLVED that (subject to formal contract):

 

A     Approval is granted for the award of a four-year Framework Agreement for building and window cleaning services to Contractor E from the report submitted.

 

B     A two year contract is called-offunder the terms of the Framework Agreementfor the delivery of building and window cleaning services at the Civic Centre, Bus Station and Latton Bush Centre in the sum of £128,875.25 per annum.

Minutes:

The Cabinet received a report proposing the award of a four-year Framework Agreement for building and window cleaning services.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Mike Danvers) Cabinet:

 

RESOLVED that (subject to formal contract):

 

A     Approval is granted for the award of a four-year Framework Agreement for building and window cleaning services to Contractor E from the report submitted.

 

B     A two year contract is called-offunder the terms of the Framework Agreementfor the delivery of building and window cleaning services at the Civic Centre, Bus Station and Latton Bush Centre in the sum of £128,875.25 per annum.

18.

Scrap Metal Dealers Act 2013 - Scheme of Delegation pdf icon PDF 16 KB

Additional documents:

Decision:

RESOLVED that:

 

A     Cabinet approves the scheme of delegation in relation to functions under the Scrap Metal Dealers Act 2013 attached at Appendix 2 to the report submitted, in which fees are determined by Cabinet and contentious decisions on individual cases are considered by a Sub-Committee of the Licensing Committee which will make recommendations to the Head of Service for determination.

 

B     Cabinet recommends Full Council to authorise the Head of Governance to make any necessary amendment to the Constitution and Scheme of Delegation arising from the resolution above.

 

C     Licensing Committee be requested, where necessary, to consider policy issues relevant to the Scrap Metal Dealers Act 2013 and make appropriate recommendations to Cabinet.

Minutes:

The Cabinet received a report proposing options for the delegation of scrap metal licensing functions.

 

Proposed by Councillor Mark Wilkinson (seconded by Councillor Tony Durcan) Cabinet:

 

RESOLVED that:

 

A     Cabinet approves the scheme of delegation in relation to functions under the Scrap Metal Dealers Act 2013 attached at Appendix 2 to the report submitted, in which fees are determined by Cabinet and contentious decisions on individual cases are considered by a Sub-Committee of the Licensing Committee which will make recommendations to the Head of Service for determination.

 

B     Cabinet recommends Full Council to authorise the Head of Governance to make any necessary amendment to the Constitution and Scheme of Delegation arising from the resolution above.

 

C     Licensing Committee be requested, where necessary, to consider policy issues relevant to the Scrap Metal Dealers Act 2013 and make appropriate recommendations to Cabinet.

19.

Year End 2013/14 Joint Finance and Performance Report pdf icon PDF 34 KB

Additional documents:

Decision:

RESOLVED that:

 

A     Cabinet acknowledges the outturn position for 2013/14 as detailed within the report submitted and recognises the managerial control this demonstrates over the Council’s controllable elements of the General Fund budget.

 

B     Cabinet recognises the operational performance which has been achieved across all Council services during 2013/14.

 

C     The schedule of CMT recommended budget carry-forward requests, totalling £255,500 (as set out in Appendix two to the report submitted), is approved

 

D     The contributions to reserves as set out in the report submitted are recommended to Full Council for approval.

Minutes:

The Cabinet received a report that summarised the Council’s financial and operational performance as at year-end 2013/14.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mike Danvers) Cabinet:

 

RESOLVED that:

 

A     Cabinet acknowledges the outturn position for 2013/14 as detailed within the report submitted and recognises the managerial control this demonstrates over the Council’s controllable elements of the General Fund budget.

 

B     Cabinet recognises the operational performance which has been achieved across all Council services during 2013/14.

 

C     The schedule of CMT recommended budget carry-forward requests, totalling £255,500 (as set out in Appendix two to the report submitted), is approved.

 

D     The contributions to reserves as set out in the report submitted are recommended to Full Council for approval.

20.

Capital Programme Outturn Report 2013/14 pdf icon PDF 34 KB

Decision:

RESOLVED that Cabinet:

 

A     Notes the outturn of the Council’s Housing and Non Housing Capital Programmes as at 31 March 2014 detailed as follows:

 

(i)            Housing Capital Programme expenditure of £24,846,000 against an approved revised budget of £26,297,000.

 

(ii)           Non Housing Capital Programme expenditure of £1,398,000 against an approved revised budget of £2,734,000.

 

B     Approves the carryover of Housing Capital programme schemes to 2014/15 of £1,101,000 to meet capital commitments.

 

C     Approves the carryover of Non Housing Capital Programme schemes to 2014/15 of £781,000 to meet capital commitments.

 

D     Recognises the operational performance which has been achieved across all Council services during 2013/14.

Minutes:

The Cabinet received a report that summarised the year-end 2013/14 position of the Capital Programme.

 

Proposed by Councillor Rod Truan (seconded by Councillor Mike Danvers) Cabinet:

 

RESOLVED that Cabinet:

 

A     Notes the outturn of the Council’s Housing and Non Housing Capital Programmes as at 31 March 2014 detailed as follows:

 

(i)            Housing Capital Programme expenditure of £24,846,000 against an approved revised budget of £26,297,000.

 

(ii)           Non Housing Capital Programme expenditure of £1,398,000 against an approved revised budget of £2,734,000.

 

B     Approves the carryover of Housing Capital programme schemes to 2014/15 of £1,101,000 to meet capital commitments.

 

C     Approves the carryover of Non Housing Capital Programme schemes to 2014/15 of £781,000 to meet capital commitments.

 

D     Recognises the operational performance which has been achieved across all Council services during 2013/14.

21.

Housing Revenue Account Outturn Report 2013/14 pdf icon PDF 48 KB

Decision:

RESOLVED that:

 

A     Cabinet acknowledges the HRA outturn at 2013/14 of an underspend of £654,000 on operational budgets representing a 1.24% variance against the budget. The overall underspend for the year was £1,089,000 including accounting adjustments in respect of the Housing Capital Programme representing a 2.06% variation.

 

B     The Housing Revenue Account working balance of £4,113,000 and the Major Repairs Reserve Balance of £2,417,000 at 31 March 2014 are noted.

 

C     Cabinet recognises the operational performance that has been achieved across all Council services during 2013/14.

Minutes:

The Cabinet received a report that summarised the year-end 2013/14 position of the Housing Revenue Account.

 

Proposed by Councillor Rod Truan (seconded by Councillor Mike Danvers) Cabinet:

 

RESOLVED that:

 

A     Cabinet acknowledges the HRA outturn at 2013/14 of an underspend of £654,000 on operational budgets representing a 1.24% variance against the budget. The overall underspend for the year was £1,089,000 including accounting adjustments in respect of the Housing Capital Programme representing a 2.06% variation.

 

B     The Housing Revenue Account working balance of £4,113,000 and the Major Repairs Reserve Balance of £2,417,000 at 31 March 2014 are noted.

 

C     Cabinet recognises the operational performance that has been achieved across all Council services during 2013/14.

22.

Communications from Committees/Working Groups/Parties and Panels

22a

Referral from Resources, Housing and Governance Overview Working Group - Translation Services Provided by the Council pdf icon PDF 10 KB

Additional documents:

Decision:

RESOLVED that:

 

A     The Council’s current service provider for translation services be maintained, with the same level of service.

 

B     All Council staff be reminded about the translation service, via the Council’s Infonet, to ensure that it continues to be used effectively.

 

C     The Council continues the current practice of not directly promoting a translation service for its leaflets and publications.

Minutes:

The Cabinet received a report from one of its Overview Working Groups, proposing measures relating to the Council’s translation service.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that:

 

A     The Council’s current service provider for translation services be maintained, with the same level of service.

 

B     All Council staff be reminded about the translation service, via the Council’s Infonet, to ensure that it continues to be used effectively.

 

C     The Council continues the current practice of not directly promoting a translation service for its leaflets and publications.

22b

Referral from Resources, Housing and Governance Overview Working Group - Review of the Council's Procurement of Housing Works pdf icon PDF 9 KB

Additional documents:

Decision:

RESOLVED that Officers will write to all housing service providers to:

 

A     Emphasise that the Council expects high standards of customer experience for tenants having work undertaken in their homes including clear channels of communication; and

 

B     Ask them to resource and prioritise development opportunities for the establishment of local apprentices.

Minutes:

The Cabinet received a report from one of its Overview Working Groups, proposing measures relating to the Council’s procurement of housing works.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that Officers will write to all housing service providers to:

 

A     Emphasise that the Council expects high standards of customer experience for tenants having work undertaken in their homes including clear channels of communication; and

 

B     Ask them to resource and prioritise development opportunities for the establishment of local apprentices.

22c

Referral from Audit and Standards Committee - Annual Governance Statement 2013/14 pdf icon PDF 9 KB

The Audit and Standards Committee will meet on 16 July 2014 and is expected to recommend that the Cabinet approves the Annual Governance Statement for 2013/14. Reports and papers for Audit Committee, 16 July 2014 are available to view from the Council’s website and will be made available to Cabinet members prior to the meeting.

Additional documents:

Decision:

RESOLVED that the Annual Governance Statement for 2013/14 is approved.

Minutes:

The Cabinet received a report from the Audit and Standards Committee, which asked that the Cabinet approve the Annual Governance Statement 2013/14.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that the Annual Governance Statement for 2013/14 is approved.

22d

Referral from Licensing Committee - Private Hire Drug Testing pdf icon PDF 9 KB

Additional documents:

Decision:

RESOLVED that the Cabinet receives a report at a future meeting on the proposal to stop random drug testing of private hire drivers.

Minutes:

The Cabinet received a report from the Licensing Committee, which proposed that the Council stop random drug testing of private hire drivers.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that the Cabinet receives a report at a future meeting on the proposal to stop random drug testing of private hire drivers.

22e

Reference from Audit & Standards Committee - ICT Backup and Security Strategy pdf icon PDF 9 KB

Additional documents:

Decision:

RESOLVED that a full ICT backup and recovery exercise is undertaken within the next three months.

Minutes:

The Cabinet received a report from the Audit and Standards Committee, which recommended that the Council conduct a full ICT backup and recovery exercise.

 

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

 

RESOLVED that a full ICT backup and recovery exercise is undertaken within the next three months.

23.

Minutes of Panels/Working Groups

To note the following draft minutes of Cabinet appointed bodies. Minutes remain draft until approved by the relevant body.

Minutes:

RESOLVED that the minutes of the following meetings are noted.

23a

Minutes of meeting Tuesday, 18 February 2014 of Harlow Local Highways Panel pdf icon PDF 47 KB

23b

Minutes of meeting Tuesday, 18 March 2014 of Resources, Housing and Governance Overview Working Group pdf icon PDF 24 KB

23c

Minutes of meeting Wednesday, 16 April 2014 of Harlow Local Highways Panel pdf icon PDF 30 KB

23d

Minutes of meeting Thursday, 1 May 2014 of Safety Committee pdf icon PDF 34 KB

23e

Minutes of meeting Tuesday 4 March 2014 of Housing Standards Board pdf icon PDF 61 KB

24.

Matters of Urgent Business

To deal with any matters of an urgent nature.

Minutes:

None.

25.

Exclusion of Press and Public

The Chairman will move that the following item be taken in private session on the grounds that it is likely to involve the disclosure of exempt information as specified under Paragraph 3 of Part One of Schedule 12A of the Local Government Act 1972, if and so long as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Minutes:

RESOLVED that the following item be taken in private session on the grounds that it is likely to involve the disclosure of exempt information as specified under Paragraph 3 of Part One of Schedule 12A of the Local Government Act 1972, if and so long as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

26.

Enterprise Zone - London Road North

Decision:

RESOLVED that recommendations A to C from the confidential report are agreed.

Minutes:

The Cabinet received a confidential report on options for progressing the Enterprise Zone at London Road North.

 

Proposed by Councillor Tony Durcan (seconded by Councillor Jon Clempner) Cabinet:

 

RESOLVED that recommendations A to C from the confidential report are agreed.