Agenda, decisions and minutes

Watch footage of this Cabinet meeting.

Apologies were received from Councillors Emma Toal and Mark Wilkinson.

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

To approve the minutes of the meeting held on 26 February 2015.

RESOLVED that the minutes of the meeting held on 26 February 2015 are agreed as a correct record and signed by the Leader.

Any matters arising from the minutes of the previous meeting.

Further to minute 130 – Council Tax Discretionary Reduction in Liability Policy and Local NNDR Transitional Relief – Councillor Mike Danvers reported that he had investigated the proposal to offer additional Council Tax discounts to special constables and members of the armed forces, but he had concluded it was not practical to include such measures in the Council Tax Discretionary Reduction in Liability Policy.

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

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

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

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.

RESOLVED that the Forward Plan is noted.

Watch footage of agenda item 8.

There have not been any decisions taken by Portfolio Holders under delegated powers since the last meeting of the Cabinet.

None.

RESOLVED that:

A     The current domestic waste and recycling collection service contract is extended by two years to June 2018.

subject to

B    Authority is delegated to the Chief Operating Officer in consultation with the Portfolio Holder for Environment to negotiate and agree the terms of, and subject to satisfactory conclusion of these negotiations, conclude formal arrangements to effect the extension of the contract.

The Cabinet received a report that proposed that the Council’s current domestic waste and recycling collection service contract be extended.

The Cabinet received a further update to the report submitted, informing it that Veolia Environmental Services (VES) had today (Thursday 26 March 2015) informed the Council that, due to a significant anticipated increase in its processing costs for dry recyclate, it was unable to extend the waste and recycling contract on the basis previously agreed. Officers advised that further negotiation should take place with VES prior to any agreement on a contract extension.

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

RESOLVED that:

A     The current domestic waste and recycling collection service contract is extended by two years to June 2018.

subject to

B    Authority is delegated to the Chief Operating Officer in consultation with the Portfolio Holder for Environment to negotiate and agree the terms of, and subject to satisfactory conclusion of these negotiations to conclude formal arrangements to effect, the extension of the contract.

Watch footage of agenda item 10.  

RESOLVED that:

A     Options 4, 6 and 7 from the report submitted for the future delivery of the services currently provided by Kier Harlow Ltd are shortlisted for further analysis and development of procurement strategies.

B    Cabinet will receive a further report in July 2015 to determine the final option and procurement strategy.

The Cabinet received a report that explored several options for how the Council could procure and deliver services currently provided by the Joint Venture Company, from 1 February 2017.

Proposed by Councillor Jon Clempner (seconded by Councillor Rod Truan) Cabinet:

RESOLVED that:

A     Options 4, 6 and 7 from the report submitted for the future delivery of the services currently provided by Kier Harlow Ltd are shortlisted for further analysis and development of procurement strategies.

B    Cabinet will receive a further report in July 2015 to determine the final option and procurement strategy.

Watch footage of agenda item 11.  

RESOLVED that Cabinet acknowledges the projected outturn position set out in section three of the Appendix to the report submitted for the third quarter (October – December) of 2014/15 as follows:

      i.        A projected under-spend on controllable budgets of £252,000, representing -0.38 per cent of the gross General Fund budget.

    ii.        A total projected under-spend of £300,000 representing -0.45 per cent of the gross General Fund budget.

   iii.        The Council performed on or above target for 42 out of 48 (86 per cent) of performance indicators.

The Cabinet received a report that reviewed performance against the Council’s approved General Fund Budget and Corporate Plan for Quarter Three 2014/15.

Proposed by Councillor Jon Clempner (seconded by Councillor Mike Danvers) it was:

RESOLVED that Cabinet acknowledges the projected outturn position set out in section three of the Appendix to the report submitted for the third quarter (October – December) of 2014/15 as follows:

                      i.        A projected under-spend on controllable budgets of £252,000, representing -0.38 per cent of the gross General Fund budget.

                    ii.        A total projected under-spend of £300,000 representing -0.45 per cent of the gross General Fund budget.

                   iii.        The Council performed on or above target for 42 out of 48 (86 per cent) of performance indicators.

Watch footage of agenda item 12.  

RECOMMENDED that Cabinet acknowledges the projected outturn position for the third quarter (October – December) of 2014/15 as follows:

(i)    The forecast net underspend of £5,435,000 comprised of operational variances of £749,000 and non-operational variances of £4,686,000 (as set out in Appendix A of the report submitted).

(ii)  The HRA budget for 2014/15 totals £51,383,730 (as set out in Appendix B of the report submitted) and the under spend therefore represents a variance of 10.58% of the total budget, with operational variances being 1.46% and non-operational variances being 9.12% of the total budget.

(iii) The forecast balances at 31 March 2015, of £10,135,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as set out in Appendix C of the report submitted).

The Cabinet received a report that reviewed the Council’s performance against its approved Housing Revenue Account for Quarter Three 2014/15.

Proposed by Councillor Rod Truan (seconded by Councillor Tony Durcan) it was:

RESOLVED that Cabinet acknowledges the projected outturn position for the third quarter (October – December) of 2014/15 as follows:

(i)    The forecast net underspend of £5,435,000 comprised of operational variances of £749,000 and non-operational variances of £4,686,000 (as set out in Appendix A of the report submitted).

(ii)  The HRA budget for 2014/15 totals £51,383,730 (as set out in Appendix B of the report submitted) and the under spend therefore represents a variance of 10.58% of the total budget, with operational variances being 1.46% and non-operational variances being 9.12% of the total budget.

(iii) The forecast balances at 31 March 2015, of £10,135,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as set out in Appendix C of the report submitted).

Watch footage of agenda item 13.  

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position for the third quarter (October – December) of 2014/15 as follows:

(i)    Housing Capital Programme expenditure of £13,722,000 against profiled expenditure of £13,830,000 and the projected outturn for 2014/15 of £24,813,000.

(ii)  Non Housing Capital Programme expenditure of £1,297,000 against profiled expenditure of £1,761,000 and a projected outturn for 2014/15 of £3,687,000.

B    Approves the inclusion of capital business cases in the Non Housing Capital Programme as detailed in paragraphs 33 and 34 of the report submitted.

The Cabinet received a report that reviewed the Council’s performance against its approved Housing and Non-Housing Capital Programmes for Quarter Three 2014/15 and proposed business cases to be included in the Non Housing Capital Programme.

Proposed by Councillor Mike Danvers (seconded by Councillor Rod Truan) it was:

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position for the third quarter (October – December) of 2014/15 as follows:

(i)    Housing Capital Programme expenditure of £13,722,000 against profiled expenditure of £13,830,000 and the projected outturn for 2014/15 of £24,813,000.

(ii)  Non Housing Capital Programme expenditure of £1,297,000 against profiled expenditure of £1,761,000 and a projected outturn for 2014/15 of £3,687,000.

B    Approves the inclusion of capital business cases in the Non Housing Capital Programme as detailed in paragraphs 33 and 34 of the report submitted.

Watch footage of agenda item 14.  

RESOLVED that:

A     Authority is delegated to the Chief Operating Officer, in consultation with the Portfolio Holder for Regeneration and Enterprise, to approve the award of a Framework Agreement and a two year contract, to be called-off under the terms of the Framework Agreement, to the most economically advantageous tenderer.

B    Approval is granted to extend the current contract for a period of up to two months to allow sufficient time for conclusion of the Standstill Period, mobilisation of the new contract and completion of the formalities.

The Cabinet received a report that summarised a tender exercise for the procurement of electrical and planned maintenance works.

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

RESOLVED that:

A     Authority is delegated to the Chief Operating Officer, in consultation with the Portfolio Holder for Regeneration and Enterprise, to approve the award of a Framework Agreement and a two year contract, to be called-off under the terms of the Framework Agreement, to the most economically advantageous tenderer.

B    Approval is granted to extend the current contract for a period of up to two months to allow sufficient time for conclusion of the Standstill Period, mobilisation of the new contract and completion of the formalities.

Watch footage of agenda item 15.  

RESOLVED that the following works packages are awarded to Kier Harlow Ltd through the SCAPE Procure National Minor Works Framework and that separate contracts are entered into for each activity, subject to clarification and agreement on the terms and conditions for works not exceeding the values set out below:

a) Windows and Doors 1 £1,900,000

b) Windows and Doors 2 £1,200,188

c) Disabled Adaptations £809,000

d) Internal Modern Homes £626,612

e) Garage Strategy £858,000

f) Heating & Electrical Works £400,000

g) Health and Safety Work £70,000

TOTAL £5,863,800

The Cabinet received a report proposing that a series of works packages are awarded to Kier Harlow Ltd through the SCAPE Procure National Minor Works Framework.

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

RESOLVED that the following works packages are awarded to Kier Harlow Ltd through the SCAPE Procure National Minor Works Framework and that separate contracts are entered into for each activity, subject to clarification and agreement on the terms and conditions for works not exceeding the values set out below:

a) Windows and Doors 1 £1,900,000

b) Windows and Doors 2 £1,200,188

c) Disabled Adaptations £809,000

d) Internal Modern Homes £626,612

e) Garage Strategy £858,000

f) Heating & Electrical Works £400,000

g) Health and Safety Work £70,000

TOTAL £5,863,800

Watch footage of agenda item 16.  

RESOLVED that:

A     The initiative to develop greater understanding of Hate Crime in Harlow through the production of a leaflet that could be utilised in schools and other public bodies in regular contact with members of the public, is approved.

B    The Safer Harlow Partnership is requested to obtain an up to date and detailed analysis of Hate Crime and investigate any trends revealed by that data which might inform further partnership approaches to address these issues.

C    The Safer Harlow Partnership is requested to prioritise Hate Crime inrecognition of the rise in incidents.

D    The Harlow Arts Trust be asked to explore the possibility of the Anne Frank Exhibition in the Gibberd Gallery.

The Cabinet received a report from the Scrutiny Committee that advised of the outcome of its review of Hate Crime in Harlow and made recommendations for how it could be tackled and reduced.

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

RESOLVED that:

A     The initiative to develop greater understanding of Hate Crime in Harlow through the production of a leaflet that could be utilised in schools and other public bodies in regular contact with members of the public, is approved.

B    The Safer Harlow Partnership is requested to obtain an up to date and detailed analysis of Hate Crime and investigate any trends revealed by that data which might inform further partnership approaches to address these issues.

C    The Safer Harlow Partnership is requested to prioritise Hate Crime inrecognition of the rise in incidents.

D    The Harlow Arts Trust be asked to explore the possibility of the Anne Frank Exhibition in the Gibberd Gallery.

Watch footage of agenda item 17(a).  

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

RESOLVED that the minutes of the following meetings are noted.

To deal with any matters of an urgent nature.

None.

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).

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 three 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).

RESOLVED that:

A     Authority to complete the negotiations on the detailed terms for the release of the covenant on Ram Gorse and the freehold acquisition of Latton Farm  as set out in the confidential report submitted is delegated to the Head of Place in consultation with the Portfolio Holder for Regeneration and Enterprise.

B    Subject to the negotiations referred to in A above being successfully concluded, the Council completes the freehold acquisition of Latton Farm and releases the covenant on Ram Gorse and enters into such ancillary agreements as may be appropriate and necessary to deliver the Ram Gorse housing development and the new rugby facilities at Latton Farm.

The Cabinet received a confidential report that proposed agreements to allow the release of the covenant on Ram Gorse and acquisition of land at Latton Farm, to help delivery of the Ram Gorse housing development and new rugby club facilities at Latton Farm.

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

RESOLVED that:

A     Authority to complete the negotiations on the detailed terms for the release of the covenant on Ram Gorse and the freehold acquisition of Latton Farm as set out in the confidential report submitted is delegated to the Head of Place in consultation with the Portfolio Holder for Regeneration and Enterprise.

B    Subject to the negotiations referred to in A above being successfully concluded, the Council completes the freehold acquisition of Latton Farm and releases the covenant on Ram Gorse and enters into such ancillary agreements as may be appropriate and necessary to deliver the Ram Gorse housing development and the new rugby facilities at Latton Farm.