Agenda, decisions and minutes

The Leader of the Council, Councillor Jon Clempner, welcomed the decision, announced by the Chancellor today, that Harlow is to be the location for new £350m world-class Public Health England (PHE) labs. Councillor Clempner asked the Cabinet to note that the achievement was a result of the hard work of a number of groups from across parties and would help to create hundreds of high quality jobs in Harlow.

Apologies of absence were received from Councillors Emma Toal, Mark Wilkinson, Danny Purton and John Strachan.

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

To approve the minutes of the meeting held on 23 July 2015.

RESOLVED that the minutes of the meeting held on 23 July 2015 are agreed as a correct record and signed by the Leader.

Any matters arising from the minutes of the previous meeting.

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.

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

None.

Councillors are reminded that a briefing on this matter will take place at 7.30pm on Monday 14 September in the Council Chamber. This meeting will not be open to members of the public.

RESOLVED that:

A     The services currently provided by Kier Harlow Ltd be provided by the Council from the termination of the current contract between the Council andKier Harlow Ltd through a Local Authority Trading Company (LATC).

B    Subject to A above, all staff and assets transfer to the LATC as per the transition arrangements put in place for the termination of the current contract between the Council and Kier Harlow Ltd.

C    Subject to A above, Cabinet receives a report on the governance arrangements for the LATC at its meeting in October 2015.

D    Subject to A above, the Chief Executive, in consultation with the Leader ofthe Council, is delegated authority to negotiate and agree all matters in respect of the termination of the contract for the provision of services by KierHarlow Ltd, the transfer of the relevant assets and staff to the LATC, and allnecessary actions to ensure the successful commencement of the services through the LATC .

E     Subject to A above the Chief Executive, in consultation with the Leader of the Council, is delegated authority to negotiate and agree all matters in respect of the winding up/solvent liquidation of Kier Harlow Ltd.

F     Subject to A above Cabinet receives a report in 2020 to demonstrate that the LATC is achieving value for money.

The Cabinet received a report that proposed that following expiry of the Council’s contract with Kier Harlow Ltd on 31 January 2017, the services currently provided by Kier Harlow Ltd be provided by the Council through a Local Authority Trading Company (LATC).

During consideration of this item, attending press and members of the public were temporarily excluded to allow discussion of information of commercial sensitivity, through the following motion:

RESOLVED that part of this item is 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.

The exclusion motion was passed at 7.56pm; members of the press and public were invited to return to the meeting at 8.26pm.

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

RESOLVED that:

A         The services currently provided by Kier Harlow Ltd be provided by the Council from the termination of the current contract between the Council andKier Harlow Ltd through a Local Authority Trading Company (LATC).

B         Subject to A above, all staff and assets transfer to the LATC as per the transition arrangements put in place for the termination of the current contract between the Council and Kier Harlow Ltd.

C         Subject to A above, Cabinet receives a report on the governance arrangements for the LATC at its meeting in October 2015.

D         Subject to A above, the Chief Executive, in consultation with the Leader ofthe Council, is delegated authority to negotiate and agree all matters in respect of the termination of the contract for the provision of services by KierHarlow Ltd, the transfer of the relevant assets and staff to the LATC, and allnecessary actions to ensure the successful commencement of the services through the LATC .

E         Subject to A above the Chief Executive, in consultation with the Leader of the Council, is delegated authority to negotiate and agree all matters in respect of the winding up/solvent liquidation of Kier Harlow Ltd.

F          Subject to A above Cabinet receives a report in 2020 to demonstrate that the LATC is achieving value for money.

RESOLVED that Cabinet acknowledges the projected outturn position set out in sections three and four of Appendix A to the report submitted for the first quarter (April – June) of 2015/16 as follows:

(i)    A favourable variation on controllable budgets of £48,000, representing 0.07 per cent of the gross General Fund Budget.

(ii)  A total projected underspend of £15,000 representing 0.02 per cent of the gross General Fund Budget.

(iii)The Council performed on target or above target for 38 out of 45 (84.4 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 One 2015/16.

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

RESOLVED that Cabinet acknowledges the projected outturn position set out in sections three and four of Appendix A to the report submitted for the first quarter (April – June) of 2015/16 as follows:

(i)    A favourable variation on controllable budgets of £48,000, representing 0.07 per cent of the gross General Fund Budget.

(ii)  A total projected underspend of £15,000 representing 0.02 per cent of the gross General Fund Budget.

(iii) The Council performed on target or above target for 38 out of 45 (84.4 per cent) of performance indicators.

RESOLVED that:

A     The forecast net underspend of £160,000, comprised of a favourable operational variance of £273,000 and an adverse non operational variance of £113,000 (as identified in Appendix A of the report submitted) at 28 June 2015, be noted.

The HRA budget for 2015/16 totals £57,774,298 (as identified in Appendix B of the report submitted) including carryovers of £415,000, approved by Cabinet on 23 July 2015. The under spend therefore represents a variance of (-)0.28% of the total budget, with operational variances being (-)0.48% and non operational variances being 0.2% of the total budget.

B    The forecast balances at 31 March 2016, of £4,304,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as identified in Appendix C of the report submitted) are noted.

C    Cabinet approves a virement of £100,000 from various budgets within general management to the Right to Buy Social Mobility Fund Scheme to match fund a grant of £200,000 awarded by the Department of Communities and Local Government (as outlined in paragraph 5 of the report submitted).

The Cabinet received a report that reviewed the Council’s performance against its approved Housing Revenue Account for Quarter One 2015/16 and proposed a virement to enable a bid for external grant funding to be made.

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

RESOLVED that:

A      The forecast net underspend of £160,000, comprised of a favourable operational variance of £273,000 and an adverse non operational variance of £113,000 (as identified in Appendix A of the report submitted) at 28 June 2015, be noted.

The HRA budget for 2015/16 totals £57,774,298 (as identified in Appendix B of the report submitted) including carryovers of £415,000, approved by Cabinet on 23 July 2015. The under spend therefore represents a variance of (-)0.28% of the total budget, with operational variances being (-)0.48% and non operational variances being 0.2% of the total budget.

B      The forecast balances at 31 March 2016, of £4,304,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as identified in Appendix C of the report submitted) are noted.

C      Cabinet approves a virement of £100,000 from various budgets within general management to the Right to Buy Social Mobility Fund Scheme to match fund a grant of £200,000 awarded by the Department of Communities and Local Government (as outlined in paragraph 5 of the report submitted).

RESOLVED that Cabinet:

A     Notes the progress made in the delivery of the Council’s Housing and Non Housing Capital Programmes as at 28 June 2015 detailed as follows:

(i)    Housing Capital Programme expenditure of £3,708,000 against profiled expenditure of £3,456,000 and the projected outturn for 2015/16 of £27,049,000 (original estimate £26,772,000).

(ii)  Non Housing Capital Programme expenditure of £757,000 against profiled expenditure of £846,000 and a projected outturn for 2015/16 of £6,939,000 (original estimate £5,840,000).

B    Acknowledges the performance in delivering the capital programmes.

C    RECOMMENDS to Council that it approves:

(i)    The revised Housing Capital Programme outturn at Quarter One.

(ii)  The inclusion of four new business cases in the Non Housing Capital Programme totalling £107,000, as outlined in paragraph 28 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 One 2015/16 and proposed a number of additional business cases for the Non-Housing Capital Programme.

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

RESOLVED that Cabinet:

A     Notes the progress made in the delivery of the Council’s Housing and Non Housing Capital Programmes as at 28 June 2015 detailed as follows:

(i)    Housing Capital Programme expenditure of £3,708,000 against profiled expenditure of £3,456,000 and the projected outturn for 2015/16 of £27,049,000 (original estimate £26,772,000).

(ii)  Non Housing Capital Programme expenditure of £757,000 against profiled expenditure of £846,000 and a projected outturn for 2015/16 of £6,939,000 (original estimate £5,840,000).

B    Acknowledges the performance in delivering the capital programmes.

C    RECOMMENDS to Council that it approves:

(i)    The revised Housing Capital Programme outturn at Quarter One.

(ii)  The inclusion of four new business cases in the Non Housing Capital Programme totalling £107,000, as outlined in paragraph 28 of the report submitted.

RESOLVED that the Annual Treasury Management Report for 2014/15 is recommended to Full Council for approval.

The Cabinet received a report on the Council’s treasury management functions in 2014/15.

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

RESOLVED that the Annual Treasury Management Report for 2014/15 is recommended to Full Council for approval.

RESOLVED that the Council extends an existing contract to provide advice and support to the Council on the procurement process to appoint a development partner for the construction of a new Business/Science Park at London Road North, Harlow using the SELEP funding allocated to support the development of the Enterprise Zone. This contract will operate until 31 March 2016 and be capped at a maximum sum of £100,000.

The Cabinet received a report that proposed that the Council extend an existing contract to provide advice and support on the procurement process to appoint a development partner for the London Road North Enterprise Zone site.

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

RESOLVED that the Council extends an existing contract to provide advice and support to the Council on the procurement process to appoint a development partner for the construction of a new Business/Science Park at London Road North, Harlow using the SELEP funding allocated to support the development of the Enterprise Zone. This contract will operate until 31 March 2016 and be capped at a maximum sum of £100,000.

RESOLVED that authority is delegated to the Chief Operating Officer, in consultation with the Portfolio Holder for Governance, to approve the award of a Framework Agreement for specialist strategic procurement of legal services.

The Cabinet received a report that proposed a procurement process for specialist legal support.

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

RESOLVED that authority is delegated to the Chief Operating Officer, in consultation with the Portfolio Holder for Governance, to approve the award of a Framework Agreement for specialist strategic procurement of legal services.

Any reference arising from meetings held after the publication of this agenda will be circulated separately.  This is likely to include item (b) below.

RESOLVED that Cabinet approves the two additional items to the Cabinet Overview Working Group Work Plan 2015/16 as outlined in paragraph 2 of the report submitted.

The Cabinet received a report from its Overview Working Group requesting the addition of two items to its 2015/16 work plan.

RESOLVED that Cabinet approves the two additional items to the Cabinet Overview Working Group Work Plan 2015/16 as outlined in paragraph 2 of the report submitted.

RESOLVED that the 2014/15 Statement of Accounts is approved.

The Cabinet received a report from the Audit and Standards Committee, recommending that it approve the 2014/15 Statement of Accounts.

RESOLVED that the 2014/15 Statement of Accounts is approved.

RESOLVED that Cabinet acknowledge the Management Letter of Representation 2014/15.

The Cabinet received a report from the Audit and Standards Committee, recommending that it acknowledge the Management Letter of Representation 2014/15, which provides the Council’s written representation on matters where the auditor is relying on the judgement of management rather than corroborative evidence.

RESOLVED that Cabinet acknowledge the Management Letter of Representation 2014/15.

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.