Agenda and minutes

To confirm as correct records the Minutes of the meetings held on 5 and 26 April 2016 (previously circulated).

The Minutes of the meetings held on 5 and 26 April 2016 were approved as correct records and signed by the Chairman.

Report of the Director (Governance) on the status of actions agreed at the last Cabinet meeting.

The status of actions agreed at the Cabinet meeting on 5 April 2016 in the report of the Director (Governance) was noted.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

Councillor R.Trigg declared a non-pecuniary interest in Agenda item 19(a) – Selection of Registered Provider to Deliver Affordable Homes and Former Garages Sites as a Council representative on the Welwyn Hatfield Community Housing Trust and did not participate in the discussion on the item (Minute 16.1 refers).

To consider the following items:-

The following items were considered:-

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on adoption of the Plan for 2016/17.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on adoption of the Plan for 2016/17. 

It was a requirement of the Food Standards Agency that each local authority drew up and implemented a food safety service plan which was approved by Members.

RESOLVED:

That the Food Safety Service Plan for 2016/17 be approved and recommended to the Council for adoption.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on adoption of the Plan for 2016/17. 

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on adoption of the Plan for 2016/17. 

As an enforcing authority for the Health and Safety at Work etc Act 1974 it was necessary to produce a service plan which was agreed with Members dealing with the Council’s role as a health and safety regulator, not as an employer.

RESOLVED:

That the Health and Safety Service Plan 2016/17 be approved and recommended to the Council for adoption.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on approval of updated policy for the use of orange sacks.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on the approval of an updated recycling collections policy with the removal of the use of orange sacks for missed bins on the basis that this part of the policy had served its purpose.

RESOLVED:

That the updated recycling collections policy to remove the use of orange sacks for missed bins be approved and recommended to the Council for adoption on the basis that this part of the policy had served its purpose.

To consider the following items for decision in the current Forward Plan:-

The following items for decision in the current Forward Plan were considered:-

Report of the Director (Finance and Operations) on a strategic review of the Affordable Housing Programme.

Report of the Director (Finance and Operations) on a strategic review of the Affordable Housing Programme.

(1)       The Decision Taken

RESOLVED:

(1)       That the Vision Statement and key aims for the Affordable Housing Programme be agreed.

(2)       That the Delivery Plan for the Affordable Housing Programme 2016 to 2021 setting out the proposed delivery methods and funding principles be agreed.

(3)       That the progress of the Delivery Plan be monitored by the Cabinet Housing and Planning Panel as part of the regular reporting on the programme.

(4)       That Officers investigate in more detail the introduction of a Cash Incentive Scheme for Council tenants with the intention of presenting a future report to the Cabinet setting out the proposal in more detail.

(5)       That Officers investigate the introduction of a purchase and re - housing scheme for older owner occupiers with the intention of presenting a future report to the Cabinet setting out the proposal in more detail.

(2)       Reasons for the Decision

The Cabinet had agreed a range of methods to deliver the Council’s Affordable Housing Programme with the use of the allowed amounts of Right to Buy Receipts and where appropriate surpluses from the Housing Revenue Account.

A Strategic Review Task and Finish Group, chaired by the Executive Member (Housing, Planning and Community) had reviewed the current programme with its benefits and limitations and considered the potential to expand the delivery of affordable housing in the Borough whilst ensuring this was in line with the Council’s priorities and objectives.

The Task and Finish Group established a draft Vision Statement and a set of key aims for the programme with a delivery plan setting out in more detail the plans for development and acquisition of homes over the next five years.

(Note:  There were no declarations of interests by a Member(s) in respect of the matter decided.)

Report of the Director (Finance and Operations) on adjustments to the 2015/16 to 2016/17 capital budgets.

Report of the Director (Finance and Operations) recommending adjustments to previously agreed capital budget roll forwards.

(1)       The Decision Taken

RESOLVED:

That the adjustments to the 2015/16 and 2016/17 capital budgets be approved.

(2)       Reasons for the Decision

The capital budget roll forwards into 2016/17 were previously approved by the Cabinet and changes required by budget managers as a result of updated information from the closure of the accounts process were now highlighted.  Adjustments to the roll forwards were not an additional budget request for 2016/17, merely the re-profiling of budgets between 2015/16 and 2016/17.

(Note:  There were no declarations of interests by a Member(s) in respect of the matter decided.)

Recommendations from the meeting of the Environment Overview and Scrutiny on 4 April 2016:-

Recommendations from the meeting of the Environment Overview and Scrutiny on 4 April 2016:-

The Cabinet took this opportunity to express thanks to the Wood Wardens for all their work.

Revised management plan for the nature reserve for approval, following public consultation.

RESOLVED:

That the revised management plan for Northaw Great Wood Local Nature Reserve 2015 to 2020 be agreed and forwarded to the Forestry Commission and Natural England for approval, as recommended by the Environment Overview and Scrutiny Committee.

Revised management plan for the nature reserve for approval, following public consultation.

RESOLVED:

That the revised management plan for Sherrardspark Wood Local Nature Reserve 2015 to 2020 be agreed and forwarded to the Forestry Commission and Natural England for approval, as recommended by the Environment Overview and Scrutiny Committee.

Report of the Director (Chief Executive) presenting the draft statement for the financial year 2015/16.

Report of the Chief Executive, presenting the draft statement for the financial year 2015/16 for approval. 

RESOLVED:

(1)      That the draft Annual Governance Statement be approved for presentation to the Standards Committee on 4 July and the Audit Committee on 25 July 2016.

(2)      That the Chief Executive be authorised, in conjunction with the Leader of the Council, to make any subsequent amendments to the draft Annual Governance Statement necessitated by the comments made by both the Standards and Audit Committees.

(3)      That the Statement be certificated by the Leader of the Council and the Chief Executive.

Report of the Director (Finance and Operations) clarifying the position affecting the public realm in Hatfield Town Centre.

Report of the Director (Finance and Operations) clarifying the position affecting the public realm in Hatfield Town Centre.

RESOLVED:

That Option C in the report of dedication of surface rights to the Council be pursued if possible, but if legal advice did not support this route, then Option B in the report of securing a Stopping Up Order to extinguish highway rights be pursued for the control it would give to the Council over the town centre.

Report of the Director (Finance and Operations) collating and summarising key achievements and service improvements for the last quarter of 2015/16.

Report of the Director (Finance and Operations) collating and summarising key achievements and service improvements for the last quarter of 2015/16.

RESOLVED:

That the achievement list for the last quarter of 2015/16 be noted.

Report of the Director (Governance) on the current strategic and operational risks facing the Council.

Report of the Director (Governance) on the current top strategic and operational risks facing the Council.

RESOLVED:

That the current Strategic Risk Register and top operational risks be reviewed, particularly noting that controls were assigned ensuring that mitigation plans with the correct status were in place where necessary and comments made in respect of each risk where shown.

Report of the Director (Finance and Operations) summarising strategic performance data.

Report of the Director (Finance and Operations) summarising the Council’s performance data for the first quarter of 2016/17. 

RESOLVED:

That the performance data for the first quarter of 2016/17 be noted and any proposed actions highlighted approved.

The Cabinet is asked to resolve:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for items 19 to 23 and 24 (if any) on the grounds that they involve the likely disclosure of confidential or exempt information as defined in Section 100A(3) and Paragraph 3 (private financial or business information) and 5 (legal and professional privilege) of Part 1 of Schedule 12A of the said Act (as amended).

In resolving to exclude the public in respect of the exempt information, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PART II

RESOLVED:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for Agenda items 19 to 23 (Minutes 16 to 20) on the grounds that they involved the likely disclosure of confidential or exempt information as defined in Section 100A(3) and paragraphs 3 (private financial or business information) and 5 (legal and professional privilege) of Part 1 of Schedule 12A of the said Act (as amended). 

In resolving to exclude the public in respect of the exempt information, it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

To consider the following items of an exempt nature for decision in the current Forward Plan:-

The following items of an exempt nature for decision in the current Forward Plan were considered:-

Exempt report of the Director (Finance and Operations) on the delivery of new homes on former garage sites.

Exempt report of the Director (Finance and Operations) on the delivery of new homes on former garage sites.

(1)        The Decision Taken

RESOLVED:

(1)          That the selection of Welwyn Garden City Housing Association  to deliver twenty one new homes on the six former garage sites comprising of ten two bed houses, five two bed bungalows and six three bed houses at affordable rent levels to be set by agreement for individual properties between 50-80% of open market value be approved.

(2)          That the site disposals to Welwyn Garden City Housing Association to deliver the new homes to which the Council would obtain nomination rights be approved.

(3)          That authority be delegated to the Director (Finance and Operations), in consultation with the Executive Member (Planning, Housing and Community) and the Executive Member (Resources), to agree changes in the grant requirement or capital receipt offered if significant abnormal costs were demonstrated or other agreed unknown/unforeseen costs were incurred.

(2)       Reasons for the Decision

As part of the Council’s Affordable Housing Programme planning permission had been secured on six former garage sites for the delivery of new affordable homes.  The sites would deliver twenty one homes all of which would be affordable.

The sites were packaged together and tendered to the Council’s Registered Provider Framework Group and tenders assessed in terms of quality of development and financial requirements.

(Note:  Councillor R.Trigg declared an interest in this item – Minute 7 refers).

Exempt report of the Director (Finance and Operations) on the award of contract for this project.

Exempt report of the Director (Finance and Operations) on the award of contract for this refurbishment project.

(1)        The Decision Taken

RESOLVED:

That the contract for the refurbishment of White Lion House be awarded to Borras Construction Limited.

(2)        Reasons for the Decision

As part of the redevelopment of Hatfield Town Centre it had been agreed by the Cabinet that White Lion House would be refurbished to provide a relocation for both the Hatfield Housing Office and the Town Centre Hub. A procurement process had now taken place.

(Note:  There were no declarations of interests by a Member(s) in respect of the matter decided).

Exempt report of the Director (Governance) on an extension of the Contract.

Exempt report of the Director (Governance) on an extension of the current contract.

(1)        The Decision Taken

RESOLVED:

That the agency staff contract with Carlisle Staffing PLC be extended by six months until 28 February 2017 to allow options for the future to be considered.

(2)        Reasons for the Decision

The Cabinet had entered into a framework contract with Carlisle to provide agency staff as a call off from a framework contract let by Luton Borough Council from which this Council benefited from the economies of a larger contract.

(Note:  There were no declarations of interests by a Member(s) in respect of the matter decided).

Exempt report of the Director (Finance and Operations) on the award of contract for these services.

The reason for items (a) to (d) is that it is likely, in view of the nature of the business, that if members of the public were present exempt information (private financial or business information) would be disclosed.

Exempt report of the Director (Finance and Operations) on the award of contract for these services.

(1)        The Decision Taken

RESOLVED:

That a three year contract (with a possible one year extension) be awarded to European Electronique Ltd for these services.

(2)        Reasons for the Decision

The Council had a requirement to ensure that the data and voice network was continually monitored and if any incidents discovered that they were acted on.

With the impending expiry of the contract a procurement exercise had taken place.

(Note:  There were no declarations of interests by a Member(s) in respect of the matter decided).

Exempt report of the Director (Finance and Operations) on the review of bereavement services.

(Note:  The Chairman of the Environment Overview and Scrutiny Committees have been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of these items in the private section of the meeting because they were urgent and could not reasonably be deferred for the reasons specified).

The reason for this item is to enable a review of bereavement services for the Borough to proceed.

Exempt report of the Director (Finance and Operations) on the review of bereavement services.

RESOLVED:

That the Cabinet agrees to continue with the planning process, including public consultation, for the revised all inclusive services to meet the needs of the community and bereaved at the Lawn Cemetery in Hatfield. 

(Note:  The Chairman of the Environment Overview and Scrutiny Committee had been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of this item in the private section of the meeting because it was urgent and could not reasonably be deferred for the reason specified).

The reason for this item was to enable a review of bereavement services for the Borough to proceed.

Exempt report of the Director (Finance and Operations) on the procurement process for this contract.

(Note:  The Chairman of the Environment Overview and Scrutiny Committees have been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of these items in the private section of the meeting because they were urgent and could not reasonably be deferred for the reasons specified).

The reason for this item is to review the procurement process for this contract.

Exempt report of the Director (Finance and Operations) on the procurement process for this contract.

RESOLVED:

That it be noted that the agreement to award the contract to Bristol City Council had not been implemented for the reasons set out in the exempt report.

(Note:  The Chairman of the Environment Overview and Scrutiny Committee had been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of this item in the private section of the meeting because it was urgent and could not reasonably be deferred for the reason specified).

The reason for this item was to review the procurement process for this contract.

Exempt report of the Director (Finance and Operations) on an extension to the contract.

(Note:  The Chairman of the Environment Overview and Scrutiny Committees have been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of these items in the private section of the meeting because they were urgent and could not reasonably be deferred for the reasons specified).

The reason for this item is to grant an extension to the contract to deliver savings in the service to the Council.

Exempt report of the Director (Finance and Operations) on an extension to the contract.

RESOLVED:

That the CP Plus car parking service contract be extended for a further two years at the end of the initial term at 30 September 2017 to deliver savings over the total period from 1 April 2016 to September 2019. 

(Note:  The Chairman of the Environment Overview and Scrutiny Committee had been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of this item in the private section of the meeting because it was urgent and could not reasonably be deferred for the reason specified).

The reason for this item was to grant an extension to the contract to deliver savings in the service to the Council.

Exempt report of the meeting of the Panel on 7 April 2016 reviewing the Campus West Entertainment Complex.

(Note:  The Chairman of the Social Overview and Scrutiny Committees have been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of these items in the private section of the meeting because they were urgent and could not reasonably be deferred for the reasons specified).

The reason for this item is to enable a new business plan to be put in place to guide development of the complex to 2021.

Exempt report of the meeting of the Panel on 7 April 2016 reviewing the Campus West Entertainment Complex.

RESOLVED:

That the exempt Minutes of the meeting of the Campus West Cabinet Panel held on 7 April  2016 reviewing the Campus West Entertainment Complex be noted.

(Note:  The Chairman of the Social Overview and Scrutiny Committee had been given notice in accordance with Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that it was impracticable to comply with the requirement that at least twenty eight days notice must be given of the consideration of this item in the private section of the meeting because it was urgent and could not reasonably be deferred for the reason specified).

The reason for this item was to enable a new business plan to be put in place to guide development of the complex to 2021.