Agenda, decisions and minutes
Venue: Council Chamber, District Offices, College Heath Road, Mildenhall, Bury St Edmunds IP28 7EY
Contact: Sharon Turner: Democratic Services Officer
Email: sharon.turner@westsuffolk.gov.uk
Items
No. |
Item |
29. |
Apologies for Absence
Minutes:
Apologies for absence had been received from
Councillors Carol Bull, Alaric Pugh and Peter Stevens.
|
30. |
Minutes PDF 161 KB
To confirm the minutes of the meeting held on
24 July 2018 (copy attached).
Minutes:
The minutes of the meeting held on 24 July
2018 were confirmed as a correct record and signed by the
Chairman.
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31. |
Open Forum
At each Joint Executive (Cabinet) Committee
meeting, up to 15 minutes shall be allocated for questions from and
discussion with, non-Cabinet members.
Members wishing to speak during this session should if possible,
give notice in advance. Who speaks and
for how long will be at the complete discretion of the person
presiding.
Minutes:
No non-Cabinet Members in attendance wished to
speak under this item.
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32. |
Public Participation
Members of the public who live or work in the
Borough/District are invited to put one question or statement of
not more than three minutes duration relating to items to be
discussed in Part 1 of the agenda only.
If a question is asked and answered within three minutes, the
person who asked the question may ask a supplementary question that
arises from the reply.
A person who wishes to speak must register at
least 15 minutes before the time the meeting is scheduled to
start.
There is an overall time limit of 15 minutes
for public speaking, which may be extended at the Chairman’s
discretion.
Minutes:
There were no questions/statements from
members of the public.
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33. |
Reports of the Performance and Audit Scrutiny Committees
Minutes:
The reports of the FHDC and SEBC Performance
and Audit Scrutiny Committees were received and noted as contained
in Minute Nos: 34(a), 34(b) and 34(c) below.
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34. |
Forest Heath and St Edmundsbury (Informal Joint) Performance and Audit Scrutiny Committee's: 25 July 2018 PDF 144 KB
Report No:
CAB/JT/18/022
Portfolio Holders: FHDC Cllr
Stephen Edwards and SEBC Cllr Ian Houlder
Chairmen of the
Committee’s: FHDC Cllr Louis Busuttil and SEBC Cllr Sarah
Broughton
Lead Officer: Christine
Brain
Minutes:
(Report No:
CAB/JT/18/022)
The Joint Committee received and noted this
report, which informed Members of the following substantive items
discussed by the FHDC/SEBC Performance and Audit Scrutiny
Committees at their informal joint meeting on 25 July 2018:
(1)
2018-2019 Performance Report – Quarter 1.
(2)
West Suffolk Strategic Risk Register Monitoring Report – June
2018.
(3)
Work Programme Update.
(4)
Approach to Delivering a Sustainable West Suffolk Budget 2019-2020
and Medium Term Plan.
(5)
Appointment of Auditors for West Suffolk Council.
Items (4) and (5) above would be considered by
the Shadow Executive (Cabinet), at its meeting on 18 September
2018.
Councillor Sarah Broughton, Chairman of
SEBC’s Performance and Audit Scrutiny Committee drew relevant
issues to the attention of the Joint Committee.
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34a |
Forest Heath Performance and Audit Scrutiny Committee: 25 July 2018 PDF 150 KB
Report No:
CAB/JT/18/023
Portfolio Holder: FHDC Cllr
Stephen Edwards
Chairman of the Committee: FHDC
Cllr Louis Busuttil
Lead Officer: Christine
Brain
Minutes:
(Report No:
CAB/JT/18/023)
The Joint Committee received and noted this
report, which informed Members of the following substantive items
discussed by FHDC’s Performance and Audit Scrutiny Committee
on 25 July 2018:
(1)
Ernst and Young – Presentation of 2017-2018 ISA 260
(2)
West Suffolk Annual Governance Statement 2017-2018.
(3)
2017-2018 Statement of Accounts.
(4)
Annual Treasury Management Report 2017-2018 and Investment Activity
(April – June 2018).
On behalf of FHDC Councillor
Simon Cole, Councillor Stephen Edwards, FHDC Portfolio Holder for
Resources and Performance, drew relevant issues to the attention of
Members, including that recommendations emanating from Item (4)
above, would be the subject of a separate report later on the Joint
Committee agenda.
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34b |
St Edmundsbury Performance and Audit Scrutiny Committee: 25 July 2018 PDF 87 KB
Report No: CAB/JT/18/024
Portfolio Holder: SEBC Cllr Ian
Houlder
Chairman of the Committee: SEBC
Cllr Sarah Broughton
Lead Officer: Christine
Brain
Minutes:
(Report No:
CAB/JT/18/024)
The Joint Committee received and noted this
report, which informed Members of the following substantive items
discussed by SEBC’s Performance and Audit Scrutiny Committee
on 25 July 2018:
(1)
Ernst and Young – Presentation of 2017-2018 ISA 260
(2)
West Suffolk Annual Governance Statement 2017-2018.
(3)
2017-2018 Statement of Accounts.
(4)
Annual Treasury Management Report 2017-2018 and Investment Activity
(April – June 2018).
Councillor Sarah Broughton,
Chairman of the SEBC Performance and Audit Scrutiny Committee, drew
relevant issues to the attention of Members, including that
recommendations emanating from Item (4) above, would be the subject
of a separate report later on the Joint Committee
agenda.
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35. |
Recommendations of the Forest Heath Performance and Audit Scrutiny Committee: 25 July 2018 - Annual Treasury Management Report 2017/2018 and Investment Activity (1 April to 30 June 2018) PDF 146 KB
Report No: CAB/JT/18/025
Portfolio Holder: FHDC Cllr
Stephen Edwards
Chairman of the Committee: FHDC
Cllr Louis Busuttil
Lead Officer: Rachael
Mann
Decision:
RECOMMENDED TO FHDC COUNCIL: (26 September
2018)
That, subject to the approval of Council, the
Annual Treasury Management Report for 2017-2018, attached as
Attachment 1 to Report No: PAS/FH/18/028, be approved.
Minutes:
(Report No:
CAB/JT/18/025)
The Joint Committee considered
this report which sought consideration of the Annual Treasury
Management Report for 2017-2018 prior to seeking its approval by
Council.
The report also summarised the
investment activities for the year 2017-2018 and provided a summary
of the investment activities for the first three months of the
2018-2019 financial year.
RECOMMENDED TO FHDC COUNCIL: (26 September 2018)
That, subject to the
approval of Council, the Annual Treasury Management Report for
2017-2018, attached as Attachment 1 to Report No: PAS/FH/18/028, be
approved.
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36. |
Recommendations of the St Edmundsbury Performance and Audit Scrutiny Committee: 25 July 2018 - Annual Treasury Management Report 2017/2018 and Investment Activity (1 April to 30 June 2018) PDF 84 KB
Report No: CAB/JT/18/026
Portfolio Holder: SEBC Cllr Ian
Houlder
Chairman of the Committee: SEBC
Cllr Sarah Broughton
Lead Officer: Rachael
Mann
Decision:
RECOMMENDED TO SEBC COUNCIL: ( 25 September
2018)
That, subject to the approval of Council, the
Annual Treasury Management Report for 2017-2018, attached as
Appendix 1 to Report No: TMS/SE/18/003, be approved.
Minutes:
(Report No:
CAB/JT/18/026)
The Joint Committee considered
this report which sought consideration of the Annual Treasury
Management Report for 2017-2018 prior to seeking its approval by
Council.
The report also summarised the
investment activities for the year 2017-2018 and provided a summary
of the investment activities for the first three months of the
2018-2019 financial year.
RECOMMENDED TO SEBC COUNCIL: ( 25 September 2018)
That, subject to the
approval of Council, the Annual Treasury Management Report for
2017-2018, attached as Appendix 1 to Report No: TMS/SE/18/003, be
approved.
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37. |
Mildenhall Hub PDF 140 KB
Report No: CAB/JT/18/027
Portfolio Holder: FHDC Cllr
James Waters
Lead Officer: Alex
Wilson
Decision:
RECOMMENDED TO FHDC COUNCIL:
(26 September 2018)
That:-
1.
On the basis set out in the exempt Appendix to
Report No: CAB/JT/18/027, the final cost plan for the Mildenhall
Hub project (including renewables and health facilities) be
approved, and contractor appointments be made, subject to it still
achieving at least the net revenue position previously agreed in
2017; and
2.
The Council’s Section 151 Officer make any
necessary changes to the Council’s prudential indicators as a
result of recommendation 1. above.
Minutes:
(Report No: CAB/JT/18/027)
The Joint Committee considered
this report which reviewed the financial model for the Mildenhall
Hub project before completion of the procurement of the main
construction contract in Autumn 2018.
At the time of writing the
report, the final cost plan was still under preparation, with
market-testing of sub-contractor packages taking place and being
appraised. However, it was intended
that a cost plan would be available before the FHDC Council meting
on 26 September 2018. It was also
intended to appoint the selected contractor at the end of September
2018, so that they could mobilise for a start on site in October
2018. These timings were important to
maintain the programme in relation to completing works in 2020,
with still some contingency around the school opening
date.
RECOMMENDED TO FHDC COUNCIL: (26 September
2018)
That:-
1.
On the basis set out in the exempt Appendix to
Report No: CAB/JT/18/027, the final cost plan for the Mildenhall
Hub project (including renewables and health facilities) be
approved, and contractor appointments be made, subject to it still
achieving at least the net revenue position previously agreed in
2017; and
2.
The Council’s Section 151 Officer make any
necessary changes to the Council’s prudential indicators as a
result of recommendation 1. above.
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38. |
Habitats Regulations Assessment (HRA) Report PDF 154 KB
Report No: CAB/JT/18/028
Portfolio Holder: FHDC Cllr
Lance Stanbury
Lead Officer: Marie
Smith
Additional documents:
Decision:
RECOMMENDED TO FHDC COUNCIL:
(26 September 2018)
That:-
1.
The Council, as competent authority,
undertake an Appropriate Assessment.
2.
The procedural changes required following the
European court ruling, be confirmed.
3.
The HRA Addendum to the HRAs of the Forest Heath SIR
and SALP (modification stage) (June 2018) be endorsed.
4.
Having regard to the HRA as a whole, the Council is
satisfied that the FHDC Local Plan (SIR and SALP) will not have
adverse effects on the integrity of any European site.
Minutes:
(Report No: CAB/JT/18/028)
The Joint Committee received
this report which sought approval to the procedural changes to the
Habitats Regulations Assessment (HRA) Report which supported the
Forest Heath Local Plan. The changes
were required following a new European Court legal ruling relating
to the consideration of mitigation measures.
The implication of the CJEU
Judgment was that competent authorities cannot take account of any
integrated or additional avoidance or reduction measures when
considered, at the screening stage, whether the plan or project was
likely to have an adverse effect on a European Site. Such measures could, however, be brought into
account at the Appropriate Assessment (AA) stage, provided there
was sufficient certainty about their effects and
deliverability.
The report explained that the
HRA work that supported the Forest Heath Single Issue Review (SIR)
and the Site Allocations Local Plan (SALP) reflected the approach
that had been endorsed by the UK domestic courts and so had taken
into account mitigation measures when determining whether potential
adverse effect on the relevant European sites could be
‘screened out’ at the initial stage as having no likely
significant effects on those sites.
Following the CJEU Judgment, the work was then carefully reviewed
in the HRA Addendum (June 2018) which had been produced by the
Council’s consultants and was attached at Appendix 1 to the
report.
RECOMMENDED TO FHDC COUNCIL:
(26 September 2018)
That:-
1.
The Council, as competent authority,
undertake an Appropriate Assessment.
2.
The procedural changes required following the
European court ruling, be confirmed.
3.
The HRA Addendum to the HRAs of the Forest Heath SIR
and SALP (modification stage) (June 2018), attached as Appendix 1
to Report No: CAB/JT/18/028, be endorsed.
4.
Having regard to the HRA as a whole, the Council is
satisfied that the FHDC Local Plan (SIR and SALP) will not have
adverse effects on the integrity of any European site.
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39. |
Suffolk 100% Business Rates Retention Pilot - West Suffolk Place Based Projects Update PDF 168 KB
Report No: CAB/JT/18/029
Portfolio Holders: FHDC Cllr
James Waters and SEBC Cllr John Griffiths;
FHDC Cllr Stephen Edwards and
SEBC Cllr Ian Holder
Lead Officer: Rachael
Mann
Minutes:
(Report No:
CAB/JT/18/029)
The Joint Committee received and noted this
report, which provided an update on the West Suffolk place based
projects under the 2018/2019 100% Business Rates Retention (BRR)
Pilot for Suffolk, along with an update on the Government’s
intentions regarding pilots for 2019/2020 and the new 75% retention
scheme from 2020.
The West Suffolk ‘Place Based’
projects under the 2018/2019 pilot totalled £1.65m (as set
out within paragraphs 4.3 to 4.18 of the report). Further project proposals from the fund were in
development and an update would be provided to Members in due
course.
On 24 July 2018, the Government published the
2019/2020 business rates retention pilot prospectus inviting local
authorities in England to apply to become 75% business rates
retention pilots in 2019/2020. The
Government had previously announced the aim of introducing a 75%
business rates retention of how local authorities could best
transition into the new system in 2020.
Applications for the 2019/2020 piloting
programme were now open and would close on 25 September
2018. West Suffolk continued to work
across Suffolk looking at whether there was an opportunity to
further extend the Suffolk Business Rates Pilot into 2019/2020.
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40. |
Exemption to Contract Procedure Rules: Compactors for West Suffolk Hospital Waste Contract
Portfolio Holders:
FHDC Cllr David Bowman and SEBC Cllr Peter Stevens
Lead Officer: Mark
Walsh
Summary and Reason
for Recommendation:
Purchase of three portable waste compaction
machines
Section 4.3 of the
West Suffolk Contract Procedure Rules state that: Between
£50,001 and the EU Threshold any exemption must be approved
by the Officer and the relevant Assistant Director in consultation
with the Assistant Director for Resources and Performance. The
Officer must produce evidence to support the request for any
exemption and the relevant Assistant Director shall prepare a
report for the next Cabinet to support the action taken, hence this
agenda item.
The exemption, which
was exercised on 30 July 2018, the reason for it (together with
support evidence) has been be forwarded to the Assistant Director
for Resources and Performance for approval.
The West Suffolk
Councils have been successful in their bid to provide West Suffolk
Hospital Trust with waste disposal services in a bespoke
operation. Due to the short lead time
between award of contract and commencement of operations, there was
insufficient time to run the specified procurement process. An
expeditious informal quotation exercise has been carried out to
establish the best value option for the Council.
Three portable waste
compaction machines have been purchased from supplier,
Enviro-Tek Limited. This supplier was chosen on the basis of cost and
their ability to provide the requisite number of machines in the
timeframe necessary to commence servicing the contract. An evaluation has been undertaken based on
information sourced from four suppliers taking into account not
only the purchase price but ongoing service costs. The compactors
will remain the property of the Council and their cost will be
recovered from the customer through a hire charge over the lifetime
of the contract (three years with an option to extend by a further
two).
The estimated total
value of the exemption is £68,000 and was made under the
following exemption criteria, as stated in Section 4.5 of the
Contract Procedure Rules:
Exemption category
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The
items to be supplied consist of goods or services which are
currently in use and are required for the purposes of
standardisation.
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The machines will provide the
Trust with their own type specification and will be replacing the
existing machines currently on site.
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The
specialised nature of the goods, services to supplied or the works
to be executed means that only one suitable supplier has been
identified or is available.
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This is partly correct in so
much that the supplier has been selected based on their ability to
supply the appropriate machines in the limited timescale available
to the Councils and also the price has been taken into
consideration.
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Unforeseen works where delay will adversely impact on the
service delivery for the Councils.
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This is correct in so much as
inability to mobilise for a new contract.
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Recommendation:
The Joint Executive
(Cabinet) Committee is requested to NOTE this exemption to
the West Suffolk Contract Procedure Rules, as contained in
FHDC’s and SEBC’s Constitutions.
Minutes:
Purchase of three portable waste compaction
machines
Section 4.3 of the
West Suffolk Contract Procedure Rules stated that:
Between £50,001 and the EU
Threshold any exemption must be approved by the Officer and the
relevant Assistant Director in consultation with the Assistant
Director for Resources and Performance. The Officer must produce
evidence to support the request for any exemption and the relevant
Assistant Director shall prepare a report for the next Cabinet to
support the action taken, hence this agenda item.
The exemption, which
was exercised on 30 July 2018, the reason for it (together with
support evidence) had been be forwarded to the Assistant Director
for Resources and Performance for approval.
The West Suffolk
Councils had been successful in their bid to provide West Suffolk
Hospital Trust with waste disposal services in a bespoke
operation. Due to the short lead time
between award of contract and commencement of operations, there was
insufficient time to run the specified procurement process. An
expeditious informal quotation exercise had been carried out to
establish the best value option for the Council.
Three portable waste
compaction machines had been purchased from supplier,
Enviro-Tek Limited. This supplier was chosen on the basis of cost and
their ability to provide the requisite number of machines in the
timeframe necessary to commence servicing the contract. An evaluation had been undertaken based on
information sourced from four suppliers taking into account not
only the purchase price but ongoing service costs. The compactors
would remain the property of the Council and their cost would be
recovered from the customer through a hire charge over the lifetime
of the contract (three years with an option to extend by a further
two).
The estimated total
value of the exemption was £68,000 and was made under the
following exemption criteria, as stated in Section 4.5 of the
Contract Procedure Rules:
Exemption category
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|
The
items to be supplied consist of goods or services which are
currently in use and are required for the purposes of
standardisation.
|
The machines will provide the
Trust with their own type specification and will be replacing the
existing machines currently on site.
|
The
specialised nature of the goods, services to supplied or the works
to be executed means that only one suitable supplier has been
identified or is available.
|
This is partly correct in so
much that the supplier has been selected based on their ability to
supply the appropriate machines in the limited timescale available
to the Councils and also the price has been taken into
consideration.
|
Unforeseen works where delay will adversely impact on the
service delivery for the Councils.
|
This is correct in so much as
inability to mobilise for a new contract.
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The Joint Executive
(Cabinet) Committee noted this exemption to the West Suffolk
Contract Procedure Rules, as contained in FHDC’s and
SEBC’s Constitutions.
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41. |
Forest Heath and St Edmundsbury Decisions Plans
Minutes:
The Forest Heath and St Edmundsbury Decisions
Plans were received and noted as contained in Minute Nos: 42(a) and
42(b) below.
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42a |
Forest Heath Decisions Plan: 1 September 2018 to 31 March 2019 PDF 118 KB
To consider the most recently published
version of Forest Heath’s Cabinet Decisions Plan.
Report No:
CAB/JT/18/030
Portfolio Holder: FHDC Cllr
James Waters
Lead Officer: Ian
Gallin
Minutes:
(Report No:
CAB/JT/18/030)
The Joint Committee received this report,
which was Forest Heath District Council’s (FHDC) Executive
Decisions Plan covering the period 1 September 2018 to 31 March
2019.
Members took the opportunity to review the
intended forthcoming decisions of FHDC’s Cabinet, its Joint
Committees, Portfolio Holders and Officers under delegated
authority. However, no further
information or amendments were required on this occasion.
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42b |
St Edmundsbury Decisions Plan: 1 September 2018 to 31 March 2019 PDF 127 KB
To consider the most recently published
version of St Edmundsbury’s
Cabinet Decisions Plan.
Report No:
CAB/JT/18/031
Portfolio Holder: SEBC Cllr
John Griffiths
Lead Officer: Ian
Gallin
Minutes:
(Report No:
CAB/JT/18/031)
The Joint Committee received this report,
which was St Edmundsbury Borough Council’s (SEBC) Executive
Decisions Plan covering the period 1 September 2018 to 31 March
2019.
Members took the opportunity to review the
intended forthcoming decisions of SEBC’s Cabinet, its Joint
Committees, Portfolio Holders and Officers under delegated
authority. However, no further
information or amendments were required on this occasion.
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43. |
Exclusion of the Public and Press
To consider whether the press and public
should be excluded during the consideration of the following items
because it is likely, in view of the nature of the business to be
transacted or the nature of the proceedings, that if members of the
public were present during the item, there would be disclosure to
them of exempt categories of information as prescribed in Part 1 of
Schedule 12A of the Local Government Act 1972, and indicated
against each item and, in all circumstances of the case, the public
interest in maintaining the exemption outweighs the public interest
in disclosing the information.
Minutes:
See Minute No. 44. below.
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44. |
Mildenhall Hub (para 3)
Exempt Appendix to
Report No: CAB/JT/18/027
Portfolio Holder: FHDC Cllr
James Waters
Lead Officer: Alex
Wilson
(This exempt Appendix is to be considered in private under
paragraph 3 of Schedule 12A of the Local Government Act 1972, as it
contains information relating to the financial or business affairs
of any particular person (including the authority holding that
information)
(No
representations had been received from members of the public
regarding this item being held in
private)
Minutes:
(Exempt Appendix to
Report No: CAB/JT/18/027)
The Joint Committee considered the Exempt
Appendix to this report. However, no
reference was made to specific detail and, therefore, this item was
not held in private session.
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In this section
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