Agenda and minutes

Cabinet
Monday, 6th June, 2011 2.00 pm

Venue: Committee Suite 1,2 & 3, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Cherry Foreman  Democratic Services Officer

Items
No. Item

1.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors D Brown, R Domleo and R Menlove.

2.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda.

Minutes:

There were no declarations of interest.

3.

Public Speaking Time/Open Session

In accordance with Procedure Rules Nos. 11 and 35 a total period of 10 minutes is allocated for members of the public to address the Cabinet on any matter relevant to its work.

 

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. There is no requirement to give notice of the intention to make use of public speaking provision but, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

 

In order for an informed answer to be given, where a member of the public wishes to ask a question of a Cabinet Member, three clear working days’ notice must be given and the question must be submitted in writing at the time of notification. 

 

 

 

 

Minutes:

Agenda item 7 (Appointments to Outside Organisations)

Mr J Narraway spoke in respect of representation on the Cheshire Peaks and Plains Housing Trust on which he had been a Councillor representative for a number of years; he asked that the Cabinet give consideration to appointing him as a non Councillor representative.

4.

Minutes of Previous Meeting pdf icon PDF 47 KB

To approve as a correct record the Minutes of the Meeting held on 3 May 2011.

Minutes:

RESOLVED

 

That the minutes of the meeting held on 3 May 2011 be approved as a correct record.

5.

Key Decision 67: Economic Development Strategy pdf icon PDF 274 KB

The report updates Cabinet on developments and progress in respect of the Draft Economic Development Strategy for Cheshire East.  Consultation has been undertaken internally and with external partners and incorporates findings from the Local Economic Assessment.

 

Cabinet is required to approve the revised Strategy for adoption.

Additional documents:

Minutes:

Consideration was given to developments and progress in respect of the Draft Economic Development Strategy for Cheshire East. Consultation had been undertaken internally, and with external partners, and incorporated findings from the Local Economic Assessment.  The Strategy set out the context for the delivery of Cheshire East’s work programme and key priorities relating to economic development and regeneration for the next 15 years.

 

RESOLVED

 

That approval be given to the revised Strategy, and that the headline findings of the Local Economic Assessment be noted. 

6.

Key Decision 84: Highways Services Procurement pdf icon PDF 114 KB

The report provides a summary of the procurement process and recommends a decision to appoint a Highways Services Contractor to start on 6 October 2011.

 

The report sets out the rationale for change as well as the key provisions of the new Highways Services Contract.

 

Cabinet is asked to award Preferred Bidder to the company which receives the highest score on the evaluation which will be tabled at the meeting.

 

 

Minutes:

Consideration was given to a summary of the procurement process to appoint a Highway Services Contractor with effect from 6 October 2011.  The report set out the rationale for change and the key provisions in the new Highways Services Contract; it also detailed the considerable Member involvement there had been in the process. 

 

Early in the process the Transformation of Highways Services Sub Committee had been established along with an Overview and Scrutiny Group, both of which had been involved at all stages.  In addition the matter had been considered by the Environment and Prosperity Scrutiny Committee and there had also been a number of all member presentations and briefings.

 

At the meeting it was reported that the Chairman of the Environment and Prosperity Scrutiny Committee, and the Chairman of the Corporate Scrutiny Committee, had been consulted and had agreed to waive the call-in provisions in relation to the decision to be made on the grounds that any delay called by the call-in process would be likely to seriously prejudice the Councils or the public’s interests for the following reasons:

 

-          The Council may not be able to achieve a contract sign off by the end of June which could impact upon the Council’s ability to mobilise for a contract start date of 6 October 2011.

-          The existing term maintenance contract with BAM Nuttall has been terminated with effect from 6 October 2011 and as a result the Council needs to enter into a new contract to ensure continuity in the provision of highway services and discharge of statutory obligations.

-          Failure to enter into the contract on time may result in the extension of the existing contract for an overrun period and consequently result in an impact on planned savings.

-          Waiver of call in will enable the bidder, staff and members to be informed of the decision on the day allowing the decision to be openly discussed and removing a period of potential uncertainty and speculation.

 

Earlier in the day the Transformation of Highways Services Sub Committee had met to consider the results of the evaluation of the final tender submissions by the short listed bidders, and the following recommendation was now made to the Cabinet:

 

1.    To confirm the previously approved evaluation process used to determine the Preferred Bidder for the Highway Services Contract.

 

2.    To recommend to Cabinet as the Preferred Bidder the company which received the highest score, in accordance with the tender evaluation process, and enter into the Highways Services Contract.

 

3.    To delegate final contract negotiations with the preferred bidder to the Borough Solicitor, the Borough Treasurer, and the Strategic Director Places, in consultation with relevant Portfolio Holders.

 

4.    To note that the award of the Highways Services Contract will trigger the automatic application of the TUPE Regulations which will effect a transfer of a number of existing Council Highways Service staff and BAM Nuttall term maintenance operatives currently providing highway services to the Council, to the Preferred Bidder.

 

5.    To  ...  view the full minutes text for item 6.

7.

Appointments to Outside Organisations 2011-2015 pdf icon PDF 60 KB

The report gives details of Category 1 outside organisations to which cabinet is required to make appointments.

 

Cabinet is asked to make appointments for a four-year term of office and to adopt a procedure for dealing with vacancies which occur between appointments.

 

A schedule of nominations will be available at the meeting.

Additional documents:

Minutes:

Consideration was given to nominations to Category 1 outside organisations, to which Cabinet was required to make the appointments, and also to adopting a casual vacancies procedure to deal with vacancies occurring between appointments.

 

With reference to the request made at the beginning of the meeting by Mr J Narraway, the Chairman reported that the nominations would remain as submitted. 

 

RESOLVED

 

  1. That appointments be made to the Category 1 list of organisations as listed, with immediate effect, until such time as representation is reviewed following the elections of the new Council in 2015.

 

2.      That, notwithstanding (1) above, the Cabinet retains the right to review the representation on any outside organisation, at any time.

 

3.      That the casual vacancies procedure be adopted.

 

 

8.

Review of the Fostering Services pdf icon PDF 51 KB

The final report of the “Task and Finish” Group which conducted a Scrutiny Review of the Fostering Service, is attached.

 

Cabinet is asked to receive the report and note that the Children and Families Portfolio Holder will report formally to a future meeting of Cabinet in respect of each recommendation.

Additional documents:

Minutes:

Consideration was given to the final report of the task and finish group set up by the Children and Families Scrutiny Committee to review Fostering Services.

 

In accordance with the Overview and Scrutiny Committee Final Reporting Procedure the Cabinet was asked to receive the report pending coming back to a future meeting with a formal response to each recommendation.

 

Cabinet welcomed the report and the commended the task and finish group on having carried out an excellent review.  

 

RESOLVED

 

That the report of the Children and Families Task and Finish Group be received and that the Children and Families Portfolio Holder come back to a future meeting of the Cabinet with a formal response to each of its recommendations.

9.

Review of Family Support Services: Portfolio Holder Response to Scrutiny Review pdf icon PDF 59 KB

The attached document is a response to the report of the Review of Family Support Services presented by the “Task and Finish” Group of the Children and Families Scrutiny Committee considered by Cabinet on 20 December 2010.

Additional documents:

Minutes:

Consideration was given to the response to the Children and Families Scrutiny Review of Family Support Services, received by Cabinet on 20 December 2011.

 

The review had made twenty three recommendations all of which were now endorsed; a response to each was now detailed.

 

RESOLVED

 

1.      That the responses to the recommendations made to Cabinet in the report by the Children and Families Scrutiny Committee entitled Review of Family Support Services, on 20 December 2010, be noted.

 

2.      That the response to the recommendations contained in the Review of Family Support Services be noted.

 

3.      That the Director of Children’s Services be charged with taking steps to secure the implementation of the recommendations to ensure early intervention and prevention services are delivered to best meet the needs of families in Cheshire East.

 

10.

Exclusion of the Press and Public

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

 

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

 

 

Minutes:

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

 

 

11.

Workforce Change

 

The report gives details of posts which the Chief Executive recommends be approved or noted for severance.

 

Minutes:

Consideration was given to the report of the Head of Human Resources and Organisational Development.

 

RESOLVED

 

  1. That Cabinet supports the decision of the Chief Executive to release the employees whose roles are listed as 1 to 45 in Appendix A under the arrangements agreed in relation to voluntary severance provisions for employees in the Council. 

 

  1. That Cabinet notes the employee listed as 46 in Appendix A, whose voluntary severance was approved by the Procurement, Assets and Shared Services Portfolio Holder under the terms of his delegated powers, in response to an urgent request from management.