Agenda, decisions and minutes

Executive - Monday, 24th February, 2020 10.00 am

Venue: Council Chamber, The Arc, Clowne

Contact: Donna Cairns  Senior Governance Officer

Items
No. Item

657.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillor Nick Clarke.

658.

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There was no urgent business to be considered at the meeting.

659.

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

 

There were no declarations made at the meeting.

660.

Minutes pdf icon PDF 316 KB

To consider the minutes of the last meeting held on 10th February 2020.

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor Mary Dooley         

RESOLVED that the minutes of a meeting of Executive held on 10th February 2020 be approved as a true and correct record.

Matters Referred from Scrutiny

None.

Budget & Policy Framework Items

None.

Non Key Decisions

661.

Service Planning and Charging for Commercial Team Support Services in Environmental Health pdf icon PDF 450 KB

Recommendations on page 16

Additional documents:

Decision:

RESOLVED – That

 

1)    Executive notes the content of the Food Safety Service Plan and the Health and Safety Law Enforcement Service Plan.

 

2)    Executive approves the charges set out in this report for re-inspections and re-scoring under the Food Hygiene Rating System and in relation to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

 

3)    the proposed fees and charges be kept under review and any proposed changes considered during annual budget processes.

Minutes:

Executive considered the report of the Portfolio Holder – Street Scene & Environmental Health which presented the 2019/20 Service Plans for Food Safety and Health and Safety Law Enforcement. The report also advised on the need to ensure appropriate charges were in place for re-scoring of food hygiene and animal licensing inspections, and recommended introducing charging for inspection re-scores available through the Food Hygiene Rating Scheme and the Animal Activity Licensing inspection regime

 

The income from the charges for re-scoring activity were to be used to cover the cost of providing the services, as well as introduction of the mobile service inspection software.

 

Members queried the Council’s risk rating system for categorising food premises. A response was to be provided after the meeting.

 

It was agreed that Executive pass its thanks to the Environmental Health service staff for their hard work and improvements already achieved in their service as part of the on-going review.

 

Moved by Councillor Deborah Watson and seconded by Councillor Liz Smyth

RESOLVED – That

 

1)    Executive notes the content of the Food Safety Service Plan and the Health and Safety Law Enforcement Service Plan.

 

2)    Executive approves the charges set out in this report for re-inspections and re-scoring under the Food Hygiene Rating System and in relation to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

 

3)    the proposed fees and charges be kept under review and any proposed changes considered during annual budget processes.

 

REASON FOR DECISION:

The food and safety service plans were documents required to be produced by the Council’s regulating bodies for food safety and health and safety law enforcement.  These plans were required to be presented to Members to ensure oversight of the work programmes and to ensure awareness of the Council’s responsibilities at a senior decision making level. It also enabled the Council to effectively prioritise resources to these statutory and essential public health and safety functions whilst maximising efficiency.  

 

Charging for all re-assessment services was also preferred. The additional requirements to provide a re-assessment for businesses placed a previously unrealised burden on the Council and revenue budgets were focussed on providing statutory services. 

 

Charging may assist in managing demand whilst supporting businesses who wish to improve standards.  The charges were to cover the cost of providing these services, which could be invested in additional support staff and services.

 

OTHER OPTIONS CONSIDERED:

If the Council did not charge for re-assessment services, statutory intervention and licensing programmes would have been put at increased risk of future failure due to the potential for essential resources to be diverted.

 

Strategic Director – Place

 

 

662.

Sale of land to registered custom and self builders pdf icon PDF 970 KB

Recommendations on pages 61 and 62

 

Decision:

RESOLVED

 

1)   That approval be granted for the targeted marketing and subsequent sale by informal tender of the following plots to individuals and groups registered on the Council’s self-build and custom housebuilding register for a price no less than the senior valuer’s market valuation:

 

a)         Land at Baker Street, Creswell

            b)         Land at Blind Lane, Bolsover

            c)         263A Creswell Rd,Clowne

 

2)   That, if by 30th June 2020, no successful bids have been forthcoming, the sites shall be disposed of by public auction.

 

3)   That delegated power be granted to the Director of Development to agree the terms for the sale (including the price) of other Council-owned land surplus to requirements to individuals or groups on the Council’s self-build and custom housebuilding register, following consultation with the Portfolio Holder, and on the basis that the land shall not be disposed of for a price less than the senior valuer’s market valuation of that land.

Minutes:

Executive considered the report of the Portfolio Holder – Housing & Community Safety which detailed a proposal for the sale of council owned land to registered custom and self-builders for a consideration less than the best that can reasonably be obtained. Approval was sought for the targeting marketing and subsequent sale of the following plots to individuals and groups registered on the Council’s self-build and custom housebuilding register:

 

a)  Land at Baker Street, Creswell

b)  Land at Blind Lane, Bolsover

c)  263A Creswell Road, Clowne

 

Executive were advised that there were around 30 people on the custom and self-build register at the time of the meeting. It was confirmed in response to a Member’s question that those on the register would still be able to bid on the sites if they were sold via public auction.

 

Members asked that the informal tender process for bids from those on the custom and self-build register should be given a timeline for the completion of the contract in order to avoid delay between a bid being accepted and the sale.

 

It was also requested that further publicity and targeted marketing be carried out of the custom and self-build register and opportunities.

 

Moved by Councillor Sandra Peak and seconded by Councillor Clive Moesby

RESOLVED

 

1)    That approval be granted for the targeted marketing and subsequent sale by informal tender of the following plots to individuals and groups registered on the Council’s self-build and custom housebuilding register for a price no less than the senior valuer’s market valuation:

 

a)         Land at Baker Street, Creswell

            b)         Land at Blind Lane, Bolsover

            c)         263A Creswell Road, Clowne

 

2)    That, if by 30th June 2020, no successful bids have been forthcoming, the sites shall be disposed of by public auction.

 

3)    That delegated power be granted to the Director of Development to agree the terms for the sale (including the price) of other Council-owned land surplus to requirements to individuals or groups on the Council’s self-build and custom housebuilding register, following consultation with the Portfolio Holder, and on the basis that the land shall not be disposed of for a price less than the senior valuer’s market valuation of that land.

 

REASON FOR DECISION:

This approach was to help to diversify the type of housing across the District and make a positive contribution to housing delivery.

 

OTHER OPTIONS CONSIDERED:

The nominated sites had been chosen as they were considered to be the most attractive to individuals on the register, they qualified as serviced plots (within the regulatory definition) and they had the benefit of local development orders granting permission in principle for custom and self-build houses on the land.

 

Disposing of these sites through public auction was considered but with due regard to the duties placed on the Council by the Self-build and Custom Housebuilding Act 2015, it was agreed to dispose of the nominated sites at less than best consideration to promote opportunities for custom and self builders on the register to acquire land. 

 

(Director of Development)  ...  view the full minutes text for item 662.

Key Decisions

None.

663.

Exclusion of the public

To move:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.” [The category of exempt information is stated after each item].

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor Clive Moesby

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed. [The category of exempt information is stated after each Minute].

PART 2 - EXEMPT ITEMS

Key Decisions

664.

Safe and Warm Upgrade Scheme - Pattison Street, Shuttlewood

Recommendations on page 68

 

(Paragraph 3)

 

Decision:

RESOLVED - That Matthews & Tannert Ltd be appointed to undertake the works as outlined within this report as per the tender sum.

Minutes:

Executive considered the report of the Portfolio Holder – Housing & Community Safety which sought approval to award a contract to Matthews & Tannert Ltd to undertake the Safe and Warm Scheme Upgrade Scheme together with additional modernisation works at Pattison Street, Shuttlewood.

 

Moved by Councillor Sandra Peake and seconded by Councillor Duncan McGregor

RESOLVED - That Matthews & Tannert Ltd be appointed to undertake the works as outlined within this report as per the tender sum.

 

REASON FOR DECISION:

Following a procurement exercise, taking into account both cost and quality criteria, Matthews & Tannert Ltd was assessed as being the most economically advantageous bidder.

 

OTHER OPTIONS CONSIDERED:

Due to the existing condition of the communal heating system there was potential risk for failure of the boilers. It was not economically viable to replace the boilers and there was further complication due to the deteriorating condition of the existing pipe work infrastructure.

 

665.

Central Heating Upgrade, Bramley Vale and other sites within the District

Recommendations on page 72

 

(Paragraph 3)

 

 

Decision:

RESOLVED - That Matthews & Tannert Ltd be appointed to undertake the works as outlined within this report via a direct award of the relevant contract through the Efficiency East Midlands framework EEM0026.

 

Minutes:

Executive considered the report of the Portfolio Holder – Housing & Community Safety which sought approval to appoint the contractor Matthews and Tannert Ltd to undertake central heating conversions and upgrades at Bramley Vale and other properties throughout the District following a direct award of the relevant contract through the Efficiency East Midlands framework EEM0026.

 

Moved by Councillor Sandra Peake and seconded by Councillor Duncan McGregor

RESOLVED - That Matthews & Tannert Ltd be appointed to undertake the works as outlined within this report via a direct award of the relevant contract through the Efficiency East Midlands framework EEM0026.

 

REASON FOR DECISION:

Contractors were evaluated against the EEM Framework for Heating and Hotwater (EEM0026) and Matthews and Tannert Ltd were the most competitive on price.  Matthews and Tannert Ltd had previously provided heating upgrades to Council properties over a four year period and delivered a quality service.

 

OTHER OPTIONS CONSIDERED:

The installation of efficient gas central heating was considered to be a high priority because the tenants on the Bramley Vale estate had been suffering high levels of fuel poverty over a long period and Executive wished to take positive action to alleviate this now that the gas main had been installed. A do nothing approach was therefore rejected.