Agenda and minutes

55/22 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES:

There were no apologies for absence.

(5.30 pm)

Members to advise of any declarations of interest.

56/22 – DECLARATIONS OF INTEREST: There were no declarations of interest.

(5.31 pm)

of the meeting of 7 December 2022.

57/22 – MINUTES: The Minutes of the meeting of the Cabinet held on 7 December 2022 were unanimously approved as a correct record.

(5.31 pm)

To determine whether to exclude the press and public during the consideration of any exempt information items.

58/22 – EXEMPT INFORMATION: The report at Minute 59/22 and the appendices to the reports at Minutes 61/22, 63/22, 64/22 and 65/22 were considered to be exempt under paragraph 3 of Schedule 12a to the Local Government Act 1972.  Discussion on the items took place in open session.

(5.32 pm)

The Head of Finance to submit a written report.

59/22 – CAPITAL AND INVESTMENT PROGRAMME 2022/23 QUARTER 3

  MONITORING: The Head of Finance submitted a written report which sought approval for the Capital and Investment Programme for 2022/23 and Indicative Programmes from 2023/24 to 2026/27 and provided the Quarter 3 monitoring for 2022/23.  The Council was taking a proactive approach to its asset management and ensuring that the return from investment was maximised and the Strategy assisted the Council in provision of corporate planning as schemes and funding for future years were approved.  Costs in the strategy were provisional high level estimates based on prices at the time and would vary as more detailed work was undertaken on projects.  The Capital and Investment Strategy in the future would likely be impacted by the significant review into the HCC Redevelopment.

Section 7 of the report detailed the prioritisation of Local Government Reorganisation (LGR) projects. Following a prioritisation exercise an agreed list of priority projects had been formulated which could be found in Appendix 1 to the report. In addition Section 8 outlined the Capital Programme 2022/23 to 2026/27 with expenditure totalling £84,103k forecast over the five year rolling programme, an increase of £755k from the approved programmes. 

The Capital and Investment Strategy was part funded by the Council Investment Reserve (CIR) and as at 1 April 2022 funds totalling £16,778k were available to fund the Strategy.  The report set out a Draft Non-Housing Capital and Investment Programme for 2022/23 to 2026/27, with expenditure totalling £84,103k however there would be a funding shortfall of £462k in 2026/27.

RECOMMENDED (UNANIMOUSLY):

That the amended Programme for 2022/23 and Indicative Programmes from 2023/24 to 2026/27 are approved, noting that future developments around the Harrogate Convention Centre (HCC) will have an impact on the figures in this report; and

 (5.32 pm to 5.34 pm)

The Head of Finance to submit a written report.

60/22 – HOUSING INVESTMENT PROGRAMME 2022/23 QUARTER 3MONITORING: The Head of Housing and Property (HoHP) submitted a written report which reviewed the latest forecast for the 2022/23 Housing Investment Programme and highlighted the main variances between the latest forecast and the budget. The programme was directed at achieving a combination of Government targets and the Council’s own Housing Strategy and Housing Revenue Account Business Plan targets.

Appendix 1 showed the latest forecast expenditure for 2022/23 of £12,147k. This was a £5,644k decrease compared to the approved programme at February 2022 (including any carry forwards from 2021/22). The main variances were in relation to reduced expected spend on Planned Maintenance and housing development costs, along with some costs at Whinney Lane that were to be deferred into 2023/24.

Section 5 of the report detailed the outline programme for 2022/23. Planned Maintenance and Improvements forecast an overall spend of £1,760k, a decrease of £3,149k compared to the original budget figure. This was due to the delay in the procurement of the kitchen contract and staff vacancies. Details of proposed housing developments were provided at paragraph 5.4 which included a forecast of £1,587k a decrease of £1,372k to budget (including contingency) agreed in February 2022.

RESOLVED (UNANIMOUSLY):

That the report is received and the position be noted.

Reason for decision:

The individual schemes and the overall funding levels needed to be reported for capital budget monitoring purposes.

Alternative option considered and recommended for rejection:

Not to report. This would mean the Council would not be adequately monitoring capital expenditure.

(5.34 pm to 5.36 pm)

 (D)

The Head of Finance to submit a written report.

61/22 – 2022/23 JANUARY FINANCIAL AND SERVICE PLAN PERFORMANCE UPDATE: The Head of Finance submitted a written report presenting the Council’s latest financial position along with a summary of service plan performance on an exception basis. The Council was currently reporting an overspend of £1,396k on General Fund activity. The forecast overspend reflected a combination of utility costs at a net £1.2m and the 2022/23 pay award at £1.1m less use of the Budget Transition Fund at £895k.

The key variances that made up the forecast were shown in Table 1 at paragraph 5.2 of the report. Table 2 at paragraph 5.3 summarised the service by service variances and showed how each Council service was performing as against Quarter 2.  Paragraph 5.4 gave a breakdown of forecast salary savings for each service. Detailed profit and loss accounts for Green Waste, Trade Waste and the Plant Nursery were attached at exempt Appendices B to D.  Exempt Appendices A and E detailed an underspend relating to the Harrogate Convention Centre.  Appendix F showed how the variances related to budgeted savings and increased income.

The report had also been considered by the Overview and Scrutiny Commission at its meeting held on 31 January 2022.

RESOLVED (UNANIMOUSLY):

That the Council’s current financial position, a forecast overspend of £1,396k, and service plan exception reporting, is noted.

Reasons for decision:

It was good financial discipline that regular reporting is presented to Management and Members so as to ensure expenditure remained within budget, that potential underspends were highlighted and areas that were off target were highlighted and mitigating actions could be identified.

Alternative options considered and recommended for rejection:

Not to receive financial reporting which would weaken financial control, increase the risk of overspends against budget or missed opportunities to utilise underspends or identify mitigating actions.

(5.36 pm to 5.38 pm)

 (D)

The Improvement and Development Manager to submit a written report.

62/22 – CORPORATE PERFORMANCE REPORT, Q3 2022/23: The Chief Executive submitted a written report which provided an update on the measures within the Corporate Delivery Plan at Quarter Three.  Appendix 1 to the report provided the Quarter 3 outturn of the measures within the Corporate Delivery Plan and Appendix 2 contained the Corporate Health report which detailed progress against the various performance indicators.  The report had previously been received by Management Board, whose comments were incorporated into the report at section 8. 

The report advised that alongside the challenging circumstances of balancing delivery of its services alongside preparing for Local Government Reorganisation (LGR), The Council was also dealing with a recruitment issue and turnover of staff was comparably high. Despite these challenges overall the Council was performing well as viewed against its performance objectives. The effects of the high cost of living were being felt locally and this could be seen particularly in certain areas of performance such as the homelessness service, despite the hard work of officers this was one area where it was proving challenging to meet objectives. Regardless of the difficult operating environment, overall performance against the Council’s Corporate Delivery Plan was positive with the majority of actions and indicators on target.

The Overview and Scrutiny Commission had also considered the report at its meeting held on 30 January 2023. Management Board also considered the report and its comments were found at section 8.

RESOLVED (UNANIMOUSLY):

That the report be received, and the comments from Management Board be considered and noted.

Reasons for decision:

Our Corporate Plan set out our long-term vision for the Harrogate district, our aim as an organisation, our corporate priorities and the long term outcomes that we wanted to achieve. The Delivery Plan was updated on an annual basis and detailed what we will do, what our targets were and how we would measure these. The report tracked our progress against the Delivery Plan.

Alternative options considered and recommended for rejection:

No alternative options were considered as reporting progress on the Council’s Corporate Delivery Plan performance was a key part of the Council’s performance management arrangements.

(5.38 pm to 5.40 pm)

 (D)

The Strategic Estates Surveyor to submit a written report.

63/22 – DIVERSION OF PUBLIC RIGHT OF WAY BY THE ROYAL HORTICULTURAL SOCIETY (RHS) AT HARLOW CARR, HARROGATE: The Strategic Estates Surveyor submitted a written report that set out the background and reasons relating to Harrogate Borough Council’s (HBC) decision to accept a financial sum, as landowner, in order to permit land held within its ownership to be used to divert a public right of way (PROW) as shown on plans within Appendix 1. The decision to permit HBC land to be used is in return for a financial consideration as landowner as set out within Appendix 2 (exempt) given that the diversion will be on land outside that presently leased to the RHS on which the footpath currently runs. It was noted that this was separate from any planning or other statutory permissions that may be required which the RHS would be responsible for obtaining as well as for undertaking all necessary on site physical works. Support for a diversion of the public right of way would not constitute HBC’s support for any planning or other applications which will be dealt with separately and in the usual manner.

The report explained that the RHS wanted the PROW relocated in order to facilitate their preferred redevelopment scheme for the former Harrogate Arms Public House which would create additional catering and teaching facilities on the site, relocation of the PROW would enable greater integration of this asset with their existing facilities. The move gave an opportunity to generate an unplanned capital receipt which would be financially beneficial and economically advantageous to the Council. Should the opportunity be missed there was very little alternative potential to generate a similar payment for land in this area.

RESOLVED (UNANIMOUSLY):

That    (1) the proposal as set out in further detail within Appendix 2 (exempt) be approved; and

(2) the Head of Legal and Governance be given authority to prepare and enter into any necessary legal documentation to facilitate the permission and any other matters related thereto

Reasons for decision:

The RHS wanted the PROW relocated in order to facilitate their preferred redevelopment scheme for the former Harrogate Arms Public House which would create additional catering and teaching facilities on the site, relocation of the PROW enabled greater integration of this asset with their existing facilities.

This represented an opportunity to generate an unplanned capital receipt which would be financially beneficial and economically advantageous to the Council.

Should the opportunity be missed there was very little alternative potential to generate a similar payment for land in this area.

This land offered no identifiable potential for long term capital appreciation aside from the current opportunity presented.

The PROW would still be accessible from Crag Lane to Cardale Woodland as shown in Appendix 2. As such the change was only a relatively minor alteration and would improve the right of way for users once works are complete.

Alternative options considered and recommended for rejection:

Not to take advantage of this opportunity was rejected because there were no potential  ...  view the full minutes text for item 63.

The Team Leader (Housing Assistance) and Housing Renewal Manager to submit a joint written report.

64/22 – APPOINTMENT OF CONTRACTOR FOR ADAPTED BATHROOMS– FORWARD PLAN REF: 14H&P22: The Team Leader (Housing Assistance) submitted a written report that sought Cabinet approval for the appointment of a contractor via a direct award under the Efficiency North framework for the provision of bathroom adaptations and associated works. The contract will commence on 1 April 2023 and be for a period of 1 year with the option to extend for a further two twelve month periods.

The report informed that each year there were approximately 100 requests for the installation of adapted bathrooms through the Disabled Facilities Grant (DFG) and it was anticipated that this figure would continue to rise. The DFGs enabled people to remain at home for a longer period and reduce care costs. Year on year the Council was receiving more referrals from Adult Social Care, it was anticipated that this would continue to rise as the elderly population expanded in future. The current contract to install adapted bathrooms was coming to an end on the 31 March 2023 and in order to avoid and delays in works the Council was hoping to appoint a new contractor as of 1 April. This would avoid any undue delays in works to bathrooms and therefore prevented causing unnecessary difficulties for the concerned individuals.

RESOLVED (UNANIMOUSLY):

That    (1) Contractor A was awarded a direct call off from the Efficiency North framework for the supply and installation of adapted bathrooms and wet rooms under the Disabled Facilities Grant for a period of 1 year with an option to extend for a further two twelve month periods; and

(2) the option to request one price increase each year throughout the duration of the contract be approved

Reasons for decision:

Our current contract with Mears Group Plc for the supply of bathrooms on all our private and council stock ends on 31st March 2023.

A direct award for DFG bathroom adaptations via the Efficiency North framework would ensure that we are compliant with procurement regulations.

The appointment of Contractor A would give Harrogate Borough Council access to preferential prices and lead times for bathroom adaptations funded from the Disabled Facilities Grant (DFGs) budget.

Alternative options considered and recommended for rejection:

We do not procure another contractor for the DFG bathroom adaptations, causing service and client disruption. 4.2 We go out to tender for a bathroom contractor. This option was recommended for rejection because nationwide there was a shortage of good contractors available for work due to current demands within the building industry. The appointment of the proposed supplier offered best value for money.

(5.43 pm to 5.46 pm)

 (D)

The Commercial and Transformation Officer to submit a written report.

65/22 – CLARO ROAD DEMOLITION AND SITE IMPROVEMENT WORKS: FORWARD PLAN REF:16ED22: The Director of Economy, Environment and Housing submitted a written report that sought approval to award the Claro Road Demolition and Site Improvement Works contract to the preferred tenderer following competition of a compliant procurement and bid evaluation. Exempt Appendix 1 contained the tender evaluation and Appendices 2 and 3 contained the existing and proposed site layout.

The report advised that a detailed condition survey of the site, completed in 2019, had demonstrated that the existing buildings at the Claro site were of poor quality and did not provide adequate working conditions. The Council therefore considered site improvements to be a priority. A number of improvements had been identified that would create a more efficient and safe site layout. These included forming new car parking and HGV parking, new site wide external lighting, a one-way system for vehicles, improved security fencing and gates, CCTV and infrared heat omitting source provision.

The original tender process completed in 2022 produced one bid that was over budget and meant that specific section 24 consent was required to uplift the budget, a request was submitted to North Yorkshire County Council as part of the Outturn CIP report but the uplift request was not approved. To bring the works within budget a revised scope had been agreed and the most recent tender exercise had attracted two bids. A preferred contractor had been identified by the Council and the report therefore asked Cabinet for approval to proceed with the works.

RESOLVED (UNANIMOUSLY):

That    (1) the award of the Claro Road Demolition and Site Improvement

Works contract to the first ranked supplier as set out in exempt Appendix 1 be approved; and

(2) approval is delegated to the Director of Economy, Environment and Housing through the period of the contract to agree to any unavoidable additional costs being incurred which are necessary for fulfilment of the project up to the approved capital budget amount

Reasons for decision:

The existing buildings were of poor quality and do not provide adequate working conditions, the delivery of this project has therefore, been identified as a corporate 2024 Programme priority.

By undertaking the demolition and site improvement works at Claro Road, Harrogate, the Council would continue to provide Excellent Public Services and support a Sustainable Environment by:

·         Demolishing buildings on the site, which had reached the end of their economic life, providing replacements suitable for purpose

·         Safe removal of asbestos from 6 buildings

·         Ensuring the health and safety of building and site users

·         Improved site security

·         Supporting our Carbon Reduction Strategy by providing providing infrastructure associated with 10 no. Electric Vehicle charging points

·         Protecting the value and prolonging the life of the assets.

Improvements to the site would raise service facilities to a better standard; creating segregated areas for fleet, personal and workshop vehicles with appropriate spaces and controlled parking.

Critically, this would significantly improve on site Health and Safety in relation to vehicle and pedestrian movement  ...  view the full minutes text for item 65.