Agenda, decisions and minutes

(Director of Governance) To report the appointment of any substitute members for the meeting.

The Cabinet Committee noted that Councillor H Kane substituted for Councillor R Bassett and Councillor J Philip substituted for Councillor W Breare-Hall.

(Director of Governance) To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillors H Kane, S Stavrou, G Shiell and S Kane declared a personal interest in agenda item 7, by virtue of being Waltham Abbey Ward Councillors. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the issue.

To confirm the minutes of the last meeting of the Committee held on 4 June 2015.

Resolved:

That the minutes of the meeting held on 4 June 2015 be taken as read and signed by the Chairman as a correct record.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

The Cabinet Committee noted that there was no other urgent business for consideration.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers

Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

Resolved:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                       Exempt Information

Item No.          Subject                                               Paragraph Number

   7                   Phase 1 Design and                                           3

                        Build Contract

(Director of Communities) To consider the attached report (CHB-008-2015/16).

The Assistant Director (Housing Property & Development) presented a report to the Cabinet Committee. He advised that at the last meeting of the Cabinet Committee it was agreed that a report would be provided to this meeting on the current position with regard to Phase 1 of the Council Housebuilding Programme together with details of the delays in progress with the works and the expected claim from the contractor, together with a proposed way forward.

The Council’s Agent advised that a letter had been received from the Kenzie Group, advisors to Broadway Construction Limited (BCL), the contractors, detailing the delays which were due to design related issues.

The contract was a Design & Build Contract and the Employer would set out a series of ‘Employer’s Requirements’ within the tender documents and contract conditions, upon which the contractor would respond with the contractor’s proposals and costs. The detailed design of the construction was the responsibility of the contractor based on the ‘Employer’s Requirements’ and the contractor would appoint his own design teams and supply chains in order to facilitate both the design and construction before tendering for the contract.

Members agreed that when tendering for a contract that an amount should be factored into the costs for any unforeseen risks that could be incurred.  The Cabinet Committee proposed that the Council should therefore enforce the contract with no additional costs being incurred by the Council.

Decision:

To enforce the terms of the contract and not pay the additional sums as requested by Broadway Construction Limited.

Reason for the Decision:

The contract with Broadway Construction for Phase 1 of the Council House-building Programme is in delay and a dispute has materialised over the cause and effect of the delay, and a way forward needs to be determined in order to complete the development in the most cost effective way.

Other Options Considered and Rejected:

There are no other options for action, since the recommendation is to consider the report and recommendations of East Thames and Pellings LLP and the most appropriate way forward.