Agenda and minutes

            The Minutes of the meeting held on 19^th March 2009 were taken as read and signed as a correct record.

            The Sub-Committee received a report of the Strategic Director, Children and Young People which sought a waiver of Contract standing Orders to permit the extension of the contract of the BSF Programme Director (Daniel Hennessy) from MD Consultants until the 31^st March 2011.

            It was noted that the current arrangements for the BSF Programme Director were approved at the Executive Board Sub-Committee on 19^th July 2008 and a two-year contract was agreed until September 2009. However, prior to submission of the Outline Business Case on the 22^nd April 2009 Partnerships for Schools required confirmation of the future Programme Director arrangements so that they could assess whether the Authority was sufficiently prepared to enter competitive dialogue.

            It was further noted that the BSF Programme Director role was crucial as it provided the Strategic Direction for the Programme. The current Programme Director had provided leadership, direction and focus to the programme and had ensured that the Programme had met all the key milestones and objectives to date. The Programme Director had extensive experience as a 4PS adviser and Gateway Reviewer for BSG and his advice was often sought nationally and by other authorities.

            Members were advised that as the DCSF prepared to announce the next wave of BSF Programme, many authorities were now looking for experienced BSF Programme Directors and Managers to lead their Programmes.

            It was there proposed that the current BSF Programme Director contract be extended so that he could provide 217 days support to Halton per annum and that the daily rate of pay be £786 from September 2009 until 31^st March 2011. The BSF Framework provided information on the Programme Director rates across the country with the North West, North East and Midlands rates varying from £745 to £1074 per day.

            It was essential that as Halton moved into Programme Delivery, there was sufficient appropriately qualified staff. Interim arrangements still existed for the Programme Manager’s post as it did not prove possible to recruit to this position initially. This post had now been advertised and interviews would take place on 1^st April 2009.

            RESOLVED: That

(1)       the Strategic Director, Children and Young People be authorised to agree a contract for 217 days per annum at £786 per day for a period from September 2009 until 31^st March 2011; and

(2)       Legal Services be requested to revise the current contract for the BSF Project Director’s role.

            The Sub-Committee received a report which sought the waiving of Procurement Standing Orders 3.1 to 3.8 which placed a requirement on the Council to tender for contracts with a greater value than £50,000 but not exceeding £1m.

            Members were advised that the current personal Advisor for Care Leavers contract had been in operation for five years and would terminate on 31^st March 2009. The current cost of the service delivery was £168,000.

            Members were further advised that the Service fulfilled the requirements placed on the Local Authority by the Children (Leaving Care) Act, 2000, Regulations and Guidance Chapter 6 Regulation 12: Personal Advisors. The Personal Advisor Service supported young people in making the transition from being in care to living self sustaining and fulfilled lives as independent members of the community.

            It was noted that following a competitive tendering process in March 2009, the Panel who considered the proposals from a number of organisations were unable to make a contract award to a single provider. This was primarily on the basis of service continuity for existing users, with no new provider able to meet the terms of the contract due to the length of the contract lead-in period.

            Therefore, approval to extend the existing contractual arrangements until 31^st March 2010 and to recommence a competitive tendering exercise for this service in September 2009, with a view to awarding a new contract from April 2010 was sought.

            The proposed tender process would enable the Council to update the service specification and to include improved outcomes nationally and locally for this vulnerable cohort. In addition, it was proposed that the revised specification would ensure that the service provider continually delivered a service that met identified needs.

            It proposed that the new contract would last for a period of three years and would offer an option to extend beyond that for a further two years, subject to specified outcomes being delivered and specified targets being met. 

            In considering the request to waive Standing Orders and due to the issues outlined in the report, the Sub-Committee felt that performance monitoring of the service provider by Members was necessary and agreed that a further report be submitted to the Sub-Committee detailing this information.

            RESOLVED: That

(1)    in the exceptional circumstances set out below, for the purposes of Standing Order 1.6, Procurement Standing Orders 3.1 – 3.8 be waived in order for the existing contractual arrangements to be extended until 31^st March 2010. During the period of extension, the Council would complete a competitive tendering exercise for the Personal Advisor Service for Care Leavers;

(2)       delegated powers be approved to enable the Strategic Director Children and Young People in consultation with the relevant Executive Portfolio Holder, subject to an evaluation of value for money in an open tender process, to award a contract to an external provider inclusive of the provision of management and administration; and

(3)       a further report be submitted to the Sub-Committee detailing performance monitoring of the service provider.  ...  view the full minutes text for item 110.

            The Sub-Committee received a report of the Strategic Director, Health and Community which sought approval for the inflationary uplift of the Supporting People contracts for the financial year 2009/10. The suggested inflationary uplift for all Supporting People contracts was within the 2.5% inflationary allowance allocated by the Council.

            Members were advised that the proposed inflationary uplift of 2.5% was equivalent to the increase awarded to the Adult Social Care budget 2009/10.

            The projected expenditure after the 2.5% inflationary uplift had been added for 2009/10 and was detailed in the report.

            The proposed 2.5% inflationary increase would result in an estimated increase in expenditure of £175,705. The Supporting People Programme currently funded 113 services across Halton. Of this, 92 were existing contracts across 14 client groups, and a further 21 services were short-term services.

            As of the 18^th February 2009 there were approximately 1,968 people in receipt of Supporting People services in Halton.

            The increased fees would enable the Providers the ability to plan their businesses to ensure stability and drive up the quality of provision for the service users of Halton.

            From 1^st April 2009 the CLG and SITRA were implementing a new Quality Assessment Framework, which all Providers would be expected to carry out. The new Framework would have an additional impact on the work undertaken by SP providers. The new Quality Assessment Framework would not incorporate Children Protection, under “Every Child Matters” and additional safeguarding legislation. Further training, documentation and a change in practice would be required.

            RESOLVED: That the proposed 2.5% increase as set out in the report be approved with effect from Monday 6^th April 2009.

            The Sub-Committee received a report of the Strategic Director, Environment which sought approval for the publication of the draft Southern Widnes Supplementary Planning Document (SPD) for the purposes of Statutory Public Consultation.

            Members were advised that the Mersey Gateway Regeneration Strategy was an important element of the Mersey Gateway Project that built upon the adopted vision that it was “more than just a bridge” but the “catalyst” for regeneration and investment throughout Halton, Cheshire, the Liverpool City Region and the North West.

            The Regeneration Strategy was concerned with how the bridge could deliver a new context for place-shaping, set the agenda for a sustained economic, social, physical and environmental regeneration programme over the next 20 to 30 years and re-connect the communities of Runcorn and Widnes.

            The Regeneration Strategy covered an area in excess of 20 square kilometres within the Borough of Halton, including the Southern Widnes SPD area. The area was agreed with the Council to provide a statutory planning basis for policy development due to its influence on the Local Development Framework.

            Several key elements of this SPD had been informed by the Mersey Gateway Regeneration Strategy, building upon some of the principles, objectives and development opportunities set out within the document. A number of proposals described in this SPD were therefore based upon the preferred option as expressed in the Mersey Gateway Regeneration Strategy agreed by the Council’s Executive Board on 19^th June 2008.

            Members were advised that Southern Widnes had been identified within the Halton Unitary Development Plan (UDP) as one of the six Action Areas in the Borough that required significant development or redevelopment in order to secure their regeneration. This SPD was therefore supplementary to Policy RG1 (Action Area 1 Southern Widnes) in the Halton UDP.

            The purpose of the Southern Widnes SPD was therefore to establish and identify potential development  or improvement opportunities within the area that arose from the existing context and the proposals of the Mersey Gateway Project in order to help sustain the existing community and deliver regeneration benefits to the area. This current draft had been prepared by GVA Grimley for the formal stages of public consultation.

            The Southern Widnes SPD was specifically designed to:

• Ensure a suitable standard of development;
• Improve the visual and environment quality of the area;
• Create a “sense of place”;
• Improve accessibility particularly to the Silver Jubilee Bridge and Widnes Waterfront; and
• Improve sustainability of the West Bank community by introducing new employment, housing and a neighbourhood centre.

Members were advised that Sustainability Appraisal, Habitat Regulations Assessment and Statement of Consultation were all set out in detail in the report and it was noted that they would be available for public consultation, alongside the draft Southern Widnes SPD.

            Once the formal public consultation exercise had been conducted, the responses would be recorded and taken into account. It was intended that a further report would then be taken to the Executive Board, seeking formal adoption of the revised Southern Widnes SPD.

         <1  ...  view the full minutes text for item 112.

            The Sub-Committee received a report of the Strategic Director, Environment which sought approval for the publication of the draft Runcorn Town Centre Supplementary Planning Document (SPD) for the purposes of statutory public consultation.

            The Mersey Gateway Regeneration Strategy was an important element of the Mersey Gateway Project that built upon the adopted vision that is was more than just a bridge but the catalyst for regeneration and investment throughout Halton, Cheshire, the Liverpool City Region and the North West.

            The Regeneration Strategy was concerned with how the bridge could deliver a new context for place-shaping, set the agenda for a sustained economic, social, physical and environmental regeneration programme over the next 20 to 30 years and reconnect the communities of Runcorn and Widnes.

            The Regeneration Strategy covered an area in excess of 20 square kilometres within the Borough of Halton, including the Runcorn SPD area. The area was agreed with the Council to provide a statutory planning basis for policy development due to its influence on the Local Development Framework.

            Several key elements of this SPD had been informed by the Mersey Gateway Regeneration Strategy, building upon some of the principles, objectives and development opportunities set out within the document. A number of proposals described in this SPD were therefore based upon the preferred option as expressed in the Merseyside Gateway Regeneration Strategy, agreed by the Council’s Executive Board on 19^th June 2008. This was especially relevant for the de-linking arrangements for the Silver Jubilee Bridge adjoining Runcorn Town Centre as described below and in more detail in the draft SPD.

            This SPD updated and built upon the Council’s previous 1997 Runcorn Town Centre Strategy and the draft Runcorn Old Town SPD drafted in 2007.

            In light of the opportunities presented by the Mersey Gateway Project and the identification of Runcorn Town Centre as an Action Area for regeneration and development in the Mersey Gateway Regeneration Strategy, the Runcorn Town Centre SPD had been revisited. This current draft had been prepared by GVA Grimley for the formal stages of public consultation.

            Members were advised that for the purposes of the Runcorn SPD was therefore to establish and identify potential development or improvement opportunities within the area that arose from the existing context and the proposals within the Mersey Gateway Regeneration Strategy in order to help sustain the existing community and deliver regeneration benefits to the area.

            The proposals set out in the Runcorn Town Centre SPD were specifically designed to:

• Enable Runcorn Town Centre to prosper without damaging the health of any other centres;
• Safeguard and strengthen the centre’s role as a safe and accessible place to shop, work and enjoy;
• Co-ordinate public and private investment decisions;
• Improve the economic prosperity of the Borough through the creation of new employment opportunities; and
• Ensure the highest standards of design and architecture.

             The report set out the sustainability appraisal habitat regulations Habitat Regulations Assessment and the Statement of Consultation and it was noted that these would be made available  ...  view the full minutes text for item 113.

            The Sub-Committee received a report of the Strategic Director, Environment which sought consideration of the extension of the current Highway Maintenance Term Contract with Amey LG beyond 2010, as conceived in the original tender documents.

            At its meeting of 24^th January 2005, the Executive Board Sub-Committee resolved to award the Highway Maintenance Term Contract (HMTC) for an initial period of five years to Amey Infrastructure Services Limited (now Amey LG). The report noted that the tender document had identified the option to extend the duration of the Contract by five years by agreement of the parties. This procurement strategy was identified in the Original European Journal OJEU notice and was designed to maximise value for money from the contract by offering a reasonable term over which contract set up, overhead and operational costs could be recovered.

            The HMTC had now operated for four years and a decision was now required on whether the contract was extended in accordance with the original strategy or whether a new contract was procured. Amey LG had written to us formally, confirming their desire to extend the current contract and to continue to develop the partnership with the Council. Members were advised that the HMTC was based upon the Engineering and Construction contract (ECC), one of the modern forms of contracts and took the form of a schedule of rates covering most typical highway operations, principally:

• Reactive maintenance and repair of all highway features;
• Gully emptying and drainage repairs;
• Footway and carriageway structural reconstruction; and
• The winter maintenance function

The indicative value of the contract was £1.6m per annum, although typically around £2.5m worth of work was undertaken by Amey LG each year. The HMTC was designed to ensure that the Contractor could sustain sufficient resources to deliver not only the core highway maintenance operations but also an emergency response facility 24 hours per day, 7 days a week.

                        Rates contained in the contract were reviewed and adjusted annually to allow for inflation using standardised construction price and cost indices published by the Government. This mechanism ensured that variations of prices used across the Contract term were applied fairly and reflected actual cost changes in the industry.

            The HMTC contained a number of performance indicators against which the contractor was measured on a monthly basis, as set out in the report.

                        Amey LG provided a workforce comprising approximately 25 operatives plus administrative and support staff operating from a dedicated depot located in Widnes. They were a national company with resources that could deliver all necessary labour, plant and equipment. Health and safety performance was reviewed monthly by the Contract Administrator as part of the Contract progress meeting. Amey’s performance had been excellent in terms of reportable accidents and a continual programme of training and updating of operatives skills aimed to continue this trend.

                        Members were advised that if the option to extend the current contract was not taken up, then the Council would have to find an alternative way of delivering the highway  ...  view the full minutes text for item 114.

            The Sub-Committee received a report of the Strategic Director, Environment which sought to update Members regarding the procurement of a Waste Management and Recycling Contract (WMRC) for Merseyside and Halton.

            Members were advised at the meeting of the Executive Board on the 29^th March 2007 it was approved that a Contract Procurement Strategy with Mersey Waste Disposal Authority (MWDA) for the provision of services and facilities for the recycling and treatment of waste for Merseyside and Halton was approved.

            Members were further advised that in order to secure Halton’s involvement  in contractual arrangements required to meet recycling and waste diversion targets, Executive Board Members, at their meeting on the 19^th July 2007, approved the delegation of defined aspects of the Council’s waste disposal functions to allow the MWDA to procure two principal waste contracts on behalf of itself and Halton, a Waste Management and Recycling Contract and a Resource Recovery Contract.

            The arrangement approved by the Executive Board authorised the MWDA to enter into both contracts on behalf of Halton Borough Council and the purpose of this report was to advise members of the current stage of the procurement process in relation to the Waste Management and Recycling Contract. It was noted that the WMRC included the operation and management of Household Waste Recycling Centres,  the provision and management of Materials Recycling Facilities, the management of Waste Transfer Stations and the option for the provision of facilities for the treatment of kitchen waste. The contract was for a period of 20 years.

            Members were advised that for Halton, this contract would provide for the management of the two Household Waste Recycling Centres at Picow Farm Road in Runcorn and Johnson’s Lane in Widnes, together with the Haddocks Wood composting facility for the receipt and composting of green waste. It would also see the provision of a Materials Recycling Facility (MRF) services for the receipt and processing of recyclable materials collected through Halton’s Kerbside Recycling Services. Halton would have opportunities to deliver other waste streams to this contract, such as street cleansing waste, by arrangement with the NWDA and the appointed contractor.

            The procurement of the WMRC had been through a competitive dialogue process and had involved a number of steps, as outlined in the report.

            From a provisional list of 45 potential bidders, 9 companies returned Pre-Qualification Questionnaires for the Waste Management and Recycling Contract. Following an invitation to Submit Outline Solutions (ISOS) Evaluation, four companies were selected to go forward to the next stage and were issued with an invitation to Submit Detailed Solutions (ISDS). These were:

• Shanks
• SITA UK
• Veolia
• Waste Recycling Group

         Only three companies, SITA, Veolia and Waste Recycling Group responded to ISDS. Following further evaluation, SITA and Veolia were identified as the final two bidders and both had completed the Call for Final Tender stage.

         Following final evaluation of technical, legal and financial submissions a preferred bidder would be announced following consideration of a report by the MWDA. The forecasted timetable was  ...  view the full minutes text for item 115.

            The Sub-Committee received a report of the Strategic Director, Corporate and Policy which asked members to consider a request from Widnes Market Traders’ Association to reduce stall rental at the Market for 2009/10, in light of current trading trends.

            Members were advised that the Council had received a formal request from the Widnes Market Traders’ Association for stall rentals to be reduced at the market for 2009/10, given the current trading trends. The Traders’ Association had asked that the Council considers reducing rents by 50%, given what they described as “extraordinary “ times.

            It was noted that the Market was experiencing its first decrease in occupancy levels since it opened in 1995. The concern is that if more stall holders were forced to leave the Market, then its overall viability would be threatened. Whilst some new traders had tried to establish a business in recent times, three had had to cease trading within a six month period.

            It was further noted that the Market, as a business, had made a significant financial contribution to the Council over many years and played an important part in the overall shopping offer within the Borough, employing many local people and attracting visitors from nearby towns.

            Members were further advised that there was a fine balance to be struck in circumstances such as this and rent levels were already a key component of running a commercial operation such as a market. If they were too high for traders to sustain a healthy business and they therefore moved on, this had an impact on the view potential users of the Market and could lead to a downward spiral. However, any reduction had to be reviewed against the overall financial picture the Council was facing. Reducing rents in turn reduced income to the Council at a time when other sources of income were also reducing. Overall reductions in income required further efficiencies/savings to be found from elsewhere in the Council’s budget.

Members were advised that in view of the above it was considered a 50% reduction, as requested, was too great a level to support at the current time, given that it would lead to a significant reduction in income to the Council, taking into account the wider responsibilities of the Council. However, the situation faced by traders was real and was recognised and the potential impact in the long term on the Market was fully appreciated. In all the circumstances, it was suggested that a 10% reduction be introduced for 2009/10 and the inflationary rise that was due to be applied for that year no longer be applied.

            The Sub-Committee noted that the Council had a direct interest to ensure Widnes Market continued to be successful, both as a business and as a key contributor to the Borough’s shopping offer. It was agreed that a further report be submitted outline a future business plan for both markets and further reports be made on the performance of the market following the implementation of this decision.  ...  view the full minutes text for item 116.

The Board considered:

(1)     whether Members of the press and public should be excluded from the meeting of the Board during consideration of the following item of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business to be considered, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972; and

(2)     whether the disclosure of information was in the public interest, whether any relevant exemptions were applicable and whether, when applying the public interest test and exemptions, the public interest in maintaining the exemption outweighed that in disclosing the information.

RESOLVED: That as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, members of the press and public be excluded from the meeting during consideration of the following item of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it is likely that, in view of the nature of the business, exempt information will be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972.

            The Sub-Committee received a report of the Strategic Director, Health and Community which requested a waiver of Procurement Standing Orders 3.1 to 3.9 which placed a requirement on the Council to invite tenders for contracts with a value greater than £50,000 but not exceeding £1m in respect of a contract for Special Needs Clients A and B for the period January 2009 – January 2012.

            RESOLVED: That

(1)       in the exceptional circumstances set out in the report, for the purposes of Standing Order 1.6, Procurement Standing Order  3.1 to 3.9 be waived on this occasion in respect of Client A and Client B on the basis that the current provider D. and M/ Premier Care Agency offered value for money and is performing well and meeting the needs of vulnerable service-users with complex mental health problems;

(2)       the Operational Director, Adults of Working Age be authorised, in consultation with the relevant Executive Portfolio Holder, to negotiate and conclude a three-year contract(s) from January 2009 with D. and M. Premier Care Agency, for the provision of care and support to Client A and Client B;

(3)       after two years the contract(s) be reviewed taking into account the personal circumstances of the Clients (including their capacity to administer their own personal budgets to meet their care needs) and the housing options that might be available. If it was concluded at that point that the services were still likely to be needed, these services be re-contracted following an open tender exercise; and

(4)       the Operational Director, Adults of Working Age be authorised, in consultation with the relevant Executive Portfolio Holder, to negotiate the amount of funding received from Halton and St Helens Primary Care Trust with a view to securing 80% of the costs from the PCT.   

            The Sub-Committee received a report of the Strategic Director, Corporate and Policy which drew Members’ attention to a request received from Halton Credit Union to utilise the building formally occupied by the Information Centre in Church Street, Runcorn.

            The Sub-Committee was updated on the current situation in respect of a latest commercial interest in the Former Information Centre, Runcorn. In light of this information it was agreed that the report be deferred.

            RESOLVED: That given the current commercial interest the report be deferred.

MINUTES ISSUED: 9 April 2009

CALL IN:  20 April 2009

Any matter decided by the Executive Board may be called in no later than 20 April 2009.