Agenda, decisions and minutes

With the agreement of the Chair, Councillor M Foster and P Parkin contributed to the meeting virtually, through the electronic Conference Call system. They did not participate in the decisions taken by Cabinet at the meeting.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, 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 of Interest.

To approve as a correct record and the Leader to sign the attached Minutes of the meeting of Cabinet held on 9 September 2021.

RESOLVED – That the minutes of the meeting held on 9 September 2021 were approved as a true record.

Report of the Chairs of the Overview and Scrutiny Committees

RESOLVED

That Cabinet supported the Work Programmes for the Audit & Corporate Governance Scrutiny Committee, the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee for the 2021/22 municipal year. 

REASON FOR DECISION

To keep Cabinet informed of the Work Programmes of the Council’s four Scrutiny Committees. 

OTHER OPTIONS CONSIDERED AND REJECTED 

No alternative options were considered.  

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

Cabinet considered the proposed work programmes for the Audit and Corporate Governance Scrutiny Committee, the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee.  The work programmes covered the 2021-22 municipal year.  Members were informed that they would be implemented flexibly, so that the committees could address any unexpected issues which might emerge during the year. 

Members welcomed the proposed Scrutiny Committee work programmes and the wide range of issues which they covered. Cabinet also welcomed the flexible approach to how they would be implemented.

RESOLVED - That Cabinet supported the Work Programmes for the Audit & Corporate Governance Scrutiny Committee, the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee for the 2021/22 municipal year. 

REASON FOR DECISION - To keep Cabinet informed of the Work Programmes of the Council’s four Scrutiny Committees. 

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options were considered.  

Report of Councillor C Renwick, Portfolio Holder for Economic Growth

RESOLVED

That Cabinet endorsed the proposed Action Plan as set out in the report in response to the Growth Scrutiny Committee Review of Business Centres and Industrial Units.

REASONS FOR THE DECISION

To confirm Cabinet’s support for the review’s recommendations and agree the actions to be taken in response to it.

OTHER OPTIONS CONSIDERED AND REJECTED 

No other options were considered.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

The report to Cabinet set out the suggested response to the Growth Scrutiny Committee review of how Business Centre and Industrial Units in the District were managed. It included an Action Plan of measures that it proposed should now be taken.

Members were reminded that the review had been carried out during the 2018/19 municipal year. The current Growth Scrutiny Committee, it was explained, had considered the review report and had largely agreed with its findings and recommendations. It had asked that these be submitted to Cabinet for consideration.

Cabinet discussed the proposed Action Plan. Members reflected on what progress had been made towards improving the service since the review had taken place. They also heard how many of the issues raised by the review had, or were, being addressed.

RESOLVED - That Cabinet endorsed the proposed Action Plan as set out in the report in response to the Growth Scrutiny Committee Review of Business Centres and Industrial Units.

REASONS FOR THE DECISION - To confirm Cabinet’s support for the review’s recommendations and agree the actions to be taken in response to it.

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered.

Report of Councillor M Foster, Portfolio Holder for Council Services

RESOLVED

Cabinet noted the progress achieved during the second year of the Council’s Single Equality Scheme 2019-23.

REASONS FOR DECISION

To appraise Cabinet of progress made towards achieving the Council’s Single Equality Scheme objectives

OTHER OPTIONS CONSIDERED AND REJECTED

No other options were considered. The Council has a statutory duty to publish information demonstrating with the General Equality Duty.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

Cabinet considered performance information on the Council’s Single Equality Scheme 2019-23. Members heard about the good progress which been made during the second year of the scheme. In particular, it set out the actions that had been taken to help achieve the Council’s equality objectives.

As part of this, the report informed Members about what support had been provided during the Coronavirus (Covid-19) outbreak. Cabinet was informed about the Community Action Grant (CAG) scheme, and how this had been used successfully to support local groups. Members also heard how the Council had supported the national vaccination programme with over 60,000 people receiving vaccinations at the Sharley Park Leisure Centre.

Cabinet discussed the report. Member welcomed what had been achieved and the important contribution that the Single Equality Scheme had made to the Council.

RESOLVED - Cabinet noted the progress achieved during the second year of the Council’s Single Equality Scheme 2019-23.

REASONS FOR DECISION - To appraise Cabinet of progress made towards achieving the Council’s Single Equality Scheme objectives

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered. The Council has a statutory duty to publish information demonstrating with the General Equality Duty.

Report of Councillor P Parkin, Portfolio Holder for Finance

RESOLVED

That Cabinet noted the budget monitoring position for the financial year 2021-22, as set out in the report.

REASONS FOR DECISION

To inform Cabinet the financial position of the Council following the second quarter’s (Q2) budget monitoring exercise for the General Fund, the Housing Revenue Account, Capital Programme and Treasury Management activity.

OTHER OPTIONS CONSIDERED AND REJECTED

No other options were considered. The report provided monitoring information for Members on the financial position against the Council’s previously approved budget.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

Cabinet considered monitoring information on the Council’s Medium Term Financial Plan. This set out the position against the General Fund, the Housing Revenue Account and the Capital Programme budgets for the second quarter (July-September 2021) of the 2021-22 financial year.

Members discussed the monitoring information. Cabinet heard about the impact which the Coronavirus (Covid-19) pandemic had on Council services and the recovery in income which had begun to take place, especially for leisure services, following the end of the ‘lockdown’ restrictions.  Cabinet also heard about the support received from Central Government. Members noted how this support had helped the Council offset lost income and to maintain its services in difficult circumstances.

Members considered significant budget variations that had occurred. They were informed of expenditure against the Invest to Save Budget the Capital Programme and the Housing Revenue Account. Cabinet also considered the Council’s Treasury Management functions. This included what the Council had borrowed and what temporary investments had been made.

RESOLVED - That Cabinet noted the budget monitoring position for the financial year 2021-22, as set out in the report.

REASONS FOR DECISION - To inform Cabinet the financial position of the Council following the second quarter’s (Q2) budget monitoring exercise for the General Fund, the Housing Revenue Account, Capital Programme and Treasury Management activity.

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered. The report provided monitoring information for Members on the financial position against the Council’s previously approved budget.

Report of Councillor P Parkin, Portfolio Holder for Finance

Key Decision

RESOLVED

(1)  That Cabinet approved the use of the Resilience Reserve to fund the approved growth for the waste recycling service, as specified in the report.

(2)  Cabinet approved that any subsequent under-spend on the General Fund in respect of 2021/22 be transferred to the Resilience Reserve to “pay-back” the contribution made during the current financial year and increase financial resilience for future years.

(3)  Cabinet recommend to Council that:

(a)  The budget in respect of the General Fund as set out in Appendix 1 of the report be approved as the Current Budget for 2021/22

(b)  The budget in respect of the Housing Revenue Account (HRA) as set out in Appendix 3 of the report be approved as the Current Budget for 2021/22

(c)  The Capital Programme as set out in Appendix 4of the report be approved as the Current Budget for 2021/22.

REASONS FOR DECISION

To enable revised budgets to be prepared as early as possible within the financial year, in order to provide sufficient time to allow any planned changes to be delivered. The Council has faced financial challenges this year putting pressure on the ability to set a balanced General Fund budget. Careful budget management, use of reserves ring fenced for providing resilience when needed, and the ongoing progression of the Transformation Agenda has mitigated this.

OTHER OPTIONS CONSIDERED AND REJECTED

No alternative options were considered. Decisions on how resources are used will be taken by Members as part of the 2022/23 Medium Term Financial Planning process.

This is a Key Decision.  The call-in period for the decision will run until Monday 6 December 2021

The report to Cabinet recommended that Council be asked to approve revised budgets for the General Fund, Housing Revenue Account and the Capital Programme, for the remainder of the 2021-22 financial year. In particular, it set out specific proposals for funding the budget growth required for the Waste Recycling Service.

Members were reminded that earlier in the year Council had approved an increase in expenditure to meet the cost of bringing ‘in-house’ the Waste Recycling Service. This action had been required in order to maintain the service, following the insolvency of the previous provider. The report proposed that this increased expenditure be met from the Council’s ‘Resilience Reserve’ fund. It also proposed that the Resilience Reserve fund be then replenished, or paid-back, from savings to be made during the remainder of the year. Future years funding of the service, it was explained, would be considered as part of the Council’s budget setting process.

Cabinet discussed the report. Members reflected on the financial challenges facing the Council and the savings that would need to be made in order to address the underlying forecast budget deficits during the remaining years of the Council’s Medium Term Financial Plan (MTFP).

RESOLVED

(1)             That Cabinet approved the use of the Resilience Reserve to fund the approved growth for the waste recycling service, as specified in the report.

(2)             Cabinet approved that any subsequent under-spend on the General Fund in respect of 2021/22 be transferred to the Resilience Reserve to “pay-back” the contribution made during the current financial year and increase financial resilience for future years.

(3)             Cabinet recommend to Council that:

(a)       The budget in respect of the General Fund as set out in Appendix 1 of the report be approved as the Current Budget for 2021/22

(b)       The budget in respect of the Housing Revenue Account (HRA) as set out in Appendix 3 of the report be approved as the Current Budget for 2021/22

(c)       The Capital Programme as set out in Appendix 4of the report be approved as the Current Budget for 2021/22.

REASONS FOR DECISION - To enable revised budgets to be prepared as early as possible within the financial year, in order to provide sufficient time to allow any planned changes to be delivered. The Council has faced financial challenges this year putting pressure on the ability to set a balanced General Fund budget. Careful budget management, use of reserves ring fenced for providing resilience when needed, and the ongoing progression of the Transformation Agenda has mitigated this.

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options were considered. Decisions on how resources are used will be taken by Members as part of the 2022/23 Medium Term Financial Planning process.

Report of Councillor A Powell, Portfolio Holder for Housing, Communities and Communications

RESOLVED

That the Council’s companies:

(a)  Homes for North East Derbyshire Limited,

(b)  NE Housing Trading Company Limited, and

(c)   NE Derbyshire Housing Development Company Limited,

be now wound up.

REASONS FOR DECISION

The Companies are not required to ensure the Council’s regeneration and economic development aims are achieved.

OTHER OPTIONS CONSIDERED AND REJECTED

The option of retaining the companies was considered but rejected, as the companies are not required.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

The report to Cabinet recommended that the Council’s Companies: Homes for North East Derbyshire Limited, NE Housing Trading Company Limited and NE Derbyshire Housing Development Company Limited, should now be wound-up or ended. Cabinet was reminded that although the Companies had been established, they had remained dormant. Only the Assistant Director of Governance served on them.

Members was informed that new arrangements had been put in place which had made the Companies unnecessary. In particular, Cabinet noted that an Investment Forum had been established, to deal with regeneration projects and proposals within the Council.  A Partnership Forum had also been established, to deal with the contractual relationship for the Council’s housing stock.

Cabinet discussed the proposals and agreed that it would be appropriate to wind-up or the Companies.

RESOLVED - That the Council’s Companies:

(a)             Homes for North East Derbyshire Limited,

(b)             NE Housing Trading Company Limited, and

(c)              NE Derbyshire Housing Development Company Limited,

be now wound-up.

REASONS FOR DECISION - The Companies are not required to ensure the Council’s regeneration and economic development aims are achieved.

OTHER OPTIONS CONSIDERED AND REJECTED - The option of retaining the companies was considered but rejected, as the companies are not required.

Report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change

RESOLVED

(a)         That Cabinet approved the proposed refurbishment works identified within the report in order to address fire safety and improve the provision of welfare facilities at the Eckington Depot.

(b)         That Council be recommended to increase the current Capital Programme by £0.525m in order to fund these works

REASONS FOR DECISION

To enable the required refurbishments work to Eckington Depot as specified in the report to be carried out.

OTHER OPTIONS CONSIDERED AND REJECTED

No alternative options were considered at this time.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

Members were asked to support refurbishment works at the Council’s Eckington Depot. The report to Cabinet explained that the refurbishment work would help to resolve specific safety issues on the site. It would also improve facilities for those employees who worked there. 

Members considered the report. There was a consensus that the proposed improvements were appropriate and should be supported.

RESOLVED

(1)       That Cabinet approved the proposed refurbishment works identified within the report in order to address fire safety and improve the provision of welfare facilities at the Eckington Depot.

(2)       That Council be recommended to increase the current Capital Programme by £0.525m in order to fund these works

REASONS FOR DECISION - To enable the required refurbishments work to Eckington Depot as specified in the report to be carried out.

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options were considered at this time.

To consider any other matter which the Leader is of the opinion should be considered as a matter of urgency, in accordance with the provisions of Statutory Instrument 2012 No 2089, Regulation 11.

There were no urgent items.

The Leader to move:-

That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006).  [The category of exempt information is stated after each item].

Private Session

RESOLVED – That the public be excluded from the meeting during the discussion of the following item(s) of business to avoid the disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006). [The category of exempt information is stated after each item].

                                                                                                         Paragraph 4

Cabinet received an update on the contingency planning arrangements that were now ongoing at a regional and national level to help combat the outbreak of the Coronavirus (Covid-19).

(Paragraph 4)

To consider any other matter which the Leader is of the opinion should be considered as a matter of urgency, in accordance with the provisions of Statutory Instrument 2012 No 2089, Regulations 5 and 11.

There were no urgent items.