Agenda, decisions and minutes

Cabinet - Thursday, 14th November, 2019 4.30 pm

Venue: Executive Meeting Room

Contact: Alan Maher 

Items
No. Item

369.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors C Cupit, A Dale, B Lewis,     P Parkin and A Powell. 

370.

Declarations of Interest

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.

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.

 

Councillors A Dale, B Lewis and A Powell had indicated previously that they had an interest in items 8(a) and 8(b) on the agenda, in their capacity as members of the Rykneld Homes Limited (RHL) Board.  They had confirmed that they would not attend the meeting and as such would not participate in Cabinet’s discussion or determination on these items. 

 

371.

Exclusion of Public

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

Minutes:

RESOLVED - 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 Paragraph 3 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 Minute].

 

372.

The Future of Housing Services for North East Derbyshire District Council (Paragraph 3)

Report of Councillor R Welton – Portfolio Holder for Housing

Decision:

RESOLVED – That Cabinet:-

 

(1)      Noted the Independent Review findings on the future of Housing Services for North East Derbyshire District Council and determined the areas of priority, where further actions are required, as specified at the meeting;

 

(2)      Requested that the Chief Executive, in consultation with the Leader of the Council and relevant Cabinet Portfolio Holders, agree a plan and timetable, in consultation with Rykneld Homes Ltd, for taking forward the priority actions as specified at the meeting.

 

(3)   Agreed that the plan and timetable for taking forward priority actions be reported to a future meeting of Cabinet.

 

REASON FOR DECISION –

 

To enable Cabinet to identify and progress the priority actions which it has identified on the future of Housing Services for North East Derbyshire District Council.

 

OTHER OPTIONS CONSIDERED & REJECTED -

 

The alternative option of not undertaking an independent review was considered but rejected, for the reasons specified in the report.

 

Minutes:

Cabinet considered a report of Councillor Richard Welton, Portfolio Holder for Housing.  The report explained the findings of an independent review of housing services. 

 

Members discussed the findings of the independent review.  There was a consensus that it had been an excellent piece of work, which would enable the Council to develop further its housing services.  At the conclusion of the discussion, Cabinet determined a range of specific actions that it agreed should now be progressed. 

 

RESOLVED – That Cabinet:-

 

(1)      Noted the Independent Review findings on the future of Housing Services for North East Derbyshire District Council and determined the areas of priority, where further actions are required, as specified at the meeting;

 

(2)      Requested that the Chief Executive, in consultation with the Leader of the Council and relevant Cabinet Portfolio Holders, agree a plan and timetable, in consultation with Rykneld Homes Ltd, for taking forward the priority actions as specified at the meeting.

 

(3)     Agreed that the plan and timetable for taking forward priority actions be reported to a future meeting of Cabinet.

 

REASON FOR DECISION –

 

To enable Cabinet to identify and progress the priority actions which it has identified on the future of Housing Services for North East Derbyshire District Council.

 

OTHER OPTIONS CONSIDERED & REJECTED -

 

The alternative option of not undertaking an independent review was considered but rejected, for the reasons specified in the report.

 

373.

Re-admission of the Public

Minutes:

Cabinet agreed at this point to re-admit the public into the meeting. 

374.

Governance Arrangements between the Council and Rykneld Homes Limited pdf icon PDF 272 KB

Report of Councillor R Welton – Portfolio Holder for Housing

Additional documents:

Decision:

RESOLVED – That Cabinet:-

 

(1)          Noted the changes made by the Rykneld Homes Board to its Structure, Recruitment Process and Governance arrangements, as specified in the report;

 

(2)          Ratified the changes to the Company’s Articles of Association, on the terms as specified in the report, on an interim basis;

 

(3)          Agreed that Council appoint a new Council Chair of the Rykneld Homes Board and nominate a further parent Board Member;

 

(4)          Agreed that delegated authority be given to the Chief Executive Officer, in consultation with the Leader of the Council and Portfolio Holder, to agree to any changes required as a result of the external legal advice received by the Council.

 

REASON FOR DECISION –

 

To ratify the proposed changes to the Rykneld Homes Limited (RHL) Articles of Association on an interim basis.

 

OTHER OPTIONS CONSIDERED & REJECTED -

 

The alternative of not ratifying the changes to the Company’s Articles of Association on an interim basis was considered but rejected. This would not have provided the leadership and control which the Council seeks as the sole shareholder in the company.

 

Minutes:

Cabinet considered a report of Councillor Richard Welton, Portfolio Holder for Housing.  The report asked Members to consider the governance arrangements between the Council and Rykneld Homes Limited (RHL).  In particular, Cabinet was asked to endorse the changes to the company’s Board structure, governance arrangements as well as associated changes to the company’s Articles of Association, which the company’s Board had previously approved. 

 

Members discussed the report.  There was general agreement that the proposed changes and in particular, the associated changes to the company’s Articles of Association should be endorsed on an interim basis, while the further actions determined by Cabinet at this meeting were progressed. 

 

 

RESOLVED – That Cabinet:-

 

(1)          Noted the changes made by the Rykneld Homes Board to its Structure, Recruitment Process and Governance arrangements, as specified in the report;

 

(2)          Ratified the changes to the Company’s Articles of Association, on the terms as specified in the report, on an interim basis;

 

(3)          Agreed that Council appoint a new Council Chair of the Rykneld Homes Board and nominate a further parent Board Member;

 

(4)          Agreed that delegated authority be given to the Chief Executive Officer, in consultation with the Leader of the Council and Portfolio Holder, to agree to any changes required as a result of the external legal advice received by the Council.

 

REASON FOR DECISION –

 

To ratify the proposed changes to the Rykneld Homes Limited (RHL) Articles of Association on an interim basis.

 

OTHER OPTIONS CONSIDERED & REJECTED -

 

The alternative of not ratifying the changes to the Company’s Articles of Association on an interim basis was considered but rejected. This would not have provided the leadership and control which the Council seeks as the sole shareholder in the company.

 

375.

Urgent Items

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.

Minutes:

There was no urgent business to be considered in the private session at this meeting of Cabinet.