Agenda, decisions and minutes

There were no apologies for absence

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 14 May 2020

RESOLVED – That the Minutes of the meeting of Cabinet held on 14 May 2020 were approved as a correct record and signed by the Leader of the Council.

Report of Councillor A Powell, Portfolio Holder for Housing and Communications and Loraine Shaw, Managing Director of Rykneld Homes Ltd

RESOLVED -

(1)    That Cabinet agreed to the appointment of the named Members of the Council to serve as Directors of the four Housing Services Group companies.

(2)     That Cabinet noted the arrangements for appointing the Non-Executive Directors to the Housing Services Group companies, as specified in the report.

REASONS FOR DECISION - To formally appoint the Council’s Directors to serve on the Housing Services Group companies.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The options of not making these or other Director appointments to the Housing Services Group companies was considered but rejected, as the Council had recently given its approval to the new structure.

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

Cabinet considered a report of Councillor A Powell, Portfolio Holder for Housing and Communications and Loraine Shaw, Managing Director of Rykneld Homes Ltd. The report proposed specific Member appointments to serve on the new Housing Services Group Structure companies.

Cabinet was informed that the Joint Monitoring Officer had been appointed as the sole Director of each of these companies and would serve until the Member appointments to them had been made. The report also made clear that two ‘Non-Executive Directors’ would be appointed and it explained the arrangements that had been put in place for this.

Members discussed the report. Cabinet recalled that the proposals to establish the North East Housing Services Group had recently been presented to Council and had received broad backing from Members of all parties. 

RESOLVED -

(1)    That Cabinet agreed to the appointment of the named Members of the Council to serve as Directors of the four Housing Services Group companies.

(2)     That Cabinet noted the arrangements for appointing the Non-Executive Directors to the Housing Services Group companies, as specified in the report.

REASONS FOR DECISION - To formally appoint the Council’s Directors to serve on the Housing Services Group companies.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The options of not making these or other Director appointments to the Housing Services Group companies was considered but rejected, as the Council had recently given its approval to the new structure.

Report of Councillor C Cupit, Portfolio Holder for Environment

RESOLVED -

(1)          That Cabinet noted the achievements of the Joint Environmental Health Service.

(2)          That Cabinet receive a final Service Review report, including a detailed 2020-23 Environmental Health Improvement Programme, pending conclusion of job evaluation and staff consultation.

(3)          That Cabinet receive a report on new ways of working in the Joint Environmental Health Service and the lessons learned for North East Derbyshire District Council, at its meeting in October 2020.

(4)          That a Business Case be developed to support the new ways of working in the Environmental Health Service, in collaboration with the Joint ICT Service, on the tools and solutions required to support these new ways of working, such as the early adoption of ‘Microsoft 365’, within the Joint Environmental Health Service.

REASONS FOR DECISION - To apprise Cabinet of the progress made by the Joint Environmental Health Service and to enable further improvements to be made.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - No alternative options would have been appropriate, given the importance of ensuring that the Joint Environmental Health Service continues to perform effectively.

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

Cabinet considered a report from Councillor C Cupit, Portfolio Holder for Environment, on the Joint Environmental Health Service. The report provided an update on how the Service had performed, the ways in which it had improved and responded to additional demands, as well as the scope for building on these improvements in the future.

Cabinet discussed the report and the especially the improved performance that had been achieved. Specific mention was made of how the Service had successfully carried-out the large backlog of outstanding food safety interventions.

Members heard that progress had continued to be made on Environmental Health Service Review. However, this had been slower than expected because the Service had to concentrate on the Coronavirus (Covid-19) outbreak; and especially on managing the emergency response and the rapid implementation of new ways of working in order to maintain service delivery.

Cabinet was informed about the next stages of the Review. In particular, Members heard that a final Improvement Programme for the period 2020-23 would be drawn up for Cabinet to consider.

RESOLVED -

(1)          That Cabinet noted the achievements of the Joint Environmental Health Service.

(2)          That Cabinet receive a final Service Review report, including a detailed 2020-23 Environmental Health Improvement Programme, pending conclusion of job evaluation and staff consultation.

(3)          That Cabinet receive a report on new ways of working in the Joint Environmental Health Service and the lessons learned for North East Derbyshire District Council, at its meeting in October 2020.

(4)          That a Business Case be developed to support the new ways of working in the Environmental Health Service, in collaboration with the Joint ICT Service, on the tools and solutions required to support these new ways of working, such as the early adoption of ‘Microsoft 365’, within the Joint Environmental Health Service.

REASONS FOR DECISION - To apprise Cabinet of the progress made by the Joint Environmental Health Service and to enable further improvements to be made.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - No alternative options would have been appropriate, given the importance of ensuring that the Joint Environmental Health Service continues to perform effectively.

Report of Councillor C Cupit, Portfolio Holder for Environment

RESOLVED - That Cabinet noted the Annual Status Report for Air Quality for the North East Derbyshire District in 2019.

REASONS FOR DECISION - To apprise Cabinet of the air quality status in the District

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The option of not referring the Air Quality Status Report to Cabinet was considered but rejected. The Annual Status Report for Air Quality is a statutory return. It was important that the Council demonstrated a commitment to Air Quality by referring it for consideration to Cabinet.

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

Cabinet considered a report from Councillor C Cupit, Portfolio Holder for Environment, on the Annual Status Report (ASR) for Air Quality in the North East Derbyshire District for 2019. This Status Report had been submitted to the Department for Environment, Food and Rural Affairs (DEFRA).

Members were informed that the Council had a legal duty to produce an ASR for the District. The process for preparing and submitting the Status Report to Government was explained to Cabinet.  Members noted that the document highlighted the action taken across Derbyshire to improve air quality, including the contribution made by the Council’s own Carbon Reduction Strategy.

Members discussed the Annual Air Quality Status Report. They welcomed the action that had been taken to improve air quality standards. Members emphasised the contribution which improved air quality could make towards achieving the Council’s Environmental, Health and Climate Change objectives for the District.

RESOLVED - That Cabinet noted the Annual Status Report for Air Quality for the North East Derbyshire District in 2019.

REASONS FOR DECISION - To apprise Cabinet of the air quality status in the District

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The option of not referring the Air Quality Status Report to Cabinet was considered but rejected. The Annual Status Report for Air Quality is a statutory return. It was important that the Council demonstrated a commitment to Air Quality by referring it for consideration to Cabinet.

Report of Councillor A Dale, Deputy Leader of the Council and Portfolio Holder for Council Services

RESOLVED - That Cabinet endorsed and approved the named corporate governance policies for adoption with immediate effect:

(a)       Joint Data Protection Policy;

(b)       Joint Access to Information Policy;

(c)       Joint Use of Overt Surveillance Systems

REASONS FOR DECISION - To ensure that the Council has up-to-date policies in place so that effective corporate governance can be maintained.

ALTERNATIVE OPTIONS CONSIDERED BUT 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.

Members considered a report of Councillor A Dale, Deputy Leader of the Council and Portfolio Holder for Council Services. This report recommended that Cabinet adopt corporate governance policies on Data Protection, Access to Information and the Use of Overt Surveillance Systems.  These policies were appended to the report.

Cabinet discussed the proposal. Members were reminded that the Council previously had a combined Freedom of Information, Environmental Information Regulations and Data Protection policy. Members learned that separate policies were now required in order to strengthen the Council’s accountability requirements under the General Data Protection Regulation (GDPR)

At the conclusion of the discussion Cabinet endorsed the policies. Members recognised that they would strengthen still further the Council’s corporate governance arrangements and so should be supported.

RESOLVED - That Cabinet endorsed and approved the named corporate governance policies

(a)       Joint Data Protection Policy;

(b)       Joint Access to Information Policy;

(c)       Joint Use of Overt Surveillance Systems

REASONS FOR DECISION - To ensure that the Council has up-to-date policies in place so that effective corporate governance can be maintained.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - No other options were considered.

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.

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 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 Minute].

Report of Councillor M.E. Thacker, M.B.E. J.P. Leader of the Council and Portfolio Holder for Overall Strategic Leadership

      (Paragraph 3)

Cabinet were informed of a potential business opportunity on the Avenue site. It was concluded that additional information and clarification would be required before the potential opportunity could be assessed by Cabinet and that no further action could be taken by Cabinet at this time.

RESOLVED – That consideration of the report be deferred.

Report of Councillor P Parkin, Portfolio Holder for Finance.

    (Paragraph 3 and 5)

RESOLVED - That Cabinet noted the budget monitoring position in response to the Coronavirus (Covid-19) pandemic.

REASONS FOR DECISION - To apprise Cabinet of the impact of the Coronavirus (Covid-19) pandemic on the Council’s financial resources and the response to this.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The report was concerned with monitoring the position against the Council’s previously approved budget. Accordingly the report did not set out any options requiring a decision by Cabinet.

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

Cabinet considered a report of Councillor P Parkin. This report explained the impact on the Council’s Medium Term Financial Plan of the Coronavirus (Covid-19) pandemic.

RESOLVED - That Cabinet noted the budget monitoring position in response to the Coronavirus (Covid-19) pandemic.

REASONS FOR DECISION - To apprise Cabinet of the impact of the Coronavirus (Covid-19) pandemic on the Council’s financial resources and the response to this.

ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED - The report was concerned with monitoring the position against the Council’s previously approved budget. Accordingly the report did not set out any options requiring a decision by Cabinet.

       (Paragraph 4)

Members received an update on the contingency planning arrangements at a regional and national level to help combat the outbreak of the Coronavirus (Covid19). Cabinet was also informed about the extensive work carried out by the Council to support vulnerable people, communities and businesses within the District during the virus outbreak.

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