Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 4^th August 2015 (previously circulated). 

The minutes of the meeting held on Tuesday 4^th August 2015 were approved as a correct record

The Chairman advised that there were no items of urgent business.

Councillor Hanson declared an interest with regard to the Land at the Former Shell ICI Site report in view of her son’s employment and advised the meeting that she would leave the room during consideration of that item.

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

The Chief Officers (Resources), (Governance) and (Regeneration & Planning) left the meeting at this point and returned to the meeting after the following item had been considered.

Report of the Overview and Scrutiny Committee

Cabinet received a report from the Overview and Scrutiny Committee to advise Cabinet of the outcome of the call-in of the Cabinet decision with regard to the Reorganisation of the Office of the Chief Executive (Cabinet Minute 17) and to request Cabinet to consider the recommendations of the Overview and Scrutiny Committee in relation to this matter.

The recommendations of the Overview and Scrutiny Committee were as follows:-

(1)           That Cabinet asks the Chief Executive to make a public report to the Personnel Committee, with an exempt appendix if necessary, on the legal and financial implications of

·                Replacing the Chief Executive

·                Sharing a Chief Executive (as is done by 80 local authorities)

·                Operating without a Chief Executive and making alternative arrangements for the Head of Paid Service

(2)           That the ad hoc committee set out in the Officer Employment Procedure Rules (Part 4, Section 6, Paragraph 3) in the Constitution considers the issues set out in (1) above.

(3)           That Cabinet’s decision to defer be re-expressed in terms of a deferral until after this report has been presented to the ad-hoc committee.

Councillor Hanson proposed, seconded by Councillor Clifford:

“That having considered the recommendations as set out in the Overview and Scrutiny Referral report Cabinet accepts recommendation (1).

Councillors then voted:-

Resolved unanimously:

(1)          That Cabinet asks the Chief Executive to make a public report to the Personnel Committee, with an exempt appendix if necessary, on the legal and financial implications of

·                Replacing the Chief Executive

·                Sharing a Chief Executive (as is done by 80 local authorities)

·                Operating without a Chief Executive and making alternative arrangements for the Head of Paid Service

Officer Responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The decision will enable the Personnel Committee the opportunity to consider the legal and financial implications of three possible options before Council makes a decision regarding the arrangements it wants to put in place when the current Chief Executive retires in June 2016. 

(Cabinet Member with Special Responsibility Councillor Blamire)

Report of Chief Officer (Governance)

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a report from the Chief Officer (Governance) to enable Cabinet to consider the level of service that should be provided by the Council in relation to the licensing of hackney carriages and private hire vehicles.

Cabinet was asked to consider at this stage whether it wished to consider reductions or enhancements in the levels of service provided for the licensing of hackney carriage and private hire vehicles, and if so, in which aspects, so that these could be further investigated and costed.

Councillor Pattison proposed, seconded by Councillor Clifford:-

“That Cabinet agrees not to explore any options to reduce or increase the level of service provided by the Council with regard to the licensing of hackney carriages and private hire vehicles at this time.”

Councillors then voted:-

Resolved unanimously:

(1)          That Cabinet agrees not to explore any options to reduce or increase the level of service provided by the Council with regard to the licensing of hackney carriages and private hire vehicles at this time.

Officer responsible for effecting the decision:

Chief Officer (Governance)

Reasons for making the decision:

Public Safety is a statutory duty and protecting the most vulnerable in our society is an underlying principle of the Council’s corporate plan.  Many taxi passengers are vulnerable persons and an effective licensing and enforcement regime is crucial for their protection and the safety of the public in general.

(Cabinet Member with Special Responsibility Councillor Blamire)

Joint Report of Chief Officer (Resources) & Chief Officer (Governance)

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a joint report from the Chief Officer (Governance) and the Chief Officer (Resources) which sought confirmation of Cabinet’s approval for strengthening the Council’s information management and governance arrangements.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Option 1 –      Confirm Officer proposals (the original proposal)

The proposal involves an increase in the establishment of one post.  Allowing for overheads, at maximum the annual cost would be approaching £40k per annum.  In the current financial year, 2015/16, costs may be in the region of £15k, depending on the recruitment process.  These costs can be met from within the £120K budget approved for ICT security and Public Services Network (PSN) compliance in February 2014.

Should Cabinet confirm support for the proposal, a report will be presented to Personnel Committee seeking approval for establishing the posts.  It is proposed that managerial responsibility for Information Governance would transfer to Internal Audit.

In the opinion of officers, the two proposed posts will provide the necessary knowledge and capacity to meet the information governance development needs as outlined in paragraph 2.4 as well as the capacity to deal with the information requests being received by the Council.  As mentioned, expectations for the future are such that resources will be required not just in the immediate term, to address the gaps identified and raise standards to an acceptable level, but also to maintain those standards into the future.

Option 2 –      Do not confirm Officer proposals.

Option 1 is preferred.  Dedicated resources are required to provide the expertise, capacity, and guidance necessary to enable the Council to fulfil its information governance responsibilities.

Councillor Clifford proposed, seconded by Councillor Leytham:-

“That the recommendation, as set out in the report, be approved.”

Councillors then voted:-

Resolved unanimously:

(1)       That Cabinet confirms its approval for the development of the corporate information governance function, as outlined in the report  ...  view the full minutes text for item 24.

(Cabinet Member with Special Responsibility Councillor Bryning)

Report of Chief Officer (Environment)

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Chief Officer (Environment) to inform Cabinet of the situation with regard to unauthorised use of public land on Dorrington Road. 

The report had been requested by Councillor Mills in her role as one of the ward councillors for the area in question.  No options were presented as the report was for information purposes only. Cabinet were requested to note the report and appendices.

Councillor Bryning proposed, seconded by Councillor Hanson:-

“That the report and appendices be noted.”

Councillors then voted:-

Resolved unanimously:

(1)          That the report and appendices be noted.

Officer responsible for effecting the decision:

Chief Officer (Environment)

Reasons for making the decision:

This is an operational matter and will be dealt with by Officers in accord with the relevant policies and procedures.  Responses from householders and requests from ward councillors will be considered by the Cabinet Member with Special Responsibility and every effort will be made to each a solution mutually agreeable to the Council and householders.

(Cabinet Member with Special Responsibility Councillor Hanson)

Report of Chief Officer (Regeneration & Planning)

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Chief Officer (Regeneration & Planning) which sought Cabinet approval to tender for the provision of Building Control Services.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

The officer preference is Option 3.  The Council must take steps to continue providing this service without continuing to build the deficit in its own trading account.  To do this the best alternative is to achieve economies of scale and changes in market perception by working with another party.  Members have expressed the preference to achieve efficiencies by working with other local authorities as part of their ethical role as an Ensuring Council.   However, despite best efforts and extensive trials no other local authority nearby has  ...  view the full minutes text for item 26.

(Cabinet Member with Special Responsibility Councillor Newman-Thompson)

Report of Chief Officer (Resources)

(Cabinet Members with Special Responsibility Councillors Blamire and Newman-Thompson)

Cabinet received a report from the Chief Officer (Resources) in order for Cabinet to agree a process for reviewing the Council’s Budget and Policy Framework for 2016/19 onwards and to update Cabinet on various policy and planning matters.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Thefollowingoptionsareavailable to Cabinet.

(1)          Approvetheproposalsandtimetablesetoutinthereportforreviewingand revisingthe Council’sBudgetandPolicyFramework.

(2)          Approve an amended version of theproposals, drawingonanyspecific issues thatCabinet have.

AssumingthatCabinethasnootherspecificissuestoaddressOption1 isthe Officerpreferred option, as it setsouta structured but very challenging approach forCabinettoreview the existingBudgetandPolicyFramework and tobring forwardits budgetand corporate planning proposals for2016/17 up to 2019/20, within statutory timescales.  The time and effort involved will mean that less is spent on other tasks.

Councillor Hanson proposed, seconded by Councillor Clifford:-

“That the recommendations, as set out in  ...  view the full minutes text for item 27.

(Cabinet Member with Special Responsibility Councillor Blamire)

Joint Report of Chief Officer (Governance) and Chief Officer (Resources)

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a joint report from the Chief Officer (Governance) and Chief Officer (Resources) to present the corporate financial monitoring report for Quarter 1 of the 2015/16 cycle and provide an update on improvements being made in corporate performance management, monitoring and reporting and the effective use of business intelligence to inform decision-making.

The report was for comments and noting.

Councillor Bryning proposed, seconded by Councillor Hanson:-

“That the recommendations, as set out in the report, be noted.”

Councillors then voted:-

Resolved unanimously:

(1)          That the corporate financial monitoring report and appendices be noted.

(2)          That the adopted Performance Management Framework and developing performance management arrangements and work being undertaken to support operational and strategic decision-making through an improved use of business intelligence and insights be noted.

Officers responsible for effecting the decision:

Chief Officer (Governance)

Chief Officer (Resources)

Reasons for making the decision:

The City Council’s Performance Management Framework requires the regular reporting of operational, as well as financial performance.

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item(s) in private. 

Cabinet is recommended to pass the following recommendation in relation to the following item(s):- 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Cabinet itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

It was moved by Councillor Pattison and seconded by Councillor Clifford:-

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Members then voted as follows:-

Resolved unanimously:

(1)          That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act. 

Councillor Hanson, having declared an interest in the following item left the room at this point and did not participate in the discussions or vote.

(Cabinet Member with Special Responsility Councillor Bryning)

Report of Chier Officer (Resources)

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Chief Officer (Resources) to report and obtain approval to extend the option period in the existing Option Agreement for the sale of land at the former Shell/ICI site as outlined in the exempt report.

The options, options analysis, including risk assessment and officer preferred option, were set out in a report exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972.

Councillor Bryning proposed, seconded by Councillor Clifford:-

“That the recommendations, as set out in the exempt report, be approved.”

Councillors then voted:-

Resolved unanimously:

(1)          That the Option Agreement with Clifton Marsh Power be extended beyond the initial two year period by one additional year to 29^th July 2017. 

(2)          That officers cease discussions for an option to lease land to accommodate the erection of one wind turbine as set out in the exempt report.

Officer responsible for effecting the decision:

Chief Officer (Resources)

Reasons for making the decision:

The decision supports the Council’s Corporate Plan, in particular its current priority of economic growth and key themes of environmental sustainability and managing the Council’s resources.

Councillor Hanson returned to the room at this point.

(Cabinet Member with Special Responsibility Councillor Bryning)

Report of Chief Officer (Resources)

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Chief Officer (Resources) to declare surplus to requirements and consider and approve the freehold disposal of areas of land fronting Back Lane, Carnforth.

The options, options analysis, including risk assessment and officer preferred option, were set out in a report exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972.

Councillor Bryning proposed, seconded by Councillor Leytham:-

“That the recommendations, as set out in the exempt report be approved.”

Councillors then voted:-

Resolved unanimously:

(1)             That the land off Back Lane, Carnforth, as shown edged and hatched red on the plan attached to the exempt report, be declared surplus to requirements and disposed of on the terms and conditions as set out in section 2.2 of the exempt report.

(2)             That Cabinet welcomes the additional capital receipt to be generated from the proposal, together with the resulting reduction in borrowing need and indicative revenue savings.

Officer responsible for effecting the decision:

Chief Officer (Resources)

Reasons for making the decision:

The Corporate Property Strategy requires that the Council review its asset base and only retain those assets required to meet its agreed objectives and priorities. Where assets are not required for this purpose they should be disposed of at best value. This is an opportunistic sale and it would also facilitate the delivery of additional units of affordable housing supporting the Corporate Plan’s Health and Wellbeing priorities.