Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 14 July 2020 (previously circulated). 

The minutes of the meeting held on Tuesday 14 July 2020  were approved as a correct record.

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

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

No declarations were made at this point.

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

At this point the Chair requested that standing order 17 (Cabinet Procedure Rule 17) be suspended to allow for questions to be taken from all members as the reports were introduced.  The proposal was moved by Councillor Sinclair, seconded by Councillor Brookes and there was no dissent to the proposal.

Resolved unanimously:

(1)             That Standing Order 17 (Cabinet Procedure Rule 17) be suspended.

(Cabinet Member with Special Responsibility Councillor Lewis)

Report of Director of Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Lewis)

Cabinet received a report from the Director for Communities and Environment which sought authorisation to complete an award of contract in accord with the ‘Covid-19 Pandemic- Policy for decision making and spending delegations within the Budget and Police Framework.’

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

The options are to either authorise completion of the award of contract or not.

Not authorising this will still mean that replacement vehicles need to be procured in order to ensure continuity of service delivery. The vehicles procured would be diesel powered. Delay in procurement would incur some costs in the repairs and maintenance of vehicles being operated beyond their expected lifespan. It would also conflict with the Council’s climate change aspirations.

The officer preferred option is to authorise officers to award the contract.  

Councillor Lewis proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

It was noted that Councillor Parr was experiencing technical issues and was unable to vote in the live teams meeting.

Resolved:

(1)             That officers be authorised to complete the award of contract for two electric refuse collection vehicles.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the Decision:

The decision is consistent with the Council’s target to become carbon neutral by 2030. The Council’s refuse collection vehicles produce approximately 25% of its direct CO2 emissions. Switching the vehicle fleet from diesel to electric power is an agreed part of the Council’s climate change plans.  The principle of purchasing two electric refuse collection vehicles was considered extensively during the formulation of the Council’s 20/21 budget and funding for their purchase was approved by Full Council on 26 February 2020.  The ‘Covid-19 Pandemic- Policy for decision making and spending delegations within the Budget and Police Framework’ require items of spend over £150K to be authorised by Cabinet (with some defined exceptions.)

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 items in private. 

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

“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 has been marked as exempt, it is for Cabinet itself to decide whether or not to consider it 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 Whitehead and seconded by Councillor Frea:-

“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.”

There was no dissent to the proposition.

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. 

The ‘Live’ Teams meeting concluded at this point and Cabinet reconvened in a private Teams meeting.

(Cabinet Member with Special Responsibility Councillor Lewis)

Referral from the Overview & Scrutiny Committee

The call-in documentation can be found using the following link:

http://modgov/mgAi.aspx?ID=44522#mgDocuments

A referral from the Overview and Scrutiny Committee was considered following the Overview and Scrutiny call-in meeting held on 5 August 2020 in relation to the Property Investment Strategy – Investment Proposal Phase 3 Business Case.  The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

Further details are set out in exempt minute 36.

Resolved unanimously:

(1)            That Cabinet does not accept the recommendation from the Overview and Scrutiny Committee.

Resolved:

(7 Members (Councillors Brookes, Frea, Hanson, Lewis, Parr, Sinclair & Whitehead) voted in favour, 2 Members (Councillors Hamilton-Cox & Caroline Jackson) voted against.)

(2)            That Cabinet re-affirms its previous decision of 14 July 2020 as set out in Exempt Minute 27.