Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 13 September 2022 (previously circulated). 

The minutes of the meeting held on Tuesday 13 September 2022 were approved as a correct record.

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

(The Leader has agreed to two items of urgent business:  Treasury Management (pages ) and Acceptance of External Funding (pages ): The second item of urgent business being exempt from publication will need to be considered in the private part of the meeting.

The Chair advised that there were two items of urgent business. The first was the Treasury Management Report (minute 36 refers) and the second to report to Cabinet an Urgent Business Decision taken by the Chief Executive (minute 40 refers.)  The Chair confirmed that the order of the agenda would therefore be revised with the Treasury Management Report being considered as the first report and the Urgent Business Decision, which was exempt, being tabled after the exclusion of the press and public.

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.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Finance Officer to consider various matters in connection with the Treasury Management Mid-Year Review 2022/23.  The Leader had agreed to take this as an item of urgent business to avoid any delay in enabling it to be scrutinised by the Budget & Performance Panel prior to being submitted to Council.

The report was for consideration and progressing to Budget & Performance Panel and Full Council.  The Treasury Management Strategy (TMS) for 2022/23, which included the Annual Investment Strategy was approved by the Council on 23 February 2022. There were no policy changes to the TMS; the details in the report updated the position in light of the updated economic position and budgetary changes already approved.

Councillor Caroline Jackson proposed, seconded by Councillor Wood:-

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

Resolved unanimously:

(1)             That the various matters in connection with the Treasury Management Mid-Year Review 2022/23 be noted and the report forwarded to the Budget & Performance Panel and Full Council for consideration in accordance with CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code.

Officer responsible for effecting the decision:

Chief Finance Officer

Reasons for making the decision:

Effective Treasury Management and use of the Councils’ resources is fundamental to the delivery of its priorities and outcomes.  Treasury Management forms part of the Council’s budget framework and consideration of Treasury Management Mid-Year Review and presentation to FullCouncil will ensure the Council complies with CIPFA’s Code of Practice on TreasuryManagement (the Code) and the CIPFA Prudential Code for Capital Finance in LocalAuthorities (the Prudential Code).

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Director for Economic Growth & Regeneration  (report published on 19.10.22)

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Director for Economic Growth & Regeneration which presented the Asset Management Strategy (Non-Housing) 2022-26 to Cabinet for approval.

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

The officer preferred option is Option 1. Only through the effective implementation of an Asset Management Strategy can the council be confident that it is efficiently and effectively managing its property portfolio.

It was proposed by Councillor Hamilton-Cox

“That recommendations 1 to 4 as set out in the report be approved, together with a revision to recommendation (5) which would now read ‘ that Cabinet reviews the existing list of all assets to identify those which may provide opportunities for disposal’ along with two further recommendations:(6)Cabinet requests that a confidential report comes forward to December cabinet which summarises all expressions of interest received for development of the Frontierland site & (7) Cabinet requests that the Economic Growth & Regeneration directorate's proposal for land owned by the council at Scotforth - referencing the status update on the use of the land to October's Capital Assurance Group that: 'Officers are reviewing structure of a deal for the council's land subject to Planning and Member approval that will generate a long term revenue for the council' is brought to December cabinet in order to determine whether the principle of the deal (not its structure) is accepted by cabinet.’

Councillor  ...  view the full minutes text for item 36.

Councillor Brookes arrived whilst the following item was being introduced and was in attendance during questions and debate.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Director for Economic Growth & Regeneration (report published on 19.10.22)

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Director for Economic Growth & Regeneration to outline a proposal for the Council’s electricity contract for the next four years. The Council’s electricity contract was due to expire on March 31, 2023 and the report outlined the reasons why the contract should be renewed for a period of four years. The contract covered all the non-Council housing property portfolio, as well as some Council Housing properties.

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

The officer preferred option is Option 3.  Renewing the current approach to managing our electricity contracts provides a degree of confidence that would not otherwise be possible without incurring additional time and expense. This will also provide the maximum available security during a period of volatility in the energy market and allow for the council to continue towards its Zero Carbon agenda.

In accordance  ...  view the full minutes text for item 37.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Head of Financial Services  (report published on 25.10.22)

Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Finance Officer to consider and approve the transfer from allocated reserves, the updated Reserves Strategy and note the s151 Officer’s assessment of the minimum level of reserves.

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

The officer preferred option is Option 1. This option is designed to clarify how reserves are managed and utilised in order to balance the delivery of Council priorities with securing financial resilience in light of the current pressures.

Councillor Caroline Jackson proposed, seconded by Councillor Wood:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That Cabinet approve the transfer of £5.913M from the Council’s allocated

reserves to the General Fund unallocated reserve.

(2)        That Cabinet recommend that Full Council amend the Budget & Policy Framework to incorporate the amendment to the Reserves Strategy.

(3)        That Cabinet recommend that Full Council notes the s151 Officer revised minimum level of unallocated reserves.

Officer responsible for effecting the decision:

Chief Finance Officer

Reasons for making the decision:

The Reserves Strategy aims to ensure that the Council retains sufficient reserves to

provide financial resilience but, at the same time, balances this with the prudent use of those reserves in order to support key outcomes.  The report and appendices provide an update to the Council’s Reserve Strategy which is part of the budget framework and any decision to amend the budget framework is a function of full council.

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 items:- 

“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 items 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 items 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 Heath and seconded by Councillor Wood:-

“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. 

In accordance with the Scheme of Delegation to Officers (Part 2, Section 7 – Delegations to the Chief Executive Matters of Urgency the Chief Executive submitted a report to Cabinet with details of an urgent decision taken following consultation with the Leader and relevant portfolio holders with regard to the acceptance of external funding.  The report was exempt from publication under the OPE grant publicity embargo terms and exempt from publication by virtue of paragraph 3, of Schedule 12a of the Local Government Act 1972.

Details of the urgent decision including the circumstances which made the action necessary were set out in the exempt report.

Resolved:

That Cabinet note the decision taken as a matter of urgency by the Chief Executive in accordance with the Constitution, as detailed in the exempt report.

(Cabinet Member with Special Responsibility Councillor Matthews)

Report of Head of Housing

Cabinet Member with Special Responsibility Councillor Cary Matthews)

Cabinet received a report from the Head of Housing with regard to key forthcoming changes to building compliance and fire safety legislation associated with the Council Housing function, as well as highlighting key risks and actions that arose from these. The report set out associated costs linked to building safety works across the Council Housing portfolio, and requested Cabinet decide on funding this programme of works.  The report was exempt from publication by virtue of Paragraph 3, Schedule 12A of the Local Government Act, 1972.

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

Councillor Matthews proposed, seconded by Councillor Dowding:-

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

Councillors then voted:-

Resolved unanimously:

The resolution is set out in a minute exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act, 1972.

Officer responsible for effecting the decision:

Head of Housing

Reasons for making the decision:

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with Council priorities is set out in the exempt minute.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Head of Financial Services (report published on 24.10.22)

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Interim Head of ICT & Head of Financial Services  to seek capital growth approval in the 2022/23 Capital Programme to cover investment into a district-wide 33km optical fibre spine network and supporting infrastructure. The report was exempt from publication by virtue of paragraph 3, of Schedule 12a of the Local Government Act 1972.

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt.

Councillor Hamilton-Cox proposed, seconded by Councillor Heath:-

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

Councillors then voted:-

Resolved unanimously:

The resolution is set out in a  minute exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act, 1972.

Officers responsible for effecting the decision:

Interim Head of ICT & Head of Financial Services

Reasons for making the decision:

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with Council priorities is set out in the exempt minute.