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Decision Maker: Council
Made at meeting: 17/03/2021 - Council
Decision published: 19/03/2021
Effective from: 17/03/2021
Decision:
1) MOTION 572 (COUNCILLOR G BARNELL – 8 March 2021)
The Chairman had decided to allow this motion on notice out of time. He indicated at this point in the meeting that in relation to the motion only, part of procedural rule 16 be suspended to enable the motion to be discussed without the notice required under rule 14, referring specifically to the first few paragraphs of rule 16 and 16(a) in particular.
Secondly, in relation to the motion and the report on the Governance Working Group, he MOVED that Procedure Rule 16.3 be suspended to allow members to speak more than once.
Upon a vote being taken (with regard to the suspension of procedure rules) the MOTION was declared to have FAILED. However, the Chairman ruled that he intended to allow discussion of Motion 572 notwithstanding.
The Council had before it a MOTION submitted for the first time.
The proposals arising from the work of the Governance WG have not been sufficiently developed to be properly considered by the membership at today’s meeting. We propose that the Council postpone a decision on the recommendations of the Governance WG in order that changes can be:-
1. More fully developed by members and considered by each of the Council’s non regulatory committees.
2. Considered by the Council as an important contribution to forthcoming State of the District debate on the best Governance arrangements for the Council.
The MOTION was MOVED by Councillor G Barnell and seconded by Councillor A Wilce.
Consideration was given to:
· Views that the Governance Working Group had not followed the remit set by Council and considered all models of governance available and had just recommended the improvement of the policy development groups.
· The need for a State of the District Debate to involve the public in the continuation of the work started by the working group.
· There was a need to look at reform and that this should be progressed by the groups themselves which should include how the Scrutiny and Audit Committees were best supported.
· The working group should have considered a State of the District Debate within its work.
· The fact that a petition could change governance arrangements.
· The lack of involvement of all members in the work of the working group.
· Whether the motion sought to suppress discussion of the report of the working group and that this would not stop a State of the District Debate taking place.
· The lack of public involvement in the consultation process that did take place.
· There did not seem to be overwhelming support for change.
· Whether the working group had considered openness and transparency and the need for all members to take ownership of any decision for change.
· The need for further and better engagement with the public in any event.
· How the initial public consultation advertisement was worded and the need to think about democracy rather than governance.
· How the State of the District Debate could be better used by focussing on important issues such as economic recovery post pandemic or climate change.
· Changes to the governance system did not mean going back to a committee system but that there was a need to improve the current system.
· The lack of options for governance provided by the working group within its recommendations and that no costings had been included.
· The need to reform the current system and the need to widen the debate to include the public.
Following discussion and upon a vote being taken the MOTION was declared to have FAILED.
To consider the options for the procurement of
energy
Decision Maker: Cabinet
Made at meeting: 04/03/2021 - Cabinet
Decision published: 09/03/2021
Effective from: 13/03/2021
Decision:
The Cabinet had before it a * report of the Corporate Manager for Property, Leisure and Climate Change providing an overview of the options available for the supply of gas and electricity to the Council.
The Cabinet Member for Finance outlined the contents of the report stating that the energy supply contract for the General Fund and Housing Revenue Account for gas and electricity had a break date of 1 October 2021 and a six month termination notice would need to be exercised. There was a need to procure energy for the next 3 years. LASER was a specialist trading arm within Kent County Council and was dedicated to delivering gas, electricity and other utility services for the public sector. He explained the value for money exercise that had taken place and the results of the ongoing carbon footprint assessment for the Council.
He praised the work of the former Cabinet Member for Climate Change for her input into the report and highlighted that there was a need for the Council to continue to improve its carbon footprint.
RESOLVED that:
1) Delegated authority be given to the Cabinet Member for Finance, in consultation with the Corporate Manager for Property, Leisure and Climate Change, to continue with the LASER energy framework covering the purchase of Gas and Electricity between 01/10/2021 and 30/09/2024; and
2) Delegated authority be given to the Corporate Manager for Property, Leisure and Climate Change to submit a letter of intent to participate in the Devon Energy Collective; and
3) To procure a further 50% of our electricity consumption via the ‘Green Basket’ under the LASER Framework for renewable energy for an additional £8k in the financial year 21/22.
(Proposed by Cllr B A Moore and seconded by Cllr C R Slade)
Reason for decision - By not exercising the break date on 01/10/2021 that requires 6 months’ notice, the Council will continue to be contractually obliged to use the LASER Framework until 30/09/2024. The decision is to continue to use the OJEU compliant framework and the Council is getting economies of scale by joining this collaborative procurement with other Devon authorities.
Note: *Report previously circulated, copy attached to minutes
Lead officer: Andrew Jarrett
To consider a business plan and appraisal for
the Bampton site.
Decision Maker: Cabinet
Made at meeting: 04/03/2021 - Cabinet
Decision published: 09/03/2021
Effective from: 13/03/2021
Decision:
The Cabinet had before it a * report of the Deputy Chief Executive (S151) and from 3 Rivers Developments Limited providing Cabinet with a business case for a development scheme at Bampton which was included in the company’s recent Business Plan.
The Leader explained that the business case had been considered by the Scrutiny Committee at its meeting on 1 March 2021 and that a set of questions had been provided for consideration prior to determining the business case.
The Leader MOVED that: under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).
Upon a vote being taken this was APPROVED.
Following discussion the meeting returned to open session:
It was RESOLVED that the 3 Rivers Developments Limited business case for the site adjacent to Elizabeth Penton Way, Bampton, be approved.
(Proposed by Cllr B A Moore and seconded by Cllr R B Evans)
Reason for Decision - It had been agreed at Cabinet in July 2020 that any development with an estimated build cost in excess of £1m must be brought to Cabinet for consideration. This consideration would include a detailed business case report from the company.
Note: *Report previously circulated.
To consider the revised strategy
Decision Maker: Cabinet
Made at meeting: 04/03/2021 - Cabinet
Decision published: 09/03/2021
Effective from: 13/03/2021
Decision:
The Cabinet had before it a * report of the Corporate Manager for Property, Leisure and Climate Change seeking approval of the revised Asset Management and Capital Strategy Plan for 2021-2025.
The Cabinet Member for Housing and Property Services outlined the contents of the report stating that the latest version of the plan set out a continued direction for managing assets. In the document, the assets were seen as the means by which public benefits were delivered either through their employment or to deliver services or as investments. The plan highlighted joined up working that was taking place such as combining the grounds maintenance facility with the waste and recycling operation and set out the organisational framework for the strategic and day to day management of property through the placing of asset management in the Council structure and the establishment of specific asset management arrangements. Important issues such as carbon reduction were covered in the plan as were performance indicators to ensure that value for money was being delivered through the use of assets.
Consideration was given to capital financing and the increase in internal borrowing as highlighted within the report; it was explained that this mirrored the Capital Programme and outlined the use of temporary cash flow through investment.
RESOLVED that the Asset Management and Capital Strategy Plan for 2021-25 be approved.
(Proposed by Cllr R B Evans and seconded by Cllr B A Moore)
Reason for the decision – The delivery of the strategy will ensure best use of Council assets to continue to support the Council in delivering its service to the public.
Note: * Report previously circulated; copy attached to the minutes.
Lead officer: Andrew Busby
Decision Maker: Cabinet
Made at meeting: 04/03/2021 - Cabinet
Decision published: 09/03/2021
Effective from: 13/03/2021
Decision:
Following consideration of a report of the Deputy Chief Executive (S151), the Corporate Manager of Revenues, Benefits & Recovery and the Principal Revenues and Benefits Officer, the Audit Committee had recommended that the updated Corporate Recovery Policy be approved.
The Cabinet Member for Finance outlined the contents of the report stating that the fully updated policy reflected the new legislation which was due to come into effect in May 2021 and provided a more consistent approach for recovery of debt across the Council, it also provided a focus on assessing financial vulnerability and vulnerability in general.
RESOLVED that the revised policy be approved.
(Proposed by Cllr B A Moore and seconded by Cllr C R Slade)
Reasons for the decision:
· The policy will help to enforce and recover c£82m in local taxation and sundry debts. Failure to use a consistent approach could have a detrimental effect on budgets and delivery of services.
· The policy sets the framework for a consistent and sensitive approach to collecting debt whilst at the same time ensuring that the Council continues to maximise income collection and arrears recovery performance.
· This policy should ensure that each debtor is treated fairly and minimises then risk of legal challenge
· There is a potential reputational risk should the policy not be adhered to.
· Maximising income for the Council is essential particularly during current financially challenging years. It is important to have a policy that is clear and transparent to ensure any recovery action is timely and proportionate.
Note: * Report previously circulated; copy attached to the minutes.
To consider the award of the tender
Decision Maker: Cabinet
Made at meeting: 04/03/2021 - Cabinet
Decision published: 09/03/2021
Effective from: 13/03/2021
Decision:
The Cabinet had before it a * report of the Corporate Manager for Property, Leisure and Climate Change reviewing the results of the tender for Beech Road, Tiverton and seeking to award the JCT Design & Build 2016 Contract as amended.
The Cabinet Member for Housing and Property Services outlined the contents of the report stating that the recommendation was to provide 3 social rented houses on HRA land at Beech Road. He explained that further consultation should take place with the owners of neighbouring properties as the previous consultation had taken place some time ago. He explained the tender process and highlighted that consideration had been given to quality as well as price in the scoring of the tenders received.
RESOLVED that:
The Deputy Chief Executive (S151) and the Deputy Leader and Cabinet Member for Housing and Property Services be given delegated authority to award the contract for works required to provide three social rented houses at Beech Road in Tiverton, once consultation has been concluded to:
(i) Contractor 2 under a JCT Design and Build Contract 2016 (as amended).
(ii) To fund the balance of the development at £222k as detailed in paragraph
5.8 of the report
(Proposed by Cllr R B Evans and seconded by Cllr C R Slade)
Reason for the decision - there was a need to confirm the award of the tender so that the specified work could be progressed and for the funding for the project be approved.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Andrew Jarrett