Agenda, decisions and draft minutes

Cabinet - Tuesday, 16th November, 2021 10.00 am

Venue: Via Zoom https://us06web.zoom.us/j/94660495291

Contact: Tom Delaney  01572 720993

Media

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

 

2.

ANNOUNCEMENTS FROM THE CHAIRMAN AND/OR HEAD OF THE PAID SERVICE

Minutes:

Councillor O Hemsley advised that as of midnight on 16 November Councillor A Walters would be leaving the Cabinet and Councillor L Stephenson would be taking on responsibility for leisure for an interim period, whilst and Councillor Hemsley would be taking on interim responsibility for health.

 

Councillor Hemsley expressed his thanks to Councillor Walters for the hard work and support given not only to his Portfolio area but to the Cabinet as a whole.

3.

DECLARATIONS OF INTEREST

In accordance with the Regulations, Members are required to declare any personal or prejudicial interests they may have and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

Minutes:

Councillor Stephenson declared a non-pecuniary interest in item 7, Mid-Year Capital Programme Update, as a close family member was a member of Royce Rangers which was mentioned in the report.

 

Councillors Hemsley and Stephenson declared a non-pecuniary interests in item 15, Leisure Options as close family members attended Catmose College.

 

Councillor I Razzell declared a non-pecuniary interest in item 7, Mid-Year Capital Programme Update as the Chairman of Royce Rangers.

 

Councillor Razzell declared a non-pecuniary interest in item 11 as he was a former member of the armed forces.

 

Councillor Razzell declared a non-pecuniary interest in item 15, Leisure Options as a close family member attended Harington School.

 

4.

RECORD OF DECISIONS pdf icon PDF 140 KB

To confirm the Record of Decisions made at the meeting of the Cabinet held on 26 October 2021.

Minutes:

The record of decisions made at the meeting of the Cabinet held on 26 October 2021 were APPROVED.

 

5.

ITEMS RAISED BY SCRUTINY pdf icon PDF 202 KB

To receive items raised by members of scrutiny which have been submitted to the Leader and Chief Executive.

 

Report No. 156/2021 has been submitted by the Chair of the Growth, Infrastructure and Resources Scrutiny Committee setting out the recommendations to Cabinet following the Special Meeting of the Committee on 7 October 2021.

Decision:

The Cabinet:

 

1)    Received the report and thanks the Growth, Infrastructure and Resources Scrutiny Committee for their work examining Leisure Options.

 

2)    Agreed to take the recommendations of the Committee into consideration when Cabinet considered  item 15 on the agenda.

Minutes:

Report No. 156/2021 had been submitted by the Chair of the Growth, Infrastructure and Resources Scrutiny Committee, Councillor J Fox setting out the recommendations to Cabinet following the Special Meeting of the Committee on 7 October 2021.

 

As item 15, Report No. 161/2021 later in the agenda was on the same topic the Chair proposed that Cabinet noted the feedback from the meeting on 7 October, thanked the GIR Scrutiny Committee for their work examining Leisure, and took their recommendations into consideration when discussing item 15. This was seconded.

 

RESOLVED

 

Cabinet:

 

1)    Received the report and thanked the Growth, Infrastructure and Resources Scrutiny Committee for their work examining Leisure Options.

 

2)    AGREED to take the recommendations of the Committee into consideration when Cabinet considered item 15 on the agenda.

 

6.

MID YEAR REVENUE REPORT 2021/22 pdf icon PDF 1 MB

To receive Report No. 146/2021 from the Portfolio Holder for Finance, Governance and Performance, Change and Transformation.

Decision:

In consultation with Cabinet, Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation:

 

1)     Noted the revenue forecast at the of September as per section 3.3

 

2)     Noted the changes to the approved budget as per section 3.1 and Appendix A

 

3)     Noted that the projected deficit for 22/23 was estimated to be £580k which was less than the £1m target set by Council in February 2021

 

4)     Noted that the revenue budget outlook beyond 22/23 remained challenging with the financial gap estimated at £1.7 - £2.8m.

 

5)     Approved the budget timetable for 22/23 as per section 8.3 of the report.

Minutes:

Report No. 146/2021was introduced by Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation. The purpose of the report was to provide all Members with an update on the revenue budget position for 21/22 and the future outlook and in particular progress on closing the financial gap which stood at £2.7m for 22/23 (at the time the Council set its original budget in February 2021). Councillor Payne drew the Cabinets attention to the £400,000 underspend in Adult Social Care and £410,000 in Childrens Services through changes in working practice, a windfall of £551,000 won against a Social Care residency case in Cambridgeshire and £130,000 underspend on resourcing.

 

During discussions the following points were noted:

 

  • Councillor Walters thanked Councillor Payne and Officers for the report.
  • In response to concerns raised by Members in relation to how quickly the Council was moving in reducing the deficit, Councillor Payne advised that the Senior Management Team were meeting on Wednesday 17 November to identify further projects to potentially reduce budgets. Additionally, a financial plan was being pulled together that would feed into the Corporate Plan and progress reports on projects that had been approved in July 2021 were included within the report. Mark Andrews, Chief Executive explained that there was an interim position, but this was not sufficient to close the financial gap and further, more detailed work was required.
  • Meetings had taken place with the MP to discuss Rutland’s access fairer funding from Central Government.

 

RESOLVED:

 

In consultation with Cabinet, Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation:

 

1)    NOTED the revenue forecast at the of September as per section 3.3

 

2)    NOTED the changes to the approved budget as per section 3.1 and Appendix A

 

3)    NOTED that the projected deficit for 22/23 was estimated to be £580k which was less than the £1m target set by Council in February 2021

 

4)    NOTED that the revenue budget outlook beyond 22/23 remained challenging with the financial gap estimated at £1.7 - £2.8m.

 

5)    APPROVED the budget timetable for 22/23 as per section 8.3 of the report.

 

7.

MID-YEAR CAPITAL PROGRAMME UPDATE pdf icon PDF 728 KB

To receive Report No. 147/2021 from the Portfolio Holder for Finance, Governance and Performance, Change and Transformation.

Decision:

In consultation with Cabinet, Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation:

 

1)    Noted the capital 2021/22 forecast as at the end of September (paragraph 3.3).

 

2)    Noted the changes to the 2021/22 capital programme as at the end of September (paragraph 3.2)

 

3)    Noted the 2021/22 unallocated capital funding as at the end of September (Section 4)

 

4)     Approved a total of £10.7k revenue contribution to capital for the works relating to the Brightways move and the Changing Place project at Active Rutland Hub (Paragraphs 3.5.22 to 3.5.27)

Minutes:

Report No. 147/2021was introduced by Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation. The purpose of the report was to provide Cabinet and all Members with an update on the delivery of the capital programme as at the end of September 2021. Councillor Payne asked Cabinet to note that the Security Commission had requested a report on how CIL and S106 monies were going to be spent and this was being presented at the Growth, Infrastructure and Resources Committee on Thursday 18 November 2021.

 

RESOLVED:

 

In consultation with Cabinet, Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation:

 

1)    NOTED the capital 2021/22 forecast as at the end of September (paragraph 3.3).

 

2)    NOTED the changes to the 2021/22 capital programme as at the end of September (paragraph 3.2)

 

3)    NOTED the 2021/22 unallocated capital funding as at the end of September (Section 4)

 

4)    APPROVED a total of £10.7k revenue contribution to capital for the works relating to the Brightways move and the Changing Place project at Active Rutland Hub (Paragraphs 3.5.22 to 3.5.27)

 

 

8.

MID YEAR REPORT ON TREASURY MANAGEMENT AND PRUDENTIAL INDICATORS 2021/22 pdf icon PDF 880 KB

To receive Report No. 144/2021 from the Portfolio Holder for Finance, Governance and Performance, Change and Transformation.

Decision:

Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation and the Cabinet:

 

Noted the contents of the report.

Minutes:

Report No. 143/2021was introduced by Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation. The purpose of the report was to updated Members on the progress against the Treasury Management Strategy, prudential indicators and highlighted whether any policies required revision. The underlying purpose of the report supported the objective in the CIPFA Code of Practice on Treasury Management (revised 2017) and the Ministry of Housing, Communities and Local Government (MHCLG) Investment Guidance which required that Members received reports on and adequately scrutinised the treasury management service.

 

RESOLVED:

 

In consultation with Cabinet, Councillor K Payne, Portfolio Holder for Finance, Governance and Performance, Change and Transformation:

 

1)    That the Portfolio Holder and Cabinet NOTED the contents of the report.

 

 

9.

NEIGHBOURHOOD PLANS: INDICATIVE HOUSING REQUIREMENT FIGURES pdf icon PDF 207 KB

To receive Report No. 157/2021 from the Portfolio Holder for Planning.

Additional documents:

Decision:

In consultation with Cabinet, Councillor I Razzell, Portfolio Holder for Planning:

 

Approved the methodology for providing indicative housing requirement figures for Neighborhood Plans where they are intending to make allocations for housing development, as set out in Appendix 1 to the report.

 

Minutes:

Report No. 157/2021 was introduced by Councillor I Razzell, Portfolio Holder for Planning. The purpose of the report was to establish a methodology for providing indicative housing requirement figures for Neighbourhood Plans where these are intending to make allocations for housing development., The County Council was required to provide indicative housing requirements within the National Planning Policy Framework (NPPF) if this is requested by a Neighbourhood Plan Body. Councillor Razzell highlighted the work that had been undertaken by the Officers.

 

During discussions the following points were noted:

 

  • Councillor Razzell stated that there was constant dialogue and regular engagement from Officers with the Neighbourhood Plan Leads and Parish Councils regarding Neighbourhood Plans.
  • Councillor Payne asked if the allocation of the number of dwellings for larger villages was for larger villages with Neighbourhood Plans and whether this would apply if there was not a Neighbourhood Plan in place. Penny Sharp, Strategic Director for Places confirmed that the two communities in question were currently reviewing their Neighbourhood Plans and were seeking to make allocations. Further clarification would be provided outside of the meeting.

 

RESOLVED:

 

In consultation with Cabinet, Councillor I Razzell, Portfolio Holder for Planning:

 

APPROVED the methodology for providing indicative housing requirement figures for Neighbourhood Plans where they are intending to make allocations for housing development, as set out in Appendix 1 to the report.

10.

FINAL HIGHWAYS STRATEGY pdf icon PDF 208 KB

To receive Report No. 162/2021 from the Portfolio Holder for Communities, Environment and Climate Change.

Additional documents:

Decision:

In consultation with Cabinet, Councillor I Razzell, Portfolio Holder for Planning:

 

Approved the Final Highways Strategy 2021-2026 approach, that identified the optimal allocation of resources for the management, operation, preservation and enhancement of highways infrastructure to meet the needs of current and future customers.

Minutes:

Report No. 162/2021 was introduced by Councillor I Razzell, Portfolio Holder for Planning. The report was to inform Cabinet of the Highway Infrastructure Asset Management Strategy (HAMP). This was for the period 2021 to 2026 and was an update of the HAMP agreed in 2019. This document was a significant step forward which considered the Council’s latest Corporate and Local Transport objectives. The Council should have an Asset Management Strategy for Highways, and this should be reviewed every two years. This is a core requirement to access Incentive Funding from the Department for Transport which was currently worth £265,000.

 

In addition, the Council was currently forming the requirements for the procurement of the next term maintenance strategy. It was therefore essential that the tender documentation was constructed to support the long-term aims for Highways in Rutland. This Highway Infrastructure Asset Management Strategy would be a fundamental part of this process.

 

During discussions the following points were noted:

 

  • Councillor D Wilby thanked Councillor Stephenson, the outgoing Portfolio Holder for all the hard work that had been undertaken with Highways.
  • Members stated that it was important to ensure that any work undertaken on Rutland roads on behalf of the Council needed to be done professionally. Quality assurance would remain part of the contractual agreement going forward.

 

RESOLVED:

 

In consultation with Cabinet, Councillor I Razzell, Portfolio Holder for Planning

 

1)    APPROVED the Final Highways Strategy 2021-2026 approach, that identified the optimal allocation of resources for the management, operation, preservation and enhancement of highways infrastructure to meet the needs of current and future customers.

 

11.

ARMED FORCES COVENANT LEGISLATION pdf icon PDF 235 KB

To receive Report No. 158/2021 from the Portfolio Holder for Policy, Strategy, Partnerships, Economy and Infrastructure.

Decision:

Councillor O Hemsley, Portfolio Holder for Policy, Strategy, Partnerships, Economy and Infrastructure and the Cabinet:

 

1)    Noted the implications of the forthcoming amendment to the Armed Forces Bill for Rutland.

 

2)    Endorsed the approach used to manage implementation of the new legislative requirements

Minutes:

Report No. 158/2021 was introduced by Councillor I Razzell as the Council’s Armed Forces Champion. The purpose of the report was to outline the progress of the Armed Forces Covenant legislation as part of the updated Armed Forces Bill, and the plans to ensure appropriate implementation in Rutland. The report refers to ‘new legislation’ throughout for ease, though it is recognised that this clause is an addition to the existing Armed Forces Bill. Councillor Razzell stated that the reputation of Officers around the work carried out with Veterans was exemplary.

 

RESOLVED:

 

Councillor O Hemsley, Portfolio Holder for Policy, Strategy, Partnerships, Economy and Infrastructure and the Cabinet:

 

1)    NOTED the implications of the forthcoming amendment to the Armed Forces Bill for Rutland.

 

2)    ENDORSED the approach used to manage implementation of the new legislative requirements

 

 

 

12.

VOLUNTARY AND COMMUNITY SECTOR INFRASTRUCTURE SUPPORT pdf icon PDF 250 KB

To receive Report No. 159/2021 from the Portfolio Holder for Health, Wellbeing and Adult Care.

Decision:

In consultation with Cabinet, Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care:

 

1)     Approved the recommendation to award an interim 12 month contract for infrastructure support whilst undertaking mapping and development work with the Voluntary and Community Sector in Rutland.

 

2)     Authorised the Strategic Director for Adult Services and Health, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Social Care to approve of plans for delivery, and any resulting commissioning.

Minutes:

Report No. 159/2021 was introduced by Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care. The purpose of the report was to set out the potential options for future support of the Voluntary and Community Sector (VCS) in Rutland and make recommendations for the future delivery of that support. Councillor Walters thanked a recent working group within Scrutiny for the work that had been undertaken in this area.

 

During discussions Councillor Walters confirmed that the new Portfolio Holder for Health, Wellbeing and Adult Care would monitor any costs incurred for support following the framework and hoped more support would be provided from health colleagues to avoid the Council using its revenue funds.

 

RESOLVED:

 

In consultation with Cabinet, Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care:

 

1)    APPROVED the recommendation to award an interim 12-month contract for infrastructure support whilst undertaking mapping and development work with the Voluntary and Community Sector in Rutland.

 

2)    AUTHORISED the Strategic Director for Adult Services and Health, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Social Care to approve of plans for delivery, and any resulting commissioning.

 

13.

EDUCATIONAL PSYCHOLOGY CONTRACT pdf icon PDF 412 KB

To receive Report No. 160/2021 from the Portfolio Holder for Education and Children’s Services.

Decision:

In consultation with Cabinet, Councillor D Wilby, Portfolio Holder for Education and Children’s Services:

 

1)    Approved the recommissioning of the Educational Psychology contract which would commence September 2022.

 

2)    Approved the increased contract value.

 

3)    Approved the increase in the SEN Operations Budget – up to a maximum of £85,500 but noted that, where possible some of this cost may be offset via a recharge to the Dedicated Schools Grant (DSG).

 

4)    Delegated the award of a contract to the Strategic Director for Children’s Services in consultation with the Portfolio Holder for Education and Children’s Services.

Minutes:

Report No. 160/2021 was introduced by Councillor D Wilby, Portfolio Holder for Education and Children’s Services. The purpose of the report was to seek approval to progress the recommissioning of the Educational Psychology contract, the contract to commence September 2022, and to seek approval to increase the value of the new contract. It also requested authorisation to go to procurement on the new contract and for Cabinet to delegate the award of contract to the Strategic Director for Children’s Services in consultation with the Portfolio Holder for Education and Children’s Services. Councillor Wilby stated that the Council would only pay for the services used.

 

During discussion Councillor Payne highlighted to Cabinet that this was an additional pressure on budgets and there was no certainty that the Council would be able to fund the increase through grants.

 

RESOLVED:

 

In consultation with Cabinet, Councillor D Wilby, Portfolio Holder for Education and Children Services:

 

1)    APPROVED the recommissioning of the Educational Psychology contract which would commence September 2022.

 

2)    APPROVED the increased contract value.

 

3)    APPROVED the increase in the SEN Operations Budget – up to a maximum of £85,500 but noted that, where possible some of this cost may be offset via a recharge to the Dedicated Schools Grant (DSG).

 

4)    DELEGATED the award of a contract to the Strategic Director for Children’s Services in consultation with the Portfolio Holder for Education and Children’s Services.

 

14.

EXCLUSION OF THE PRESS AND PUBLIC

Cabinet is recommended to determine whether the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the Access to Information provisions of Procedure Rule 239, as the following item of business is likely to involve the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

 

Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Minutes:

Councillor O Hemsley proposed that Cabinet remain in a public session as Cabinet felt it would be able to discuss and agree the recommendations of the following item without divulging the content of the Exempt Appendix. This was seconded.

 

RESOLVED

 

That the meeting remain in a public session for consideration of the following item.

15.

LEISURE OPTIONS pdf icon PDF 436 KB

To receive Report No. 161/2021 from the Portfolio Holder for Health, Wellbeing and Adult Care.

Additional documents:

Decision:

In consultation with Cabinet, Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care:

 

1)    Approved the exploration of opportunities for county-wide leisure provision in partnership with the Rutland Local Sports Alliance, to determine whether any community owned / led options are viable.

 

2)    Approved the development of plans for a Pool and Dry side Provision (“Wet and Dry”), or Pool Provision (“Wet Only”) at a new site to an initial design stage, using the existing project budget, in order to build a viable case for a new swimming pool in Rutland, noting that progress beyond this point can only be undertaken when:

 

a)    Significant (at least 90%) capital funding becomes available from external sources, or a partner body is identified that would be willing and able to meet at least 90% of the capital requirement, and

 

b)    The new provision can be delivered at no revenue cost to the Council

 

3)    Agreed to allocate £250,000 of Section 106 Developer Contributions received to date for the purpose of providing Recreation, Sport and Leisure infrastructure to a Swimming Provision Project, as match funding towards future provision and investment in facilities.

 

4)    Noted that further repair to the existing Catmose Pool, which has reached its end of life, is not affordable, and the pool will not be re-opened.

 

5)    Authorised the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care, to enter negotiations with the Management of Catmose College to agree the future of the legacy leisure facilities at Catmose Campus, including the option to let a new nil-cost contract for the management of all or part of the dry side leisure facilities under the existing or renewed leases.

 

6)    Authorised the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care to progress procurement of a dry-side leisure management contract if a nil-cost contract is achievable and agreeable to both the Council and Catmose College. Procurement implications will be reported to Cabinet before any award is made.

 

7)    Authorised the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care, to enter negotiations with other local providers for the provision of public access swimming.

 

8)    Considered the Petition received at the Council meeting on 8 November 2021from members of the public expressing support for swimming in Rutland and agreed to report back to Council on the action taken in response.

 

Minutes:

Report No. 161/2021 was introduced by Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care alongside a supplementary to Report No. 161/2021 setting out of the details of a petition referred to Cabinet from Council on 8 November 2021. Councillor Walters expressed thanks for the hard work that had been undertaken in the production of the petition.

 

During discussion Members stated that the solution must be a Rutland solution and that it should not necessarily be a venue in Oakham but that it must be accessible for all.

 

RESOLVED

 

In consultation with Cabinet, Councillor A Walters, Portfolio Holder for Health, Wellbeing and Adult Care:

 

1)    APPROVED the exploration of opportunities for county-wide leisure provision in partnership with the Rutland Local Sports Alliance, to determine whether any community owned / led options are viable.

2)    APPROVED the development of plans for a Pool and Dry side Provision (“Wet and Dry”), or Pool Provision (“Wet Only”) at a new site to an initial design stage, using the existing project budget, in order to build a viable case for a new swimming pool in Rutland, noting that progress beyond this point can only be undertaken when:

 

3)    Significant (at least 90%) capital funding becomes available from external sources, or a partner body is identified that would be willing and able to meet at least 90% of the capital requirement, and

 

4)    The new provision can be delivered at no revenue cost to the Council

 

5)    AGREED to allocate £250,000 of Section 106 Developer Contributions received to date for the purpose of providing Recreation, Sport and Leisure infrastructure to a Swimming Provision Project, as match funding towards future provision and investment in facilities.

 

6)    NOTED that further repair to the existing Catmose Pool, which has reached its end of life, is not affordable, and the pool will not be re-opened.

 

7)    AUTHORISED the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care, to enter negotiations with the Management of Catmose College to agree the future of the legacy leisure facilities at Catmose Campus, including the option to let a new nil-cost contract for the management of all or part of the dry side leisure facilities under the existing or renewed leases.

 

8)    AUTHORISED the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care to progress procurement of a dry-side leisure management contract if a nil-cost contract is achievable and agreeable to both the Council and Catmose College. Procurement implications will be reported to Cabinet before any award is made.

 

9)    AUTHORISED the Strategic Director for Places, in consultation with the Portfolio Holder for Health, Wellbeing and Adult Care, to enter negotiations with other local providers for the provision of public access swimming.

 

CONSIDERED the Petition received at the Council meeting on 8 November 2021 from members of the public expressing support for swimming in Rutland and agreed to report back to Council on the action taken in  ...  view the full minutes text for item 15.

16.

ANY ITEMS OF URGENT BUSINESS

To receive items of urgent business which have previously been notified to the person presiding.

Minutes:

There were no items of urgent business for consideration.