Agenda, decisions and draft minutes

To confirm as a correct record the Minutes of the meeting held on 5^th March 2024 (previously circulated).

The minutes of the meeting held on 5^th March 2024 were approved as a correct record.

No apologies for absence were received.

Up to thirty minutes will be made available for questions from members of the public on issues relating to the work of the Cabinet and to receive any petitions.

There were no public questions or petitions.

Report of the Executive Director (Finance and Transformation) the status of actions agreed at the last Cabinet meeting.

The action status report was noted.

The Cabinet were notified that there was one item of urgent business to be discussed under agenda item 14 regarding authority for a property purchase.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

No declarations of interest were received.

To consider the following items for decision in the current Forward Plan:-

The following items were considered for decision from the Forward Plan:

Report of the Executive Director (Finance & Transformation)

Cabinet received a report on the capital expenditure and associated capital funding as at the end of March 2024. The report and appendices detailed the changes to the original capital programme and funding plans, as a result of programme commitments and project delivery

DECISION TAKEN:

Cabinet noted the overall capital outturn position and financing for 2023/24, and approved the re-phasing of budgets into 2024/25 as set out in Appendix A of the report.

REASON FOR DECISION:

The current approved capital budget was £95.304m (which included the approved re-phasing of budgets from 2022/23) and the outturn position (including proposed re-phasing of budgets into 2024/25) is £29.519m.

A summary of variances to budget and re-phasing was shown in Table 1 and detailed explanations for key variances in Section 3.4 of the report.

A financing outturn table showing how the capital programme had been funded was set out in Section 4 of the report.

Cabinet received a report on the capital expenditure and associated capital funding as at the end of March 2024. The report and appendices detailed the changes to the original capital programme and funding plans, as a result of programme commitments and project delivery

DECISION TAKEN:

Cabinet noted the overall capital outturn position and financing for 2023/24, and approved the re-phasing of budgets into 2024/25 as set out in Appendix A of the report.

REASON FOR DECISION:

The current approved capital budget was £95.304m (which included the approved re-phasing of budgets from 2022/23) and the outturn position (including proposed re-phasing of budgets into 2024/25) is £29.519m.

A summary of variances to budget and re-phasing was shown in Table 1 and detailed explanations for key variances in Section 3.4 of the report.

A financing outturn table showing how the capital programme had been funded was set out in Section 4 of the report.

Report of the Executive Director (Finance & Transformation)

Cabinet received a report on the revenue outturn position for the financial year 2023-24 which outlined the main variances from the original budget for both the General Fund (GF) and Housing Revenue Account (HRA).

DECISION TAKEN:

Cabinet:

a)  Noted the revenue outturn position for 2023/24 and the position of debts;

b)  Approved the movements on earmarked reserves; and

c)   Delegated authority to the Section 151 Officer to adjust the 2024/25 budget for items of income and expenditure rolled forward through earmarked reserves.

REASON FOR DECISION:

There was a favourable variance on the General Fund net cost of services of £0.778m

A summary showing the General Fund position was contained in Appendix A1 of the report. After additional earmarked reserve movements of £4.810m (Appendix A2) and other variances of £4.634, this left a net favourable change of £0.601m in the General Fund Reserve.

The closing balance on the Housing Revenue Account is £2.952m, which was an adverse movement of £0.054m from the Current Budget (Section 4).   Outstanding debts as at 31 March 2024 total £2.124m, with rolling debtor days at 56.84 (Section 5).

Cabinet received a report on the revenue outturn position for the financial year 2023-24 which outlined the main variances from the original budget for both the General Fund (GF) and Housing Revenue Account (HRA).

DECISION TAKEN:

Cabinet:

a)  Noted the revenue outturn position for 2023/24 and the position of debts;

b)  Approved the movements on earmarked reserves; and

c)   Delegated authority to the Section 151 Officer to adjust the 2024/25 budget for items of income and expenditure rolled forward through earmarked reserves.

REASON FOR DECISION:

There was a favourable variance on the General Fund net cost of services of £0.778m

A summary showing the General Fund position was contained in Appendix A1 of the report. After additional earmarked reserve movements of £4.810m (Appendix A2) and other variances of £4.634, this left a net favourable change of £0.601m in the General Fund Reserve.

The closing balance on the Housing Revenue Account is £2.952m, which was an adverse movement of £0.054m from the Current Budget (Section 4).   Outstanding debts as at 31 March 2024 total £2.124m, with rolling debtor days at 56.84 (Section 5).

To receive a report of the Executive Director (Resident Services and Climate Change).

Cabinet received a report on the parent company guarantee for Urbaser Limited.

DECISION TAKEN:

Cabinet agreed that a Deed of Novation be entered into that transfers the liabilities of  Urbaser S.A.U, under the Parent Company Guarantee, to FCC Environment (UK) Ltd

REASON FOR DECISION:

On 27th March 2020, the Council entered into a Parent Company Guarentee with Urbaser S.A.U in relation to the waste and recycling contract with Urbaser Limited (The Contractor).

Urbaser S.A.U. were the parent company of Urbaser Limited, at the time and the PCG allowed the Council to call upon the Contractor’s parent to remedy any breach so that the Contractor’s obligations under the contract are met. 

The entire issued share capital of Urbaser Limited is being sold to FCC Environment (UK) Limited by Urbaser S.A.U as a result a novation of the PCG is required to pass the liabilities of the outgoing Parent Company, under the PCG, to the incoming Parent Company.

Services provided to residents would not be affected.

Cabinet received a report on the parent company guarantee for Urbaser Limited.

DECISION TAKEN:

Cabinet agreed that a Deed of Novation be entered into that transfers the liabilities of  Urbaser S.A.U, under the Parent Company Guarantee, to FCC Environment (UK) Ltd

REASON FOR DECISION:

On 27th March 2020, the Council entered into a Parent Company Guarentee with Urbaser S.A.U in relation to the waste and recycling contract with Urbaser Limited (The Contractor).

Urbaser S.A.U. were the parent company of Urbaser Limited, at the time and the PCG allowed the Council to call upon the Contractor’s parent to remedy any breach so that the Contractor’s obligations under the contract are met. 

The entire issued share capital of Urbaser Limited is being sold to FCC Environment (UK) Limited by Urbaser S.A.U as a result a novation of the PCG is required to pass the liabilities of the outgoing Parent Company, under the PCG, to the incoming Parent Company.

Services provided to residents would not be affected.

To receive a report of the Executive Director (Finance and Transformation).

Cabinet received a report on the Council’s corporate performance data on an exception basis following the monitoring and review of performance reports by the Chief Executive, Directors, and Assistant Directors for the period 1 January 2024 to 31 March 2024 (Q4).

DECISION TAKEN:

Cabinet noted the report.

Report of the Executive Director (Finance & Transformation)

Cabinet received a report on the current identified strategic risks facing the Council, and those operational risks assessed as having a residual risk level of serious or severe. The report was an assessment of risk as at 31 March 2024.

Cabinet noted the Risk Registers at Quarter 4 and the comments & actions in respect of the strategic and serious/severe operational risks.

Report of the Executive Director (Finance & Transformation)

Cabinet received a report on the treasury management activity and prudential indicators for the 2023/24 financial year.

Cabinet noted the report and the actual treasury management prudential indicators for 2023/24.

To appoint Cabinet Panels, Committees and Boards for 2024/25.

Cabinet agreed the appointment to the Cabinet Panels.

Cabinet agreed the appointment to the Cabinet Panels.

To appoint representatives to executive outside bodies for 2024/25.

Cabinet agreed the appointment of representatives on the Executive Outside Bodies.

Cabinet agreed the appointment of representatives on the Executive Outside Bodies.

Report of the Executive Director (Finance & Transformation)

Cabinet noted the Council achievements list for January to March 2024.

Cabinet noted the Council achievements list for January to March 2024.

Cabinet received a report detailing the need to purchase a 4 bedroom property as a council home. The purpose of the purchase is to meet the housing needs of a family with a disabled family member, and a suitable property has been identified and a survey and valuation undertaken. The property was on the market for £600,000.

DECISION TAKEN:

Cabinet:

a)    Approved the purchase of a 4 bedroom property that has been identified to fulfil the housing needs of a family where their current property cannot meet the disability adaptations required;

b)    Delegated authority to the Executive Director (Resident Services and Climate Change) to agree the terms of the purchase in consultation with the Executive Director (Finance and Transformation) and Assist Director (Regeneration and Economic Development); and

c)    If the purchase is approved but is not successful, agreed to delegate the authority to the Executive Director (Resident Services and Climate Change) in consultation with the Executive Director (Finance and Transformation),   Executive Member for Resources and Executive Member for Housing to approve the purchase of an alternative property that would be assessed as suitable up to the value of £650k.

REASON FOR DECISION:

The family’s current council home has previously been adapted but is no longer suitable for further adaptations that are required. Consideration of 4 bedroom council homes that have become vacant in our housing stock over the last 2 years have not identified a property that could be suitable.

Cabinet received a report detailing the need to purchase a 4 bedroom property as a council home. The purpose of the purchase is to meet the housing needs of a family with a disabled family member, and a suitable property has been identified and a survey and valuation undertaken. The property was on the market for £600,000.

DECISION TAKEN:

Cabinet:

a)    Approved the purchase of a 4 bedroom property that has been identified to fulfil the housing needs of a family where their current property cannot meet the disability adaptations required;

b)    Delegated authority to the Executive Director (Resident Services and Climate Change) to agree the terms of the purchase in consultation with the Executive Director (Finance and Transformation) and Assist Director (Regeneration and Economic Development); and

c)    If the purchase is approved but is not successful, agreed to delegate the authority to the Executive Director (Resident Services and Climate Change) in consultation with the Executive Director (Finance and Transformation),   Executive Member for Resources and Executive Member for Housing to approve the purchase of an alternative property that would be assessed as suitable up to the value of £650k.

REASON FOR DECISION:

The family’s current council home has previously been adapted but is no longer suitable for further adaptations that are required. Consideration of 4 bedroom council homes that have become vacant in our housing stock over the last 2 years have not identified a property that could be suitable.

The Cabinet is asked to resolve:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for Item 16 on the grounds that it involves the likely disclosure of confidential or exempt information as defined in Section 100(A)(3) and Paragraph 3 (private financial or business information) of Part 1 of Schedule 12A of the said Act (as amended).

In resolving to exclude the public in respect of the exempt information, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.