Agenda, decisions and minutes

Eastbourne Borough Council Cabinet
Wednesday, 23rd May, 2018 6.00 pm

Venue: Court Room at Eastbourne Town Hall, Grove Road, BN21 4UG

Contact: Committee Services on 01323 415021 

Items
No. Item

1.

Minutes of the meeting held on 21 March 2018. pdf icon PDF 86 KB

Minutes:

The minutes of the meeting held on 21 March 2018 were submitted and approved and the chairman was authorised to sign them as a correct record.

2.

Apologies for absence and welcome.

Minutes:

None were reported.

Councillor Tutt welcomed Councillors Holt (financial services) and Swansborough (core support and strategic services) to the membership of the Cabinet for the municipal year, following their appointment at Annual Council on 9 May 2018. Councillor Shuttleworth had been appointed Deputy Leader, replacing the Worshipful the Mayor of Eastbourne, Councillor Gill Mattock. Tim Whelan, Interim Director of Service Delivery was also welcomed to his first meeting of the Cabinet.

 

 

3.

Declarations of members' interests.

Minutes:

Councillors Tutt and Ungar declared a prejudicial interest in agenda item 10 (housing development update) as members of Aspiration Homes LLP and Eastbourne Housing Investment Company Limited Board. They both withdrew from the room whilst this item was considered.

 

The Chief Executive declared a prejudicial interest in agenda item 11 (asset investments and disposals) as a non-executive director on Welbeing. He withdrew from the room whilst the item was considered.

4.

Questions by members of the public

Minutes:

Mr Mike Hanlon asked a question to Councillor Tutt as follows:

 

Is the Cabinet prepared to instruct their agent to assist in the reformation of the Leasehold Panel? The Leasehold panel has been without a Chair since November and there is some doubt how quorate their meetings in the last two years have been. It is only in the last two months that it has been suggested they appoint a Chair from their own ranks. Leaseholders so far have had no say in who represents their interests.

Copies of the questions were circulated to Councillors and made available to the public attending the meeting.

Councillor Tutt confirmed that the Cabinet supported the reformation of the panel and requested that officers forward the relevant details to Mr Hanlon following the meeting.

NOTED.

5.

Waste and recycling services post June 2019. pdf icon PDF 132 KB

Report of Interim Director of Service Delivery

Lead Cabinet member: Councillor Jonathan Dow

Decision:

(1) To delegate authority to the Interim Director of Service Delivery in consultation with the portfolio holder for Place Services, for the procurement of fleet resources and associated hardware and IT systems to provide in-house collection and cleansing services from June 2019 at a funding level identified in the confidential paper.

(2) To approve the waiver of contract procedure rules in accordance with paragraph 4.2.1a of the council’s procurement rules for the reasons set out in paragraphs 6.1 to 6.3 of the report, namely that the Council intends to purchase assets from Kier rather than tendering for purchase on the open market subject to this providing best value.

(3) To delegate to the Chief Finance Officer the method of purchase to ensure best value for the Council.

(4) To approve funding of up to £50k for setting up and initial running the Local Authority Controlled Company (LACC).

(5) To approve the proposed Directors of the LACC being the following post holders: Director of Planning and Regeneration, Interim Director of Service Delivery, Portfolio Holder for Place Services, the Leader of the Council and the Leader of Opposition.

(6) To approve financial implications (as identified in the confidential paper) of taking on the lease at Courtlands Road.

(7) To note that ESCC will be handling fully co-mingled dry mixed recycling material post June 2019.

(8) To note the take-up of the new charged-for garden waste service.

Minutes:

The Cabinet considered the report of the Interim Director of Service Delivery regarding the waste and recycling service post June 2019.

Resolved (key decision):

(1) To delegate authority to the Interim Director of Service Delivery in consultation with the portfolio holder for Place Services, for the procurement of fleet resources and associated hardware and IT systems to provide in-house collection and cleansing services from June 2019 at a funding level identified in the confidential paper.

(2) To approve the waiver of contract procedure rules in accordance with paragraph 4.2.1a of the council’s procurement rules for the reasons set out in paragraphs 6.1 to 6.3 of the report, namely that the Council intends to purchase assets from Kier rather than tendering for purchase on the open market subject to this providing best value.

(3) To delegate to the Chief Finance Officer, the method of purchase to ensure best value for the Council.

(4) To approve funding of up to £50k for setting up and initial running of the Local Authority Controlled Company (LACC).

(5) To approve the proposed Directors of the LACC being the following post holders: Director of Regeneration and Planning, Interim Director of Service Delivery, Portfolio Holder for Place Services, the Leader of the Council and the Leader of the Opposition.

(6) To approve financial implications (as identified in the confidential paper) of taking on the lease at Courtlands Road.

(7) To note that East Sussex County Council will be handling fully co-mingled dry mixed recycling material post June 2019.

(8) To note the take-up of the new charged-for garden waste service.

Reason for decisions:

To maintain current waste services and provide value for money prior to completing a wider Council Waste Service Review once the service is in a LACC.

6.

Exclusion of the public.

The Chief Executive considers that discussion of the following items is likely to disclose exempt information as defined in Schedule 12A of the Local Government Act 1972 and may therefore need to take place in private session.  The exempt information reasons are shown beneath the items listed below.  Furthermore, in relation to paragraph 10 of Schedule 12A, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (The requisite notices having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

 

(Note: Exempt papers are printed on pink paper).

 

Minutes:

Resolved:

 

That the public be excluded from the remained of the meeting as otherwise there was a likelihood of disclosure to them of exempt information as defined in schedule 12A of the Local Government Act 1972. The relevant paragraph of schedule 12A and a description of the exempt information is shown below. (The requisite notice having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

7.

Waste and recycling services post June 2019.

Report of Interim Director of Service Delivery

Lead Cabinet member: Councillor Jonathan Dow

 

Exempt information reason 3 - information relating to the financial or business

affairs of any particular person (including the authority holding that information).

 

Minutes:

The Cabinet considered the exempt report of the Interim Director of Service Delivery regarding the waste and recycling service post June 2019.

Resolved (key decision): To approve the officer recommendations, outlined in the exempt report.

Notes: (1) The report remains exempt. (2) Exempt information reason 3 – information relating to the financial orbusiness affairs of any particular person (including the authority holding that information).

 

8.

Housing development update.

Report of Director of Regeneration & Planning

Lead Cabinet member: Councillor Alan Shuttleworth

 

Exempt information reason 3 - information relating to the financial or business

affairs of any particular person (including the authority holding that information).

Decision:

(1) Delegate authority to the Director of Regeneration andPlanning, in consultation with the Portfolio Holder for Housing and the Chief Finance Officer to take all steps to progress the development of Bedfordwell Road, Eastbourne on terms equivalent or better than set out in the report.

 

(2) Approve a corresponding EBC 18/19 capital programme budget allocation of £3m to enable the development to progress in line with paragraph 3.5 of the report.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning regarding proposals for the next stage development of the

Bedfordwell Road.

Councillors Tutt and Ungar both declared a prejudicial interest in this item and withdrew from the room whilst it was considered. Councillor Shuttleworth chaired the meeting for this item.

Resolved (key decision):

(1) Delegate authority to the Director of Regeneration andPlanning, in consultation with the Portfolio Holder for Housing and the Chief Finance Officer to take all steps to progress the development of Bedfordwell Road, Eastbourne on terms equivalent or better than set out in the exempt report.

 

(2) Approve a corresponding Eastbourne Borough Council 18/19 capital programme budget allocation of £3m to enable the development to progress in line with paragraph 3.5 of the exempt report.

Reason for decisions:

To enable the Bedfordwell Road development to progress to the next stage with Cabinet approval in place for associated capital expenditure.

Notes: (1) The report remains exempt. (2) Exempt information reason 3 – information relating to the financial orbusiness affairs of any particular person (including the authority holding that information).

9.

Asset investments and disposals.

Report of Deputy Chief Executive

Lead Cabinet member: Councillor David Tutt

 

Exempt information reason 3 - information relating to the financial or business

affairs of any particular person (including the authority holding that information).

Decision:

(1) The Cabinet noted the decision of the board of an associated company to approve a change of ownership.

(2) The Cabinet delegated authority to finalise arrangements on behalf of the council to the Deputy Chief Executive, in consultation with the Leader of the Council and Assistant Director for Legal and Democratic Services.

 

Minutes:

The Cabinet considered the report of the Deputy Chief Executive regarding the Council’s asset investment and disposals.

Visiting member, Councillor Smart addressed the Cabinet on this item.

The Chief Executive declared a prejudicial interest in this item and withdrew from the room whilst it was considered.

Resolved (key decision):

(1) The Cabinet noted the decision of the board of an associated company to approve a change of ownership.

(2) The Cabinet delegated authority to finalise arrangements on behalf of the council to the Deputy Chief Executive, in consultation with the Leader of the Council and Assistant Director for Legal and Democratic Services.

Reason for decision:

To ratify the decision of an associated company to a change of ownership.

Notes: (1) The report remains exempt. (2) Exempt information reason 3 – information relating to the financial orbusiness affairs of any particular person (including the authority holding that information). (3) All officer recommendations contained in the exempt report were unanimously approved.

10.

Redundancy and redeployment policy

Report of Assistant Director for Human Resources and Transformation.

Lead Cabinet member: Councillor Colin Swansborough.

 

Exempt information reasons 1 and 2: Information relating to an individual or likely to reveal the identity of an individual.

Decision:

(1) That the actions taken to manage implications of change for displaced individuals through support, redeployment and assistance with self marketing under the Redundancy and Redeployment Procedure be noted.

(2) That the financial implications of severance for those identified in the event that redeployment is not secured by the relevant date be agreed.

Minutes:

The Cabinet considered the report of the Assistant Director for Human Resources and Organisational Development.  The report set out the current activity within the redundancy and redeployment procedure and actions taken to support affected individuals.

Resolved:

(1) That the actions taken to manage implications of change for displaced individuals through support, redeployment and assistance with self marketing under the Redundancy and Redeployment Procedure be noted.

(2) That the financial implications of severance for those identified in the event that redeployment is not secured by the relevant date be agreed.

Reason for decision:

The organisation is currently in phase two of the joint transformation programme and actions have been taken to manage the implications of this change for displaced individuals through support, redeployment and assistance with self-marketing under the redundancy and redeployment procedure.

Notes: (1) The report remains exempt. (2) Exempt information reasons 1 and 2 – Information relating to an individual or likely to reveal the identity of an individual.