Agenda, decisions and minutes

Cabinet - Thursday, 19 October 2023 2.00 pm

Venue: Committee Room 1, County Hall, Matlock. View directions

Contact: Democratic Services  Email: democratic.services@derbyshire.gov.uk

Items
No. Item

146/23

To receive declarations of interest (if any)

Minutes:

None received.

147/23

To consider Minority Group Leader questions (if any)

Minority Group Leaders in attendance at the meeting are able to ask a question on a report on the agenda. Any questions should be provided in writing by 12 noon at least 2 working days before the meeting.

Minutes:

None received.

148/23

To approve, as a correct record, the non-exempt minutes of the meeting held on 21 September 2023 pdf icon PDF 93 KB

Minutes:

RESOLVED:

 

To approve, as a correct record, the minutes of the meeting held on 21 September 2023.

149/23

Roll out of electronic devices for learning update pdf icon PDF 105 KB

Decision:

RESOLVED:

 

To note the progress made to support children and young people to achieve their educational potential, enabling access to electronic devices and the range of schemes still available to support children and young people who are digitally disadvantaged in Derbyshire, including that:

 

a)    562 Children and young people were supported with free internet access during Covid;

 

b)    11,147 Laptops are now in circulation in schools and with individual children since 2020; and

 

c)    On average Derbyshire schemes provide children and young people with 180 devices a year.

 

Minutes:

Councillor A Dale introduced a report, which had been circulated in advance of the meeting, that provided an update on the roll out of electronic devices for learning in Derbyshire.

 

RESOLVED:

 

To note the progress made to support children and young people to achieve their educational potential, enabling access to electronic devices and the range of schemes still available to support children and young people who are digitally disadvantaged in Derbyshire, including that:

 

a)   562 Children and young people were supported with free internet access during Covid;

 

b)   11,147 Laptops are now in circulation in schools and with individual children since 2020; and

 

c)    On average Derbyshire schemes provide children and young people with 180 devices a year.

150/23

Treasury Management Annual Report 2022-23 pdf icon PDF 240 KB

Decision:

RESOLVED:

 

To note the report on Treasury Management activities during 2022-23 and the Council’s compliance with the prudential indicators set by the Council at its meeting on 2 February 2022, in accordance with the Chartered Institute of Public Finance and Accountancy’s Code.

Minutes:

Councillor S Spencer introduced a report, which had been circulated in advance of the meeting, that presented details of the Treasury Management Annual  Report for 2022-23 and confirmed the Council’s compliance with specified prudential indicators set by the Council.

 

RESOLVED:

 

To note the report on Treasury Management activities during 2022-23 and the Council’s compliance with the prudential indicators set by the Council at its meeting on 2 February 2022, in accordance with the Chartered Institute of Public Finance and Accountancy’s Code.

151/23

Annual Review Letter of the Local Government and Social Care Ombudsman (LGSCO) 2022-23 pdf icon PDF 114 KB

Additional documents:

Minutes:

RESOLVED:

 

To note the Annual Review letter of the Local Government and Social Care Ombudsman for the year ending 31 March 2023.

152/23

East Midlands Freeport, Proposals to Accept Amendments to Articles of Association and Members’ Agreement pdf icon PDF 197 KB

Additional documents:

Decision:

RESOLVED:

 

That Cabinet, subject to:-

 

-       The resolution of outstanding subsidy control issues through Government guidance or by way of acceptable legal advice; and

 

-       South Derbyshire District Council, Goodman EMIP (UK) Limited and Etwall Land Limited also confirming its approval to become a member of the Freeport and agreeing the revised Articles of Association and Members’ Agreement:

 

1)    Approves the Council becoming a member of the East Midlands Freeport Company;

 

2)    Agrees the revised Articles of Association and Members’ Agreement for the East Midlands Freeport Company as set out in the exempt Appendices 4 and 5 of the report;

 

3)    Authorises the Director of Legal and Democratic Services, in consultation with the Leader, to agree amendments to the Articles of Association and Members’ Agreement;

 

4)    Authorises the Director of Legal and Democratic Services, in consultation with the Executive Director for Place, to complete any documentation necessary to facilitate incorporation of the Company, following  confirmation of 3) above;

 

5)    Agrees to amend the previous approval to nominate the Council Leader as Company Director and instead nominate the Cabinet Member for Clean Growth and Regeneration as the East Midlands Freeport Company Director on behalf of Derbyshire County Council;

 

6)    Notes that the Council’s Cabinet Member for Clean  Growth and Regeneration, as a Director, will have the power under the Articles of Association to appoint an alternate to attend a Board meeting in their absence;

 

7)    Reaffirms the decision to authorise the Managing Director (or authorised representative) to cast a vote as a Member of the Company, in relation to decisions reserved to members of the Company whether at a member meeting or by written resolution, when necessary, having taken legal, technical and financial advice as appropriate; and

 

8)    Agrees that periodic progress reports be brought to Cabinet or another appropriate forum by way of updates for members.

 

 

 

 

 

 

 

 

Minutes:

Councillor B Lewis introduced a report which had been circulated in advance of the meeting, that sought approval for the amended Articles of Association and Members’ Agreement of the East Midlands Freeport Company and to change the nominated Director to the Company and representative of the Council to act in the role as a member of the Company.

 

RESOLVED:

 

That Cabinet, subject to:-

 

-      The resolution of outstanding subsidy control issues through Government guidance or by way of acceptable legal advice; and

 

-      South Derbyshire District Council, Goodman EMIP (UK) Limited and Etwall Land Limited also confirming its approval to become a member of the Freeport and agreeing the revised Articles of Association and Members’ Agreement:

 

1)   Approves the Council becoming a member of the East Midlands Freeport Company;

 

2)   Agrees the revised Articles of Association and Members’ Agreement for the East Midlands Freeport Company as set out in the exempt Appendices 4 and 5 of the report;

 

3)   Authorises the Director of Legal and Democratic Services, in consultation with the Leader, to agree amendments to the Articles of Association and Members’ Agreement;

 

4)   Authorises the Director of Legal and Democratic Services, in consultation with the Executive Director for Place, to complete any documentation necessary to facilitate incorporation of the Company, following  confirmation of 3) above;

 

5)   Agrees to amend the previous approval to nominate the Council Leader as Company Director and instead nominate the Cabinet Member for Clean Growth and Regeneration as the East Midlands Freeport Company Director on behalf of Derbyshire County Council;

 

6)   Notes that the Council’s Cabinet Member for Clean  Growth and Regeneration, as a Director, will have the power under the Articles of Association to appoint an alternate to attend a Board meeting in their absence;

 

7)   Reaffirms the decision to authorise the Managing Director (or authorised representative) to cast a vote as a Member of the Company, in relation to decisions reserved to members of the Company whether at a member meeting or by written resolution, when necessary, having taken legal, technical and financial advice as appropriate; and

 

8)   Agrees that periodic progress reports be brought to Cabinet or another appropriate forum by way of updates for members.

153/23

Allocation of 2024-25 Local Transport Plan Highways Capital Settlement pdf icon PDF 152 KB

Additional documents:

Decision:

RESOLVED to:

 

1)    Approve the acceptance of the 2024-25 Local Transport Plan   grant from the Department for Transport (DfT) to the Highways Capital Programme providing forward visibility to members and communities and enabling early delivery of the programme; and

 

2)    Authorise delegation to the Director for Highways, to approve any changes to the programme, (within the tolerance of the overall budget).

Minutes:

Councillor C Cupit introduced a report, which had been circulated in advance of the meeting, that sought approval for the acceptance of the 2024-25 Local Transport Plan grant and for the delegation to the Director for Highways, to approve any changes to the programme, (within the tolerance of the overall budget).

 

RESOLVED to:

 

1)    Approve the acceptance of the 2024-25 Local Transport Plan   grant from the Department for Transport (DfT) to the Highways Capital Programme providing forward visibility to members and communities and enabling early delivery of the programme; and

 

2)    Authorise delegation to the Director for Highways, to approve any changes to the programme, (within the tolerance of the overall budget).

154/23

Permission to Procure the 2024-25 Micro Asphalting Programme pdf icon PDF 93 KB

Decision:

RESOLVED:

 

To approve to advertise an open tender to select a contractor to undertake the 2024-25 Micro Asphalt programme with the authority to approve contract award being delegated to the Executive Director for Place.

Minutes:

Councillor C Cupit introduced a report, which had been circulated in advance of the meeting, that sought approval to procure the 2024-25 Micro Asphalting Programme.

 

RESOLVED:

 

To approve to advertise an open tender to select a contractor to undertake the 2024-25 Micro Asphalt programme with the authority to approve contract award being delegated to the Executive Director for Place.

155/23

Use of the Provision of Library Stock to East Midlands and Mid Anglia Libraries (EMMA) Consortium Framework to Cover the Provision of Library Stock to Derbyshire Libraries pdf icon PDF 134 KB

Decision:

RESOLVED to:

 

1)    Approve the use of the Provision of Library Stock to East Midlands and Mid Anglia Libraries Consortium Framework Agreement for the purposes of acquiring stock to Derbyshire Libraries;

 

2)    Approve the allocation of up to £432,000 per annum for the six year period of the framework, commencing in April 2024, up to a total of £2,592,000;

 

3)    Agree that any planned spend on stock be reviewed and agreed on a quarterly basis with the Director for Economy and Regeneration prior to the placing of orders and purchase of stock; and

 

4)    Agree that an annual review be undertaken of demand on stock as part of wider budgetary considerations and service delivery arrangements to ensure appropriate levels of spend.

Minutes:

Councillor B Lewis introduced a report, which had been circulated in advance of the meeting, that sought approval to use the East Midlands and Mid Anglia Libraries Consortium Framework for the provision of library stock to Derbyshire libraries under Protocol 2a of the County Council’s Financial Regulations along with the associated budget allocations, control measures and implications as detailed in the report.

 

RESOLVED to:

 

1)    Approve the use of the Provision of Library Stock to East Midlands and Mid Anglia Libraries Consortium Framework Agreement for the purposes of acquiring stock to Derbyshire Libraries;

 

2)    Approve the allocation of up to £432,000 per annum for the six year period of the framework, commencing in April 2024, up to a total of £2,592,000;

 

3)    Agree that any planned spend on stock be reviewed and agreed on a quarterly basis with the Director for Economy and Regeneration prior to the placing of orders and purchase of stock; and

 

4)    Agree that an annual review be undertaken of demand on stock as part of wider budgetary considerations and service delivery arrangements to ensure appropriate levels of spend.

156/23

Forward Plan pdf icon PDF 92 KB

Additional documents:

Decision:

RESOLVED:

 

To note the contents of the Forward Plan.

Minutes:

Councillor S Spencer introduced a report, which had been circulated in advance of the meeting, that presented the Executive’s Forward Plan for the period 1 October – 31 January 2024.

 

RESOLVED:

 

To note the contents of the Forward Plan.

157/23

Exclusion of the Public

To move “That under Regulation 4 (2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England)  Regulations 2012, the public be excluded from the meeting for the following items of business on the grounds that in view of the nature of the items of business, that if members of the public were present, exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 would be disclosed to them.”

Minutes:

RESOLVED:

 

That under Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public are excluded from the meeting for the remaining business on the grounds that in view of the nature of the items of business, that if members of the public were present, exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 would be disclosed to them.

158/23

Agreement between Derbyshire County Council and Derby City Council for the administration of English National Concessionary Travel Scheme 2023-24

Decision:

RESOLVED:

 

To approve the recommendations as detailed in the not for publication report.

Minutes:

Councillor C Cupit introduced a report, which had been circulated in advance of the meeting, in relation to the agreement between Derbyshire County Council and Derby City Council for the Administration of English National Concessionary Travel Scheme.

 

RESOLVED:

 

To approve the recommendations as detailed in the not for publication report.

159/23

SAP Upgrade Implementation

Decision:

RESOLVED:

 

To approve the recommendations as detailed in the not for publication report.

Minutes:

Councillor S Spencer introduced a report, which had been circulated in advance of the meeting, in relation to the SAP upgrade programme and the procurement of an SAP implementation partner.

 

RESOLVED:

 

To approve the recommendations as detailed in the not for publication report.