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Agenda and decisions

Venue: Shekinah, Jubilee Church Life Centre, London Road, Grantham, NG31 6EY

Contact: Jo Toomey 

Items
No. Item

2.

Minutes of the meeting held on 6 September 2018 pdf icon PDF 196 KB

                                                                                                                  (Enclosure)

3.

Disclosure of Interests (if any)

4.

*Hackney Carriage and Private Hire Licensing Policy and the Equality Act 2010 pdf icon PDF 120 KB

Report number CSL131 of the Cabinet Member for Environment.    (Enclosure)

Additional documents:

Decision:

Decision

 

The Cabinet agrees to implement the provisions of Section 165, 166 and 167 of the Equality Act 2010 and that the draft policy as set out at Appendix E of report number CSL/131 is adopted and included in the Hackney Carriage and Private Hire Licensing Policy.

 

Considerations/Reasons for Decision

 

  1. Report number CSL/131 of the Cabinet Member for Environment
  2. Sections 165, 166 and 167, together with other relevant provisions of the Equality Act 2010
  3. South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy
  4. The letter of notification to drivers, proprietors and operators
  5. The equality analysis attached as Appendix D to report number CSL/131
  6. The draft Medical Exemption Policy attached as Appendix E to report number CSL/131
  7. Comments made by the Licensing Committee at its meeting on 7 September 2018
  8. Comments made by the Environment Overview and Scrutiny Committee at its meeting on 11 September 2018

 

Other options considered and assessed

 

The Council could determine not to implement the provisions of the Act.

5.

*Grounds Maintenance Company pdf icon PDF 131 KB

Report number ENV703 of the Cabinet Member for Environment.    (Enclosure)

Additional documents:

Decision:

Decision

 

  1. Cabinet approves the incorporation of the Environment SK companies (limited by shares) utilising Model articles of association

 

  1. Cabinet approves the appointment of the following as Directors of Environment SK Ltd and Environment SK Commercial Services Ltd

 

·         Cabinet Member for Environment – Councillor Dr. Peter Moseley (Chairman)

·         Assistant Director Commercial and Operational – Ian Yates

·         Strategic Advisor (Housing Led Regeneration) – Tracey Blackwell

 

  1. Cabinet approves the appointment of a Non-Executive Director to the Board of Environment SK Commercial Services Ltd

 

Considerations/Reasons for Decision

 

  1. Report number ENV703 of the Cabinet Member for Environment
  2. The Council’s Corporate Strategy and its emphasis on commercialism
  3. The Council’s current grounds maintenance contract with Glendale which expires at the end of February 2019
  4. A review of service delivery options by the Environment Overview and Scrutiny Committee
  5. The decision made by Cabinet on 12 July 2018 to deliver the service through a company that is wholly owned by South Kesteven District Council and subsequent decision by Council on 26 July 2018 to make changes to the Council’s 2018/19 budget framework
  6. New arrangements would require input from a range of the Council’s support services, for which Service Level Agreements were being prepared
  7. New performance measures would be considered when the service is reviewed during the 2019/20 financial year
  8. Section 1 of the Localism Act 2011
  9. A company limited by shares would allow the Council to own and control the environmental services vehicle and allocate any profits for use in the Council’s wider activities
  10. The group structure would separate the discrete classes of activity (core services and purely commercial activity)
  11. The Companies Act 2006
  12. Model Articles of Association for a company limited by shares as Appendix 1 to report number ENV703
  13. Cabinet’s decision on 6 September 2018 to agree a review of the governance arrangements for all of the Council’s companies
  14. Any commercial lending undertaken by the Council would be structured within the operating framework of the Treasury Management Strategy
  15. Services provided to the company by the Council would be fully charged on a cost recovery basis
  16. The Transfer of Undertakings (Protection of Employment) Regulations 1981
  17. Public Contract Regulations 2018

 

Other options considered and assessed

 

The core grounds maintenance service could be delivered by establishing one company – Environment SK without the need for a separate commercial entity. The advice received to date indicates that the Council would need to be assured that commercial trading levels would not be at risk of exceeding the thresholds sets out in procurement regulations. Effectively this could limit the ambition of the company in terms of developing its commercial strategy and competing for new contracts. From the Council’s perspective this could limit the opportunities available to derive new revenue streams and therefore its ability to cross-subsidise other corporate services or invest in local priorities.

6.

*Housing Policies (Mutual Exchanges, Succession and Assignment) pdf icon PDF 112 KB

Report number HSG134 of the Cabinet Member for Housing.     (Enclosure)

Additional documents:

Decision:

Decision

 

Cabinet approves the Mutual Exchange, Assignment and Succession Policies as appended to report number HSG134 and delegates responsibility for any further minor changes prior to publication to the Cabinet Member for Housing.

 

Considerations/Reasons for Decision

 

  1. Report number HSG134 of the Cabinet Member for Housing and appended draft policies
  2. Recommendations of the Communities and Wellbeing Overview and Scrutiny Committee regarding the draft policies and the proposal to charge a fee for the administration of mutual exchanges (this aspect was not supported)
  3. The equality analyses attached as appendix 4 to the report
  4. Provisions within the Housing Act 1996
  5. South Kesteven District Council’s Housing Allocations Policy

 

Other options considered and assessed

 

The original intention of the Mutual Exchange charge was to apply it to all applicants with the allowance of ‘exceptional reasons’ to waive it.

7.

Health and Safety Policy pdf icon PDF 120 KB

Report number ENV702 of the Cabinet Member for Environment.    (Enclosure)

Decision:

Decision

 

Cabinet approves and fully endorses its commitment to the Council’s Health and Safety General Policy Statement (attached as Appendix 1 to report number ENV702)

 

Considerations/Reasons for Decision

 

  1. Report number ENV702 of the Cabinet Member for Environment and the Health and Safety General Policy Statement attached as Appendix 1 to the report and the Health and Safety Policy Handbook (Appendix 2 to the report)
  2. Minimum requirements set out in the Health and Safety at Work Act 1974 against which the Council has to deliver
  3. The Management of health and Safety at Work Regulations 1999
  4. Delivery of the Council’s Corporate Strategy is underpinned by good health and safety arrangements

 

Other options considered and assessed

 

The requirements of the Health and Safety at Work Act 1974 underpin the requirement to have in place appropriate policies. No other options have therefore been considered.

8.

SKDC survey of residents 2018 pdf icon PDF 255 KB

Report number ACEX007 of the Cabinet Member for Growth and Communities.  (Enclosure)

Additional documents:

Decision:

Decision

 

Cabinet notes the contents of report number ACEX007 and agrees

 

  1. To undertake benchmarking with other local authorities who have followed a similar approach via the Local Government Association, so the Council can gauge its performance against other local authorities
  2. To provide information on the services that are provided by the District and County Councils and communicate these to residents
  3. To consider the rates of satisfaction across different Council services in order to investigate where improvements to satisfaction can be made
  4. That the relevant Overview and Scrutiny Committees seek to undertake a more detailed analysis of any areas of concern and make recommendations back to Cabinet

 

Considerations/Reasons for Decision

 

  • Report number ACEX007 of the Cabinet Member for Growth and Communications
  • A coping exercise which set out the objectives, timescale, methodology, outcomes and deliverables for the project
  • The Council’s desire to be able to benchmark with other authorities using data collated by the Local Government Association
  • 1,466 responses received in respect of the survey
  • A number of the issues that were raised by respondents were the responsibility of Lincolnshire County Council

 

Other options considered and assessed

 

No other options were considered.

9.

Matters Referred to Cabinet by the Council or Overview & Scrutiny Committees pdf icon PDF 123 KB

Report number LDS316 of the Leader of the Council.                   (Enclosure)

10.

Items raised by Cabinet Members including reports on Key and Non Key Decisions taken under Delegated Powers. pdf icon PDF 88 KB

Report number LDS317 of the Leader of the Council.                   (Enclosure)

11.

Representations received from Non Cabinet Members pdf icon PDF 86 KB

Report number LDS318 of the Leader of the Council.                   (Enclosure)

12.

Cabinet Forward Plan pdf icon PDF 96 KB

Report number LDS319 of the Leader of the Council.                   (Enclosure)

Additional documents: