Agenda, decisions and minutes

To confirm the minutes of the meetings held on 13 April and 11 May 2022

The Minutes from the 14th April and 11th May were agreed.

C Hamilton gave an announcement referring to the minutes of the 13 th April.

Cllr Tindall raised a point regarding an inaccuracy in the voting in the minutes from 13^th April and said he believed the chief Executive would be reading out a statement.

Chief Executive

It has been bought to my attention that there was a discrepancy in the voting totals under Item 1 (minutes)  at the meeting of 13 April, where 33 Members were present but only 20 votes recorded as having been cast.  It is however accepted that the decision remains unchanged. 

Moving forward, I have requested the following process be put in place;

• Prior to any vote, the Mayor will announce if the vote is intended to be recorded or unrecorded; only recorded votes will minute individual votes by Member name, otherwise the minutes will display ‘For’, ‘Against’ and ‘Abstain’ totals only.
• During any live vote, we will monitor the number of votes cast against the numbers of members present and, if there is any discrepancy, an announcement will be made to give Members sufficient opportunity to cast their vote. 
• During a live vote, should any Member have any query, or experience any issue when submitting their vote, they should raise their hand and an officer from Democratic Services or ICT will provide assistance.
• Once a vote is closed, if it is the case that a Member present has not submitted a vote, this will be recorded in the minutes as ‘Abstained (no vote cast)’

The minutes were then agreed for 13^th April and 10^th May

To receive any declarations of interest

None

To consider questions (if any) by members of the public of which the appropriate notice has been given to the Assistant Director (Corporate and Contracted Services)

There was a question from a member of the public to Cllr Alan Anderson.

Steven Butler asked a question of Alan Anderson, the questions was as follows:

Stephen Butler: I thought it would be useful to share an example of the issue at hand which relates primarily to planning application 00958, which is a granted application for land in Tring for a residential area which designated 0.75 hectares for employment purposes, and planning application 2201962, which is pending, and relates to a supermarket development on that site. The land adjacent to this employment space is the Icknield Way Industrial Estate, which was referenced in the 15th July press release as-,

The Mayor interrupted and asked Mr Butler to read his original question

Stephen Butler: Will you ensure that land is used as per the local plans and prioritise enforcement action where developers seek to breach conditions of their planning permission in place to protect those local plans?

Cllr Anderson: Good evening, Mr Mayor, and good evening, Mr Butler. As this question relates to a planning application which is currently awaiting determination it would not be appropriate for me to comment on the specifics at this stage The council will have regard to any comments received in response to this application and, in addition to what it says here, I'd say that any member of the public can participate in the planning process as registering to speak to the development management committee, should it get to the development management committee, and there you will have your opportunity to have your say. On the wider point of protecting employment space in the borough, I would like to point out that the council has recently made an number of Article 4 directions which will provide continued protection from potential losses in the employment space, and if one goes back to Tring for a moment, I know that former Cllr Mike Hicks, it was an issue that was very close to his heart, because I remember him, when I was Chair of the Scrutiny Committee, I remember him mentioning it in relation to Tring on many, many occasions and I hope, next year, we will have the opportunity to continue that campaign. Thank you, Mr Mayor.

Mayor: Mr Butler do you have any supplementary questions.

Mr Butler required no further questions

Cllr Hollinghurst: Thank you, Mr Mayor. Could I ask for some guidance from the officers, please? I do not wish to refer to the matter raised by the member of the public, because that is a planning matter of course. However, the gentleman who was speaking had plenty of time in which to explain the reasons for his question and the background to it, and yet, Mr Mayor, you cut the gentleman short and asked him to proceed to his question forthwith. So, therefore, with your indulgence, I would like to ask if the officers can give some guidance as to whether it is proper to curtail a question in this manner when the person raising it has plenty of allocated time to go?

The Mayor: Cllr  ...  view the full minutes text for item 3.

To receive announcements and business brought forward by the Mayor, Leader, and Members of the Cabinet or the Chief Executive.

4.1       By the Mayor:

4.2       By the Chief Executive:

4.3       By the Group Leaders:  Any apologies for absence

4.4       Council Leader and Members of the Cabinet:

Councillor Williams                 Leader of the Council

Councillor Barratt                    Neighbourhood Services

Councillor Anderson               Place

Councillor Banks                     Communities

Councillor Elliot                       Corporate Services

Councillor Griffiths                  Housing Services

Councillor Williams                 Commercial Strategy and Delivery

4.1       By the Mayor:

None

4.2       By the Chief Executive:

Update given under item 1 - Minutes.

4.3       By the Group Leaders:

Cllr Williams gave apologies for Cllrs Durrant, Timmis, Silwal & Johnson

Cllr Tindall gave apologies for Cllrs Foster, Cllr Wilkie, Cllr Pringle, Cllr McDowell & Cllr Ransley

4.4       Council Leader and Members of the Cabinet:

Full details can be found in the full minutes.

4.1       By the Mayor:

None

4.2       By the Chief Executive:

Update given under item 1 - Minutes.

4.3       By the Group Leaders:

Cllr Williams gave apologies for Cllrs Durrant, Timmis, Silwal & Johnson

Cllr Tindall gave apologies for Cllrs Foster, Cllr Wilkie, Cllr Pringle, Cllr McDowell & Cllr Ransley

4.4       Council Leader and Members of the Cabinet:

The Leader advised he had nothing to update under this particular section of the agenda, but happy to take questions.

Questions

Cllr Symington: Thank you very much. I'd like to ask the Leader of the Council whether he agrees that the democratic process is severely limited if we invite members of the public to come and speak for three minutes and, in less than 50 seconds, we cut them off and ask them to read out a question that clearly is not a three minute question, because they wouldn't have submitted 450 words, a 450 word question to read out, at council?

Cllr Williams: No, I do not. The standing order of the process for public participation is that a person, or any person wishing to participate, submits their question and that question can be 30 seconds or up to three minutes, but when they attend they read that question. It doesn't come with an unprovided statement.

Cllr Symington: Inaudible (no Microphone)

Cllr Williams:I don't think the circumstances make any difference. They've got three minutes and they can submit whatever question they want to us in advance, as Mr Butler did, and then that question is read out. What you can't do is come forward with information or questions which you haven't previously submitted.

Cllr Hollinghurst – Inaudible (no Microphone)

Cllr Rogers: asked a question advising that it's about the number of staff who are actually attending in the forum. Over the past few months on my infrequent visits I've noticed that there are very few officers on site it would appear, clearly many continue to work from home, fully understandable under the circumstances, but now the rest of the world is getting back to normal and I'd like to know how many officers are actually coming into the office, coming into the forum, how many are actually, in percentage terms, how many are available for consultation, not only for residents but also for councillors, because on many, many occasions, I don't know if other councillors and members of the public have had the same level of service, I'd like to know the sort of red or amber and green traffic light systems that we're actually achieving in terms of being available. Many officers have actually turned their mobile phones off as well and made themselves unavailable, so we can't call them back, because they take on the privacy button on their mobiles. Sorry, I was little confused there, but it's just about the level of service that we're achieving from the number of officers who are in the building.

Cllr Williams: I thank Cllr Rogers for advanced notice of the question for me  ...  view the full minutes text for item 4.

Motion One.  Proposed by Cllr. Ron Tindall

1. This motion calls upon the Council to address the present Cost of Living Crisis which is a complex problem which may be with us for some years.  The Ofgem energy price cap has risen by 54%, the pension’s triple lock has been suspended, and food and petrol price rises have contributed to the highest levels of inflation for nearly 30 years.

2. Whilst the opportunities for action at local level are limited, it is important this council does what it can to ease the pressures on our residents.  Therefore, this Council resolves as a matter of urgency to

a.         instruct officers to look at and improve the current support mechanisms available to residents,

b.         arrange discussions with all concerned organisations across Dacorum including food banks and the voluntary sector, and 

c.         initiate discussions with Council Tax Preceptors regarding 2023/2024

With the purpose of enabling proposals to be brought forward in a timely manner to provide assistance and support for those most in need in our communities.

Cllr Williams proposed an alternative motion, which was accepted by Cllr Tindall.

Alternative Motion :

1            This motion calls upon the Council to recognise the present cost of living crisis which is likely to be with us for some years causing challenges for many in our community. The Ofgem price cap has risen by 54%, the pension’s triple lock has been suspended and food and fuel price rises have contributed to the highest level of inflation for nearly 30 years.

2          The Council welcomes the 37 Billion pounds of support the government has already committed to help families through the crisis but recognises that many will require more support whilst the opportunities for action at local level are limited it is important that we do what we can. Therefore this council resolves to

a.         Work with the Community and Voluntary sector partners to hold a Cost of Living Symposium to fully understand the extent of local issues and discuss potential solution

b.         Instruct officers to review current support mechanisms available to residents following the symposium.

c.         Work county-wide to ensure that collectively we ensure that we maximise the support available.

With the purpose of enabling proposals to be brought forward in a timely manner to provide assistance and support for those most in need in our communities.

The alternative motion was put  to a vote.

The Council voted unanimously in favour of this alternative Motion proposed by Cllr Williams.

Motion Two.  Proposed by Cllr., Garrick Stevens

1. While acknowledging that home ownership is an aspiration for many, this Council also recognises that many in the community will, for various reasons, be unable or unwilling to be other than a lifetime tenant of a Registered Social Landlord [‘RSL or Housing Assn’].

In this Borough approximately 5,000 dwellings are owned by RSLs and they make a vital contribution to the provision of affordable housing in the rental sector.

2. The Government has made a proposal to introduce the  ...  view the full decision text for item 5.

5.1

Cllr Tindall: Could I thank the leader of the council for presenting an amendment which we have accepted, and, therefore, what is before you is an amended motion going forward on the subject of the cost of living. I understand the text is going to be put up on the screen but if you would like me to read it out?

Mayor: I'm instructed, Cllr Tindall, that you must move your original motion first.

Cllr Tindall: I've accepted the amendment and we have accepted the amendment in its entirety, and Cllr Williams is going to second the amended motion, so, therefore, there is no need to go through the rigmarole, as it were.

Mayor: I think the officer agrees with you.

Cllr Tindall: Thank you. Right, yes, it just saves time and everybody's energy on these warm evenings. Can I say, as I said before, I thank the leader of the council for proposing his amendment which we've taken in its entity and so this motion is a motion that I hope the whole council can agree. It is presented to the council without prescription or time limit so the Dacorum can come together to support those in our communities who are affected by the cost of living crisis. I do not intend to do anything to setting out the facts at present and urge the whole council to support this motion and the future work that will derive from it. There is a cost of living crisis and there is no doubt that it is likely to continue for some time, possibly two, three or more years. Further, we have no way of knowing when external factors such as the Russian invasion of Ukraine or further pandemic pressures will end. It is for that reason that this motion calls upon the officers to look at and improve Dacorum's present support systems that are available to help vulnerable residents including making available availability to such support easier to those in need. We're also looking to ensure that we're able to support our communities into the future. So, the motion also calls for an action to bring together all those involved so that the support given is co-ordinated, gets to those in need and our efforts are not wasted. It may be that we have to ensure that our local organisations are supported themselves so they can reach out to the communities in need. I know that the council presently works well with those local organisations but let us ensure that everything we are doing and could do is structured and gets to the target.

The third point concerns the burden of taxation on those who can least afford it and looks at the medium-term. There is no news of the cost of living crisis easing. Indeed, the available information suggests that interest rates will continue to rise next month, therefore, the motion asks that this council has discussions with The County Council-, I'll leave that bit out because the  ...  view the full minutes text for item 5.

To consider questions (if any) by members of the Council of which the appropriate notice has been given to the Assistant Director (Corporate and Contracted Services)

The following people asked questions and the full details can be found in the full minutes

Cllr England to Cllr Williams

Cllr Hobson to Cllr Banks

Cllr Symington to Cllr Barratt

Cllr Symington to Cllr Williams

Cllr Symington to Cllr Anderson

Cllr Symington: Can I raise a point of order, please?

Mayor: If you must.

Cllr Symington: Yes, thank you. These are written questions, which obviously we've submitted. I can't see they've been circulated, and furthermore, you mentioned earlier in the meeting that the resident who attended-, question has been circulated to us all. I can't see it either on the documents I have or by email.

Mayor: If I spoke in error, it was because I was assured that that had happened, Cllr Symington.

Mayor: Okay. In this case, apparently, these questions are not circulated in advance, that is why they are read out at the meeting.

Cllr Symington: Okay, and the resident who attended, who you said-, his question had been circulated to us all. Can we have a clarification of whether that is true because I haven't received it, and I can't see any evidence that it was.

Mayor: I'm told that it was not circulated but that is why he was asked to read it out.

Cllr Symington: Please could we have an apology for the resident who attended, when you said that his question had been circulated to everybody, and it hasn't been?

Mayor: I can certainly apologise that I was mislead on that matter, but I won't apologise for asking him to read out the question, in the light of what you have just said, that it wasn't actually circulated.

6.1 The following question was submitted to Cllr Williams from Cllr England

Cllr England: The Cabinet have set out priorities for addressing the Climate Emergency, based on a "Fabric First" strategy.

Please provide the following information:

a.  The number of DBC homes retro-insulated in the 3 and/or 6 years to 2019 and the comparative number of homes retro-insulated in the last 3 years.

Mayor: Cllr Williams, I'm assuming that we have here three substantive questions, so you may answer the first.

Cllr Williams: The answer to the first question is in the three years, between 2016 and '19, the number is 920, and the three years between 2019 and '22, the number was 786.

b.  The estimated heating savings generated from the available insulation projects (above), and from typical examples of the five most effective and most widely available insulation interventions available across DBC stock.

Cllr Williams: The annual estimated fuel savings and carbon savings from those above interventions, is £206,515 and 662,850 kilograms of CO2. Then, I think you went to ask that most-,

c.  A breakdown of the numbers of each main type of insulation intervention (in homes insulated and cost per home) available and planned as part of the published Climate Emergency Action Plan claim of 90% of stock which is planned to be completed by 2030.

Cllr Williams: Number of each type of installation, the number of propositions we've retro-fitted to hit the 90% target, is that the question? Because I'm a bit confused about what it is that Cllr England is asking. Right okay, and this is based upon a  ...  view the full minutes text for item 6.

To consider any business from the previous meeting.

None.

None.

To consider the following referrals from Cabinet:

Item 8.1           CA/32/22         Housing Revenue Account (HRA) Business Plan Update

Resolved:

That the following be approved:

13 April 2022

Item 8.1 CA/32/22 Housing Revenue Account (HRA) Business Plan Update

Decision

1.    1. Council approved the updated Housing Revenue Account (HRA) Business Plan

2.     

Recommendation agreed

12 July 2022

Item 8.2 CA/55/22 Provisional Financial Outturn 2021-22

Decision

2. Council approved the following General Fund reserve movements  in respect of 2021-22:

· £0.009m surplus Filming income to be transferred to the Dacorum Development Reserve, to be drawn down in 2022-23 for work on town centre improvements.

·  £0.216m surplus CIL admin income to be transferred to the Dacorum Development Reserve to support the costs of CIL administration in future years.

·  £0.565m overall General Fund surplus to be  transferred to a new reserve- Inflationary  Pressures- in order to meet unexpected  inflationary pressures brought about by  fluctuations in the current economy.

3. Council  approved  the following General Fund reserve movements  in respect of 2022-23:

·         £0.022m draw down from the Dacorum Development reserve to support the cost of the Armed Forces event in 2022-23.

·         £0.020m draw down from the Dacorum Development reserve to support the cost of the Queen’s Baton relay event in 2022-23.

·         £0.150m reserve draw down from the Dacorum Development reserve for Berkhamsted Leisure Centre redevelopment planning.

4. Council approved an HRA transfer of £0.020m to the HRA Lift sinking fund reserve.

5. Council approved the following slippage on the capital programme:

·         £2.777m to be slipped to 2022-23 in respect of General Fund capital schemes.

·         £0.595m to be slipped to 2022-23 in respect of Housing Revenue Account capital schemes.

Recommendation agreed

Item 8.3 CA/56/22 Chief Housing Officer Post

Decision

1 Council approved an additional post of Chief  Housing Officer to be added to the establishment which  will sit at Tier 3 within the Corporate Leadership Team

2 Council approved a total budget for the post of up to £130,000 per annum.

Recommendation agreed

Item 8.3 CA/59/22 PMO (Project Management Office) Resource Funding

Decision

2. Council approved the funding of £170,000 to temporarily fund the Cabinet www.dacorum.gov.uk General Fund PMO while permanent resource is planned and implemented.

Recommendation agreed

Item 8.4 CA/61/22 Constitution update

Decision

1. Council agreed the amendments to Part 3 of the Constitution as highlighted in the report and shown in tracked changes on the attached document entitled “Constitution – Part 3 – Responsibility for Functions”

2. Council agreed the amendments to Part 4 of the Constitution as highlighted in the report and shown in tracked changes on the attached document entitled “Constitution – Part 4 – Rules of Procedure”

3. Council agreed the amendments to the Council’s Financial Regulations as highlighted in the report and shown in tracked changes on the attached document entitled “Financial Regulations v.1.1”

4. Council approved the proposed amendment to Commissioning and Procurement Standing Orders as set out in section 4.5 to the report.

Recommendation agreed

Cllr Williams: Thank you, Mr Mayor. I'd turn the members attention to page 29 of the original agenda. CA/32/22, housing revenue account, business plan updates with the result to recommend.

Resolved:

That the following be approved:

13 April 2022

Item 8.1 CA/32/22 Housing Revenue Account (HRA) Business Plan Update

Decision

1.    1. That Cabinet recommends that Council approves the updated Housing Revenue Account (HRA) Business Plan

Cllr Griffiths: Seconded

All: Agreed

Decision: approved

Cllr Williams: Then I'd turn members to the supplementary agenda, referrals to Cabinet, referrals to council from more recent Cabinet, and CA/55/22, provisional financial help, turn 2021, '22

12 July 2022

Item 8.2 CA/55/22 Provisional Financial Outturn 2021-22

Decision

2. That Cabinet recommends to Council to approve the following General Fund reserve movements  in respect of 2021-22:

·£0.009m surplus Filming income to be transferred to the Dacorum Development Reserve, to be drawn down in 2022-23 for work on town centre improvements.

·£0.216m surplus CIL admin income to be transferred to the Dacorum Development Reserve to support the costs of CIL administration in future years.

·£0.565m overall General Fund surplus to be  transferred to a new reserve- Inflationary  Pressures- in order to meet unexpected  inflationary pressures brought about by  fluctuations in the current economy.

3. That Cabinet recommends to Council to approve the following General Fund reserve movements  in respect of 2022-23:

• £0.022m draw down from the Dacorum Development reserve to support the cost of the Armed Forces event in 2022-23.
• £0.020m draw down from the Dacorum Development reserve to support the cost of the Queen’s Baton relay event in 2022-23.
• £0.150m reserve draw down from the Dacorum Development reserve for Berkhamsted Leisure Centre redevelopment planning.

4. That Cabinet recommends to Council to approve an HRA transfer of £0.020m to the HRA Lift sinking fund reserve.

5. That Cabinet recommends to Council to approve the following slippage on the capital programme:

• £2.777m to be slipped to 2022-23 in respect of General Fund capital schemes.
• £0.595m to be slipped to 2022-23 in respect of Housing Revenue Account capital schemes.

Cllr Griffiths: Seconded

All: Agreed

Decision: recommendations approved

Cllr Williams: Moving then down the next page CA/56/22, chief housing officer post with a recommendation;

Item 8.3 CA/56/22 Chief Housing Officer Post

Decision

That Cabinet recommends:

1 That Council approves an additional post of Chief Housing Officer to be added to the establishment which will sit at Tier 3 within the Corporate Leadership Team

2 That Council approves a total budget for the post of up to £130,000 per annum.

Cllr Griffiths: Seconded

All: Agreed

Decision: approved

Cllr Williams: Further down the next page CA/59/22, PMO, project management office, resource funding with a result to recommend;

Item 8.3 CA/59/22 PMO (Project Management Office) Resource Funding

Decision

1. To note the update on PMO resource

2. That Cabinet recommends that Council approves the funding of £170,000 to temporarily fund the Cabinet www.dacorum.gov.uk General Fund PMO while permanent resource is planned and implemented.

Cllr Griffiths: Seconded

All: Agreed

Decision: recommendation approved  ...  view the full minutes text for item 8.

None

None.

None.

To consider any proposals for changes to committee membership

None.

To consider any proposals for changes to committee dates

None

To inform the Council of an urgent (Part 2) Portfolio Holder Decision. 

This is for information purposes only.

PH-014-22-Leisure Contract

Council were informed of an urgent (Part 2) Portfolio Holder Decision. 

This is for information purposes only.

PH-014-22-Leisure Contract

Mayor: Cllr Williams, would you like to inform the council of an urgent part two portfolio holder decision?

Cllr Williams: Thank you, Mr Mayor. As required under the constitution, it's for information only, of the decision taken under the urgency procedures in relation to the leisure contract, which was to agree a revised financial contribution from the operator for the current financial year. Because we wanted to conclude those negotiations, as we're partly way into that year, the decision was taken under the urgency arrangements to secure the financial amount.

Mayor:Thank you very much Cllrr Williams, that brings the business of the council this evening to an end, so I declare the meeting closed

To consider passing a resolution in the following terms:

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the items in Part 2 of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that, if members of the public were present during those items, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations.

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3.

None