Agenda, decisions and minutes

To confirm the minutes of the meeting held on 22 May 2018.

Minutes of the meetings held on 22 May 2018 were agreed by Members present and signed by the Chair.

Minutes of the meetings held on 22 May 2018 were agreed by Members present and signed by the Chair.

To receive any apologies for absence.

None

None

To receive any declarations of interest

A member with a disclosable pecuniary interest or a personal interest in a matter who attends a meeting of the authority at which the matter is considered -

(i)            must disclose the interest at the start of the meeting or when the interest becomes apparent

and, if the interest is a disclosable pecuniary interest, or a personal interest which is also prejudicial

(ii)            may not participate in any discussion or vote on the matter (and must withdraw to the public seating area) unless they have been granted a dispensation.

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Members’ Register of Interests, or is not the subject of a pending notification, must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal and prejudicial interests are defined in Part 2 of the Code of Conduct for Members

[If a member is in any doubt as to whether they have an interest which should be declared they should seek the advice of the Monitoring Officer before the start of the meeting]

There were no declarations of interest

There were no declarations of interest

An opportunity for members of the public to make statements and ask questions in accordance with the rules as to Public Participation.

There was no public participation

There was no public participation

There are no referrals to Cabinet for consideration.

There were no referrals to Cabinet.

There were no referrals to Cabinet.

The Forward Plan was noted and agreed, with the following comment/amendment;

Cllr Sutton requested that a Brownfield Land Register update item be added to the September meeting.

Cllr Williams requested that a report on car parking standards for grant funded schemes be added to the July meeting

The Forward Plan was noted and agreed, with the following comment/amendment;

Cllr Sutton requested that a Brownfield Land Register update item be added to the September meeting.

Cllr Williams requested that a report on car parking standards for grant funded schemes be added to the July meeting

RESOLVED TO RECOMMEND;

That the following Virements be approved:

1. Virement to realign the revenue budgets for The Forum to the required subjective codes
2. Virement for the purpose of setting up budgets in Environmental Services for an in-house Dog Waste service following the transfer of the service from Environmental and Community Protection

3.    Virement for the purpose of creating a salaries budget for the member of staff seconded to manage The Elms homeless hostel and setting up an individual budget for income on The Elms

Decision

Cabinet approved the virements as detailed on Form A, attached to the Cabinet agenda.

Reason for decision

1. Virement to realign the revenue budgets for The Forum to the required subjective codes.

2. Virement for the purpose of setting up budgets in Environmental Services for an in-house Dog Waste service following the transfer of the service from Environmental and Community Protection.

3. Virement for the purpose of creating a salaries budget for the member of staff seconded to manage The Elms homeless hostel and setting up an individual budget for income on The Elms.

Corporate objectives

To standardise documentation and authorisation requirements for all virements.

Monitoring Officer/S.151 Officer comments

Monitoring Officer:  

No further comments to add.

S.151 Officer:

This is a S.151 Officer report.

Advice

Cllr Elliott introduced the recommendations set out in the report. 

Recommendations agreed.

Voting

None.

Cabinet noted the content of the report.

Decision

Cabinet noted the content of the report.

Reason for decision

To provide the Quarter 4 update on the Strategic Risk Register for 2017/18.

Corporate objectives

Dacorum Delivers – Risk management is an essential part of ensuring that the Council meets all of its objectives.

Monitoring Officer/S.151 Officer comments

Monitoring Officer:  

No further comments to add.

S.151 Officer:

This is a S.151 Officer report.

Advice

Cllr Elliot introduced the report and advised that it has been considered by the Overview & Scrutiny Committees.

JDeane flagged up a change around the Housing Revenue Account Business Plan; from 2020 we have confirmation from MHCLG that we can set rents at CPR + 1% rather than the 1% reduction we have seen over last 4 years.

Cllr Williams queried if next year will be a 1% reduction as the final of 4 years?  JDeane confirmed, that is the final year.  After that it will be CPR +1% for 5 years.

Recommendations noted.

Voting

None.

RESOLVED TO RECOMMEND;

1.    That Council adopt the amended Petition Scheme as annexed at Appendix 1A of the Cabinet report; and include a change in paragraph 5 (The word ‘ago’ be replaced with ‘previously’).

Resolved

2.    That the Constitution be amended as set out in paragraphs 5, 7, 9 and 10 of the Cabinet report, to reflect changes to staffing structures, operational changes and new legislation.

Decision

RESOLVED TO RECOMMEND;

1.    That Council adopt the amended Petition Scheme as annexed at Appendix 1A of the Cabinet report; and include a change in paragraph 5 (The word ‘ago’ be replaced with ‘previously’).

Resolved

2.    That the Constitution be amended as set out in paragraphs 5, 7, 9 and 10 to reflect changes to staffing structures, operational changes and new legislation.

Reason for Decision

1.    To seek approval to amend the Constitution to reflect changes to staffing structures, operational changes and new legislation.

2.    To consider proposed amendments to the Council’s Petition Scheme

Corporate objectives

The Constitution and the Council’s Financial Regulations support all of the Council’s Corporate Objectives as they provide the governance framework for all decisions, strategic and operational.

Monitoring Officer/S.151 Officer comments

Monitoring Officer:  

This is a Monitoring Officer report.

S.151 Officer:

No direct financial implications as a result of the recommendations requested.

Advice

Cllr Williams introduced the report which includes changes to the petition scheme and updates the Constitution, primarily following the changes to Portfolio Holders as announced at Annual Council.

MBrookes advised one small change to recommendation 1; that Cabinet approves the changes to the constitution set out in paragraphs 5 & 7 and makes reference to paragraphs 9 & 10 in the background report to take account to the changes to Portfolio Holders.

Cllr Harden said that his understanding is that government changed its mind over the 2 year window, from encouraging petitions through the Localism Act, to not to require petitions, is that correct?  MBrookes confirmed that yes, they were quite prescriptive in the original rules but they have withdrawn those and it is now for councils to decide.  Most Councils still have a petition scheme and he was suggesting that we retain an amended version of ours.

Cllr Harden asked for clarification around online petitions and the difficulties identifying and validating those individuals who work, study or live in the area.

MBrookes advised that we are asking that email addresses are appended to any petition so that we can go back and ask for evidence of local connection; if they ignore the inquiry we may have to look at discounting that particular petitioner. He suggested that the number involved it is unlikely to make a big difference.  He drew attention to the need to ensure petitioners Data is protected.

Cllr Marshall, following on from Cllr Harden’s question, accepted it would be impossible to check out every petitioner but it would be nice to include a simple tick box to identify whether they are resident, work or study in this area so that when they sign up they pause and consider their connection to Dacorum. 

MBrookes responded it would be nice to have, but we would have to have our own online petition system which would be quite expensive to purchase and maintain, we are trying to encourage people to use the readily available, free online systems.

Cllr Marshall referred to the top of pg. 51 under paragraph 7 of section c and  ...  view the full minutes text for item CA/71/18

That the following be agreed:

1.    That the main contract be awarded to Bugler Developments Ltd as Principal Contractor to construct 65 housing units at Martindale School Site, Hemel Hempstead

2.    To delegate authority to the Corporate Director of (Housing & Regeneration) in consultation with the Portfolio Holder for Housing to award the main contract and appoint a Principal Contractor to construct 6 flats at Northend garage site and 6 flats at Westerdale garage site provided this is within the approved capital budget.

3.    To award the following grant funding payments for affordable housing developments in the Borough:

a.    £2,003,686 to Hightown Housing Associationfor a development known as Top Car Site, Wood Lane, Hemel Hempstead subject to the site providing car parking at a ratio of one space per residential unit.

b.    To approve an increase to the grant funding payment from £3,270,169 to £3,512,080 (increase of £241,911) to Hightown Housing Association for a development known as Viking House, Maylands Avenue, Hemel Hempstead.

c.     In addition that authorisation is given to a +/- 5% adjustment to the stated cost figures above as a contingency sum should the Housing Association revise their cost data as these are based on current estimates which could adjust as the project develops

4.    That a further report be brought back to the next Cabinet to agree guidelines for grant funding in relation to car parking standards.

Confidential Financial details can be found in the Part ll decision sheet.

Decision

That Cabinet agrees:

1.    That the main contract be awarded to Bugler Developments Ltd as Principal Contractor to construct 65 housing units at Martindale School Site, Hemel Hempstead

2.    To delegate authority to the Corporate Director of (Housing & Regeneration) in consultation with the Portfolio Holder for Housing to award the main contract and appoint a Principal Contractor to construct 6 flats at Northend garage site and 6 flats at Westerdale garage site provided this is within the approved capital budget.

3.    To award the following grant funding payments for affordable housing developments in the Borough:

4.    That a further report be brought back to the next Cabinet to agree guidelines for grant funding in relation to car parking standards.

Reason for decision

To be read in collaboration with the Part II financial details included in the agenda.

1.    To seek approval to award the main contract to construct 65 housing units at Martindale School Site, Hemel Hempstead.

2.    To seek approval to obtain delegated authority to award the main contract to construct 6 flats at Northend garage site and 6 flats at Westerdale garage site.

3.    To seek approval for the payment of “one for one” grant funding to Housing Associations (Registered Providers) delivering affordable housing schemes in the Borough.

Corporate objectives

Delivering Affordable Housing.

Monitoring Officer/S.151 Officer comments

Monitoring Officer:  

The proposed contract awards have followed competitive procurement processes to ensure that the Council is receiving value for money.  It is noted from the report that the model JCT Design and Build contract as approved by the Council’s external solicitors will be used and this must be completed prior to commencement of any work on site.

The funding awards will also be made subject to completion of the Funding Agreement which has been drafted by the Council’s legal team and ensures the funding is utilised within agreed timeframes.

S.151 Officer:

The resulting tender process for both future developments has provided bids that are within existing approved capital budgets.

The S.151 officer should be consulted prior to the award of the Northend and Westerdale contract if the final award decision results in the development costs exceeding the existing approved capital budget.

The award of these grants can be met from the 1-4-1 receipts and will be reported on the pooling return to MHCLG which is audited on an annual basis by DBC’s  ...  view the full minutes text for item CA/72/18

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.

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 item 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 this item, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations. (Minute CA/072/18)

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3 and 5

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 item 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 this item, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations. (Minute CA/072/18)

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3 and 5