Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on 15 September 2015 (circulated separately to Cabinet members).

The minutes of the meeting held on 15 September 2015 were agreed by the members present and signed by the Chairman.

The minutes of the meeting held on 15 September 2015 were agreed by the members present and signed by the Chairman.

To receive any apologies for absence.

An apology for absence was received on behalf of Councillor Griffiths

An apology for absence was received on behalf of Councillor Griffiths

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]

Councillor Marshall declared a Personal Interest in Item 9

‘Voluntary sector funding – Changes to grant arrangements for the Strategic Partners’ as she is a trustee for Centre in the Park.

Councillor Marshall also declared a Personal Interest in Item 16 ‘Strategic Review of Sports and Leisure Facilities in Dacorum’ as she is a member of Sportspace.

Councillor Marshall declared a Personal Interest in Item 9

‘Voluntary sector funding – Changes to grant arrangements for the Strategic Partners’ as she is a trustee for Centre in the Park.

Councillor Marshall also declared a Personal Interest in Item 16 ‘Strategic Review of Sports and Leisure Facilities in Dacorum’ as she is a member of Sportspace.

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

None received

None received

There are no referrals to Cabinet

None received

None received

That the Cabinet Forward Plan be noted, subject to the following amendments:

Add to November – ‘Review of Scrutiny Roles and Responsibilities’ (S Marshall)

Add to December – Committee Timetable 2016-2017 (S Baker)

That the Cabinet Forward Plan be noted, subject to the following amendments:

Add to November – ‘Review of Scrutiny Roles and Responsibilities’ (S Marshall)

Add to December – Committee Timetable 2016-2017 (S Baker)

That Cabinet note the updates to the Strategic Risk Register as at the end of Quarter 2, 2015, and identify any amendments to existing risks or areas for further consideration by Officers.

That Cabinet note the updates to the Strategic Risk Register as at the end of Quarter 2, 2015, and identify any amendments to existing risks or areas for further consideration by Officers.

Reason for Decision

To provide Cabinet with the quarterly update on the Strategic Risk Register.

Implications

Financial

The effective management of strategic risks and opportunities reduces the time and associated costs of dealing with unforeseen events and increases the likelihood that the Council will be able to take advantage of opportunities to deliver its objectives as set out in the Corporate Plan and supporting strategies (e.g. medium-term financial strategy, asset management strategy).

Risk Implications

Risk Assessments are included for each item on the proposed revised Strategic Risk & Opportunity Register.

Equalities Implications

None identified.

Health And Safety Implications

Effective risk management supports the Council’s Health & Safety policies. By giving careful thought to the risks inherent in projects and changes in the ways services are delivered, the health and safety of both service users and staff are better protected.

Corporate Objectives

Corporate Governance

Advice

The Portfolio Holder Finance & Resources introduced the report and noted that it was the first one following the workshop held in July.

Consultation

Consultation took place with:

·       Cabinet

·       Leader of the Opposition

·       Chief Officer Group

·       Linda Dargue, Insurance & Risk Manager

·        Mazars (the Council’s Internal Auditors)

Voting

None.

That Council be recommended to approve the Alcohol Testing Policy as set out in the Cabinet report which is intended to supplement the Council’s  existing Alcohol  Drugs and Substance Misuse Policy.

That Council be recommended to approve the Alcohol Testing Policy as set out in the Cabinet report which is intended to supplement the Council’s  existing Alcohol  Drugs and Substance Misuse Policy.

Reason for Decision

To seek approval to an Alcohol Testing Policy.

Implications

Financial

           There are costs associated with procurement of monitoring equipment as detailed in the report.

Risk Implications

Currently there is a risk that action could be taken against the Council for unfair dismissal as there is no objective testing/screening to test employees for alcohol limits whilst at work.  To ensure that the final process is objective an independent accredited organisation would be employed to conduct the final alcohol test using home office approved breathalyser. Any risks are offset by the consequences of any incident or accidents caused by personnel that have excess alcohol whilst engaged in work activities or driving. 

The key risks :

·        Statutory non compliance

·        Risk of serious accidents/fatalities

·        Legal action taken against the Council (both criminal & civil)

·        Reputational damage to Council

Community Impact Assessment

A Community Impact Assessment is not applicable as the drink/drive used for the purposes of this policy are set out in legislation and do not discriminate between individuals, culture, gender, disability or age etc. This policy relates to employees only.

It is proposed this policy applies to all staff across the Council. This addresses concerns from the unions that operational staff at the depot could be targeted unfairly as many of the depot staff drive or operate machinery.

Health And Safety Implications

None. Implementation of the policy will enable DBC to demonstrate they are complying with Health & Safety requirements and best practice.

Corporate Objectives

Resources and Value For Money;

Optimise Resources and Implement Best Practice.

Advice

The Portfolio Holder for Environmental, Sustainability & Regulatory Services introduced the report and explained that currently there were no objective methods of testing, so this policy would change that. It was highlighted that the Union fully supported the proposals. The Portfolio Holder stressed that this policy would cover all staff regardless of grade, department or role.

The process would involve two stages for testing and could be carried out if there was suspicion that a member of staff was drunk, following an accident or as part of random testing. Environmental Health staff would carry out the initial test and then if one was positive it would be passed to external testers.

The Group Manager for People added that as part of the initial random testing, fifty names would be selected from a staff database, which would be reviewed to ensure the process remained fair and consistent across the organisation.

Consultation took place with:

• Unions
• Cupid Green Health & Safety Group
• Health & Safety Committee

·        CMT

Voting

None.

That Cabinet approve -

1.               To replace the existing core funding arrangements for the Council’s Strategic Partner voluntary sector organisations with an outcome based commissioning model with effect from 2016/17.

2.               the proposed financial envelope of £619,000 and the revised distribution of those funds between the services from 1 April 2016 as set out in Appendix 2.

3.               the new groupings of services as set out in the Appendices.

4.               the contract duration of a minimum of three years with an option to extend for up to a further 24 months based on the performance of the contract.   

5.               the phased implementation timetable as set out in Appendix 3.

6.               the service outcomes for the Advice, Information and Advocacy Service as set out in Appendix 1a.

7.               To give delegated authority to the Portfolio Holder for Residents and Corporate Services to make all future decisions relating to the commissioning of voluntary sector services in 2016/17.  This will include decisions on the service outcomes (except for the Advice, Information and Advocacy Service), any variations or amendments to the tendering timescales and contract awards.

That Cabinet approve -

1.               To replace the existing core funding arrangements for the Council’s Strategic Partner voluntary sector organisations with an outcome based commissioning model with effect from 2016/17.

2.               the proposed financial envelope of £619,000 and the revised distribution of those funds between the services from 1 April 2016 as set out in Appendix 2.

3.               the new groupings of services as set out in the Appendices.

4.               the contract duration of a minimum of three years with an option to extend for up to a further 24 months based on the performance of the contract.   

5.               the phased implementation timetable as set out in Appendix 3.

6.               the service outcomes for the Advice, Information and Advocacy Service as set out in Appendix 1a.

7.               To give delegated authority to the Portfolio Holder for Residents and Corporate Services to make all future decisions relating to the commissioning of voluntary sector services in 2016/17.  This will include decisions on the service outcomes (except for the Advice, Information and Advocacy Service), any variations or amendments to the tendering timescales and contract awards.

Reason for Decision

To seek the agreement of Cabinet for the introduction of a commissioning approach to the funding of the Council’s voluntary sector Strategic Partners with effect from 2016/17 and to seek delegated authority for the Portfolio Holder for Residents and Corporate Services to make various decisions for the implementation of the commissioning process.

Financial

The overall cost to the Council for these services, which is committed until 31 March 2016 is £813,800 per annum.

£753,800 from the General fund (£627,550 per annum in grant funding , £105,500 in reduced income from full market rent and £20,750 in reduced business rates) and £60,000 from the Housing Revenue Account (HRA).

Risk Implications

Some of the Strategic Partners may not be ready for the commissioning process but this has been mitigated by the holding of workshops, the consultation process and the phasing of the tendering exercise throughout 2016/17 to enable more preparation time.

Some of the current Strategic Partners may not be commissioned to carry out the new services and therefore may not be able to continue to operate.

Equalities Implications

Equality Impact Assessment carried out on 2 October 2015

Health And Safety Implications

None identified.

Corporate Objectives

1.          Community Capacity: enabling self-help and volunteering to build communities.

2.          Regeneration: developing skills and aspirations of local people.

3.          Dacorum Delivers: developing more effective ways of delivering services which meet customer expectations.

Advice

The Portfolio Holder for Residents & Corporate Services introduced the report and explained that it had been discussed by CMT, Cabinet colleagues and two Overview and Scrutiny Committees (OSC), who raised some concerns around funding and lack of provision for residents.

The Assistant Director for the Chief Executives Unit explained that the Housing and Community Overview & Scrutiny committee raised a number of concerns, including, wanting reassurance there would be full consultation with the voluntary sector, ensuring the outcomes remained flexible and broad based, seeking confirmation of the tendering  ...  view the full minutes text for item CA/9/15

1.                To approve the establishment of an Apprenticeship Scheme for 2016; and,

2.               That Council be recommended to approve the release of £41,522 from the Management of Change reserve in order to deliver the scheme.

1.                To approve the establishment of an Apprenticeship Scheme for 2016; and,

2.               That Council be recommended to approve the release of £41,522 from the Management of Change reserve in order to deliver the scheme.

Reason for Decision

To recommend to Cabinet the establishment of a new Apprenticeship Scheme Framework to support the Council’s workforce development needs and contribute to the economic regeneration of Dacorum.

Implications

Financial

The cost of establishing this scheme from January 2016 is £41,522 which will create two apprenticeship opportunities at Dacorum.

Value for Money

There will be a competitive salary package and development plan in place to ensure staff are supported and productive.

Risk Implications

If the Council decided not implement this programme the following risks have been identified:

·        Risk of increasing skill gaps for the local area, which would impact on the local economy.

·        Reduced employment opportunities for people in the local community.

·        Not supporting the delivery of economic well being in the local community.

·        Workforce issues will remain in some services

Community Impact Assessment

A Community Impact Assessment has been completed

Health And Safety Implications

All posts would be supported by the Council’s Health and Safety policies.

Corporate Objectives

Regeneration and Economy

Working with those offering skills, training and apprenticeships needed for local jobs.

Advice

The Portfolio Holder for Residents & Corporate Services reported that in May 2012, Cabinet agreed to support and fund an Apprenticeships Scheme Framework, to support and enable the employment of local people, and contribute to the economic regeneration of Dacorum. 

The council had supported 19 apprentices since 2012 and a quarter of those had found employment with Dacorum Borough Council.

The Portfolio Holder for Finance and Resources felt this was a very worthwhile scheme and fully supported the recommendations.

The Leader of the Council asked when the apprentices would be with the council.

The Team Leader for Human Resources explained that the process would begin as soon as possible with the aim for them to start in January 2016.

The Portfolio Holder for Planning and Regeneration asked if they had looked at specific areas for their employment.

The Team Leader for Human Resources said they would look at areas where it was difficult to recruit to.

Consultation

Consultation took place with:

·       Cllr Neil Harden

·       Assistant Director – Chief Executive’s Unit

·       Corporate Management Team – workforce planning paper

Voting

None.

1.               That Cabinet approve a drawdown of £50K from the Homelessness Prevention Fund to fund the initiatives set out in Section 2 of this report.

2.               That Cabinet also approve a drawdown of £45k from the Homelessness Prevention Fund to fund two posts in the team (Private Sector Housing Partnership Officer and Lead Officer Private Sector Housing) plus training for officers, in order to ensure that the Council has the resources needed to carry out the initiatives set out in Section 2 of this report.

1.               That Cabinet approve a drawdown of £50K from the Homelessness Prevention Fund to fund the initiatives set out in Section 2 of this report.

2.               That Cabinet also approve a drawdown of £45k from the Homelessness Prevention Fund to fund two posts in the team (Private Sector Housing Partnership Officer and Lead Officer Private Sector Housing) plus training for officers, in order to ensure that the Council has the resources needed to carry out the initiatives set out in Section 2 of this report.

Reason for Decision

To set out a proposal to Cabinet for the drawdown of funds, from grants made to the Council as ‘Homelessness Prevention Funds’, to be used by the Council’s Strategic Housing Service to fund homelessness prevention initiatives.

Implications

Financial

The Strategic Housing Service is proposing a drawdown of £50,000 from the ‘Homelessness Prevention Fund’, which is government grant ring-fenced to be spent on schemes to prevent homelessness.

The £50,000 is the total remaining grant not already committed to spend by the service.  The grants making up this pot are not automatically re-occurring, and therefore unless the Council receives further grants, continuation of these schemes would have to be reviewed in terms of value for money and savings achieved. 

Value for Money

The Council’s Housing Advice and Options team provide advice and options to prevent homelessness in situations where the current home is no longer appropriate.  Where possible (but only where the home is safe), officers will first seek to prevent homelessness by stabilising a household’s current accommodation through mediation with family or a private landlord.

The Council’s private rented sector deposit guarantee scheme ‘Help to Rent’ is the main homelessness prevention scheme available to officers trying to prevent homelessness in situations where the current home is no longer appropriate. 

A household that becomes homeless carries a significant cost to the Council in terms of providing a temporary accommodation placement and managing the licence, investigating the homelessness case, providing welfare and support, and the clearance and void maintenance costs after move-on.   

The private rented sector is very strong in Dacorum and landlords are able to set high market rents that out-price most prospective tenants on low incomes and/or in receipt of benefits. 

Termination of an ‘Assured Shorthold Tenancy’ (AST, the standard form of tenancy used in the private sector) is increasing and is now the main reason for homeless presentations to the Council.  In 2009 and 2015 this reason for homelessness accounted for 11% and 50% respectively of all homeless duties awarded by the Council.

Prevention of homelessness is value for money and the Strategic Housing Service is proposing to allocate funds as follows:

·        £10,000 for a cash incentive scheme to attract landlords to work in partnership with the Council’s Help to Rent scheme.

·        £30,000 to be available to officers for rent in advance/bridging deposit payments;

·        £5,000 to pay for travel arrangements; and

·        £5,000 to cover other emergency provision.

Risk Implications

Rogue private landlords

The Council is aware that among the many good landlords  ...  view the full minutes text for item CA/11/15

1.               That the action taken to deliver the Town Centre Strategy as detailed in the Cabinet report be noted.

2.               The approach to future Town Centre Management post March 2016 be agreed

3.               The draft Pavement Strategy for outdoor trading as set out in the Cabinet report be agreed

1.               That the action taken to deliver the Town Centre Strategy as detailed in the Cabinet report be noted.

2.               The approach to future Town Centre Management post March 2016 be agreed

3.               The draft Pavement Strategy for outdoor trading as set out in the Cabinet report be agreed

Reason for Decision

To update Cabinet on the work that has been undertaken on the Town Centre Strategy since it was adopted in October 2014, approve the approach to be taken to the management of the town centre post March 2016 and to approve draft pavement strategy.

Implications

Financial

Two members of staff were revenue funded for a two year period over 2014-2016. In this time it was investigated as to how town centre management could be funded externally through the form of a BID (Business Improvement District).  This is a lengthy process, and whilst steps are being taken to seek a BID for the town centre, Officers have investigated potential additional sources of revenue income. This report highlights a ‘Pavement Strategy’ to achieve income through consents for street trading. It is estimated that the net impact of these will generate around £38,000 of additional revenue generated.

Value for Money

This project has enhanced both how we use and maintain assets within the town centre by either prolonging the life of the assets though improved maintenance or by bringing in additional income by making better use of the assets. There have also been more events held, bringing in large numbers of people and significant increases in trade on the days of the events.

Risk Implications

With the additional funding for the town centre soon to be finished certain services/activities will have to be resourced if they are wanted to continue or will have to cease from happening.

Equalities Implications

None identified.

Health And Safety Implications

None identified.

Corporate Objectives

The regeneration of Hemel Hempstead Town Centre forms a key part of the “Regeneration” & “Dacorum Delivers” corporate objectives.

The Town Centre Strategy details the plans for the town centre until 2017.  It delivers the potential to maintain and grow the economy of the town centre by enabling opportunities to come forward, attracting new inward investment, continuing and enhancing business support services and looking to maximise the financial contributions of council assets within the town centre.

Advice

The Portfolio Holder for Planning and Regeneration thanked the team for the excellent report. He explained that regeneration in the town was now well underway. The Clean, Safe and Green teams were involved with the town and market management. He added that part of the report focussed on the pavement strategy and monitoring businesses conducting trade on the pavements. If this was adopted it would bring in more revenue to the borough. He felt this was a strong, robust policy which he was happy to recommend to Cabinet.

The Assistant Director for Planning, Development & Regeneration noted that resources are in place to continue working on the action plan set out in the Town Centre Strategy until  ...  view the full minutes text for item CA/12/15

1.               That issues arising from comments received to the draft master plans and the impact of new advice be noted;

2.               That the responses set out in Table 3 of the Consultation Report for the draft master plans and the proposed changes arising, as shown in the track change master plans attached to this report, are agreed;

3.               That authority is delegated to the Assistant Director (Planning, Development and Regeneration), in consultation with the Portfolio Holder for Planning and Regeneration, to approve any further wording changes to the draft master plans prior to submission.

1.               That issues arising from comments received to the draft master plans and the impact of new advice be noted;

2.               That the responses set out in Table 3 of the Consultation Report for the draft master plans and the proposed changes arising, as shown in the track change master plans attached to this report, are agreed;

3.               That authority is delegated to the Assistant Director (Planning, Development and Regeneration), in consultation with the Portfolio Holder for Planning and Regeneration, to approve any further wording changes to the draft master plans prior to submission.

Reason for Decision

1.     Consider the issues raised through consultation on the draft master plans in late 2014;

2.     Agree changes proposed to draft master plans arising from the consultation; and

3.     Agree the process for submitting the draft master plans as supporting documents to the Site Allocations DPD when it is submitted to the Planning Inspectorate.

Implications

Financial

Having adopted master plans for the development of the Local Allocations will help reduce the incidence of planning appeals (and hence costs associated with these).  It will be the most effective way of ensuring the planning application stage is smooth, and will speed up the decision making process.  It will also ensure optimum level of developer contributions to infrastructure and in mitigation of development impacts can be achieved. 

Value for money

Where possible, technical work that supports the master plans has been undertaken by landowners to ensure value for money.  The costs associated with the preparation of the master plans have also been shared where possible.

Legal

Although the master plans do not form part of the Site Allocations DPD, they are Supplementary Planning Guidance (SPGs) that will support delivery of key policies within this DPD.  Attwaters Jameson and Hill Solicitors have been retained to provide external legal support for the Site Allocations.  The same advisers acted for the Council through the Core Strategy Examination process and subsequent (unsuccessful) legal challenge to this document.   They will support the Council’s own legal team by providing any advice required regarding the implication of new Government advice; assist with responding to key representations; advise on the production of any additional evidence and support Officers through the Site Allocations Examination process, where the master plans will be considered as supporting documents. 

Staff

Joint working with land owners to develop the master plans has reduced the burden on the Strategic Planning and Regeneration team.  Going forward, at the planning application stage, having adopted master plans, agreed by land owners, will similarly assist the development management team.

Land

The Local Allocations support delivery of the Council’s adopted Core Strategy which will play an important role in decisions regarding future land uses within the Borough. 

Risk Implications

The master plans have been developed in conjunction with land owners and have been subject to public consultation, which reduces the risk of lengthy delays at the planning application stage.

Equalities Implications

An Equality Impact Assessment has been carried out for the Core Strategy.  Equalities issues are  ...  view the full minutes text for item CA/13/15

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 items in Part II of the Agenda for this meeting, because it was 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 or business affairs of any particular person (including the authority holding that information).  Minute CA/094/15 and CA/095/15.

Local Government Finance Act 1972, Part VA, Schedule 12A. 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 items in Part II of the Agenda for this meeting, because it was 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 or business affairs of any particular person (including the authority holding that information).  Minute CA/094/15 and CA/095/15.

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

Please see supplementary report to follow

Full details in Part 2 Decision Sheet

Full details in Part 2 Minutes

Full details in Part 2 Decision Sheet

Full details in Part 2 Minutes

Full details in Part 2 Decision Sheet

Full details in Part 2 Minutes