Agenda, decisions and minutes

To confirm the minutes of the meeting held on 13 December 2016 (circulated separately to Cabinet members).

The minutes of the meeting held on 13 December 2016 were agreed by the members present and signed by the Chairman.

The minutes of the meeting held on 13 December 2016 were agreed by the members present and signed by the Chairman.

To receive any apologies for absence.

An apology was received on behalf of Councillor Griffiths.

An apology 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]

None received

None received

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 were no referrals to Cabinet

None received

None received

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

March 2017:

• Add Water Charges Litigation (Part 2)
• Add Enterprise Zone update
• ‘Jarman Park’ to be amended to be a Part 2 report and move to March.

.

• Add Longdean Athletic Track – Approval of Design to future items

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

March 2017:

• Add Water Charges Litigation (Part 2)
• Add Enterprise Zone update
• ‘Jarman Park’ to be amended to be a Part 2 report and move to March.

.

• Add Longdean Athletic Track – Approval of Design to future items

Resolved to Recommend:

(1)   the Draft Byelaw to Council as attached as Appendix A of the Cabinet report for the Parks and Open Spaces in the Borough listed in paragraph 11 of the report and further draft byelaws to be drafted for consideration and consultation to prevent the feeding of wildfowl and wild animals, and permit model powered boats where appropriate.

(2)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Portfolio Holder for Environmental, Sustainability and Regulatory Services to carry out the required impact assessment, consultation, agree the ‘scheme’ noted under paragraph 7 of the Cabinet report and submit the application to the Department of Communities and Local Government.

(3)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to determine which areas within the Parks and Open Spaces listed in paragraph 11 of the Cabinet report shall be permitted or designated for relevant activities

(4)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to authorise officers to issue fixed notices and/or commence prosecution proceedings to enforce breaches of the Byelaws.

(5)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Assistant Director (Finance and Resources) to agree fee levels for any chargeable activity permissible by the Byelaws.

(6)   the revocation of the byelaws listed in paragraph 13 of the Cabinet report.

Decision

Resolved to Recommend:

(1)   the Draft Byelaw to Council as attached as Appendix A of the Cabinet report for the Parks and Open Spaces in the Borough listed in paragraph 11 of the report and further draft byelaws to be drafted for consideration and consultation to prevent the feeding of wildfowl and wild animals, and permit model powered boats where appropriate.

(2)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Portfolio Holder for Environmental, Sustainability and Regulatory Services to carry out the required impact assessment, consultation, agree the ‘scheme’ noted under paragraph 7 of the Cabinet report and submit the application to the Department of Communities and Local Government.

(3)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to determine which areas within the Parks and Open Spaces listed in paragraph 11 of the Cabinet report shall be permitted or designated for relevant activities

(4)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to authorise officers to issue fixed notices and/or commence prosecution proceedings to enforce breaches of the Byelaws.

(5)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Assistant Director (Finance and Resources) to agree fee levels for any chargeable activity permissible by the Byelaws.

(6)   the revocation of the byelaws listed in paragraph 13 of the Cabinet report.

Reason for Decision

To consider new byelaws for selected parks and open spaces within the Borough and detail the steps required for them to be approved by the Secretary of State.

Community Impact Assessment

A Community Impact Assessment will be carried out as part of the Scheme noted in paragraph 7 of the report.

Corporate Objectives

The Byelaws will help promote a Clean, Safe and Enjoyable Environment

Monitoring Officer/S.151 Officer Comments

Monitoring Officer

The draft byelaw, and the process by which the Council is seeking to bring it into force, is in accordance with The Byelaws (Alternative Procedure) (England) Regulations 2016 and sections 235-238 of the Local Government Act 1972 (as amended).

There must be a full assessment of the impact on those persons affected by the proposed byelaw, and the council from a regulatory perspective, before the byelaw is submitted to the Secretary of State and this should include appropriate consultation.

Deputy S151 Officer

Any costs incurred will need to be contained within existing budgets. Any additional income generated will need to be factored into the budget setting framework once it can be known with a degree of certainty.

Advice

Councillor Marshall introduced the report she explained that byelaws for the Council’s Parks & Open Spaces had been drawn up to deal with unacceptable behaviour which could damage the open space &/or spoil other users’ enjoyment and where the issue is not addressed through current legislation. 

The Byelaws are intended to be in DBC’s “back pocket”, to use when unsuitable or unreasonable behaviour does not cease despite requests to do so. The byelaws are an instrument of last resort, not first resort.

DBC has some old byelaws,  ...  view the full minutes text for item CA/7/17

Resolved to Recommend:

1.       to adopt the Pay Policy for 2017/18 as set out in appendix 1 to this report.

2.       any amendments to the Pay Policy throughout the financial year 2017/2018 which are required as a result of legislative changes can be approved by the Chief Executive in conjunction with the Council’s Monitoring Officer.

Decision

Resolved to Recommend:

1.       to adopt the Pay Policy for 2017/18 as set out in appendix 1 to this report.

2.     any amendments to the Pay Policy throughout the financial year 2017/2018 which are required as a result of legislative changes can be approved by the Chief Executive in conjunction with the Council’s Monitoring Officer.

Reason for Decision

To set the Council’s pay policy for the financial year 2017/18, as required by Section 38 of the Localism Act 2011.

Corporate Objectives

The Council’s policies in respect of pay and terms and conditions support all five of the Council’s strategic objectives as part of ensuring that services to the community can be delivered to the required standards and with due regard to economy, efficiency and effectiveness.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:

The Senior Officer Pay Policy is required by virtue of section 38 of the Localism Act 2011 and this Pay Policy complies with the statutory requirement and associated guidance.

Deputy S.151 Officer:

There are no budgetary pressures arising from the decisions in this report.  Any amendments if required under recommendation 2 will need to be met from within existing approved budgets.

Advice

Councillor Harden explained that Section 38 of the Localism Act 2011 (‘The Act’) requires local authorities in England to prepare, approve and publish a pay policy statement. The statement must detail the authority’s own policies towards a range of issues relating to the pay of its workforce, particularly its senior staff (‘Chief Officers’, as defined in the Act) and its lowest paid employees.  The pay policy statement must be prepared for each financial year.

R Smyth added that job titles have been amended and a few minor tweaks made.

Councillor Marshall asked what scope the council had in making tweaks to the pay policy and was what the council did part of the national agreement.

M Rawdon said that there were a few minor exceptions, such as for sick pay, however in the main it follows the national agreement.

Voting

None.

1.     the contents of the  Corporate Peer Challenge Feedback Report be noted

2.     the publication of the Local Government Association Corporate Peer Challenge report for the Council be approved. 

Decision

1.     the contents of the  Corporate Peer Challenge Feedback Report be noted

2.the publication of the Local Government Association Corporate Peer Challenge report for the Council be approved. 

Reason for Decision

For Cabinet to approve the publication of the Local Government Association Corporate Peer Challenge report for the Council. 

Corporate Objectives

The Corporate Peer Challenge is an opportunity for the Council to reflect on the services it delivers, how it works and the relationship it has with Members, residents and its wider stakeholder base.

Therefore, the findings and recommendations from the report will support the Council to better deliver all of its corporate objectives.  

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:

The Peer Challenge feedback did not identify any areas of concern from a Monitoring Officer perspective.  It did, however, highlight areas for continued development which will need to be progressed as identified in the report.

Deputy S.151 Officer

There are no direct financial implications of this decision and the report highlights the good financial management arrangements and leadership in place.

Any proposals put forward to address the recommendations will need to be either met from within existing approved budgets or will require growth bids for inclusion in the usual budget setting process.

Advice

Councillor Williams explained that it was a requirement of the challenge to report back to Cabinet.

Voting

None.

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 tothe financial and business affairs of the Council and third party

companies/organisations. (Minute CA/011/17, CA/012/17)

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 tothe financial and business affairs of the Council and third party

companies/organisations. (Minute CA/011/17, CA/012/17)

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

Full details in Part 2 Decision Sheet

Full details in Part 2 Decision Sheet