Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on 26 April 2016

The minutes of the meeting held on 26 April 2016 were agreed by the members present and signed by the Chairman.

The minutes of the meeting held on 26 April 2016 were agreed by the members present and signed by the Chairman.

To receive any apologies for absence.

None received

None received

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:

1.    Hemel Hempstead Town Centre Parking Access & Movement Strategy – Move to September meeting

2.    Add to September – Impact of Housing and Planning Act

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

1.    Hemel Hempstead Town Centre Parking Access & Movement Strategy – Move to September meeting

2.    Add to September – Impact of Housing and Planning Act

That the Virements as detailed on the attached Form A to the Cabinet report be approved.

Decision

That the Virements as detailed on the attached Form A to the Cabinet report be approved.

Reason for Decision

To seek Cabinet approval to proposed virements.

Implications

Financial

The Scheme of Virements is part of the Council’s financial management.

Risk Management

There are no risk implications.

Corporate Objectives

To standardise documentation and authorisation requirements for all virements.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

No further comments to add to the report.

Deputy S.151 Officer:

This is a Section 151 Officer report.

Advice

The Portfolio Holder for Finance and Resources noted that this was a self-explanatory report and there was nothing further to add.

Voting

None.

1.    The provisional outturn position for each of the accounts detailed be approved.

2.    That the Audit committee be recommended to approve the reserve movements outlined in Section 9 of the Cabinet report.

Decision

1.     The provisional outturn position for each of the accounts detailed be approved

2.     That the Audit committee be recommended to approve the reserve movements outlined in Section 9 of the Cabinet report.

Reason for Decision

To provide details of the provisional outturn position for the:

· General Fund

· Housing Revenue Account

· Capital Programme

To provide details of the proposed transfers to and from earmarked reserves.

Implications

Financial and Value for Money implications are included within the body of the report.

Risk Implications

Risk implications are included within the body of the report.

Equalities Implications

There are no equality implications.

Health & Safety Implications

There are no health and safety implications

Corporate Objectives

Delivering an efficient and modern council.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer  

 No further comments to add.

S.151 Officer

This is a Section 151 Officer report.

Advice

The Portfolio Holder for Finance & Resources highlighted that recommendation two should be amended to recommend to the Audit Committee rather than Full Council. He added that he expected to have signed off the accounts by the year end.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services referred to the HRA major variances and asked what the slippage was for line 198 which related to the scheme at London Road Apsley.

The Corporate Director for Housing & Regeneration explained that the design and build contract did require changes as the development takes shape. He added that it was common to have to alter the requirements and therefore causing delay.

The Portfolio Holder for Housing added that the redesign was required due to the height required in the living areas.

Voting

None.

1. The procurement of specialist technical advice to progress work on the creation of a Development Company be approved;
2. The primary objectives of the Development Company, as detailed in paragraph 7 of the Cabinet report be approved and,
3. The development sites identified in paragraph 12 to form the initial pipeline for the Development Company be approved,

Resolved to Recommend:

4.     A draw down of £100k from the Invest to Save reserve, in order to fund the procurement of advice associated with the creation of a Development Company and further associated costs.

Decision

1. The procurement of specialist technical advice to progress work on the creation of a Development Company be approved;
2. The primary objectives of the Development Company, as detailed in paragraph 7 of the Cabinet report be approved and,
3. The development sites identified in paragraph 12 to form the initial pipeline for the Development Company be approved,

Resolved to Recommend:

4.     A draw down of £100k from the Invest to Save reserve, in order to fund the procurement of advice associated with the creation of a Development Company and further associated costs.

Reason for Decision

To gain Cabinet approval for the overarching principles of a Council-owned Development Company, ahead of procuring specialist, technical advice.

Implications

Financial

The financial implications are included within the body of the report.

Value for Money

The procurement exercise will be governed by the Council’s Procurement Standing Orders, deigned to ensure fair competition and maximise value for money.

Risk Implications

There are limited risks associated with the recommended procurement at this stage of the project. The risks inherent with the actual creation of a company will be reported back to Cabinet to consider later in the year, before the next steps are taken.

Health & Safety Implications

None.

Corporate Objectives

This project aligns with all of the Council’s corporate objectives, as approved by Council in February 2016.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The Council has the power to establish a Development Company pursuant to provisions contained in the Local Government Act 1972, Local Government Act 2003 and the Localism Act 2011.

As highlighted in the report, detailed legal advice will be obtained in relation to the governance arrangements which will operate between the Council and the Development Company, the applicability of ‘State Aid’ rules (EU rules in place to prevent members states distorting cross boundary competition), and the Council’s requirement to achieve ‘best consideration’ for any disposal/transfer of land to the Development Company.

Comprehensive advice on all of the above issues will be provided in future reports to Cabinet in due course.

S.151 Officer

This is a Section 151 Officer report.

Advice

The Portfolio Holder for Finance & Resources explained that the purpose of the report was to seek approval for a development company to provide and secure investment income for the future. The report had suggested a budget of £100k and this was to ensure no risks were taken with potentially having a short fall and having to return to Cabinet with a further budget request.

The Portfolio Holder for Residents & Corporate Services asked what the differences were between what the council currently did and how this would change.

The Corporate Director of Finance & Operations explained that currently this was affecting the Housing Revenue Account (HRA), however in the future the hope would be to maximise revenue income to support the provision of General Fund services. Furthermore, currently developments were subject to right to buy and therefore not guaranteed long term income. The development company proposal would help ensure long term viable income. He highlighted the importance  ...  view the full minutes text for item CA/53/15

Resolved to Recommend:

1. the changes to the Constitution as set out in paragraphs 9, 10, 14, 16 and 21 of the Cabinet report

2.     the changes to the Financial Regulations as set out in paragraphs 22 and 26 of the Cabinet report

Decision

Resolved to Recommend:

1. the changes to the Constitution as set out in paragraphs 9, 10, 14, 16 and 21 of the Cabinet report
2. the changes to the Financial Regulations as set out in paragraphs 22 and 26 of the Cabinet report

Reason for Decision

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

Implications

Financial

There are no financial implications arising from this report

Value for Money

There are no implications arising from this report.

Failure to have an up to date and accurate Constitution could lead to legal challenge and operational, reputational and financial costs may follow if the challenge was successful.

Community Impact Assessment

There are no community impacts which require assessing resulting from this report.

Health & Safety Implications

There are no Health and Safety implications connected to this report.

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 further comments to add to the report.

Advice

The leader of the Council explained that this was a simple report bringing everything together following the recent structure changes.

The Solicitor to the Council and Monitoring Officer explained that there would be regular reports to Cabinet in the future in order to reflect ongoing changes.

The Leader of the Council felt it would be good to see it regularly.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services asked if Members would see the amendments before the Constitution is published.

The Solicitor to the Council and Monitoring Officer said there would be a thorough review of the Constitution and the amendments would be published in full. The report highlighted the key principles of the changes.

He noted that a copy of the changes could be circulated to the members of Cabinet before publication.

The existing version on the council’s website and on Modern Gov will be replaced.

Voting

None.