Agenda item - Cabinet referrals

To consider the following referrals from Cabinet:

7.1 CA/007/17 24 January 2017 Byelaws for selected parks and open spaces within Dacorum.

7.2 CA/008/17 24 January 2017 Senior Officer Pay Policy

That the following be approved:

24 January 2017

7.1 CA/007/17 BYELAWS FOR SELECTED PARKS AND OPEN SPACES WITHIN DACORUM

Decision

(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.

7.2 CA/008/17 SENIOR OFFICER PAY POLICY

Decision

1. That the Pay Policy for 2017/18 as set out in appendix 1 to the report be adopted

14 February 2017

CA/020/17 HOUSING REVENUE ACCOUNT BUSINESS PLAN ANNUAL REVIEW 2016/17

Decision

1. That the updated Housing Revenue Account Business Plan be approved

2. That the revised development programme budgets as set out in Section 6.3 of the Cabinet report and the budget for the Martindale Development in Appendix 2, in part II of the Cabinet report be approved

CA/021/17 BUDGET 2017/18 AND COUNCIL TAX DECLARATION

That the following be approved

Decision

General Fund Revenue Estimate

a) a Dacorum Borough Council General Fund Council Tax requirement of £10.709m, and of £11.448m for the combined Borough Council and Parish Councils’ requirement for 2017/18;

b) an increase of 2.71% in Council Tax for Dacorum Borough Council;

c) the base estimates for 2017/18, as shown in Appendix A1, and the indicative budget forecasts for 2017/18 – 2020/21, as shown in Appendix A2;

d) the forecast balances of Revenue Reserves as shown in Appendix J, and approve paragraphs 10-20 of this report as the updated Reserves Strategy;

e) increases in Fees and Charges for 2017/18 as set out in Appendices C3, D3, and E3;

f) the Treasury Management Strategy for 2017/18, attached at Appendix K;

g) the Treasury Management Principles and Practices for 2017/18, attached at Appendix L;

h) that this budget paper will form part of the Medium Term Financial Strategy.

Capital Programme

i) the revised Capital Programme for 2016/17, and for 2017/18 to 2021/22, as detailed in Appendix I;

j) the financing proposals in Appendix I subject to an annual review of the financing options by the Corporate Director (Finance & Operations), in consultation with the Portfolio Holder for Finance and Resources, during the preparation of the Statement of Accounts.

Housing Revenue Account (HRA)

k) reduce dwelling rents by 1% in accordance with government legislation, resulting in an average rent of £104.17 per week (based on 52 weeks);

l) the HRA estimate for 2017/18 as shown in Appendix F.

Terms & Conditions

m) the continued application of a living wage supplement for all affected employees, in accordance with the rates of the Living Wage Foundation, for 2017/18 (to be reviewed annually thereafter).

Statement by Chief Finance Officer

n) the statement by the Chief Finance Officer regarding the robustness of the budget estimates and level of reserves as set out in Appendix M.

Resolved:

1) It be noted that the Cabinet, at its meeting on 13 December 2016, calculated the following amounts for the year 2017/18 in accordance with regulations made under Section 31B (3) of the Local Government Finance Act 1992 (as amended), as inserted by Section 74 of the Localism Act 2011:-

(a) 56,415.4 being the figure calculated by the Council in accordance with regulation 3 of The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 as its Council Tax base for the year;

(b) the amounts in Table 1 of this report (Tax Base for each part of the Council’s area to which one or more special items relate) being the amounts calculated by the Cabinet in accordance with regulation 6 The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 as the amounts of its Council Tax base for the year for dwellings in such parts;

2) the following amounts be now calculated by the Council for the year 2017/18 in accordance with Sections 31A and 31B and Sections 34 and 36 of the Local Government Finance Act 1992 (as amended) (referred to as “the Act”):

(a) £145,094,234.20 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (2) of the Act, taking account of all precepts;

(b) £133,645,925.00 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the Act, including the aggregate of the sums which the Council estimates will be payable for the year into its General Fund in respect of redistributed Non-Domestic Rates and Revenue Support Grant ;

(c) £11,448,309.20 being the amount by which the aggregate at 2)(a) above exceeds the aggregate at 2)(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year;

(d) £202.93 being the amount at 2)(c) above, divided by 1)(a) above, calculated by the Council in accordance with Section 31B (1) of the Act as the basic amount of its Council Tax for the year;

(e) £738,973.82 being the aggregate amount of all special items referred to in Section 34(1) of the Act;

(f) £189.83 being the amount at 2)(d) above, less the result given by dividing the amount at 2)(e) above by the amount at 1)(a) above, calculated by the Council, in accordance with Section 34(2) of the Act as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates;

(g) Part of the Council’s Area Band D

Equivalent

Combined

£

Hemel Hempstead 189.83

Aldbury 222.83

Berkhamsted 211.99

Bovingdon 217.55

Chipperfield 238.16

Flamstead 251.63

Flaunden 219.77

Great Gaddesden 209.14

Kings Langley 235.99

Little Gaddesden 215.44

Markyate 227.12

Nash Mills 212.83

Nettleden 215.15

Northchurch 201.43

Tring Rural 216.24

Tring Town 215.49

Wigginton 208.96

(Band D charge for Parish and District combined), being the amounts given by adding to the amount at 2)(f) above, the amounts of the special item or items relating to dwellings in those parts of the Council’s area mentioned above divided in each case by the amount at 1)(b) above, calculated by the Council in accordance with Section 34(3) of the Act, as the basic amounts of its Council Tax for the year for dwellings in parts of its area to which special items relate;

3) it be noted that for the year 2017/18 Hertfordshire County Council have stated the amounts in precepts issued to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each of the categories of dwellings as set out in table 3(a);

4) That it be noted that for the year 2016/17 the Hertfordshire Police and Crime Commissioner has proposed the amounts in precepts issued to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each of the categories of dwellings as set out in table 3(a);

5) That having calculated the aggregate in each case of the amounts at 2)(g), 3) and 4) above the Council in accordance with Section 30(2) of the Local Government Finance Act 1992, hereby set the amounts set out in Table 3b of the report as the amounts of Council Tax for the year 2017/18 for each part of the area and for each of the categories of dwellings shown;

6) It be noted that in setting the Council Tax for 2017/18 the Council is required to have taken account of the report of the Chief Financial Officer on the robustness of the budget.

CA/022/17 APPOINTMENT OF AUDITORS 2018 AND BEYOND

Decision

1. That the Council opting into the Public Sector Audit Appointment’s Sector Led Body for the appointment of the Council’s external auditors for the audit of the 2018/19 accounts and beyond be approved.

CA/023/17 REPORT BY THE INDEPENDENT REMUNERATION PANEL 2016 – MEMBERS ALLOWANCES FOR DACORUM BOROUGH COUNCIL

Decision

1. That the changes to the Members’ Allowances Scheme as recommended by the Independent Remuneration Panel in its report be approved

CABINET REFERRALS

The referrals from Cabinet on 24 January and 14 February 2017 were submitted. It was moved by Councillor Williams, duly seconded and

Resolved

That the following be approved:

24 January 2017

7.1 CA/007/17 BYELAWS FOR SELECTED PARKS AND OPEN SPACES WITHIN DACORUM

Councillor Ransley said she was concerned about the byelaws covering open areas intercepted by public footpaths and right of ways.
Councillor Marshall thanked Councillor Ransley for her comments. She said there was a phrase missing that is suggested by government as it does currently imply children cannot ride scooters. The slight amendment would add “if not causing danger and annoyance to others”. Councillor Marshall said the more eyes that read the document, the more helpful it is and was happy to hear any suggested amendments.

Decision

(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.

7.2 CA/008/17 SENIOR OFFICER PAY POLICY

1. That the Pay Policy for 2017/18 as set out in appendix 1 to the report be adopted

14 February 2017

7.3 CA/020/17 HOUSING REVENUE ACCOUNT BUSINESS PLAN ANNUAL REVIEW 2016/17

1. That the updated Housing Revenue Account Business Plan be approved

2. That the revised development programme budgets as set out in Section 6.3 of the Cabinet report and the budget for the Martindale Development in Appendix 2, in part II of the Cabinet report be approved

7.4 CA/021/17 BUDGET 2017/18

Councillor Elliot introduced the report and moved the motion to debate.

Councillor Tindall said the opposition will not be proposing an alternative budget. He congratulated officers on producing a balanced budget despite pressures from central government. Councillor Tindall said he was concerned about business rates and the impact that could have on local businesses in the town. The Right to Buy policy meant less social housing for those in need. There are 10,000 people on the list and the Right to Buy has gone from 20 houses to 100 houses sold this year and only 30% of this money is returned to the Council – the government receives 70% of it. Essentially, the government is being paid twice as the council already pay them for the stock.

Councillor England said he would like to pick up a point that he raised at scrutiny. He said the council doesn’t seem to be responding to the increasing problem of parking in the borough through the verge hardening programme.

Councillor C Wyatt-Lowe thanked officers for delivering a balanced budget. The council continues to invest in housing and communities with innovative and prudent financial policy and through listening to residents. Central government could take a few lessons from Dacorum Borough Council.

Councillor Harden said he was pleased by how succinct and open the Portfolio Holder was in his budget introduction. The Liberal Democrats did not have a go at the Council and had no complaints so would take that as an endorsement of the council.

Councillor Taylor said as the Chairman of Audit Committee and a member of Finance and Resources, he is well aware of the time and effort taken into producing a tight budget months before the members see it so verge hardening must be put into perspective. Councillor Taylor said he commends the report to councillors.

Councillor Marshall argued that the sale of houses demonstrates the prosperity of residents which has been made possible by the Conservative government.

Councillor Anderson said he found it difficult for this council to take criticism on verge hardening as it was created and then doubled. He said he supported the budget and the efforts by officers.

Councillor Mahmood said he worked in the private sector and had been a councillor for 9 years. He has always been impressed with the council’s financial running and supports the budget.

Councillor Griffiths made a statement on the Housing Revenue Account:
The budget for Dwelling Rents reflects the 1& reduction in social rents announced by the government in July 2015 (reduction of £550k). The budgeted average dwelling rent is proposed to decrease from £104.80 per week in 2016/17 to £104.14 per week in 2017/18. A reduction of £500k has been made to account for an increased level of sales under the right to Buy policy. The 2017/18 budget also includes a correction of £115k to the Supported Housing budget, following a review of the changes implemented as part of the statutory reform to housing rents.
The budget for Tenant Service Charges reflects an increase of £235k as a result of the proposed de-pooling of rents and service charges. An increase in the number of Lifeline customers and a price review is also expected to generate an additional £39k.
The budget for Repairs and Maintenance has increased by £569K (5.3%) to reflect the Council’s asset management strategy of maintaining high quality housing stock that meets the locally determined “Dacorum Standard”. The increase allows for inflation, pressures identified during 2016/17 and an allowance for maintenance of new build properties. An additional £500k has been built into the budget for 2017/18 to allow for additional electrical testing to be undertaken on a cyclical basis following the publication of new testing guidelines
The budget for 2017/18 reflects inflationary increases across services. There is an increased recharge of £90k for Commercial Properties owned by the General Fund that are being used for HRA tenancies. An increase of £125k is due to the rise in Employer’s pension contribution from 16% to 18.5% following a review of the pension provision.
The provision for bad debts has been increased by £50k in line with prior year’s out-turn.
The remaining balance of £9m will contribute towards capital expenditure in line with the capital programme.

Councillor Williams echoed Councillor Tindall’s congratulations to officers. He was surprised that he didn’t want to give congratulations to the conservative council for delivering year on year. The budget is 15% lower of the budget in 1999 with barely any noticeable difference in front line services.
In relation to the Right to Buy, it is not correct that to say that government takes the money, the money received is kept within the borough. However, whether they are sold or not, they are still serving the purpose of housing.
Car ownership has been increasing over many years. This council made the decision to invest money into verge hardening. There needs to be a reasonable balance as resources are finite.
This is a balanced budget and the proposed Council Tax increase of just £5 to a Band D property is necessary. I commend this budget to the Council.

In line with standing orders, the names of the Members voting for and against the motion were recorded as follows:

Names of those voting

For: Adeleke, Adshead, Anderson, Banks, Mrs Bassadone, Bhinder, Birnie, Brown, Chapman, Clark, D Collins, E Collins, Douris, Elliot, Fantham, Guest, Mrs Griffiths, Harden, P Hearn, Hicks, Howard, Imarni, Maddern, Mahmood, Marshall, Matthews, Peter, Ritchie, Silwal, G Sutton, R Sutton, Taylor, Timmis, Williams, C Wyatt-Lowe, W Wyatt-Lowe (35)

Against: none

Abstained: Mclean (Mayor), England, Fisher, Link, Ransley, Tindall

The Mayor declared the motion to be carried

Decision

General Fund Revenue Estimate