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  • Agenda and minutes

    Cabinet - Thursday, 10th March, 2016 2.15 pm

    • Attendance details
    • Agenda frontsheet PDF 111 KB
    • Agenda reports pack PDF 5 MB
    • Printed minutes PDF 142 KB

    Venue: Phoenix House

    Contact: Sally Gabriel 

    Link: audio recording

    Items
    No. Item

    156.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Cllr R J Chesterton.

    157.

    Public Question Time

    To receive any questions relating to items on the Agenda from members of the public and replies thereto.

     

    Minutes:

    There were no questions from members of the public present.

    158.

    Minutes of the Previous Meeting (00-01-54) pdf icon PDF 267 KB

    To receive the minutes of the meeting of 11 February 2016.

    Minutes:

    The minutes of the previous meeting held on 11 February 2016 were approved as a true record and signed by the Chairman.

     

    159.

    Pay Policy (00-02-00) pdf icon PDF 104 KB

    • View the background to item 159.

    To receive a report of the Head of HR and Development complying with the legislative requirements of the Localism Act 2011 relating to senior pay, in particular the role of the Chief Executive and senior staff.   The Localism Act 2011 requires an annually published Pay Policy which has been adopted by full Council.

     

    Additional documents:

    • 2016 Pay policy , item 159. pdf icon PDF 356 KB

    Minutes:

    The Cabinet had before it a *report of the Head of HR and Development which set out the legislative requirements of the Localism Act 2011 relating to senior pay, in particular the role of the Chief Executive and senior staff.  The Localism Act 2011 required an annually published Pay Policy to be adopted by Full Council.

     

    She outlined the contents of the report explaining the pay multiple  which was calculated by comparing all taxable earnings for the given year (including base salary, variable pay, bonuses, allowances and the cash value of benefits in kind) for the Chief Executive compared to mean earnings and the lowest paid in the organisation.

     

    Consideration was given as to whether any proposed pay increase had been included within the figures supplied.

     

    RECOMMENDED that the Pay Policy for 2016 be adopted.

     

    (Proposed by the Chairman)

     

    Note:  *Report previously circulated, copy attached to minutes.

     

    160.

    Partnership Working in Building Control with North Devon (00-07-00) pdf icon PDF 135 KB

    • View the background to item 160.
    • View the decision for item 160.

    To receive a report of the Head of Planning and Regeneration informing Members of the business case for delivering the Building Control Service through a Partnership between Mid Devon and North Devon councils for the purpose of gaining approval to prepare for a formal Partnership Agreement.

     

    Additional documents:

    • Business Case-Building Control Partnership V2 , item 160. pdf icon PDF 905 KB

    Minutes:

    The Cabinet had before it a *report of the Head of Planning and Regeneration  informing Members of the business case for delivering the Building Control Service through a Partnership between Mid Devon and North Devon councils for the purpose of gaining approval to prepare for a formal Partnership Agreement.

     

    The Building Control Manager outlined the contents of the report stating that Building Control was a statutory service that operated in a highly competitive commercial environment and as such faced a range of challenges that threatened the viability of the service. Competitors had become established in the area with 31 different approved Inspectors operating in the Mid and North Devon area in 2014/15. As the market matured awareness of alternative providers was now wide spread with those procuring Building Control Services making an informed choice between suppliers. It was therefore essential that the authorities provided a service that customers valued at a competitive price that ensured that the business was sustainable.

     

    He outlined how the Document Management systems would be re-engineered to work for both authorities, the financial implications and the business resilience case for both authorities working together.

     

    Consideration was given to:

     

    ·         The timescales for the project

    ·         Unified fees

    ·         Governance issues

     

    RESOLVED that:

     

    1.     Mid Devon District Council and North Devon Councils form a Joint Executive Committee in respect of their Building Control functions to enable joint working to reduce costs and provide resilience.

     

    2.     This matter is brought back to Cabinet, once the draft agreement (along with all other aspects of joint working on building control) with North Devon Council has been finalised, so that decisions can be made on the following in respect of a new Joint Committee:

    i)       its membership and formation;

    ii)     the proposed variations to the constitution; and

    iii)    finalise all other details.

     

    (Proposed by the Chairman)

     

    Note:  *Report previously circulated, copy attached to minutes.

     

    161.

    Data Protection Policy (00-19-03) pdf icon PDF 121 KB

    Report of the Head of BIS requesting that the revised policy be noted.

    Additional documents:

    • ICT 0003 Data Protection Policy v4.0 , item 161. pdf icon PDF 272 KB

    Minutes:

    The Cabinet had before it and NOTED a *report of the Head of Business Information Systems reviewing the current policy

     

    The Cabinet Member for Community Well-Being outlined in the contents of the report stating that the revision was in line with current legislation.

     

    Note:  *Report previously circulated, copy attached to minutes.

     

     

    162.

    Asset Management and Capital Strategy Plan (Corporate) (00-20-14) pdf icon PDF 323 KB

    • View the background to item 162.

    To receive a report of the Head of Housing and Property Services regarding the revised Asset Management and Capital Strategy Plan for 2016 - 2020

     

     

    Additional documents:

    • Asset Management Capital Strategy Plan , item 162. pdf icon PDF 436 KB

    Minutes:

    The Cabinet had before it a report of the Head of Housing and Property Services outlining a revised Asset Management and Capital Strategy for 2016-2020.

     

    The Cabinet Member for Housing requested that the item be deferred until the next meeting to allow for further information to be added to the plan.

     

    RESOLVED that this item be deferred until the next meeting

     

    (Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott)

     

    Note: *Report previously circulated; copy attached to the Minutes.

     

    163.

    Treasury Management Strategy and Annual Investment Strategy (00-21-20) pdf icon PDF 338 KB

    • View the declarations of interest for item 163.
    • View the background to item 163.
    • View the decision for item 163.

    Report of the Head of Finance outlining the proposed strategy for 2016/17.

    Additional documents:

    • TM Appendix 1 Counterparty List , item 163. pdf icon PDF 52 KB
    • TM Appendix 2 Prudential Indicators , item 163. pdf icon PDF 30 KB
    • TM Appendix 3 Interest rate forecasts , item 163. pdf icon PDF 181 KB
    • TM Appendix 4 MRP Policy Statement , item 163. pdf icon PDF 194 KB

    Minutes:

    The Cabinet had before it a report * of the Head of Finance regarding the proposed Treasury Management Strategy and Annual Investment Strategy for 2016/17.

     

    The Cabinet Member for Finance outlined the contents of the report stating that the Council was required to receive and approve, as a minimum, three main reports each year which incorporated a variety of policies, estimates and actuals.  He outlined the deposits placed with various banks and requested that an increase in the amount of monies deposited with the CCLA be increased from £2.5m to £4m.

     

    Consideration was given to the timescales for such an investment and the balance of reserves.

     

    RESOLVED that

     

    a)    the proposed Treasury Management Strategy and the Annual Investment Strategy for 2016/17,  including the prudential indicators for the next 3 years and the Minimum Revenue Provision Statement (Appendix 4),be approved;

     

    b)    an increased investment in the CCLA as outlined in the report be approved.

     

    (Proposed by Cllr P H D Hare-Scott and seconded by Cllr N V Davey)

     

    Notes:

     

    (i)           Cllr C J Eginton declared a personal interest as he received a pension from Lloyds Bank;

     

    (ii)          Cllr N V Davey declared a personal interest as a member of the Royal Bank of Scotland pension scheme;

     

    (iii)         *Report previously circulated; copy attached to the Minutes.

     

     

    164.

    Performance and Risk for the Third Quarter of 2015-16 (00-25-52) pdf icon PDF 215 KB

    To receive a report of the Head of Communities and Governance providing Members with an update on performance against the Corporate Plan and local service targets for  2015/16 as well as providing an update on the key business risks.

    Additional documents:

    • MTE PDG Performance Appendix 1 , item 164. pdf icon PDF 106 KB
    • DAH PDG Performance Appendix 2 , item 164. pdf icon PDF 125 KB
    • CWB PDG Performance Appendix 3 , item 164. pdf icon PDF 85 KB
    • Performance Planning Appendix 4 , item 164. pdf icon PDF 95 KB
    • Working Environment Portfolio Appendix 5 , item 164. pdf icon PDF 109 KB
    • There are a further 3 documents.View the full list of documents for item 164.

    Minutes:

    The Cabinet had before it and NOTED a * report of the Head of Communities and Governance providing Members with an update on performance against the Corporate Plan and local service targets for 2015/16 as well as providing an update on the key business risks.

     

    The Cabinet Member for Finance outlined the contents of the report highlighting the performance of the new waste scheme, the target for delivery of new homes, the rent collected as a proportion of rent owed, food inspection issues, leisure receipts, problems within building control which were being addressed and the number of complaints acknowledged.  He added that the number of empty shops had decreased which looked very positive. 

     

    Consideration was given to the risk report.

     

    Note:  *Report previously circulated, copy attached to minutes.

     

    165.

    Notification of Key Decisions (00-35-00) pdf icon PDF 246 KB

    To note the rolling plan containing key issues.

    Minutes:

    The Cabinet had before it, and NOTED, its rolling plan * for March 2016 containing future key decisions.

                                          

    Note: * Plan previously circulated; copy attached to the signed Minutes

     

     

    166.

    Access to Information Act - Exclusion of Press and Public (00-35-27)

    During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

     

    To consider passing the following resolution so that financial information may be discussed.

     

    Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)

     

     

    Minutes:

    The Cabinet were informed that any discussion relating to the financial details contained within the report was likely to involve the disclosure of exempt information. Having considered the commercially sensitive nature of the report it was:

     

    RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

     

    (Proposed by the Chairman)

     

     

    167.

    Wessex Partnership

    • View the reasons why item 167. is restricted
    • View the background to item 167.
    • View the decision for item 167.

    Arising from a report of the Head of H R and Development, the Decent and Affordable Homes Policy Development Group had recommended that that the Council serves notice to withdraw from the Devon Wessex Home Improvement Loans scheme and does so no later than 31 March 2016.

     

    Minutes:

    Arising from a *report from the Head of Housing and Property Services, the Decent and Affordable Homes Policy Development Group had recommended that the Council serves notice to withdraw from the Devon Wessex Home Improvement Loans scheme and does so no later than 31 March 2016.

     

    The Cabinet Member for Housing outlined the contents of the report highlighting the considerations that had taken place at the Policy Development Group at its meeting in February and informing Members of further discussions and negotiations that had taken place with the Wessex Group in the past week.

     

    Following consideration of the financial issues, the meeting returned to open session and it was

     

    RESOLVED that following  recent discussions with Wessex Resolutions Community Interest Company regarding  withdrawal from the scheme on a 6 month  notice basis (rather than the 12 months required notice as in the original agreement), delegated authority be given to the Head of HR and Development in consultation with the Cabinet Member for Housing to withdraw from the scheme giving 6 months’ notice if necessary (30 September 2016) following consideration of a proposed pilot scheme currently being implemented in an adjacent authority.

     

    (Proposed by Cllr R L Stanley and seconded by Cllr  N V Davey)

     

    Note: - *Report previously circulated.