Agenda, decisions and draft minutes
Venue: Council Chamber, County Hall, Ruthin
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APOLOGIES Additional documents: Decision: Councillor Tony Thomas Minutes: Councillor Tony Thomas, Lead Member for Housing and Communities |
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DECLARATION OF INTERESTS PDF 116 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Additional documents: Decision: Councillors Meirick Davies, Peter Scott, Glenn Swingler and
Mark Young declared a personal interest in agenda item 5 – 21st Century Schools
Programme Band B Proposals. Councillors Huw Hilditch-Roberts and Bobby Feeley declared a
personal interest in agenda item 8 – Implementation of an Alternative Delivery
Model (ADM) for various leisure related activities/functions: lease of property. Minutes: The following members declared a personal interest in agenda
item 5 – 21st Century Schools Programme Band B Proposals – Councillor Meirick Davies – School Governor Ysgol Cefn
Meiriadog & Trefnant Councillor Peter Scott – School Governor St. Asaph VP Infants School Councillor Glenn Swingler – School Governor Ysgol Pendref Councillor Mark Young – School Governor Denbigh High School Councillors Huw Hilditch-Roberts and Bobby Feeley declared a personal interest in agenda item 8 – Implementation of an Alternative Delivery Model (ADM) for various leisure related activities/functions: lease of property because they were Directors of Denbighshire Leisure Limited. |
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URGENT MATTERS Notice of
items which, in the opinion of the Chair, should be considered at the meeting
as a matter of urgency pursuant to Section 100B(4) of the
Local Government Act 1972. Additional documents: Decision: No urgent matters had been raised. Minutes: No urgent matters had been raised. |
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To receive the minutes of the Cabinet meeting held on 19 November 2019 (copy enclosed). Additional documents: Decision: RESOLVED that the minutes
of the meeting held on 19 November 2019 be received and confirmed as a correct
record. Minutes: The minutes of the Cabinet meeting held on 19 November 2019
were submitted. Matters Arising –
Page 9, Item 5 Library Strategy 2019 – 22 – the Chief Executive confirmed that
the outcome of the analysis on service cost comparisons with other authorities
would be reported back to the appropriate forum when completed. RESOLVED that the minutes
of the meeting held on 19 November 2019 be received and confirmed as a correct
record. |
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21ST CENTURY SCHOOLS PROGRAMME - BAND B PROPOSALS PDF 298 KB To consider a report by Councillor Huw Hilditch-Roberts, Lead Member for Education, Children’s Services and Public Engagement (copy to follow) seeking Cabinet approval of the revised Strategic Outline Programme for submission to the Welsh Government. Additional documents:
Decision: RESOLVED that Cabinet – (a) approves the revised Strategic Outline
Programme (Appendix 1 to the report) for submission to the Welsh Government,
and (b) confirms it has read, understood and
taken account of the Well-being Impact Assessment (Appendix 3 to the report) as
part of its consideration. Minutes: Councillor
Huw Hilditch-Roberts presented the report seeking approval of the revised
Strategic Outline Programme (Band B Proposals) for the 21st Century Schools
Programme for submission to the Welsh Government (WG). Cabinet
had agreed the Strategic Outline Programme in July 2017 which was approved by
WG in November 2017. The funding split for the Band A programme had been 50% WG
and 50% local authorities but in November 2018 WG announced revised rates for
Band B as follows – 65% WG contribution, for special schools including pupil
referral units a 75% contribution and for Voluntary Aided 85% WG with 15%
provided by the Diocesan Authority or Governing Body. Following feasibility work on schools in the
review area a revised programme had emerged with the current costs likely to
exceed the approved allocated programme envelope of £80m and WG contribution of
£45m. The revisions to the funding rates
had also reduced the potential split for Denbighshire from £32m to around
£21m. A number of options had been
considered on the way forward and in line with the recommendation of the
Modernising Education Board, it was recommended that WG be approached to
discuss a potential increase in their resources based on Denbighshire’s track
record of delivery and the affordability of the proposals. The
Lead Member elaborated upon the investment plans for the Band B proposals which
focused on schools in the Denbigh, Rhyl and Llangollen areas and explained the
reasoning behind any changes to the previously approved programme. He sought Cabinet approval of the revised
programme and was keen for the proposals to be progressed. Cabinet discussed the report with the Lead Member
as follows – ·
Councillor Julian Thompson-Hill highlighted
the need for investment in other schools which fell outside of the programme
with particular reference to Prestatyn High School. The Lead Member agreed but explained that the
works required in schools far exceeded the budget available and therefore it
was necessary to implement a prioritisation process to target areas of greatest
need. The assessment of schools for Band
B had prioritised schools in terms of their overall condition but he confirmed
that investment was still being made in other schools, highlighting specific
refurbishment and maintenance works carried out in Prestatyn High School. As part of future plans work would need to be
undertaken to measure the impact of the new Christ the Word school and the
potential new Rhyl primary school on pupil numbers in the area ·
Councillor Bobby Feeley asked that the
reference to “permeations” be changed to “permutations” on page 11 of the
report ·
Councillor Mark Young sought assurances
regarding communication and the Lead Member confirmed that all head teachers
had been communicated with regarding the report and that there would be future
wider consultation with schools and governors as matters progressed ·
officers reported upon other options
considered on the way forward including reducing the scope of the programme and
fully funding projects outside of that programme. If Cabinet approved the
recommendation and a favourable response was not received from WG other options
would be reconsidered ·
in terms of timescales a response back from
WG was expected by March 2020. The
Lead Member and officers also responded to questions from non-Cabinet members
as follows – ·
providing a favourable response was received
from WG officers would produce a planned programme of works and it would be
possible to carry out a number of projects simultaneously as demonstrated in
the Band A programme · further explained that the lack of suitable land available in Llangollen meant it would not be possible to build a new school for Ysgol Dinas Bran as originally intended ... view the full minutes text for item 5. |
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PROPOSAL TO AMEND TERMS OF REFERENCE FOR THE STRATEGIC PLANNING GROUP PDF 128 KB To consider a report by Councillor Mark Young, Lead Member for Planning, Public Protection and Safer Communities (copy enclosed) seeking Cabinet approval of amendments to the Terms of Reference for the Strategic Planning Group. Additional documents: Decision: RESOLVED that Cabinet
approve the draft amended Terms of Reference for the Strategic Planning Group
(Appendix 1 to the report). Minutes: Councillor
Mark Young presented the report seeking Cabinet approval of amendments to the
Terms of Reference for the Strategic Planning Group. Cabinet
approved the establishment of a Strategic Planning Group (SPG) and its Terms of
Reference in January 2018 to replace the Local Development Plan (LDP) Members
Group. The intention was to establish a
smaller, more focused Group to provide corporate leadership and guidance in
taking forward the replacement LDP through to formal adoption. The Group had a non-executive role but
reported back and made recommendations to Planning Committee, Cabinet and/or
Council as appropriate. At the SPG
meeting in July 2019 it was proposed that the Terms of Reference be amended and
following further discussions at meetings of Cabinet Briefing and the SPG, the
Group had recommended that – ·
the core membership of the Group should not
be changed ·
meetings should be open to all members to
attend ·
members who were not core members of the
Group would only be able to observe meetings and not contribute or speak ·
to
allow for greater flexibility for the Group to meet more frequently as required
the Group should meet every two months or as agreed. Cabinet
considered the report and recommendations put forward by the SPG and there were
mixed views regarding the effectiveness of mechanisms for engagement and
ensuring that all members had the opportunity to input and influence
discussions and recommendations, particularly given the importance of the LDP. Whilst some members felt that the process
worked well for them and that ample opportunity was provided to raise issues
and feedback through the Member Area Groups (MAGs) others questioned the
effectiveness of the process, particularly where there were differing views on particular
policies or strategies under consideration, and where meetings of MAGs were
cancelled with a reliance on MAG representatives. Main areas of debate focused on the following
– ·
Councillor Brian Jones felt that the SPG had
served its purpose and should be disbanded.
He considered the Terms of Reference to be undemocratic by not allowing
members to speak and felt all members should be able to input. He was aware of other members who were
unhappy with the current arrangements ·
the
Leader advised that the Group still had much work to do and he believed the
MAGs to be an important part of ensuring open communication and input into the
focus and direction of the Group’s work.
The process worked well for Ruthin MAG and if any issues arose from
observing the SPG meetings they could be raised via the MAGs. He also felt the democratic process had been
observed with an opportunity for all members to be involved ·
Councillor Richard Mainon highlighted that it
was a non-executive Group with only six MAG members but it had an influential
role in shaping the replacement LDP which would have a huge long term
impact. Given the fundamentally
important role of the Group he felt it was wrong to prohibit members from
contributing and speaking at those meetings and he also advised that because
two meetings of the Elwy MAG had been cancelled there had been no opportunity
for them to input given the current processes in place, with Elwy MAG arguably
having one of the most affected areas in the county. The Group had seemed to take on a political
dynamic but it was not politically balanced and he felt an appropriate way
forward would be for the Group to be politically balanced and increased to
twelve · Councillor Bobby Feeley advised that she was supportive of the Group and was confident in discussing any issue with the relevant member involved. She ... view the full minutes text for item 6. |
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EMPLOYMENT POLICIES PDF 126 KB To consider a report by Councillor Richard Mainon, Lead Member for Corporate Services and Strategic Direction (copy enclosed) presenting two employment policies for adoption. Additional documents:
Decision: RESOLVED that Cabinet – (a) approves the employment policies as
detailed within the report for adoption, and (b) confirms that it has read, understood and
taken account of the Well-being Impact Assessments (appended to the report) as
part of its consideration. Minutes: Councillor
Richard Mainon presented the report recommending adoption of two employment
policies which had been developed in consultation with the recognised Trade
Unions which covered (1) Disciplinary, and (2) Recruitment and Selection. Cabinet
was advised of the cyclical review of employment policies to ensure they were
up to date, relevant and ensured good execution of responsibilities. Both policies had been produced following
positive collaboration through the agreed consultation process and had been
unanimously approved at the Joint Consultative Committee for Health and Safety
and Employee Relations. A brief summary
of each policy was provided and Councillor Mainon explained that the
Disciplinary Policy better reflected the procedure followed and included a
Suspension Risk Assessment document together with a fast track process to be
instigated by the employee to allow cases to be dealt with in a timely
manner. The Recruitment and Selection
Policy included a section on Career Pathways to facilitate progressions within
the authority and following new legislation the Guaranteed Interview Scheme had
been removed with the inclusion of the ‘Disability Confident Employer’ section. Councillor
Julian Thompson-Hill supported the recommendations and level of consultation on
the policies resulting in unanimous approval by both employer and employee
sides of the Joint Consultative Committee.
In response to a question from the Leader the Head of Legal, HR and
Democratic Services elaborated upon the purpose of the fast track process which
could be requested by employees in cases of low level misconduct which had been
produced collaboratively with the trade unions.
He also explained and highlighted the merits of the consultation process
on policy development for all parties to work collaboratively. RESOLVED that Cabinet – (a) approves the employment policies as
detailed within the report for adoption, and (b) confirms that it has read, understood and
taken account of the Well-being Impact Assessments (appended to the report) as
part of its consideration. |
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To consider a report by Councillor Julian Thompson-Hill, Lead Member for Finance, Performance and Strategic Assets (copy enclosed) seeking Cabinet approval to grant 16 leases, each for a term of 10 years at a peppercorn rent, to Denbighshire Leisure Limited on terms as set out within the report. Additional documents:
Decision: RESOLVED that Cabinet – (a) approve the grant of 10 year leases to
Denbighshire Leisure Limited for each of the sites at a peppercorn. The leases will be on the basis of the
standard lease (Appendix 3 to the report).
Site specific adjustments will be included within each of the leases to
incorporate: annual shared user agreements, grant funder obligations, Charity
Commission requirements, advice from DCC tax advisors, third party occupation
as well as any other localised site arrangements; delegated authority to be
given to the Head of Finance and Property Services to agree, in consultation
with the Lead Member for Finance and Efficiency and the Head of Legal, HR and
Democratic Services, and (b) confirms that it has read, understood and
taken account of the Well-being Impact Assessment (Appendix 4 to the report) as
part of its consideration. Minutes: Councillor
Julian Thompson-Hill presented the report seeking Cabinet approval to grant
sixteen leases, each for a term of ten years at a peppercorn rent, to
Denbighshire Leisure Limited (DLL) on terms as set out within the report. In May
2019 Cabinet agreed the establishment of DLL, a wholly Council owned Local
Authority Trading Company Limited by Guarantee.
The report represented another stage within that process relating to the
lease of sixteen properties to DLL as identified within the report together
with the notable terms. Given the
various site specific issues and matters of further clarification and detail
that DLL may want to raise it was recommended that the leases be granted on the
basis of the draft standard lease with powers delegated to the Head of Finance
and Property in conjunction with the Lead Member for Finance and the Head of
Legal, HR and Democratic Services to agree minor variations in respect of those
issues. Any material departure from the
standard lease would be brought back to Cabinet. Reference was also made to the Land
Transaction Tax element and Denbighshire’s position in that regard which had
been set out within the report. Councillor
Bobby Feeley advised that she had a number of points to raise regarding the
leases and was pleased a mechanism was in place to agree any subsequent
variations. She also questioned the
level of consultation and highlighted that the Head of Leisure had not been
included as part of that process. In
terms of the risks identified within the report she felt that, given the unique
situation in this case, there would be merit in including the risks around the
Council’s involvement and their obligations.
To supplement that point for clarity the Managing Director Denbighshire
Leisure Limited advised that there were obligations on both parties in the
lease arrangements but the report had only referenced the risks around DLL and
not around the Council fulfilling its own obligations in that regard. In responding to the issues raised the Lead
Member and officers advised that – ·
the decision was being made by the Council
and therefore the report included the potential risks to the Council that
needed to be considered when making the decision whether or not to grant the
leases on the basis as set out in the report.
The Council needed to consider its own interests and ensure it fulfilled
its obligations in respect of the lease arrangements. There may be risk to DLL depending on the
behaviour of the Council but that risk would not be included within the report
given that the Council was not a risk to itself. The appropriate place to record the risks to
DLL would be in their own Risk Register ·
consultations had been carried out regarding
the ADM with those as listed within the report and in terms of specific sites
included consultation with Rhyl Town Council in respect of their interest
within SC2, Arts Council for Wales in respect of grant funding together with
Llangollen International Music Eisteddfod in respect of Llangollen Pavilion
which had not been listed. Cabinet
raised further questions regarding the risks to the Council together with the
split of responsibilities between the Council and DLL, particularly in terms of
maintenance and repair, together with the financial implications of fulfilling
the lease obligations in that regard and subsequent impact on the financial
success of DLL. The
Lead Member and officers responded to questions as follows – · the risk relating to the ADM not being as financially successful as hoped had been included in all reports relating to the ADM highlighting that in such an event ... view the full minutes text for item 8. |
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To consider a report by Councillor Julian Thompson-Hill, Lead Member for Finance, Performance and Strategic Assets (copy enclosed) detailing the latest financial position and progress against the agreed budget strategy. Additional documents:
Decision: RESOLVED that Cabinet – (a) note the budgets set for 2019/20 and
progress against the agreed budget strategy, and (b) approve the Council Tax Base for setting the
2020/21 budget as detailed in Appendix 6 to the report. Minutes: Councillor Julian Thompson-Hill presented the
report detailing the latest financial position and progress against the agreed
budget strategy. He provided a summary
of the Council’s financial position as follows – ·
the net revenue
budget for 2019/20 was £198.538m (£194.418m in 2018/19) ·
an
overspend of £1.678m was forecast for service and corporate budgets ·
highlighted
current risks and assumptions relating to individual service areas ·
detailed
required savings and efficiencies of £5.672m including corporate savings
identified in 2018/19 (£0.5m), schools savings of 2% (£1.32m) and service
efficiencies and savings (£3.852m) with an approved allocation of £616k from
the Savings Achievement Contingency to offset non-achievement savings ·
provided a
general update on the Capital Plan, Housing Revenue Account and Housing Capital
Plan. Cabinet was also asked to approve the Council
Tax Base for setting the 2020/21 budget which was a technical calculation as
detailed in the report. The Leader referred to development of the new
school for Ysgol Llanfair and another major housing development in the village
which together were causing severe disruption.
Whilst welcoming the growth and investment in the area he felt that lessons
could be learned in terms of managing a coordinated approach to road closures
etc., highlighting the need for some form of engagement with developers and the
community regarding communication and timetabling of specific works to minimise
impact. The Lead Member reported upon
the good relationship with contractors carrying out major school projects and
confirmed the delivery of a communication strategy through the procurement
framework. There was less control over
private developers but there may be future opportunities to transfer the
progress made by the Procurement Team on the Council’s larger scale projects
onto housing developments as time progressed.
In terms of the delay caused by the foul drainage connection works there
had been a cost implication as a result but it had been contained within the
overall budget for the project. RESOLVED that Cabinet – (a) note the budgets set for 2019/20 and
progress against the agreed budget strategy, and (b) approve the Council Tax Base for setting
the 2020/21 budget as detailed in Appendix 6 to the report. |
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CABINET FORWARD WORK PROGRAMME PDF 293 KB To receive the enclosed Cabinet Forward Work Programme and note the contents.
Additional documents: Decision: RESOLVED that Cabinet’s
forward work programme be noted. Minutes: The Cabinet forward work programme was
presented for consideration and members noted the following
additions/amendments – ·
Gypsy and
Traveller Site Provision – deferred from January to February ·
North
Wales Growth Bid Governance Agreement 2 – February (may be delayed) ·
Recommendations
of the Strategic Investment Group – February RESOLVED that Cabinet’s
forward work programme be noted. |
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EXCLUSION OF PRESS AND PUBLIC RESOLVED that under Section 100A of the Local Government Act
1972, the Press and Public be excluded from the meeting for the following items
of business on the grounds that it would involve the likely disclosure of
exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A of the
Act. Additional documents: |
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EAST RHYL COASTAL DEFENCE SCHEME To consider a confidential report by Councillor Brian Jones, Lead Member for Waste, Transport and the Environment (copy enclosed) seeking Cabinet authorisation to vary the pre-construction contract based on a revised contract value. Additional documents:
Decision: RESOLVED that Cabinet – (a) authorises the variation to the
pre-construction contract, based on a revised contract value as set out within
the report, and (b) confirms that it has read, understood and
taken account of the Well-being Impact Assessment (Appendix 1 to the report) as
part of its consideration. Minutes: Councillor Brian Jones presented the
confidential report seeking Cabinet authorisation to vary the pre-construction
contract in respect of the East Rhyl Coastal Defence Scheme based on a revised
contract value. Council had approved the construction phase of
the scheme in September 2019. Due to
construction activities not starting until April 2020 there was opportunity to
bring forward some of the activities planned to take place during the
construction phase and carry them out during the pre-construction phase. This would reduce the construction phase
costs and could also reduce the overall cost of the scheme and reduce the risk
of delays in dealing with unforeseen conditions. Details of the financial implications of the
scheme together with the revised value of the pre-construction contract had
been set out within the report. Cabinet
authorisation was required given the value of the contract. In response to questions the Flood Risk
Manager provided further detail of the proposed works to be carried out during
the pre-construction phase and confirmed the advantages of identifying any
risks at an earlier stage in the process in order to deal with them as
appropriate. Cabinet noted that the additional
pre-construction activities would not increase the overall cost of the project
and noted the benefits of bringing some of the planned activities forward to
the pre-constructions phase.
Consequently it was – RESOLVED that Cabinet – (a) authorises the variation to the
pre-construction contract, based on a revised contract value as set out within
the report, and (b) confirms that it has read, understood and
taken account of the Well-being Impact Assessment (Appendix 1 to the report) as
part of its consideration. |
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MICROSOFT ENTERPRISE LICENSING AGREEMENT To consider a
confidential report by Councillor Richard Mainon, Lead Member for Corporate
Services and Strategic Direction (copy to follow) seeking a contract award in
respect of Microsoft Licensing for the authority. Additional documents:
Decision: RESOLVED that Cabinet – (a) agree retrospectively to
issue the procurement for the Microsoft Licences through the Crown Commercial
Framework called RM 3733 and to award a contract to the Licensing Solution
Provider (as detailed within the report circulated at the meeting) in order to
place the licensing order with Microsoft, and (c) confirm that the
decision must be implemented immediately in accordance with paragraph 7.25 of
the Council’s constitution. Minutes: Councillor Richard Mainon presented the
confidential report regarding the procurement process for Microsoft Licensing
and recommended contract award for a term of three years. Some background was provided regarding the
contract provisions and procurement process undertaken in this case. A supplementary report (circulated at the
meeting) provided further detail of the tender submissions together with the
evaluation criteria and assessment process leading to the recommended Microsoft
Licensing Solutions Provider. Cabinet’s
attention was also drawn to the financials as detailed within the report and
the current funding gap in years 2 and 3 and how that would be addressed. It was recommended that the decision to award
the contract be implemented immediately given that the current licensing
agreement ended on 29 December 2019. Cabinet considered the recent procurement
exercise and outcome of that process together with the report recommendations
and it was – RESOLVED that Cabinet – (a) agree retrospectively to
issue the procurement for the Microsoft Licences through the Crown Commercial
Framework called RM 3733 and to award a contract to the Licensing Solution Provider
(as detailed within the report circulated at the meeting) in order to place the
licensing order with Microsoft, and (c) confirm that the
decision must be implemented immediately in accordance with paragraph 7.25 of
the Council’s constitution. The
meeting concluded at 12.22 hrs. |