Agenda, decisions and minutes

There were no apologies

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Councillors Alex Dale and Barry Lewis declared interests in Item 6 (Local Offer for Children in Care and Care Leavers) and Item 7(a) Older People’s Housing Accommodation and Support: A Commissioning Strategy for Derbyshire’ in the capacity as Members of Derbyshire County Council. They indicated that they would remain in the meeting and would participate in the debate on, and determination of, these items.

To approve as a correct record and the Leader to sign the attached Minutes of the meeting of Cabinet held on 3 October 2019

RESOLVED – That the Minutes of the meeting of Cabinet held on 3 October 2019                            be approved as a correct record and signed by the Leader.

Cabinet considered a report of Councillor Alex Dale, Deputy Leader and Portfolio Holder for Council Services about the Payment Cards Industry Data Security Standards (PCI-DSS). This explained the cost and service implications for the Council of progressing towards compliance with these standards.

                                  Members were reminded that Cabinet had agreed in principle to remove the payment kiosk at the Council’s Mill Lane offices, subject to preparatory work to encourage customers to make use of other payment methods. Cabinet heard that this work had been successful and as a consequence, it was proposed that the kiosk be now taken out of use by the end of the year.

                                  The report to Cabinet also proposed that a new system for processing card payments by telephone be procured. It was explained that the Council’s existing system was not compliant with the PCI-DSS standards and so would have to be replaced.

Report of Councillor A Dale, Deputy Leader and Portfolio Holder for Council Services

RESOLVED –

(1)   That Cabinet approves the removal of the PCI-DSS non-compliant payment kiosk at the Council’s Mill Lane offices, Wingerworth, without replacement.

(2)   That Cabinet approves the budget, as specified in the report, to procure and implement the Call Secure solution for taking customer “not present” card payments. 

REASON FOR DECISION – To provide a practical, economical and risk based solution to Payment Card Industry Data Security Standards (PCI-DSS) compliance. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing and leaving the kiosk in place was considered but rejected.  It would have meant that the Council had not addressed the risks outlined in the Payment Card Industry Data Security Standards. 

Cabinet considered a report of Councillor Alex Dale, Deputy Leader and Portfolio Holder for Council Services about the Payment Cards Industry Data Security Standards (PCI-DSS). This explained the cost and service implications for the Council of progressing towards compliance with these standards.

Members were reminded that Cabinet had agreed in principle to remove the payment kiosk at the Council’s Mill Lane offices, subject to preparatory work to encourage customers to make use of other payment methods. Cabinet heard that this work had been successful and as a consequence, it was proposed that the kiosk be now taken out of use by the end of the year.

The report to Cabinet also proposed that a new system for processing card payments by telephone be procured. It was explained that the Council’s existing system was not compliant with the PCI-DSS standards and so would have to be replaced.

RESOLVED –

(1)   That Cabinet approves the removal of the PCI-DSS non-compliant payment kiosk at the Council’s Mill Lane offices, Wingerworth, without replacement.

(2)   That Cabinet approves the budget, as specified in the report, to procure and implement the Call Secure solution for taking customer “not present” card payments. 

REASON FOR DECISION – To provide a practical, economical and risk based solution to Payment Card Industry Data Security Standards (PCI-DSS) compliance. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing and leaving the kiosk in place was considered but rejected.  It would have meant that the Council had not addressed the risks outlined in the Payment Card Industry Data Security Standards. 

Report of Councillor B Lewis, Portfolio Holder for Partnerships and Leisure.

RESOLVED –

(1)   That Cabinet agrees to freeze the leisure facility membership fees for 2020 at the current, 2019, rates. 

(2)   That Cabinet agrees the revisions to the leisure concessionary scheme and addition of a concession for the Armed Forces community, as specified in the report.  

REASON FOR DECISION – In order to continue to improve the financial performance of the Council’s leisure facilities, whilst ensuring that they are accessible and affordable to all. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing was considered but rejected.  To continue with the existing concessions scheme would have caused some eligible individuals who were not currently in receipt of Housing Benefit to fall outside eligibility when they transferred on to Universal Credit. 

In addition, the Armed Forces community would not have been eligible for a concession. This was rejected on the grounds of fairness and because it would not align with the aspirations of the Council.

Cabinet considered a report of Councillor Barry Lewis, Portfolio Holder for Partnerships and Leisure. This report provided an update on the financial performance of the Council’s leisure facilities. It also set out specific proposals to help maintain access to them for all those in the District and improved access for those in the Armed Forces Community.

The report to Council explained that because of the growth in memberships and the impact of recent transformation projects, the financial position of the Council’s leisure centres had improved. This meant that the current membership fees could be kept at the 2019 rates throughout 2020. Cabinet was asked to agree to this.

The report went on to explain that specific changes to the scheme would be required. These changes were necessary because of the introduction of Universal Credit. They would also help to bring it into line with other concessionary schemes, which apply to those of pensionable age, rather than to people over sixty. Cabinet supported these changes.

Finally, the report recommended that a concessionary membership or pass be offered to residents of the District who had or currently did serve in the armed forces. Again, Cabinet supported this. The proposal was seen as a good way of building on the Council’s commitment to support the Armed Forces Community, as indicated by its recent decision to sign the Armed Forces Covenant. Members discussed how the Armed Forces Community would be able to take advantages of the concession and what forms of proof they would be required to show in order to do so.

RESOLVED –

(1)   That Cabinet agrees to freeze the leisure facility membership fees for 2020 at the current, 2019, rates. 

(2)   That Cabinet agrees the revisions to the leisure concessionary scheme and addition of a concession for the Armed Forces community, as specified in the report.  

REASON FOR DECISION – In order to continue to improve the financial performance of the Council’s leisure facilities, whilst ensuring that they are accessible and affordable to all. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing was considered but rejected.  To continue with the existing concessions scheme would have caused some eligible individuals who were not currently in receipt of Housing Benefit to fall outside eligibility when they transferred on to Universal Credit. 

In addition, the Armed Forces community would not have been eligible for a concession. This was rejected on the grounds of fairness and because it would not align with the aspirations of the Council.

Report of M E Thacker MBE, Leader and Portfolio Holder for Overall Strategic Leadership

RESOLVED –

(1)   That Cabinet approves and adopts the proposals for a Derbyshire district and borough councils “local offer” for Children in Care and Care Leavers, as specified in the report.   

(2)   That further consideration be given to how the Council might work with others across Derbyshire to support children in care and to support care leavers. 

(3)   That Cabinet supports the development of a county wide “Care Leaver Covenant” as specified in the report. 

REASON FOR DECISION – To enable the Council, in collaboration with other Derbyshire local authorities, to more effectively support children in care and also those leaving care.  

OTHER OPTIONS CONSIDERED & REJECTED – None. 

Cabinet considered a report of Councillor Martin Thacker MBE JP, Leader of the Council and Portfolio Holder for Overall Strategic Leadership on children in care and care leavers. 

The report to Cabinet explained that local authorities were required under the Children & Social Care Act 2017 to publish a local ‘Offer’. A single ‘Local Children in Care and Care Leaver Offer’ had been drawn up across Derbyshire to discharge this responsibility. The details of the offer were set out in the report. Cabinet was asked to approve and adopt it.

Members made it clear that they supported the proposed Derbyshire-wide ‘Offer for Children in Care and Care Leavers. They also recognised the importance of working with other local authorities and agencies to ensure that effective support continues to be provided to young people in care and also for those who had left care. In this context, Cabinet was informed of the joint work that had taken place on the development of a county wide “Care Leaver Covenant”.   Members supported this and looked forward to the proposed Care Leaver Covenant for Derbyshire.

RESOLVED –

(1)   That Cabinet approves and adopts the proposals for a Derbyshire district and borough councils “local offer” for Children in Care and Care Leavers, as specified in the report.   

(2)   That further consideration be given to how the Council might work with others across Derbyshire to support children in care and to support care leavers. 

(3)   That Cabinet supports the development of a county wide “Care Leaver Covenant” as specified in the report. 

REASON FOR DECISION – To enable the Council, in collaboration with other Derbyshire local authorities, to more effectively support children in care and also those leaving care.  

OTHER OPTIONS CONSIDERED & REJECTED – None. 

RESOLVED – That having considered the Derbyshire County Council (DCC) commissioned Strategy Older People’s Housing, Accommodation and Support: A Commissioning Strategy for Derbyshire, Cabinet agrees to note this Strategy.   

REASON FOR DECISION – By considering and noting this Strategy, the Council has shown its support for the aim of improving the lives of older people, by providing accommodation that is suitable for their needs. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of not considering and noting the Strategy was rejected, as North East Derbyshire has an ageing population and Derbyshire County Council is a strategic partner for the Council in supporting older people.

Cabinet considered a report of Councillor Richard Welton, Portfolio Holder for Housing.

The report to Cabinet made clear that in cooperation with other local authorities, Derbyshire County Council had developed a strategy aimed at meeting the housing needs of older people. Members were informed that the County Council had now published its: ‘Older People’s Housing, Accommodation and Support: A Commissioning Strategy for Derbyshire’. In particular, Members learned that one of the main objectives of the strategy was to ensure that new housing or accommodation for older people ought to be designed to appropriate and quality standards and built in suitable locations.

Derbyshire County Council had requested that other local authorities in Derbyshire consider and note their strategy. Members discussed the strategy. There was a consensus that it would help to meet the aspirations of older people in North East Derbyshire and elsewhere to live independently in their own homes for as long as possible and so should be supported.

RESOLVED – That having considered the Derbyshire County Council (DCC) commissioned Strategy Older People’s Housing, Accommodation and Support: A Commissioning Strategy for Derbyshire, Cabinet agrees to note this Strategy.   

REASON FOR DECISION – By considering and noting this Strategy, the Council has shown its support for the aim of improving the lives of older people, by providing accommodation that is suitable for their needs. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of not considering and noting the Strategy was rejected, as North East Derbyshire has an ageing population and Derbyshire County Council is a strategic partner for the Council in supporting older people.

RESOLVED –

(1)      That Cabinet agrees the proposed Residential Parking Strategy, as appended to the report. 

(2)      That the Joint Chief Executive Officer be given delegated powers, in consultation with the Leader and the Portfolio Holder for Housing, to approve the three pilot projects in Holymoorside, Apperknowle and Ashover, once full details of this are known. 

(3)      That Cabinet refers the delegation to the Standards Committee with a view to including a permanent delegation in the Council’s Constitution to approve projects dealing with parking problems.

(4)     That Cabinet receives an impact assessment report on the effectiveness of the pilot projects within the next twelve months.

REASON FOR DECISION – To address the longstanding issues and complaints about lack of parking in the three areas and the health and safety concerns about the lack of parking near the primary school in Holymoorside, which is on a busy main road. 

OTHER OPTIONS CONSIDERED & REJECTED – Other options were considered, but were rejected for the reasons as specified in the report.  

Cabinet considered a report of Councillor Richard Welton, Portfolio Holder for Housing on the adoption of a new Residential Parking Strategy to improve parking provision in North East Derbyshire.

Cabinet was informed that under the proposed Strategy, the Council and Rykneld Homes Limited would promote parking provision by developing new processes for customers to install drives and kerb-crossings. It also proposed that a review of the of the garages offered for rent by Rykneld Homes Limited, many of which are vacant, takes place, so that more suitable parking places could be created.

In addition, the report to Cabinet proposed that three pilot parking projects be carried out. Locations had been identified by officers for the pilot projects. Members were informed that each of these locations had been chosen by officers because the local communities had experienced long standing problems caused by parking, which needed to be addressed. 

Members discussed the report. There was clear support for the proposed Residential Parking Strategy. Cabinet agreed that the pilot projects be carried out at the recommended locations, given the problems around parking which these communities had experienced. However, Members also stressed that the impact of these pilot projects ought to be assessed and reported to a future of Cabinet, so that the lessons learned from them could then be applied to other projects to address parking problems elsewhere in the District.

RESOLVED –

(1)      That Cabinet agrees the proposed Residential Parking Strategy, as appended to the report. 

(2)      That the Joint Chief Executive Officer be given delegated powers, in consultation with the Leader and the Portfolio Holder for Housing, to approve the three pilot projects in Holymoorside, Apperknowle and Ashover, once full details of this are known. 

(3)      That Cabinet refers the delegation to the Standards Committee with a view to including a permanent delegation in the Council’s Constitution to approve projects dealing with parking problems.

(4)     That Cabinet receives an impact assessment report on the effectiveness of the pilot projects within the next twelve months.

REASON FOR DECISION – To address the longstanding issues and complaints about lack of parking in the three areas and the health and safety concerns about the lack of parking near the primary school in Holymoorside, which is on a busy main road. 

OTHER OPTIONS CONSIDERED & REJECTED – Other options were considered, but were rejected for the reasons as specified in the report.  

To consider any other matter which the Leader is of the opinion should be considered as a matter of urgency, in accordance with the provisions of Statutory Instrument 2012 No 2089, Regulation 11.

There was no urgent business to be considered in the public session at this meeting of Cabinet.

The Leader to move:-

That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006).  [The category of exempt information is stated after each item].

RESOLVED - That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1 & 2 Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information)(Variation) Order 2006).  [The category of exempt information is stated after each Minute].

Report of Councillor M E Thacker MBE – Leader of the Council and Portfolio Holder for Overall Strategic Leadership

RESOLVED –

(1)   That Cabinet supports the indicative structure proposals for the Strategic Alliance Management Team (SAMT) as specified in the report.   

(2)   That Cabinet recommends to Council that it endorses the structure proposals for the Strategic Alliance Management Team (SAMT) as specified in the report.   

(3)   That Cabinet requests that the Chief Executive, in consultation with the Leaders of both Councils, finalises arrangements for the proposed indicative areas of responsibility as specified in the report. 

(4)   That Cabinet receives further reports on any proposed structural changes arising from the realignment of management responsibilities for services.  

REASON FOR DECISION – To meet the changing management requirements of the Council. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing was considered but rejected for the reasons as specified in the report.

Cabinet considered a report of Councillor Martin Thacker MBE JP, Leader of the Council and Portfolio Holder for Overall Strategic Leadership, which updated Members on the Strategic Alliance Management Team (SAMT) review process.

Members were reminded that Cabinet had considered the Strategic Alliance Management arrangements at its meeting on 3 October and had agreed to commence formal consultation with SAMT members. Following on from this, specific proposals had now been drawn up. Cabinet considered and endorsed these proposals.

RESOLVED –

(1)   That Cabinet supports the indicative structure proposals for the Strategic Alliance Management Team (SAMT) as specified in the report.   

(2)   That Cabinet recommends to Council that it endorses the structure proposals for the Strategic Alliance Management Team (SAMT) as specified in the report.   

(3)   That Cabinet requests that the Chief Executive, in consultation with the Leaders of both Councils, finalises arrangements for the proposed indicative areas of responsibility as specified in the report. 

(4)   That Cabinet receives further reports on any proposed structural changes arising from the realignment of management responsibilities for services.  

REASON FOR DECISION – To meet the changing management requirements of the Council. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of doing nothing was considered but rejected for the reasons as specified in the report.

Report of Councillor R Welton – Portfolio Holder for Housing

RESOLVED –

(1)   That Cabinet notes the update on the Empty Property Trial. 

(2)   That Cabinet agrees an extension on the Empty Property Trial on the terms as specified in the report.  

REASON FOR DECISION – To enable the Council to continue with an innovative approach bringing back into use empty properties in the District. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of not extending the trial was considered but rejected for the reasons as specified in the report.

Cabinet considered a report of Councillor Richard Welton, Portfolio Holder for Housing, which updated Members on the progress of the empty property trial. Members felt that the pilot had worked well. There was a consensus that the trial should continue.

RESOLVED –

(1)   That Cabinet notes the update on the Empty Property Trial. 

(2)   That Cabinet agrees an extension on the Empty Property Trial on the terms as specified in the report.  

REASON FOR DECISION – To enable the Council to continue with an innovative approach bringing back into use empty properties in the District. 

OTHER OPTIONS CONSIDERED & REJECTED – The option of not extending the trial was considered but rejected for the reasons as specified in the report.