Agenda, decisions and minutes

There were no apologies for absence.

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

RESOLVED that the updated Complaints, Comments and Compliments Policy be approved.

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The Chair consented to an urgent item of business to be considered being the Complaints, Comments & Compliments Policy Review report. This would be considered after agenda Item 5: Private Sector Housing Strategy.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

To consider the minutes of the last meeting held on 4^th March 2024.

Moved by Councillor Duncan McGregor and seconded by Councillor Mary Dooley

RESOLVED that the Minutes of an Executive meeting held on 4^th March 2024 be approved as a true and correct record.

RESOLVED that in light of the consultation results, the proposed Strategy and Delivery Plan be noted, and the Strategy be approved for implementation.

Executive considered a detailed report, presented by the Portfolio Holder for Growth, which sought Members’ approval for the Council’s Private Sector Housing Policy.

Owner occupied and privately rented properties made up over 83.3% of homes in Bolsover (Census 2021). Many homes in the private sector in Bolsover were in poor condition. 45.8% did not meet EPC C, and 16.3% of owner-occupied homes and 18.6% of private rented homes failed the Decent Homes Standard for having a Category 1 hazard, which poses a serious and immediate risk to a person's health.

As a result of a stock condition survey carried out, officers wanted to develop robust and ambitious private sector housing strategies to help engage with the private sector, to improve the quality of accommodation, develop good management practices, and reduce homelessness.

Interviews with key stakeholders had taken place and the Council now had an evidenced base which was extremely comprehensive and timely, given the uncertain economic times. Landlord and tenant surveys had been completed on-line and ran for between 29^th May 2023 to 1^st September 2023.

The proposed Private Sector Strategy set out the Council’s plans for achieving good quality housing across the existing private sector stock.

Moved by Councillor John Ritchie and seconded by Councillor Sandra Peake

RESOLVED that in light of the consultation results, the proposed Strategy and Delivery Plan, and the Strategy be approved for implementation.

Reasons for Recommendation

The Council needs to take pro-active action following completion of the Private Sector Stock Condition Survey. By adopting the Strategy and delivering the identified actions, this should generate marked improvement in the quality of private sector housing and improved management of the private rented sector.

The Government is currently reviewing the Decent Homes Standard and it is expected that the new version will apply to the Private Rented Sector, which will give further impetus to the improvements the Council is trying to achieve.

Alternative Options and Reasons for Rejection

Members could choose not to support the adoption and delivery of the proposed Strategy but this would go against the recommendations of the private sector stock condition survey and cease delivery of a key action of the Housing Strategy 2021-24.

Executive considered a detailed report, presented by the Portfolio Holder for Partnerships, Health & Wellbeing, which sought Members’ approval to adopt the Council’s revised Complaints, Comments and Compliments Policy (CCC Policy).

The policy had been revised to comply with the recommendations set out by the LGSCO and HO following a recent consultation exercise for a Joint Complaint Handling Code by the Local Government and Social Care Ombudsman (LGSCO) and the Housing Ombudsman (HO).

Although a Joint Code was not agreed following the consultation, there would be a statutory duty for the LGSCO and HO to monitor compliance of the Code, and non-compliance could result in taking further action (Complaint Handling Failure Order), which placed a risk to the Council’s reputation.

The revised policy had been considered by the Customer Services Scrutiny Committee at its meeting held on 25^th March 2024, and the new Code would be effective from 1^st April 2024.

Moved by Councillor Mary Dooley and seconded by Councillor Duncan McGregor

RESOLVED that the updated Complaints, Comments and Compliments Policy be approved.

Reasons for Recommendation

It was considered good practice to have a policy which sets out the Council’s approach to Complaint handling. This updated policy would ensure the Council was compliant with the Local Government & Social Care Ombudsman (LGSCO) and Housing Ombudsman (HO) codes. The policy which sat alongside the Customer Service Standards and Procedures would ensure the Council sets out a good complaint handling process and promoted a positive relationship between the organisation and service users.

Alternative Options and Reasons for Rejection

The updated Policy was considered necessary so that members of the public were aware of the Council’s approach to meeting the LGSCO & HO Code for handling complaints which allowed the Council to resolve complaints quickly, effectively, and fairly, and use the data to drive service improvements, providing a positive culture for complaint handling.

The Customer Service, Standards & Complaints Manager and the Customer Standards and Complaints Officer left the meeting.

RESOLVED that the Menopause Policy be implemented.

Executive considered a detailed report, presented by the Portfolio Holder for Resources, which sought Members’ approval for the Council’s Menopause Policy.

The purpose of the policy was for the Council to support employee well-being in relation to female staff experiencing the menopause which could bring physical and emotional challenges for individuals. The policy would also increase awareness, help with reducing the stigma and ensure less misunderstandings. It should help educate employees and managers and foster a more supportive and inclusive workplace culture.

The policy set out the need to accommodate individual needs by acknowledging that the menopause affects each person differently. It provided guidance on adjustments such as more flexible working arrangements, providing the opportunity for temperature control in the workplace and identified access to relevant health resources.

The policy had been considered by the Council’s Senior Leadership Team and the trade unions.

Moved by Councillor Clive Moesby and seconded by Councillor Anne Clarke

RESOLVED that the Menopause Policy be implemented.

Reasons for Recommendation

The implementation of the policy would foster a more equitable and accommodating work environment for all the Council’s employees.

Alternative Options and Reasons for Rejection

Not to implement the policy and rely on the Council’s existing employment policies.

RESOLVED that the updated Maternity Policy be implemented.

Executive considered a detailed report, presented by the Portfolio Holder for Resources, which sought Members’ approval for the Council’s updated Maternity Policy.

The existing Maternity Leave Policy required revision to align with current legislative standards and best practices. Incorporating health and safety arrangements into the policy was essential to safeguard the physical and mental well-being of pregnant employees. The updates to the policy appeared as tracked changes on the policy document.

The updated policy had been considered by the Council’s Senior Leadership Team and the trade unions.

Moved by Councillor Clive Moesby and seconded by Councillor Duncan McGregor

RESOLVED that the updated Maternity policy be approved.

Reasons for Recommendation

Ensure best practice when it comes to expectant employees pre and post birth and to comply with equality and health and safety regulations.

Alternative Options and Reasons for Rejection

Continue to utilise the existing policy and health and safety arrangements.

RESOLVED that the updated/reviewed Probation Policy be approved.

Executive considered a detailed report, presented by the Portfolio Holder for Resources, which sought Members’ approval for the Council’s updated / reviewed Probation Policy.

The Probation Policy played a crucial role in ensuring fairness, accountability and support for employees who may be facing performance issues or behavioural concerns.

The current Probation Policy was last updated in September 2019. Although, it was considered that the existing policy was mainly fit for purpose, some small issues had become known in using the policy and via anecdotal feedback from managers, minor changes had been made. These changes appeared as tracked changed on the policy document.

The updated policy had been considered by the Council’s Senior Leadership Team and the trade unions.

Moved by Councillor Clive Moesby and seconded by Councillor Duncan McGregor

RESOLVED that the updated / reviewed Probation Policy be approved.

Reasons for Recommendation

A robust Probation Policy was essential for promoting employee development, maintaining a positive work environment, and safeguarding the interests of both employees and the organisation.

Alternative Options and Reasons for Rejection

Not to approve the updated policy and continue to work with the existing joint policy.

The HR Business Manager left the meeting.

RESOLVED that the report be noted.

Executive considered a detailed report, presented by the Portfolio Holder for Growth, which provided an update to Members in relation to the Pleasley Vale Regeneration Project and activities, carried out around the site, and future work and projects for Pleasley Vale Business Park.

Pleasley Vale was recognised as an important asset of the Council and there was a strong commitment to ensure that the site was preserved and enhanced for future generations.

As a commercial business park, there were good levels of tenant satisfaction, and many had been on site for over 20 years. However, the rents alone did not cover the extensive capital repairs required to maintain and improve the buildings and land.

To address this issue, a project officer had been in place since November 2022, to manage a regeneration project with the objective of initially assessing the viability and appropriateness of a range of regeneration options and to commission reports and surveys to overcome site constraints and inform the principle of development.

The report provided details of potential funding opportunities to be explored for various projects on the site including flood management and renovation of the Gardeners Cottage and Coach House. Derbyshire Wildlife Trust had been appointed to produce a Nature Recovery / Blue and Green Infrastructure Masterplan to survey and assess the current condition of the site, identify constraints and opportunities for funding and collaboration with communities and education providers. The Property Services Team were currently identifying all priority repairs for the Mill buildings to identify the total cost of repairs and a report would be provided to a future Executive meeting when detail and costs were known.

The project team had also been developing a working group of stakeholders, including Leisure Services, Members, and representatives from Mansfield District Council to discuss site issues and opportunities for regeneration.

The Head of Business Growth highlighted the importance of flood management at Pleasley Vale which was a critical priority before any regeneration opportunities could be investigated and multiagency work was being carried out to show that this was being addressed.

The Portfolio Holder for Resources highlighted the extreme cost of insurance for the site due to the recent flooding caused by Storm Babet.

Moved by Councillor Clive Moesby and seconded by Councillor Mary Dooley

RESOLVED that the report be noted.

Reasons for Recommendation

The purpose of this report is to update Members on the progress of the regeneration project and to highlight the current situation and challenges faced on site following recent flood events.

To inform Members of the works being commissioned to inform and be able to set out a clear plan of flood mitigation works and environmental improvements as the basis for protection of operation of the business park as well as exploring options for further regeneration works across the site. Once detailed costs are confirmed, these will be presented to Members for further discussion and approval.

Alternative Options and Reasons for Rejection

Do nothing - business as usual - This option has been rejected. Water  ...  view the full minutes text for item EX90-23/24

RESOLVED that 1) the principle of the Council acting as main contractor for other local authorities seeking work and services from Dragonfly Development Ltd be approved,

2) delegated authority be granted to the Chief Executive Officer to enter into non-binding cooperation arrangements with other local authorities.

Executive considered a detailed report, presented by the Portfolio Holder for Corporate Performance and Governance, which sought Members agreement in principle to the Council acting as main contractor for local authorities wishing to procure works and services from Dragonfly Development Ltd.

The report also sought approval to delegate to the Chief Executive, the power to enter into co-operation arrangements with other local authorities to deliver construction related services.

Dragonfly Development Ltd had successfully completed a housing scheme for a wholly owned company of a neighbouring local authority. This project was so successful that the local authority, along with other local authorities, would like to engage the services of Dragonfly to deliver more construction projects and consultancy services for property related schemes.

Under section 101 of the Local Government Act 1972, a local authority may arrange for another local authority to discharge its functions and it had been proposed that other local authorities arrange for work to be undertaken by the Council who would in turn sub-contract with its Dragonfly companies.

Freeths LLP solicitors, had advised Dragonfly that another authority could procure the Council to deliver construction and property related projects. In turn, the Council would need to enter a subcontract with either Dragonfly Development Ltd or Dragonfly Management (Bolsover) Ltd, depending on the value of the contract in accordance with the Council’s Contract Procurement Rules.

The Council was seeking its own external advice on the proposal; however, this advice had not yet been received and would be presented to a future Executive meeting.

In response to a query from Councillor Moesby, the Monitoring Officer confirmed that each individual contract would need to be approved by Executive.

Moved by Councillor John Ritchie and seconded by Councillor Duncan McGregor

RESOLVED that: 1) the principle of the Council acting as main contractor for other local authorities seeking work and services from Dragonfly Development Ltd. be approved,

2)    delegated authority is given to the Chief Executive to enter into non-binding cooperation arrangements with other local authorities.

Reasons for Recommendation

By agreeing to the proposal Dragonfly Development Ltd will be able to enter negotiations with other authorities to undertake work on their behalf via a contractual agreement with the Council.

Alternative Options and Reasons for Rejection

Not to agree to the proposal. Other local authorities will need to undertake procurement exercises which will mean that Dragonfly Development Ltd will need to compete with other building contractors.

Councillor Steve Fritchley returned to the meeting.

Councillor Janet Tait returned to the Council Chamber.

Councillor Steve Fritchley in the Chair

RESOLVED that 1) the EMIZ proposals be supported on behalf of the Council, 

2) delegated authority be granted to the Council’s Chief Executive Officer to accept and nominate officers to represent the Council on the proposed Development Board and nominate officers to represent the Council in any part of the interim or eventual governance structure for the EMIZ as appropriate and when offered,

3) to allocate £20,000 from the Transformation Reserve for business case developmentand other related costs. 

Executive considered a detailed report, presented by the Portfolio Holder for Growth, which provided an update on the proposals for the East Midlands Investment Zone (EMIZ), the emerging investment plan and next steps, including the Council’s future role in the EMIZ.

The report also sought Members endorsement for the EMIZ proposals and approval for the Council to participate in the East Midlands Investment Zone Development Board.

The Chancellor’s Autumn Statement published in November 2023, announced an Investment Zone for the East Midlands (EMIZ). The purpose of the Investment Zone was to boost productivity across green industries and advanced manufacturing sectors in the East Midlands with the support of £160 million funding from Government over a period of ten years.

The EMIZ covered the whole of Derbyshire and Nottinghamshire, i.e., the Investment Zone covered the same area as D2N2 and East Midlands Mayoral Combined County Authority (EMMCCA). The newly established EMMCCA would be the accountable body for the EMIZ and following the election of a Mayor, it was expected that the Investment Zone would help to leverage over £380 million in private investment and bring upwards of 4,000 jobs to the region.

The EMIZ proposals progressed alongside the creation of an Investment Zone policy that would set the criteria for approval of future financial incentives for development proposals and expenditure of the balance of the Government funding. An indicative Investment Plan had also been drafted. The Investment Zone policy would go live in April 2024, but the operational launch of the East Midlands Investment Zone was subject to completion of the final Gateway stages of the EMIZ process.

The report also recommended that Members consider allocating a budget for business case development for projects and programmes with partners that aligned with the EMIZ proposals and emerging Investment Zone policy to ensure that the Council was best placed to maximise the opportunities that would arise from the future allocation of flexible funding, which may amount to as much as £120 million over the next ten years.

Members welcomed the report.

Moved by Councillor John Ritchie and seconded by Councillor Duncan McGregor

RESOLVED that: 1) Executive confirm its support for the EMIZ proposals on behalf of the Council,

2)    delegated authority be granted to the Council’s Chief Executive Officer to accept and nominate officers to represent the Council on the proposed Development Board and nominate officers to represent the Council in any part of the interim or eventual governance structure for the EMIZ as appropriate and when offered,

3)    £20,000 be allocated from the Transformation reserve for business case development and other related costs.

Reasons for Recommendation

This report outlines the potential benefits to the District arising from the current EMIZ proposals, which will bring £160 million of Government funding into the region that is expected to drive an increase in productivity through the creation of higher skilled, higher paid jobs at two large employment sites within the local area with an associated rise in living standards and improved quality of life for  ...  view the full minutes text for item EX92-23/24

RESOLVED that the three-year software support and maintenance contract be awarded to Idox for its planning and environmental health software.

(Please Note that this item is exempt from Scrutiny Call-In asthe Council would be out of contract and support which could have a negative impact on the performance of the Planning and Environmental Health departments).

Executive considered a detailed report, presented by the Portfolio Holder for Resources, which sought approval to renew a three-year software support and

maintenance contract to Idox for its Uniform Planning and Environmental Health

software.

The Planning and Environmental Health teams used Idox’s software to enable them to provide services to the Council and its constituents.

The existing maintenance contract was due to expire in April 2024 and to be able to continue to use the software the Council needed to enter a new maintenance and support contract with the supplier, Idox.

To sign a three year maintenance and support contract with the software supplier, Idox had procured from the Crown Commercial services framework. The total of the contract over the three year period was £99,320 split annually over the three years.

Moved by Councillor Clive Moesby and seconded by Councillor Mary Dooley

RESOLVED that the three-year software support and maintenance contract be awarded to Idox for its Planning and Environmental Health software.

Reasons for Recommendation

This software is essential for the Planning and Environmental Health departments to continue to provide services.

A move to an alternative product would take many months of planning, staff resource and additional implementation costs, therefore, it was not in the interest of the Council to go out to market.

The new contract is available via the Crown Commercial services procurement framework RM6259.

By entering into a three year agreement the prices are fixed.

Alternative Options and Reasons for Rejection

None.

RESOLVED that the contract extension of 2 years to Mobysoft for the RentSense software be approved.

Executive considered a report, presented by the Portfolio Holder for Housing, which sought Members approval for Housing to exercise the option to extend the contract with Mobysoft for RentSense for a further 2 years.

In May 2022, a contract was awarded to Mobysoft for its RentSense software on a 2-year fixed contract with an option to extend for one plus one years. Following a period of implementing and testing, the system went live in January 2023 and positive results had been seen from use of the software.

The RentSense system prioritised rent arrears cases using analytical technology which could predict which cases would generate the most positive result. The system reduced the number of cases which required contact and this freed up officer time. Officers had been able to commence targeted former tenancy arrears recovery as well as home visits to build up rapport with tenants and signpost for benefits advice and assistance where possible.

The original contract had an option to extend for a further 2 years, and the proposal was to do this to harness the success to date and look to enhance rent recovery, thereby, strengthening the Housing Revenue Account. The Contract could be extended by serving a notice to extend and no further procurement was necessary.

Moved by Councillor Sandra Peake and seconded by Councillor John Ritchie

RESOLVED that the contract extension of 2 years to Mobysoft for the RentSense software be approved.

Reasons for Recommendation

Mobysoft were identified as the best supplier through a tender procurement exercise, the existing contract allowed for an option to extend for a further 2 years. This system was ensuring that the Council achieved a better rent collection rate, and the Council was seeing a reduction in arrears. To extend the contract for a further 2 years would ensure the Council continued to reduce arrears and improve the Housing Revenue Account.

Alternative Options and Reasons for Rejection

To not extend the contract would mean the Council would lose the benefit of the RentSense system. Income Management Officers would need to look through all the Council tenant’s rent accounts and individually decide how to prioritise recovery, this was time consuming and unnecessary and did not allow for other activities to be undertaken. The analytics of Rent Sense reduce the amount of rent arrears cases each officer had to work on thereby ensuring they could carry out other duties within their role.

RESOLVED that the Council enters in to a lease agreement with Jessica Hobson on the terms agreed with the Council’s agent.

Executive considered a detailed report, presented by the Portfolio Holder for Growth, which sought Members agreement to enter into a lease agreement for 9 Church Street, Clowne, with Ms Jessica Hobson, on the terms detailed in the report.

Ms Hobson had agreed Heads of Terms which proposed a 10 year term and an above market value rent of £12,000 per annum for a fully repairing and insuring lease, meaning all financial liabilities for the day to day running of the building would be passed onto the tenant for the duration of the lease.

An upwards only rent review would be completed in the fifth year of the term and this would be based on market value.

Moved by Councillor John Ritchie and seconded by Councillor Duncan McGregor

RESOLVED that the Council enters in to a lease agreement with Ms Jessica Hobson on the terms agreed with the Council’s agent.

Reasons for Recommendation

Securing the tenancy for Jessica Hobson will ensure a continued occupation of the premises and avoid it falling into disrepair.

Agreeing the tenancy will secure rental income of at least £12,000 per annum for the 10 year term. In addition, the business rate liability, currently £4,790 per annum will be passed onto the tenant.

We are currently supporting the growth of the arts/culture sector through both a Woman’s Creative Network and through an Arts Council England (ACE) Cultural Development Fund application for a Creative Hub in the district to support the creative sector. We will engage with the tenant to support her to flourish in the District and the local community that she will engage with.

Alternative Options and Reasons for Rejection

Not to proceed with the new tenancy may result in the interested party choosing to relocate their business to alternative premises and this could potentially fall outside the district. Not only would this result in a loss of revenue income which would be a loss to the authority until an alternative tenant is identified, it could have an impact on the young people in the district who currently benefit from this much needed creative activity.

Should the authority not proceed with the tenancy they will need to complete dilapidation works to the premises to bring it up to the required standard for letting, this could delay the occupancy of a new tenant and the revenue income being received.