-EX 44- HERTSMERE BOROUGH COUNCIL EXECUTIVE Minutes of the meeting held in Committee Rooms A, B and C, Civic Offices, Elstree Way, Borehamwood Present: 16 November 2016 Voting Members: Councillors Bright (Chairman), Batten, Choudhury, Dr Cohen, Heywood and Quilty Non-Voting Members: Councillor Morris Officers: D Graham S Bijle G Wooldrige T Batchelor A Chittenden R Foster R Parmar H Shade M Silverman R Stubbs J Smith Chief Executive Director of Resources Director of Environment Project Engineer, Engineering Services Private Sector Housing Officer Estates Valuer Estates Surveyor Head of Partnerships and Community Engagement Policy and Transport Manager Maintenance Manager Principal Democratic Services Officer Other Officers in Attendance: A Forbes A Raichura J Yeboah Webcaster Webcaster Webcaster Note: All decisions taken at this meeting are non-urgent, and therefore subject to the provisions of the call-in procedure unless otherwise specified.
-EX 45-51. COMMUNICATIONS AND APOLOGIES The Chairman welcomed Members and Officers to the meeting and advised that, in accordance with normal practice, the meeting was being webcast. Apologies for absence were received from Councillor Graham. 52. DECLARATIONS OF INTEREST No Members had an interest to declare in any of the items of business on the agenda. 53. SPEECHES BY NON-EXECUTIVE MEMBERS The Chairman advised that the usual arrangements for speeches by non-executive Members would be in place for this meeting. 54. MINUTES The minutes of the meeting of the Executive held on 19 October 2016 were approved and signed as a true record. 55. KEY DECISIONS 55.1 ADOPTION OF SITE ALLOCATIONS AND DEVELOPMENT MANAGEMENT (SADM) POLICIES PLAN Decision that: 1. the findings set out in the Inspector s Report, at Appendix A to Executive Report EX/16/66, following the examination into the Site Allocation and Development Management Policies Plan (SADM), be noted; 2. the Site Allocation and Development Management Policies Plan, incorporating the modifications set out in Appendices B and C to Report EX/16/66 and to include clarification of the precise definition of designation of The Paddock, Bushey Heath, be adopted by the Council at its meeting on 23 November 2016, superseding any relevant saved policies from the Hertsmere Local Plan 2003; 3. the Local Plan Policies Map, as contained in Appendix E to Report EX/16/66, be adopted by the Council at its meeting on 23 November 2016; and
-EX 46-4. any further typographical or other minor amendments be agreed by the Head of Planning and Economic Development in consultation with the Portfolio Holder for Planning and Localism. To enable the SADM to be adopted thereby forming part of the statutory development plan for the Borough, alongside the Council s Core Strategy and the Elstree Way Corridor Area Action Plan. Adoption of the SADM accorded with the requirements of Regulation 26 of the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2012. The Executive could have chosen not to recommend adoption of the SADM. However, there was no option open to the Council of only partially accepting the Inspector s recommendations or from seeking further changes to the SADM. Were the Council not to adopt the SADM, it would result in the absence of a clear planning framework and up-to-date land allocation and development management policies for the Borough. This in turn would restrict the Council s ability both to achieve the best development outcomes for the Borough and demonstrate it was able to meet the necessary housing delivery targets set out in the Core Strategy. The non-executive Member present raised a point of clarity concerning the definition in the Inspector s Report of the designation of The Paddock, Elstree Road, Bushey Heath and was supported in this request by Members of the Executive. The Planning and Localism Portfolio Holder confirmed that one of the Inspector s modifications was to make The Paddocks into a local green space. He reported that, when asked, the Inspector had declined to give the precise reasoning for the modification. The Portfolio Holder added that it was clear, however, that The Paddock as an open space would be afforded greater protection than previously. It was agreed that written clarity of this point should be provided at the Council meeting the following week. The Portfolio Holder for Leisure, Culture and Health said that she welcomed the report and was particularly pleased to note that takeaway food outlets were not permitted to be located in the proximity of local schools. (Action: Policy and Transport Manager)
-EX 47-55.2 CAR PARK REFURBISHMENT PHASE 3 - AWARD OF CONTRACT Decision that: 1. it be noted that phase 2 of the Council s car park refurbishment programme, comprising the refurbishment of High Road car park, Bushey; Highview Close car park, Potters Bar; and Salisbury Close car park, Potters Bar was completed successfully on schedule and within budget; and 2. subject to approval of the evaluation and costings detailed in Report EX/16/65 in part II of the agenda, the contract for the refurbishment of the Civic Offices car park, Borehamwood be awarded to Volker Highways Ltd, to be funded from the capital budget approved by the Council on 26 February 2014. The Civic Office car park had been identified for inclusion in phase 3 of the programme of works having taken into account a combination of results from the car park condition survey and operational timeframe suitability. Following a tender exercise, carried out in accordance with the Council s Procurement Rules, the contract was awarded to the highest scoring bidder based on the established evaluation criteria of 50% price and 50% quality. To continue with ad hoc repairs as and when required. However, this was not regarded as a cost effective long term solution and was therefore not supported. The Environment and Transport Portfolio Holder assured Members that, in view of the impending redevelopment of Hertswood School, all measures would be taken to protect the newly surfaced car park from damage and congestion (report paragraph 2.5 refers). He took the opportunity to thank the previous Portfolio Holder, Councillor Heywood, for all her hard work on this matter. The non-executive Member asked whether the planned electric vehicle charging points (paragraph 2.4 refers) would be specifically designated spaces and subject to penalty if wrongly used. He also asked how the phasing of the works would be able to minimise the loss of business through use of the Civic Office car park spaces.
-EX 48- The Director of Environment replied that the exact details of the electric car charging points were yet to be decided, as mentioned in paragraph 2.4. With regard to the number of car park spaces available while the works were underway, he referred the Member to report paragraph 2.6 which revealed that approximately 270 of the total 410 car park spaces (two thirds) would be available for use at any one time. Responding to a question from the Chairman, the Portfolio Holder confirmed that signage would be put in place to direct people to alternative parking areas nearby such as Meadow Park. NOTE: Subsequent to the meeting, the Parking Services Manager has confirmed that the misuse of electric vehicle charging points will be enforceable under the regulations. (Action: Project Engineer, Engineering Services) 55.3 WORKING LOAN CAPITAL FACILITY FOR HERTSMERE DEVELOPMENT COMPANY Decision that: 1. the Council be recommended to approve a working loan capital of 500,000 to its wholly owned subsidiary company, Hertsmere Development Limited (HDL); and 2. the Director of Resources be authorised to negotiate the terms and conditions for the working loan capital including the commercial rate of interest to be paid by HDL. Hertsmere Development Limited was a newly-formed trading company which currently did not hold any assets. In order to start trading, it would need both financial and human resources but, in the absence of a trading history or assets, the company was unlikely to be able to obtain any loan facility from financial institutions. The Council had previously provided an interest-bearing 500K working capital loan facility to its other wholly owned subsidiary. In order to comply with the State Aid requirement, the Council would have to offer the loan facility at a commercial interest rate, the calculation for which was stipulated by the regulation. The Council s current rate of return on its investment was 0.76%. Hence, by lending at the commercial rate, the Council would achieve a better rate of return, albeit at the risk of an unestablished trading record of a newly-formed company.
-EX 49- The Executive could have decided not to recommend the offer of a loan facility to HDL. However, as this would have meant the company would be unable to commence trading and would not be able to generate revenue to support the Council s General Fund, this option was not supported. The Chairman declared an interest in this item as a Council-appointed Director of Elstree Film Studios. He emphasised the need for the Council to be equitable on both sides regarding the interest rate charged and in relation to the loan facility to its other subsidiary. The Environment and Transport Portfolio Holder expressed his support for the proposal. He pointed out that, whilst there were inherent risks involved, there could also be substantial rewards to the Council. He said that he was confident that the carefully selected board membership for the company would ensure good management of risk. (Action: Director of Resources) 55.4 PURCHASE OF PROPERTY IN BOREHAMWOOD Decision that: 1. subject to approval of the detailed costings in Report EX/16/78 in part II of the agenda, the Director of Environment, in consultation with the Portfolio Holder for Finance, Property and Economic Development, be authorised to purchase and refurbish a vacant one-bedroom flat with an extended lease in Borehamwood, Hertfordshire for the purposes of providing temporary housing accommodation, funding to be from the Council s Innovation and Investment reserve; and 2. the exact term for the lease extension to be determined by the Director of Environment in consultation with the Finance, Property and Economic Development Portfolio Holder. The decision would ensure that the property was brought back into use and utilised as temporary accommodation for which there was an urgent need within the Borough, thereby helping to reduce temporary accommodation costs for the Council.
-EX 50- In short, the decision had the combined benefits of maximising the Council s asset potential through revenue income generation, improved asset value, reducing reliance on nightly paid accommodation and meeting social housing needs. The sale of the site would allow the proposed development to proceed and the Council to receive an appropriate capital receipt. Allowing the property to remain empty would cause it to fall into further disrepair, potentially causing serious damage to the neighbouring property and adversely affecting the amenity of the local area. As a local authority, the Council had a statutory duty to make sure empty homes were bought back into use. In addition, the option of taking no action would do nothing to assist the current demand for temporary accommodation within the Borough. Since claimants currently had to be placed in other boroughs at night rates, there was a cost to the Council. This option was therefore not supported. The non-executive Member suggested that a lease of 120 years would be of more benefit to the Council than the minimum 99 years cited in paragraph 2.1 of the report. His proposal was supported by the Executive and Officers asked to investigate this possibility. (Action: Director of Environment/Estates Surveyor/Private Sector Housing Co-ordinator) 56. NON-KEY DECISIONS 56.1 PERFORMANCE MONITORING FOR QUARTER 2 2016/17 Decision that the Council s performance for Quarter 2 of 2016/17 (July to September 2016), as detailed in Report EX/16/71 and its appendix, be noted. Quarterly monitoring of performance indicators formed part of the Council s Performance Management Strategy. The Strategy itself provided a framework that enabled the Council to measure progress against the delivery of its Corporate Plan priorities and the actions being undertaken and to also update Members on the risks associated with those actions.
-EX 51- The statistics provided Members with an overview of the Council s performance across the Quarter and were a means of capturing high level performance information across the organisation and of highlighting areas where performance was not matching targets or expectations along with any remedial action that was being taken to address the issues. The decision could be made not to undertake performance monitoring and hence not to provide this information to Councillors and members of the public. However, as Members would lose the benefit of a rolling overview of the Council s overall service performance, this option was not supported. The Executive examined the Council s performance statistics for the second Quarter of 2016/17 covering the period 1 July to 30 September 2016. Approximately 80% of the targets were classed as green (target achieved or exceeded); 15% as red (target not met); and 5% as amber (target only just missed). Members were pleased to note that the figures represented an improvement on those for Quarter 1. The Environment and Transport Portfolio Holder drew Members attention to reference CS01 (complaints about waste and recycling - agenda page 172) which indicated that 31 complaints had been received in Quarter 2. He pointed out that, since over 1 million collections were made in one 13-week period, this represented a very good statistic and showed that the Council was striving for perfection. Referring to P&CE4b (total number of people accessing Elstree and Borehamwood Museum), the Leisure, Culture and Health Portfolio Holder reported on a fascinating exhibition currently being held at the museum which was proving very popular with local children. She reiterated that the museum attendance targets were projections based on visitor numbers in previous years and as such could be misleading. Her congratulations went to all of the museums in Hertsmere which she considered were doing an excellent job. 56.2 BUSHEY BOWLING CLUB, KING GEORGE RECREATION GROUND, BUSHEY - LEASE ARRANGEMENTS Decision that the surrender of the existing lease be accepted and a new lease granted to the existing tenant for a term of 30 years.
-EX 52- The decision would enable the tenant to apply for grant funding and help to secure the continued use of the facilities in the medium term. Specifically, applications for grant funding should be made during this financial year and the new lease should be in place at the time the tenant s applications are made. None realistic. The Chairman pointed out an error in the report s recommendation whereby the grant of a new lease was not in fact dependent on the obtaining of grant funding. He said that, conversely, the tenant would need to be in possession of a lease in order to be able to apply for grant funding. He therefore suggested that the words subject to the tenant obtaining grant funding be deleted from report paragraph 1.1 together with the last sentence of paragraph 2.1. The Leisure, Culture and Health Portfolio Holder supported this change and paid tribute to the tenants of this successful, thriving club which had members of all ages. (Action: Senior Estates Surveyor) 56.3 APPOINTMENTS TO OUTSIDE BODIES - SHENLEY PARK TRUST Decision that: 1. Councillor Quilty be appointed as a Council representative on Shenley Park Trust to May 2019; and 2. it be noted that, where an appointee ceases to be a Member of the Council before his/her term of office on the Committee expires, the appointment will cease forthwith. To ensure that the Council continued to have full representation on this outside body. The Executive could have determined not to appoint a replacement representative. However, as this would have reduced the Council s
-EX 53- representation on this outside body and potentially affected the working relationship between the Council and this body, this option was not supported. (Action: Principal Democratic Services Officer) 57. DATE OF NEXT MEETING Noted that the next meeting of the Executive was scheduled to be held on Wednesday, 14 December 2016 at 6.00pm. 58. EXCLUSION OF THE PUBLIC RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I, Schedule 12A to the said Act:- Part II Agenda Item Paragraphs in Schedule 12A 1. KEY DECISIONS 1.1 Car Park Refurbishment Phase 3 3 Award of Contract 1.2 Purchase of Property in Borehamwood 1, 2 and 3 2. NON-KEY DECISIONS 2.1 Replacement of Current Vending Machines 3 59. CAR PARK REFURBISHMENT PHASE 3 - AWARD OF CONTRACT Decision that the detailed content of Report EX/16/65 be noted prior to the decision at Minute 55.2 above. As outlined in Minute 55.2 above. As outlined in Minute 55.2 above. (Action: Project Engineer, Engineering Services)
-EX 54-60. PURCHASE OF PROPERTY IN BOREHAMWOOD Decision that the detailed content of Report EX/16/78 be noted prior to the decision at Minute 55.4 above. As outlined in Minute 55.4 above. As outlined in Minute 55.4 above. (Action: Estates Surveyor/Private Sector Housing Co-ordinator) 61. REPLACEMENT OF CURRENT VENDING MACHINES Decision that: 1. based on the evaluation criteria set out in the appendix to Report EX/16/61, a contract for replacement of the current vending machines be awarded to Selecta; and 2. one-off capital expenditure to purchase the new vending machines for key locations in the Civic Offices and Potters Bar depot be met from the Civic Offices sinking fund reserves. The recent scrutiny review of Resilience and Income Generation Opportunities for the Council s services (RIGO) had recommended making improvements to the vending machines outside the Council s committee rooms to include snacks as well as hot drinks. This, together with the ongoing maintenance problems associated with the current machines, had led to the proposals for replacement of the machines, as detailed in the report. In terms of choice of provider, the contract was awarded to the highest scoring bidder based on the evaluation criteria in the procurement exercise. The successful company was considered to be the most appropriate and cost effective for meeting the Council s requirements and provided services to both the private and public sector, including many local authorities. The Council could have chosen to continue with the existing vending machines. However, since it was envisaged that the current machines
-EX 55- could soon fail completely with no prospects of repair, this option was not supported. Alternatively, new machines could be leased rather than bought but, as this option would be more expensive for the Council, it was not supported. Another option was to dispense with the vending machines entirely. However, in excess of 3,000 sales per month were made from the machines and they were well used by staff, elected members, visitors and tenants. In addition, as the committee rooms were let out for external meetings, it was important that the Council provided fully functioning vending machines with a good amount of choice. For these reasons, this option was not supported. The Director of Resources clarified that the proposed modest increase in the price of the instant drinks from 20p to 30p per sale would cover the Council s running costs and allow the Council to break even. (Action: Head of HR and Customer Services/Customer Services Operations Manager) CLOSURE: 6.47 pm CHAIRMAN