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Agenda and minutes

Venue: Committee Rooms A, B and C, Civic Offices, Elstree Way, Borehamwood

Contact: Jenny Smith 

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Items
No. Item

115.

Communications and Apologies

(a)            Communications (if any) relating to business on the agenda.

 

(b)               Apologies for absence.

Additional documents:

Minutes:

The Chairman welcomed Members and Officers to the meeting and advised that, in accordance with normal procedure, the meeting was being webcast.

 

He announced that he had received notification of a late item of confidential business entitled Isopad House Equity Share Units.  Copies of the report (EX/18/44) would be tabled and the matter considered at agenda item 13, part II item 3.1.  The reason for urgency was that any delay would result in financial detriment to the Council and potential community detriment.

 

 

116.

Declarations of Interest (If any)

Members are required to declare any disclosable pecuniary interests they or their spouse/partner have in any matter which is to be considered at this meeting.  Members must also declare any other pecuniary or non-pecuniary interests they have in any matter to be considered at this meeting. The responsibility for declaring an interest rests solely with the member concerned.

 

Members must clearly state to the meeting the existence and nature of any disclosable pecuniary interest, other pecuniary interest or non‑pecuniary interest and the agenda item(s) to which it/they apply.

 

Disclosable Pecuniary Interests are prescribed by the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 as follows;

 

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

 

 

 

Sponsorship

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by a member in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

 

Contracts

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

 

 

Land

Any beneficial interest in land which is within the area of the relevant authority.

 

 

Licences

Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

 

Corporate tenancies

Any tenancy where (to the member’s knowledge) - (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

 

 

Securities

Any beneficial interest in securities of a body where - (a) that body (to the member’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In cases of disclosable pecuniary interest, Members must withdraw from the meeting room while the matter is being considered.

 

Additional documents:

Minutes:

No Members had an interest to declare in any of the items of business on the agenda.

 

 

117.

Speeches by Non-Executive Members

Non-executive members attending the meeting are reminded that a non-executive member may speak for a maximum of three minutes on any item on the agenda, with a maximum of five members per item (no more than two from any one Group).

Additional documents:

Minutes:

The Chairman advised that the usual arrangements for speeches by non‑Executive Members applied at this meeting.

 

 

118.

Minutes pdf icon PDF 118 KB

To confirm and sign the minutes of the meeting of the Executive held on 21 March 2018.

 

No discussion shall take place upon the minutes, except upon their accuracy.

 

 

Additional documents:

Minutes:

The minutes of the meeting of the Executive held on 21 March 2018 were approved and signed as a true record.

 

 

119.

Key Decisions

Additional documents:

119.1

Housing Allocation Policy pdf icon PDF 305 KB

The Executive is asked to approve the Council’s Housing Allocation Policy as set out in Appendix B to the report.

 

Additional documents:

Minutes:

Decision that the Housing Allocation Policy, as set out in Appendix B to the report, be recommended to the Council for adoption.

 

Reasons for the Decision

 

The current Housing Allocation Policy had been in place since April 2013 and had been reviewed over the last six months with a resulting number of revisions as proposed in Appendix A to the report.

 

The review had identified three areas of policy that required revision, namely the removal of community contribution as a recognised housing need, the size of property that a household could be allocated and amendments to the local connection rules.

 

It was considered that the revised policy would make better use of limited housing stock and reduce the number of households in temporary accommodation. This would also ensure a better supply of one-bedroom accommodation to assist the Council in meeting the new duties prescribed in the Homeless Reduction Act.

         

Alternative Options Considered and Rejected

 

To retain the current policy.  However, the impact of this option would be:

 

·      to increase the length of time that households with a very young or unborn child spent in temporary accommodation;

 

·      a continued shortage of larger accommodation for families in housing need; and

 

·      the risk of legal challenge.

 

For these reasons, this option was not supported.

 

Key Points Arising from the Discussion

 

·       Members welcomed the more generous approach taken by this Council with regard to bedroom eligibility criteria when compared with other local authorities.

 

(Action:  Housing Options Manager)

 

 

119.2

Award of Contract for Footway Surfacing - Meadow Park pdf icon PDF 2 MB

The Executive is asked to award a contract for footpath surfacing at Meadow Park.

 

Additional documents:

Minutes:

Decision that the contract for footpath surfacing at Meadow Park be awarded to KB Industries UK Limited, subject to approval of the costings outlined in part II report EX/18/20.

 

Reasons for the Decision

 

Following an open competition, KB Industries UK Limited had submitted the only compliant tender and its proposals were considered to be both satisfactory and within the cost estimate.  It was noted that the successful company had previously laid new footpaths at Mary Forsdyke Garden and Warren Lake with the same material as well as undertaking work for other local authorities. 

 

Alternative Options Considered and Rejected

 

Not proceeding with the scheme would leave the paths unfinished which would pose a potential health and safety risk for park users.  Accordingly, that option was not supported.

 

(Action:  Head of Street Scene Services)

 

 

119.3

Vehicle Maintenance Contract pdf icon PDF 67 KB

The Executive is asked to award the contract for the Council’s Vehicle Maintenance.

 

Additional documents:

Minutes:

Decision that, subject to approval of the tender criteria and scoring set out in part II report EX/18/32, the contract for vehicle maintenance be awarded to Go Plant Limited Industries UK Limited for a five-year period commencing on 1 August 2018 with an optional two-year extension.

 

Reasons for the Decision

 

The contract had been procured in compliance with the Contract Procedure Rules, Public Contracts Regulations 2015.

 

The contract was awarded to the company who had provided the best overall bid against the published evaluation criteria, as set out in the associated report in part II of the agenda.   

 

Alternative Options Considered and Rejected

 

The decision could have been made to operate the service in-house.  However, it was considered that the Council did not have the infrastructure, resilience or knowledge to support such an operation.  This option was therefore not supported.

 

(Action:  Procurement Manager)

 

 

120.

Non-Key Decisions

Additional documents:

120.1

Building Control - Delegation of Non-Delegable Functions to LA1 pdf icon PDF 72 KB

The Executive is asked to delegate, in accordance with the relevant legislation, the power to Three River District Council to discharge the ‘non‑delegable’ executive functions identified in the Hertfordshire Building Control collaborative venture Business Plan approved by the Executive in March 2016.

 

 

Additional documents:

Minutes:

Decision that:

 

1.     pursuant to Section 9EA(1)(a) of the Local Government  2000 (as amended) and Regulation 5 (1) and (2)(a) and  Regulation 8 of the Local Authorities (Arrangements for Discharge of Functions) (England) Regulations 2012, the power be delegated to Three River District Council to discharge the ‘non-delegable’ executive functions identified in the Business  Plan approved by the Executive on 16 March 2016 (‘the functions’) on condition that, if it has not already done so, the full Council of Three Rivers District Council resolves to accept the delegation of the functions and arrange for their discharge by an officer of Three Rivers District Council;

 

2.     the delegation of the functions to Three Rivers District  Council  shall continue until the sooner of:

 

a)    the date that Three Rivers District Council ceases to act as the Delegated Authority, as defined in the Inter-Authority Agreement to be entered into by the Council, Three Rivers District Council, Broxbourne Borough Council, East Hertfordshire District Council, North Hertfordshire Borough Council, Stevenage Borough Council  and Welwyn Hatfield Borough Council, together called ‘the Partner Authorities’; 

 

b)    the date of expiry of any Termination Notice given by the Council in accordance with the terms of the Services Agreement dated 17 August 2016 entered into by the seven Partner Authorities and Broste Rivers LA7 Limited, now called Hertfordshire Building Control Limited (HBCL);

 

c)     the date of expiry of any notice in writing given by the Council to Three Rivers District Council terminating the delegation of the functions; and

 

3.     a further report be received by the Executive following the completion of an Inter-Authority Agreement regulating the relationships between the seven partner authorities and a Shareholder Agreement regulating the relationship between the seven partner authorities and Broste Rivers Limited.        

 

Reasons for the Decision

 

The decision would enable Three Rivers District Council to undertake the so called ‘non-delegable’ building control functions on behalf of Hertsmere Borough Council, including the discharge of statutory functions in relation to dangerous structures and the setting of fees for applications through an annual charging scheme.

 

In addition, the completion of a Shareholder Agreement would regulate the relationship between the seven partner authorities and Broste Rivers Limited, the parent company  that  held all  the shares in HBCL and  an ‘out of area’  building control services trading company, now called The Building Control (Hertfordshire) Company Limited (BCHCL).

 

Alternative Options Considered and Rejected

 

The Council could have declined to delegate the discharge any of its non-delegable building control functions to Three Rivers District Council. This would, for example, require the Executive to continue to set building control application fees for the Borough through an annual charging scheme and there  was a real risk that over time these would differ from the charges levied elsewhere in the administrative areas of the partner authorities, thus adding complexity and cost to the billing systems operated by HBCL.

 

It would also require the Council to identify an in-house resource to secure the discharge of the non-delegable functions, resulting in further costs and inefficiencies as  ...  view the full minutes text for item 120.1

120.2

Award of Construction Framework Contracts pdf icon PDF 110 KB

The Executive is asked to approve the Council’s entry into a construction framework, as set out in the report.

 

 

Additional documents:

Minutes:

Decision that:

 

1.     entry into the construction framework be awarded as follows:

 

           Lot 1 – Construction value up to £1 million:

 

           Framework Contractors:

 

·     Borras Construction Limited

·     Mears New Homes

·     Procare Group Limited

 

          Reserves:

 

·     Phelan Construction Limited

·     Glenman Corporation Limited

 

Lot 2 – Construction value over £1 million:

 

    Framework Contractors:

 

·     Borras Construction Limited

·     Jeram Falkus Construction Limited

·     Mears New Homes

 

          Reserves:

 

·     Hill Partnerships Limited

·     Glenman Corporation Limited; and

 

2.     a decision on the award of each call-off contract be delegated to the Chief Executive in consultation with the Portfolio Holder  for Finance, Property and Economic Development.

 

Reasons for the Decision

 

The decisions would enable the Council to achieve speedier procurement which in turn would result in faster delivery of development.  The establishment of a construction framework contract had been recommended by the East of England Local Government Association (EELGA) in its Asset Management Peer Review.

 

Alternative Options Considered and Rejected

 

The decision could have been taken to continue to undertake procurement on an ‘ad hoc’ basis.  However, as this was a far slower method of delivery, this option was not supported.   

 

 

Key Points Arising from the Discussion

 

·       The Finance, Property and Economic Development Portfolio Holder advised that the current practice, involving a separate procurement process for each project, could take up to nine months (report paragraph 5.3 refers).  He said that not only was this time consuming but only successful companies tended to bid which meant a reduced pool.  He also highlighted for Members’ particular attention paragraph 6.3 which set out the detailed tender results.

 

(Action:  Procurement Manager)

 

 

121.

Exclusion of the Public

Recommendation 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           Award of Contract for Footway Surfacing –                 3

Meadow Park

 

1.2     Vehicle Maintenance Contract                                    3

 

 

2.       NON-KEY DECISIONS

 

2.1     None.                                                                                                                                                                     

 

 

Additional documents:

Minutes:

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           Award of Contract for Footway Surfacing –                           3

Meadow Park

 

1.2     Vehicle Maintenance Contract                                              3

 

2.       NON-KEY DECISIONS

 

2.1     None.

 

122.

Date of Next Meeting

The next meeting of the Executive is scheduled to take place at 6pm on Wednesday, 16 May 2018 at the Civic Offices, Elstree Way, Borehamwood.

 

 

Additional documents:

Minutes:

Noted that the next meeting of the Executive was scheduled to be held on Wednesday, 16 May 2018 at 6.00pm.

 

 

123.

Award of Contract for Footway Surfacing - Meadow Park

Report of Officers.

 

Minutes:

Decision that the tender details set out in part II report EX/18/20 be noted and approved prior to the decision at Minute 119.2 above.

 

Reasons for the Decision

 

As set out in Minute 119.2 above.         

 

Alternative Options Considered and Rejected

 

As set out in Minute 119.2 above.         

 

(Action:  Head of Street Scene Services)

 

 

124.

Vehicle Maintenance Contract

Report of Officers.

 

 

Minutes:

Decision that the evaluation of the tender details set out in part II report EX/18/32 be noted and approved prior to the decision at Minute 119.3 above.

 

Reasons for the Decision

 

As set out in Minute 119.3 above.         

         

Alternative Options Considered and Rejected

 

As set out in Minute 119.3 above.         

 

(Action:  Procurement Manager)

 

 

125.

Any Other Confidential Business Which The Chairman Considers Urgent

Additional documents:

125.1

Isopad House Equity Share Units

Minutes:

Decision that

 

1.     the approach proposed in section 6 to the report, to convert the equity share units in Liberty Court (Formerly Isopad House and Hertsmere House) to affordable rented units, subject to the Planning Committee agreeing to vary the obligations in relation to affordable housing provision set out within Schedule 2 Part 1 of the Section 106 agreement (signed and sealed on 8 October 2013) and the Deed of Variation (dated 29 September 2016) in relation to application TP/13/1307, be approved; and

      

2.     the proposal to submit a funding bid to Homes England to support the approach be agreed and that, in the event of not being able to secure grant aid, Section 106 Affordable Housing Commuted Sums funding, as outlined in the report, be utilised.

 

    Reasons for the Decision

 

To provide a viable alternative scheme for Liberty Court to allow the conversion of the equity share units to affordable rented units.

 

The Executive gave its approval to the proposals set out in the report to enable the acquisition of the 20 equity share units by the Tamil Community Housing Association (TCHA) for use as affordable rented units with the Council retaining nomination rights in perpetuity. 

 

To facilitate the conversion to affordable rented units, a subsidy was required against the affordable rented value of the 20 flats.  It was therefore agreed that a joint approach should be made to Homes England for grant support.  However, in the event of grant funding not being awarded, the Council and TCHA would need to jointly fund the subsidy requirement.  To cover this possibility, the decision was made to allocate the relevant sum from the Section 106 Affordable Housing Commuted Sums reserve.

   

    Alternative Options Considered and Rejected

 

The Executive could have determined not to approve the suggested approach and to proceed with the sale of three of the equity share units which had been reserved and allow the developer to dispose of the remaining 17 properties on the open market, as provided for in the Section 106 agreement. 

 

Whilst this would provide a financial return to the Council and retain the 20% equity share in the three units, it would not provide any additional units of affordable or social rented housing through the planning process, as originally intended. 

 

    Key Points Arising from the Discussion

 

·         The Chief Executive and Head of Legal and Democratic Services explained in further detail the reason for urgent consideration of this matter, as referred to under Communications at agenda item 3 (Minute 115 above) and confirmed that the necessary constitutional approvals had been secured.

 

·       The Planning and Localism Portfolio Holder thanked the Head of Partnerships and Community Engagement for her work on this proposal.  He said that he greatly welcomed this good news story which made both financial and social sense and would result in the provision of at least 20 high quality social housing units in Borehamwood funded out of Section 106 monies.  His views were echoed by the Housing Portfolio Holder.

 

·       The Finance, Property and Economic Development  ...  view the full minutes text for item 125.1