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Agenda and draft minutes

Venue: Council Chamber, Civic Offices, Elstree Way, Borehamwood. View directions

Contact: Marie Lowe 

Webcast: View the webcast

Items
No. Item

70.

Communications and Apologies

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

 

(b)          Apologies for absence.

Additional documents:

Minutes:

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

 

The Chair announced that the reports in relation to Item 13.2 – Proposed Works in Default for House in Serious Disrepair at Borehamwood, Herts (EX/20/26) marked ‘To follow’ had been circulated separately to the agenda and Item 13.3 – Update on Organisational Change (EX/20/33) together with the minute from the meeting of the Personnel Committee held on 4 March 2020 would be circulated and collected in the meeting.

 

Apologies for absence have been received from Councillors Graham, Heywood, Morris and Quilty.

71.

Exclusion of the Public

Recommendation that under S100A(4) 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

 

            KEY DECISIONS

 

13.1.   Decking of Civic Office Car Park                          3

 

13.2.   Proposed Works in Default for House                 1, 2, 3 and 6

            in Serious Disrepair at Borehamwood,

            Herts

 

            13.3    Update on Organisational Change                      1 and 2

 

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

 

            KEY DECISIONS

 

Decking of Civic Office Car Park                                3

 

            Proposed Works in Default for House                       1, 2, 3 and 6

in Serious Disrepair at Borehamwood,

Herts

 

Update on Organisational Change                           1 and 2

72.

Update on Organisational Change (EX/20/33)

Approval is sought for the proposals set out in the report of Officers.

Minutes:

Decision that:

 

1.    The recommendation of the Personnel Committee to delete the post of PA to the Chief Executive and terminate the post holder’s employment on grounds of redundancy with effect from 6 April 2020, subject to the Executive approving the financial implications, be agreed;

 

2.    The recommendation of the Managing Director to streamline the Council’s largest Service Grouping to improve resilience and succession planning be noted; and

 

 

3.    The Head of HR and Customer Services, in consultation with the Managing Director, has initiated formal consultation with staff affected by the proposals, be noted.

 

 

Reasons for the Decision

 

The report sets out the proposals of the Managing Director for the adjustments to the permanent support roles in the Corporate Suite to provide long term resilience and to further improve organisational efficiency by adjusting the allocation of responsibilities between posts reporting to the Chief Officers, together with the outcomes of informal consultation with stakeholders carried out by the Head of HR and Customer Services.

 

Approval is sought for the financial implications and implementation of the proposals, subject to the outcome of formal consultation with staff affected.

 

Alternative Options Considered and Rejected

 

Alternative options considered and rejected were detailed in the report of Officers.

72.1

Decking of Civic Office Car Park(EX/20/17)

The report seeks approval for the award of contract for the design and construction of a decked carpark at the Civic Offices Car Park, following an open tender process carried out in accordance with HBC procurement procedures.

 

Minutes:

Decision that:

 

1.    The award of contract for the decking of the Civic Car Park to the contractor named in the report of Officers be approved; and

 

2.      The sum as identified in item 5.10 of the report from the approved capital budget be approved.

 

Reasons for the Decision

 

The Civic Centre car park has a current capacity of 400 spaces, is well use and full to capacity on most normal working days.

With continued development of the Elstree Way Corridor, including the old Police Station, parking demand will continue to increase and the current provision will become increasingly inadequate.

It is acknowledged that car usage in Hertsmere is high, and that the public transport links across the borough are poor, especially when compared to that in nearby London Boroughs. When visiting the Council residents from surrounding settlements will continue to drive to Borehamwood until public transport improves.

The proposed decking would cover part of the exiting car park, limited to a single deck (to minimise the impact on neighbouring properties) and will provide 211 additional spaces (see appendix 1).

Alternative Options Considered and Rejected

 

The Council could decide not to award a contract and continue with the existing car park provision. However parking will become increasingly unavailable and in turn may have a negative impact on the Council, surrounding businesses, on street parking and neighbours.

Key Points Arising from the Discussion

The Managing Director, in response to comments received from the Non-Executive Member, gave assurances that during the construction phase of the proposed project extensive provision would be made for electric car charging and allocated car sharing spaces would be made available.

 

 

72.2

Proposed Works in Default for House in Serious Disrepair at Borehamwood, Herts (EX/20/36)

The report recommends that Executive agrees funding to enable works to be completed in order to make a property safe, preventing risk of further damage or substantial injury to the owner occupier, neighbours or the public.

 

Minutes:

Decision it be noted that:

 

1.    Officers acting under delegated powers have served improvement notices under Sections 11 and 12 of the Housing Act 2004 (the Improvement Notices) in relation to the residential premises identified in the exempt report (the specified premises)  due to the existence on those premises of Category 1 and Category 2 hazards;

2.    The Improvement Notices have become operative and have been registered as a Local Land Charge against the specified premises;

3.    The person served with the Improvement Notices has failed to take any of the remedial actions required by the Improvement Notices and that the Council is thereby authorised to enter the specified premises to take such action at an estimated cost of up to £100,000;

4.    The Council will be entitled to recover all the expenses incurred in taking such remedial action from the person served with the Improvement Notices; and

5.    In accordance with Schedule 3 of the Housing  Act 2004 the expenses incurred in taking remedial action together with interest thereon shall become a charge on the specified premises giving the Council all the powers and remedies of a mortgagee, including a  power of sale.  

6.    The Executive agrees that the Council takes all lawful and necessary steps:-

                          i.to enter the specified premises to carry out the remedial action required by the Improvement Notices;

                         ii.to recover the expenses incurred in carrying out such  remedial action   together with interest thereon from the person served with the Improvement Notices;

                       iii.to ensure that that the specified premises are charged with such expenses and interest as security for the amounts due to the Council; and

                       iv.should the officers at any time be considering compulsory purchase of the specified premises, a further report be brought back to the Executive.

Reasons for the Decision

The property concerned is a privately owned three bedroom terraced house in Borehamwood which has fallen into serious disrepair with at least one serious leak in the roof, water leaks, damp and mould growth, unstable roof, collapsed ceilings and floors likely to fall.

Two Improvement Notices have been issued and served on the owner of the premises pursuant to Section 11 and 12 Housing Act 2004 which demanded that he carries out remedial  works  to the premises.  However the remediation works should have been commenced by the owner of the property in November 2019.  This has not occurred and in the opinion of the case officer, is unlikely to occur given that the premises owner has been uncooperative to date.

Some of the disrepair has been assessed as a Category One hazard which placed the Council under a duty to serve an improvement notice and carry out works in default should the person served with the notice fail to carry out the required remedial action.

The proposal is to secure entry to the premises and engage the services of skilled builders to complete in default the works required by the Improvement Notices, being works to the roof, ceilings, floors,  ...  view the full minutes text for item 72.2

73.

Presentations

(a)    To receive presentations (if any) made in accordance with Council Procedure Rules relating to Petitions

 

In accordance with these Rules:-

 

(i)         no presentation shall exceed five minutes; and

 

(ii)        consideration of the subject matter will normally take place at the next ordinary scheduled meeting of the Executive and not at this meeting;

(b)    any motions by Members of this body relating to the order of business on the agenda.

Additional documents:

Minutes:

The Chair announced that there were no presentations to be made.

74.

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 declarations were made.

75.

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 Chair advised that the usual arrangements for speeches by non-Executive Members applied at this meeting.

76.

Minutes pdf icon PDF 187 KB

To confirm and sign the minutes of the meeting of the Executive held on 12 February 2020.

 

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

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 12 February 2020 be approved and signed as a correct record.

77.

Recommendations from Scrutiny Committees

No recommendations have been received from the Scrutiny Committees.

Additional documents:

Minutes:

It was noted that no recommendations from the Scrutiny Committees had been received.

 

78.

Waste Reduction Initiatives (EX/20/05) pdf icon PDF 291 KB

The report recommends to Council the enforcement of the single bin policy limiting the collection of residual waste collection from house and seeks approval for a community engagement action plan for flatted developments aimed at improving recycling.

 

Additional documents:

Minutes:

Decision that:

 

1.    Full Council be recommended to note the enforcement of the single bin policy limiting the collection of residual waste to a single 240litre bin on a fortnightly collection from houses, larger (360 litre) bins are available for families of 5 or more, from a future date to be agreed; and

 

2.    A community engagement action plan for flatted developments aimed at improving recycling, as set out in Appendix 1 of the report of Officers be agreed in principle and a further report be brought back to the Executive on an appropriate date.

 

Reasons for the Decision

 

One of the key ways in which the Council can affect an immediate change in the production of greenhouse gases is to reduce the amount of waste that goes to landfill by limiting residual waste to a single bin collection and therefore encourage and enhance recycling.

 

The majority of houses in the borough have a single bin for residual waste, however there are some houses who present more than one on a regular basis. This directly affects the amount of non-recyclable waste collected and does not encourage those residents to recycle.

 

The enforcement of the single bin policy will also be in keeping with the consistent household collection requirement, as it will bring the Council in line with the other council collection authorities in Hertfordshire.  All of the other council collection authorities in Hertfordshire operate and enforce a single bin collection policy.

 

Across the nation, flatted developments are a challenging area to minimise contamination. They are a difficult area to bring into any recycling scheme and the Council needs to continue to engage with managing agents and owners to help improve the participation and eliminate contamination.  Older flatted developments do not have the same receptacles as modern developments.

 

Alternative Options Considered and Rejected

 

Maintain the status quo and not introduce the recommended proposals.  However, this would not assist the climate change agenda and the Council would be at risk of not achieving the forthcoming statutory recycling targets by 2035.  Additionally, in light of heightened public awareness, this carries reputational risk.

 

Key Points Arising from the Discussion

 

During the discussion which ensued, Members expressed the view that the enforcement of the single bin policy and the community engagement action plan for flatted developments be agreed in principle.  However, Members concurred with the view that, in light of the crisis faced by the nation at this time the implementation of the initiatives should be deferred until a future date. 

 

Members agreed that residents should be made aware of the future plans to implement and enforce the one bin policy but that its implementation should be agreed by the Executive and Full Council.

 

The wording of the community engagement action plan for flatted developments aimed at improving recycling should be strengthened and the responsibility of flat owners, landlords and managing agents made clear.  Poor recycling rates by flats seriously affected the Council’s performance in this area.  However, the Council had a responsibility to provide  ...  view the full minutes text for item 78.

79.

Ely Garden Tree Removal - Information Item (EX/20/29) pdf icon PDF 296 KB

To note the report and required actions in relation to Ely Garden Trees and the petition received from residents.

 

Additional documents:

Minutes:

Decision that:

 

1.    The petition and the answers provided by the Officers be noted.

 

2.    The conclusions of the Officer as detailed in the report and technical papers be noted.

 

3.    The decision of the Officer as regards the required actions, namely the felling of one oak tree and re-planting of four trees at Ely Gardens, Borehamwood as explained in the main body of the report be noted.

 

Reasons for the Decision

 

Following extensive discussions with the council’s insurers it is recommended that the Council removes one oak tree and replants with four trees of low water demand such as Liquidambar, Birch or Hornbeam in Ely Gardens, due to the subsidence damage being caused by their roots, all possible options have been considered.

 

The overarching rationales for the officer’s recommendation together with the details of all possible options are set out in the report of Officers. 

 

Alternative Options Considered and Rejected

 

All possible alternative options have been considered and discounted.

 

Key Points Arising from the Discussion

 

The Chair and Non-Executive Member both agreed that the Council should aim for better communication and consultation with residents as early as possible.

80.

2020 Vision Performance Report for Quarter 3 2019/20 (EX/20/34) pdf icon PDF 100 KB

The report sets out the performance of the Council over Quarter 3 2019/20 (October – end December 2019), against the Quality Service Indicators, the agreed 15 key performance targets which reflect the key services delivered by the Council.

 

Additional documents:

Minutes:

Decision that the Quarterly Performance Indicator Report attached at Appendix A of the report be noted.

 

Reasons for the Decision

 

The quarterly monitoring of performance indicators forms part of the Council’s Performance Management Strategy.

 

Alternative Options Considered and Rejected

 

There were not alternative options to be considered.

 

Key Points Arising from the Discussion

 

Members congratulated all staff in their efforts on achieving all green indices in this period.

 

81.

Community Lottery Proposal (EX/20/32) pdf icon PDF 322 KB

The report seeks agreement for the approval of the Council to set up a Community Lottery Scheme for Hertsmere and suspension of the Contract Procedure Rules to enable the appointment of Gatherwell Ltd to be appointed as the External Lottery Manager.

 

Additional documents:

Minutes:

Decision that:

 

1.    Full Council be recommended that a Community Lottery for Hertsmere be established for local good causes and approves the criteria, as set out in para 7 of the report, for registering organisations as beneficiaries.

 

2.    Subject to the Council approval to proceed with the Community Lottery Scheme, the Executive agrees:

 

                         i.        the one off set-up funding of £5,000 and the ongoing annual Licence and Lotteries Council membership costs of £1,045 are provided from the Partnerships and Community Engagement revenue budget provisions for support to the voluntary sector;

 

                       ii.        to delegate authority to the Head of Partnerships, Community Engagement and Housing, in consultation with the Portfolio Holder for Leisure, Culture and Health, to agree the policies and procedures necessary to fulfil the conditions for obtaining a licence from the Gambling Commission and the process for the allocation of the lottery central fund income.

 

                      iii.        to nominate the Head of Partnerships, Community Engagement and Housing to hold the Gambling Commission licence on behalf of the authority.

 

                      iv.        to the suspension of the Contract Procedure Rules, as provided for in para. 10.1.9 of the Rules, to enable Gatherwell Ltd to be appointed as the External Lottery Manager.

 

Reasons for the Decision

 

The purpose of establishing a local community lottery is to provide a vehicle to generate additional resources for local good causes.

 

After seeking advice of the Procurement Manager, it has been recommended to seek suspension of the Contract Procedure Rules to enable the appointment of Gatherwell Ltd. as the External Lottery Manager on behalf of the Council.

 

The Contract Procedure Rules acknowledge that the market place or extenuating circumstances does not always allow the procedures to be followed.  Subject to compliance at all times with European procurement rules, contracts can also be entered into in the following circumstances:

 

Para. 10.1.9 - Where the Executive consider that Contract Procedure Rules should be suspended, following consideration of a report detailing the case for suspension.

 

The report sought agreement that Contract Procedure Rules should be suspended for the reasons as set out in para. 3.4 of the report of Officers.

 

Alternative Options Considered and Rejected

 

The Executive could chose not to establish a Community lottery for Hertsmere however it would miss the opportunity to generate funding for local good causes.

 

82.

Any Other Non-Confidential Business Which The Chairman Considers Urgent

Special arrangements relating to Key Decisions and Urgency apply (Paragraphs 15 and 16 of Section 4.2 of the Constitution - Access to Information Procedure Rules).

 

Additional documents:

Minutes:

There was none.

83.

Date of Next Meeting

The next meeting of the Executive is scheduled to take place at 6.00pm on Monday, 6 April 2020 at the Civic Offices, Elstree Way, Borehamwood.

 

Additional documents:

Minutes:

The next Executive meeting would be held before Full Council on Wednesday, 22 April 2020.  Time to be advised.