HERTSMERE BOROUGH COUNCIL EXECUTIVE. Minutes of the meeting held in Chamber, Civic Offices, Elstree Way, Borehamwood

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1 -EX 24- HERTSMERE BOROUGH COUNCIL EXECUTIVE Minutes of the meeting held in Chamber, Civic Offices, Elstree Way, Borehamwood Present: 14 September 2016 Voting Members: Councillors Bright (Chairman), Graham (Vice-Chairman), Batten, Choudhury, Dr Cohen, Heywood and Quilty Non-Voting Members: Councillors Barker, Kelly and Morris Officers: D Graham S Bijle M Bunyon P Hughes C Lyons H Shade M Silverman J Smith Chief Executive Director of Resources head of Finance and Business Services Democratic Services Manager Head of Planning and Economic Development Head of Partnerships and Community Engagement Policy and Transport Manager Principal Democratic Services Officer Other Officers in Attendance: L Kingston 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. 31. 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 the Director of Environment.

2 -EX DECLARATIONS OF INTEREST Councillor Bright declared an other pecuniary interest in agenda item 7.2 as a Council-appointed Director of Elstree Film Studios. Councillors Bright and Quilty declared disclosable interests in part II agenda item 2.2 (item 12) due to their involvement in this matter and agreed to withdraw from the meeting while the item was considered. 33. 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. 34. MINUTES The minutes of the meeting of the Executive held on 20 July 2016 were approved and signed as a true record. 35. KEY DECISIONS 35.1 PROPOSED REVISIONS TO RADLETT DISTRICT CENTRE KEY LOCATIONS PLANNING BRIEF SPD (SUPPLEMENTARY PLANNING DOCUMENT) Decision that: 1. the draft revisions to the Radlett District Centre Key Locations Planning Brief Supplementary Planning Document (SPD), as further amended below, be approved for a period of public consultation, subject to any minor amendments to be agreed by the Head of Planning and Economic Development in consultation with the Portfolio Holder for Planning and Localism; and 2. the draft revisions, as amended, to the Radlett District Centre Key Locations Planning Brief SPD be approved for interim use in the determination of planning applications made on or after 15 September It was essential that the Council had an up-to-date adopted Radlett Centre SPD due to changing national and local planning policy and the need to clarify development potentials for the four key locations in Radlett Centre.

3 -EX 26- Two further amendments to the draft SPD were agreed by the Executive at the meeting as replacing the word parish by neighbourhood was considered to be a more appropriate description of the plan (appendix, page 3 refers) and because it was considered that aspects of section 6 concerning the former fire station required some updating (appendix, pages 8 to 17 refer). Not to approve the updated Radlett Centre SPD. However, this option was not supported as the Council would not have in place an up-to-date local planning policy to guide future development of the four key locations included within the SPD. Key Points Arising from the Discussion The Finance, Property and Economic Development Portfolio Holder referred Members to two sections of the revised SPD appended to Report EX/16/37 which he proposed amendments to as follows: - paragraphs 3.2 and 3.5 Parish Plan to be replaced by Neighbourhood Plan ; and - section 6 to be updated to take account of the current situation with regard to the former fire station. The amendments were agreed. (Action: Principal Policy Planning Officer) 35.2 PROPOSED REVISIONS TO HERTSMERE PLANNING AND DESIGN GUIDE (PART D) Decision that: 1. the draft revisions to Part D of the Planning and Design Guide be approved for a period of public consultation, subject to any minor amendments to be agreed by the Head of Planning and Economic Development in consultation with the Portfolio Holder for Planning and Localism; and 2. the draft revisions to Part D of the Planning and Design Guide be approved for interim use in the determination of planning applications on or after 15 September It was essential for the Council to have an up-to-date Planning and Design Guide in order to keep abreast of changing national and local planning policy. The Design Guide was also one of the key technical

4 -EX 27- documents used by Officers, Members and applicants in the consideration and determination of development proposals. To not approve the draft revisions to the SPD. However, this option would have placed the Council in a disadvantaged position as it meant that Part D of the Planning and Design Guide would not have been updated in light of changing national and local policy and recent local contextual changes, including planning appeal decisions. (Action: Policy Planning Officer) 35.3 MICROSOFT ENTERPRISE AGREEMENT Decision that, subject to approval of the content of Report EX/16/55 in part II of the agenda and the evaluation details therein, the Council enter into a three-year Microsoft Enterprise Agreement (EA) with Phoenix Software Limited with the option to extend the agreement for a further two years (Option 1 Enterprise Agreement Renewal, report paragraph 4.1 refers). The Council s current EA was due to expire in October As Microsoft had moved to a subscription-based software licensing model, it was regarded as financially unattractive not to continue with an EA. The Council s desktop estate warranty was due to expire at the end of As it was considered reasonable to expect that the desktop estate would be fit-for-purpose for a further two years, it was agreed that the Information and Digital Services infrastructure replacement reserve should be used to fund desktop estate failure for two years. The decision would enable the EA and the desktop estate to be aligned and a fit for business replacement for the desktop estate then procured at the end of the desktop estate life. It was envisaged that the EA could be used to procure the latest appropriate Microsoft software. The decision also allowed for a review of the benefits of the agreement to be assessed at the end of the initial three years of the EA, and a decision then made to either continue with the EA for a further two years or to terminate the agreement. In addition, the EA would allow the Council to procure at a competitive price other Microsoft products that would be beneficial to the Council and aid more efficient ways of working.

5 -EX 28- Other options considered were to negotiate an Enterprise Agreement Buy Out or to undertake procurement outside of the Enterprise Agreement. However, these options were more costly and lacked the additional benefits provided by Option 1. (Action: Information and Digital Services Manager) 36. NON-KEY DECISIONS 36.1 COMMUNITY INFRASTRUCTURE LEVY (CIL) BIDS Decision that the recommendations of the Community Infrastructure Levy (CIL) Investment Panel at its meeting on 13 July 2016 be noted and the following agreed: a. Bid 1 - Hertfordshire Community NHS Trust, Potters Bar Hospital Car Park Expansion (up to 80,000) be agreed subject to the following requirements: the Trust submitting full details of the costings for this scheme, along with their tendering outcomes; the Trust refreshing its travel plans to promote the use of public transport by staff and visitors to the hospital; the Trust advising visitors to the hospital, via a leaflet or advice in appointment letters, of alternate means of transport to the car to access the hospital; the Trust managing the 20 new car park spaces to ensure they were used by staff members; and the Trust not charging hospital users for the use of car parking spaces at the hospital; b. Bid 2 - Elstree and Borehamwood Town Council, provision of PCSO s for 2016/17 ( 14,250) be not considered for approval or refusal by Hertsmere Borough Council; and c. Bid 3 - Elstree and Borehamwood Town Council, provision of Notice Board ( 3,000) be not taken forward. To enable the Council to determine the use of CIL funds in relation to the three bids submitted. The Council was the authority responsible for the collection and disbursement of CIL receipts and so must actively consider bids received from other service providers.

6 -EX 29- The reason for the decision on Bid 1 was that the approval of the proposed additional car parking, subject to conditions, would benefit the local community whilst being an appropriate use of CIL funds in the absence of sufficient funds from the Trust and other funding sources. It was considered that Bid 2 fell outside the remit of what the Council, as charging authority, could legally commit CIL finds to. Members considered that, whilst noticeboards could broadly be categorised as infrastructure, this item would be more appropriately funded through parish/town council CIL monies (parish topslice ) rather than through CIL funds allocated by this Council. The decision could have been made to also consider and approve bids 2 and 3 for the provision of Police Community Support Officer (PCSO) services and replacement noticeboards respectively. However, these options were not supported for the reasons outlined above. Key Points Arising from the Discussion The Planning and Localism Portfolio Holder reported that the Council had acquired CIL receipts of 771,871 by August, as cited in the report, but this had now risen to 900,000. He proposed approval of the Investment Panel s recommendations on the three bids submitted, drawing Members particular attention to Bid 1 in respect of the Potters Bar Hospital Car Park expansion. The Planning and Localism Portfolio Holder said that it was widely known that the hospital suffered from a severe lack of parking for both visitors and staff. He was delighted to say that the Council was the first authority in Hertfordshire to introduce CIL charging and that this evening the Executive was the first Hertfordshire authority to deliver funding for infrastructure. The Portfolio Holder added that he considered it was particularly appropriate that the Council s first CIL accepted bid was going towards such an important provider to local residents, the community hospital. Responding to a question from the Chairman, the Portfolio Holder emphasised that the Trust had no intention of charging hospital users for the use of car parking spaces at the hospital. He added that the figure recommended by the Panel should be amended to read: up to 80,000. The amendment was agreed by the Executive. (Action: Policy and Transport Manager)

7 -EX EXECUTIVE QUARTERLY REVIEW OF EFS LIMITED Decision that the report be noted. Under the Governance Agreement the Executive was required to undertake quarterly reviews of Elstree Film Studios (EFS) to enable the Executive to carry out its delegated authority on behalf of the Council. The report before Members provided the first of those quarterly updates for 2016/17 and covered analysis of the Studios financial performance and business projections including the proposed new stage and ancillary area, a condition survey of the EFS estate and the lease agreement between the Council and EFS. None as a quarterly update report, for review by the Executive, was a requirement placed on EFS under the Governance Agreement. Key Points Arising from the Discussion Further to the report and its introduction by the Finance, Property and Economic Development Portfolio Holder, the Chief Executive was pleased to report a clean bill of health for the Studios. He pointed out that the granting of the lease was still outstanding as it was dependent on completion of the condition survey commissioned by the Council (report paragraph 4.5 refers). The Chief Executive said that this was proving to be a long drawn out process but emphasised its importance as the condition of the site was one of the key considerations for all users of the Studios. The Chief Executive also highlighted for Members particular attention the need for non-executive Directors to take up formal training when made available (report paragraph 6.3 refers). The Finance, Property and Economic Development Portfolio Holder concurred that, in view of the Council s intention of establishing a development company, the need for formal training of this kind was of paramount importance. He added that Officers as well as Members serving as non-executive Directors should be urged to engage in formal training. The Chairman agreed that it was highly important to have the correct expertise in place and advised that a full update would be given at the Operations Review Committee meeting on 20 September which the Managing Director of Elstree Film Studios was due to attend.

8 -EX GRAVEL ALLOTMENTS - ESTABLISHMENT OF CORPORATE TRUSTEES Decision that: 1. the resolution of the Gravel Allotment trustees and Aldenham Parish Council that Hertsmere Borough Council and Aldenham Parish Council become a corporate trustee of the Gravel Allotment charity, be noted; 2. subject to the consent of the Charity Commission, Hertsmere Borough Council agrees to become a corporate trustee of the Gravel Allotment charity along with Aldenham Parish Council; 3. should the Charity Commission indicate that it is willing to appoint the Council as a joint corporate trustee of the Gravel Allotment charity but intends to instruct its own lawyers to draft an amended Scheme of Administration, a report be brought back to the Executive if there are direct financial implications to the Council; and 4. that the relevant portfolio holder, the Portfolio Holder for Environment and Transport (currently councillor Quilty), be appointed as a trustee in place of former Councillor Hannah David. The decision for the Council to become a corporate trustee of the Gravel Allotments charity would prevent charges being incurred when a change was made among representatives appointed by this Council or Aldenham Parish Council. This change in turn would help reduce the amount of public funds spent on administration, with no reduction in the ability of Hertsmere Borough Council or the Parish Council to participate in the affairs of this body. The decision could have been made to continue with the present situation which would have resulted in Aldenham Parish Council incurring a charge each time a vacancy arose and a nomination was made by either council. This option was therefore not supported. (Action: Democratic Services Manager) 36.4 PERFORMANCE MONITORING FOR QUARTER /17 Decision that the Council s performance for Quarter 1 of 2016/17 (April to June 2016), as detailed in Report EX/16/54 and its appendix, be noted.

9 -EX 32- 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. 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. Key Points Arising from the Discussion The Executive examined the Council s performance statistics for the first Quarter of 2016/17 covering the period 1 April to 30 June Approximately 75% of the targets were classed as green (target achieved or exceeded); 17% as red (target not met); and 8% as amber (target only just missed). The Planning and Localism Portfolio Holder pointed out that the performance in planning (agenda page 106) showed a full set of green indicators and that this was particularly pleasing in view of the 20% rise in applications since last year. He said that he would like to commend the Officers for their hard work in achieving this result. The Environment and Transport Portfolio Holder referred Members to report paragraph 2.10 regarding the seizing and crushing of a flytipper s truck during this Quarter which he considered further underlined the Council s serious response to these offences. The Leisure, Culture and Health Portfolio Holder highlighted P&CE4b (total number of people accessing Elstree and Borehamwood Museum), the only red indicator under the healthy, thriving communities section on agenda page 107. She explained that attendance of the museum was generally very good but, because targets were based on visitor numbers in previous years,

10 -EX 33- performance would vary depending on the popularity of the exhibitions at any given time. 37. DATE OF NEXT MEETING Noted that the next meeting of the Executive was scheduled to be held on Wednesday, 19 October 2016 at 6.00pm. 38. 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 None. 2. NON-KEY DECISIONS 2.1 Microsoft Enterprise Agreement Injunction Pursuant to Section 1 of the Protection 1, 2 and 5 from Harassment Act MICROSOFT ENTERPRISE AGREEMENT Decision that the content of Report EX/16/55 and evaluation details be noted and approved as part of the contract award agreed at Minute 35.3 above. To accord with the decision recorded under Minute 35.3 above. In accordance with the Contract Procedure Rules, the contract was awarded to the bidder achieving the highest score against the evaluation criteria. None as the decision was made in accordance with the Council s Contract Procedure Rules.

11 -EX 34- (Action: Information and Digital Services Manager) Councillors Bright and Quilty withdrew from the meeting for the following and final item on the agenda, as advised under Minute 32 above. Accordingly, Councillor Graham took the chair for the remainder of the meeting. 40. INJUNCTION PURSUANT TO SECTION 1 OF THE PROTECTION FROM HARASSMENT ACT 1997 Decision that: 1. the decision made by the Chief Executive on 7 September 2016 to issue a claim in the High Court in the name of the Council and the Chief Executive against a resident of the Borough of Hertsmere seeking an injunction to restrain him from continuing with a course of conduct that contravenes Section 1(1) of the Protection from Harassment Act 1997, be noted, endorsed and ratified; and 2. the Chief Executive be fully and effectually indemnified by the Council to the extent permitted by law against all personal liability arising out of or in connection with being a party to the claim against the resident. To note, endorse and ratify the decision to issue proceedings against a resident of the Borough in order to protect Officers and Members of the Council from further harassment and to indemnify the Chief Executive against personal liability as a co-claimant in his role as the Council s Chief Executive, Head of Paid Service and Proper Officer. As set out in paragraphs 5.1 to 5.3 of part II Report EX/16/56. Key Points Arising from the Discussion The Executive supported the action recommended in the report. (Action: Head of Legal and Democratic Services) CLOSURE: 6.47 pm CHAIRMAN