Meeting documents

Cabinet
Tuesday, 20th December, 2016 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor Mrs L.A. Needham (Chairman), Councillor T.W. Hone (Vice-Chairman), Councillor P.C.W. Burt, Councillor Julian Cunningham, Councillor Jane Gray, Councillor Tony Hunter, Councillor David Levett and Councillor Bernard Lovewell.
 IN ATTENDANCE: Chief Executive, Strategic Director of Finance, Policy & Governance, Head of Finance, Performance & Asset Management, Head of Leisure & Environmental Services, Head of Revenues, Benefits and IT, Head of Development & Building Control, Strategic Planning & Projects Manager, Communities Manager, Service Manager - Waste & Recycling, Corporate Legal Manager, Contracts Lawyer, Democratic Services Manager and Committee & Member Services Manager.
 ALSO PRESENT: Councillors Judi Billing (Chairman of the Hitchin Committee), Michael Weeks (Chairman of the Finance, Audit & Risk Committee) Ian Albert, Elizabeth Dennis and Steve Jarvis.
8 members of the public.
 Meeting attachments Agenda Front Sheets
Audio Recording of Meeting - 1
Audio Recording of Meeting - 2
Item Description/Resolution Status Action
PART I
76 APOLOGIES FOR ABSENCE

There were no apologies for absence.
Noted   
77 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of Cabinet held on 22 November 2016 be approved as a true record of the proceedings and signed by the Chairman.
Agreed   
78 NOTIFICATION OF OTHER BUSINESS

There was no notification of other business.
Noted   
79 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but she asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices. In addition, the Chairman had arranged for the sound at this particular meeting to be recorded;

(2) The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question; and

(3) The Chairman asked that, for the benefit of any members of the public present at the meeting, Officers announce their name and their designation to the meeting when invited to speak.

(4) The Chairman advised that, following the exclusion of the press and public, she proposed to take Item 15 - Transport and Sale of Mixed Dry Recycling in advance of Item 13 on the same subject. The press and public would be invited back into the meeting at the conclusion of Item 15.
Noted   
80 PUBLIC PARTICIPATION

Cabinet was addressed by Veronica Sharp (Trustee of St. Michaels Mount Community Association, Hitchin) and Bob Smith (Trustee of Coombes Community Centre, Royston) in respect of Item 11 on the agenda - Community Centre Leases.

(a) Veronica Sharp (St. Michaels Mount Community Association)

Veronica Sharp began by stating that the Community Association had difficulties in coming to terms with the lease as proposed. She fully understood the Council's financial constraints, but she was obliged to fulfil her duties a s a trustee of the Community Association.

Veronica Sharp advised that, for 30 years, a small group of volunteers had successfully managed the Community Centre as a provision for the local community. Over this time, good support had been received from NHDC in a joint responsibility. The Community Association was unable to manage alone. It had 5 volunteers and a part-time administrator, who would be unable to undertake the onerous responsibilities set out in the draft lease.

Veronica Sharp stated that a commercial business would employ a full-time professional to manage the Centre. The £4,000 - £5,000 income over expenditure each year would not stretch to paying a full-time manager. However, through good management, the Community Association had saved a reasonable amount of money which they had offered to the Council to reduce expenditure and minimise the costs of running the Centre.

Veronica Sharp explained that the Community association was not in favour of applying for a one-off capital bid. The bid had to be professionally presented, which would not be possible from amongst the Centre's volunteers. The bid would be a one-off payment, rather than continued sustainable payments going forward.

Veronica Sharp commented that the NHDC Community Halls Strategy aimed to move towards minimizing Council responsibility and expenditure in order to reduce the costs of running Community Centres. This accorded with the aims of the Community Association, although the Centre simply did not have sufficient expertise to run it in a more expanded way.

Veronica Sharp advised that the Centre could not significantly increase its hire charges, as the Community Association had a duty to make it accessible for even the poorest local groups (elderly, scouts, play groups etc.). There was also insufficient space to let part of the premises for commercial activities

After a few questions from Members, the Chairman thanked Veronica Sharp for her presentation.

(b) Bob Smith (Coombes Community Association)

Mr Smith advised that, over the past year, the Coombes Community Association had been involved in many positive meetings with NHDC officers in negotiating terms for a new lease.

Mr Smith reported that good progress had been made in agreeing the terms of the lease, namely:

- agreement, in principle, to a full repairing lease, based on a 50 year term, with an annual rent of £100;
- agreement, in principle, to the building's insurance being paid by the Community Association;
- agreement, in principle, to NHDC having use of the Main Hall for National and Local Elections;
- agreement that NHDC would provide £100,000 capital for 3 major projects, spread over a 3 year period; and
- NHDC had agreed, in principle, for up to 50% of the available space being used for subsidiary purposes, in order to generate income to support the Centre by way of commercial letting.

Mr Smith stated that the one outstanding issue related to the free use of the Main Hall for Elections. The Community Association was concerned at the loss of income and increased costs on polling days. The loss of the Main hall to regular hirers amounted to £450, including the caretaking costs of opening the building early in the morning and closing it late at night.

Mr Smith understood that the existing lease required the Council to compensate for a loss of regular income on polling days, and that such a clause had been included in the recently signed new lease for the Westmill Community Centre in Hitchin. He considered that £450 would be a relatively small cost to incur in order to arrive at an agreement on the new lease for Coombes Community Centre.

Mr Smith stated that the Centre was barely breaking even, with a small capital reserve. The main source of income related to Hall and room rental. He hoped that Cabinet Members would appreciate the Community Association's concerns over loss of income on polling days, and could agree to reimbursement of these losses. In which case, the Community Association would be in a position to agree the terms of the new lease. He asked that further time be given to conclude the negotiations, as the Association's Management Committee would not be meeting next until 23 January 2017.

After a few questions from Members, the Chairman thanked Mr Smith for his presentation.
Noted   
81 ITEM REFERRED FROM HITCHIN COMMITTEE: 6 DECEMBER 2016 - REVIEW OF GREEN SPACE MANAGEMENT STRATEGY
Referral

The Chairman of the Hitchin Committee presented the following referral from that Committee, made at its meeting held on 6 December 2016, in respect of the Review of the Green Space Management Strategy (Minute 50 refers):

"RECOMMENDED TO CABINET:

(1) That enquiries be made as to any previous surveys undertaken regarding use of playgrounds in order to provide a more balanced outcome;

(2) That the consultation period be extended in order to enable communities to consider whether they would be in a position to consider taking on ownership of assets;

(3) That the consultation period be moved to start after the Christmas and New Year festivities and holidays were over;

(4) That citizens panels and focus groups not be used as a replacement for effective consultation with residents;

(5) That consultations should be well publicised by different methods; and

(6) That an impact assessment should be undertaken regarding childhood obesity and the effect closure of playgrounds could have on the health of children and the costs to the NHS in treating those health issues."

The Executive Member for Leisure commented that the Area Committee's recommendations would form part of the ongoing consultation on the Review of the Green Space Management Strategy. The matter was to come back to the January 2017 meeting of Cabinet, by which time a lot more consultation feedback would be available. The focus groups had been very constructive, and views had been received from a variety of interested parties, particularly in Hitchin.

The Executive Member for Leisure stated that she was always available to meet councillors and interested parties on site, and she had already done so on a number of occasions. A Project Board meeting had been arranged for early in the New Year, prior to the submission of the report back to Cabinet.

The Executive Member for Leisure explained that there were no specific plans to widen the formal consultation process. However, for areas where there were possible proposals to return them to informal green space, but where other parties had expressed an interest in retaining and running the facilities as formal play areas, then discussions with these interested parties and the community should continue.

RESOLVED: That the comments and views of the Hitchin Committee on the review of the Green Space Management Strategy be noted, and that these be taken into account by the Executive Member for Leisure and officers as part of the evaluation of the consultation responses to the revised Strategy, prior to a report on the Strategy being submitted to the January 2017 meeting of the Cabinet.

REASON FOR DECISION: To enable the views of the Hitchin Committee to be taken into account in the review of the Green Space Management Strategy.
Noted   
82 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 19 SEPTEMBER 2016 - RISK MANAGEMENT UPDATE
Referral
Appendix A - Revised Risk and Opportunities Management Strategy
Appendix B - Revised Risk and Opportunities Management Policy

The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 19 December 2016, in respect of Risk Management Update (Minute 54 refers):

"RECOMMENDED TO CABINET: That the changes to the Risk and Opportunities Management Strategy (Appendix A to the report) and Policy (Appendix B to the report) be approved."

The Executive Member for Finance and IT commented that he had no difficulty in supporting the recommendation of the Finance, Audit and Risk Committee.

In debating the issue, it was agreed that the words "…or obtain a full understanding of the consequences of the risk" be added to the end of the second sentence in Paragraph 4.7 of the Risk and Opportunities Management Strategy (Appendix A).

RESOLVED: That, subject to the following addition, the changes to the Risk and Opportunities Management Strategy (Appendix A to the report) and Policy (Appendix B to the report) be approved:

Inclusion at the end of the second sentence in Paragraph 4.7 of the Strategy document of the words "…or obtain a full understanding of the consequences of the risk".

REASON FOR DECISION: To monitor the effective development and operation of risk management.
Agreed   
83 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 19 DECEMBER 2016 - DRAFT BUDGET 2017/18
Referral

RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 8 (see Minute 85 below).
Noted   
84 STRATEGIC PLANNING MATTERS
Report
Appendix A - Copy of response to HCC Local Transport
Appendix B - Copy of response to Proposed Changes in the GOVIA Thameslink (GTR) 2018 Timetable

The Executive Member for Planning and Enterprise presented a report of the Strategic Director of Planning, Housing and Enterprise informing Members of the current position regarding the Duty to Co-operate with neighbouring authorities; Other Local Plans and Examinations; Neighbourhood Plans; Transport Matters; and Government announcements. The following appendices were submitted with the report:

Appendix A - Copy of response to HCC Local Transport Plan; and
Appendix B - Copy of response to Proposed Changes in the GOVIA Thameslink (GTR) 2018 Timetable.

The Executive Member for Planning and Enterprise updated the Cabinet on the following matters:

- Luton Market Housing Area Growth Study - the Steering Group had met in November 2016 and the report was being finalised. No significant issues for NHDC had been raised in the report;
- Stevenage Memorandum of Understanding - this had been signed during the week ending 16 December 2016;
- Other Authorities - there were ongoing meetings with Welwyn Hatfield Borough Council and East Hertfordshire District Council, who were on very similar Local Plan timetables to NHDC. The consultation of the East Hertfordshire Local Plan had closed on 16 December 2016. Two sessions of the Luton Local Plan Public Examination had been completed. The Stevenage Local Plan had been submitted to the Secretary of State, and the Stage 1 Examination would take place on 17-20 January 2017. St. Albans Borough Council had submitted its Local Plan to the Secretary of State back in August 2016, but the Inspector had concluded that the Duty to Co-operate obligation had not been met;
- North Hertfordshire Local Plan - consultation had closed on 30 November 2016. Approximately 3,000 responses had been received and were being processed. However, each response contained more then one representation, and so there could be 6,000-8,000 representations to compile before submission to the Inspector; A considerable amount of work would therefore be required;
- Neighbourhood Plans - the Pirton Neighbourhood Plan would be out for consultation in January 2017, precise dates to be confirmed. The Wymondley Neighbourhood Plan had also been submitted, and officers were in the process of checking that it complied with statutory requirements;
- Hertfordshire County Council Local Transport Plan - the consultation period had closed and NHDC had responded (Appendix A to the report);
- Govia Thameslink 2018 Train Timetable - NHDC's response (Appendix B to the report) highlighted potential issues relating to the train service between London King's Cross and Cambridge/Kings Lynn, in particular the prosed loss of some off-peak trains stopping at Baldock. With the potential housing growth for Baldock proposed in the Local Plan, the response asked Govia Thameslink to re-consider this proposal; and
- Governments Announcements - the Neighbourhood Planning Bill had recently had its third reading in the House of Commons.

RESOLVED: That the report on Strategic Planning Matters be noted.

REASON FOR DECISION: To keep the Cabinet informed of recent developments on strategic planning matters and progress on the North Hertfordshire Local Plan.
Noted   
85 CORPORATE BUSINESS PLANNING - DRAFT BUDGET 2017/18
Report
Addendum report
Appendix 1 - General Fund Estimates (1.9% Council Tax increase)
Appendix 2 - General Fund Estimates (£5 Council Tax increase)
Appendix 3 - Revenue Efficiency and Investment proposals
Appendix 4 - Capital Investment proposals
Appendix 5 - Notes of November 2016 Member Workshops (Revenue savings and investments)
Appendix 6 - Notes of November 2016 Workshops (Capital)

The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of Corporate Business Planning - Draft Budget 2017/18. The following appendices were submitted with the report:

Appendix 1 - General Fund estimates (1.9% Council Tax increase);
Appendix 2 - General Fund estimates (£5 Council Tax increase);
Appendix 3 - Revenue Efficiency and Investment proposals;
Appendix 4 - Capital Investment proposals;
Appendix 5 - Notes of November Member Workshops (Revenue savings and investments); and
Appendix 6 - Notes of November Member Workshops (Capital).

The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 19 December 2016, in respect of the Draft Budget 2017/18 (Minute 55 refers):

"RECOMMENDED TO CABINET:

(1) That, in relation to the Revenue efficiency and investment proposals set out in Appendix 3 to the report:

- E14/15 - Corporate Restructuring - concerns about whether this would maintain sufficient staff resources to run services, and especially key projects;
- E25 - Replace Area Committees with a more informal alternative - it was premature/speculative at the current time to identify a savings figure, without a fully costed alternative; and
- E30 - Frequency of Outlook Magazine - publication should be reduced to twice a year; be subject to an effectiveness review; and corporate sponsorship/advertising be explored with a view to the magazine becoming cost neutral.

(2) That, in view of the ongoing financial pressures on the Council, a £5 increase in Council Tax for 2017/18 be approved."

The Executive Member for Finance and IT advised thanked the Finance, Audit and Risk Committee for its recommendations, and commented that they would be taken into account when Cabinet considered the efficiency and investment proposals later in the item.

The Executive Member for Finance and IT referred to the addendum report, which outlined the Government's provisional finance settlement to NHDC. As expected, this had impacted upon the figures contained in the Draft Budget for 2017/18. A major impact was on New Homes Bonus, where a 0.4% increase in dwelling stock was now assumed, and hence the Bonus would only be paid on growth above this level. This was estimated to be a reduction in funding for NHDC of around £190,000 in 2017/18, increasing to around £735,000 by 2020/21. Therefore, further savings would need to be identified.

The Executive Member for Finance and IT advised that the effective funding shortfall over the 4 years to 2020/21 was now around £7Million. He reported that the Government had accepted the Council's 4 Year Efficiency Plan submitted in September 2016. There could be opportunities to boost the Council's Revenue Account through the Flexible Use of Capital Receipts Direction.

The Executive Member for Finance and IT referred to Table 1 of the report, regarding estimated Government funding, and to forecasts in relation to specific Government grants (Table 2). It was currently forecast that the Business Rates Collection Fund would be in deficit at the end of 2016/17, but it was expected that the Council Tax Collection Fund would be in surplus. He explained that, as at 31 March 2016, there was a total of £955,000 held as a provision in order to cover unforeseen risks.

The Executive Member for Finance and IT went through the lists of Efficiency and Investment proposals contained in appendices 3 and 4 to the report. The following comments were made:

- E3 - Parking Strategy - areas to be considered would include the introduction weekend, evening and Bank Holiday charging for the Council's car parks;
- E10/11 - Green Space Strategy - dependent upon the outcome of consultation and the ability to use Section 106 monies;
- E14/15 - Corporate Restructure - Members shared the concerns of the Finance, Audit and Risk Committee regarding the future resources available to run services and major projects;
- E19 - NHDC Apprenticeship Scheme - continuation of the Scheme for 2017/18 was safeguarded, but this matter would be reviewed each year;
- E25 - Replace Area Committees with a more informal alternative - although the concerns of the Finance, Audit and Risk Committee were acknowledged, this proposal should remain in place to allow alternatives to be investigated;
- E26 - Memorandums of Understanding Payments - the line "Payments ceasing in 2020/21: North Herts CVS and Citizens Advice Bureau" should be deleted; and
- E30 - Frequency of Outlook Magazine - whilst acknowledging that 25% or so of NHDC residents had no access to free newspapers, it was agreed that the Finance, Audit and Risk Committee's view that the Magazine should be published twice a year would be investigated.

The Cabinet supported the Finance, Audit and Risk Committee's view that a 5% increase in the level of Council Tax for 2017/18 would be appropriate. Members further supported the principle that Capital Reserves should continue to be used to fund the Capital Programme.

RESOLVED:

(1) That the expected Central Government funding levels be noted, but that New Homes Bonus could be significantly affected by changes to the way that it is calculated;

(2) That the estimated position on the Collection Fund and how this will be funded be noted;

(3) That the uncertainty in relation to Business Rates income be noted;

(4) That it be noted that there is likely to be an option of a £5 increase in Council Tax and that two options (1.9% and £5) will be presented in the budget proposals;

(5) That Cabinet's view is that a £5 increase in the level of Council Tax for 2017/18 would be appropriate;

(6) That the position relating to the General Fund balance be noted, and that due to the risks identified a minimum balance of £1.569 million is recommended;

(7) That the inclusion of the savings and investment proposals set out in Appendix 3 of the report be noted;

(8) That the remaining uncertainty in relation to savings and investments be noted;

(9) That the inclusion of the Capital investment proposals set out in Appendix 4 of the report be noted;

(10) That Cabinet's view is that Capital Reserves continue to be used to fund the Capital Programme;

(11) That the potential to use the Capital Receipts direction for the revenue costs in relation to decommissioning pavilions and play areas, and the lease buy-out be noted;

(12) That it be noted that the NHDC Sustainability Plan will be reviewed as part of the Final Budget to be presented to Cabinet at its January 2017 meeting; and

(13) That the expected impact of the provisional finance settlement on New Homes Bonus, and the need to identify further savings, be noted.

REASON FOR DECISION: To ensure that all relevant factors are taken into consideration when arriving at the proposed Council Tax precept for 2017/18; and to ensure that the Cabinet recommends a balanced budget to Council on 9 February 2017.
Agreed   
86 COUNCIL TAX REDUCTION SCHEME 2017/18
Report
Appendix 1 - Council Tax Reduction Scheme Values May 2013 to November 2016 by Category
Appendix 2 - Summary of Temporary Absence Changes

The Executive Member for Finance and IT presented a report of the Head of Revenues, Benefits and IT in respect of the Council Tax Reduction Scheme 2017/18. The following appendices were submitted with the report:

Appendix 1 - Council Tax Reduction Scheme Values May 2013 to November 2016 by Category; and
Appendix 2 - Summary of Temporary Absence Changes.

The Executive Member for Finance and IT advised that there were no major changes to the Scheme for 2017/18. However, there were some minor changes to the Scheme as follows:

- Changes to the Temporary Absence Rules as applied to the Prescribed Regulations and summarised at Appendix 2;
- Removal of Severe Disability Premium for persons where Universal Credit (Carers Element) is in payment; and
- Removal of the Employment Support Allowance Work Related Activity Component for all new Employment Support Allowance Work Related Activity Group claims.

The following changes were not supported by the Executive Member and officers, and hence had not been included in the Scheme:

- Back-dating of awards to a maximum of one month for working age claimants rather than six months; and
- Child Premiums limited to two dependent children for new claims from 1 April 2017 or for children born after 1 April 2017.

The Executive Member for Finance and IT reported that a consultation exercise had been carried out on these minor changes. A dozen or so consultation responses had been received, with a significant majority in favour of the changes.

The Executive Member for Finance and IT reminded Members that it was proposed to continue the existing arrangements for a provision of £50,000 to meet the requirements of the Discretionary Council Tax Payments Scheme for 2017/18.

RESOLVED:

(1) That the current position of the 2016/17 Council Tax Reduction Scheme be noted;

(2) That the current position relating to the Discretionary Council Tax Payments Scheme be noted;

(3) That a provision of £50,000 be approved to meet the requirements of the Discretionary Council Tax Payments Scheme for 2017/18;

(4) That it be recommended to Council that there be no structural changes to the Council Tax Reduction Scheme for 2017/18;

(5) That it be recommended to Council that there be no change to the multiplier by which Council Tax Reduction Scheme awards are reduced for working age claimants and that this remains at 25% for 2017/18;

(6) That it be recommended to Council that the amount of Council Tax Reduction Scheme Grant distributed to the Local Precepting Authorities should be reduced by the same percentage as the Council's own Funding Settlement, which is 23.3% and the amount to be distributed should be £38,885;

(7) That Cabinet recommends to Council that the following minor changes, which are to be applied to Housing Benefit be incorporated into the Council's Council Tax Reduction Scheme:

- Changes to the Temporary Absence Rules as applied to the Prescribed Regulations and summarised at Appendix 2;
- Removal of Severe Disability Premium for persons where Universal Credit (Carers Element) is in payment; and
- Removal of the Employment Support Allowance Work Related Activity Component for all new Employment Support Allowance Work Related Activity Group claims; and

(8) That Cabinet does not support the following changes to be applied to Housing Benefit for incorporation into the Council's Council Tax Reduction Scheme:

- Back-dating of awards to a maximum of one month for working age claimants rather than six months; and
- Child Premiums limited to two dependent children for new claims from 1 April 2017 or for children born after 1 April 2017.

REASON FOR DECISION: To ensure that the Council complies with the requirement to ensure that a Scheme is in place by 31 January 2017.
Agreed   
87 PERFORMANCE BOND FOR LEISURE CONTRACTS
Report
Appendix 1 - SLL Letter regarding National Living Wage

The Executive Member for Leisure presented the report of the Head of Leisure and Environmental Services in respect of the Performance Bonds for Leisure Contracts. The following appendix was submitted with the report:

Appendix 1 - SLL letter regarding National Living Wage.

The Executive Member for Leisure advised that the management contracts between the Council and Stevenage Leisure Limited (SLL) required the performance bond to be in place throughout the duration of the contracts. Performance bonds had been traditionally requested on high value contracts to provide limited protection in the event that the contractor breached the contract. The protection is usually limited to a maximum of 10% of the contract value.

The Executive Member for Leisure stated that officers had undertaken discussions with SLL on the benefits and implications of removing the performance bond and officers had also undertaken some research to inform whether performance bonds were generally still a requirement for leisure management contracts. This had revealed that one nearby authority (Central Bedfordshire) did not require a performance bond..

The Executive Member for Leisure explained that SLL had advised that its bank treated the bond amount like an overdraft facility which tied up £574,000 of capital. This, in turn, meant that SLL was unable to use that level of funding for anything else, such as spending on capital projects. By removing the performance bond, SLL would be in a better position to use its banking facility for improvements to the leisure facilities. The cost of maintaining the performance bond is circa £12,000 per annum and the proposal from SLL was to reduce the contract price by £10,000 per annum should Cabinet agree to the removal of the bond.

The Executive Member for Leisure commented that SLL had given the Council a commitment that if the Council agreed to removing the bond from the three Leisure Contracts, it would absorb any additional costs relating to the introduction of the National Living Wage within the contract sum

In terms of risks, the Executive Member for Leisure advised that SLL was an established operator in the leisure industry, particularly in Hertfordshire and Central Bedfordshire, and the demand for the use of leisure facilities was relatively stable. Given SLL's market share within this area and its sound financial standing, officers were of the view that SLL currently presents a very low risk to the Council. It must also be borne in mind that the performance bond would only cover a limited amount of costs and/or losses for breach of contract and thus leaving the Council to meet any additional costs and losses above the limit.

In response to a Member's question, the Head of Leisure and Environmental Services confirmed that performance monitoring of the contract with SLL was carried out at monthly contract meetings.

RESOLVED:

(1) That the Performance Bond in respect of the Leisure Management Contracts for Letchworth, Hitchin and Royston be removed; and

(2) That the Council's Contracts and Procurement Solicitor be authorised to undertake the required contract variations.

REASON FOR DECISION: To release money set aside in in SLL's banking facility to cover the requirement to have a performance bond in order to increase SLL's potential to fund further improvements to the leisure facilities they operate in the future.
Agreed   
88 COMMUNITY CENTRE LEASES
Report

[Prior to the commencement of the item, Councillor Bernard Lovewell made a Declarable Interest, in view of his role as one of the Council's nominated representatives on the St. Michaels Mount Community Association. He considered that the nature of the interest was of such significance that he withdraws from the Chamber for the duration of the debate and vote upon the item.]

The Chairman invited Councillor Elizabeth Dennis (Ward Councillor for Hitchin Walsworth) to address the Cabinet in respect of St. Michaels Mount Community Centre.

Councillor Dennis advised that Cabinet Members had already heard from St. Michaels Mount Community association how difficult it would be for them to continue to operate the Centre under the terms of the proposed new lease. The fear was that a full repairing lease on the terms proposed would not be sustainable.

Councillor Dennis stated that this would have a knock on effect on the user groups that used the Centre, which comprised some of the most hard pressed individuals in the area (eg. elderly support groups, dementia supports groups, play groups etc). Most of these groups did not generate the turnover through membership fees to support any higher hire costs imposed by the Centre, which would potentially be necessary to make the new lease viable.

Councillor Dennis asked Cabinet Members whether it would be in the best interests of the community in the area to proceed with the recommendations as stated.

Councillor Dennis commented that one of the things that concerned her most in reading the report, when looking at Coombes Community Centre and St. Michaels Mount Community Centre side by side, was that there appeared to be a level of uneven and unequal treatment between the two Centres. Coombes Community Centre would be receiving £100,000 of capital funding, yet St. Michaels Mount Community Centre faced the uncertainty of submitting a bid to the Community Facilities Capital Project Fund.

Councillor Dennis questioned whether it was fair for St. Michaels Mount Community Centre, as a charitable organisation, to go through this process. What would be the situation should any bid for capital funding be unsuccessful.

Councillor Dennis considered that there was still scope for further negotiations. She appreciated that the Council needed to save costs, and that the Community Halls Strategy was geared towards achieving savings going forward, but she felt that those savings should not come at the expense of providing vital facilities to community groups. Should another group take over from the current Management Association there was a real concern that they would not continue to meet the community objectives currently being met by the existing Association.

Councillor Dennis stated that should the Centre be forced to close then a significant portion of some of the most disadvantaged residents in Hitchin would be detrimentally affected and would be deprived of access to services which were essential for them. She therefore asked Cabinet Members to carefully consider the impact of the recommendations in the report, and potentially allow a little more time for sensible negotiations to be concluded.

The Chairman thanked Councillor Dennis for her presentation.

The Executive Member for Community Engagement and Rural Affairs presented a report of the Head of Finance, Performance and Asset Management in respect of Community Centre Leases, with particular regards to St. Michaels Mount Community Centre in Hitchin and Coombes Community Centre in Royston.

The Executive Member for Community Engagement and Rural Affairs advised that it was unfortunate that some capital funding had not been earmarked for St. Michaels Community Centre as it had for Coombes Community Centre.

In respect of Coombes Community Centre, the Executive Member for Community Engagement and Rural Affairs and officers were unaware that the lease recently signed by Westmill Community Association required reimbursement of costs on polling days. He was of the view that, with an income in the region of £12,500 per month, the Coombes Community Association should be perfectly able to bear the on-off cost of £450 for loss of income on Election days. He therefore proposed that Recommendations 2.1, 2.2 and 2.3 in the report relating to Coombes Community Centre should be approved. Cabinet agreed to these recommendations.

In relation to St. Michaels Community Centre, the Executive Member for Community Engagement and Rural Affairs advised that he had listened with interest to the earlier presentations, as he had understood that the Community Association was content with the proposals, including the opportunity to bid for funding through the Community Facilities Capital Project Fund. However, he was concerned to hear that they would be unable to cope with the terms of the new lease.

The Executive Member for Community Engagement and Rural Affairs had gleaned from the presentations that the reason the Community association had found itself unable to put forward a capital bid was that it had insufficient professional expertise to do so. However, he was aware that the Community Development Team had assisted organisations in this respect in the past.

The Communities Manager advised that there was also Section 106 monies that could be potentially used to assist in projects of this type, as well as the Community Facilities Capital Project Fund.

In conclusion, the Executive Member for Community Engagement and Rural Affairs proposed that Recommendations 2.4 and 2.5 in the report relating to St. Michaels Community Centre should be approved. However, he asked that officers arrange a meeting involving him, the Community Association and local councillors (if available) to look at ways of supporting the Community Association in taking the matter forward.

RESOLVED:

Coombes Community Centre, Royston

(1) That it be confirmed that the lease terms must include free use of the Community Centre by the Council for reasonable Election use;

(2) That, subject to the Community Association agreeing a lease in accordance with the Community Halls Strategy (including free use for Elections) by 20 January 2017, the use of the allocated Capital funding for the three priority areas of work, at an estimated cost of £100,000, be confirmed; and

(3) That if the Community Association does not agree a lease in accordance with the Community Halls Strategy (including free use for Elections) within the timeframe above, that officers be authorised to investigate alternative management arrangements for the Community Centre, which would be to identify any organisations that would take on the Centre under a lease fully in line with the Community Halls Strategy, and which would include continuing a community use for the Centre.

St. Michaels Mount Community Centre, Hitchin

(1) That if the Community Association feel that by making a bid to the ‘Community Facilities Capital Projects Fund' they can agree a lease in accordance with the Community Halls Strategy, then more time be agreed for the bid to be submitted and considered. The Community Association would need to confirm they were making a bid by 20 January 2017 and then submit this bid by 17 February 2017; and

(2) That if the Community Association remain unable to commit to a lease in accordance with the Community Halls Strategy within the timeframes above, officers be authorised to investigate alternative management arrangements for the Community Centre, which would be to identify any organisations that would take on the Centre under a lease fully in line with the Community Halls Strategy, and which would include continuing a community use for the Centre.

REASON FOR DECISION: To agree leases with these two Community Centres that broadly comply with the Community Halls Strategy.
Agreed   
89 REVIEW OF NHDC MEMORANDUM OF UNDERSTANDINGS (ANNUAL GRANT AWARDS)
Report

The Executive Member for Policy, Transport and Green Issues presented a report of the Strategic Director of Finance, Policy and Governance in respect of a review of the NHDC Memorandum of Understandings (Annual Grant Awards).

The Executive Member for Policy, Transport and Green Issues reminded Members that a review of the Memorandum of Understandings (MoUs) had been undertaken some months ago. The outcome was that Cabinet had accepted the generality of the review, but had asked officers to investigate further the position with regard to MoUs with certain groups/organisations.

The Executive Member for Policy, Transport and Green Issues stated that, following these further investigations, it was now proposed to continue to fund Citizens Advice, North Herts Centre for Voluntary Services and North Herts Minority Ethnic Forum to the extent of the figures detailed in Paragraph 8.2 of the report for a 3 year period up to 2019/20.

The Executive Member for Policy, Transport and Green Issues explained that the significant change to the original proposals was that, following detailed discussions, it had been concluded that the North Herts Minority Ethnic Forum did deliver a significant benefit to the Council and across the District. The recommendation was therefore to continue to provide funding to the Forum.

In respect of the remaining organisations, the Executive Member for Policy, Transport and Green Issues advised that RELATE had ceased to exist in North Hertfordshire, and that funding for the Herts Womens Resource Centre and Sport North Herts would be tapered down each year between 2017/18 and 2019/20, as detailed in Paragraph 8.4 of the report.

The Executive Member of Community Engagement and Rural Affairs drew attention to the fact that the three major MoUs would henceforth be funded through formal commissioning arrangements.

RESOLVED:

(1) That the proposed changes to the existing arrangements, as detailed in the report, regarding the Council's annual Memorandum of Understandings (Annual Grant Awards) with partner organisations delivering districtwide services on the Authority's behalf, be agreed; and

(2) That it be noted that there will be further work required of officers during 2016/17 to formalise commissioning of services undertaken by North Herts Citizen's Advice, North Herts Centre for Voluntary Services and the North Herts Minority Ethnic Forum.

REASON FOR DECISION: To ensure conformity with Cabinet's resolutions made as part of the review of the Grants Policy on 14 June 2016 regarding financial assistance to community groups and organisations.
Agreed   
90 EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).
Agreed   
91 TRANSPORT AND SALE OF MIXED DRY RECYCLING

The Executive Member for Waste Management, Recycling and Environment presented a Part 2 report and addendum report of the Head of Leisure and Environmental Services in respect of the Transport and Sale of Mixed Dry Recycling.

The Executive Member for Waste Management, Recycling and Environment outlined the outcome of the recent tender process for a contract for the Transport and Sale of Mixed Recycling from February 2017 to May 2018. The addendum report contained some amendments to the original report, including a revised recommendation.

RESOLVED: That the outcome of the tender exercise for the Transport and Sale of Mixed Recycling be noted, and that the contract award be considered in the Part 1 report.

REASON FOR DECISION: To progress the contract for the Transport and Sale of Dry Mixed Recycling.

[Note: At this point in the proceedings, the press and public were re-admitted to the meeting.]
Noted   
92 TRANSPORT AND SALE OF MIXED DRY RECYCLING
Report
Addendum Report

The Executive Member for Waste Management, Recycling and Environment presented a Part 1 report and addendum report of the Head of Leisure and Environmental Services in respect of a contract for the Transport and Sale of Mixed Dry Recycling from February 2017 to May 2018.

The Executive Member for Waste Management, Recycling and Environment advised that addendum report contained some amendments to the original report, including revised recommendations as follows.

The Executive Member for Waste Management, Recycling and Environment explained that the report was drafted during the contract evaluation and as a consequence of a delay due to clarifications of the bid, the standstill period had not yet completed. Therefore, the following paragraphs in the report should read as follows:

1.5 For all OJEU procurements, public bodies must wait for 10 clear days to pass from communication of the scores to formal award of contract. This 10 day period is called the standstill period. Communication of the scores has been sent and since then the standstill process has commenced.

9.7 Following completion of the standstill process without formal challenge, the Council may proceed with formal award of contract.

This had resulted in the following revised recommendations:

2.1 That, subject to the completion of the standstill period without formal challenge and receipt of satisfactory references, the contract for the provision of the Transport and Sale of Mixed Recycling from February 2017 to May 2018 be awarded to the winning contractor.

2.2 That, if the contract is unable to be awarded, the Head of Leisure and Environmental Services, in consultation with the Executive Member for Waste Management, Recycling and Environment, be delegated authority to enter into an interim solution.

The Cabinet supported the revised recommendations.

RESOLVED:

(1) That, subject to the completion of the standstill period without formal challenge and receipt of satisfactory references, the contract for the provision of the Transport and Sale of Mixed Recycling from February 2017 to May 2018 be awarded to the winning contractor; and

(2) That, if the contract is unable to be awarded, the Head of Leisure and Environmental Services, in consultation with the Executive Member for Waste Management, Recycling and Environment, be delegated authority to enter into an interim solution.

REASON FOR DECISION: To progress the contract for the Transport and Sale of Dry Mixed Recycling.
Agreed   
PART II
93 PART 2 REPORT RELATING TO MINUTE 91 ABOVE
Report
Addendum Report

This is on the E-Genda Committee Management System.
Noted