Agenda and minutes

Apologies for absence were received from Councillors Chris Lloyd and Debbie Morris with the substitute Members being Councillors Steve Drury and David Raw.

To confirm as a correct record the Minutes of the Policy and Resources Committee meeting held on 8 March 2021.

The Minutes of the Policy and Resources Committee meeting held on 8 March 2021 were confirmed as a correct record and were signed by the Chair.

Items of other business notified under Council Procedure Rule 30 to be announced, together with the special circumstances that justify their consideration as a matter of urgency. The Chair to rule on the admission of such items.

The Committee were advised that the report for the appointment of the sub-committees (item 5) had been updated since publication at sections 3 and 11 with regard to all Members of Council being able to be Members of the sub-committee.  The report had been available for 5 clear working days before the meeting

To receive any declarations of interest.

Councillor Alex Hayward wished to declare that they would not be putting themselves forward to be a member of the Local Plan sub-committee.

The report proposes that the Policy and Resources Committee re-establishes the following sub-committees for 2021/22: Local Plan, Constitution and Equalities.

The report proposes that the Covid-19 Response sub-committee is not re-established.

That the Members appointed to all the sub-committees have the following proportional membership: 9, 2 and 1.

The report proposed that the Policy and Resources Committee re-establishes the following sub-committees for 2021/22: Local Plan, Constitution and Equalities but not the Covid-19 Response sub-committee.  That the Members appointed to all the sub-committees have the following proportional membership: 9, 2 and 1. 

The Chair advised that the update to the report related to all Members of Council being able to be Members of the sub-committees which had been discussed by the Constitution sub-committee in September 2020.

It was advised that nominations to the sub-committees could be provided to the Committee Team in the next week.

A Member questioned that there were two proportional membership details in the report of 9, 2 and 1 and 6, 2 and 1 and asked which was correct.  The Principal Committee Manager confirmed the correct proportional membership was 6, 2 and 1 making the membership of the sub-committees a total of 9 Members.

On being put to the Committee the recommendations as set out in the report with the amendment to the proportional membership and that all Members of Council can be members of the sub-committee was declared CARRIED by the Chair the voting being by general assent.

RESOLVED:

That three sub-committees be re-established (Constitution, Local Plan and Equalities) and that Members be appointed with the following proportional membership: 6, 2 and 1 and the Members names to be advised to the Committee Team.

Agreed that all Members of Council can be appointed to the sub-committees subject to Political Proportionality Rules.

That the Covid-19 Response sub-committee is not re-established.

That no decision making powers be delegated to the sub-committees;

That all Members of Council to be substitute Members.

To agree the Animal Welfare Licensing Policy for Three Rivers.

To agree the Animal Welfare Enforcement Policy for Three Rivers.

The Committee were asked to agree the Animal Welfare Licensing Policy for Three Rivers and the Animal Welfare Enforcement Policy.

A Member asked about the Officers time to undertake the work.  The Animal Welfare and Licensing Inspector advised the work was already being done and the reason for the report was to get policies in place as it was prudent to have them.

The Lead Member had read details on the grading of the system and the offer of re-tests for a fee.  On the star ratings used by Environmental Health businesses they would have a test and if they failed they would get a list of things which they had to do to get a higher star rating and would be able to implement the changes needed rather than doing everything required before the test.  The Animal Welfare and Licensing Inspector advised that the Council do not have a choice as the star ratings as they are national ratings set by DEFRA and are different to food hygiene ratings.  The star rating determines the duration of the persons license which they can appeal against if they think they need to get higher stars over a longer duration of their license but they have to meet all of the higher standards.  If they feel they do meet them they can appeal against their star rating and that is where their risk rating form comes in.  They also have interim inspections which is all set down in the regulations. 

The recommendations on being put to the Committee were declared CARRIED by the Chair of the Committee the voting being by general assent.

RECOMMEND:

Recommends to approve the Animal Welfare Licensing Policy (Appendix A) subject to any comments from the Regulatory Services Committee.

Recommends to approve the Animal Welfare Enforcement Policy (Appendix B) subject to any comments from the Regulatory Services Committee.

The purpose of this report is to summarise the content and implications of the draft Tree Strategy for the District, and recommend that the draft Strategy is released for a period public consultation (Appendix A – draft tree strategy).

The Principal Tree and Landscape Officer advised that the purpose of the report was to summarise the content and implications of the draft Tree Strategy for the District, and recommend that the draft Strategy is released for a period of public consultation (Appendix A – draft Tree Strategy).  The draft strategy identified a number of actions the Council would wish to achieve over the next 5 years.

The process was started at the beginning of the year asking for ideas and views which should be included in the strategy.  There had then been a period of producing the draft strategy which was now being brought to Committee for agreement for public consultation during August and September.  The final strategy would come back to the Committee and the Leisure Committee in November 2021 for agreement with the new strategy in place at the beginning of next year.

Details on what the strategy would cover had been provided in the report.  Some actions could lead to the need for additional funding.

A Member had asked in advance of the meeting when a tree was fallen or felled was it left in situ?  Also do we ensure it was?

1) safe even throughout the decomposition process

2) that they allow other vegetation to grow around the area and not stifle new growth.

3) are left in a way that is tidy and suitable for the public.

The Principal Tree and Landscape Officer advised:

If any tree that was felled and left on-site, it was left in a safe condition and we instruct contractors to do this.  Similarly, if a fallen tree was to be left in-situ, we ensure it was safe and cannot fall any further or present a danger in the future. 

The gap left by a fallen or felled tree will allow light into the area and will help stimulate new growth.  In addition, many tree species will regrow from a cut stump, or broken limb, so in many cases this will be allowed to happen.

We make an assessment on a case by case basis as to whether it is safe and/or appropriate to leave felled or fallen trees in situ.  In urban situations and formal areas all brash and cordwood will normally be removed off site.  In woodlands and semi-formal areas the main stem will normally be left, and in some case the brash will also be left, either stacked or chipped, depending on the situation.

The Member sought clarification on who the Council would send to inspect an area to make sure the contractors had completed what they had said they would do.  The Principal Tree and Landscape Officer advised that the team do not currently inspect all the work the contractors carry out but do provide very clear instructions.  For larger scale works checks were made to ensure the work was carried out to the standard we would expect. The Council was selective about the contractors used and have a number of contractors locally who have been  ...  view the full minutes text for item PR7/21

The Peer review which was undertaken in March 2019 identified two actions relating to managing the Councils growing commercial ambitions.  There are listed below:

o   Review governance and financial oversight in light of a growing commercial agenda

o   Create a commercial strategy, directed through a member led commercial board and shareholder function

As a result the Council has reviewed its governance arrangements for managing the commercial activates of the Council and is proposing to establish a Shareholder and Commercial Venture Scrutiny Panel (the Panel).

The proposal is that the Panel is established to monitor the performance of, and take decisions on, the Council’s existing and potential commercial ventures and other investments. This includes undertaking all functions of the Council as a shareholder under the Companies Act 2006 in relation to those companies or partnerships owned, or part owned, by the Council, except as otherwise specified.

The Panel will meet quarterly to consider performance information and take decisions regarding commercial ventures and investments, with scope to call additional meetings on as required to deal with emerging business.

This report sets out the proposed Terms of Reference for the Panel (Appendix 1).

The Peer review which was undertaken in March 2019 identified two actions relating to managing the Councils growing commercial ambitions.  There are listed below:

•           Review governance and financial oversight in light of a growing commercial agenda

•           Create a commercial strategy, directed through a member led commercial board and shareholder function

•           As a result the Council has reviewed its governance arrangements for managing the commercial activates of the Council and is proposing to establish a Shareholder and Commercial Venture Scrutiny Panel (the Panel).

•           The proposal is that the Panel is established to monitor the performance of, and take decisions on, the Council’s existing and potential commercial ventures and other investments. This includes undertaking all functions of the Council as a shareholder under the Companies Act 2006 in relation to those companies or partnerships owned, or part owned, by the Council, except as otherwise specified.

•           The Panel will meet quarterly to consider performance information and take decisions regarding commercial ventures and investments, with scope to call additional meetings on as required to deal with emerging business.

•           This report sets out the proposed Terms of Reference for the Panel (Appendix 1).

A Member had asked in advance of the meeting if this was a new Committee to be formed as a result of the peer review.

The Director of Finance advised this was one of the recommendations of the peer review.

In response to a question submitted in advance of the meeting on the Property Scrutiny Panel and whether it had met and were there any minutes, the Chief Executive advised that the Property Scrutiny Panel had not met since it was set up in March 2017 as part of our Three Rivers Commercial Services Company and the Housing Joint Venture.  The only transaction to go through the Commercial Company was its establishment and the ongoing running of Three Rivers Homes the Joint Venture with Watford Community Housing.

In response to a question on whether there would be full tracking documents on our investments, the Director of Finance advised that the purpose of the panel was to allow Members to go into more detail.  The information would obviously require full confidentiality with minutes coming back to P&R Committee.

The recommendations as set out in the report on being put to the Committee were declared CARRIED by the Chair of the Committee the voting being by general assent.

RECOMMEND:

•           The Shareholder and Commercial Panel is established and that the Terms of Reference are agreed.

•           The Property Scrutiny Panel be abolished.

•           To nominate 5 Councillors to the Panel the proportionality being 3, 1, 1 for the 2021/22 Municipal Year with the names to be advised to the Committee Team.

This report sets out a summary of the current position of Council services at the time of writing and the plans for restoring services that are currently not operating or only part operating due to Covid restrictions.

Heads of Service and Service Managers have provided updates relating to their service area detailed in this report.

At time of writing Step 4 of the Government Roadmap is still expected to come into effect on 21 June. Any changes to the Council’s services restoration as a result of changes to the Government Roadmap will be set out in a verbal update at Committee.

This report set out a summary of the current position of Council services at the time of writing and the plans for restoring services that are currently not operating or only part operating due to Covid restrictions.

Heads of Service and Service Managers have provided updates relating to their service area detailed in this report.

At time of writing Step 4 of the Government Roadmap is still expected to come into effect on 21 June. Any changes to the Council’s services restoration as a result of changes to the Government Roadmap will be set out in a verbal update at Committee.

A Member asked when bulk waste collections would restart as they could not see it on the list.  The Watersmeet Manager advised that bulky waste collections were currently on hold due to a number of staff self isolating and a shortage of agency staff but collections would resume as soon as possible but at present there is no definitive date.  

A Member noted that the duty planning service would continue to be undertaken permanently virtually.  It was really hard to view plans online and the service should be provided as a face to face service for our residents.  The Director of Community and Environmental Services advised that it had been found that the service was more accessible by being virtual rather than insisting people come to the offices. 

In response to Member question regarding livestreaming and virtual meetings the Chair advised it was not legally permitted to hold virtual or hybrid meetings as there was no primary legislation in place to allow this.  The Council had responded to the recent Government hybrid/virtual meeting consultation.

A Member referred to the opening hours of the offices for the public and asked what they were pre Covid.  It was advised they were 8.45am to 5.30pm.  The Member was concerned with the reduced opening hours of 9am and 4pm to be able to see Customer Service staff. 

The Director of Community and Environmental Services advised that the majority of our customers came in at lunch time.  Face to face appointments would still be possible.  This was a change in how we deliver our services which had been progressed over a number of years with more and more services accessible online so people can access our services at home far longer hours.  Officers will continue to review the service but this was the first steps. 

The telephone service would continue to be available at the same hours but this may be extended going forward.  Officers could be available at different hours with the new ways of working.

The recommendation on being put to the Committee was declared carried by the Chair of the Committee the voting being 12 For, 0 Against and 1 Abstention.

RESOLVED:

Agreed and approved the approach set out in this report for adoption

To advise Members that an exemption to the Procurement process was approved by the Chief Executive under the Exceptional Circumstances exemption as permitted by the Council’s Constitution.

To advise Members that an exemption to the Procurement process was approved by the Chief Executive under the Exceptional Circumstances exemption as permitted by the Council’s Constitution.

The recommendation on being put to the Committee was declared CARRIED by the Chair of the Committee the voting being by general assent.

RESOLVED:

Noted the action taken

To advise Members that an exemption to the Procurement process was approved by the Director of Community and Environmental Services under the Exceptional Circumstances exemption as permitted by the Council’s Constitution.

To advise Members that an exemption to the Procurement process was approved by the Director of Community and Environmental Services under the Exceptional Circumstances exemption as permitted by the Council’s Constitution.

A Member asked if we were getting any insurance money for the vehicle.  The Director of Community and Environmental Services confirmed an insurance claim had been submitted but we had to take the decision to purchase the vehicle as we needed the equipment immediately.  If insurance money does come through it would go back into the budget in the normal way.  The full circumstances of the theft would be looked into to see what measures could be put in place to try to stop this happening again. 

The recommendation on being put to the Committee was declared CARRIED by the Chair of the Committee the voting being by general assent.

RESOLVED:

Noted the action taken.

This report shows the outturn position for the financial year ending on 31 March 2021 for both revenue and capital and makes the following recommendations:-

·                to carry forward to 2021/22 certain unspent revenue budgets and;

·                to rephase those capital budgets that require completion in 2021/22

A key feature of reporting the outturn for the financial year is to compare it against the latest agreed budget which provides an indication of the accuracy and robustness of financial control and the achievement of the strategic objective to manage resources to deliver the Council’s strategic priorities and service needs.

This report shows the outturn position for the financial year ending on 31 March 2021 for both revenue and capital and makes the following recommendations:-

•           to carry forward to 2021/22 certain unspent revenue budgets and;

•           to rephase those capital budgets that require completion in 2021/22

A key feature of reporting the outturn for the financial year is to compare it against the latest agreed budget which provides an indication of the accuracy and robustness of financial control and the achievement of the strategic objective to manage resources to deliver the Council’s strategic priorities and service needs.

The Director of Finance advised on the carried forward requests there was a net underspend of £581k but after carried forward requests there was a net underspend of £133k.  There was increased expenditure shown for investment properties in the revenue budget which related to acquisitions or potential acquisitions which haven’t yet happened which we would be able to capitalise on this year or in following years but we need to charge them to revenue until they happen.  We are carrying forward some money from the capital programme to reflect the other side of those.

A Member had submitted the following questions in advance of the meeting and answers were provided as detailed below:

What was the increased spend on investment properties of £410,000 for?

Response: These are items for which we have budget within the capital programme under the PIB heading, however due to rules around charging expenditure to capital in local government we are not allowed to charge this expenditure to the capital programme until the acquisition of the asset is completed. We, therefore, need to charge these costs to revenue in 2020/21 but can capitalise them in 2021/22, increasing our Revenue Balances by the same amount.  The Director of Finance advised that there were two parts to the additional retentions monies.  We retained more of the total cost than we would otherwise have done. The £410k was around investment properties work which we are not able to capitalise on until they have been finalised and are going forward.  It was a mixture of two things where we have made an acquisition which has not gone through to Council and one around future acquisitions.

What were the extra legal costs of £18,000 for a consultant for?

Response: £11.2k Legal Advice – Counsel Fees relating to Long Pightle Mobile Home Park with regards to the public enquiry due to the refused certificate of lawfulness. An additional £7k for the essential purchase of publications where 2 invoices were in dispute from 2018 and 2019.

Can you explain the increase of £91,825 retention monies for temp accommodation in Rickmansworth?

Response: Due to the delays in completing the Bury additional retention monies were held back from the contractor to allow discussions about the final payment to be completed.

Why has there been a reduced spend in grounds maintenance?

Reduced spend relates to less overtime and reduced repairs and maintenance on the newer vehicles recently  ...  view the full minutes text for item PR12/21

To receive the Committee’s work programme.

The Committee received their work programme. 

RESOLVED

That the work programme be noted.

           If the Committee wishes to consider the remaining item in private, it will be appropriate for a resolution to be passed in the following terms:-

            “that under Section 100A of the Local Government Act 1972 the press and public 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 under paragraph X of Part I of Schedule 12A to the Act. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

            (Note:  If other confidential business is approved under item 3, it will also be necessary to specify the class of exempt or confidential information in the additional items.)

The Chair moved, duly seconded, the following motion:

“that under Section 100A of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined under paragraph (3) of Part I of Schedule 12A to the Act. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

The Committee agreed the motion by general assent.

To receive a report

The Committee received a report.

RECOMMEND:

That public access to the report and decision be denied until the matter is resolved.