Agenda and minutes

Council - Tuesday, 1 July 2014 6.30 pm

Venue: Council Chamber

Contact: Rebecca Owen, Democratic Services Officer on 01455255879 or email  rebecca.owen@hinckley-bosworth.gov.uk 

Items
No. Item

60.

Apologies

Minutes:

Apologies for absence were submitted on behalf of Councillors Boothby, Morrell, Nichols, O’Shea and Sprason.

61.

Minutes of the previous meetings pdf icon PDF 71 KB

To confirm the minutes of the meetings held on 8 April and 20 May 2014.

Additional documents:

Minutes:

On the motion of Councillor Bray, seconded by Councillor Bill, it was

 

RESOLVED – the minutes of the meetings held on 8 April and 20 May 2014 be confirmed and signed by the Mayor.

62.

Declarations of interest

To receive verbally from Members any disclosures which they are required to make in accordance with the Council's code of conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the Agenda.

Minutes:

No interests were declared at this stage.

63.

Mayor's Communications

To receive such communications as the Mayor may decide to lay before the Council.

Minutes:

During his communications, the Mayor reported on various events he had attended, along with his achievement of having climbed the three Munros.

64.

Questions

To deal with questions under Council Procedure Rule number 11.1:

 

a)         Question from Councillor PR Batty to the Executive Member for Planning:

 

“Bearing in mind the current traffic chaos in the vicinity of the Hinckley Hub, particularly at peak times that appears to have been exacerbated by the change in road layout and installation of traffic lights at the Rugby Road junction, can the Executive member provide any reassurance that this situation will not continue to get even worse with the start of the construction phase of the Bus Station redevelopment together with the recently announced proposals for a retail park on Hawley Road between Tesco and Lidl. How will all this construction traffic be effectively managed without adding to the gridlock that is regularly being experienced by the people of Hinckley.

 

Can the Executive member please confirm whether or not there is a current finalised traffic management/circulation plan in place for this part of the town that would properly address the impact of the Bus Station development should it confound predictions and become the resounding success promised by his administration and if there is a detailed plan in place what would be the likely impact on that plan by the proposed retail park on Hawley Road, for example the significant likely increase in large delivery vehicles coming along Rugby Road from the M69 and under the railway bridge.”

 

Response from Councillor SL Bray:

 

“Cllr Batty is an experienced Councillor, he well knows that all highways matters are the responsibility of Leicestershire County Council.”

 

 

b)         Question from Councillor C Ladkin to the Executive Member for Finance:

 

            “Can the Executive member please confirm the  Council’s total spend for 2013 – 2014 on consultants and all forms of external advice and what the total projected spend is currently for this financial year.”

 

            Response from Councillor KWP Lynch:

 

In 13/14, the Council spent £104,000 on Consultants. This amount £45,000 which was the cost of the Council’s appointed self employed Regeneration Officer who was shared with

Oadby and Wigston Borough Council. The projected spend for this year is £100,000.

 

 

c)         Question from Councillor RG Allen to the Executive Member for Leisure:

 

“A fixed price of £13.55m had been contracted for the new leisure centre but then the footprint of the proposed building was reduced by some 6% (the Council’s figures), surely as there would have been a significant reduction in foundation, roof and some elevation costs, can the Executive member please explain why savings could not be found to fund the improvement to competition standard of the main swimming pool as requested by Hinckley Swimming Club.”

 

Response from Councillor DS Cope:

 

            “The answer to this question was essentially provided at the meeting of Council on 8 April, albeit it in response to a different question. The Leisure Centre will be the subject of the Extraordinary meeting of Council on 29 July, where you will have the opportunity to put such questions.”

Minutes:

The following questions and answers were presented to the meeting:

 

a)         Question from Councillor PR Batty to the Executive Member for Planning:

 

“Bearing in mind the current traffic chaos in the vicinity of the Hinckley Hub, particularly at peak times that appears to have been exacerbated by the change in road layout and installation of traffic lights at the Rugby Road junction, can the Executive member provide any reassurance that this situation will not continue to get even worse with the start of the construction phase of the Bus Station redevelopment together with the recently announced proposals for a retail park on Hawley Road between Tesco and Lidl. How will all this construction traffic be effectively managed without adding to the gridlock that is regularly being experienced by the people of Hinckley.

 

Can the Executive member please confirm whether or not there is a current finalised traffic management/circulation plan in place for this part of the town that would properly address the impact of the Bus Station development should it confound predictions and become the resounding success promised by his administration and if there is a detailed plan in place what would be the likely impact on that plan by the proposed retail park on Hawley Road, for example the significant likely increase in large delivery vehicles coming along Rugby Road from the M69 and under the railway bridge.”

 

Response from Councillor SL Bray:

 

“Cllr Batty is an experienced Councillor, he well knows that all highways matters are the responsibility of Leicestershire County Council.”

 

By way of supplementary question, Councillor Batty asked if HBBC had had any involvement in discussions, if they were aware whether a traffic plan was in place, and whether the County Council had invited any input into their plans. In response the Leader reminded members that a traffic plan had been a requirement of the permission for the Crescent development and had now been completed, and that the County Council’s LTP3 was focussed around growth in Hinckley so would be looking closely at the developments within and around the town.

 

b)         Question from Councillor C Ladkin to the Executive Member for Finance:

 

            “Can the Executive member please confirm the  Council’s total spend for 2013 – 2014 on consultants and all forms of external advice and what the total projected spend is currently for this financial year.”

 

            Response from Councillor KWP Lynch:

 

In 13/14, the Council spent £104,000 on Consultants. This amount £45,000 which was the cost of the Council’s appointed self employed Regeneration Officer who was shared with Oadby and Wigston Borough Council. The projected spend for this year is £100,000.

 

c)         Question from Councillor RG Allen to the Executive Member for Leisure:

 

“A fixed price of £13.55m had been contracted for the new leisure centre but then the footprint of the proposed building was reduced by some 6% (the Council’s figures), surely as there would have been a significant reduction in foundation, roof and some elevation costs, can the Executive member please  ...  view the full minutes text for item 64.

65.

Leader of the Council's Position Statement

 

Mr Mayor, Fellow Councillors, Members of the Public, Officers and Media Representatives

 

We have a long agenda tonight, with much to debate and approve which is positive for the people who live and work in our Borough. So, I shall be as brief as possible; although I do need to recognise the many other positive activities which will not be mentioned otherwise tonight.

 

First of all, despite the doubts and negative comments from the opposition Leader and his group, work to develop the new Crescent on the bus station site did begin on 2 June this

year, as promised, and has since moved on at a tremendous pace. Even people who do not live or work in Hinckley have expressed pleasant surprise at the speed of the demolition process!  We are well on the way to delivering something for which the town has waited for over twenty years!  Councillor Batty has made further brazen attempts to prevent this from happening and ending the Squash Club in Hinckley.  We will deal with that later on; but I am sure the public will see it for what it is!

 

For those who aren't aware already, I am very pleased to announce that the Council was placed a very close second, receiving a 'highly commended' award, at the recent MJ National Awards, in the category of Innovation in Finance. Members of the Scrutiny Commission have received recently a very brief presentation, summarising our submission, showing how our strategy to combine regeneration with sound financial management and planning for the future has proved very successful over the last ten or so years. To have secured this accolade in the face of stiff competition from much larger county and unitary authorities is a real feather in our corporate cap.  Congratulations to Sanjiv and his team. This comes on the back of the national award for our Endeavour initiative, which I announced in April, showing that the Council is maintaining a very positive national profile!

 

At the meeting of the Executive last week, we recognised and endorsed three very positive initiatives:

 

  *         The dedication of part of Queen's Park in Hinckley as a 'Centenary Field' in commemoration of those from this area who gave their lives in the Great War. This choice is particularly fitting, as many of those who died will have walked in this very Park in the years before and during that war. It is fitting also that I can announce

            this on the 98th anniversary of the first day of the battle of the Somme in 1916!

 

  *         The Environmental Health Commercial Services Enforcement Service Delivery Plan 2014/15.  Members of the Executive acknowledged that this is very much an 'unsung service', but one on which so many people in the area are dependent - but don't realise it. The report covered:  intervention rates, food sampling, food hygiene, health and safety campaigns and food surveillance, as well as a focus on Legionella, residential care homes and tyre and exhaust fitting.  ...  view the full agenda text for item 65.

Minutes:

In his position statement, the Leader referred to the commencement of work on the bus station site, the ‘highly commended’ award at the MJ Awards in the category of ‘Innovation in Finance’, decisions of the Executive taken the previous week, and the success of schools in the Borough in the Schools Games championships.

66.

Minutes of the Scrutiny Commission pdf icon PDF 26 KB

To receive for information only the draft minutes of the Scrutiny Commission meetings held on 15 May and 9 June 2014.

Additional documents:

Minutes:

The Chairman of the Scrutiny Commission presented minutes of the last two meetings for information.

67.

Green Space Delivery Plan pdf icon PDF 72 KB

Report of the Deputy Chief Executive (Community Direction) attached.

Additional documents:

Minutes:

Members received the Green Space Delivery Plan for consideration following the inclusion of recommendation of the Scrutiny Commission and consideration by the Hinckley Area Committee. Some discussion ensued regarding open space provision associated with new developments and whether this was better provided on or off site.

 

The Executive Member thanked the Green Space Team for their hard work on the Plan and in general and it was moved by Councillor Crooks, seconded by Councillor Bray and

 

RESOLVED

 

(i)         The Green Space Delivery Plan be adopted;

 

(ii)        capital scheme budgets to the value of £502,445 for schemes that have identified funding over the term of the plan be agreed;

 

(iii)       the revenue schemes and additional maintenance costs be noted;

 

(iv)       funding changes and associated impact on the Special Expenses reserves identified in paragraph 4.4 of the report be noted;

 

(v)        the delay in some schemes pending finalisation of funding be noted;

 

(vi)       the delay in schemes for which developer contributions have been identified be noted;

 

(vii)      the delivery of the plan be delegated to the Head of Street Scene Services and the relevant Executive Member.

68.

Hinckley & Bosworth Community Plan pdf icon PDF 43 KB

Report of the Deputy Chief Executive (Community Direction) attached.

Additional documents:

Minutes:

Council received the refreshed Community Plan for 2014-2018. Members noted the positive work being undertaken by the Local Strategic Partnership and its delivery partners against the Community Plan priorities. It was moved by Councillor Bill, seconded by Councillor Bray and

 

RESOLVED – the Hinckley & Bosworth Community Plan 2014-2013 be approved.

69.

People Strategy pdf icon PDF 31 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Additional documents:

Minutes:

Members received the updated People Strategy 2014-2016. Members were pleased to see the investment in young people, whilst supporting the ageing workforce to continue to work. Clarification was sought on the auto-enrolment deferral and it was explained that auto-enrolment already took place, but the automatic annual re-enrolment of those who had opted out was being deferred to 2017/18.

 

Concern was expressed regarding sickness absence that following a long period of low sickness absence, there had been a sharp increase over the previous year. In response it was reported that there had been a few long term sickness cases which had distorted the figures, but that in the first couple of months of 2014/15, sickness absence had again reduced and was likely to produce an outturn of around 8 days. Concern was also expressed at the suggestion that the sick pay policy may be reviewed, however members were assured that any suggested changes would be subject to full consultation and collective agreement.

 

With regard to the comment in the documents stating that the Council supported the principle of the living wage, a member asked why this wording was used and did not state that the Council was fully committed to the living wage. In response it was explained that, whilst all direct employees were paid above the living wage, in order to be fully committed it would be a requirement that all contractors used also had to support the living wage. It was hoped that this may be achieved in the future, but at the current time it had not been feasible.

 

On the motion of Councillor Witherford, seconded by Councillor Bray, it was

 

RESOLVED – the People Strategy 2014 – 2016 be approved.

70.

Petition - Campaign for public toilets for Earl Shilton pdf icon PDF 38 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Minutes:

Members received a report presenting a petition with 334 verified signatures which called for a new public toilet facility for Earl Shilton. Members were informed that, in accordance with the Council’s Petitions Scheme and having achieved the required number of signatures, the merits of the Petition must now be debated by Council in order to decide whether the matter should proceed to the next stage and a full report should be requested.

 

During discussion, it was suggested that in preparing the full report and financial implications, other groups be included in discussions including the ward councillors and Town Council. A task & finish group was also suggested.

 

In concluding the debate, it was requested that the Petitions Scheme be reviewed as the procedure for bringing a report on the requested action seemed long-winded.

 

It was moved by Councillor Witherford, seconded by Councillor Bray and

 

RESOLVED

 

(i)         a meeting be convened between officers from the Asset Management team, ward councillors and the Town Council:

 

(ii)        a full report on the requested action be brought to the next ordinary meeting;

 

(iii)       in light of the relaxing of the regulations since the adoption of the scheme, the Petitions Scheme be reviewed.

71.

Hinckley Squash & Rackets Club pdf icon PDF 76 KB

Advice from PricewaterhouseCoopers LLP has been provided in two emails as follows:

 

From: janet.morritt@uk.pwc.com [mailto:janet.morritt@uk.pwc.com]
Sent: 15 May 2014 18:20
To: Sanjiv Kohli
Cc: Katherine Plummer; adam.timmins@uk.pwc.com
Subject: RE: Squash Club

 

Sanjiv,

If the Council will not have an interest in the land on which the new facility will be built, although the Council can reclaim VAT on the construction of the new facility, it will be seen to be making an onward standard rated supply of construction services to the Squash Club.  As such, the Council will need to declare VAT on the value of the construction works, i.e. £800,000.  This should put the Council into a "nil net" VAT position as it will reclaim £160,000 of VAT on the construction of the facility but will also need to "pay" £160,000 of VAT to HMRC on the onward supply of the construction services to the Squash Club.

If the Council has a freehold or leasehold interest in the land at Tungsten Park (e.g. the Council buys the land or takes a lease in the land from the Squash Club), constructs the new facility then grants a lease in the new facility to the Squash Club, the Council will reclaim VAT on the construction of the new facility but no VAT will be due on the lease to the Squash Club as the lease will be exempt from VAT.  In this case, the Council will reclaim VAT of £160,000 on the construction works but will not be required to "pay" any VAT to HMRC on the lease putting the Council in receipt of £160,000 of VAT from HMRC.  Although this VAT will be exempt input tax, based on our calculations, the Council should remain within its 5% limit under the seven year average (my email of 13 May 2014 refers).

We cannot say if the legal documents will need to be changed as we have not seen them.  However, the key issue for VAT is to ensure that all transactions are identified with the correct VAT liabilities being applied and any VAT due being brought to account as necessary.

I am happy to discuss the arrangements further with you; however, I will not be in the office now until Monday 19 May 2014.

Kind regards
Janet

Janet Morritt
PwC
Direct: +44 (0)121 232 2406
Email: janet.morritt@uk.pwc.com
PricewaterhouseCoopers LLP
Cornwall Court, 19 Cornwall Street, Birmingham, B3 2DT
Secretary: Lynda Handley Direct: +44 (0)121 265 5165; Email:
lynda.handley@uk.pwc.com

 

From: janet.morritt@uk.pwc.com [mailto:janet.morritt@uk.pwc.com]
Sent: 30 June 2014 17:12
To: Sanjiv Kohli
Cc: adam.timmins@uk.pwc.com; Katherine Plummer; david.s.phelps@uk.pwc.com
Subject: RE: Squash Club

 

Hello Sanjiv,

Following our earlier conversation, I can confirm the following:

  1. We are happy for you to table the advice in our emails of 13 and 15 My 2014 to the Council meeting tomorrow as the advice was provided for use by the Council.  The original emails have a PwC header so can be treated as formal advice from us to the Council.
  1. We are happy to act on the Council’s behalf  ...  view the full agenda text for item 71.

Minutes:

Council was informed of the position regarding Hinckley Squash and Rackets Club and the proposal to facilitate the delivery of the new Squash Club. In response to concerns from some members, it was confirmed that the viability of the club had been assured, the courts would be available for booking by the public, and independent advice had been sought on the proposal.

 

It was moved by Councillor Lynch, seconded by Councillor Bray, and

 

RESOLVED

 

(i)         the positive progress made in securing the opportunity of a new site and premises for Hinckley Squash and Rackets Club be endorsed;

 

(ii)        the procurement arrangements set out in the report to facilitate the delivery of the new Squash Club be approved and the legal agreements required be highlighted;

 

(iii)       in accordance with paragraph 1.4 of the Contract Procedure Rules, the waiving of the application of all of the Contract Procedure Rules to the contract and any sub-contract or other agreement to be entered into in relation to the proposals contained within the report;

 

(iv)       the following supplementary budgets be approved:

 

(a)        a capital budget of £998,338 + VAT + £2,380 SDLT for the capital costs of the work;

 

(b)        an income budget of £1,026,104 to represent the funding to be received for the capital works;

 

(c)        re-designation of the current expenditure budget of £49,000 which was to be awarded to the Squash Club but is no longer required, be set aside to meet any potential SDLT liability arising on the Squash Club.

 

(v)        the saving of £51,885 after legal and VAT advice costs be noted;

 

(vi)       the retention of the £51,885 saving in a reserve ring-fenced to meet any SDLT liability that may be incurred by the Hinckley Squash and Rackets Club due to the grant of the long lease, be approved;

 

(vii)      authority be delegated to the Chief Executive in consultation with the Leader of the Council and Executive Member for Finance to approve the final legal agreements subject to the community use of the facility being secured within the documentation and the financial implications being within the budgeted cost set out in the report;

 

(viii)     the purchase of the freehold of the land at Tungsten Park be approved and, should the Squash Club wish for it, the granting of an option to purchase for a nominal sum to HSRC in the lease agreement at the end of the 125 year lease, be agreed.

72.

Pay policy statement pdf icon PDF 33 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Additional documents:

Minutes:

Members received the Pay Policy Statement 2014/15. During discussion on the minimum wage, whilst members were happy that the authority paid above minimum wage, they again expressed concern that contractors with whom the authority worked may not be committed to paying the minimum wage. In response it was reiterated that this would be considered when contracts came up for re-tender.

 

It was suggested that the Members Allowance Scheme required reviewing with a view to increasing the member’s allowance, but another member felt that as employees were not receiving pay awards, members’ allowances should also remain static.

 

On the motion of Councillor Lynch, seconded by Councillor Bray, it was

 

RESOLVED – the HBBC Pay Policy Statement for 2014/15 be approved.

73.

Outturn 2013/14 pdf icon PDF 90 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Additional documents:

Minutes:

Council was presented with the draft financial outturn for 2013/14. On the motion of Councillor Lynch, seconded by Councillor Bray, it was

 

RESOLVED

 

(i)         the draft general fund outturn for 2013/14 be approved;

 

(ii)        the transfers to earmarked reserves and balances be approved;

 

(iii)       the carry forwards of expenditure and income to 2014/15 be approved;

 

(iv)       the draft Housing Revenue and Housing Repairs account (HRA) outturn for 2013/14 and transfers to/from be approved;

 

(v)        the recommendations in respect of the year end outturn for the General Fund capital programme and the Housing Revenue Account capital programme and carry forwards be approved;

 

(vi)       the outturn for the Leicestershire Revenues and Benefits Partnership for 2013/14 be noted;

 

(vii)      the link between the outturn report and the review of reserves be noted.

74.

Earmarked reserves pdf icon PDF 89 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Minutes:

Council was updated on the outcome of the annual review of earmarked reserves. Concern was expressed regarding the reserve for planning appeals and also, prompted by the mention of enforcement reserves, about the resources available for enforcement.  In response it was reported that the appeals costs were under continuous review and that enforcement was being monitored.

 

On the motion of Councillor Lynch, seconded by Councillor Bray, it was

 

RESOLVED

 

(i)         recommended transfers from balances to earmarked reserves be approved;

 

(ii)        additional earmarked reserves to fund anticipated expenditure be approved.

75.

Property Asset Management Plan pdf icon PDF 38 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Additional documents:

Minutes:

Members were presented with the revised Property Asset Management Plan. On the motion of Councillor Lynch, seconded by Councillor Camamile, it was

 

RESOLVED – the Property Asset Management Plan be approved.

76.

Disposal of land at Barlestone Playing Fields pdf icon PDF 91 KB

Report of the Deputy Chief Executive (Corporate Direction) attached.

Additional documents:

Minutes:

Members were updated on the current position regarding the sale of the playing fields in Barlestone. It was moved by Councillor Lynch, seconded by Councillor Bill and

 

RESOLVED – the sale of playing fields to Barlestone Parish Council for the sum of £1.00 on the terms set out in the report be approved.

77.

Matters from which the public may be excluded

To consider the passing of a resolution under Section 100A(4) of the Local Government Act 1972 excluding the public from the undermentioned item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 5 and 10 of Schedule 12A of the 1972 Act.

Minutes:

On the motion of Councillor Gould seconded by Councillor Cope, it was

 

RESOLVED – in accordance with section 100A(4) of the Local Government Act 1972, the public be excluded from the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraphs 5 and 10 of Part I of Schedule 12A of that Act.

78.

Land Charges Settlement

Report of the Deputy Chief Executive (Corporate Direction) attached.

Minutes:

Members received a report on the position regarding the land charges settlement. On the motion of Councillor Lynch, seconded by Councillor Bray, it was

 

RESOLVED – the recommendations contained within the report be approved.