| 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, Strategic Director of Customer Services, Head of Finance, Performance & Asset Management, Head of Development & Building Control, Head of Housing and Public Protection, Head of Revenues, Benefits & IT, Strategic Planning & Projects Manager, Environmental Health Manager, Service Manager - Waste & Recycling, Service Manager - Grounds Maintenance, Senior Lawyer, Democratic Services Manager and Committee & Member Services Manager. |
| ALSO PRESENT: | Councillors Cathryn Henry (Chairman of the Overview & Scrutiny Committee), Michael Weeks (Chairman of the Finance, Audit & Risk Committee), Gary Grindal and Alan Millard. 6 members of the public. |
| Meeting attachments |
Agenda Front Sheet Audio Recording of Meeting 1 Audio Recording of Meeting 2 |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 52 |
APOLOGIES FOR ABSENCE There were no apologies for absence. |
Noted | ||
| 53 |
NOTIFICATION OF OTHER BUSINESS There was no notification of other business. |
Noted | ||
| 54 |
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, Item 17 (the Part 2 item on the proposed Crematorium) would be considered in advance of Item 15 (the Part 1 item on the same matter). |
Noted | ||
| 55 |
PUBLIC PARTICIPATION The Cabinet was addressed by Mr Chris Parker (on behalf of Walsworth Community Association) regarding Item 14 on the agenda - Community Centre Leases. Mr Parker hoped that Cabinet members were aware of his presentation to the Overview and Scrutiny Committee at its meeting held on 20 September 2016, where he had raised some serious concerns regarding lack of consultation and shortage of information enabling the Community Association to make a positive contribution towards the renewal of a lease, future maintenance and management of the Walsworth Community Centre. Mr Parker commented that he welcomed the recommendation to Cabinet made by the Overview and Scrutiny Committee to extend the consultation period to 31 January 2017 for the Walsworth Community Association. Mr Parker stated that the Community Association and its trustees looked forward to agreeing with officers possible joint funding to complete agreed maintenance and repairs. This would enable officers, trustees and the Community Association to come to a satisfactory agreement on the provision of a new lease. Mr Parker hoped that the Council would agree to fund the necessary repairs, maybe through the £1million that the Head of Finance, Performance and Asset Management said was available for all Community Centres to make bids for capital works. Mr Parker commented that, not initially shared with the Community Association by the Council was the recent condition report. He confirmed that the condition report had now just been received, but that the Community Association had not had sufficient time to review its contents. However, if it was similar to the stock condition survey completed in 2013, and reviewed in March 2016, then a substantial number of these items were considered to be unnecessary or impractical in the current financial climate. The Community Association would be happy to discuss these items. Mr Parker advised that the Walsworth Community Centre was regularly booked each week by the Dementia Group, mother and toddlers, art classes yoga, metal detecting, Credit Union, Christian Assembly Church etc. It also provided a venue for weddings, birthdays and Christmas parties. Not forgetting its use as a polling station for elections. With the planned 700 new homes in Walsworth the demand would increase and new groups would emerge. Mr Parker stated that Officers and Councillors were more than welcome to visit the Community Centre to meet the various groups that relied on the Centre for their activities. The Community Centre was a Victorian Building built in 1852 as a British School and highly valued within the local community. For the amount of money spent on the fabric of the building over the last 10 years it was in a reasonable condition and functional for its age. Mr Parker invited the officers to a meeting between the Walsworth Community Association and trustees to discuss these issues at the Walsworth Community Centre, Walsworth Road Hitchin on Monday, 10 October 2016 at 7.30pm. The Chairman thanked Mr Parker for his presentation. |
Noted | ||
| 56 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 20 SEPTEMBER 2016 - REGULATION OF INVESTIGATORY POWERS ACT (RIPA) INSPECTION AND ANNUAL REVIEW AND USE OF SOCIAL MEDIA IN INVESTIGATIONS POLICY AND PROCEDURE Referral RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 12 (see Minute 67 below). |
Noted | ||
| 57 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 20 SEPTEMBER 2016 - PROPOSAL TO SET UP A COUNTY WIDE HOME IMPROVEMENT SERVICES IN HERTFORDSHIRE Referral RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 11 (see Minute 66 below). |
Noted | ||
| 58 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 20 SEPTEMBER 2016 - COMMUNITY CENTRE LEASES Referral RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 14 (see Minute 69 below). |
Noted | ||
| 59 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 20 SEPTEMBER 2016 - PROPOSED CREMATORIUM AT WILBURY HILLS CEMETERY, LETCHWORTH GARDEN CITY - INTERIM REPORT ON BUSINESS CASE Referral RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 15 (see Minute 72 below). |
Noted | ||
| 60 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 22 SEPTEMBER 2016 - RISK MANAGEMENT UPDATE Referral Appendix A - Amended and new Top Risks The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of a Risk Management Update (Minute 26 refers): "RECOMMENDED TO CABINET: (1) That "Asset Management" be removed as a Top Cabinet Risk; (2) That the impact be reduced for the "Increased Homelessness and use of B & B" Top Cabinet Risk; (3) That the addition of a new sub-risk to the Waste & Street Cleansing Renewal Cabinet Top Risk of "Depot/Transfer Station" be agreed; and (4) That the addition of a new Top Risk entitled "Income Generation Projects" be agreed." The Executive Member for Finance and IT stated that he had no objection to the above recommendation. RESOLVED: (1) That "Asset Management" be removed as a Top Cabinet Risk; (2) That the impact be reduced for the "Increased Homelessness and use of B & B" Top Cabinet Risk; (3) That the addition of a new sub-risk to the Waste & Street Cleansing Renewal Cabinet Top Risk of "Depot/Transfer Station" be agreed; and (4) That the addition of a new Top Risk entitled "Income Generation Projects" be agreed. REASON FOR DECISION: To comply with the requirements of the Risk and Opportunities Management Strategy. |
Agreed | ||
| 61 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 22 SEPTEMBER 2016 - UPDATED CONTRACT PROCUREMENT RULES Referral Appendix A - Draft amended Contract Procurement Rules Appendix B - Summary of Changes The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of the updated Contract Procurement Rules (Minute 32 refers): "RECOMMENDED TO CABINET: That the proposed changes to the Contract Procurement Rules, as described in Section 7 of the report and as set out in Appendix A to the report, be recommended to Council for approval." The Executive Member for Finance and IT stated that he was concerned that Cabinet Members had not had sufficient time to fully digest the content of the revised Rules, and therefore recommended that this referral be deferred to the next Cabinet meeting on 22 November 2016. RESOLVED: That consideration of the updated Contract Procurement Rules be deferred to the next Cabinet meeting on 22 November 2016. REASON FOR DECISION: To allow sufficient time for Cabinet Members to give full consideration to the changes to the Rules. |
Not Agreed | ||
| 62 |
STRATEGIC PLANNING MATTERS Report 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; North Hertfordshire Local Plan; and Government announcements. In respect of the North Hertfordshire Local Plan, the Executive Member for Planning and Enterprise advised that, at the Cabinet meeting held on 26 September 2016, the draft Submission version of the Plan had been approved for public consultation for a period of six weeks anticipated to commence from 19 October 2016. In relation to Government announcements, the Head of Development and Building Control commented that the Summer of 2016 had seen 3 such announcements, primarily in respect of Neighbourhood Planning. The first was a document that fed back on the February 2016 Technical Consultation on Implementation of Planning Changes. Primarily, the document fed back on the neighbourhood planning questions within the consultation and commented upon a number of new timescales to the Neighbourhood Planning process. The document did highlight concerns from local authorities with regard to the resource implications of the proposals, but generally the proposals were not considered by the Government to represent a new burden. However, as a referendum for one of the District's towns had been estimated to cost in the region of £5,000-£7,500, the Head of Development and Building Control disagreed with the Government's view that there was no new burden on local authorities. The other issues related to fitting in with Cabinet timescales, and it had been recognised that an element of delegated authority may be required in order to meet Neighbourhood Planning timescales. The Head of Development and Building Control advised that the second announcement related to the Neighbourhood Planning Bill, which had had its first reading in the House of Commons on 7 September 2016, and was due for its second reading on 10 October 2016. One of the elements of the Bill was to try to clarify as to when a Local Planning Authority should have regard to Neighbourhood Plans when dealing with planning applications - post-examination was proposed currently. Another element suggested that Local Planning Authorities could only impose pre-commencement conditions on planning applications where they had first obtained the applicant's written consent. The Head of Development and Building Control stated that the third announcement related to a "technical consultation on implementation of neighbourhood planning provisions in the Neighbourhood Planning Bill". The elements of this consultation were not particularly onerous, such as reviewing and updating the Statement of Community Involvement (SCI) at least every 5 years (NHDC currently carried out such reviews/updates on a more regular basis). It also sought to ensure that a Neighbourhood Plan did not adversely affect any existing plan remaining in place. Officers, in conjunction with the Executive Member for Planning and Enterprise, would be preparing a response to this consultation, if one was felt appropriate. The Cabinet Chairman was concerned about the impact of a number of the potential changes outlined by the Head of Development and Building Control with regard to the Neighbourhood Planning Bill, and asked him and the Executive Member for Planning and Enterprise to consider, once more information was known as the Bill progressed, writing a letter to the District's 3 MPs requesting their support when the matter was debated in the House of Commons. With regard to the Local Plans of neighbouring authorities, the Strategic Planning and Projects Manager stated that the Luton Local Plan Examination in Public (EIP) was currently taking place. The EIP had been considering strategic matters, particularly regarding Luton's housing needs and housing market area. It appeared that the Inspector was trying to take a pragmatic view in order to move the Plan forward. In respect of the Growth Area Study, the Inspector had indicated that the outcome of this may result in an early review of the Luton Local Plan, possibly as early as in 3 years' time. This could, in due course, impact upon the North Hertfordshire Local Plan. In respect of the East Hertfordshire Local Plan, the Strategic Planning and Projects Manager reported that East Hertfordshire District Council had agreed its Pre-Submission Plan for consultation from 3 November 2016 for 6 weeks. It was likely that Stevenage Borough Council would be aiming for the EIP on its Plan in January 2017. St. Albans City Council had been advised of a date of 26 October 2016 for a pre-hearing on its Plan with the appointed Inspector. RESOLVED: That the report on Strategic Planning Matters be noted. REASON FOR DECISION: To ensure that the Cabinet is kept informed of developments on strategic planning matters and progress on the North Hertfordshire Local Plan. |
Noted | ||
| 63 |
FIRST QUARTER REVENUE MONITORING 2016/17 Report The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Revenue Budget Monitoring 2016/17. The Executive Member for Finance and IT advised that the three most significant variances on the budget related to: - Increased interest income from investments of £55,000, mainly due to investing for longer periods and the corresponding higher interest rate that was received; - North Herts Leisure Centre - £78,000 - the delay in completion of the capital works meant that the increased revenue income from the learner pool would also be delayed; and - An increase of £52,000 in the levy that the Council was required to pay in relation to Municipal Mutual Insurance. The Executive Member for Finance and IT commented that the 5 key corporate "financial health" indicators set out in table 3 of the report were forecast to match or exceed the budgeted level of income. In respect of the General Fund balance, he explained that this would be updated at Second Quarter to reflect the senior management redundancy/early retirement packages approved by the Council at its meeting held on 19 September 2016. In response to a Member's question, the Strategic Director of Customer Services undertook to provide all Cabinet members with a breakdown of costs relating to the North Hertfordshire Leisure Centre extension contract. RESOLVED: (1) That the report be noted; (2) That the changes to the 2016/17 General Fund Budget, as identified in Table 2 and Paragraph 7.3 of the report, and involving an increase in net expenditure of £122,000, be approved; and (3) That the forecast changes to the 2017/18 General Fund Budget, as identified in Table 2 and Paragraph 7.3 of the report, and involving an increase in net expenditure of £77,000, be noted, and that these be incorporated into the 2017/18 budget setting papers to be approved by Council in February 2017. REASON FOR DECISION: To monitor and request appropriate action of Directorates who do not meet the budget targets set as part of the Corporate Business Planning process; and to ensure that changes to the Council's balances are monitored and approved. |
Agreed | ||
| 64 |
TREASURY MANAGEMENT FIRST QUARTER 2016/17 Report Appendix A - Treasury Management Update June 2016 The Executive Member for Finance and IT presented a report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Treasury Management Monitoring 2016/17. The following appendix was submitted with the report: Appendix A - Treasury Management Update - June 2016. The Executive Member for Finance and IT advised that, during the First Quarter, the Council had operated within the treasury and prudential indicators set out in the approved Treasury Management Strategy and in compliance with CIPFA Treasury Management Practices. He reminded Members that, for 2016/17, the Council was expected to earn £55,000 more in interest than originally forecasted (£427,000 rather than £372,000). The Executive Member for Finance and IT stated that interest rates were considerably less than they were a number of years ago. The interest forecast prepared by Capita (as at 30 June 2016) would require subsequent amendment due to reductions in the bank base rate. RESOLVED: That the position of Treasury Management activity as at the end of June 2016, as set out in the report, be noted. REASON FOR DECISION: To ensure the Council's continued compliance with CIPFA's Code of Practice on Treasury Management and the Local Government Act 2003, and to ensure the Council manages its exposure to interest and capital risk. |
Noted | ||
| 65 |
FIRST QUARTER CAPITAL MONITORING 2016/17 Report Appendix A - Capital Programme Summary 2016/17 onwards Appendix B - Capital Programme Detail 2016/17 onwards The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Capital Programme Monitoring 2016/17. The following appendices were submitted with the report: Appendix A - Capital Programme Summary 2016/17 onwards; and Appendix B - Capital Programme Detail 2016/17 onwards. The Executive Member for Finance and IT drew attention to the re-profiling of Capital spend totalling £1.699million, as set out in table 2 of the report, and he highlighted the major re-profiled schemes. The Executive Member for Finance and IT referred to the forecast funding of the Capital programme set out in table 3 of the report. He advised that the Capital set aside funds would diminish over the next few years as Capital schemes were completed. RESOLVED: (1) That the report be noted; (2) That the adjustments to the projected Capital Programme for 2016/17 for the North Hertfordshire Museum for an increase in budget of up to a maximum of £154,000, as agreed by Council on 19 May 2016, be approved; (3) That the adjustments to the projected Capital Programme for 2016/17 for the District Council Office refurbishment for an increase in budget of up to a maximum of £2,430,000, as agreed by Council on the 14 July 2016, be approved; (4) That the adjustments to the projected Capital Programme for 2016/17 for the Capitalisation of Pension Contributions for an increase in budget of up to a maximum of £2,500,000, as agreed by Council on 11 February 2016, be approved; (5) That the adjustments to the 2016/17 Capital Programme identified in Table 2 and Paragraph 7.4 of the report, totalling £1,415,000 reduction in the 2016/17 working budget, be approved; and (6) That the forecast changes to the 2017/18 Capital Programme identified in Table 2 and Paragraph 7.4 of the report, totalling a £1,699,000 increase in spend be noted, and that these be incorporated into the 2017/18 budget setting papers to be approved by Council in February 2017. REASON FOR DECISION: To approve revisions to the Capital Programme, and to ensure that the Capital Programme is fully funded. |
Noted | ||
| 66 |
COUNCIL TAX REDUCTION SCHEME 2017/18 Report Appendix 1 - Council Tax Reduction Scheme Values 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 by Category; and Appendix 2 - Summary of Temporary Absence Changes. The Executive Member for Finance and IT advised that there were no plans to change the substantive Council Tax Reduction Scheme (CTRS) 2017/18, which meant that the standard percentage reduction being made to the award for potential claimants would remain at 25%. The Executive Member for Finance and IT stated that, due to a number of technical welfare and benefit changes that it was proposed to incorporate into the Scheme, public consultation would be required. The results of the consultation would be incorporated into the report on the Scheme to be submitted to the December 2016 Cabinet meeting. The Executive Member for Finance and IT explained that Chart 1 in the report showed that the total number of claimants under the Scheme had gradually decreased since 2013/14. This was partly due to the fact that many claimants of working age had subsequently found employment. The protection of pension age and vulnerable/disabled claimants would continue. The Executive Member for Finance and IT referred to the technical changes mentioned earlier, which were detailed in the report. The report also posed the question as to whether or not these changes should be reflected in the CTRS for 2017/18. The changes were: (1) Backdating of awards can only be made to a maximum of one month for working age claimants rather than six months; (2) Child premiums limited to two dependent children for new claims from 1 April 2017 or for children born after 1 April 2017; (3) Changes to the Temporary Absence Rules; (4) Removal of Severe Disability Premium for persons where Universal Credit (Carers Element) is in payment; and (5) Removal of the Employment Support Allowance Work Related Activity Component for all new Employment Support Allowance Work Related Activity Group claims. For the reasons set out in the report, the Executive Member for Finance and IT recommended that Changes (3), (4) and (5) above should be included in the Scheme, and that Changes (1) and (2) should not be included in the Scheme. The Executive Member for Finance and IT further recommended that, as with previous years, the principle of reducing the amounts distributed to Parish, Town and Community Councils in line with NHDC's own reduction in Government Support should continue for 2017/18. RESOLVED: (1) That the current position relating to the current and previous financial years on the Council Tax Reduction Scheme (CTRS) be noted; (2) That there be no substantive changes to the Council Tax Reduction Scheme for 2017/18; (3) That Cabinet is minded to recommend to the Council at its Meeting on 19 January 2017 that changes be made to the CTRS to implement the following to ensure the consistency of the Scheme with other welfare benefit changes: - Changes to the Temporary Absence Rules; - 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 that the Head of Revenues, Benefits & IT should carry out the necessary public consultation; (4) That the Executive Member of Finance and IT be consulted on the content of the consultation questionnaire; (5) That it be noted that the level of Scheme funding to be allocated to Parish, Town and Community Councils will be reduced in line with the reduction in Government Support; and (6) That Cabinet considers at its meeting on 20 December 2016 whether there is scope to increase the value of awards, taking into consideration any knowledge at the time on likely Council Tax increases for 2017/2018. REASON FOR DECISION: To decide on whether or not there will be changes to the Council Tax Reduction Scheme for 2017/18, thereby enabling the required public consultation to be carried out. |
Agreed | ||
| 67 |
PROPOSAL TO SET UP A COUNTY WIDE HOME IMPROVEMENT AGENCY SERVICE IN HERTFORDSHIRE Report and Appendices The Executive Member for Housing and Environmental Health presented a report of the Head of Housing and Public Protection in respect of a proposal to set up a County wide Home Improvement Agency Service in Hertfordshire. The following appendices were submitted with the report: Appendix 1 - Hertfordshire Shared Home Improvement Agency (HIA) Final Business Case; and Appendix 2 - Equality Impact Analysis. The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of a proposal to set up a County wide Home Improvement Agency Service in Hertfordshire (Minute 53 refers): "That the recommendations contained in the report entitled "Proposal to set up a County wide Home Improvement Agency Service in Hertfordshire" be supported." The Executive Member for Housing and Environmental Health thanked the Overview and Scrutiny Committee for its support to the proposals, and advised that Disabled Facilities Grants were important in enabling residents to have adaptations in their own homes. This, in turn, helped to relieve the pressure on local services. The Executive Member for Housing and Environmental Health stated that the Government had recognised the importance of the Grants, reflected by the fact that Government support had increased over the years from £286,000 in 2014/15 to £360,000 in 2015/16. It had further increased in 2016/17 to £653,000. The Council had also made its own generous contribution to the Grants fund, which for 2016/17 stood at a total of £745,000. The Executive Member for Housing and Environmental Health explained that, since 2013, the Grants had been administered by Hertfordshire County Council (HCC) through the Better Care Fund, with monies being paid out to District/Borough Councils as appropriate. NHDC used the money efficiently, in particular when agents were involved in the process. However, the Executive Member for Housing and Environmental Health had no doubt that further efficiencies could be made, particularly in the areas of cost delivery and timing of delivery. Under the 2014 Care Act, NHDC had a duty to support modernisation of the way it supported people to live in their own homes. The Executive Member for Housing and Environmental Health advised that HCC had carried out a Partnership review to identify what benefits could be achieved by instigating a County wide Home Improvement Agency Service, where all Hertfordshire local authorities could be brought together into one shared service. On 7 September 2016, an HCC Cabinet Panel meeting had accepted the proposal and had endorsed the recommendation to develop the new service with the District/Borough Councils. Accordingly, the Executive Member for Housing and Environmental Health was recommending that Cabinet authorised the Council to enter into an agreement in principle with the other Hertfordshire Councils to explore a Shared Home Improvement Agency Service. The Executive Member for Housing and Environmental Health and Environmental Health Manager answered a number of Members' questions in respect of the report. RESOLVED: (1) That the Council be authorised to enter into an agreement in principle with other Hertfordshire councils to explore a shared home improvement agency service; (2) That the Head of Housing and Public Protection, in consultation with the Executive Member for Housing and Environmental Health, be authorised to contribute to the development of detailed measures to establish the Service, subject to a further report to Cabinet to approve the final arrangements, which shall include appropriate safeguards to ensure that the Council's financial contributions to any collaborative delivery model are ring-fenced to North Hertfordshire residents; and (3) That Cabinet subsequently receives a report concerning a revised Private Sector Renewals Policy to reflect any new service delivery arrangements. REASON FOR DECISION: To enable Hertfordshire councils to establish an improved and cost effective service to support independent living, including the administration of Disabled Facilities Grants, and to enable work to continue on the setting up of the Service in advance of a possible launch in 2017/18. |
Agreed | ||
| 68 |
REGULATION OF INVESTIGATORY POWERS ACT (RIPA) INSPECTION AND ANNUAL REVIEW AND USE OF SOCIAL MEDIA IN INVESTIGATIONS POLICY AND PROCEDURE Report Appendix A - RIPA Policy with proposed amendments Appendix B1 - OSC Inspection report dated 11 July 2016 Appendix B2 - OSC Inspection report dated 11 July 2016 Appendix B3 - OSC Inspection report dated 11 July 2016 Appendix C - Proposed Use of Social Media in Investigations Policy The Senior Lawyer presented a report of the Corporate Legal Manager and Monitoring Officer in respect of the Regulation of Investigatory Powers Act (RIPA) - Inspection and Annual Policy Review and the new Use of Social Media in Investigations Policy and Procedure. The following appendices were submitted with the report: Appendix A - RIPA Policy with proposed amendments; Appendix B - Office of Surveillance Commissioners' (OSC) Inspection Report, dated 11 July 2016; and Appendix C - Proposed Use of Social Media in Investigations Policy. The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of the Regulation of Investigatory Powers Act (RIPA) - Inspection and Annual Policy Review and the new Use of Social Media in Investigations Policy and Procedure (Minute 51 refers): "That the recommendations contained in the report be supported." In respect of RIPA, the Senior Lawyer advised that the Council was last inspected by the OSC as part of a three year programme in 2013. Since then the OSC had changed its approach based on how frequently directed surveillance was used. NHDC had not authorised nor applied for such surveillance for the last five years. Therefore, the new process had involved an initial questionnaire, followed by a Policy review, and the a discussion between the OSC and the senior responsible officer. The Senior Lawyer commented that the OSC report at Appendix B was very positive. There were some minor changes suggested to the overarching RIPA Policy. These changes had been incorporated into the revised Policy attached at Appendix A to the report. The Senior Lawyer explained that social media had increasingly become a potential danger area for criminal investigations. It had previously been highlighted to the Overview and Scrutiny Committee that a Use of Social Media in Investigations Policy was to be prepared, an approach endorsed by the OSC. The resultant policy appended at Appendix C to the report aimed to introduce practical measures to deal with such issues on a case by case basis for any criminal investigations. Training would be provided for appropriate officers and briefing notes would be produced for Members. RESOLVED: (1) That the content of the report be noted, in particular the positive inspection of the OSC; (2) That the amended RIPA Policy, as attached at Appendix A to the report, be adopted; and (3) That the Use of Social Media in Investigations Policy and Procedure, as attached at Appendix C to the report, be adopted. REASON FOR DECISION: To comply with best practice guidance and implement the OSC findings. |
Agreed | ||
| 69 |
TRANSPORT AND SALE OF MIXED DRY RECYCLING Reports The Executive Member for Waste, Recycling and Environment presented a report of the Head of Leisure and Environmental Services in respect of the transport and sale of mixed dry recyclables. The Executive Member for Waste, Recycling and Environment advised that the Council's current contract for the transport and sale of missed dry recycling expired in January 2017. The existing contractor had expressed a willingness to extend the contract until October 2017, although NHDC had not yet finalised its joint waste contract arrangements with East Hertfordshire District Council (EHDC) (within the new joint contract scheduled to commence in May 2018). The Executive Member for Waste, Recycling and Environment proposed that the solution to this problem would be to tender for a new contract to run from February 2017 to May 2018, until such time as the joint waste contract with EHDC came into operation. The Executive Members for Finance and IT stated that this matter had been included on the Council's Risk Register. The Executive Member for Waste, Recycling and Environment confirmed that there would be no change in the service offered to the public. RESOLVED: (1) That a new joint contract be procured for the transport, processing and sale of mixed dry recycling, and an OJEU notice be published; and (2) That the potential impact on the base budget of the requirement to re-tender for the transport and onward sale and processing of mixed dry recycling materials be noted. REASON FOR DECISION: To ensure that a contract is in place for material processing and sale from February 2017 until May 2018 to coincide with the start of the new joint contract for waste collection and street cleansing. |
Agreed | ||
| 70 |
COMMUNITY CENTRE LEASES Report [Prior to the consideration of this item, Councillor Bernard Lovewell made a Declarable Interest in view of his role as a trustee of the Walsworth Community Association. He considered this interest to be so significant that he withdrew from the Chamber for the duration of the debate and vote upon the item.] The Executive Member for Community Engagement and Rural Affairs presented a report of the Strategic Director of Finance, Policy and Governance in respect of an update on Community Centre lease negotiations for Walsworth Community Centre (Hitchin), St. Michaels Mount Community Centre (Hitchin) and Coombes Community Centre (Royston). The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of Community Centre Leases (Minute 57 refers): "(1) That recommendations 2.1, 2.2 and 2.4 be supported; (2) That Cabinet agree to more time for similar negotiations (to Coombes and St Michaels Mount) to be undertaken with Walsworth Community Association. Should there be no substantive progress by 31 January 2017 then Officers be authorised to consider alternative management arrangements and uses for the community centre; and (3) That, should the option to close a Community Centre become a strong possibility, a report be presented to Cabinet prior to any final decision being taken." The Executive Member for Community Engagement and Rural Affairs advised that there were three community centres with which the Council had yet to agree revised leases (Coombes Community Centre, Royston; St. Michael's Mount Community Association, Hitchin; and Walsworth Community Centre, Hitchin). He had been informed by officers that the Council was close to completing negotiations and securing agreement for Coombe Community Centre and St. Michael's Community Centre by 30 November 2016. The Executive Member for Community Engagement and Rural Affairs appreciated that Cabinet had set an August 2016 deadline for completion of this work, and acknowledged that officers had attempted to adhere to this deadline. However, there had been complications for various reasons. The Executive Member for Community Engagement and Rural Affairs explained that, in common with the Cabinet, the Overview and Scrutiny Committee had received a presentation on behalf of the Walsworth Community Association, and had considered that it would be prudent to allow further time for completion of this lease, to allow the Community Association to consider the content of the recent Walsworth Community Centre condition report. The revised deadline suggested was 31 January 2017. The Executive Member for Community Engagement and Rural Affairs was content to accept the recommendation of the Overview and Scrutiny Committee that the deadline for the completion of the Walworth Community Centre lease be put back to 31 January 2017. He also supported the recommendation that Cabinet should receive a report should it become likely that any community centre was to be closed. RESOLVED: (1) That the progress in relation to the Coombes Community Centre be noted, and that it be agreed that negotiations continue with a view to completing a new lease before 30 November 2016; (2) That more time be agreed for negotiations to be continued and progressed in relation to St Michaels Mount Community Centre, but that should there be no substantive progress by 30 November 2016 then Officers be authorised to consider alternative management arrangements and uses for the community centre, which could include closing the Centre if there is no cost effective way of keeping it open; (3) That more time be agreed for similar negotiations (to Coombes and St Michaels Mount) to be undertaken with Walsworth Community Association, but that should there be no substantive progress by 31 January 2017 then Officers be authorised to consider alternative management arrangements and uses for the community centre; (4) That the negotiations to date be noted, and that the recommendations contained in the report are consistent with ensuring that the community and social benefits were considered, and balanced against the Community Halls Strategy; and (5) That, should the option to close a Community Centre become a strong possibility, a report be presented to Cabinet prior to any final decision being taken. REASON FOR DECISION: To support the on-going provision of Community Centres by seeking to negotiate new leases to make the Community Centres responsible for repairs, maintenance and insurances, thereby delivering value for money to the local Council Tax-payer. [At this point, Councillor Bernard Lovewell returned to the Chamber.] |
Agreed | ||
| 71 |
EXCLUSION OF PRESS AND PUBLIC RESOLVED: 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 | ||
| 72 |
PROPOSED CREMATORIUM AT WILBURY HILLS CEMETERY, LETCHWORTH GARDEN CITY - INTERIM REPORT ON BUSINESS CASE The Executive Member for Waste Management, Recycling and Environment presented a Part 2 report of the Head of Leisure and Environmental Services regarding the proposed Crematorium at Wilbury Hills Cemetery - Interim Business Case. The following appendix was submitted with the report: Appendix A - Responses received following the initial site discussions at Wilbury Hills Cemetery. The Executive Member for Waste Management, Recycling and Environment advised that the report set out details of initial discussions with service providers and of a proposed model for the collaboration process in developing a new Crematorium. RESOLVED: That the report be noted, and taken into consideration when options are determined during the deliberations on the accompanying Part 1 report (see Minute 72 below). REASON FOR DECISION: To allow the Council to benefit from a Private Sector partner's expertise and experience which should, in turn, help ensure the crematorium is designed, situated and managed appropriately. [Note: At this point in the proceedings, the press and public were re-admitted to the meeting.] |
Agreed | ||
| 73 |
PROPOSED CREMATORIUM AT WILBURY HILLS CEMETERY, LETCHWORTH GARDEN CITY - INTERIM REPORT ON BUSINESS CASE Report The Executive Member for Waste Management, Recycling and Environment presented a Part 1 report of the Head of Leisure and Environmental Services in respect of the proposed Crematorium at Wilbury Hills Cemetery - Interim Business Case. The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of the proposed Crematorium at Wilbury Hills Cemetery - Interim Business Case (Minute 58 refers): "That the recommendations in the report entitled "Proposed Crematorium at Wilbury Hills Cemetery - Interim Business Case" be supported." The Executive Member for Waste Management, Recycling and Environment advised that the commencement of the development of a Crematorium at Holwell had resulted in Officers reviewing the existing Business Case to ascertain if a facility at Wilbury Hills was still viable. Additionally, consultation with the market place had also confirmed that such a proposal would provide significant benefits to the community, whilst ensuring that the Council achieved best value for the use of the land. The Executive Member for Waste Management, Recycling and Environment stated that the report concluded that the most appropriate option available should the Council wished to exploit a Crematorium for commercial as well as ‘service' purposes, was to provide the service via a joint venture with a commercial partner. This joint venture would be structured as a land disposal for reasons set out in the Part 2 report. Members supported this approach, and agreed that officers should report further to Cabinet once the selection process had concluded, and in any event by no later than 31 March 2017, in order to obtain Cabinet's approval to enter into collaboration with the selected partner and complete the necessary legal documents. RESOLVED: (1) That Officers be authorised to consider options for collaboration with a private sector provider that could deliver a suitable crematorium, secure the future of Wilbury Hills as a site for burial and cremation, and achieves best value in respect of the use of Council land; (2) That Officers develop and conclude a selection process for the delivery of the project in collaboration with a private sector partner, the aim of this process being to receive and evaluate proposals from potential partners with a view to establishing which operator offers the Council the most beneficial model for collaboration; and (3) That Officers report further to Cabinet once the selection process has concluded, and in any event by no later than 31 March 2017, in order to obtain Cabinet's approval to enter into collaboration with the selected partner and complete the necessary legal documents. REASON FOR DECISION: To allow the Council to benefit from a Private Sector partner's expertise and experience which should, in turn, help ensure the crematorium is designed, situated and managed appropriately. |
Agreed | ||
| PART II | ||||
| 74 |
PART 2 REPORT RELATING TO MINUTE 71 ABOVE Report and Appendix This is on the E-Genda Committee Management System. The Cabinet Chairman advised that this was the final meeting to be attended by John Robinson, the Strategic Director of Customer Services, prior to his retirement. The Chairman thanked John for his work in supporting the Cabinet over the years and wished him well for his retirement. John thanked the Chairman and the Cabinet for their support, particularly through some difficult times. He had enjoyed the challenges he had faced at the Council and would cherish the many fond memories he had of working in North Hertfordshire. |
Noted | ||