Meeting documents
Council
Thursday, 19th May, 2011 7.30 pm
| Time: | 7.30pm | Place: | Council Chamber, Council Offices, Gernon Road, Letchworth Garden City |
| PRESENT: | Councillor M.E. Weeks (Chairman), Councillor Joan Kirby (Vice-Chairman), Councillor Mrs A.G. Ashley, Councillor A. Bardett, Councillor David Billing, Councillor Judi Billing, Councillor Clare Body, Councillor John Booth, Councillor Tom Brindley, Councillor P.C.W. Burt, Councillor Dave Chambers, Councillor Paul Clark, Councillor Lisa Courts, Councillor Tricia Cowley, Councillor Bill Davidson, Councillor Jean Green, Councillor Gary Grindal, Councillor Richard Harman, Councillor Cathryn Henry, Councillor Fiona Hill, Councillor T.W. Hone, Councillor A.F. Hunter, Councillor R.E. Inwood, Councillor S.K. Jarvis, Councillor David Kearns, Councillor Lorna Kercher, Councillor Marilyn Kirkland, Councillor I.J. Knighton, Councillor David Levett, Councillor Bernard Lovewell, Councillor Paul Marment, Councillor Alan Millard, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Elliot Needham, Councillor Mrs L.A. Needham, Councillor Lawrence Oliver, Councillor Michael Paterson, Councillor Mike Rice, Councillor Deepak Sangha, Councillor R.L. Shakespeare - Smith, Councillor Mrs C.P.A. Strong, Councillor R.A.C. Thake and Councillor A.D. Young. |
| IN ATTENDANCE: | Chief Executive, Strategic Director of Finance, Policy & Governance, Strategic Director of Customer Services, Strategic Director of Planning, Housing & Enterprise, Corporate Legal Manager, Democratic Services Manager and Committee and Member Services Manager. |
| ALSO PRESENT: | Mr Nicholas Moss (Independent Chairman of the Standards Committee); Alderman F.J. Smith; and 10 members of the public. |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 1 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors D.J. Barnard, John Bishop, Lee Downie, Jane Gray and D. Miller. |
Noted | ||
| 2 |
ELECTION OF CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2011/2012 Nominations were invited by the retiring Chairman (Councillor David Levett) for the election of the Chairman of the Council to hold office until the next annual meeting of the Council in 2012. It was proposed by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and RESOLVED: That Councillor Michael Weeks be elected Chairman of the Council to hold office until the next Annual Meeting of the Council in 2012. Councillor Michael Weeks then read and signed the Statutory Declaration of Acceptance of Office and the retiring Chairman (Councillor David Levett) placed the chain of office upon him. Councillor Weeks thanked the Council for his election as Chairman and took the Chair. He informed the Council that his consort for the year would be his wife, Kay, and he invested her with her chain. |
Agreed | ||
| 3 |
COUNCILLOR DAVID LEVETT - PAST CHAIRMAN The Chairman paid tribute to Councillor David Levett for his service as Chairman during his term of office. He considered that Councillor Levett had carried out his duties in outstanding fashion, not only in his chairmanship of the Council, but also in the manner he had conducted himself beyond the Council Chamber. He commented that David and Dee had been true ambassadors for the Council, not only in the immediate area of North Herts, but also in the wider field of Hertfordshire and beyond. Along the way David and Dee had raised a considerable sum for his chosen charity, Canine Partners. All this and David had also had to manage a business, manage the Vice-Chairman, and whilst, on occasion, not being in the best of health. Councillor Levett expressed his appreciation for the support that had been given to him during his term as Chairman of the Council. Councillor Levett announced that he had thoroughly enjoyed his year in office, and had attended 165 functions/events/meetings during that time. He had met a number of useful contacts which he hoped to maintain in the future. He was pleased with the Civic Service in September 2010 and the Civic Reception in January 2011, and had also been delighted to have been involved in the presentation of Civic Awards. He thanked all those who had donated to his charity of Canine Partners and was pleased to report that a total of £1,407.58 for this cause had been raised during the year. Councillor Levett wished to record his particular thanks to his consort, his wife Dee, and presented her with a bouquet of flowers. He also wished to record his thanks to the remainder of his family and Councillor Weeks for his support as Vice-Chairman. He wished to record further thanks to his Secretary, Susanne Gow, for her help and support during the Civic Year. Unfortunately, Sue had been unable to attend the meeting, but he would be presenting her with a gift in the next few days. It was moved by the Chairman, Councillor Michael Weeks, seconded by Councillor Mrs L.A. Needham, and RESOLVED: That the Council places on record its sincere thanks and appreciation to Councillor David Levett for his services as Chairman of the Council during the past year. |
Noted | ||
| 4 |
APPOINTMENT OF VICE-CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2011/2012 The Chairman asked for nominations for the appointment of Vice-Chairman of the Council to hold office until the next Annual Meeting of the Council in 2012. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor David Billing, and RESOLVED: That Councillor Joan Kirby be appointed Vice-Chairman of the Council to hold office until the next Annual meeting of the Council in 2012. Councillor Kirby then read and signed the Statutory Declaration of Acceptance of Office and the Chairman placed the Vice-Chairman's chain upon her. Councillor Kirby thanked the Council for her appointment as Vice-Chairman. She informed the Council that her consort for the year would be her husband, Dennis, and she invested him with his chain. |
Agreed | ||
| 5 |
MINUTES Minutes It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and RESOLVED: That the Minutes of the meeting of the Council held on 7 April 2011 be approved as a true record and signed by the Chairman. |
Agreed | ||
| 6 |
DECLARATIONS OF INTEREST The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest now needed to be declared immediately prior to the item in question. |
Noted | ||
| 7 |
CHAIRMAN'S ANNOUNCEMENTS (1) New Councillors The Chairman congratulated and welcomed Councillors Jean Green, Richard Harman, Cathryn Henry and Gerald Morris following their election success at the District Council Elections on 5 May 2011. (2) Re-elected Councillors The Chairman congratulated those existing Councillors who had been successful in seeking re-election at the District Council Elections. (3) Councillors unsuccessful in seeking re-election or who had chosen not to stand for re-election The Chairman thanked for all their work and effort over the past year those standing Councillors who had either been unsuccessful at the District Council Elections or who had chosen not to stand for re-election, namely former Councillors Julian Cunningham, Paul Grimes, Sal Jarvis and Howard Marshall. The Chairman stated that Howard Marshall and Julian Cunningham were mentioned at the previous Council meeting. However, these two were worthy of further mention, having regard to the contribution they had made. Howard, a former Chairman, had given 12 years service to the Council. Julian served for a slightly lesser period, but would be sorely missed. The Chairman also made special mention of Sal Jarvis. Sal was a Member for 12 years, where she gave great service to the people of Chesfield Ward. In debate, Sal always spoke in an informed and intelligent manner. All Members had received a recent e-mail from her and from which they had been delighted to learn that in the wake of the tragedy of her son Ollie, donations continued to rise for the relevant charity. The Council supported the Chairman in thanking the aforementioned former councillors for their contributions over the years. (4) Charities and Fundraising The Chairman announced that his chosen charity for the year was North Hertfordshire SANDS (Still Birth and Neo-natal Death Society). He and his wife, Kay, had received great comfort and support from this charity a number of years ago, and were now delighted to repay this by nominating them as the Chairman's Charity for 2011/12. Further details would follow. |
Noted | ||
| 8 |
DISTRICT AND PARISH COUNCIL ELECTIONS - 5 MAY 2011 Report Appendix A [Prior to the consideration of this item, Councillor Michael Paterson declared a personal interest in the matter, as his daughter-in-law was the Chairman of Bygrave Parish Council.] The Council received the report of the Returning Officer on the results of the District and Parish Council Elections held on 5 May 2011. The Council considered that the Elections had been extremely well run and Members thanked the Returning Officer and all his staff for a smooth and efficient process. The Returning Officer explained that the minimum number of seats on a Parish Council was five, and that no business could be transacted at a Parish Council meeting unless at least one-third of the whole number of Members of the Council was present and never less than three. Only two nominations for the election to the Parish of Bygrave were received and consequently no contested election was held as the Council contained just two Members and was unable to function. The Returning officer was now required to give notice of a further election. The Council noted that, in the event that the Parish Council remained inquorate after a second election, it was recommended that NHDC intervened to co-opt the Democratic Service Manager and any other persons as necessary. The aim would be to co-opt suitable persons from the local community to fill the vacant seats and continue the business of the Parish as normal. Accordingly, it was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and RESOLVED: (1) That the results of the elections held within the District of North Hertfordshire on 5 May 2011, as set out at Appendix A to this report, be received; (2) That, in the event that Bygrave Parish Council remains inquorate after a second election is notified, the Chief Executive be delegated to make the necessary order co-opting the Democratic Services Manager and other persons as necessary as Members of Bygrave Parish Council; (3) That, in the event of a contested election taking place, all costs shall be recharged to the parish of Bygrave, in accordance with the current Scale of Fees and Charges. REASON FOR DECISION: To enable the Council to receive the election results and facilitate a quorum on Bygrave Parish Council. |
Agreed | Democratic Services Manager |
|
| 9 |
ELECTION OF A LEADER OF THE COUNCIL The Chairman invited nominations for the position of Leader of the Council for a four year period or until the Leader's ordinary term of office as a councillor expired. It was moved by Councillor T.W. Hone, seconded by Councillor David Levett, and RESOLVED: That Councillor Mrs L.A. Needham be elected Leader of the Council for a four year period or until her ordinary term of office as a councillor expires. |
Agreed | ||
| 10 |
APPOINTMENT OF A DEPUTY LEADER OF THE COUNCIL RESOLVED: That the Leader of the Council's appointment of Councillor T.W. Hone as the Deputy Leader of the Council for the ensuing year be noted. |
Noted | ||
| 11 |
APPOINTMENT OF MEMBERS OF THE CABINET Report Appendix A The Leader of the Council presented a report which was tabled at the meeting, and which advised the Council of the proposed Cabinet Portfolio Holders for 2011/12. The report also contained details of the delegation arrangements for Portfolio Holders, which would be incorporated into the Council's Constitution. RESOLVED: That it be noted that the following Members be appointed as Portfolio Holders and Members of the Cabinet for 2011/12 responsible for the following areas, and with the delegations for inclusion in the Council's Constitution as detailed in the report tabled at the meeting: Cabinet Member - Portfolio Councillor Mr L.A. Needham - Leader and Cabinet Chairman Councillor T.W. Hone - Finance & IT and Cabinet Vice-Chairman Councillor Tricia Cowley - Community Engagement & Rural Affairs Councillor I.J. Knighton - Leisure Councillor Bernard Lovewell - Housing & Environmental Health Councillor P.C.W. Burt - Waste, Recycling & Environment Councillor Mrs C.P.A. Strong - Policy Councillor Tom Brindley - Planning, Transport & Enterprise |
Noted | ||
| 12 |
TO APPOINT MEMBERS OF COMMITTEES FOR 2011/2012 Proportionality Figures Report APPENDIX A TO COUNCIL MINUTES APPENDIX B TO COUNCIL MINUTES The Democratic Services Manager reported on the proposed allocation of places on the Council's Committees and other bodies for 2011/12. He also tabled details of the political balance of Committees as required under the provisions of Section 15 of the Local Government and Housing Act 1989 which imposed a duty for the Council to review the representation of the different political groups on the Council's committees. He indicated the bodies to which the section applied and set out the proposed numbers of seats on these bodies and the suggested allocation of places that complied with the requirements of the law. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone that the details of the political balance of Committees, as per the report of the Democratic Services tabled at the meeting, be approved. Upon the motion being put to the vote, it was carried. In respect of the Constitution of Committees, Sub-Committees and Working Groups for 2011/2012, it was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, that the list tabled at the meeting be approved. As an amendment, it was moved by Councillor Tom Brindley, and seconded by Councillor Mrs L.A. Needham, that Constitution be amended to include the following wording: "That the Employment Committee be added to the list of committees that permit substitutes. That for the Employment Committee each political group shall be allowed to name a proportionate number of substitutes, the number being a maximum of 40% of the group's full committee Members rounded up to the nearest whole number and that such substitutes shall be appointed by the Council at the start of the Civic Year." Upon being put to the vote, this amendment was carried. Upon the substantive motion being put to the vote, it was RESOLVED: (1) That the seats allocated to each political party on the Committees to which Section 15 of the Local Government and Housing Act 1989 applied and the seats allocated to each political party on the bodies to which Section 15 of the Local Government and Housing Act 1989 did not apply be as set out in Appendix A to these Minutes; (2) That Members be appointed to the various Committees and other bodies in accordance with the wishes of the individual groups, as detailed in Appendix B to these Minutes, and that the Constitution be amended to include the following wording: "That the Employment Committee be added to the list of committees that permit substitutes. That for the Employment Committee each political group shall be allowed to name a proportionate number of substitutes, the number being a maximum of 40% of the group's full committee Members rounded up to the nearest whole number and that such substitutes shall be appointed by the Council at the start of the Civic Year." |
Agreed | Democratic Services Manager |
|
| 13 |
APPOINTMENT OF CHAIRMEN AND VICE-CHAIRMEN OF COMMITTEES FOR 2011/2012 Report APPENDIX C TO COUNCIL MINUTES The Council gave consideration to the appointment of Chairmen and Vice-Chairmen of Committees (with the exception of Area Committees) for 2011/2012. It was then moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, that the list of Chairman and Vice-Chairmen of Committees for 2011/12, as tabled at the meeting, be approved, inclusive of the appointment of Councillor R.L. Shakespeare-Smith as Chairman of the Overview and Scrutiny Committee. It was moved by Councillor S.K. Jarvis, and seconded by Councillor Judi Billing, that Councillor Lawrence Oliver be appointed as Chairman of the Overview and Scrutiny Committee. There being two nominations for the position of Chairman of the Overview and Scrutiny Committee, a vote was taken, whereupon Councillor R.L. Shakespeare-Smith was elected as Chairman of this Committee. The Chairman invited nominations for the position of Vice-Chairman of the Overview and Scrutiny Committee. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor Tom Brindley, that Councillor Michael Paterson be appointed as Vice-Chairman of the Overview and Scrutiny Committee. Upon being put to the vote, this motion was carried. Accordingly, it was RESOLVED: That the Chairmen and Vice-Chairmen of Committees be appointed in accordance with the details set out in the Appendix C to these Minutes. |
Agreed | Democratic Services Manager |
|
| 14 |
ADJOURNMENT TO ENABLE THE APPOINTMENT OF CHAIRMEN AND VICE-CHAIRMEN OF AREA COMMITTEES The Chairman adjourned the meeting to enable the five Area Committees to meet to elect their respective Chairmen and Vice-Chairmen. The meeting was adjourned at 8.27pm. The meeting was re-convened at 8.37pm. |
Agreed | ||
| 15 |
ANNUAL REPORT OF OVERVIEW AND SCRUTINY COMMITTEE Report Appendix A The Chairman of the Scrutiny Committee for the Civic Year 2010/2011 introduced the report of the Scrutiny Committee which set out that Committee's activities over the year and the plans for continued improvement over the coming year. He thanked the Members of the Scrutiny Committee and officers for their hard work during the past year. A Member raised a concern that only one Scrutiny Task and Finish Group had completed its work in 2010/11. He appreciated that there had been some resource problems, but asked the Majority Group whether it valued scrutiny as a useful function and, if so, ensured that it was sufficiently resourced to fulfil its full programme of Task and Finish Groups in the future. The Leader of the Council confirmed that the Majority Group did value the work carried out by the Overview and Scrutiny Committee and its Task and Finish Groups. She agreed that some of the Task and Finish Groups had taken more than a year to complete their work, but this had been due to a variety of reasons, including Members widening the scope of some reviews; difficulties in agreeing dates for meetings; delays in receiving nominations from the various Political Groups of members to serve on the Task and Finish Groups; and the aforementioned resource/staffing problems. She stated that, on 20 May 2011, a one day Scrutiny Task and Finish Group was being piloted and she hoped that would be successful. She reassured the Council that the Majority Group took Overview and Scrutiny seriously, as it believed in the checks and balances that were a key part of its function. RESOLVED: That the Annual Report of the Scrutiny Committee 2010/2011 be noted. |
Noted | ||
| 16 |
ANNUAL REPORT OF THE STANDARDS COMMITTEE The Independent Chairman of the Standards Committee (Mr Nicholas Moss) gave an oral report on the work of the Standards Committee for 2010/2011. The Independent Chairman of the Standards Committee's oral report included the following points with regard to local activities: - The full Standards Committee met twice in 2010/11: in June 2010 and February 2011. The Committee was scheduled to meet for a third time in November 2010, but uncertainty over future standards arrangements had meant that there had been less general business for the full committee; and because the standards machinery had been operating to the Committee's satisfaction; - However, the Standards sub-committees had met on a number of further occasions to consider individual complaints. He suggested that this work was where the value of the standards process may be seen as a means of providing redress where a breach of the code of conduct may have occurred; - As an Independent Member, he was heartened by the fact that discussions about complaints had been entirely impartial, not for one moment reflecting any political partisanship by the elected Members on the Committee. They had set aside completely any party affiliations and had focussed exclusively on assessing complaints with the utmost care to reach fair conclusions: fair to complainants fair to those complained of. That, he suggested, spoke volumes for the integrity with which Committee Members undertook their responsibilities; - He was pleased to report that none of the complaints that had been considered in the past year had warranted full pursuit. That is to say, that they had fallen away at various stages because they had failed to cross the very high bar that was set to justify resolution through a hearing or other formal route. In respect of the future for Standards, the Independent Chairman of the Committee made the following points: - When he addressed the Council last year, he reflected on approach to standards being taken by the Coalition Government and its commitment to abolish the Standards Board regime. A year on, and that policy was now incorporated in the Localism Bill, which was working its way through Parliament; - The final shape of the Bill had yet to be determined, but when the Bill was submitted to the Lords in the next few weeks, he understood that amendments were to be proposed to reflect concerns that had been expressed, not least by the Committee on Standards in Public Life, of which the North-East Hertfordshire MP, Oliver Heald, was a member; - Their concerns dealt broadly with three things: - The wish for a common code of conduct; - The wish for an independent procedure for dealing with serious breaches; and - The wish for an overarching mechanism for consistency and effectiveness; - He mentioned this because when the North Hertfordshire Standards Committee discussed the issue in February 2011, it came to a view that was not far from these points, namely: - That there should be a code, although it was agnostic about whether it should be national or local, voluntary or mandatory; - That there should be sanctions for breaches between the ballot box and criminal law; and - That there should be a Standards Committee with independent involvement. - He commented that this, of course, was only the view of the Committee. The final shape of the Bill was still awaited and any voluntary code would be subject to discussion and decision by the Council; In closing, the independent Chairman thanked his Committee colleagues, both independent and elected, for their commitment, integrity and diligence; the Council's Monitoring Officer, Katie White, for all her hard work; and the Council as a whole for its support for the Committee's activities. In response, the Leader of the Council thanked Mr Moss for his excellent Chairmanship of the Standards Committee. RESOLVED: That the Independent Chairman's oral report on the work of the Standards Committee for 2010/2011 be noted. |
Noted | ||
| 17 |
APPOINTMENT OF REPRESENTATIVES ON OUTSIDE ORGANISATIONS AND OTHER BODIES Report The Leader of the Council referred to the current position regarding District Council representatives on outside organisations, as detailed on the paper tabled at the meeting. The Political Groups had indicated those positions they wished to have allocated to them and there were a small number of issues to resolve. The Leader of the Council suggested that nominations be notified to the Democratic Services Manager in due course. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor David Billing, that the list of Appointments to Outside Organisations for 2011/12 tabled at the meeting be approved, subject to a change to the Labour Group representative on the North Hertfordshire Local Strategic Partnership to Councillor David Billing, with Councillor Deepak Sangha as his substitute. RESOLVED: (1) That the report as submitted be approved, subject to a change to the Labour Group representative on the North Hertfordshire Local Strategic Partnership to Councillor David Billing, with Councillor Deepak Sangha as his substitute; (2) That Political Group Leaders notify the Democratic Services Manager of appointments to the remaining vacancies or any changes to the existing representatives on outside organisations. |
Agreed | Democratic Services Manager |
|