Meeting documents

Council
Thursday, 21st May, 2015 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor R.L. Shakespeare - Smith (Chairman), Councillor John Booth (Vice-Chairman), Councillor Mrs A.G. Ashley, Councillor Alan Bardett, Councillor D.J. Barnard, Councillor Clare Billing, Councillor Judi Billing, Councillor John Bishop, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Faye S Frost, Councillor Jane Gray, Councillor Jean Green, Councillor Gary Grindal, Councillor John Harris, Councillor Nicola Harris, Councillor Simon Harwood, Councillor Steve Hemingway, Councillor Cathryn Henry, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor Lorna Kercher, Councillor Joan Kirby, Councillor David Leal - Bennett, Councillor David Levett, Councillor Ben Lewis, Councillor Bernard Lovewell, Councillor Sandra Lunn, Councillor Paul Marment, Councillor Jim McNally, Councillor Alan Millard, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deepak Sangha, Councillor Adrian Smith, Councillor Harry Spencer-Smith, Councillor Mrs C.P.A. Strong, Councillor R.A.C. Thake and Councillor M.E. Weeks.
 IN ATTENDANCE: Chief Executive, Strategic Director of Finance, Policy and Governance, Corporate Legal Manager, Democratic Services Manager and Committee and Member Services Manager.
 ALSO PRESENT: Alderman G. Woods; Former Councillor Tricia Cowley; and 14 members of the public, including family and friends of the incoming Chairman and Vice-Chairman.
 Meeting attachment Agenda Front Pages
Item Description/Resolution Status Action
PART I
1 ELECTION OF CHAIRMAN TO OPEN MEETING

The Democratic Services Manager invited nominations for a Chairman to open the meeting.

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor David Leal-Bennett, and

RESOLVED: That Councillor Jane Gray be elected as Chairman to open the meeting.
Agreed   
2 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors P.C.W. Burt, Sal Jarvis, S.K. Jarvis, Ian Mantle and Deborah Segalini.
Noted   
3 ELECTION OF CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2015/2016

Nominations were invited by the acting Chairman (Councillor Jane Gray) for the election of the Chairman of the Council to hold office until the next annual meeting of the Council in 2016.

It was proposed by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That Councillor R.L. Shakespeare-Smith be elected Chairman of the Council to hold office until the next Annual Meeting of the Council in 2016.

Councillor R.L. Shakespeare-Smith then read and signed the Statutory Declaration of Acceptance of Office and the acting Chairman (Councillor Jane Gray) placed the chain of office upon him. Councillor Shakespeare-Smith 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, Teresa, and he invested her with her chain.
Agreed   
4 FORMER COUNCILLOR TRICIA COWLEY - PAST CHAIRMAN OF THE COUNCIL

The Chairman paid tribute to former Councillor Tricia Cowley for her service as Chairman during her term of office. He commented that former Councillor Cowley had attended countless events and functions during her term of office, and that she had represented the Council with great energy and enthusiasm. He added that the Civic Reception had been a particularly enjoyable event.

Former Councillor Cowley thanked the Council, Members, officers, residents and her husband and consort, Laurence, for their help and support during her year in office. She thanked residents of the Cadwell Ward for electing her as their councillor on four occasions, and hoped that she had helped in improving the lives of residents in her community.

Former Councillor Cowley stated that being Chairman of the Council had been an enormous privilege and that she had visited many wonderful places and had met some very dedicated people, many of whom worked as volunteers for the various community organisations and charities. She expressed her heartfelt gratitude to all volunteers, both in North Hertfordshire and across the nation.

Former Councillor Cowley wished to record particular thanks to her Secretary, Susanne Gow, for their help and support during the Civic Year. She presented Susanne with a bouquet of flowers as a mark of her thanks.

Former Councillor Cowley was delighted to announce that she had raised £2,336 for Pro Action Hertfordshire, her chosen charity during her year in office. She invited Dave Green (Chief Executive) from Pro Action Hertfordshire to come forward and receive a cheque for that amount. Dave Green thanked former Councillor Cowley and the Council for the financial help given to the charity over the past year.

It was moved by the Chairman, Councillor R.L. Shakespeare-Smith, seconded by Councillor Mrs L.A. Needham, and

RESOLVED: That the Council places on record its sincere thanks and appreciation to former Councillor Tricia Cowley for her services as Chairman of the Council during the past year.

It was with great pleasure that the Chairman of the Council presented former Councillor Tricia Cowley with a bouquet of flowers as a mark of thanks for her work during her year of office, together with the Council's signed resolution of thanks and a gift of a matching hand made glass bowl and vase.
Noted   
5 APPOINTMENT OF VICE-CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2015/2016

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 2016.

It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, and

RESOLVED: That Councillor John Booth be appointed Vice-Chairman of the Council to hold office until the next Annual meeting of the Council in 2015.

Councillor Booth then read and signed the Statutory Declaration of Acceptance of Office and the Chairman placed the Vice-Chairman's chain upon him. Councillor Booth thanked the Council for his appointment as Vice-Chairman. He informed the Council that his consort for the year would be his wife, Helen, and he invested her with her chain.
Agreed   
6 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 9 April 2015 be approved as a true record and signed by the Chairman.
Agreed   
7 CHAIRMAN'S ANNOUNCEMENTS

(1) Declarations of Interest

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.

(2) New Councillors

The Chairman congratulated and welcomed Councillors Nicola Harris, Janine Paterson and Harry Spencer-Smith following their election success at the District Council Elections on 7 May 2015.

(3) Former Councillors re-elected

The Chairman congratulated and welcomed back to the Council Councillor Paul Marment following his election success at the recent District Council Elections.

(4) Re-elected Councillors

The Chairman congratulated those existing Councillors who had been successful in seeking re-election at the District Council Elections.

(5) 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 Paul Clark, Tricia Cowley, David Kearns and Andrew Young.

The Chairman paid particular tribute to former Councillor Kearns, who had been the longest serving councillor, with over 35 years continuous service.

(6) Charities and Fundraising

The Chairman announced that his chosen charities for the year were the Garden House Hospice and the NRAS (National Rheumatoid Arthritis Society).
Noted   
8 DISTRICT COUNCIL ELECTIONS - 7 MAY 2015
Report
District Election Results - 7 May 2015

The Council received the report of the Returning Officer on the results of the District and Parish Council Elections held on 7 May 2015.

RESOLVED: That the report of the Returning Officer be noted.

REASON FOR DECISION: To inform Members of the results of the District and Parish Council Elections held on 7 May 2015.
Noted   
9 SCHEDULE OF COUNCIL MEETINGS 2015/16
Report

The Council received a report of the Chief Executive on a proposed programme of ordinary meetings of the Council in 2015/2016.

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That the following programme of ordinary meetings of the Council be approved for the Civic Year 2015/2016:

Thursday, 16 July 2015;
Thursday, 3 September 2015;
Thursday, 26 November 2015;
Thursday, 21 January 2016;
Thursday, 11 February 2016; and
Tuesday, 12 April 2016;

REASON FOR DECISION: To enable Members to agree a programme of ordinary meetings of the Council for 2015/2016.
Noted   
10 LEADER OF THE COUNCIL

The Chairman invited nominations for the position of Leader of the Council for a four year period (up to May 2019) or until the Leader's ordinary term of office as a councillor expired.

It was moved by Councillor T.W. Hone, seconded by Councillor Fiona Hill, and

RESOLVED: That Councillor Mrs L.A. Needham be elected Leader of the Council for a four year period (up to May 2019) or until her ordinary term of office as a councillor expires.
Agreed   
11 APPOINTMENT OF A DEPUTY LEADER OF THE COUNCIL

The Council noted that the Leader of the Council had appointed Councillor T.W. Hone as Deputy Leader for the 2015/2016 Civic Year.
Noted   
12 APPOINTMENT OF MEMBERS OF THE CABINET
Report
Appendix A1
Appendix A2

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 2015/2016. 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 2015/2016 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 and Portfolio:

Councillor Mrs L.A. Needham - Leader and Cabinet Chairman
Councillor T.W. Hone - Finance & IT and Cabinet Vice-Chairman
Councillor Tony Hunter - Community Engagement & Rural Affairs
Councillor Jane Gray - Leisure
Councillor Bernard Lovewell - Housing & Environmental Health
Councillor P.C.W. Burt - Waste, Recycling & Environment
Councillor Julian Cunningham - Policy, Transport & Green Issues
Councillor David Levett - Planning & Enterprise
Noted   
13 TO APPOINT MEMBERS OF COMMITTEES FOR 2015/2016
Report
Appendix A
Appendix B
APPENDIX A TO MINUTES
APPENDIX B TO MINUTES

The Democratic Services Manager reported on the proposed allocation of places on the Council's Committees and other bodies for 2015/2016. 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, seconded by Councillor T.W. Hone, and

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; and

(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.
Agreed   
14 APPOINTMENT OF CHAIRMEN AND VICE-CHAIRMEN OF COMMITTEES FOR 2015/2016
Report
Appendix A
APPENDIX C TO MINUTES

The Council gave consideration to the appointment of Chairmen and Vice-Chairmen of Committees (with the exception of Area Committees) for 2015/2016.

It was then moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That the Chairmen and Vice-Chairmen of Committees for 2015/2016 be appointed in accordance with the details set out in the Appendix C to these Minutes.
Agreed   
15 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 for 2015/2016.

The meeting was adjourned at 7.51pm.

The meeting was re-convened at 7.56pm.
Agreed   
16 KEY DECISIONS - ANNUAL REPORT ON CASES OF SPECIAL URGENCY
Report

The Leader of the Council (Councillor Mrs L.A. Needham) submitted a report informing the Council of any occasions over the past year where the provisions relating to "Special Urgency" had been used in connection with the publication of an intention to make a Key Decision, as required by legislation.

The Leader of the Council confirmed that, during the 2014/2015 Financial Year, there had been one occasion upon which the "Special Urgency" powers had been used. The powers had been exercised by the Chief Executive on 29 January 2015, in respect of decision concerning authorisation of capital expenditure of £68,539 in relation to the North Hertfordshire Museum and Community facility Project at Hitchin Town Hall, as detailed in the report.

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That the report be noted.

REASON FOR DECISION: To comply with Regulation 19 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.
Noted   
17 ANNUAL REPORT OF OVERVIEW AND SCRUTINY COMMITTEE
Cover Sheet
Overview & Scrutiny Committee - Annual Report 2014/15

The Chairman of the Overview and Scrutiny Committee (Chairman R.L. Shakespeare-Smith) for the Civic Year 2014/2015 introduced the report of the Overview and Scrutiny Committee which set out that Committee's activities over the year and the plans for continued improvement over the coming year.

The Chairman of the Overview and Scrutiny Committee commented that it had been a privilege to have chaired the Committee for the past few years, and praised the Members of the Committee for their open-mindedness during this time.

RESOLVED: That the Annual Report of the Overview and Scrutiny Committee for 2014/2015 be noted.
Noted   
18 ANNUAL REPORT OF STANDARDS COMMITTEE

The Chairman of the Standards Committee (Councillor Mike Rice) gave an oral report on the work of the Standards Committee for 2014/2015.

The Chairman of the Standards Committee advised that, since the Annual Council meeting last year, the Committee has met twice, in July 2014 and February 2015. The Committee had reviewed and provided input into updating the Complaints Handling procedures and the role description of the Independent Persons, as well as having discussions on standards matters.

The Chairman of the Standards Committee stated that, at its meeting held on 9 April 2015, the Council had agreed to reduce the number of regular meetings of the Standards Committee to two per year. This should not be taken as a sign that the Council did not take standards issues seriously, indeed the opposite applied. It was noted that a Councillor in Dorset was recently the first Councillor to be convicted of an offence under the Localism Act for failing to act properly when they had an interest, and that should serve as a reminder to all Councillors.

Turning to future work, the Chairman of the Standards Committee commented that, at its next meeting, the Committee would be reviewing proposed changes to the Council's Planning Code of Good Practice, to consider whether it should be recommended to Council. The Committee would continue to promote and maintain high standards of conduct by Members of the authority, discussing key issues as and when they arise. In particular, the Local Plan discussions would remain an area where Members needed to continue to take care in declaring interests and he encouraged Members to seek prompt advice from the Monitoring Officer if they were unsure of their position.

The Chairman of the Standards Committee also took the opportunity to remind all Members of the need to keep their Register of Interests up to date and to inform the Monitoring Officer of changes.

With regard to complaints against District and Parish Councillors, the Chairman of the Standards Committee advised that there had been a slight increase in complaints received. All those concluded to date had been resolved by the Monitoring Officer, determining there was no prima facie case to answer. He reminded Members of the MIS note which was sent out by the Monitoring Officer in October 2014, reminding of the importance of promptly answering correspondence from the public, as this had been the source of a number of the complaints. The Standards Committee would continue to monitor the number of complaints received and the outcome of them.

The Chairman of the Standards Committee stated that Members would be aware of the Committee on Standards in Public Life, which maintained an overview of all sectors involved in public life, including elected Councillors. They had commissioned research into the views of the public, which had shown there was very wide agreement in all segments of the British general public about the ways in which probity, in both the public and the private sector, could be promoted. In that shared view, the ways seen as most important were the promotion of a culture in which people were not afraid to report wrongdoing, the use of codes of proper conduct in which office holders and staff were trained, and the setting of a good example by senior managers or office holders. It was incumbent on all elected representatives to act in accordance with the seven principles of public life, in order to provide confidence to their constituents that they acted properly.

On a sadder note, the Chairman of the Standards Committee wished the Council to note that, on 12 November 2014, the Council received the news that Parish Councillor Peter Long of Ashwell Parish Council had died. Parish Councillor Long was co-opted to the Standards Committee and the Chairman was grateful for his service to the Committee. The process to seek a new Parish Councillor to be co-opted to the Committee would commence shortly.

Finally, the Chairman and the Standards Committee would like to thank the Independent Person (Nicholas Moss) and the Reserve Independent Person (Peter Chapman) for input in their advisory roles, along with the dedicated work and guidance the Committee had received from the Monitoring Officers (Anthony Roche and Katie White), supported by the Council's Legal Team.

RESOLVED: That the Chairman's oral report on the work of the Standards Committee for 2014/2015 be noted.
Noted   
19 NOMINATION OF REPRESENTATIVES ON OUTSIDE ORGANISATIONS AND OTHER BODIES
Report
Appendix A

The Leader of the Council referred to the current position regarding the nomination of District Council representatives on outside organisations, as detailed in the paper tabled at the meeting.

The Chairman of the Council suggested that nominations to any of the vacancies identified in the report be notified to the Democratic Services Manager in due course.

It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, that the list of Nominations to Outside Organisations for 2013/14 tabled at the meeting be approved.

Upon the motion being put to the vote, it was

RESOLVED:

(1) That the report as submitted be approved; and

(2) That Political Group Leaders notify the Democratic Services Manager of nominations to the remaining vacancies or any changes to the existing representatives on outside organisations.
Agreed