| 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 P.C.W. Burt, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Jane Gray, Councillor Jean Green, Councillor Gary Grindal, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor S.K. Jarvis, Councillor Sal Jarvis, Councillor Lorna Kercher, Councillor David Levett, Councillor Bernard Lovewell, Councillor Sandra Lunn, Councillor Ian Mantle, Councillor Paul Marment, Councillor Alan Millard, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deepak Sangha, Councillor Deborah Segalini, Councillor Adrian Smith, Councillor Harry Spencer-Smith, Councillor Mrs C.P.A. Strong and Councillor R.A.C. Thake. |
| IN ATTENDANCE: | Chief Executive, Strategic Director of Customer Services, Head of Finance, Performance & Asset Management, Strategic Planning & Projects Manager, Contracts & Projects Manager, Acting Development & Conservation Manager, PA to the Strategic Director of Customer Services, Acting Corporate Legal Manager & Monitoring Officer, Acting Senior Lawyer, Democratic Services Manager and Committee & Member Services Manager. |
| ALSO PRESENT: | 7 members of the public. |
| Meeting attachment |
Agenda Front Pages |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 20 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Faye S. Frost, John Harris, Nicola Harris, Simon Harwood, Cathryn Henry, Joan Kirby, Ben Lewis, Jim McNally, Gerald Morris and Michael Weeks. |
Noted | ||
| 21 |
MINUTES Minutes It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and RESOLVED: That the Minutes of the Annual meeting of the Council held on 21 May 2015 be approved as a true record and signed by the Chairman. Councillor Mrs C.P.A. Strong stated that she had mentioned at the Annual Council Meeting, under Minute 19 - Nomination of Representatives on Outside Organisations and Other Bodies for 2015/16 - whether a list of the Member and Officer composition of all of the Council's Project Boards could be provided to all Members. She had received an assurance from the Chief Executive that the said list would be published in the edition of the Members' Information Service to be despatched on 17 July 2015. |
Agreed | ||
| 22 |
NOTIFICATION OF OTHER BUSINESS No additional business was presented for consideration by the Council. |
Noted | ||
| 23 |
CHAIRMAN'S ANNOUNCEMENTS (1) Long Service Award - Joanne Saunders The Chairman announced that Joanne Saunders began her career in 1990, starting with Community Charge, working in a small team concentrating on the Council's rural areas. When she joined her supervisor was Alison Mawson. Joanne was at the forefront when Council Tax was introduced in 1993, working in the Recovery Team. Joanne then moved again to work in the Systems team, under the supervision of Kevin Stronell, which was where she was still working today, and had gone full circle as Alison Mawson was again her manager. Throughout her time with NHDC, Joanne had worked in all aspects in Revenues, from Billing through to Recovery. Joanne's vibrant personality was both infectious and heart warming, and she was always able to offer help and advice. Her hard work and dedication was appreciated by all of the colleagues who had worked with her during her time at NHDC. It was moved by the Chairman, seconded by Councillor T.W. Hone, and RESOLVED: That the Council places on record its sincere thanks to Joanne Saunders for her long and valuable service to local government in North Hertfordshire. (2) 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. (3) Variation of Order of Business The Chairman announced that he would be varying the order of business so that Item 14/14A (the Part 1 item on the North Hertfordshire Museum and Community Facility) would take place after the Part 2 item on the same matter (Item 18). Accordingly, any press and public present would be excluded from the meeting immediately prior to the consideration of Item 18 and then re-admitted to the meeting prior to the consideration of Item 14/14A. |
Noted | ||
| 24 |
PUBLIC PARTICIPATION There was no public participation. |
Noted | ||
| 25 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 15 JUNE 2015 - FINANCE, AUDIT AND RISK COMMITTEE ANNUAL REPORT 2014/15 Report In the absence of the Chairman of the Finance, Audit & Risk Committee (Councillor Michael Weeks), the Vice-Chairman of that Committee (Councillor John Booth) presented a referral from the meeting of that Committee held on 15 June 2015, in respect of Annual Report of the Committee for 2014/15 (Minute 12 refers). The Vice-Chairman of the Finance, Audit & Risk Committee advised that, taking the year as a whole, the Finance, Audit & Risk Committee had been successful in maintaining a comprehensive overview of internal control and governance. In addition, it had played a key role in financial monitoring. The Chairman of the Committee was in a position to provide an Assurance Statement on the role of the Committee to support the Annual Governance Statement for 2014/15. The Committee received an informative report on the outcomes following the outsourcing of the Payroll Service and the steps taken to manage the service and associated risks. The Committee requested more information from the Head of Revenues, Benefits & Information Technology on the points raised by Grant Thornton in their Annual Report to those Charged with Governance on IT controls. The Committee had received assurance that the recommendations from Grant Thornton had been acted upon. It was moved by Councillor John Booth, seconded by Councillor Mrs L.A. Needham, and RESOLVED: That the Annual Report of the Finance, Audit & Risk Committee 2014/15 be noted. REASON FOR DECISION: To comply with the requirements of the Council's Constitution. |
Agreed | ||
| 26 |
ITEM REFERRED FROM CABINET: 16 JUNE 2015 - RISK MANAGEMENT UPDATE AND ANNUAL REPORT ON RISK MANAGEMENT 2014/15 Referral Appendix A - Risk Management Annual Report 2014/15 The Council considered the Minute of the meeting of the Cabinet held on 16 June 2015, in respect of the Risk Management Update and Annual Report on Risk Management 2014/15 (Minute 7 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix: Appendix A - Annual Report on Risk and Opportunities Management 2014/15. It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, upon being put to the vote, it was RESOLVED: That the Annual Report on Risk and Opportunities Management 2014/15, as set out at Appendix A to the report, be approved. REASON FOR DECISION: To comply with the requirements of the Risk and Opportunities Management Strategy. |
Agreed | ||
| 27 |
ITEM REFERRED FROM CABINET: 16 JUNE 2015 - UPDATED CONTRACT PROCUREMENT RULES AND SOCIAL VALUES ACT RECOMMENDATIONS Referral and Appendices The Council considered the Minute of the meeting of the Cabinet held on 16 June 2015, in respect of the updated Contract Procurement Rules and Social Values Act Recommendations (Minute 8 refers). A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices: Appendix A - draft amended Contract Procurement Rules; Appendix B - Summary of Changes; and Appendix C - Social Values Act recommendations report. It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham that the recommendations in the report be approved. During the debate, a Member referred to Section 29 of the Rules in respect of Extensions to contracts. The Member asked officers to look into this matter, to ensure that the OJEU rules did not require that all contracts had to be re-tendered. Following further debate, and upon the motion being put to the vote, it was RESOLVED: That the updated Contract Procurement Rules, as set out at Appendix A to the report, be approved. REASON FOR DECISION: To contribute towards effective organisational internal control and to comply with the requirements of the Council's Procurement Strategy. |
Agreed | ||
| 28 |
ITEM REFERRED FROM CABINET: 16 JUNE 2015 - REVENUE BUDGET OUTTURN 2014/15 Referral Appendix A - General Fund Summary Appendix B - Carry Forward Budgets requested for 2015/16 Appendix C - Collection Fund as at 31 March 2015 The Council considered the Minute of the meeting of the Cabinet held on 16 June 2015, in respect of the Revenue Budget Outturn 2014/15 (Minute 11 refers). A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices: Appendix A - General Fund Summary; Appendix B - Carry Forward budgets requested for 2015/16; and Appendix C - Collection Fund as at 31 March 2015. It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, it was RESOLVED: That the net transfer to earmarked reserves of £1.133million (as set out in Paragraphs 8.15 - 8.17 and Table 8 of the report), be approved. REASON FOR DECISION: To ensure Cabinet's budget monitoring role is fulfilled before the finalisation of the Annual Statement of Accounts by 30 June 2015; and to ensure that changes to the Council's balances are monitored and approved. |
Agreed | ||
| 29 |
ITEM REFERRED FROM CABINET: 16 JUNE 2015 - ANNUAL TREASURY MANAGEMENT REVIEW 2014/15 Referral Appendix A - Annual Treasury Management Review 2014/15 The Council considered the Minute of the meeting of the Cabinet held on 16 June 2015, in respect of the Annual Treasury Management Review 2014/15 (Minute 12 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix: Appendix A - Annual Treasury Management Review 2014/15. It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, upon being put to the vote, it was RESOLVED: (1) That the actual 2014/15 prudential and treasury indicators be approved; and (2) That the Annual Treasury Report for 2014/15, as attached at Appendix A to 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 that the Council manages its exposure to interest and capital risk. |
Agreed | ||
| 30 |
ITEM REFERRED FROM CABINET: 16 JUNE 2015 - CORPORATE OBJECTIVES FOR 2016 TO 2021 Referral The Council considered the Minute of the meeting of the Cabinet held on 16 June 2015, in respect of Corporate Objectives for 2016 to 2021 (Minute 14 refers). A copy of the report considered by the Cabinet was included with the agenda. It was moved by Councillor Julian Cunningham, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, it was RESOLVED: That the following revised Corporate Objectives for 2016 to 2021 be adopted: 1. To work with our partners to provide an attractive and safe environment for our residents, where diversity is welcomed and the disadvantaged are supported; 2. To promote sustainable growth within our district to ensure economic and social opportunities exist for our communities, whilst remaining mindful of our cultural and physical heritage; and 3. To ensure that the Council delivers cost effective and necessary services to our residents that are responsive to developing need and financial constraints. REASON FOR DECISION: To allow the Council to review the Corporate Objectives which will guide the Corporate Business Planning process for 2016/17 and for a period of five years. |
Agreed | ||
| 31 |
CHURCHGATE AREA, HITCHIN - INTERIM OPTION PROPOSAL Report It was noted that the exclusivity offer would be on the basis that no Heads of Terms could be agreed without a further report to Council. It was also subject to being able to satisfy procurement and best consideration requirements without putting the Council at undue risk. The exclusivity offer did not bind the Council to any course of action and Hammersmatch could have no legitimate expectation that the Council would reach agreement with them. The Leader of the Council stated that Eversheds had provided advice to Council in November 2014 and officers would seek an update to that advice in the light of the proposals from Hammersmatch and the current situation of there being only one developer in contact with the Council. This advice would consider what options were open to the Council, the risks attached to the options, and what steps could be taken to mitigate the risks. The Leader of the Council reminded Members that the Council, at its meeting on 12 February 2015, previously granted a budget of up to £40,000 to undertake an independent valuation of the site and for legal and commercial advice as required. It was moved by Councillor Mrs L.A. Needham, seconded by Councillor Judi Billing, and following debate and upon being put to the vote, it was RESOLVED: (1) That in seeking to satisfy the Council resolution of 12 February 2015 ‘to investigate the Council's preferred approach for a smaller scheme in the short term', the Council grants Hammersmatch exclusivity until the end of the year (i.e. 31 December 2015), and during that period Hammersmatch will: (i) Seek a solution for the market based on the outcome of their consultant's feasibility study; (ii) Provide an updated design that is acceptable to the Council as landowner based on the market solution; (iii) Provide an updated financial appraisal to reflect the updated design, including a review of all elements of the appraisal to take account of current market conditions; (iv) Provide evidence of discussions regarding potential pre-lets with a cinema operator and retailers; and; (v) Undertake this work wholly at their own risk and cost; (2) That the exclusivity offer is on the basis that no Heads of Terms could be agreed without a further report to Full Council, and is subject to being able to satisfy procurement and best consideration requirements; (3) That the Project Executive be instructed to write to Hammersmatch setting out the terms of the exclusivity period; (4) That officers continue further discussions on the Draft Heads of Terms with Hammersmatch during that period; and (5) That an additional budget of £30,000 be committed to undertake any commercial and legal advice as may be required with regard to the draft Heads of Terms and in giving further consideration of the potential ways forward in respect of procurement requirements. REASON FOR DECISION: To allow the Council to continue with its investigations for a smaller scheme in the short term, whilst allowing Hammersmatch a limited period in which to meet the requirements set out in resolution (1) and for officers to be able to fully inform Council on the next steps in the project post-December 2015. |
Agreed | ||
| 32 |
COUNCIL CONSTITUTION - ANNUAL REVIEW Report Appendix A - Proposed Amendments to the Constitution The Acting Corporate Legal Manager and Monitoring Officer presented a report on the Annual Review of the Council's Constitution. The following appendix was submitted with the report: Appendix A - Proposed amendments to the Constitution. The Acting Corporate Legal Manager and Monitoring Officer thanked Members and Officers for their contributions to the revised document. He advised that the Constitution was a "live" document, and was kept under constant review, particularly in the light of changes in legislation. He referred to a number of specific pending changes in legislation, as set out in the report, which would potentially require in year changes to the Constitution. He also drew attention to the change proposed for the Finance, Audit and Risk Committee, as set out in Paragraphs 8.2 to 8.4 of the report, changing it from a scrutiny committee to an ordinary Committee of the Council, with revised terms of reference. It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, that the recommendation in the report be approved, with the following revised wording for Recommendation 2.1: "2.1 That the Council approve the amendments to the Constitution, as set out in Appendix A with substituted wording to read: 4.8.9(b) "Points of clarification may be asked by Council or a particular Committee through the Chairman (up to a total of three on each presentation) of the member of the public making a presentation. The Chairman can decline to put a point of clarification if he/she considers this irrelevant or this has been covered during the presentation." 4.8.10 Will apply to Committees and Sub-Committees under 4.8.23. Appendix 1 to Section 8 Para 2.6 "Points of clarification may be asked by the Committee through the Chairman (up to a total of three on each representation) of the objector(s), applicant, applicant's agent or representative. This limit does not apply to points of clarification asked of the planning officer (see 2.7 below). The Chairman can decline to put a point of clarification if he/she considers this irrelevant in planning term or that this has been covered in the planning officer's report or during any of the representations." 9.7.1 "There will be a maximum of four (4) ordinary meetings of each Area Committee per year." Recommendations 2.2 and 2.3 remain as set out in the report." As an amendment, it was moved by Councillor Frank Radcliffe, and seconded by Councillor Billing, that the words "a maximum of" in Paragraph 9.7.1 be replaced by "no fewer than". Following debate, and upon being put to the vote, the amendment was lost As a further amendment, it was moved by Councillor Ian Mantle, and seconded by Councillor Sal Jarvis, that the words "a maximum of four (4) ordinary" in Paragraph 9.7.1 be replaced with "four (4) scheduled ordinary". Following debate, and upon being put to the vote, the amendment was lost Following further debate upon the substantive motion, and upon being put to the vote, it was RESOLVED: (1) That the amendments and updates to the Constitution, as set out in Appendix A to the report be approved, with substituted wording to read: 4.8.9(b) "Points of clarification may be asked by Council or a particular Committee through the Chairman (up to a total of three on each presentation) of the member of the public making a presentation. The Chairman can decline to put a point of clarification if he/she considers this irrelevant or this has been covered during the presentation." 4.8.10 Will apply to Committees and Sub-Committees under 4.8.23. Appendix 1 to Section 8 Para 2.6 "Points of clarification may be asked by the Committee through the a total of three on each representation) of the objector(s), applicant, applicant's agent or representative. This limit does not apply to points of clarification asked of the planning officer (see 2.7 below). The Chairman can decline to put a point of clarification if he/she considers this irrelevant in planning term or that this has been covered in the planning officer's report or during any of the representations." 9.7.1 "There will be a maximum of four (4) ordinary meetings of each Area Committee per year.", and the Monitoring Officer be authorised to make any consequential minor changes to the Financial Regulations and Contract Procurement Rules that may result; (2) That the amendment to Paragraph 9.7.1 (number of ordinary Area Committee meetings) be implemented from the start of civic year 2016/17. (3) That it be noted that further amendments will be required in due course. REASON FOR DECISION: To ensure the Council meets its statutory obligations and continues to improve its working practices. |
Agreed | ||
| 33 |
QUESTIONS FROM MEMBERS Report There were no questions from Members. |
Noted | ||
| 34 |
NOTICE OF MOTIONS Report Homelessness Due notice having been given in accordance with Standing Order 4.8.12, it was moved by Councillor Adrian Smith, and seconded by Councillor Frank Radcliffe, "That this Council notes with concern the increased use of bed and breakfast accommodation to house homeless applicants, with 20 households in such accommodation as of 24 June 2015. Members instruct officers to investigate the possibility of obtaining more units of temporary accommodation in order to meet increased demand." As an amendment, it was moved by Councillor Bernard Lovewell, and seconded by Councillor David Levett, that the words"…with 20 households in such accommodation as of 24 June 2015" in the first sentence be replaced with "…with 21 households in such accommodation as at 16 July 2015"; and that the second sentence "Members instruct officers to investigate the possibility of obtaining more units of temporary accommodation in order to meet increased demand" be replaced with "Council instructs officers to continue to pursue with urgency the accommodation options for homeless households with the aim of eradicating bed and breakfast usage and reducing the overall numbers in temporary accommodation." Following debate, and upon the amendment and substantive motion being put to the vote, it was RESOLVED: That this Council notes with concern the increased use of bed and breakfast accommodation to house homeless applicants, with 21 households in such accommodation as at 16 July 2015. Council instructs officers to continue to pursue with urgency the accommodation options for homeless households with the aim of eradicating bed and breakfast usage and reducing the overall numbers in temporary accommodation. |
Noted | ||
| 35 |
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 Paragraphs 3 and 5 of Part 1 of Schedule 12A of the said Act (as amended). |
Agreed | ||
| 36 |
NORTH HERTFORDSHIRE MUSEUM AND COMMUNITY FACILITY AT HITCHIN TOWN HALL [Prior to the consideration of this item, Councillors Bernard Lovewell, Peter Burt and Julian Cunningham declared that they would be withdrawing from the Chamber, as they were Members of the Cabinet Sub-Committee (Council Charities), which was responsible for making decisions on the North Hertfordshire Museum and Community Facility on behalf of the Hitchin Town Hall: Gymnasium and Workmans Hall Trust. Accordingly, they withdrew from the Chamber for the duration of this and the subsequent item.] The Portfolio Holder for Community Engagement and Rural Affairs (Councillor Tony Hunter) presented a Part 2 report of the Strategic Director of Customer Services and Project Executive, in respect of the North Hertfordshire Museum and Community Facility at Hitchin Town Hall. A Part 2 addendum report was tabled at the meeting, with regard to the serving of the Notice of the Certificate of Practical Completion referred to in Paragraphs 8.1 and 8.2 of the Part 1 report. The Portfolio Holder for Community Engagement and Rural Affairs stated that the report outlined the proposal received from Hitchin Town Hall Limited on 13 May 2015 in respect of its contractual, financial and service obligations in respect of the Development Agreement. Officer comments were provided against each of the points raised by Hitchin Town Hall Limited. RESOLVED: That the proposals from Hitchin Town Hall Limited, and officers' comments, as detailed in the report, be noted. REASON FOR DECISION: To provide Council with the opportunity to consider the proposal submitted by Hitchin Town Hall Ltd and its contractual, financial and service obligations. [Note: At this point in the proceedings, the press and public were re-admitted to the meeting.] |
Noted | ||
| 37 |
NORTH HERTFORDSHIRE MUSEUM AND COMMUNITY FACILITY AT HITCHIN TOWN HALL Report Appendix 1 - Extract from Overview & Scrutiny Committee Minutes: 18 December 2014 Addendum Report The Portfolio Holder for Community Engagement and Rural Affairs (Councillor Tony Hunter) presented a report and addendum report of the Strategic Director of Customer Services and Project Executive, in respect of the North Hertfordshire Museum and Community Facility at Hitchin Town Hall. The Strategic Director of Customer Services and Project Executive referred to an error in Paragraph 10.2 of the report (which also applied to the previous Part 2 report). The figure of £3,627,827, relating to NHDC's contribution to the project, should read £3,672,827. He further confirmed that the Social Investment Business (SIB) had received no substantive proposal for consideration from Hitchin Town Hall Limited. The Strategic Director of Customer Services and Project Executive advised that the proposal submitted by Hitchin Town Hall Ltd (outlined in the corresponding Part 2 report) sought to significantly alter the Development Agreement in its favour. Hitchin Town Hall Ltd did not have the means to meet its current obligations or approved finance to meet the obligations envisaged in its proposal. There seemed to be no reason why the Council should choose to commit additional expenditure to the project as would be required and accept further financial and operational risk when any of the alternative Options set out in the report would largely avoid this. As a result, it was recommended in that the Council did not agree to the proposal from Hitchin Town Hall Ltd to vary or replace the Development Agreement. It was further recommended that the Development Agreement was terminated in the event Hitchin Town Hall failed to pay the capital contribution of £490,000. The Strategic Director of Customer Services and Project Executive stated that the preferred Option for NHDC to manage the Town Hall, pending a review of longer term Options, allowed the hall to open broadly on time and offered the opportunity to generate a revenue surplus over time. There remained an element of risk associated with the acquisition of 14/15 Brand Street and with developing a programme of activities in a short timescale but, on balance, it was felt such risk would be manageable and proportionate. Consequently, the Council was recommended to agree that the Town Hall be operated by NHDC, subject to a review of management options within three years of opening, and to approve additional capital expenditure up to £138,000 should this approach be approved. It was moved by Councillor Tony Hunter, seconded by Councillor Mrs L.A. Needham, and following debate and upon being put to the vote, it was RESOLVED: (1) That Council not agree to the proposals to vary or replace the Development Agreement submitted by Hitchin Town Hall Ltd.; (2) That officers be instructed to serve notice on Hitchin Town Hall Ltd terminating the Development Agreement in the event of non-payment of their capital contribution and, subject to this, (3) It be agreed that NHDC will operate the Town Hall directly in accordance with the general provisions of the Development Agreement, and that Cabinet be requested to approve the necessary revenue budget and reviews this operating model within three years of opening and, subject to this, (4) It be agreed that that capital expenditure to a maximum of £138,000 be earmarked for the fit out of the Town Hall. REASON FOR DECISION: To enable the Council to complete the development of the North Hertfordshire Museum/Hitchin Town Hall project. |
Agreed | ||
| PART II | ||||
| 38 |
PART 2 REPORT AND APPENDICES RELATING TO MINUTE 36 ABOVE Data/Council/201507161930/Agenda/Report Data/Council/201507161930/Agenda/Addendum Report Data/Council/201507161930/Agenda/Appendix 1 to Addendum Report Data/Council/201507161930/Agenda/Appendix 2 to Addendum Report These are on the E-Genda Committee Management System. |
Noted | ||