| 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 Faye S Frost, Councillor Jane Gray, Councillor Jean Green, Councillor Gary Grindal, Councillor John Harris, Councillor Simon Harwood, Councillor Steve Hemingway, Councillor Cathryn Henry, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor S.K. Jarvis, Councillor Sal Jarvis, Councillor Joan Kirby, Councillor David Leal - Bennett, Councillor Ben Lewis, Councillor Bernard Lovewell, Councillor Ian Mantle, Councillor Paul Marment, Councillor Alan Millard, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deborah Segalini, 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 & Governance, Strategic Director of Customer Services, Head of Revenues, Benefits & IT, Head of Leisure & Environmental Services, Contracts & Projects Manager, Revenues Manager, PA to the Strategic Director of Customer Services, Acting Corporate Legal Manager, Democratic Services Manager and Committee & Member Services Manager. |
| ALSO PRESENT: | Hon. Alderman F.J. Smith 2 Members of the Independent Remuneration Panel (Ed Franklin and Michael Goddard) Mike Lee - Focus Consultants - Project Manager Rob Baker - Quantity Surveyor, Press & Starkey 2 members of the public. |
| Meeting attachments |
Agenda Front Sheet Audio Recording of Meeting |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 63 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Peter Burt, Bill Davidson, Nicola Harris, Lorna Kercher, David Levett, Sandra Lunn, Jim McNally, Gerald Morris, Janine Paterson and Deepak Sangha. |
Noted | ||
| 64 |
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 26 November 2015 be approved as a true record and signed by the Chairman. |
Agreed | ||
| 65 |
NOTIFICATION OF OTHER BUSINESS The Chairman announced that there would be urgent Part 1 and Part 2 items regarding the North Hertfordshire Museum and Hitchin Town Hall. These items were tabled. The Chairman advised that the Proper Officer was satisfied that, in accordance with Section 15 (paras 15.5.1 and 15.5.2) of the Council's Constitution, the reports were genuinely urgent and could not be delayed until a later meeting because of the need to secure ownership of the properties and safeguard the Council's substantial investment. Having provided Hitchin Town Hall Ltd with a further ‘stay of execution' on recovery of outstanding debt pending the outcome of this dialogue, Social Investment Business (SIB) had confirmed to NHDC on 19 January 2016 that it had appointed a Receiver under the Land and Property Act to recover their investment from Hitchin Town Hall Ltd, which was secured by way of a charge on 14 and 15 Brand Street. |
Noted | ||
| 66 |
CHAIRMAN'S ANNOUNCEMENTS (1) Christmas Carols evening The Chairman thanked Councillors Gray and Barnard for their invaluable help with the Christmas Carols evening held on 13 December 2015. He thanked those Members who had attended, together with those who had not but had made donations. Over £1,200 had been raised for the Chairman's chosen charities. (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. |
Noted | ||
| 67 |
PUBLIC PARTICIPATION There was no public participation. |
Noted | ||
| 68 |
MEMBERS' ALLOWANCES SCHEME 2016/17 Report and Appendix A (Report of the Independent Remuneration Panel) Appendix B - Draft Members' Allowances Scheme 2016/17 Appendix B - Errata Appendix C - Table of comparative local authority data The Council considered the report of the Chief Executive in respect of a proposed Members' Allowances Scheme for 2016/17. The following appendices were submitted with the report: Appendix A - The advice of the Independent Remuneration Panel (IRP); Appendix B - A draft Members' Allowances Scheme for 2016/17 based on the advice of the Panel; and Appendix B - Table of comparative local authority data. The Leader of the Council (Councillor Mrs L.A. Needham) invited the Chairman of the Independent Remuneration Panel (Mr Ed Franklin) to introduce the Panel's report. Mr Franklin advised that he had nothing to add to the report. The Leader of the Council remarked that the covering report comprised the areas that were expected to comprise a Members' Allowances Scheme, namely the Basic Allowance, Special Responsibility Allowances, Childcare and Independent Carers Allowance, Travel and Subsistence Allowance, and Tax and National Insurance. The Leader of the Council considered that the IRP report had tackled a number of matters that were not necessarily within its remit, and that there were areas where it might have been useful to have had direct Member input. The Leader of the Council drew attention to Paragraph 17 of the IRP report, which referred to the fact that any analysis of the activities of Members would assist in any in-depth examination of Basic and Special Responsibility Allowances. She commented that it was unfortunate that the IRP did not have highlighted to it why Members no longer submitted details of the hours they spent on all the various Council activities. Members used to carry out this exercise annually, but as they felt that little reference was made to this in previous IRP reports, this practice had ceased. However, she regretted that members were not provided with an opportunity for this practice to be re-introduced. The Leader of the Council stated that, despite the above comments, she was supportive of the IRP's recommendations for no increases in allowances for 2016/17 and fixing the car mileage allowance at the HMRC rate of 45p per mile. She also thanked the IRP, whose work was entirely voluntary, for their time and effort spent in drawing up the proposed Scheme for 2016/17. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, that the proposed Members Allowances Scheme for 2016/17, as recommended by the Independent Remuneration Panel and attached as Appendix A to the report, be approved. During the debate, the following issues were made by Members: - As well as any analysis of time, consideration should be given to an analysis of the quality of work carried out; - It might be appropriate to use a multiplier in the future; and - Why the IRP did not deem it fit to interview and involve Members in the process this year? Mr Franklin replied that it was difficult to assess the wide range of Member positions and responsibilities, but that the IRP had spent some considerable time in looking at a number of factors as to how best to recommend remuneration, from Basic Allowances to Special Responsibility Allowances. The IRP had comprised a member who had been on the Panel for four years; three others had served two years; and the fifth member was newly appointed. The Panel had spoken with a number of councillors, including Group Leaders, in previous years. The Panel did debate speaking again to councillors, but decided that, short of interviewing a wide number of Members (no doubt with differing opinions), the methods set out in the report, building on the work carried out in previous years, was the best way for the Panel to arrive at a proposal, which happened to be a recommendation for no increases in allowances for 2016/17. Following debate, and upon being put to the vote, the motion was carried. It was therefore RESOLVED: That the proposed Members Allowances Scheme for 2016/17, as recommended by the Independent Remuneration Panel and attached as Appendix A to the report, be approved. REASON FOR DECISION: To ensure that the Council meets statutory requirements to approved a Members' Allowances Scheme. |
Agreed | ||
| 69 |
ELECTORAL SERVICES - SCALE OF FEES 2016/17 Report Appendix A - Recommended Scale of Fees 2016/17 The Council considered the report of the Chief Executive in respect of Electoral Services - Scale of Fees 2016/17. The following appendix was submitted with the report: Appendix A - Recommended Scale of Fees 2016/17. The Chairman advised that the heading in Appendix A should refer to "1 April 2016 to 31 March 2017" and not "1 April 2015 to 31 March 2016". In response to a question, the Chief Executive advised that the car mileage rate included in the Scale of Fees was comparable with the rates paid by neighbouring local authorities. It was moved by Councillor J.M. Cunningham, seconded by Councillor Mrs L.A. Needham, and RESOLVED: That the Scale of Electoral Services Fees for 2016/17, as set out at Appendix A to the report, be approved. REASON FOR DECISION: To enable the Council to set a Scale of Fees for 2015/16. |
Agreed | ||
| 70 |
ITEM REFERRED FROM CABINET: 15 DECEMBER 2015 - NORTH HERTFORDSHIRE LOCAL PLAN - NEXT STEPS AND REVISED LOCAL DEVELOPMENT SCHEME Referral Appendix A - Draft NHDC Local Development Scheme - December 2015 The Council considered the Minute of the meeting of the Cabinet held on 15 December 2015, in respect of the North Hertfordshire Local Plan - next steps and revised Local Development Scheme (Minute 83 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix: Appendix A - Draft NHDC Local Development Scheme - December 2015. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, that the updated draft Local Development Scheme, as attached at Appendix A to the report, be approved and take effect from 21 January 2016. During the debate, the Chief Executive undertook to provide Members with details of the total amount spent to date on the North Hertfordshire Local Plan. Following further debate, and upon the motion being put to the vote, it was RESOLVED: That the updated draft Local Development Scheme, as attached at Appendix A to the report, be approved and take effect from 21 January 2016. REASON FOR DECISION: To publish an up to date timetable for the preparation of the North Hertfordshire Local Plan. |
Agreed | ||
| 71 |
ITEM REFERRED FROM CABINET: 15 DECEMBER 2015 - NORTH HERTFORDSHIRE LEISURE CENTRE (NHLC) CAPITAL PROJECT Referral [Prior to the consideration of this item, Councillor Mrs C.P.A. Strong declared that she was a member of Archers Health Club in Hitchin, which was also operated by Stevenage Leisure Limited. She therefore chose to not participate in the debate, and seated herself in the public gallery for the duration of the item.] The Council considered the Minute of the meeting of the Cabinet held on 15 December 2015, in respect of the North Hertfordshire Leisure Centre (NHLC) Capital Project (Minute 91 refers). A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices: Appendix 1 - Cabinet resolutions for the NHLC Project. It was moved by Councillor Jane Gray, and seconded by Councillor Mrs L.A. Needham, that the annual budget be amended by way of an increase in capital of £317,327 and a reduction in revenue income of £137,985 in 2016/17. During the debate, a number of Members' questions were answered by Councillor Gray, assisted by Mr Rob Baker (Quantity Surveyor, Press and Starkey). Following further debate, and upon the motion being put to the vote, it was RESOLVED: That the annual budget be amended by way of an increase in capital of £317,327 and a reduction in revenue income of £137,985 in 2016/17. REASON FOR DECISION: To develop the NHLC to ensure this facility is fit for purpose for the future and to improve the financial and operational performance of the NHLC. |
Agreed | ||
| 72 |
COUNCIL TAX REDUCTION SCHEME 2016/2017 Report Appendix 1 - Council Tax Reduction Scheme 2016/17 Appendix 2 - Glossary of Terms Appendix 3 - Current Costs of the Scheme Appendix 4 - Results of the Consultation Exercise Addendum Report Appendix 1 to Addendum Report - Comparisons of Projected Council Tax Reduction Scheme Levels for 2016/17 The Council considered the report of the Head of Revenues, Benefits and Information Technology in respect of a proposed Council Tax Reduction Scheme (CTRS) for 2016/17. The following appendices were submitted with the report: Appendix 1 - Council Tax Reduction Scheme 2016/17; Appendix 2 - Glossary of Terms; Appendix 3 - Current Costs of the Scheme; and Appendix 4 - Results of the Consultation Exercise. The Council further considered an addendum report of the Head of Revenues, Benefits and Information Technology regarding the Scheme. The following appendix was submitted with the addendum report: Appendix 1 - Comparisons of projected Council Tax Reduction Scheme Levels for 2016/17. The Executive Member for Finance and IT (Councillor T.W. Hone) reminded Members that, at its meeting held on 15 December 2015, the Cabinet had supported a recommendation that Council be requested to approve that the percentage reduction to be applied to claims in the non-protected groups should be 12.44% (reduced from £25%) for 2016/17. The Executive Member for Finance and IT advised that the Council was notified on 31 December 2015 that Hertfordshire County Council (HCC) Officers intended to recommend to Members that the County Council should increase its Council Tax by 3.99% for 2016/2017. This was in addition to the 1.9% increase in Council Tax, which this Council would consider at its meeting in February 2016. At present these were only recommendations to both Councils. However, if they were implemented, this would mean that the Band D Council Tax in North Hertfordshire would increase by £49.48 per annum or an overall increase of 3.31%. The Executive Member for Finance and IT stated that such an increase would impact upon the amount of Council Tax Reduction that would be awarded in 2016/17. Because of the lateness of the HCC notification and the time constraints in despatching the original report, it was not possible to carry out an analysis of the effects of this potential increase before the original report had to be circulated. The Executive Member for Finance and IT explained that Officers had now had an opportunity to carry out this analysis and it would seem clear that the original recommendation to reduce the percentage by which awards were reduced from 25.00% to 12.44% was no longer sustainable because of the likely increase in Council Tax liability. Appendix 1 to the addendum report showed the impact of three different percentage reductions for comparison. The Executive Member for Finance and IT advised that, to follow the original recommendation of 12.44% could see the available budget overspend by £54,000. Retaining the reduction at 25%, as it was for 2015/2016, could see a contingency retained of around £242,000, whereas a reduction of 20% could see a contingency retained of around £179,000. These figures were based on the existing caseload and the trend in recent years had been for this to reduce year-on-year. If that trend continued, it was likely that these contingency figures would increase. The Executive Member for Finance and IT commented that, on the face of it, it would seem that a reduction of 20% may be sustainable. However, Officers would recommend that the reduction remained at 25% for the following reasons: - As big a contingency as possible was required should similar such increases in Council Tax levels be allowed again in 2017/2018, otherwise this would put considerable strain on the funding available for the Council Tax Reduction Scheme in 2017/2018, which may require the Scheme to be less generous than at present; and - A contingency was also required to allow for increases in Council Tax Reduction Scheme awards arising from planned Welfare Reforms in April 2017, most notably planned changes to Child Tax Credits. It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following debate and being put to the vote, it was RESOLVED: (1) That the Scheme attached as Appendix 1 to the report be approved as the Council Tax Reduction Scheme (CTRS) for North Hertfordshire for 2016/17; (2) That, in accordance with Section 59A.1 of the Council Tax Reduction Scheme referred to in (1) above, the percentage by which each award to each recipient in the Non-Protected Groups is reduced at 25.00% for 2016/17, which represents no change from 2015/16; and (3) That the amount to be distributed to the Local Precepting Authorities for Council Tax Reduction Scheme Grant be £50,697, and that this be distributed in proportion to the total awards of CTRS in each Local Precepting area. REASON FOR DECISION: To comply with the requirement to approve any changes to the local Council Tax Reduction Scheme for the coming financial year by the deadline of 31 January 2016. |
Agreed | ||
| 73 |
QUESTIONS FROM MEMBERS Report Supplementary Report (A) Syrian Refugees In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Deborah Segalini to Councillor Mrs L.A. Needham (Leader of the Council): "Can the Leader update us on action on last full Council's motion on Syrian refugees, specifically, which organisations have been contacted; what answers have been received from central government regarding funding; and what timetable has been established?" Councillor Needham passed the matter to the appropriate Executive Member (Councillor Bernard Lovewell) for a response. Councillor Lovewell advised that Officers had joined a county wide group reviewing the options for the delivery of a comprehensive service for Syrian Refugees and the favoured solution involved working directly with the Refugee Council, who had significant experience of running these types of schemes. With regard to funding, the Home Office had released a document entitled "Syrian Resettlement Scheme - Funding Process" which outlined unit costs per refugee. The Home Office had confirmed that the funding levels were based on evidence from local authorities who had significant experience of resettling refugees. It was anticipated that the practical arrangements and necessary formalities would be completed over the next few months, with the first refugees arriving in the District between April and June 2016. (B) NHDC funding gap - maintenance of front line services In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Frank Radcliffe to Councillor T.W. Hone (Executive Member for Finance and IT): "In light of the Government's reduction in funding which may see this Council's funding gap increase to at least £7.7 million by 2020/21, what medium and long term plans does the administration have to ensure that front line services are maintained and improved for the people of North Herts?" Councillor Hone replied that, in some ways, the question was premature, as it would be covered in his Budget Speech to Council on 11 February 2016, as the final Government finance settlement would have been received by then, which would clarify the implications for future years' budgets. That said, the funding gap for the next four years was currently projected at £2.8million, assuming a 1.9% Council Tax increase per year. This would use over half of the Council's balances, which would drop from £7.9million to £3.6million. Councillor Hone commented that this was a tough settlement for NHDC, and that the Council had responded to the Government consultation on the matter, stating that it was disappointed with the amount of funding it would receive from the Government. The Council had also engaged the support of the Local MPs, who had lobbied appropriate Ministers. Councillor Hone stated that NHDC was one of only fifteen local authorities in the country that would lose the Revenue Support Grant (RSG) entirely from 2017/18 onwards and would, in fact, face negative RSG payments. Councillor Hone considered that NHDC would have to make some really tough decisions. There may need to be changes to the services provided, the way they were provided, and what was provided. NHDC would do its utmost to minimise the impact of the settlement, but Councillor Hone considered that it would be foolish at the present time for him to state that all front line services would be definitely maintained from 2017/18 onwards. Until a full analysis had been carried out, the risks would remain in place. However, the Council would endeavour to deliver the best services it could with the resources available. Any constructive and realistic Budget proposals from Opposition Members would be welcomed. |
Noted | ||
| 74 |
NOTICE OF MOTIONS Report There were no notices of motions. |
Noted | ||
| 75 |
NORTH HERTFORDSHIRE MUSEUM & HITCHIN TOWN HALL: ACQUISITION OF 14/15 BRAND STREET Report Annex 1 - Plan of premises, identifying footprint of 14/15 Brand Street Annex 2 - Chronology of project expenditure and funding [Prior to the consideration of this item, Councillors Bernard Lovewell 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 items.] The Chairman asked if any other Members of the Council had any interests to declare regarding this item. At the Chairman's request, the Members (and substitutes) of the Standards Committee withdrew from the meeting. The Chairman referred to the approach he had taken previously with regard to items on this project. The Chairman asked if Councillor Leal-Bennett would be prepared to address the Council on this matter as a member of the public. Councillor Leal-Bennett declined to do so, stating that he considered that he had no interest in the item whatsoever, as the matter was in the hands of a Receiver. As Councillor Leal-Bennett had not declared an interest, the Chairman ruled that, in accordance with his previous approach, he would not be heard during the debate on the item, nor would he be permitted to vote on the matter. At this point, the Members (and substitutes) of the Standards Committee returned to the meeting. The Executive Member for Community Engagement and Rural Affairs (Councillor Tony Hunter) presented the tabled report of the Strategic Director of Customer Services and Project Executive in respect of the proposed acquisition of 14 and 15 Brand Street, Hitchin, to allow the North Hertfordshire Museum and Community Facility to operate in an integrated way. The following annexes were submitted with the report: Annex 1 - Plan of premises, identifying the footprint of 14/15 Brand Street, Hitchin; and Annex 2 - Chronology of reported movements in project expenditure and funding. The Executive Member for Community Engagement and Rural Affairs advised that he normally would not be in favour of tabled reports, however, he had been convinced that the Council needed to act promptly on this matter. It was noted that the report advised that, following extensive dialogue with the Social Investment Business (SIB), it became evident that a deadlock had been reached and that SIB would be enforcing their previous default notice through the appointment of a Receiver under the Land and Property Act to recover their investment from Hitchin Town Hall Limited, which was secured by way of a charge on 14 and 15 Brand Street, Hitchin. Hitchin Town Hall Limited was also in default of a loan of approximately £17,000 (plus accrued interest) from NHDC and an outstanding capital contribution of £490,000 as part of the Development Agreement, both of which were unsecured. It had been made clear that Hitchin Town Hall Ltd was not in a position to pay either NHDC or any other unsecured creditors. 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: That the report be noted. REASON FOR DECISION: To enable the Council to complete the development of the North Hertfordshire Museum/Hitchin Town Hall project and operate the facility for the benefit of the local community; and to protect the Council's interests and obtain best return from the Council's existing investment and to secure projected income from the facility to offset operational and fixed costs. |
Agreed | ||
| 76 |
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 | ||
| PART II | ||||
| 77 |
NORTH HERTFORDSHIRE MUSEUM & HITCHIN TOWN HALL: ACQUISITION OF 14/15 BRAND STREET Data/Council/201601211930/Agenda/Report The Chairman asked if Members of the Council had any interests to declare regarding this item. At the Chairman's request, the Members (and substitutes) of the Standards Committee withdrew from the meeting. The Chairman referred to the approach he had taken previously with regard to items on this project. The Chairman asked if Councillor Leal-Bennett would be prepared to follow his previous stance in withdrawing from the Chamber when Part 2 matters regarding Hitchin Town Hall were under consideration, particularly in the light of potential litigation, in which Councillor Leal-Bennett could be called as a witness against the Council. Councillor Leal-Bennett declined to do so, stating that should the matter proceed to litigation and he be called to give evidence in Court he would do so truthfully. As Councillor Leal-Bennett had not declared an interest, the Chairman ruled that, in accordance with his previous approach, Councillor Leal-Bennett would not be heard during the debate on the item, nor would he be permitted to vote on the matter. At this point, the Members (and substitutes) of the Standards Committee returned to the meeting. The Executive Member for Community Engagement and Rural Affairs (Councillor Tony Hunter) presented the tabled Part 2 report of the Strategic Director of Customer Services and Project Executive in respect of the proposed acquisition of 14 and 15 Brand Street, Hitchin, to allow the North Hertfordshire Museum and Community Facility to operate in an integrated way. The Executive Member for Community Engagement and Rural Affairs outlined the authorisation required for the Council to submit an offer for the acquisition of 14 and 15 Brand Street. The costs associated with such an offer were set out in the report. Other than the recommendations set out in the report, he advised Council of a proposed additional recommendation, seeking approval to authorise the Strategic Director of Finance, Policy and Governance to make the necessary adjustment to the Capital Programme, subject to receipt of a satisfactory formal valuation and confirmation that the acquisition provides best consideration to the Council. 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 authority be delegated to the Strategic Director Customer Services to submit an offer for the acquisition of 14 and 15 Brand Street and associated costs, in accordance with Paragraph 5 of the report; (2) That the existing delegations in the Constitution which authorise officers to take any other action necessary to protect the Council's position be noted; and (3) That the Strategic Director of Finance, Policy and Governance be authorised to make the necessary adjustment to the Capital Programme, subject to receipt of a satisfactory formal valuation and confirmation that the acquisition provides best consideration to the Council. REASON FOR DECISION: To enable the Council to complete the development of the North Hertfordshire Museum/Hitchin Town Hall project and operate the facility for the benefit of the local community; and to protect the Council's interests and obtain best return from the Council's existing investment and to secure projected income from the facility to offset operational and fixed costs. |
Agreed | ||