Meeting documents

Council
Thursday, 19th May, 2016 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor John Booth (Chairman), Councillor Alan Millard (Vice-Chairman), Councillor Ian Albert, Councillor Mrs A.G. Ashley, 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 Steve Deakin - Davies, Councillor Elizabeth Dennis, Councillor Faye S Frost, Councillor Jane Gray, Councillor Jean Green, Councillor Gary Grindal, Councillor Nicola 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 Lorna Kercher, Councillor David Levett, Councillor Bernard Lovewell, Councillor Ian Mantle, Councillor Paul Marment, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Adrian Smith, Councillor Harry Spencer - Smith, Councillor R.A.C. Thake, Councillor Simon Watson and Councillor M.E. Weeks.
 IN ATTENDANCE: Chief Executive, Strategic Director of Finance, Policy and Governance, Contracts and Projects Manager, PA to the Strategic Director of Customer Services, Acting Senior Lawyer, Democratic Services Manager and Committee and Member Services Manager.
 ALSO PRESENT: Former Councillor Ray Shakespeare-Smith; and 20 members of the public, including family and friends of the incoming Chairman and Vice-Chairman.
 Meeting attachments Agenda Front Pages
Audio Recording of Meeting
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 T.W. Hone, 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 Paul Clark, Ben Lewis, Sandra Lunn, Jim McNally, Gerald Morris, Deepak Sangha, Valentine Shanley, Mrs C.P.A. Strong and Terry Tyler.
Noted   
3 ELECTION OF CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2016/2017

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 2017.

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

RESOLVED: That Councillor John Booth be elected Chairman of the Council to hold office until the next Annual Meeting of the Council in 2017.

Councillor John Booth 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 Booth 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, Helen, and he invested her with her chain.
Agreed   
4 FORMER COUNCILLOR RAY SHAKESPEARE-SMITH - PAST CHAIRMAN

The Chairman paid tribute to former Councillor Ray Shakespeare-Smith for his service as Chairman during his term of office. He commented that former Councillor Shakespeare-Smith had performed his Chairman's duties admirably, at times in difficult circumstances. He hoped that he would be able to take a well-earned rest.

Former Councillor Shakespeare-Smith thanked Councillor Booth for his comments and for his support as Vice-Chairman during his time as Chairman. He also thanked Members for their support over the past year.

Former Councillor Shakespeare-Smith wished to record particular thanks to his wife and consort, Teresa and his Secretary, Susanne Gow, for their help and support during the Civic Year. He presented Teresa and Susanne with bouquets of flowers as a mark of his thanks. He also thanked and presented gifts to the Democratic Service Officer, Committee and Member Services Manager and Committee and Member Services Officer.

Former Councillor Shakespeare-Smith was delighted to announce that, during his year in office, he had raised £2,015 for each of his chosen charities, namely the National Rheumatoid Arthritis Society (NRAS) and the Garden House Hospice. He invited Chris Cordrey and Heidi Ephrahim (from NRAS) and Lisa Sercombe (from Garden House Hospice) to come forward and receive cheques for that amount.

It was moved by the Chairman, Councillor John Booth, seconded by Councillor Mrs L.A. Needham, and

RESOLVED: That the Council places on record its sincere thanks and appreciation to former Councillor Ray Shakespeare-Smith for his services as Chairman of the Council during the past year.
Noted   
5 APPOINTMENT OF VICE-CHAIRMAN OF THE COUNCIL FOR THE CIVIC YEAR 2016/2017

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 2017.

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

RESOLVED: That Councillor Alan Millard be appointed Vice-Chairman of the Council to hold office until the next Annual meeting of the Council in 2017.

Councillor Millard then read and signed the Statutory Declaration of Acceptance of Office and the Chairman placed the Vice-Chairman's chain upon him. Councillor Millard thanked the Council for his appointment as Vice-Chairman. He informed the Council that his consort for the year would be his wife, Maureen, 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 12 April 2016 be approved as a true record and signed by the Chairman.
Agreed   
7 CHAIRMAN'S ANNOUNCEMENTS

(1) Former Councillor Les Baker

The Chairman announced with sadness that former Councillor Les Baker, who had represented the Royston Palace Ward from 1996 to 2002, and who had also been a Town Councillor, had passed away on 7 May 2016. The funeral was to be held at 11.15am on Thursday, 26 May 2016 at Cambridge City Crematorium, followed by a service at 2.00pm St. John the Baptist Church, Melbourn Street, Royston.

The Chairman invited all present to stand and observe a minute's silence in memory of former Councillor Les Baker.

(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) Urgent Items - North Hertfordshire Museum and Hitchin Town Hall

The Chairman advised that he had accepted urgent Part 1 and Part 2 reports on the North Hertfordshire Museum and Hitchin Town Hall. These reports had been tabled as Items 19 and 20, and would be considered following the conclusion of the business on the published agenda. Following the exclusion of the press and public, the Chairman proposed that the Part 2 report be considered first, and then following the re-admittance of the press and public, the Part 1 report be considered.

(4) New Councillors

The Chairman congratulated and welcomed Councillors Ian Albert, Steve Deakin-Davies, Elizabeth Dennis, Valentine Shanley, Terry Tyler and Simon Watson following their election success at the District Council Elections on 5 May 2016.

(5) Former Councillor re-elected

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

(6) Re-elected Councillors

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

(7) 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 Alan Bardett, John Harris, Joan Kirby, David Leal-Bennett, Sal Jarvis, Deborah Segalini and Ray Shakespeare-Smith.

(8) Charities and Fundraising

The Chairman announced that his chosen charities for the year were Hertfordshire Multiple Sclerosis Therapy Centre (in Letchworth) and Jackie's Drop-In Centre (for adults with disabilities), also in Letchworth.
Noted   
8 DISTRICT COUNCIL ELECTIONS - 5 MAY 2016
Cover Page
District Council Election Results 2016/17

The Council received the report of the Returning Officer on the results of the District and Parish Council Elections held on 5 May 2016.

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 6 May 2016.
Noted   
9 SCHEDULE OF COUNCIL MEETINGS 2016/17
Report

The Council received a report of the Chief Executive on a proposed programme of ordinary meetings of the Council in 2016/2017.

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 2016/2017:

Thursday, 14 July 2016;
Thursday, 1 September 2016;
Thursday, 24 November 2016;
Thursday, 19 January 2017;
Thursday, 9 February 2017; and
Tuesday, 11 April 2017;

REASON FOR DECISION: To enable Members to agree a programme of ordinary meetings of the Council for 2016/2017.
Agreed   
10 LEADER OF THE COUNCIL

The Council noted that the Leader of the Council for the period until May 2019 would be Councillor Mrs L.A. Needham.
Noted   
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 2016/2017 Civic Year.
Noted   
12 APPOINTMENT OF MEMBERS OF THE CABINET FOR 2016/17
Report
Appendix A1 - Cabinet Members 2016/17
Appendix A2 - Cabinet Member Portfolios 2016/17

The Leader of the Council presented a report which was tabled at the meeting, and which advised the Council of the proposed Cabinet Executive Members for 2016/2017. The report also contained details of the delegation arrangements for Executive Members, which would be incorporated into the Council's Constitution.

RESOLVED: That it be noted that the following Members be appointed as Executive Members of the Cabinet for 2016/2017 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 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 2016/2017
Report
Appendix A - Political Proportionality 2016/17
Appendix B - Membership of Committees 2016/17
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 2016/2017. 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;

(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;

(3) That the size of the Standards Committee be increased from 8 to 12 District Council Members (comprising 8 Conservatives, 3 Labour and 1 Liberal Democrat), and that the Democratic Service Manager be instructed to appoint the additional Members of the Committee (3 Conservatives and 1 Labour) following nominations to these positions from the Political Group Leaders; and

(4) That the Monitoring Officer be instructed to amend 7.1.2 of the Constitution to reflect the increased membership of the Standards Committee approved in Resolution (3) above.
Agreed   
14 APPOINTMENT OF CHAIRMEN AND VICE-CHAIRMEN OF COMMITTEES FOR 2016/2017
Report
Appendix A - Chairmen and Vice-Chairmen of Committees 2016/17
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 2016/2017.

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 2016/2017 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 2016/2017.

The meeting was adjourned at 7.59pm.

The meeting was re-convened at 8.04pm.
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 2015/2016 Financial Year, there had been no occasions when the "Special Urgency" powers had been used.

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 Page
Overview & Scrutiny Committee Annual Report 2015/16

The Chairman of the Overview and Scrutiny Committee (Chairman Cathryn Henry) for the Civic Year 2015/2016 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 the Committee had built on the previous good work instigated by the previous Chairman of the Committee. Executive Members had been regularly invited to meetings to give presentations and answer questions; the Task and Finish Group Protocol had been updated; benchmarking had been undertaken with other public sector bodies, as well as private sector organisations. She thanked her Vice-Chairman and Members of the Committee, the Chief Executive, the Scrutiny Officer and the Committee and Member Services Officer for their help and support over the past year.

RESOLVED: That the Annual Report of the Overview and Scrutiny Committee for 2015/2016 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 2015/2016.

The Chairman of the Standards Committee advised that, since the Annual Council meeting last year, the Standards Committee had met twice, in August 2015 and March 2016. The Committee had reviewed and provided input into updating the Planning Code of Good Practice and, at the request of Full Council, would be reviewing this Code again at its next meeting. The Committee would also be reviewing the Council's procedures for handling complaints, which were adopted four years ago on the introduction of the Localism Act requirements.

The Chairman of the Standards Committee stated that the Committee would continue to promote and maintain high standards of conduct by Members of the authority, discussing key issues as and when they arose. 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. He was aware that the Monitoring Officer would shortly be contacting all Members with regard to Local Plan interests and he asked Members to please respond to him in good time.

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 any changes.

With regard to complaints against District and Parish Councillors, the Council noted that there had been a handful of complaints received. Most had been resolved by the Monitoring Officer in determining there was no prima facie case to answer. One complaint against a Councillor proceeded to a Sub-Committee hearing, with the finding of that Sub-Committee, although widely reported, being the subject of an ongoing appeal. The Standards Committee would continue to monitor the number of complaints received and the outcome of them.

The Chairman of the Standards Committee commented 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 issued guidance on Ethical Standards for Providers of Public Services and the following quote from that Guidance resonated with standards in general and was something the Committee would urge all Councillors to think about:

"Whilst many of the requirements for high standards require action at an organisational level, high standards also require individuals to take personal responsibility - by observing high standards themselves, by demonstrating high standards to others through their own behaviour and by challenging inadequate standards when they see them."

The Chairman of the Standards Committee concluded by thanking the Monitoring Officer and the Senior Lawyer, along with the legal staff, for their support and assistance over the past year. He also acknowledged the contributions of Nicholas Moss and Peter Chapman, the Independent Persons.

RESOLVED: That the Chairman's oral report on the work of the Standards Committee for 2015/2016 be noted.
Noted   
19 NOMINATION OF REPRESENTATIVES ON OUTSIDE ORGANISATIONS AND OTHER BODIES FOR 2016/17
Report
Appendix A - Nomination of Representatives on Outside Bodies 2016/17

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 T.W. Hone, that the list of Nominations to Outside Organisations for 2016/2017 tabled at the meeting be approved, with the exception of those which had more nominations than places.

During the debate, the Leaders of the Conservative and Liberal Democrat Groups withdrew from the list the names of certain nominees for those bodies which had more nominations than places.

Upon being put to the vote, it was

RESOLVED:

(1) That the report as submitted be approved, with confirmation that:

(a) the Council's nominated representative on the British Schools Museum will be Councillor Alan Millard;

(b) the Council's nominated representatives on the Hitchin Educational Foundation will be Councillors Allison Ashley, Paul Clark, Bernard Lovewell and Alan Millard and Nr Frank Carr;

(c) the Council's nominated representatives on the St. Johns Community Association, Hitchin Management Committee will be Councillors Nicola Harris and Paul Clark;

(d) the Council's nominated representatives on the St. Michaels Mount Community Centre, Hitchin Management Committee will be Councillors Elizabeth Dennis, Bernard Lovewell and Alan Millard;

(e) the Council's nominated representatives on Westmill Community Centre, Hitchin Management Committee will be Councillors Elizabeth Dennis, Bernard Lovewell and Alan Millard; 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   
20 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   
21 NORTH HERTFORDSHIRE MUSEUM AND 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 Executive Member for Community Engagement and Rural Affairs presented a tabled Part 2 report of the Strategic Director of Customer Services and Project Executive in respect of the proposed completion of the fit out contract for North Hertfordshire Museum and Hitchin Town Hall.

The Executive Member for Community Engagement and Rural Affairs stated that he would not normally advocate the use of tabled reports, but that the need for an urgent decision had only become apparent a few days before the meeting, and it was considered that the matter could not wait until the next scheduled Council meeting.

The Executive Member for Community Engagement and Rural Affairs explained that it was proposed to appoint the relevant sub-contractors of LightBrigade Media Corporation Limited (the main contractor who had gone into receivership) to complete the fit out works. The cost for completion of the contract was set out in Section 8 of the report, which showed that the Council's Capital Programme would need to be increased by £154,398 in order to fund the works.

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 the report be noted;

(2) That the increase of the budget in the Council's Capital Programme by £154,398, as detailed in Table 2 of the report, be agreed; and

(3) That the intention to directly appoint the relevant sub-contractors of LightBrigade Media Corporation Limited to undertake the necessary works to complete the North Hertfordshire Museum fit out be noted.

REASON FOR DECISION: To complete the project in line with the Council's stated policy objectives and to minimise additional expense and loss of income arising from the failure of the fit out contractor.

[Note: At this point in the proceedings, the press and public were re-admitted to the meeting.]
Agreed   
22 NORTH HERTFORDSHIRE MUSEUM AND HITCHIN TOWN HALL
Report
Appendix A - NH Museum and Community Facility: reported movements in projected expenditure and funding
Appendix B - Finacial Risks Assessment

The Executive Member for Community Engagement and Rural Affairs presented a tabled report of the Strategic Director of Customer Services and Project Executive in respect of the proposed completion of the fit out contract for North Hertfordshire Museum and Hitchin Town Hall.

The Executive Member for Community Engagement and Rural Affairs explained the background to the overall project. On 4 March 2016, the Council was formally notified of the Receivership of Light Brigade Media Corporation Limited, the exhibition fit out contractor for the Museum project. In order to complete the Museum project in a timely and cost effective way, it would be necessary to enter into a direct agreement with LightBrigade's sub-contractors, in order to ensure that the work in hand, intellectual property etc was safeguarded to avoid further unnecessary delays of costs. The Part 2 report had set out details of the proposed expenditure in order to maintain commercial sensitivity whilst agreement was reached.

It was moved by Councillor Tony Hunter, and seconded by Councillor Mrs L.A. Needham, that the content of the report be noted and, following consideration of the Part 2 report, the adjustment to the Capital Programme be made to allow the completion of the fit out of the North Hertfordshire Museum.

During the debate, a number of Members considered that there should be an investigation/enquiry into the whole North Hertfordshire Museum and Community Facility contract. The Chairman of the Overview and Scrutiny Committee commented that she would be commissioning such an investigation/enquiry, but only once the whole project was fully completed.

Following further debate, and upon the motion being put to the vote, it was

RESOLVED: That the content of the report be noted and, following consideration of the Part 2 report, the adjustment to the Capital Programme be made to allow the completion of the fit out of the North Hertfordshire Museum.

REASON FOR DECISION: To complete the project in line with the Council's stated policy objectives and to minimise additional expense and loss of income arising from the failure of the fit out contractor.
Agreed   
PART II
23 PART 2 REPORT RELATING TO MINUTE 21 ABOVE
Data/Council/201605191930/Agenda/Report

This is on the E-Genda Committee Management System.
Noted