Meeting documents

Council
Thursday, 14th July, 2016 7.45 pm

Time: 7.45pm 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 P.C.W. Burt, Councillor Paul Clark, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Elizabeth Dennis, Councillor Jane Gray, Councillor Gary Grindal, 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 Jim McNally, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deepak Sangha, Councillor Valentine Shanley, Councillor Harry Spencer - Smith, Councillor R.A.C. Thake and Councillor Terry Tyler.
 IN ATTENDANCE: Chief Executive, Head of Finance, Performance and Asset Management, Corporate Legal Manager, Senior Building Surveyor, Democratic Services Manager and Committee and Member Services Manager.
 ALSO PRESENT: Mr Peter Woods - Office Accommodation Project Architect
1 member of the public.
 Meeting attachments Agenda Front Pages
Audio Recording 1
Audio Recording 2
Item Description/Resolution Status Action
PART I
26 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors John Bishop, Steve Deakin-Davies, Faye S. Frost, Jean Green, Ben Lewis, Gerald Morris, Janine Paterson, Adrian Smith, Mrs C.P.A. Strong, Simon Watson and Michael Weeks.
Noted   
27 MINUTES
Minutes

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

RESOLVED: That, subject to the replacement of the word "Westmill" with "Walsworth" in Minute 19(1)(e) - Nomination of Representatives on Outside Organisations and Other Bodies for 2016/17, the Minutes of the Annual meeting of the Council held on 19 May 2016 be approved as a true record and signed by the Chairman.
Agreed   
28 NOTIFICATION OF OTHER BUSINESS

No additional business was presented for consideration by the Council.
Noted   
29 CHAIRMAN'S ANNOUNCEMENTS

(1) Former County Councillor Nigel Brook

The Chairman had the sad duty to announce that former County Councillor Nigel Brook, who had represented the Hitchin Rural County Division, had passed away recently. The funeral had been held on Wednesday, 29 June 2016, and the Chairman knew that a number of NHDC Members had attended to pay their respects.

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

(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) Paperwork

The Chairman asked Members to check that they had in front of them the following paperwork circulated after despatch of the main agenda for the meeting:

(i) Item 11 - Council Constitution - revised Appendix A;
(ii) Item 13(A) - A Notice of Motion re: Hate Crime; and
(iii) Item 16(A) - Office Accommodation - a Part 2 addendum report.
Noted   
30 PUBLIC PARTICIPATION

There was no public participation.
Noted   
31 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 13 JUNE 2016 - FINANCE, AUDIT AND RISK COMMITTEE ANNUAL REPORT 2015/16
Referral

In the absence of the Chairman of the Finance, Audit & Risk Committee (Councillor Michael Weeks), the Vice-Chairman of that Committee (Councillor Simon Harwood) presented a referral from the meeting of that Committee held on 13 June 2016, in respect of Annual Report of the Committee for 2015/16 (Minute 11 refers).

The Vice-Chairman of the Finance, Audit & Risk Committee thanked the Members of the 2015/16 Committee and officers for their support throughout the year.

It was moved by Councillor Simon Harwood, seconded by Councillor Mrs L.A. Needham, and

RESOLVED: That the Annual Report of the Finance, Audit & Risk Committee 2015/16 be noted.

REASON FOR DECISION: To comply with the requirements of the Council's Constitution.
Noted   
32 ITEM REFERRED FROM CABINET: 14 JUNE 2016 - RISK MANAGEMENT UPDATE AND ANNUAL REPORT ON RISK MANAGEMENT 2015/16
Referral
Appendix A - The Development of Careline risk
Appendix B - Annual report on Risk and Opportunities Management 2015/16

The Council considered the Minute of the meeting of the Cabinet held on 14 June 2016, in respect of the Risk Management Update and Annual Report on Risk Management 2015/16 (Minute 11 refers). A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices:

Appendix A - The Development of Careline Risk; and
Appendix B - Annual Report on Risk and Opportunities Management 2015/16.

It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following brief debate and upon being put to the vote, it was

RESOLVED: That the Annual Report on Risk and Opportunities Management 2015/16, as set out at Appendix B to the report, be approved.

REASON FOR DECISION: To comply with the requirements of the Risk and Opportunities Management Strategy.
Agreed   
33 ITEM REFERRED FROM CABINET: 14 JUNE 2016 - REVENUE BUDGET OUTTURN 2015/16
Referral
Appendix A - General Fund Summary
Appendix B - Carry Forward Budgets requested for 2016/17
Appendix C - Collection Fund as at 31 March 2016

The Council considered the Minute of the meeting of the Cabinet held on 14 June 2016, in respect of the Revenue Budget Outturn 2015/16 (Minute 13 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 2016/17; and
Appendix C - Collection Fund as at 31 March 2016.

It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following brief debate and upon being put to the vote, it was

RESOLVED: That the net transfer from earmarked reserves of £331,000 (as set out in Paragraphs 8.16 - 8.18 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   
34 ITEM REFERRED FROM CABINET: 14 JUNE 2016 - ANNUAL TREASURY MANAGEMENT REVIEW 2015/16
Referral
Appendix A - Annual Treasury Management Review 2015/16

The Council considered the Minute of the meeting of the Cabinet held on 14 June 2016, in respect of the Annual Treasury Management Review 2015/16 (Minute 14 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 2015/16.

It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following brief debate and upon being put to the vote, it was

RESOLVED:

(1) That the actual 2015/16 prudential and treasury indicators be approved; and

(2) That the Annual Treasury Report for 2015/16, 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   
35 ITEM REFERRED FROM CABINET: 14 JUNE 2016 - CORPORATE OBJECTIVES FOR 2017-2021
Referral

The Council considered the Minute of the meeting of the Cabinet held on 14 June 2016, in respect of Corporate Objectives for 2017-2021 (Minute 17 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 that the Corporate Objectives for 2017-2021, as set out in the report, be approved.

During the debate, Councillor Cunningham agreed to take into account for the future a comment made by a Member who preferred the use of "people with disadvantages" rather than "the disadvantaged".

RESOLVED: That the following revised Corporate Objectives be continued for 2017 to 2021:

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 2017/18 through to 2021.
Agreed   
36 COUNCIL CONSTITUTION - ANNUAL REVIEW 2016
Report
Appendix A - Schedule of proposed amendments to the Constitution

The 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 - Schedule of proposed amendments to the Constitution (amended version with changes highlighted in red).

The Corporate Legal Manager and Monitoring Officer commented that, rather than a fundamental review, the 2016 Constitution Review had been "light touch" in nature. He explained the major proposed changes set out in Appendix A, and answered a number of Members' questions.

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and following debate, and upon being put to the vote, it was

RESOLVED:

(1) That the proposed amendments to the Council's Constitution, as set out at Appendix A to the report, be approved; and

(2) 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   
37 QUESTIONS FROM MEMBERS
Report

In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Lorna Kercher to Councillor Mrs L.A. Needham (Leader of the Council):

"In the light of the devastating flooding with sewage water to properties and community areas, which particularly hit Letchworth, would the Leader of the Council please explain what action has been taken to put in place plans to ensure we do not have a repeat of last month's incident?"

Councillor Needham replied that she assumed that the questioner, in her role of County Councillor, would be asking a similar question to Hertfordshire County Council, as that organisation had the principal responsibility for dealing with flooding issues. However, her sympathy went out to all those who had suffered as a result of the flooding.

Councillor Needham stated that NHDC officers had been on standby throughout the flooding, waiting to hear from the County Council if the matter was to be declared a "major incident". In the event, the matter was not declared a "major incident".

Councillor Needham advised that a number of Council facilities were flooded and these had been dealt with as swiftly as possible. The Council would continue to work with the County Council and the emergency services in seeking to identify and manage problem issues and respond effectively to such incidents.

As a supplementary question, Councillor Kercher asked:

"Would the Leader of the Council agree that it was not unreasonable to expect Council officers and the Council to help a councillor to work with other organisations to avoid a similar flooding incident?"

Councillor Needham replied that it was a given that NHDC had contact with other agencies. The Environment Agency was the principal authority for main rivers, although there were none of these in North Hertfordshire. NHDC looked after its own land; Affinity Water, Anglian Water and Thames Water all had responsibilities for waste water, and Anglian water would be addressing specific issues in Norton Common; Hertfordshire County Council had responsibility for ground water, flash flooding, and flooding on the main highways; and advice was provided to landowners who had water courses crossing their land. In the first instance, incidents should always be referred to the Fire and Rescue Authority.

The Leader advised that the Council had contact with all of the above agencies, and would continue to do so in order to be as prepared as possible for the future.
Noted   
38 NOTICE OF MOTIONS
Report
Item 13A - Notice of Motion

Hate Crime

Due notice having been given in accordance with Standing Order 4.8.12, it was moved by Councillor Ian Albert, and seconded by Councillor Paul Clark,

"That, following anecdotal reports of the increase in the numbers of hate crime and fear of hate crime in North Hertfordshire following the disappointing outcome of the referendum on Membership of the European Union, this Council agrees to:

- Work with the local Police force and Police and Crime Commissioner (PCC) to establish the scale of the problem;
- Publicly reassure all people living in this area that they are valued members of our community;
- Publicly condemn racism, xenophobia and hate crimes unequivocally whenever they occur in North Hertfordshire; and
- Work to ensure that local bodies and programmes have the support and resources they need to fight and prevent racism and xenophobia."

During the debate, the mover and seconder accepted removal of the word "disappointing" from the second line of the motion.

All speakers in the debate supported the sentiments expressed in the motion and were unanimous in their condemnation of hate crime.

Upon the motion being put to the vote, it was

RESOLVED: That, following anecdotal reports of the increase in the numbers of hate crime and fear of hate crime in North Hertfordshire following the outcome of the referendum on Membership of the European Union, this Council agrees to:

- Work with the local Police force and Police and Crime Commissioner (PCC) to establish the scale of the problem;
- Publicly reassure all people living in this area that they are valued members of our community;
- Publicly condemn racism, xenophobia and hate crimes unequivocally whenever they occur in North Hertfordshire; and
- Work to ensure that local bodies and programmes have the support and resources they need to fight and prevent racism and xenophobia.
Agreed   
39 OFFICE ACCOMMODATION
Report
Appendix 1 - Descriptions of Tender Options
Appendix 2 - Planning Enhancements
Appendix 3 - Option 1 Drawing
Appendix 4 - Option 2 Drawing
Appendix 5 - Option 3 Drawing
Appendix 6 - Option 4 Drawing
Appendix 7 - Option 5 Drawing
Appendix 8 - Works for Ten Year Period

[During this item, Councillor David Levett made a Declarable Interest, as he had in the past had dealings in a personal capacity with Structura, the company mentioned in Paragraph 8.3.5 of the report. However, he did not consider this to be so significant as to prejudice his judgement of the public interest, and therefore remained in the meeting for the duration of this and the subsequent items on Office Accommodation.]

The Executive Member for Finance and IT (Councillor T.W. Hone) presented the report of the Strategic Director of Finance, Policy and Governance in respect of Office Accommodation. The following appendices were submitted with the report:

Appendix 1 - Descriptions of Tender Options;
Appendix 2 - Planning Enhancements;
Appendix 3 - Option 1 Drawing;
Appendix 4 - Option 2 Drawing;
Appendix 5 - Option 3 Drawing;
Appendix 6 - Option 5 Drawing; and
Appendix 7 - Works for Ten Year period.

The Executive Member for Finance and IT explained the background to the project and the increase in estimated costs from when the initial decision to refurbish the District Council Offices had been agreed in July 2013 to the figures now included in the Part 2 report on the matter, mainly due to the commensurate increases in construction costs.

The Executive Member for Finance and IT considered that the alternative options sets set out in the report would provide enhancements to allow the 40 year old building to operate for a further 40+ years. In addition to the Base Scheme, he briefly outlined the options set out in the report:

Planning Enhancements - The intention was to make the building more like a Civic building rather than a 1970's office block. This included the provision of a large clock and the name "North Hertfordshire District Council" fixed to the south facing edge of the building, as well as renewing all other glazing to match curtain walling; new signage and render background; new entrance canopy; entrance front walls removed and new steps; new brickwork to pathways;

Option 1: Ground Floor South Wing Refurbishment - This option was to create an informal meeting/vending area on the ground floor, which could be used by staff and members of the public waiting to be seen by a Council Officer or perhaps an Officer from a partner organisation. This option required space on the Ground Floor and it may not be possible to proceed with this depending on how much Ground Floor space was required by any potential tenants;

Option 2: First Floor South - Flexible Civic Accommodation Version 1 - This option installed moveable partitions in the Council Chamber to create six meeting rooms for use when the whole Council Chamber was not required. A wider corridor would be created and moveable walls would be installed between three Committee Rooms to maximise flexibility. A kitchen would be provided for use within the Civic Suite. This option would create more working space to enable the Council to let out part of the building to a partner organisation;

Option 3: First Floor South - Flexible Civic Accommodation Version 2 - This was similar to Option 2, except that it created three meetings rooms within the Council Chamber for use when the Chamber was free, plus an informal working/meeting/greeting area for use by Officers and Members;

Option 4: First Floor South Wing - Improvements in Civic Importance of Civic Suite - This option provided an enhanced public entrance to the First Floor Lift Lobby and Civic Suite corridor and enhanced Member accommodation within one of the rooms. To gain maximum benefit from this option, it required the widened corridor available through either Option 2 or 3. This option would provide:

- Enhanced hardwood feature wall linings to First Floor lift lobby and Civic Suite corridor;
- Additional curved ceiling bulkhead, plaster ceiling area and downlights to First Floor Lift Lobby;
- Additional ceiling bulkheads and plaster ceiling bands to Civic Suite corridor;
- Enhanced finishes generally;
- Full height polished stainless steel door handles and kick plates, etc. to First Floor lift lobby and Civic Suite corridor doors;
- Purpose-made hardwood display case to First Floor lift lobby;
- Purpose-made hardwood bookcases to Committee Rooms 1 and 2.

This option, in conjunction with either Option 2 or 3 and Option 5, would provide a number of rooms, the exact use of which could be determined later, i.e. Committee Rooms, Members' Room, Leader's Room, after further consultation with Members, perhaps through a Member Focus Group.

Option 5: First Floor North Wing - This option was to make the North Wing of the First Floor open plan, with offices/meeting rooms in each corner. This would provide space for more workstations and would allow enhanced temperature control measures in this part of the building. This option would create more working space to enable the Council to let out part of the building to a partner organisation.

Having evaluated all of the options, the Executive Member for Finance and IT recommended that, in order to provide maximum flexibility in addition to the base scheme, the planning enhancements, plus Option 2 (with Options 1, 4 and 5) should be progressed. This also provided the opportunity for rental income through the potential letting out of part of the building, especially as a number of organisations had expressed an interest.

The Council debated the report, and it was agreed that a decision be made on the matter following Members' consideration of the Part 2 report on Office Accommodation (see Minute 41 below.)
Agreed   
40 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 Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).
Agreed   
41 OFFICE ACCOMMODATION

The Executive Member for Finance and IT (Councillor T.W. Hone) presented the Part 2 report and addendum report of the Strategic Director of Finance, Policy and Governance in respect of Office Accommodation. The following appendix was submitted with the report:

Appendix 1 - Descriptions of Tender Options.

The Executive Member for Finance and IT advised that the closing date for submission of tenders was 5 July 2016. Unfortunately, no tenders had been submitted.

The Executive Member for Finance and IT referred to the paragraphs in the report which explained the reasons why a number of contractors had not submitted tenders. There were other options to take the projects forward, and these would be taken forward, for example the possible use of a framework contract.

The Executive Member for Finance and IT considered that the prices included within the report were still believed to provide a reasonable estimate of the scheme cost, although he considered that it would be prudent to include a contingency of 10%.

It was therefore moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, was

RESOLVED:

(1) That the amount in the Capital Programme for the refurbishment of the District Council Offices be £5,378,000 (Base Scheme, planning enhancements, Option 2, with Options 1, 4 and 5), as indicated in Paragraph 10.5 of the report, plus a contingency of 10% for any unforeseen expenditure necessary during the construction phase, giving a revised capital estimate of £5,916,000;

(2) That the Accommodation Project Board proceeds with alternative options for the contracting of this work, which could include a new traditional tender exercise or use of a framework contract; and

(3) That the Strategic Director of Finance, Policy and Governance, in consultation with the Executive Member for Finance an IT, be authorised to agree a total price within the revised estimate at (1) above, including contingency.

REASON FOR DECISION: To enable the project to refurbish the District Council Offices to proceed.

[Note: At this point in the proceedings, the press and public were re-admitted to the meeting.]
Agreed   
42 OFFICE ACCOMMODATION

The Council already having approved Recommendation 2.3 in the report by virtue of the resolutions at Minute 41 above, it was moved by Councillor T.W. Hone, and seconded by Councillor Mrs L.A. Needham that Recommendations 2.1, 2.2, 2.4 and 2.5 be approved.

Upon this motion being put to the vote, it was

RESOLVED:

(1) That the position in relation to the Office Accommodation project be noted;

(2) That it be noted that the final details of the costs had been made available in the Part 2 addendum report;

(3) That Option 3 be excluded, and the planning enhancements plus Option 2 (with Options 1, 4 and 5) be the agreed priorities; and

(4) That the Project Executive convenes a Member Focus Group to consider the best uses of the rooms in the Civic area of the building.

REASON FOR DECISION: To enable the project to refurbish the District Council Offices to proceed.
Agreed   
PART II
43 PART 2 REPORT RELATING TO MINUTE 41 ABOVE
Data/Council/201607141945/Agenda/Report
Data/Council/201607141945/Agenda/Addendum Report
Data/Council/201607141945/Agenda/Appendix 1 - Description of Tender Options

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