Agenda, decisions and minutes

Apologies for absence were received from Councillors Val Bryant, Tamsin Thomas, Raj Bhakar, Michael Muir, Michael Weeks, Faye Frost, Mandi Tandi, Ian Albert, James Denselow and Sam Collins.

 

 

Audio recording – 1:31

 

Apologies for absence were received from Councillors Val Bryant, Tamsin Thomas, Raj Bhakar, Michael Muir, Michael Weeks, Faye Frost, Mandi Tandi, Ian Albert, James Denselow and Sam Collins.

 

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 23 February 2023.

RESOLVED:That the Minutes of the Council Meeting held on 23 February 2023 be approved as a true record of the proceedings and be signed by the Chair.

Audio recording – 2:29

 

Councillor Sam North, as Chair proposed, Councillor Elizabeth Dennis-Harburg seconded, and following a vote, it was:

 

RESOLVED:That the Minutes of the Meeting of the Committee held on 23 February 2023 be approved as a true record of the proceedings and be signed by the Chair.

Members should notify the Chair of other business which they wish to be discussed at the end of either Part I or Part II business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

 

The Chair will decide whether any item(s) raised will be considered.

There was no other business notified.

Audio recording – 4:51

 

There was no other business notified.

Climate Emergency

The Council has declared a climate emergency and is committed to achieving a target of zero carbon emissions by 2030 and helping local people and businesses to reduce their own carbon emissions.

 

A Cabinet Panel on the Environment has been established to engage with local people on matters relating to the climate emergency and advise the council on how to achieve these climate change objectives. A Climate Change Implementation group of councillors and council officers meets regularly to produce plans and monitor progress. Actions taken or currently underway include switching to green energy, incentives for low emission taxis, expanding tree planting and working to cut food waste.

 

In addition the council is a member of the Hertfordshire Climate Change and Sustainability Partnership, working with other councils across Hertfordshire to reduce the county’s carbon emissions and climate impact.

 

The Council’s dedicated webpage on Climate Change includes details of the council’s climate change strategy, the work of the Cabinet Panel on the Environment and a monthly briefing on progress.

 

Declarations of Interest

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chair of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest, wishing to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

(1)  The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

 

(2)  Members were reminded that this Council had declared a Climate Emergency.  This was a serious decision and means that, as this is an emergency, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our District.

 

(3)  The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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.

 

(4)  The Chair clarified the rules of debate for Members.

 

(5)  The Chair clarified that 4.8.23(a) of the Council’s Constitution did not apply to the meeting and advised that a comfort break would be taken at a suitable time in the proceedings, if required.

 

(6)  The Chair acknowledged Councillors that were not standing in the forthcoming elections and thanked them for their service.

 

(7)  The Chair advised a change to the order of the agenda and Item 7 ‘Notice of Motions’ would be taken after Item 9 ‘Constitutional Amendment Report’.

 

(8)  The Chair held a minute’s silence in memory of former Councillor John Bishop and Group Leaders and Members paid tribute.

Audio recording – 4:57

 

(1)   The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded;

 

(2)   Members were reminded that this Council had declared a Climate Emergency.  This was a serious decision and means that, as this is an emergency, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our District.

 

(3)   The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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.

 

(4)   The Chair clarified the rules of debate for Members.

 

(5)   The Chair clarified that 4.8.23(a) of the Council’s Constitution did not apply to the meeting and advised that a comfort break would be taken at a suitable time in the proceedings, if required.

 

(6)   The Chair acknowledged Councillors that were not standing in the forthcoming elections and thanked them for their service.

 

(7)   The Chair advised a change to the order of the agenda and Item 7 ‘Notice of Motions’ would be taken after Item 9 ‘Constitutional Amendment Report’.

 

(8)   The Chair held a minute’s silence in memory of former Councillor John Bishop and Group Leaders and Members paid tribute

 

N.B. Councillor Juan Cowell entered the Chamber at 19:44.

To receive petitions, comments and questions from the public.

There was no public participation at the meeting.

Audio recording – 23:41

 

There was no public participation at the meeting.

 

To consider any questions submitted by Members of the Council, in accordance with Standing Order 4.8.11 (b).

In accordance with Standing Order 4.8.11 three questions had been submitted by the required deadline set out in the Constitution.

 

(A)  Council Financial Information

 

Councillor David Levett to Councillor Ian Albert (Executive Member for Finance and IT)

 

(B)  Breach of the Code of Conduct Investigation and Withdrawn Sub-Committee Costs

 

Councillor Ralph Muncer to Councillor Ian Albert (Executive Member for Finance and IT)

 

(C)  Fly-tipping

 

Councillor Ralph Muncer to Councillor Amy Allen (Executive Member for Recycling and Waste Management)

Audio recording – 23:54

 

In accordance with Standing Order 4.8.11 three questions had been submitted by the required deadline as set out in the Constitution.

 

(A)  Council Financial Information

 

Councillor David Levett to Councillor Ian Albert (Executive Member for Finance and IT).

 

The Chair advised that as Councillor Albert was not in attendance and had provided a written response which had been published as a supplement to the agenda.

 

Councillor David Levett advised that the written response was comprehensive and that he did not have a supplementary question.

 

(B)  Breach of the Code of Conduct Investigation and Withdrawn Sub-Committee Costs

 

Councillor Ralph Muncer to Councillor Ian Albert (Executive Member for Finance and IT)

 

The Chair advised that Councillor Albert was not in attendance and had provided a written response which had been published as a supplement to the agenda.

 

Having been invited by the Chair, Councillor Ralph Muncer read out his question as published and asked the following supplementary question:

 

“Does the Executive Member agree with the findings of the independent investigator in that the Leader of the Council breached the Code of Conduct?”

 

The Chair explained that a written response would be provided at a later day and made available on the relevant Council meeting page.

 

(C)  Fly-tipping

 

Councillor Ralph Muncer to Councillor Amy Allen (Executive Member for Recycling and Waste Management).

 

“‘To ask the Executive Member for Recycling and Waste Management to detail to Council for the years 2019/2020, 2020/2021, 2021/2022, 2022/2023:

 

A.    The number of Fly-tipping incidents recorded in North Hertfordshire,

B.    The total cost to the Council of addressing Fly-tipping incidents,

C.    The amount spent by NHDC on the prevention of Fly-tipping,

D.    The number of Fixed Penalty Notices (FPN) issued by NHDC for Fly-tipping,

E.    The number of prosecutions brought by NHDC for Fly-tipping.”

 

Councillor Amy Allen gave a response as follows:

 

“For the benefit of everybody in the room I’m going to read out the statistics that were produced in the MIS three weeks ago.

 

A, the number of fly-tipping incidents recorded in North Hertfordshire 2019-2020 was 603, 2020-2021 was 1,048, 2021-2022 was 874, 2022-2023 was 839. Again, this information is available in the MIS that was circulated on the 17^th of March.

Question D, the number of fixed penalty notices FPNs issues by North Hertfordshire District Council for fly-tipping 2019-2020 was 15, 2020-2021 was 27, 2021-2022 was 25, 2022-2023 was 11.

 

And question E the number of prosecutions brought by North Hertfordshire Council for fly-tipping 2019-2020 was 3, 2020-2021 it was 6, 2021-2022 it was 1, 2022-2023 it was 2.

 

Those are the answers to questions A, D and E.

 

The answer to question B total cost to the Council of addressing fly-tipping incidents, this is going to have to be a written response because there is far too much information to quantify and put into a verbal response, and you’ll get that in writing very soon.

 

Question C the amount spent by North Hertfordshire District Council on  ...  view the full minutes text for item 196.

To consider any motions, due notice of which have been given in accordance with Standing Order 4.8.12.

One motion was submitted in accordance with Standing Order 4.1.12.

 

(A)  Motion to Remove the Leader of the Council from Office

 

RESOLVED: That the Leader of the Council was not removed from Office.

 

Audio recording – 2:19:43

 

One motion was submitted in accordance with Standing Order 4.1.12.

 

Councillor Claire Strong moved the motion which had been supported by the Conservative Group to remove the Leader of the Council from Office. She advised that the motion followed on from the Standards Matters Report discussed at the Standards Committee in March. An external investigator found that there was a case to answer, and the Leader had breached the Code of Conduct. Whilst an apology had been received, the Office of the Leader had been bought into disrepute.

 

Councillor Claire Strong called for a recorded vote on the motion.

 

Councillor Morgan Derbyshire seconded the motion and advised that he had made the complaint against the Leader. The independent investigator found that the Leader had breached the Code of Conduct, which was on public record. Whilst an apology was accepted by the Monitoring Officer, this did not excuse that the Office of the Leader had been bought into disrepute.

 

The following Members took part in debate:

 

·         Councillor Ralph Muncer

·         Councillor Nigel Mason

·         Councillor Gerald Morris

·         Councillor Ruth Brown

·         Councillor Tom Plater

·         Councillor Adam Compton

·         Councillor Keith Hoskins

·         Councillor Elizabeth Dennis-Harburg

·         Councillor George Davies

·         Councillor Claire Strong

 

Points raised during the debate included:

 

·         Standards of public life applied to all Councillors and the investigation found that the Code of Conduct had been breached by the Leader.

·         The apology received from the Leader was deemed appropriate and was accepted by the Monitoring Officer and Independent Person.

·         The Independent Person of the Standards Committee concluded that the complaint was investigated fully and robustly.

·         It was stated that the complainant was not given sufficient time to accept the apology, although it was clarified by the Monitoring Officer that he had been provided with 3 days, the maximum time available, and had not responded by the deadline or since.

 

Having been proposed by Councillor Claire Strong and seconded by Councillor Morgan Derbyshire, the motion was put to a vote:

 

The results of the recorded vote were as follows:

 

YES       :  14

ABSTAIN   :   1

NO        :  19

TOTAL     :  34

 

The individual votes were as follows:

 

Cllr Sam North                                      ABSTAIN

Cllr Adam Compton                                   YES

Cllr Adem Ruggerio-Cakir                            NO

Cllr Alistair Willoughby                            NO

Cllr Amy Allen                                      NO

Cllr Carol Stanier                                  NO

Cllr Chris Hinchliff                                NO

Cllr Chris Lucas                                    NO

Cllr Claire Strong                                  YES

Cllr Clare Billing                                  NO

Cllr Daniel Allen                                  

Cllr David Barnard                                  YES

Cllr David Levett                                   YES

Cllr Elizabeth Dennis-Harburg                       NO

Cllr George Davies                                  YES

Cllr Gerald Morris                                  YES

Cllr Ian Mantle                                     NO

Cllr Ian Moody                                      YES

Cllr Jean Green                                     YES

Cllr Keith Hoskins                                  NO

Cllr Morgan Derbyshire                              YES

Cllr Nigel Mason                                    NO

Cllr Philip Weeder                                  NO

Cllr Ralph Muncer                                   YES

Cllr Richard Thake                                  YES

Cllr Ruth Brown                                     NO

Cllr Sean Nolan                                     NO

Cllr Sean Prendergast                               NO

Cllr Simon Bloxham                                  YES

Cllr Steve Jarvis                                   NO

Cllr Terry Hone                                     YES

Cllr Terry Tyler                                    NO

Cllr Tom Plater                                     NO

Cllr Tom Tyson                                      NO

Cllr Tony Hunter                                    YES

 

RESOLVED: That the Leader of the Council  ...  view the full minutes text for item 197.

Any items referred from other committees will be circulated as soon as they are available.

There were no items referred.

Audio recording – 32:25

 

There were no items referred.

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY AND THE MONITORING OFFICER

 

To propose changes to the Constitution.

RESOLVED:

 

(1)  That Council approved the change of the Area Committees to informal Area Forums (set out in paragraphs 8.2-8.5) to commence with the new municipal year from May 2023.

 

(2)  The  principle that grant applications be considered by the District Wide Community Facilities Capital & Revenue Grants Panel (as set out in paragraphs 8.6-8.11) was not approved[default decision was that Area Forums would consider and recommend].

 

(3)  That a start time of 19:00 for meetings (other than those which already meet in the daytime) was not approved.

 

(4)  That Council noted the Cabinet Panel on the Environment was the remaining Panel from May 2023.

 

(5)  That Council approved the amendments detailed in Appendix A (summarised at paragraph 8.14-8.18).

 

REASON FOR DECISIONS: To review and look at ways to improve engagement with the community; consider resource issues, reflect good decision-making practice, and keep the Constitution up to date.

 

 

Audio recording – 32:29

 

The Service Director – Legal and Community gave a verbal update and advised:

 

·       A Member/Officer working group would be starting around July 2024, after the all-out elections to review the Constitution and Committee arrangements, to future proof, so far as possible for the 4-year term.

·       It was felt that the recommendations would improve public engagement and would be good for resources, such as staff.

·       Group Leaders were consulted, and a survey sent to Members about the proposed changes had 44 responses. The Committee, and then the Policy and Community Teams were also consulted. Recommendations 2.1-2.4 were reflective of those responses.

·       Recommendation 2.1 proposed that Area Committees would change to Area Forums which had the most support from Members in the survey – 31 in favour. The Area Forums would still have an elected Chair and Vice-Chair, but there would be more flexibility in the topics discussed, formal meetings were not the best way to engage with the community; would be more people focused combining Town Talks and more dynamic. Forums could meet virtually, hybrid and in a set location as agreed. These could be reactive to situations. This reduced the number of formal meetings that must be arranged and clerked by the Committee team, by at least 20.

·       If recommendation 2.1 was accepted, 2.2 would propose that grant applications be dealt with at the District Wide Community Facilities Capital & Revenue Grants Panel. The Panel would be a better way to consider, for budget, consistency, and staff resource reasons. The Panel would be made up of Area Forum Chair and Vice Chairs. It would be flexible for members and those applying for grants.

·       Recommendation 2.3 proposed an earlier meeting start time of 19.00. North Herts Council had a greater number of meetings and later start times than other councils in Hertfordshire. The LGA Peer review recommended earlier start times for decision making and other staff and Member related health and wellbeing reasons.

·       Recommendation 2.4 was to note that the Cabinet Panel for the Environment would be the remaining Cabinet Panel for 2023.

·       Recommendation 2.5 focused on the proposed constitutional changes in Appendix A. Council Tax Setting Committee option A was being put forward, unless proposed otherwise.

 

N.B. Councillor Tom Plater left the Chamber at 20:05 and re-entered at 20:08.

 

The following Members asked questions:

 

·       Councillor Ralph Muncer

·       Councillor Richard Thake

·       Councillor Claire Strong

·       Councillor Adam Compton

 

In response to the questions, the Service Director – Legal and Community advised:

 

·       The advice from King’s Counsel was that Officers did not need to attend Committee meetings in person.

·       The proposals were for Area Forums, not additional panels.

·       A Member/Officer working group would be set up after elections in 2024 to review Committee structure.

·       Percentage based grant funding for each area could be looked at.

 

Councillor Elizabeth Dennis-Harburg proposed the recommendations and commented that there had been significant issues recently with community engagement, staff recruitment and retention. The proposed recommendations would put people first and ensure that work is collaborative  ...  view the full minutes text for item 199.