Agenda, decisions and minutes

Apologies for absence were received from Councillors Bill Davidson, Elizabeth Dennis, Faye S. Frost, Jane Gray, Gary Grindal, Nicola Harris, Janine Paterson and Valentine Shanley.

Apologies for absence were received from Councillors Bill Davidson, Elizabeth Dennis, Faye S. Frost, Jane Gray, Gary Grindal, Nicola Harris, Janine Paterson and Valentine Shanley.

To take as read and approve as a true record the minutes of the meeting of the Council held on 18 January 2018.

RESOLVED: That the Minutes of the meeting of the Council held on 18 January 2018 be approved as a true record and signed by the Chairman.

It was moved by Councillor Lynda Needham, seconded by Councillor Julian Cunningham, and

RESOLVED: That the Minutes of the meeting of the Council held on 18 January 2018 be approved as a true record and signed by the Chairman.

Members should notify the Chairman of other business which they wish to be discussed by the Council at the end of the 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 Chairman will decide whether any item(s) raised will be considered.

No additional business was presented for consideration by the Council.

No additional business was presented for consideration by the Council.

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 Chairman 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 which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.

(1)        Holocaust Memorial Day

The Chairman announced that Holocaust Memorial Day had taken place on 27 January 2018.  This day was to remember the millions of people murdered or whose lives had been changed beyond recognition due to the Holocaust, Nazi persecution, and in subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur.

The Chairman asked everyone stand to observe a Minute’s silence in respect of Holocaust Memorial Day.

(2)        Retirement of David Miley (Democratic Services Manager)

The Chairman advised that this would have been the final Council meeting attended by David Miley (Democratic Services Manager) prior to his retirement at the end of March 2018.  Unfortunately, David was unwell.  David had worked for NHDC for over 15 years.  The Chairman was sure that Members would join him in thanking David for his invaluable support and advice throughout that time, and in wishing him an enjoyable retirement and best wishes for the future.

(3)        Variation of Order of Business

The Chairman announced that he was varying the order of business so that, following the exclusion of the press and public, Item 14 (the Part 2 item on Churchgate) would take place immediately after Item 5 (Public Participation).  The press and public would then be invited back into the room for the remainder of the meeting.

(4)        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.

(1)        Holocaust Memorial Day

The Chairman announced that Holocaust Memorial Day had taken place on 27 January 2018.  This day was to remember the millions of people murdered or whose lives had been changed beyond recognition due to the Holocaust, Nazi persecution, and in subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur.

The Chairman asked everyone stand to observe a Minute’s silence in respect of Holocaust Memorial Day.

(2)        Retirement of David Miley (Democratic Services Manager)

The Chairman advised that this would have been the final Council meeting attended by David Miley (Democratic Services Manager) prior to his retirement at the end of March 2018.  Unfortunately, David was unwell.  David had worked for NHDC for over 15 years.  The Chairman was sure that Members would join him in thanking David for his invaluable support and advice throughout that time, and in wishing him an enjoyable retirement and best wishes for the future.

(3)        Variation of Order of Business

The Chairman announced that he was varying the order of business so that, following the exclusion of the press and public, Item 14 (the Part 2 item on Churchgate) would take place immediately after Item 5 (Public Participation).  The press and public would then be invited back into the room for the remainder of the meeting.

(4)        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.

To receive petitions, comments and questions from members of the public.

The Council was addressed by the following members of the public regarding the regeneration of Churchgate Shopping Centre, Hitchin.

(a)        Mr Robin Dartington (Hitchin Resident)

(b)        Mr Brian Foreman (Churchgate Retailers Association)

(c)        Mr Alan Doggett (Hitchin Market)

The Council was addressed by the following members of the public regarding the regeneration of Churchgate Shopping Centre, Hitchin.

(a)        Mr Robin Dartington (Hitchin Resident)

Mr Dartington advised that he was speaking as a concerned member of the public, who was aware of the many previous abortive attempts to improve Churchgate, and was anxious that this time it was a success.  Although speaking just for himself, he stated that he had 40 years’ experience in the development industry, and so was representative of the many qualified professionals in the Hitchin Community.  He also believed that a majority of Hitchin residents would welcome this new initiative, but not support the Council rushing to terms with a property company before there had been much more investigation.

Mr Dartington commented that the lessons from the failed Simons project were summed up in 10 points from the Scrutiny Committee, all supported by the Cabinet in September 2017.  Three were relevant at this stage and he hoped Members agreed that, when considered, they supported the following suggested amendments to the recommendations in the report now before the Council, to make this project a success:

1.      In Recommendation 1: add change to “That Full Council support regeneration of the Churchgate Centre and of Hitchin Market”.

Reason: The Visitor Survey revealed that Hitchin Market was the second most quoted reason for visiting Hitchin – the Market was far more important to Hitchin than the few shops in Churchgate, especially now that comparison shopping was so much easier on-line.

2.      Recommendation 2: change totally to “Delay negotiations with Shearer Property Group until there has been meaningful consultation with the Hitchin Committee, Hitchin Market and the public - and until an experienced Project Director has been brought into the Negotiating Team”.

Reasons: (1) Just to inform major stakeholders only a few days ago – and the public not at all - was frankly insulting.  There must be opportunity for meaningful consultation outside of Cabinet.

(2) To proceed with negotiations, without including an experienced team member, would be an insult to the property industry.

3.    Recommendation 3: Change totally to “Extend the existing Market Contract until the start of actual work on Regeneration”.

 
Reasons: The Council has no experience in operating the Market. Hitchin Market Ltd has, so just let the contract run until the site needs to be cleared.  Why load officers who are already over-stretched? 

Mr Dartington considered that the above amendments were supported by the following Scrutiny recommendations:

Recommendation 9 – “The Council should ensure there is meaningful consultation with the public prior to it finalising its plans; and make sure it continues to inform the public throughout the life of the project.”

Hitchin was a special place, with a 1,000 year history, that had shaped its very attractive, but very complex, character.  It had a very active community, expressed through a large number of organised groups.  Unless the public was brought on board, the scheme would turn out bad.

Recommendation 6 – “The Council needs to  ...  view the full minutes text for item 71.

REPORT OF THE DEPUTY CHIEF EXECUTIVE

[Note: this item was considered after Minute 80]

RESOLVED:

(1)        That the principle of a joint venture regeneration of the Churchgate Centre, with the Council as funder of the regeneration, be supported;

(2)        That the Deputy Chief Executive, in consultation with the Chief Finance Officer, the Leader of the Council and Executive Member for Finance and IT, be authorised to progress negotiations with Shearer Property Group on the terms of a potential joint venture regeneration of the Churchgate Centre, subject to Full Council’s final approval of the terms of any proposal; and

(3)        That the proposal to allow the contract for the management of Hitchin Market to expire and for the market to be managed in-house, subject to Cabinet’s approval, be noted.

REASON FOR DECISION: To progress the potential regeneration of the Churchgate Shopping Centre in Hitchin.

[Note: this item was considered after Minute 80]

The Council considered the Part 1 report of the Deputy Chief Executive in respect of the Regeneration of Churchgate Shopping Centre.  The following appendix was submitted with the report:

Appendix A – Indicative Site Plan.

The Executive Member for Finance and IT (Councillor Julian Cunningham) advised that the report was asking the Council to agree, in principle, to a scheme for the redevelopment of Churchgate.  It did not commit the Council in any way, other than further discussions with the Shearer Property Group (SPG).  As and when (and if) the Council was in a position where a scheme was to be proposed for taking forward, the matter would come back before the Council.

The Executive Member for Finance and IT stated that the scheme was two separate, but intertwined projects, one being the regeneration on the existing footprint of the Churchgate Shopping Centre, and the other the redevelopment of the public realm to the rear of the shopping centre, including the position of the Hitchin Market.  He commented that the proposals to regenerate the shopping centre would not work without a market operation and a high quality public realm behind it.  The experience of SPG and the Council’s own consultants was that people would not visit any shopping centre, however wonderful the shops, if it was located in the middle of a “wasteland”.

The Executive Member for Finance and IT felt that it was important that it was recognised that Hitchin was a market town with a 1,000 year history.  There were no plans for the market to be taken out of Hitchin, as the future of the market was integral to the success of the shopping centre.

The Executive Member for Finance and IT commented that the reality of the situation was that the world was changing, as was the retail trade.  Work had been done by the Council’s consultants and the evidence gathered supported the view that there was significant demand for “high end” shops in Hitchin.  Even at this early stage, the consultants considered that there was a scheme that could be developed which made financial sense and delivered the significant social benefit of improving Hitchin Town Centre for all retailers, the market and residents.

The Executive Member for Finance and IT had heard all that had been said about the market by the public speakers earlier in the meeting, and stressed again that the Council recognised the value of Hitchin Market, but just as the retail environment was changing, so was the way in which markets operated.  Any visit to other towns like Hitchin showed that the types of markets operating in those towns were not the same type of market that currently operated in Hitchin.  This was in no way denigrating the current operators and stallholders of Hitchin Market, but the Council’s belief (supported by considerable evidence) was that the nature of markets was changing and because of that, significant work would be needed on the infrastructure  ...  view the full minutes text for item 72.

RESOLVED:

(1)        That the expected Central Government funding levels be noted;

(2)        That the estimated position on the Collection Fund and how this will be funded be noted;

(3)        That a 2.99% increase in Council Tax for 2018/19 be approved;

(4)        That the position relating to the General Fund reserve be noted and, that due to the risks identified, a minimum balance of £2.15 million is recommended;

(5)        That the reduction in the 2017/18 working budget of £682,000 be approved, and the expected impact in 2018/19 of a £82,000 reduction in budget be noted;

(6)        That the requests for the carry-forward of budgets that total £198,000 from 2017/18 to 2018/19 be noted, subject to further review of the carry forward relating to Area Committee Budgets at the end of the 2017/18 Financial Year;

(7)        That the inclusion of the efficiencies and investment proposals, as set out at Appendix 2 to the report, in the General Fund budget estimates for 2018/19 be approved, subject to the following amendments:

·           Efficiency E9 (Cessation of Area Committee Grants) – amendment to show a 30% reduction in grants available to Area Committee;

·           Efficiency E16 (Apprenticeship Scheme) – to be removed from the list of efficiency savings;

·           Efficiency E20 (Waste Contract Lot 2 Award) – removal from the list for 2018/19 as it was expected that the savings attributable to this item would be zero;

(8)       That the amendments to previously agreed efficiencies, as detailed in Paragraph 8.5.3 and Table 8 of the report, be approved;   

(9)       That the proposal that any revenue savings arising from the capitalisation of waste vehicle costs are transferred to a specific reserve be noted;

(10)      That the savings targets for future years be noted;

(11)      That the estimated 2018/19 net expenditure of £14.6Million, as detailed in Appendix 1 to the report, as amended, be approved;

(12)      That the Parish and Town Council precepts of £1,095,531 be noted; and

(13)      That total District Council Tax Requirement is £12,071,060 be noted and that this figure be approved for inclusion in the Council Tax Resolution.

REASON FOR DECISION:  To ensure that all relevant factors are taken into consideration when arriving at the proposed Council Tax precept for 2018/19; and to ensure that a balanced budget is agreed.

The Council considered the Minute of the meeting of the Cabinet held on 23 January 2018, in respect of the Draft Revenue Budget 2018/19 (Minute 83 refers).  A copy of the report and addendum report considered by the Cabinet was included with the agenda, as were the following appendices:

Appendix A – Budget Summary 2018/19 - 2021/22;

Appendix B – Revenue Efficiency and Investment proposals; and

Appendix C – Budget Risks for 2018/19.

The Council had been provided with a further addendum report, tabled at the meeting, which detailed the Parish and Town Council precepts for 2018/19 and the total District Council Tax requirement for 2018/19.

Prior to the consideration of the Draft Revenue Budget for 2018/19, the Leader of the Council (Councillor Lynda Needham) and the Executive Member for Finance and IT (Councillor Julian Cunningham) presented a Budget Speech.

These documents are reproduced at Appendices A and B to these Minutes.

It was moved by Councillor Julian Cunningham, and seconded by Councillor Lynda Needham, that the recommendations contained in the Cabinet referral and the addendum report tabled at the meeting be approved.

The Finance Spokesperson of the Labour Group (Councillor Ian Albert) and representative of the Liberal Democrat Group (Councillor Steve Jarvis) gave responses to the speeches made by the Leader of the Council and the Cabinet Executive Member for Finance and IT.

As an amendment, it was moved by Councillor Martin Stears-Handscomb, and seconded by Councillor Clare Billing, that the following new Recommendation (6) be added, with renumbering accordingly:

“(6)      That Council regrets that the financial decisions on the scope and funding arrangements of the Waste and Recycling contract, which have such a major impact on this budget, were not decided by full council. It agrees to make such changes as necessary to its constitution and delegation arrangements to ensure that all such decisions are taken by full council in future.”

Following a point of order raised as to acceptability of this amendment, the Deputy Monitoring Officer referred to Paragraph 4.8.14 of the Council’s Constitution stated that amendments to motions should be relevant to the motion itself.  Given that the above amendment sought to deal with future Council decisions, he was of the view that it was not relevant to the motion, but was in fact a new motion rather than an amendment.  He added that, in any event, major changes to the delivery of Council services would usually be made by way of a “Key Decision”, and legally such decisions were required to be taken by the Council’s Cabinet.  Therefore, the proposed amendment, if approved, would amount to a change in the Constitution which would be unlawful.  For the above reasons, he concluded that the proposed amendment would not be permissible.

As a further amendment, it was moved by Councillor Ian Albert, and seconded by Councillor Martin Stears-Handscomb, that the following new Recommendation (6) onwards be added, with renumbering accordingly:

“(6)      That the proposals to remove play equipment from nine town play areas be put on  ...  view the full minutes text for item 73.

RESOLVED:

(1)        That the inclusion in the proposed Capital Programme of all the new Capital Investment proposals listed in Appendix C to the report, totalling £3.274Million overall (£1.931Million profiled in 2018/19) be approved; and

(2)        That the provisional Capital Programme for 2018/19 to 2021/22 of £17.075Million, as detailed in Appendices A and B to the report, be adopted.

REASON FOR DECISION: To ensure that the Capital Programme meets the Council’s objectives and that officers can plan the implementation of the approved schemes.

The Council considered the Minute of the meeting of the Cabinet held on 23 January 2018, in respect of the Capital Programme – 2018/19 Onwards (Minute 84 refers).  A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices:

Appendix A – Capital Programme Summary;

Appendix B – Capital Programme Detail; and

Appendix C – Capital Investment Proposals for 2018/19 and onwards.

It was moved by Councillor Julian Cunningham, and seconded by Councillor Lynda Needham, that the recommendations contained in the report be approved.

In the light of the outcome of the amendment on the Draft Revenue Budget 2018/19 item concerning Play Areas (see Minute 73 above), Councillor Martin Stears-Handscomb withdrew the tabled amendment on the same matter in relation to the Capital Programme 2018/19 onwards.

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

RESOLVED:

(1)        That the inclusion in the proposed Capital Programme of all the new Capital Investment proposals listed in Appendix C to the report, totalling £3.274Million overall (£1.931Million profiled in 2018/19) be approved; and

(2)        That the provisional Capital Programme for 2018/19 to 2021/22 of £17.075Million, as detailed in Appendices A and B to the report, be adopted.

REASON FOR DECISION: To ensure that the Capital Programme meets the Council’s objectives and that officers can plan the implementation of the approved schemes.

RESOLVED:  That the 2018/19 Treasury Strategy Statement, as attached at Appendix C to the report, be adopted.

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.

The Council considered the Minute of the meeting of the Cabinet held on 23 January 2018, in respect of the proposed Treasury Management Strategy for 2018/19 (Minute 85 refers).  A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices:

Appendix A – Treasury Management Policy Statement;

Appendix B – Treasury Management Practices; and

Appendix C – Treasury Strategy Statement.

It was moved by Councillor Julian Cunningham, seconded by Councillor Lynda and upon being put to the vote, it was

RESOLVED:  That the 2018/19 Treasury Strategy Statement, as attached at Appendix C to the report, be adopted.

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.

REPORT OF THE CORPORATE HUMAN RESOURCES MANAGER

RESOLVED:

(1)          That the Pay Policy Statement 2018/19, as attached at Appendix 1 to the report, be endorsed; and

(2)          That the Corporate Human Resources Manager, in consultation with the Leader of the Council, be delegated authority to agree subsequent revisions to the Pay Policy Statement, such as subsequent pay awards agreed nationally and new legislative requirements, as outlined in Paragraph 3.8 of the Policy Statement at Appendix 1.

REASON FOR DECISION: To comply with the requirements of Section 38 of the Localism Act 2011, statutory guidance issued under Section 40 and the Local Government Transparency Codes 2014 and 2015.

The Leader of the Council (Councillor Lynda Needham) presented the report of the Corporate Human Resources Manager in respect of the Pay Policy Statement 2018/19.  The following appendix was submitted with the report:

Appendix 1 – North Herts District Council Draft Pay Policy Statement 2018/19.

The Leader of the Council advised that the Localism Act 2011 required the Council to approve, on an annual basis, a Pay Policy Statement. The suggested contents of the statement were set out in guidance issued under Section 40 of the Act, the Local Government Transparency Code 2015 and the Enterprise Act 2016.

The Leader of the Council explained that, whilst the guidance primarily required Councils to set out the policy in relation to senior pay, it was important to understand that NHDC‘s existing Pay Policy, adopted in 2004, did not differentiate between senior staff and others.  Thus, the existing and draft NHDC Pay Policy Statement went beyond that which was required to be published in accordance with paragraph 31 of the guidance.

The Leader of the Council stated that, since the adoption of the first Pay Policy Statement in March 2012, supplementary guidance had been issued by the Secretary of State and this was described further in paragraph 8.2 of the report.

The Leader of the Council commented that the Pay Policy Statement, along with other information on senior salaries (already published in accordance with the Accounts & Audit Regulations 2015 and the Local Government Transparency Code 2015), must be published as soon as reasonably practical on the Council’s website.

The Leader of the Council advised that the Local Government Transparency Code 2015 required, inter alia, the publication of the pay multiple between the highest earning and the median earnings of the whole of the workforce. The Council had, however, included this information in all of the previous Pay Policy Statements in the interests of transparency.

The Leader of the Council concluded by outlining the main changes from the 2017/18 Pay Policy Statement, as follows:

·           Pay Comparisons referred to in the Pay Policy Statement (Appendix 1, Paragraph 2.5);

·           Details of the pay offer for 2018/19 set out in the Pay Policy Statement (Appendix 1, Paragraph 2.6);

·           An update on the Public Sector Exit Payment Regulations 2016 (Appendix 1, Paragraphs 3.12 and 3.13); and

·           Proposed changes to the Council’s Senior Manager structure that were set to be implemented during the first quarter of 2018/19, set out in the Pay Policy Statement (Appendix 1, Paragraph 3.5).

It was moved by Councillor Lynda Needham, and seconded by Councillor Julian Cunningham, that the recommendations contained in the report be approved.

Upon the motion being put to the vote, it was

RESOLVED:

(1)          That the Pay Policy Statement 2018/19, as attached at Appendix 1 to the report, be endorsed; and

(2)          That the Corporate Human Resources Manager, in consultation with the Leader of the Council, be delegated authority to agree subsequent revisions to the Pay Policy Statement, such as subsequent pay awards agreed nationally and new legislative requirements, as outlined  ...  view the full minutes text for item 76.

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

Members submitted questions in the following:

North Hertfordshire Local Plan Examination

North Hertfordshire Local Plan Examination

In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Steve Jarvis to Councillor David Levett (Executive Member for Planning and Enterprise):

“In the light of the extended timescales of the Local Plan Examination in Public and the level of scrutiny by the Inspector do you expect that Main Modifications to the plan will be required?”

Councillor Levett replied that he did expect that Main Modifications to the Local Plan as a result of the Examination would be required.

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

There were no notices of motion.

There were no notices of motion.

To consider passing the following resolution:

That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following reports will involve the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A of the said Act.

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).

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).

REPORT OF THE DEPUTY CHIEF EXECUTIVE

[Note: this item was considered before Minute 72]

RESOLVED:  That the information contained within the report be noted.

REASON FOR DECISION:  progress the potential regeneration of the Churchgate Shopping Centre in Hitchin.

[Note: this item was considered before Minute 72]

The Council considered the Part 2 report of the Deputy Chief Executive in respect of the Regeneration of Churchgate Shopping Centre.  The following appendix was submitted with the report:

Appendix A – Report of BNP Paribas Real Estate.

It was moved by Councillor Julian Cunningham, and seconded by Councillor Lynda Needham, that the information contained within the report be noted.

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

RESOLVED:  That the information contained within the report be noted.

REASON FOR DECISION:  progress the potential regeneration of the Churchgate Shopping Centre in Hitchin.