Agenda, decisions and minutes

The Chair welcomed everyone to this virtual Council meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online. There was also the opportunity for the public and press to listen and view proceedings.

The Committee, Member and Scrutiny Manager undertook a roll call to ensure that all Members and Officers could hear and be heard and gave advice regarding the following:

·                Live Streaming;

·                Noise Interference;

·                Rules of Debate;

·                Voting;

·                Part 2 Items.

The Chair of the Council, Councillor Terry Tyler started the meeting proper.

Audio Recording – 20 seconds

The Chair welcomed everyone to this virtual Council meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online. There was also the opportunity for the public and press to listen and view proceedings.

The Chair invited the Committee, Member and Scrutiny Manager to explain how proceedings would work and to confirm that Members and Officers were in attendance.

The Committee, Member and Scrutiny Manager undertook a roll call to ensure that all Members and Officers could hear and be heard and gave advice regarding the following:

The meeting was being streamed live on the Council’s You Tube channel and also recorded via Zoom. If live streaming failed the meeting would adjourn. If the live stream could not be restored within a reasonable period then the remaining business would be considered at a later date.

Please stay in view of the camera at all times.

If for any reason the meeting was not quorate an Officer would notify attendees by interjecting the meeting. The meeting would adjourn immediately. Once the meeting was quorate the meeting would resume.  If connection could not be restored within a reasonable period, then the remaining business would be considered at a later date.

If a remote Member lost connection the Chair may adjourn the meeting for a short period to enable connection to be re-established. If the Chair did not adjourn the meeting the Member would be deemed to have left the meeting at the point of failure and be deemed to have returned at the point of re-establishment. Only Members present for the entirety of debate and consideration of an item were entitled to vote.

Noise emitting devices should be muted and the mute button on the tablet or computer should be activated when not speaking.

If a Member wished to speak they should use the raise hand button and microphones would need to be unmuted before speaking.

If a Member had a closure motion, personal explanation or point of order, please interject the meeting and wait for the Chair to invite you to speak.

When requested to vote, voting would be via the Green tick for “Yes”, Red Cross for “No” and Blue Raise Hand for “abstain” functions. To enable the votes to be counted, votes should not be cleared until requested to do so .

The Chair of the Council, Councillor Terry Tyler started the meeting proper.

Apologies for absence were received from Councillors David Barnard, Judi Billing, John Bishop. Steve Deakin-Davies, Faye Frost, Gerald Morris, Val Shanley and Kay Tart.

Councillor Albert advised that Councillor Barnard’s wife was seriously ill and asked that the Council’s best wishes for a speedy recovery be placed on record.

Audio recording – 7 minutes 29 seconds

Apologies for absence were received from Councillors David Barnard, Judi Billing, John Bishop. Steve Deakin-Davies, Faye Frost, Gerald Morris, Val Shanley and Kay Tart.

Councillor Albert advised that Councillor Barnard’s wife was seriously ill and asked that the Council’s best wishes for a speedy recovery be placed on record.

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 – 8 minutes 27 seconds

There was no other business notified.

Climate Emergency

Members are reminded that this Council has declared a Climate Emergency. This is a serious decision and means that, as this is an emergency, all of us, officers and Members have that in mind as we carry out our various roles and tasks for the benefit of our District.

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)       Mayor of Hertsmere – Councillor Cynthia Barker

It was with great sadness that the Chair announced that the Mayor of Hertsmere, Councillor Cynthia Barker, passed away earlier this month.

A minutes silence was held in her memory.

(2)       Audio Recording

The Chair announced that, in accordance with Council policy, this meeting was being audio recorded as well as filmed. The audio recordings would be available to view on Mod.gov and the film recording via the NHDC Youtube channel.

(3)       Climate Emergency

Members were reminded that this Council had declared a Climate Emergency.  This was a serious decision and meant that, as this was 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.

(4)       Long Service

The Chair advised that there were three acknowledgements of long Service. All of these officers were present at the meeting:

·                Louise Symes:

·                Aimee Jarmain:

·                Ros Allwood.

The Chair, Councillor Martin Stears-Handscomb, Councillor Paul Clark and Councillor David Levett paid tribute to each of the officers.

The Chair proposed, Councillor Martin Stears-Handscomb seconded and it was:

RESOLVED: That the Council place on record its sincere thanks and appreciation to Louise Symes, Aimee Jarmain and Ros Allwood for their long and valuable service to Local Government.

Ros Allwood thanked the Chair and the Council and asked all Members to visit the North Herts Museum.

(5)       Declarations of Interest

Members were reminded to make declarations of interest before an item, the detailed reminder about this and speaking rights was set out under Chair’s Announcements on the agenda.

(6)       Rules of Debate

The Chair reminded Members that the normal procedure rules in respect of debate and times to speak would apply.

(7)       Comfort Break

If the meeting was still in progress at 9pm, a comfort break would be called at an appropriate place.

(8)     Order of Business

There were two referrals from Cabinet that included Part 2 reports - 5 b and c. These would be taken at the end of the meeting.

In addition Item 8 would be taken immediately after Item 4.

Audio recording – 9 minutes 49 seconds

(1)       Mayor of Hertsmere – Councillor Cynthia Barker

It was with great sadness that the Chair announced that the Mayor of Hertsmere, Councillor Cynthia Barker, passed away earlier this month.

A minutes silence was held in her memory.

(2)       Audio Recording

The Chair announced that, in accordance with Council policy, this meeting was being audio recorded as well as filmed. The audio recordings would be available to view on Mod.gov and the film recording via the NHDC Youtube channel.

(3)       Climate Emergency

Members were reminded that this Council had declared a Climate Emergency.  This was a serious decision and meant that, as this was 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.

(4)       Long Service

The Chair advised that there were three acknowledgements of long Service. All of these officers were present at the meeting.

Louise Symes

Louise started with the Council as a policy planner in January 1995 having recently emigrated from Durban in South Africa where she worked as a planner for the south African Government.

Louise began as Principal Planning Officer in 2001 and took on the role of Projects Manager in 2005.

From 2000 to 2013 Louise was involved in preparing town centre strategies, and planning briefs and as well as being involved in the delivery of various town centre enhancement schemes which Members will be aware included Sun Street in Hitchin, Baldock High Street and Fish Hill Square in Royston.

Louise was instrumental in the Council winning a National Award for the Baldock High Street Project, the Horticultural Landscape and Amenity Award in 2009 under the Category Best Commercial Project. The Scheme was also awarded a certificate of Special Recognition at the 2010 National Civic Trust awards.

Louise has also been involved in the project to develop the Churchgate centre since 1999.

Louise became the Strategic Planning & Projects Manager in 2012 and has been involved in the Council’s Local Plan submission.

In her current role as Strategic Infrastructure & Projects Manager, Louise took on the role of Parking – which she sees as a new and interesting challenge particularly with changes in technology.

The Chair congratulated and thanked Louise for her service to the Council.

Aimee Jarmain

From humble beginnings in Leisure Services, as a support assistant for parks and gardens, Aimee then joined the Revenues & Benefits department a year later as a benefits officer. Shortly after attaining her IRRV Technical qualification, Aimee became a Senior Benefits Officer and managed a team of benefit officers responsible for front line benefit services.

In the latter part of 2003, Aimee joined the Technical Team within Revenues & Benefits department as a Senior Technical officer, responsible for monitoring and management of the benefit subsidy grant. Placing context on this, Aimee has overseen over £542 million in central government subsidies to date.

Aimee has dedicated her career to proving much needed support for others, the  ...  view the full minutes text for item 36.

To receive petitions, comments and questions from the public.

There were no presentations by members of the public.

Audio recording – 28 minutes 26 seconds

There were no presentations by members of the public.

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

5a      Item Referred from Cabinet: 21 July 2020 - Risk Management Update

RESOLVED: That the Annual Report on Risk Management be noted.

REASON FOR DECISION: To enable Council to consider recommendations made by Cabinet.

5b      Item Referred from Cabinet: 21 July 2020 - Covid-19 Financial Impacts

This referral was considered following consideration of the Part 2 report of the same name.

RESOLVED:

(1)       That Council notes the forecast impact of Covid-19 in comparison to available reserves and confirms that these reserves will be used to fund the impact. This means that an emergency budget is not required;

(2)       That Council approves that £350k is added to the Capital Programme for the resurfacing of the top deck of the Lairage Car Park, Hitchin;

(3)       That Council approves an addition to the Investment Strategy that would allow the Council to provide a loan to Hertfordshire Building Control of £65k, if it is required.

REASON FOR DECISION: To ensure that the financial impacts of Covid-19 are recognised and make the necessary changes to allow the Council to manage its budgets.

5c      Item Referred from Cabinet: 21 July 2020 - Covid-19 Leisure Contracts Recovery

This referral was considered following consideration of the Part 2 report of the same name

Prior to the item being considered Councillor Claire Strong declared a declarable interest in that she was a member of Archers, Hitchin which was operated by SLL. She advised that she would not take part in the debate or vote.

Prior to the item being considered Councillor Jim McNally declared a declarable interest in that he was a member of North Herts Leisure Centre which was operated by SLL. He advised that he would not take part in the debate or vote.

Councillor Simon Harwood called for a recorded vote.

RESOLVED: To provide financial support to Stevenage Leisure Limited (SLL) on an Open Book basis from 20 March 2020 up to at least 31 March 2021. The support provided would only cover losses relating to the Council’s contracts, and will not cover central overheads. SLL would be required to take all reasonable actions to minimise the value of any losses. The actual value of the support required will depend on SLLs income recovery but will be capped at a maximum of £1.8m.

REASON FOR DECISION: To seek approval for the SLL recovery plan and a phased approach toward recovery allowing flexibility through delegation, to ensure business continuity for the leisure contracts and for them to survive beyond the COVID-19 pandemic.

The votes recorded were:

For:

Councillors: Ian Albert, Daniel Allen, Kate Aspinwall, Clare Billing, Ruth Brown, Val Bryant, Paul Clark, Sam Collins, Bill Davidson, Elizabeth Dennis-Harburg, Gary Grindal, Keith Hoskins, Mike Hughson, Steve Jarvis, Ian Mantle, Lisa Nash, Sue Ngwala, Helen Oliver, Sean Prendergast, Adem Ruggerio-Cakir, Carol Stanier, Martin Stears-Handscomb, Terry Tyler and Tom Tyson.

Total: 24

Against:

Councillors: George Davies, Morgan Derbyshire, Jean Green, Simon Harwood, Terry Hone, Tony Hunter, David Levett, Ian Moody, Michael Muir, Mike  ...  view the full decision text for item 38.

5a      Item Referred from Cabinet: 21 July 2020 - Risk Management Update

Audio recording – 32 minutes 47 seconds

The Executive Member for Finance and IT presented the referral from Cabinet regarding Risk Management Update.

Councillor Ian Albert proposed, Councillor Martin Stears-Handscomb seconded and it was:

RESOLVED: That the Annual Report on Risk Management be noted.

REASON FOR DECISION: To enable Council to consider recommendations made by Cabinet.

5b     Item Referred from Cabinet: 21 July 2020 - Covid-19 Financial Impacts

Audio recording – 3 hours 19 minutes 4 seconds

The Committee, Member and Scrutiny Manager undertook a roll call of Members and Officers to ensure that they could hear and be heard.

This referral was considered following consideration of the Part 2 report of the same name.

The Executive Member for Finance and IT presented the referral from Cabinet regarding Covid-19 Financial Impacts.

Councillor Ian Albert propose, Councillor Martin Stears-Handscomb seconded and it was:

RESOLVED:

(1)       That Council notes the forecast impact of Covid-19 in comparison to available reserves and confirms that these reserves will be used to fund the impact. This means that an emergency budget is not required;

(2)       That Council approves that £350k is added to the Capital Programme for the resurfacing of the top deck of the Lairage Car Park, Hitchin;

(3)       That Council approves an addition to the Investment Strategy that would allow the Council to provide a loan to Hertfordshire Building Control of £65k, if it is required.

REASON FOR DECISION: To ensure that the financial impacts of Covid-19 are recognised and make the necessary changes to allow the Council to manage its budgets.

5c      Item Referred from Cabinet: 21 July 2020 - Covid-19 Leisure Contracts Recovery

Audio recording – 3 hours 24 minutes 56 seconds

This referral was considered following consideration of the Part 2 report of the same name

Prior to the item being considered Councillor Claire Strong declared a declarable interest in that she was a member of Archers, Hitchin which was operated by SLL. She advised that she would not take part in the debate or vote.

Prior to the item being considered Councillor Jim McNally declared a declarable interest in that he was a member of North Herts Leisure Centre which was operated by SLL. He advised that he would not take part in the debate or vote.

The Executive Member for Environment and Leisure presented the referral from Cabinet regarding Covid-19 Leisure Contracts Recovery.

The following Member asked questions:

·                Councillor Richard Thake.

The Service Director – Legal and Community and the Leader of the Council responded to the questions asked.

Councillor Simon Harwood called for a recorded vote.

Councillor Steve Jarvis proposed, Councillor Martin Stears-Handscomb seconded and following a recorded vote it was:

RESOLVED: To provide financial support to Stevenage Leisure Limited (SLL) on an Open Book basis from 20 March 2020 up to at least 31 March 2021. The support provided would only cover losses relating to the Council’s contracts, and will not cover central overheads. SLL  ...  view the full minutes text for item 38.

REPORT OF THE SERVICE DIRECTOR LEGAL AND COMMUNITY AND MONITORING OFFICER

This report seeks approval to change to having an IP and two Reserve IPs, rather than an IP, a Deputy IP and a Deputy Reserve IP. It seeks to end the appointment of Stephen Bubb (no longer a Broxbourne IP), and to appoint John Richardson as a Reserve IP. It also seeks approval for the confirmation of continuing appointment of Nicholas Moss (as IP) and Peter Chapman (as ResIP). All appointments to be for a period of up to 4 years (two years and potential extension for a further two years).

Councillor North asked for each recommendation to be voted upon separately.

Councillor David Levett called for recorded votes.

Following discussion it was agreed that one vote would be taken in respect of recommendations 2.1, 2.3 and 2.4, with a second vote being taken regarding recommendation 2.2.

Following recorded votes it was:

RESOLVED:

(1)       That John Richardson be appointed as Reserve Independent Person;

(2)       That the continuing appointment of Nicholas Moss as Independent Person and Peter Chapman Reserve Independent Person be confirmed;

Appointments under (1) and (2) be on the basis of a fixed term of up to 4 years (two-years, with delegation to the Monitoring Officer in consultation with the Chair/ Vice Chair of Standards Committee to extend for a further two years.

(3)       That the appointment of Stephen Bubb as Deputy Reserve Independent Person be ceased.

(4)       That it be delegated to the Monitoring Officer in consultation with the Chair/Vice Chair of Standards Committee the decision (in the event that the current Independent Person decides within term not to continue/ no longer qualifies), to appoint one of the existing Reserve Independent Persons as the Independent Person and/ or to undertake any further recruitment as may be required.

REASON FOR DECISION: To ensure that the Council’s Standards processes can operate in accordance with legislative requirements in the event that one or both of the IP and ResIP are unable to advise on a matter. The recommendation on term is one that reflects the Committee on Standards in Public Life’s (CSPL) recommendation. This should also allow for a degree of succession planning/ training whilst experienced persons are in place.

The recorded votes were as follows:

Resolutions (1), (3) and (4)

For:

Councillors: Ian Albert, Daniel Allen, Clare Billing, Ruth Brown, Val Bryant, Paul Clark, Sam Collins, George Davies, Elizabeth Dennis-Harburg, Morgan Derbyshire. Jean Green, Gary Grindal, Simon Harwood, Terry Hone, Keith Hoskins, Mike Hughson, Tony Hunter, Steve Jarvis, David Levett, Ian Mantle, Jim McNally, Ian Moody, Michael Muir, Lisa Nash, Sue Ngwala, Sam North, Helen Oliver, Sean Prendergast, Mike Rice, Adem Ruggerio-Cakir, Carol Stanier, Martin Stears-Handscomb, Claire Strong, Richard Thake. Terry Tyler, Tom Tyson and Michael Weeks.

Total: 37

Against:

Total: 0

Abstain:

Councillor Bill Davidson.

Total: 1

Resolution (2)

For:

Councillors: Ian Albert, Daniel Allen, Clare Billing, Ruth Brown, Val Bryant, Paul Clark, Bill Davidson, George Davies, Elizabeth Dennis-Harburg, Morgan Derbyshire. Jean Green, Gary Grindal, Simon Harwood, Terry Hone, Keith Hoskins, Mike Hughson, Tony Hunter, Steve Jarvis, David Levett, Ian Mantle, Jim McNally, Ian Moody, Michael Muir, Lisa Nash, Sue Ngwala, Helen Oliver, Sean Prendergast, Mike Rice, Adem Ruggerio-Cakir, Carol Stanier, Martin Stears-Handscomb, Claire Strong, Richard Thake. Terry Tyler, Tom Tyson and Michael Weeks.

Total: 36

Against:

Total: 0

Abstain:

Councillors: Sam Collins and Sam North

Total: 2

Audio recording – 54 minutes 52 seconds

Councillor Ruth Brown, Vice-Chair of the Standards Committee presented the report entitled Appointment of Reserve Independent Person (& Confirmation of Existing Appointments together with the following appendix:

·                Appendix A - Selection Criteria.

The following Members took part in the debate:

·                Councillor Sam North;

·                Councillor David Levett;

·                Councillor Paul Clark;

·                Councillor Michael Weeks;

·                Councillor Sam Collins;

·                Councillor Ruth Brown;

·                Councillor Simon Harwood.

Member comments included:

·                That the requirement for Independent and Reserve Independent Persons to live in the District should be relaxed in future.

The Service Director – Legal and Community and Monitoring Officer reiterated that if appointment were not confirmed, it would leave the Council with only one untrained person, which would place the Council in a difficult position.

Councillor Ruth Brown proposed the recommendations and Councillor Martin Stears-Handscomb seconded.

Councillor North asked for each recommendation to be voted upon separately.

Councillor David Levett called for recorded votes.

Following discussion it was agreed that one vote would be taken in respect of recommendations 2.1, 2.3 and 2.4, with a second vote being taken regarding recommendation 2.2.

Following recorded votes it was:

RESOLVED:

(1)       That John Richardson be appointed as Reserve Independent Person;

(2)       That the continuing appointment of Nicholas Moss as Independent Person and Peter Chapman Reserve Independent Person be confirmed;

Appointments under (1) and (2) be on the basis of a fixed term of up to 4 years (two-years, with delegation to the Monitoring Officer in consultation with the Chair/ Vice Chair of Standards Committee to extend for a further two years.

(3)       That the appointment of Stephen Bubb as Deputy Reserve Independent Person be ceased.

(4)       That it be delegated to the Monitoring Officer in consultation with the Chair/Vice Chair of Standards Committee the decision (in the event that the current Independent Person decides within term not to continue/ no longer qualifies), to appoint one of the existing Reserve Independent Persons as the Independent Person and/ or to undertake any further recruitment as may be required.

REASON FOR DECISION: To ensure that the Council’s Standards processes can operate in accordance with legislative requirements in the event that one or both of the IP and ResIP are unable to advise on a matter. The recommendation on term is one that reflects the Committee on Standards in Public Life’s (CSPL) recommendation. This should also allow for a degree of succession planning/ training whilst experienced persons are in place.

The recorded votes were as follows:

Resolutions (1), (3) and (4)

For:

Councillors: Ian Albert, Daniel Allen, Clare Billing, Ruth Brown, Val Bryant, Paul Clark, Sam Collins, George Davies, Elizabeth Dennis-Harburg, Morgan Derbyshire. Jean Green, Gary Grindal, Simon Harwood, Terry Hone, Keith Hoskins, Mike Hughson, Tony Hunter, Steve Jarvis, David Levett, Ian Mantle, Jim McNally, Ian Moody, Michael Muir, Lisa Nash, Sue Ngwala, Sam North, Helen Oliver, Sean Prendergast, Mike Rice, Adem Ruggerio-Cakir, Carol Stanier, Martin Stears-Handscomb, Claire Strong, Richard Thake. Terry Tyler, Tom Tyson and Michael Weeks.  ...  view the full minutes text for item 39.

REPORT OF THE SERVICE DIRECTOR: LEGAL AND COMMUNITY/ MONITORING OFFICER

For Full Council to confirm the appointment of the co-optee(s) to the Standards Committee.

Prior to consideration the item Councillor Richard Thake declared a declarable interest in that one on of the potential appointees was a family  friend. He advised that he would not take part in the debate or vote, however would remain in the meeting.

RESOLVED: That the co-optee appointment(s) to the Standards Committee, as set out in appendix A, be confirmed.

REASON FOR DECISION: The terms of reference for Standards Committee provide for up to four (minimum two) non-voting co-optees from Parish/ Town or Community Councils. There are currently three vacancies.

Audio Recording – 1 hour 20 minutes 14 seconds

Prior to consideration the item Councillor Richard Thake declared a declarable interest in that one on of the potential appointees was a family  friend. He advised that he would not take part in the debate or vote, however would remain in the meeting.

Councillor Ruth Brown, Vice-Chair of the Standards Committee, presented the report entitled Appointment of Parish, Town Representatives to Standards Committee together with the following appendices:

·                Appendix A - Recommended Appointees;

·                Appendix B - Selection Criteria.

Councillor Ruth Brown proposed, Councillor Martins Stears-Handscomb seconded and it was:

RESOLVED: That the co-optee appointment(s) to the Standards Committee (set out in the appendix A be confirmed.

REASON FOR DECISION: The terms of reference for Standards Committee provide for up to four (minimum two) non-voting co-optees from Parish/ Town or Community Councils. There are currently three vacancies.

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY

To obtain Council’s endorsement of an updated Member and Officer Indemnity Policy.

RESOLVED:

(1)       That amendments to the adopted Officer/ Member Indemnity & Insurance Policy be authorised.

(2)       That the Returning Officer (RO) / Electoral Registration Officer (ERO) be granted an indemnity, under the provisions of the Local Authority (Indemnity for Members and Officers) Order 2004, to cover as far as the law allows, for any uninsured personal liability arising from the appointments.

(3)       That in the case of fines which exceed £100k in relation to the RO/ERO post, which are not insurable, are not subject to referral to Full Council for consideration (except for 7(1) of the Policy).

REASON FOR DECISIONS:

(1)       Under Delegated Decision on 12 October 2017, the Policy approved by Full Council on the 18th day of July 2013 was amended and approved. The Policy needed to be reviewed and amended slightly to reflect current insurance arrangements and the Council’s requirements in compliance with the Data Protection Act 2018.

(2)       The Council should have an up to date Policy, in the event of legal action that arises when Officers and Members carry out official Council duties.

Audio recording – 28 minutes 32 seconds

The Executive Member for Finance and IT presented the report entitled Member and Officer Indemnity together with the following appendices:

·                Member and Officer Indemnity – Addendum;

·                Appendix A - Member and Officer Indemnity (with tracked changes).

Councillor Ian Albert proposed, Councillor Martin Stears-Handscomb seconded and it was:

RESOLVED:

(1)       That amendments to the adopted Officer/ Member Indemnity & Insurance Policy be authorised.

(2)       That the Returning Officer (RO) / Electoral Registration Officer (ERO) be granted an indemnity, under the provisions of the Local Authority (Indemnity for Members and Officers) Order 2004, to cover as far as the law allows, for any uninsured personal liability arising from the appointments.

(3)       That in the case of fines which exceed £100k in relation to the RO/ERO post, which are not insurable, are not subject to referral to Full Council for consideration (except for 7(1) of the Policy).

REASON FOR DECISIONS:

(1)       Under Delegated Decision on 12 October 2017, the Policy approved by Full Council on the 18th day of July 2013 was amended and approved. The Policy needed to be reviewed and amended slightly to reflect current insurance arrangements and the Council’s requirements in compliance with the Data Protection Act 2018.

(2)       The Council should have an up to date Policy, in the event of legal action that arises when Officers and Members carry out official Council duties.

REPORT OF THE CHAIR OF THE OVERVIEW AND SCRUTINY COMMITTEE 2019/20

To consider the Annual Report of the Overview and Scrutiny Committee 2019/20

NB: A comfort break was taken at 8.54 pm

The meeting resumed at 9.00pm

The Committee Member and Scrutiny Manager undertook a roll call of Members and Officers to ensure they could hear and be heard.

RESOLVED: That the Annual Report of the Overview and Scrutiny Committee 2019 – 2020, as attached at Appendix A, be noted.

REASON FOR DECISION: To enable Annual Council to consider the report of the Chair of the Overview and Scrutiny Committee regarding the work of that Committee in the 2019/20 Civic Year.

NB: A comfort break was taken at 8.54 pm

The meeting resumed at 9.00pm

Audio recording – 1 hour 30 minutes 28 seconds

The Committee Member and Scrutiny Manager undertook a roll call of Members and Officers to ensure they could hear and be heard.

Councillor David Levett, Chair of the Overview and Scrutiny Committee presented the report entitled Annual Report of the Overview and Scrutiny Committee 2019/20 together with the following appendix:

·                Appendix A – Annual Report of the Overview and Scrutiny Committee for 2019/20.

Councillor David Levett proposed, Councillor Kate Aspinwall seconded and it was:

RESOLVED: That the Annual Report of the Overview and Scrutiny Committee 2019 - 2020 as attached at Appendix A be noted.

REASON FOR DECISION: To enable Annual Council to consider the report of the Chair of the Overview and Scrutiny Committee regarding the work of that Committee in the 2019/20 Civic Year.

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(b), three questions were submitted by Members by the deadline date for questions set out in the Council’s Constitution regarding the following:

(A)     Direct Debit take up for Garden Waste Collection Service;

(B)     Council Special Reserve Fund;

(C)     Splash Parks.

Audio recording – 1 hour 43 seconds

In accordance with Standing Order 4.8.11(b), three questions were submitted by Members by the deadline date for questions set out in the Council’s Constitution.

(A)     Direct Debit take up for Garden Waste Collection Service

Councillor David Levett to Councillor Elizabeth Dennis-Harburg (Executive Member for Recycling and Waste).

“What percentage of direct debit has been taken up by our residents for garden waste collection this year, now operational?”

The Executive Member for Recycling and Waste responded:

At the moment, because we are not at the official start date of the new subscription period, which is 1 October, the data is still quite fresh and fluctuating quite rapidly. From the data they have been able to access there have been 700 people signed up via direct debit.

The total number of people who have subscribed for the coming year was 17000. At the moment direct debit was quite a small percentage of total sign ups. We are going to do a wider exercise of digging into the data and understanding what our residents want around direct debits or to just click and pay every year as their needs dictate. Now we are in the final week before the new subscription starts we are starting to see an increase in the daily subscriber numbers, especially now we have started running the social media campaigns. If you check back in a couple of weeks time, I will be able to give a bit more data around percentages and different customer types and which brackets they are fitting in.

Councillor David Levett asked the following supplementary question:

Bearing in mind that the direct debit number is a very small percentage, do you believe that this could be down to the problems for members of the public setting up direct debits with Urbaser, which many of us have had reports of. Also having reports of difficulty making payments and getting through. Also many people seem to have received two bin stickers which is causing some concern. Do you believe that impacts on the way that people are subscribing?

The Executive Member for Recycling and Waste Management responded:

At this point in time it is too early for us to know for certain the reason why we have seen a relatively small number of our customer base opting to go with direct debits, obviously there are going to be a number of different reasons. For example some people want to have a garden waste service, but are on a 6 or 12 month fixed term tenancy, so clearly for them, they might not want to tie themselves into a direct debit.

You referenced some problems with the web site. There was a deliberate soft launch over the summer this year in order to try to avoid the problems that we saw the first year, when the previous administration had this system up and running. Anny issues seen have been some technical regulatory things to do with Barclays who are our  ...  view the full minutes text for item 43.

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

A.      Protecting the public’s say in the planning process

RESOLVED:

That this Council notes:

1.       The publication by Government of the White Paper, ‘Planning for the Future’ on 6 August 2020, which set out proposals on reforms to the planning process for the future.

2.       That the vast majority of planning applications are given the go-ahead by local authority planning committees, with permission granted to around 9 out of 10 applications.

3.       That research by the Local Government Association has said that there are existing planning permissions for more than one million homes that have not yet been started.

This Council is concerned that the proposals seek to:

1.       Reduce or remove the right of residents to object to applications near them.

2.       Grant automatic rights for developers to build on land identified as ‘for growth’.

3.       Remove section 106 payments for infrastructure and replace them with a national levy.

This Council further notes:

1.       The Royal Institute for British Architects said the proposals were ‘shameful and would do almost nothing to guarantee delivery of affordable, well-designed and sustainable homes’. RIBA also said that proposals could lead to the next generation of slum housing.

2.       The reforms are opposed by the all-party Local Government Association, currently led by Conservative Councillors.

This Council believes:

1.       That existing planning procedures, as currently administered by our own team in North Hertfordshire, allow for local democratic control over future development, and give local people a say in planning proposals that affect them.

2.       That proposals for automatic rights to build in ‘growth’ areas, and increased permitted development rights, risk unregulated growth and unsustainable communities.

3.       That local communities must be in the driving seat on shaping the future of their communities, and local determination of the planning framework and planning applications play an important part in this process.

This Council resolves to:

1.       Take part in the consultation in the planning proposals, and to make representations against the proposals as outlined in this motion.

2.       Write to and lobby all three of our Members of Parliament, urging them to oppose these proposals and to circulate their replies to members.

3.       Highlight its concerns over these proposals with the public and local residents.

B.      Racial Equality

          Following a recorded vote it was:

RESOLVED:

Council notes with serious concern the death of George Floyd and other black people at the hands of police in America during 2020 and the systemic racism towards black people that continues to exist around the world.

Council also notes the disproportionate impact of Covid-19 on Black, Asian and minority ethnic (BAME) people in the UK and that decisive action needs to be taken to mitigate these risks on sections of our community.

Council also welcomes the progress that has been made in North Herts over a number of years to build community cohesion and strengthen the voice of those who are marginalised, but recognises that there is much more we can and must do.

That Council resolves:

To stand in solidarity  ...  view the full decision text for item 44.

Audio recording – 1 hour 56 minutes 30 seconds

Two motions had been submitted, due notice of which had been given in accordance with Standing Order 4.8.12.

A.      Protecting the public’s say in the planning process

Councillor Paul Clark proposed the following motion, which was seconded by Councillor Ian Mantle:

That this Council notes:

1.       The publication by Government of the White Paper, ‘Planning for the Future’ on 6 August 2020, which set out proposals on reforms to the planning process for the future.

2.       That the vast majority of planning applications are given the go-ahead by local authority planning committees, with permission granted to around 9 out of 10 applications.

3.       That research by the Local Government Association has said that there are existing planning permissions for more than one million homes that have not yet been started.

This Council is concerned that the proposals seek to:

1.       Reduce or remove the right of residents to object to applications near them.

2.       Grant automatic rights for developers to build on land identified as ‘for growth’.

3.       Remove section 106 payments for infrastructure and replace them with a national levy.

This Council further notes:

1.       The Royal Institute for British Architects said the proposals were ‘shameful and would do almost nothing to guarantee delivery of affordable, well-designed and sustainable homes’. RIBA also said that proposals could lead to the next generation of slum housing.

2.       The reforms are opposed by the all-party Local Government Association, currently led by Conservative Councillors.

This Council believes:

1.       That existing planning procedures, as currently administered by our own team in North Hertfordshire, allow for local democratic control over future development, and give local people a say in planning proposals that affect them.

2.       That proposals for automatic rights to build in ‘growth’ areas, and increased permitted development rights, risk unregulated growth and unsustainable communities.

3.       That local communities must be in the driving seat on shaping the future of their communities, and local determination of the planning framework and planning applications play an important part in this process.

This Council resolves to:

1.       Take part in the consultation in the planning proposals, and to make representations against the proposals as outlined in this motion.

2.       Write to and lobby all three of our Members of Parliament, urging them to oppose these proposals and to circulate their replies to members.

3.       Highlight its concerns over these proposals with the public and local residents.

The following Councillors took part in the debate:

·                Councillor David Levett.

Upon the vote it was:

RESOLVED:

That this Council notes:

1.       The publication by Government of the White Paper, ‘Planning for the Future’ on 6 August 2020, which set out proposals on reforms to the planning process for the future.

2.       That the vast majority of planning applications are given the go-ahead by local authority planning committees, with permission granted to around 9 out of 10 applications.

3.       That research by the Local Government Association has said that there are existing  ...  view the full minutes text for item 44.

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 report will involve the likely disclosure of exempt information as defined in Paragraph 3 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 Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

Audio recording – 2 hours 25 minutes 34 seconds

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).

This report relates to Item 5b - Items Referred from Other Committees.

NB: The Part 2 report was discussed prior to the Part 1 referral of the same name.

RESOLVED:

(1)       That Council notes the forecast impact of Covid-19 in comparison to available reserves and confirms that these reserves will be used to fund the impact. This means that an emergency budget is not required;

(2)       That Council approves that £350k is added to the Capital Programme for the resurfacing of the top deck of the Lairage Car Park, Hitchin;

(3)       That Council approves an addition to the Investment Strategy that would allow the Council to provide a loan to Hertfordshire Building Control of £65k, if it is required.

REASON FOR DECISION: To ensure that the financial impacts of Covid-19 are recognised and make the necessary changes to allow the Council to manage its budgets.

This Item was not audio recorded or filmed.

The Committee Member and Scrutiny Manager undertook a roll call of Members and officers to ensure that they could hear and be heard.

NB: The Part 2 report was discussed prior to the Part 1 referral of the same name.

The Executive Member for Finance and IT presented the Part 2 report regarding the referral from Cabinet entitled Covid-19 Financial Impacts.

RESOLVED:

(1)       That Council notes the forecast impact of Covid-19 in comparison to available reserves and confirms that these reserves will be used to fund the impact. This means that an emergency budget is not required;

(2)       That Council approves that £350k is added to the Capital Programme for the resurfacing of the top deck of the Lairage Car Park, Hitchin;

(3)       That Council approves an addition to the Investment Strategy that would allow the Council to provide a loan to Hertfordshire Building Control of £65k, if it is required.

REASON FOR DECISION: To ensure that the financial impacts of Covid-19 are recognised and make the necessary changes to allow the Council to manage its budgets.

This report relates to Item 5c – Items Referred from Other Committees.

NB: The Part 2 report was discussed prior to the Part 1 referral of the same name.

Prior to the item being considered Councillor Claire Strong declared a declarable interest in that she was a member of Archers, Hitchin which was operated by SLL. She advised that she would not take part in the debate or vote.

Prior to the item being considered Councillor Jim McNally declared a declarable interest in that he was a member of North Herts Leisure Centre which was operated by SLL. He advised that he would not take part in the debate or vote.

RESOLVED: To provide financial support to Stevenage Leisure Limited (SLL) on an Open Book basis from 20 March 2020 up to at least 31 March 2021. The support provided would only cover losses relating to the Council’s contracts, and will not cover central overheads. SLL would be required to take all reasonable actions to minimise the value of any losses. The actual value of the support required will depend on SLLs income recovery but will be capped at a maximum of £1.8m.

REASON FOR DECISION: To seek approval for the SLL recovery plan and a phased

approach toward recovery allowing flexibility through delegation, to ensure business continuity for the leisure contracts and for them to survive beyond the COVID-19 pandemic.

NB: The Part 2 report was discussed prior to the Part 1 referral of the same name.

Prior to the item being considered Councillor Claire Strong declared a declarable interest in that she was a member of Archers, Hitchin which was operated by SLL. She advised that she would not take part in the debate or vote.

Prior to the item being considered Councillor Jim McNally declared a declarable interest in that he was a member of North Herts Leisure Centre which was operated by SLL. He advised that he would not take part in the debate or vote.

The Executive Member for Environment and Leisure presented the Part 2 report regarding the referral from Cabinet about Leisure Contract Recovery together with the following document:

·                Item Referred from Cabinet - 21 July 2020 - Leisure Contract Recovery - Proposed Amendment to Recommendation.

Councillor Steve Jarvis proposed and Councillor Martin Stears-Handscomb seconded the proposed amended recommendation as detailed in document attached to the report.

The following Members took part in the debate and asked questions:

·                Councillor David Levett;

·                Councillor Sam Collins;

·                Councillor Simon Harwood;

·                Councillor Sam North;

·                Councillor Martin Stears-Handscomb.

The Executive Member for Environment and Leisure and Service Director Legal and Community answered questions raised by Members.

Following a detailed debate and following a vote it was:

RESOLVED: To provide financial support to Stevenage Leisure Limited (SLL) on an Open Book basis from 20 March 2020 up to at least 31 March 2021. The support provided would only cover losses relating to the Council’s contracts, and will not cover central overheads. SLL would be required to take all reasonable actions to minimise the value of any losses. The actual value of the support required will depend on SLLs income recovery but will be capped at a maximum of £1.8m.

REASON FOR DECISION: To seek approval for the SLL recovery plan and a phased

approach toward recovery allowing flexibility through delegation, to ensure business continuity for the leisure contracts and for them to survive beyond the COVID-19 pandemic.