Agenda, decisions and minutes

Cabinet Sub-Committee (Council Charities) - Tuesday, 20th November, 2018 4.30 pm

Venue: First Floor Rooms2/3, District Council Offices, Gernon Road, Letchworth Garden City

Contact: Hilary Dineen (01462) 474353  Email: hilary.dineen@north-herts.gov.uk

Items
No. Item

1.

ELECTION OF CHAIRMAN

To elect a Chairman of the Sub-Committee for the 2018/19 Civic Year.

Decision:

In accordance with 100B (4)(B) of the Local Government Act 1972 and in accordance with the urgent procedure rules as contained within the Council’s Constitution the following item is not subject to call in. 

 

RESOLVED: That Councillor Bernard Lovewell be elected as Chairman of the Sub-Committee for the remainder of the 2018/19 Civic Year.

Minutes:

Audio Recording – Start of Item – Session 1 – 31 seconds

 

In accordance with 100B (4)(B) of the Local Government Act 1972 and in accordance with the urgent procedure rules as contained within the Council’s Constitution the following item was considered as an urgent item of business having been omitted from the agenda and was therefore not subject to call in. 

 

RESOLVED: That Councillor Bernard Lovewell be elected as Chairman of the Sub-Committee for the remainder of the 2018/19 Civic Year.

2.

APOLOGIES FOR ABSENCE

Decision:

There were no apologies for absence received from Councillors.

Minutes:

Audio Recording – Start of Item – Session 1 – 56 seconds

 

There were no apologies of absence received.

3.

MINUTES - 6 DECEMBER 2017 pdf icon PDF 200 KB

To take as read and approve as a true record the minutes of the meeting of this Committee held on the 6 December 2017.

Decision:

RESOLVED:That the Minutes of the Meeting of the Sub-Committee held on 6 December 2017 be approved as a true record of the proceedings and be signed by the Chairman.

 

Minutes:

Audio Recording – Start of Item – Session 1 - 1 minute 10 seconds

 

RESOLVED:That the Minutes of the Meeting of the Sub-Committee held on 6 December 2017 be approved as a true record of the proceedings and be signed by the Chairman.

 

4.

NOTIFICATION OF OTHER BUSINESS

Members should notify the Chairman of other business which they wish to be discussed by the Committee 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.

Decision:

There was no other business notified.

Minutes:

Audio Recording – Start of Item – Session 1 - 1 minute 30 seconds

 

There was no other business notified.

5.

CHAIRMAN'S ANNOUNCEMENTS

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, wished 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

Decision:

The Chairman reminded Members 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, who wished 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

 

Minutes:

Audio Recording – Start of Item – Session 1 - 1 minute 36 seconds

 

The Chairman reminded Members 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 were 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, who wished 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.

 

6.

PUBLIC PARTICIPATION

To receive petitions and presentations from members of the public.

Decision:

There was no public participation.

 

Minutes:

Audio Recording – Start of Item – Session 1 - 2 minute 26 seconds

 

There was no public participation.

 

7.

NORTH HERTFORDSHIRE MUSEUM & HITCHIN TOWN HALL: COUNCIL PROPOSALS TO ACQUIRE 14/15 BRAND STREET pdf icon PDF 337 KB

To update the Cabinet Sub-Committee on the Council proposals in relation to the North Hertfordshire Museum and Hitchin Town Hall.

Additional documents:

Decision:

RESOLVED:

 

That the Charities Sub-Committee:

 

i.     Notes the proposal for the Council to acquire 14/15 Brand Street for a purchase price of £550,000.00;

 

ii.     Confirms that it has no objections to the settlement agreement referred to in the submitted report;

 

iii.    Authorises the Council to execute the settlement agreement on behalf of the Trust;

 

iv.   Delegates to the Service Director - Customers in consultation with the Trust Lawyer and the Chairman of the Cabinet Sub-Committee authority to review the management agreement entered into between the Hitchin Town Hall Gymnasium and Workmans Hall Trust and the Council and to make any minor amendments to take account of the settlement agreement in the event that it is completed;

 

RECCOMENDED TO CABINET:

 

v.  Requests that the Cabinet be informed of the resolutions of the Sub-Committee as detailed in i – iv above.

 

REASON FOR DECISION: To ensure that the charitable requirements of the Trust are met in respect of the Council’s proposal to enter into the settlement agreement. 

 

Minutes:

Audio Recording – Start of Item – Session 1 - 2 minute 44 seconds

 

The Cabinet Sub-Committee considered a report presented by the Service Director: Customers with an update on the Council proposals in relation to the North Hertfordshire Museum and Hitchin Town Hall including the land owned by the Hitchin Town Hall Gymnasium and Workman’s Hall Trust.

 

At 4.25pm the Deputy Chief Executive entered the meeting.

 

The Sub-Committee were referred to a number of typographical errors regarding paragraph numbering within the report and were provided with a brief background of the matter.

 

For completeness, included within the circulated agenda, the Sub-Committee were provided with the report and appendices that were to be considered by the Cabinet which proposed that the Council entered into a settlement agreement.

 

The Sub-Committee were advised that the matter for deliberation was not to consider the terms of the settlement agreement, but to determine whether the agreement complied with the public benefit duty of the Trust.

 

At this point the meeting moved into Part 2 discussions (Minute No.15 refers).

 

Following the Part 2 discussions the meeting moved back into Part 1.

 

The report, having been fully considered by all Members of the Sub-Committee, it was

 

RESOLVED:

 

That the Charities Sub-Committee:

 

i.     Notes the proposal for the Council to acquire 14/15 Brand Street for a purchase price of £550,000.00;

 

ii.     Confirms that it has no objections to the settlement agreement referred to in the submitted report;

 

iii.    Authorises the Council to execute the settlement agreement on behalf of the Trust;

 

iv.   Delegates to the Service Director - Customers in consultation with the Trust Lawyer and the Chairman of the Cabinet Sub-Committee authority to review the management agreement entered into between the Hitchin Town Hall Gymnasium and Workmans Hall Trust and the Council and to make any minor amendments to take account of the settlement agreement in the event that it is completed;

 

RECCOMENDS TO CABINET:

 

v.    That the Cabinet be informed of the resolutions of the Sub-Committee as detailed in i – iv above.

 

REASON FOR DECISION: To ensure that the charitable requirements of the Trust are met in respect of the Council’s proposal to enter into the settlement agreement. 

8.

EXCLUSION OF PRESS AND PUBLIC pdf icon PDF 180 KB

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 Paragraph 3 of Part 1 of Schedule 12A of the said Act.

Decision:

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 of Part 1 of Schedule 12A of the said Act (as amended).

Minutes:

Audio Recording – Start of Item – Session 1 - 15 minute 20 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 Paragraphs 3 of Part 1 of Schedule 12A of the said Act (as amended).

9.

NORTH HERTFORDSHIRE MUSEUM & HITCHIN TOWN HALL: COUNCIL PROPOSALS TO ACQUIRE 14/15 BRAND STREET

To update the Cabinet Sub-Committee on the Council proposals in relation to the North Hertfordshire Museum and Hitchin Town Hall.

Decision:

RESOLVED: As detailed in Part 1 (no.7 refers).   

Minutes:

Following the Part 2 discussions the meeting moved back into Part 1 for consideration of the recommendations.

 

RESOLVED: As detailed in Part 1 (Minute No.7 refers).  

 

 Audio Recording – Start of Item – Session 1 - 15 minute 50 seconds

 

 

 

Audio Recoding of Meeting MP3 7 MB