Agenda, decisions and minutes

Apologies for absence were received from Councillors Judi Billing, Elizabeth Dennis-Harburg, Gary Grindal, Sam North, Helen Oliver, Sean Prendergast and Kay Tart.

Audio recording – 10 seconds

Apologies for absence were received from Councillors Judi Billing, Elizabeth Dennis-Harburg, Gary Grindal, Sam North, Helen Oliver, Sean Prendergast and Kay Tart.

Jeanette Thompson, Service Director – Legal and Community sent her apologies that she was unable to attend.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 30 July 2019.

RESOLVED:That the Minutes of the Meeting of the Committee held on 30 July 2019 be approved as a true record of the proceedings and be signed by the Chairman.

Audio Recording – 35 seconds

It was proposed by Councillor Martin Stears-Handscomb, seconded by Councillor Paul Clark and:  

RESOLVED:That the Minutes of the Meeting of the Committee held on 30 July 2019 be approved as a true record of the proceedings and be signed by the Chairman.

Members should notify the Chairman 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 Chairman will decide whether any item(s) raised will be considered.

The Chairman advised that the Vice-Chairman of the Overview and Scrutiny Committee (in the absence of the Chairman of the Committee) had agreed for an urgent item to be heard. This item was listed on the agenda as Business Rate Pooling 2020/21 (Minute 48 refers).

Audio recording – 58 seconds

The Chairman advised that the Vice-Chairman of the Overview and Scrutiny Committee (in the absence of the Chairman of the Committee) had agreed for an urgent item to be heard. This item was listed on the agenda as Business Rate Pooling 2020/21 (Minute 48 refers).

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, 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 Chairman welcomed those present at the meeting, especially those who had attended to give a presentation;

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

(3)       The Chairman 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.

Audio recording – 1 minute 18 seconds

(1)       The Chairman welcomed those present at the meeting, especially those who had attended to give a presentation;

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

(3)       The Chairman 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.

To receive petitions, comments and questions from the public.

There were no presentations by members of the public.

Audio recording – 2 minutes 39 seconds

There were no presentations by members of the public.

To consider any questions submitted by Members of the public, in accordance with Standing Order 4.8.10 (c).

(A)      Climate Emergency

Mr Philip Devonald asked a question which was answered by Councillor Steve Jarvis, Executive Member for Environment and Leisure.

Audio recording – 2 minutes 42 seconds

In accordance with Standing Order 4.8.10(c), Mr Philip Devonald had presented a question for Councillor Steve Jarvis (Executive Member for Environment and Leisure) as follows:

"What progress has the Council made in addressing the climate emergency declared at the Annual Meeting in May?"

The Executive Member for Environment and Leisure provided the following response:

“There will be some similarities in the answer received at Council.

The Council recognises that responding to the climate emergency requires it both to address its own carbon emissions but, as these only represent a small proportion of the carbon footprint of the District, it’s important that, if we are to make progress, we need to play a role in enabling residents and businesses to cut their emissions, where the Council can influence this directly, and also encourage residents and businesses to do this more widely, which is perhaps where the greatest dividends will result. We need to make progress in all of these areas if we are to make the biggest contribution toward a net zero contribution by the Council by 2030 and net zero contribution for Britain by 2040.

Clearly there are some very significant changes that can be made to meet those objectives, but it is important that we don’t overlook the contributions of small changes that can be made as well and we need to encourage and persuade people to do what they can and recognise their achievements rather than criticise them for not achieving more, if we are going to build a community commitment.

I am committed that we need to do this by looking at ways to move forward by enabling people to live their lives in smarter ways to reduce the carbon impact of what they do such as travel by using renewables and lower energy transport, and it is important that we do that again takes the community with us.

As well as reducing emissions it is important that we look into ways of increasing the world’s capability to deal with emissions that are either difficult or impossible to remove or eliminate.

Clearly our scope in North Herts is relatively limited, but there is scope for planting trees and we must maximise the amount we do on Council land, and also find ways to encourage both the public sector and private citizens to so what they can in terms of tree planting and that could be significantly larger.

Since May we have taken a number of steps towards these goals, there are some things that it is possible to do quickly and some that take a little longer.

We have set up a Cabinet Panel to gather the views of interested and informed local groups to help the Council identify the things it can do most effectively. In the three areas of cutting its own emissions, enabling others to do so and encouraging them to do so and at the meeting we had a very worthwhile discussion on that evening, with  ...  view the full minutes text for item 42.

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

(A)      Item Referred From Finance, Audit And Risk Committee: 16 September 2019 – Fraud Policy Review

RESOLVED: That the referral from the Finance, Audit and Risk Committee regarding the Fraud Policy Review be considered with the item on the agenda entitled Fraud Prevention Policy (Minute 45 refers).

Audio recording – 20 minutes 25 seconds

(A)      Item Referred From Finance, Audit And Risk Committee: 16 September 2019 – Fraud Policy Review

RESOLVED: That the referral from the Finance, Audit and Risk Committee regarding the Fraud Policy Review be considered with the item on the agenda entitled Fraud Prevention Policy (Minute 45 refers)..

REPORT OF THE SERVICE DIRECTOR – REGULATORY

This report identifies the latest position on key planning issues affecting the District

RESOLVED:

(1)       That the report on strategic planning matters be noted;

(2)       That the letter in Appendix A be noted and endorsed;

(3)       That the Local Plan Inspector’s letter at Appendix B be noted.

REASON FOR DECISION: To keep Cabinet informed of recent development on Strategic planning matters and progress on the North Hertfordshire Local Plan.

Audio recording – 20 minutes 38 seconds

The Executive Member for Planning and Transport presented the report entitled Strategic Planning Matters together with the following appendices:

·                 Appendix A – Letter from NHDC to Local Plan Inspector;

·                 Appendix B – Letter from Local Plan Inspector to NHDC.

He drew attention to the following:

·                 Other Plans and Examinations;

·                 NHDC would respond to the Inspector regarding the Local Plan on 29 November 2019;

·                 Actions, letters and responses regarding the Local Plan would be reported to the Project Board, which included Members from all parties, those Members would then feedback to the wider membership;

·                 CIL and S106 SPD would likely be considered by Cabinet in December 2019.

·                 In response to Councillor Thake’s question at Full Council, Councillor Clark reported that Members of the Committee would be informed and would be able to feedback via the Local Plan Project Board on which all groups are represented.

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

·                 Councillor Ian Albert;

·                 Councillor Steve Jarvis.

In response to questions the Executive Member for Planning and Transport advised:

·                 That the public would be kept informed of progress with the Local Plan through the Strategic Planning Matters report, Members Information Service and the response to the Inspector would be posted on the NHDC website.

RESOLVED:

(1)       That the report on strategic planning matters be noted;

(2)       That the letter in Appendix A be noted and endorsed;

(3)       That the Local Plan Inspector’s letter at Appendix B be noted.

REASON FOR DECISION: To keep Cabinet informed of recent development on Strategic planning matters and progress on the North Hertfordshire Local Plan.

REPORT OF THE SERVICE DIRECTOR – RESOURCES

To approve the Fraud Prevention Policy.

RESOLVED:

(1)     That the Fraud Prevention Policy attached at Appendix A be approved with the following amendment:

The first line of Paragraph 6 in Section 2 entitled Reporting, ‘that are reported’ be

removed from the Fraud Prevention Policy so that it read:

“The Council will investigate all suspicions, and where deemed appropriate the matter raised may be:”

(2)    That the Learning and Development Champions be requested to consider how e-learning modules can be better advertised to Members and how Members can be encouraged to undertake essential training such as anti bribery and fraud prevention.

REASON FOR DECISION: The new policy provides all the information in relation to fraud and similar offences. This makes it more accessible, especially as the total length of documentation is shorter. By making it easier to read and understand policies, it should aid compliance.

Audio recording – 26 minutes 27 seconds

The Executive Member for Finance and IT presented the report entitled Fraud Prevention Policy together with the following appendix:

·                 Appendix A- Fraud Prevention Policy.

He drew attention to the essential nature of training for Members regarding anti bribery, fraud etc and the low take up rates and suggested that Group Leaders encourage Members to undertake the relevant e-learning modules.

Cabinet considered the referral from the Finance, Audit and Risk Committee meeting held on 16 September 2019 which contained the following recommendation to Cabinet:

That the Fraud Prevention Policy attached at Appendix A be approved with the following amendment:

The first line of Paragraph 6 in Section 2 entitled Reporting, ‘that are reported’ be

removed from the Fraud Prevention Policy so that it read:

“The Council will investigate all suspicions, and where deemed appropriate the matter raised may be:”

The Executive Member for Finance and IT was happy that the recommendation from the Finance Audit and Risk Committee be accepted.

Councillor Ruth Brown suggested that the Learning and Development Champions be requested to consider how to advertise e-learning modules and encourage Members to undertake essential learning.

It was proposed by Councillor Ian Albert, seconded by Councillor Martin Stears-Handscomb and

RESOLVED:

(1)     That the Fraud Prevention Policy attached at Appendix A be approved with the following amendment:

The first line of Paragraph 6 in Section 2 entitled Reporting, ‘that are reported’ be removed from the Fraud Prevention Policy so that it read:

“The Council will investigate all suspicions, and where deemed appropriate the matter raised may be:”

(2)    That the Learning and Development Champions be requested to consider how e-learning modules can be better advertised to Members and how Members can be encouraged to undertake essential training such as anti bribery and fraud prevention.

REASON FOR DECISION: The new policy provides all the information in relation to fraud and similar offences. This makes it more accessible, especially as the total length of documentation is shorter. By making it easier to read and understand policies, it should aid compliance.

REPORT OF THE SERVICE DIRECTOR – CUSTOMERS

To consider whether any changes should be made to the Council Tax Reduction Scheme (CTRS) for year eight (2020/2021), prior to public consultation and a final recommendation being made to Council later in the financial year.

RESOLVED:

(1)       That the CTRS position relating to this and previous financial years be noted:

(2)       That it be noted that a full review of the CTRS is underway and that further recommendations for changes to the Scheme will be presented to Cabinet in September 2020 for implementation in 2021/2022:

(3)       That amount to be distributed to Parish, Town & Community Councils be continued and maintained at £38,885:

(4)       That the following proposed changes to the CTRS for 2020/2021 be subject to consultation:

A)        That a deminimis amount of £2.50 per week be introduced for reductions in entitlement, with no deminimis amount for increases in entitlement;

B)        That any payments made under the Windrush Compensation Scheme be disregarded for the purposes of CTRS;

(5)       That a further report on the outcome of the consultation be presented to Cabinet at its meeting on 17 December 2019.

REASON FOR DECISIONS: To decide on whether any changes are proposed to the CTRS for 2020/2021 and enable the required consultation to be carried out.

Audio recording – 33 minutes 6 seconds

The Executive Member for Finance and IT presented the report entitled Council Tax Reduction Scheme 2020/21.

It was proposed by Councillor Ian Albert and:

RESOLVED:

(1)       That the CTRS position relating to this and previous financial years be noted:

(2)       That it be noted that a full review of the CTRS is underway and that further recommendations for changes to the Scheme will be presented to Cabinet in September 2020 for implementation in 2021/2022:

(3)       That amount to be distributed to Parish, Town & Community Councils be continued and maintained at £38,885:

(4)       That the following proposed changes to the CTRS for 2020/2021 be subject to consultation:

A)        That a deminimis amount of £2.50 per week be introduced for reductions in entitlement, with no deminimis amount for increases in entitlement;

B)        That any payments made under the Windrush Compensation Scheme be disregarded for the purposes of CTRS;

(5)       That a further report on the outcome of the consultation be presented to Cabinet at its meeting on 17 December 2019.

REASON FOR DECISIONS: To decide on whether any changes are proposed to the CTRS for 2020/2021 and enable the required consultation to be carried out.

REPORT OF THE SERVICE DIRECTOR – CUSTOMERS

To adopt the revised Comments, Compliments and Complaints policy (also known as 3Cs), in order to ensure the Council’s policy is current and reflects best practice.

RESOLVED: That the updated Comments, Compliments and Complaints Policy, as contained in Appendix A ,be approved with the following amendments:

(i)      The addition of a flow chart to help customers navigate the document;

(ii)     That a short version of the Policy be made available describing how to make a simple comment, compliment or complaint.

REASON FOR DECISION: To ensure that the NHDC Policy for Comments, Compliments and Complaints is up to date and clear and easy for customers and our staff to understand.

Audio recording – 40 minutes 20 seconds

The Leader of the Council presented the report entitled Review of Comments, Compliments and Complaints Policy together with the following appendix:

·                 Appendix A – Comments, Compliments and Complaints Policy.

He advised that the Policy had been considered by the Overview and Scrutiny Committee and that the report under consideration had been amended to take into account comments from that Committee.

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

·            Councillor Carol Stanier;

·            Councillor Paul Clark;

·            Councillor Steve Jarvis.

Comments included that there should be a mechanism for complaints to be made by Councillors on behalf of residents and that there should be a shortened version of the Policy that is easier to access by the public.

The Service Director – Customers advised that Councillors could act as advocates, however it was important that customers made the complaint rather than Councillors.

The document had become longer due to the many ways that people now communicated with the Council and a flow chart could be provided to make navigation of the document easier.

The Chief Executive advised that the vast majority of people accessed information through the website or through the Customer Service Centre, where relevant information is given. It was useful to have the full document available for those whose complaints are more complex.

RESOLVED: That the updated Comments, Compliments and Complaints Policy, as contained in Appendix A ,be approved with the following amendments:

(i)      The addition of a flow chart to help customers navigate the document;

(ii)     That a short version of the Policy be made available describing how to make a simple comment, compliment or complaint.

REASON FOR DECISION: To ensure that the NHDC Policy for Comments, Compliments and Complaints is up to date and clear and easy for customers and our staff to understand.

REPORT OF THE SERVICE DIRECTOR – RESOURCES

If NHDC is determined to be an optimum member of a Hertfordshire Business Rates Pool, for the Council to join the pool and the potential financial benefits that this provides.

RESOLVED:

(1)       That it be approved in principle that the Council is part of a Hertfordshire Business Rates pool in 2020/21;

(2)       That, if it is proposed that Council is part of an optimum pool, that the authorisation for the final agreement be delegated to the Service Director- Resources in consultation with the Executive Member for Finance and IT.

REASON FOR DECISIONS: It is recommended that NHDC joins a Business Rates pool due to the expected financial benefits. The delegation is necessary due to the deadline imposed by the MHCLG.

Audio recording – 48 minutes 10 seconds

The Chairman reminded Members that the Vice-Chairman of the Overview and Scrutiny Committee had agreed for this item to be considered as an urgent item.

The Executive Member for Finance and IT presented the report entitled Business Rate Pooling 2020/21.

He proposed that Recommendation 2 be amended to read:

“That, if it is proposed that Council is part of an optimum pool, that the authorisation for the final agreement be delegated to the Service Director- Resources in consultation with the Executive Member for Finance and IT.”

It was proposed by Councillor Ian Albert, seconded by Councillor Martin Stears-Handscomb and

RESOLVED:

(1)       That it be approved in principle that the Council is part of a Hertfordshire Business Rates pool in 2020/21;

(2)       That, if it is proposed that Council is part of an optimum pool, that the authorisation for the final agreement be delegated to the Service Director- Resources in consultation with the Executive Member for Finance and IT.

REASON FOR DECISIONS: It is recommended that NHDC joins a Business Rates pool due to the expected financial benefits. The delegation is necessary due to the deadline imposed by the MHCLG.