Decisions

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

The Committee, Member and Scrutiny Manager gave advice regarding the following:

·                Attendance;

·                Live Streaming;

·                Noise interference;

·                Rules of Debate;

·                Voting;

·                Part 2 Items.

The Chair, Councillor Martin Stears-Handscomb started the meeting proper.

5a      Item Referred from Finance, Audit and Risk Committee: 20 July 2020 – Risk Management Update

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

RECOMMENDED TO COUNCIL: That the Annual Report on Risk Management be noted.

REASONS FOR DECISIONS:

(1)       The responsibility for ensuring the management of risks is that of Cabinet;

(2)     This Committee has responsibility to monitor the effective development and operation of Risk Management.

5b      Item referred from Finance, Audit and Risk Committee: 20 July 2020 – Financial Impacts of Covid-19

RESOLVED: That the referral from Finance, Audit and Risk Committee regarding Financial Impacts of Covid-10 be taken with Item 13

There were no presentations by members of the public.

(1)     The Chair welcomed everyone to this meeting of Cabinet;

(2)     The Chair advised 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)     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)     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;

(5)     The Chair referred to statements made by Councillor David Williams, Leader Hertfordshire County Council in respect of Local Government reorganisation;

(6)     The Chair advised that he would take the agenda in the order published up to and including item 12. The Part 2 items would then be considered following which the meeting would return to Part 1 to take Part 1 decisions on Item 13 at the end of the meeting.

In respect of announcement (5) above a short discussion took place.

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).

NB This report was introduced prior to consideration of the Part 2 report of the same name. The decision was taken following consideration of the Part 2 report of the same name.

RESOLVED:

(1)       That Cabinet note and agree the approach set out in SLL’s recovery plan and support SLL using the Open Book approach as recommended in the PPN 02/20, and further support included within LGA Options for councils in supporting leisure providers through COVID-19 Guidance from service closure;

(2)       That Cabinet note and agree that Officers will continue to work with SLL to agree ways in which income can be maximised and costs minimised whilst ensuring that operations continue to meet COVID-19 and other safety requirements.

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.

RESOLVED:

(1)       That Cabinet confirms its intention to recommend the retention of its five Objectives, other than a slight amendment to the first overarching Council Objective:

·                Continue to be a welcoming, inclusive, and efficient council,

·                Build thriving and resilient communities,

·                Respond to challenges to the environment,

·                Enable an enterprising and co-operative economy,

·                Support the delivery of good quality and affordable homes.

(2)       That the intention to finalise a draft of the complete Council Plan for Cabinet to consider in September, for referral on to Full Council for approval be noted. This will follow consideration with the leadership team and further engagement with all Members.

REASON FOR DECISIONS: The Council plan is a key element of the corporate business planning process, as a highlevel strategic document it sets out the Council’s priorities for the next year. As an overarching policy framework document, it guides and influences the use of Council resources; providing a focus for activities, plans and services the Council provide. Confirming the intention to amend the first overarching Council Objective will allow a full draft to be developed that reflects this.

There was no other business notified.

RESOLVED: That the entering into a contract extension with Hitchin Market Limited for a further eight months up to 31 March 2021 be noted

REASONS FOR DECISION:

(1)       To seek approval of the proposed contract extension and to update Cabinet Members on the current position regarding Hitchin Markets Limited.

(2)       To ensure that Hitchin Market continues to operate.

(3)       To allow the Council more time to evaluate its options such as undertaking a tendering/ procurement exercise.

Apologies for absence were received from Councillor Carol Stanier and Sean Prendergast (Deputy Executive Members).

Councillor Kate Aspinwall, Chair Finance, Audit and Risk Committee offered her apologies for absence.

RESOLVED: That the actions to date [and proposed actions in the plan Appendix B], and that further updates will be provided as part of the Annual Safeguarding Report to Overview & Scrutiny be noted.

REASON FOR DECISION: To ensure that Cabinet is updated regarding the actions regarding Modern Day Slavery.

RESOLVED:

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

(2)       That the submission in Appendix A of the report be noted and endorsed;

(3)       That the Executive Member for Planning and Transport be requested to write to the Government minister to express concern, on behalf of the residents of North Herts District Council, at the turn of events regarding the proposed changes to planning legislation that will adversely affect employment areas.

REASON FOR DECISIONS: To keep Cabinet informed of recent developments on strategic planning matters and progress on the North Hertfordshire Local Plan.

The Chair welcomed everyone to this virtual Finance, Audit and Risk Committee meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online and advised that there was the opportunity for the public and press to listen and view proceedings.

The Committee, Member and Scrutiny Officer gave advice regarding the following:

•           Attendance;

•           Virtual Meeting;

•           Noise Interference;

•           Rules of Debate;

•           Voting.

RESOLVED:

(1)       That the Corporate Risks for the quarter, namely the review of the Novel Coronavirus (COVID-19) risk with an unchanged scored of 9 and the review of the Cyber Risks and Data Protection Risk with an unchanged score of 8, be noted;

(2)     That the Annual Report on Risk Management be noted.

(3)       That the Executive Member for Recycling and Waste Management be requested to provide a written response to the following questions to the next meeting of the Finance, Audit and Risk Committee on 7 September 2020:

Why the Delivery of the Waste Collection and Street Cleaning Services Contract remained as a Risk Score 8 on the Draft Risk and Opportunities Matrix?

Why the Food and Garden Waste had been be re-classified as Organic Waste?

RECOMMENDED TO CABINET: That the Annual Report on Risk Management be noted and then referred to Full Council.

REASONS FOR DECISIONS:

(1)       The responsibility for ensuring the management of risks is that of Cabinet;

(2)       This Committee has responsibility to monitor the effective development and operation of Risk Management.

RESOLVED:  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 Paragraphs 3 of Part 1 of Schedule 12A of the said Act (as amended).

RESOLVED: That the draft AGS Action Plan 2019/20 be noted and any further comments on the drafts be provided to the Policy and Community Engagement Manager in order for it to be finalised for approval (in September 2020).

REASON FOR DECISION: The Committee is the legal body with responsibility for approval of the AGS. Reporting the draft AGS and Action Plan at this stage provides an opportunity for the Committee to assess and comment on the draft, before it is finalised and brought back for approval in September 2020.

RESOLVED: That the report entitled Anti-Fraud Report 2019/20 be noted.

REASON FOR DECISION: To enable the Finance, Audit and Risk Committee to review the following:

(1)       The Council’s work to combat fraud in 2019/20;

(2)       The performance of SAFS in meeting its KPIs in 2019/20.

The Chair requested that, should any Members have any suggestions for agenda items for future meetings, they were welcome to email her.

RESOLVED: That the Financial Impacts of Covid-19 be a standing item on future Finance, Audit and Risk Committee Agendas.

There was no public participation.

(1)       The Chair welcomed those present at the meeting;

(2)       The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded and streamed on the Council’s YouTube Channel;

(3)       The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question.

There was no other business notified.

There were no apologies for absence.

The Development and Conservation Manager provided Members with an update relating to planning training sessions being offered to all Members of the Council by the Planning Advisory Service.

The Planning Lawyer informed Members that dates had been proposed for a virtual Local Plan Examination. Once dates had been confirmed, Members would be informed via the Members Information Service (MIS) in due course.

RESOLVED: That application 20/00118/OP be REFUSED planning permission as per the reasons contained in the report of the Development and Conservation Manager.

RESOLVED: That application 20/00117/OP be REFUSED planning permission as per the reasons contained in the report of the Development and Conservation Manager.

RESOLVED: That application 20/00908/FP be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager.

The Chair confirmed that the Registered Speakers were present.

(1)       The Chair welcomed those present at the meeting;

(2)       The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded and live streamed on the Council’s YouTube;

(3)     The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question;

(4)     The Chair clarified matters for the registered speakers and informed members of the public that they 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters.

The 5 minute time limit also applied to Member Advocates. The bell would sound after 41/2 minutes as a warning and again at 5 minutes to signify that the speaker must cease.

(5)     The Chair advised that a comfort break would be called after Agenda Items 5 & 6 or at 9:00pm, whichever came first.

There was no other business notified.

There were no apologies for absence.

RESOLVED: That the report entitled Planning Appeals be noted.

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 and advised that there was the opportunity for the public and press to listen and view proceedings.

The Committee, Member and Scrutiny Manager gave advice regarding the following:

·                Attendance;

·                Live Streaming;

·                Noise interference;

·                Rules of Debate;

·                Voting;

·                Part 2 Items.

The Chair, Councillor Terry Tyler started the meeting proper.

Councillors Ruth Brown and Martin Stears-Handscomb addressed Council followed by a minutes silence.

NB: This item was considered after the Part 2 item (Minute 27 refers).

RESOLVED: That the proposed amendments set out under 8.1 & 8.3 be approved. Such changes to come into effect on 18 July 2020.

REASON FOR DECISION: To ensure the Constitution reflects the new senior management structure and any necessary updated approval process.

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 1 - 4 of Part 1 of Schedule 12A of the said Act (as amended).

a.         Item referred from Cabinet 23 June 2020 – Corporate Peer Challenge Action Plan

RESOLVED:

(1)       That the Special Reserve be used to fund a small transformation team for a period of 18 months from October 2020, with an estimated total cost of £150k (£50k in 2020/21 and £100k in 2021/22);

(2)       That agreeing the specification for, and intended outcomes of, the transformation programme be delegated to the Leader, Deputy Leader, Executive Member for Finance and IT, Managing Director and Service Director Resources;

(3)       That training be a requirement for elected Members who wish to take part in the planning process.

REASON FOR DECISIONS: To ensure that the Council responds to the matters identified within the CPC report, ensuring that the benefits of the CPC process are realised.

b.         Item referred from Cabinet 23 June 2020 – Revenue Budget Outturn

RESOLVED: That the net transfer to earmarked reserves, as identified in table 8, of £2.161million be approved.

REASONS FOR DECISION:

(1)      Members are able to monitor, make adjustments within the overall budgetary framework and request appropriate action of Services who do not meet the budget targets set as part of the Corporate Business Planning process.

(2)      Changes to the Council’s balances are monitored and approved.

NB: At 21.01 the meeting was adjourned for a comfort break. The meeting reconvened at 21.06 and the Committee, Member and Scrutiny Manager undertook a roll call of Members and Officers to ensure that they could hear and be heard.

c.         Item referred from Cabinet 23 June 2020 – Investment Strategy (Capital and Treasury) End of Year Review

RESOLVED:

(1)       That the actual 2019/20 prudential and treasury indicators be approved:

(2)       That the annual Treasury Report for 2019/20 be noted.

REASON FOR DECISIONS:

(1)       Cabinet is required to approve adjustments to the capital programme and ensure the capital programme is fully funded.

(2)       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.

There were no motions considered.

There were no questions from Members

There were no presentations by members of the public.

(1)     Audio Recording

The Chair advised 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.

(2)     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 have that in mind as we carry out our various roles and tasks for the benefit of our District.

(3)     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.

(4)     Rules of Debate

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

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

When seconding a motion or amendment, a Member may reserve their speech until later in the debate. 

In accordance with the Constitution please could Members ensure that no speech exceeded five minutes without the consent of the Chair

(5)     Order of Business

The Chair advised that he would take Items 1-8 as per the agenda. Item 9 would be introduced and then the meeting would go into Part 2 and consider Item 13. Following which the meeting would return to Part 1 to take the vote on Item 9 and consider items 10 and 11

(6)     Charities

The Chair advised that his Charities for this year would be Victoria’s Promise and Citizen’s Advice North Herts.

The Chair declared that, in relation to a potential interest, that Ed Smith was his Son in Law, who now works for Victoria Promise as a fund raiser following my daughter’s passing, and have been advised that this does not cause an issue in terms of my support for Victoria’s Promise this year.

The Chair invited Fiona Eastman and Ed Smith, Victoria’s Promise, to address Council

The Chair invited Rose Waters, Citizens Advice North Herts, to address Council.

There was no other business notified.

RESOLVED: That the proposed amendments set out under 8.1 & 8.3 be approved. Such changes to come into effect on 18 July 2020.

REASON FOR DECISION: To ensure the Constitution reflects the new senior management structure and any necessary updated approval process.

RESOLVED: That the Annual Report of the Standards Committee be noted.

REASONS FOR DECISIONS: In line with recommended good governance practice to report the work of Standards Committee to the full Membership, to promote and maintain high standards of conduct and to demonstrate a strong commitment to ethical values.