Decisions

The Executive Member for Economic Development submitted a report setting out the background of Scott’s Grotto in Ware and of the options available in terms of its future management arrangements.  The Head of Communications, Strategy and Policy explained that ultimately, any decision to dispose of Scott’s Grotto would be taken by the Executive but welcomed the views of Scrutiny Committee Members on the issues outlined in the report.  He provided a summary of the report and highlighted the options for Members’ consideration, which included the establishment of a trust and transferring Scott’s Grotto or a “do nothing” approach. 

The National Management Trainee provided an overview of the report adding that Members’ views were also being sought on the best model which could be adopted, adding that if Executive Members agreed to support the establishment of a Trust, then its governance arrangements and objectives must be appropriate and sustainable.

Three Members of Ware Society were in attendance and referred to the Society’s long and harmonious relationship with the Council.  A brief overview of its historical value and local interest was provided.  The Society’s representative explained that its “ad hoc” management arrangements were no longer adequate and that the Grotto was falling into disrepair as the recent condition survey had revealed.  The Society supported the establishment of a Trust represented by both parties and urged Members to support a one-off lump sum to carry out urgent works.

Members debated the report at length, including the establishment of a Trust, and discussed in detail, the impact of this generally and financially on prospective Trustees.  Members supported the concept of establishing a Trust in order to secure the advancement of Ware’s heritage by protecting the Grotto, summerhouse and the surrounding gardens and in ensuring that it continued to be available to the community. 

In relation to the appointment of trustees, Members debated the liability of trustees and were of the view that if a Trust was to be established then any trustee (of at least three) should be appointed with the appropriate skills and areas of expertise to support the Trust’s objectives and sustainability.  Additionally, legal advice would need to be obtained on the issue of a trustee’s indemnity in order to minimise their liability.

The Head of Communications, Policy and Strategy commented that the establishment of a Trust would help in securing grant funding.  This was supported.

Members debated at length the best financial model to adopt, (given the condition survey) and one which might incentivise sustainability.  Ware Society supported a “one-off” payment.  Members were of the view that grant funding should also be explored. 

The Head of Strategic Finance and Property explained that from a financial viewpoint, the preferred approach of the Council would be to support the allocation of a smaller lump sum as a means of securing match (grant) funding and to ring-fence the sum of £50,000 which would be released in agreed phases and should be subject to the provision of some form of service level agreement.  This was supported. 

The Head of Communications, Strategy and Policy acknowledged that any investment needed to first address urgent repair works.

Councillor P Ruffles stated that Members needed to make it clear to the Executive, that the successes of the past had been largely due to the work of Ware Society and while the Grotto did not fit within the Council’s corporate priorities, the Council needed to be able to deal with “quirks” which were important to the District as a whole.  Councillor P Ballam supported these comments adding that Scott’s Grotto was the largest in the country and brought community and educational benefits.

Members were of the view that the Executive be advised that Performance Audit and Governance  supported the establishment of a trust, in order to secure the advancement of Ware’s heritage by protecting the Grotto, its buildings and heritage and in ensuring that it continued to be available to the public.  Additionally, Members acknowledged the need to appoint trustees (of at least three) with appropriate skills and areas of expertise in order to support objectives and sustainability but felt that the liability of those trustees needed further exploration to ensure the necessary safeguards were in place and to minimise their liability.

In terms of the best financial model, Members supported the allocation of a smaller lump sum (but that the sum of £50,000) be ring fenced as a means of securing match (grant) funding which would be released in agreed phases and subject to the provision of some form of service level agreement.

RESOLVED – that the Executive be advised (A) Performance, Audit and Governance Scrutiny Committee supports the establishment of a Trust, in order to secure the advancement of Ware’s heritage by protecting the Grotto, its buildings and heritage and in ensuring that it continued to be available to the community as a whole;

(B)   if a Trust was to be established, a minimum of three trustees be appointed with appropriate skills and areas of expertise, in order to support objectives and sustainability (once the necessary safeguards were in place to protect them and minimise their liability); and

(C)   the allocation of a smaller lump sum be supported as the best financial model (but that the sum of £50,000) be ring fenced as a means of securing match (grant) funding which would be released in agreed phases and subject to the provision of some form of service level agreement.

The Head of Legal and Democratic Services submitted a report seeking approval for the appointment of Chairmen to Committees set up by Council at its Annual meeting on 10 May 2017 and the establishment of sub-committees and panels.  It was noted that the appointment of Vice-Chairmen would be dealt with at the next meetings of the relevant committees.

The joint meeting noted the nominations of the political group to the seats on sub-committees and panels as detailed in the report now submitted and approved the recommendations as now detailed.

RESOLVED – that (A) the following Sub-Committees and Panels be appointed, with the number of voting Members stated:

(B)      seats on Sub-Committees and Panels, where relevant, be allocated to the sole political group on the Council;

(C)      as a consequence of the decisions at (A) - (B) above, the membership of Sub-Committees and Panels be as set out in Essential Reference Paper ‘B’, with, where appropriate, Members being appointed in accordance with the wishes of the political group to whom the seats on these bodies have been allocated;

(D)      the Members detailed at Essential Reference Paper ‘C’, be appointed as Chairmen (and where specified, Vice-Chairmen) of the bodies detailed;

(E)      the Head of Legal and Democratic Services be authorised to make changes in the standing membership of committees and joint committees in (A) above, in accordance with the wishes of the political group to whom seats on these bodies have been allocated; and

(F)       Chairmen of committees now abolished, be authorised to approve as a correct record, the Minutes of their final meeting.

It was moved and seconded that Councillor J Jones be appointed Chairman for this meeting.

RESOLVED - that Councillor J Jones be appointed Chairman for this meeting.

The Head of Legal and Democratic Services submitted a report seeking approval for a leave of absence to be granted to Councillor J Taylor on the grounds of ill health.  Council noted this was the last opportunity to consider such a request before the six month deadline from the last meeting attended would arise.

Council approved the recommendation now detailed.

RESOLVED – that a leave of absence for Councillor J Taylor on the grounds of ill health, be approved.

The Head of Legal and Democratic Services submitted a report detailing the recommendations of the Independent Remuneration Panel (IRP) for the Members’ Allowances Scheme 2017/18.  She referred to the recommendations at the head of the report and advised that two of the IRP’s recommendations had been omitted.  These related to the cessation of the £270 payment for Development Management Committee Members and the subsistence arrangements for overnight accommodation.  She asked that these be included in Council’s determination.

In response to a question from Councillor D Andrews, the Head advised that the IRP’s use of the word “disapplied” meant “discontinued”.

In respect of the IRP recommendation to cease the £270 payment, Councillor M Casey spoke against this on the basis that it would cost the Council more and increase the bureaucracy in managing the additional mileage claims.  Other Members spoke in support of this recommendation on the basis that it was fairer, more transparent and would not penalise substitute Members.

After being put to the meeting and a vote taken, the IRP’s recommendations were approved by Council.  Council approved the Members’ Allowances Scheme as now submitted.

RESOLVED – that (A) an increase of 1% in the basic and special responsibility allowances be supported;

(B)      the Chairmen of each revised Scrutiny Committee (from 5 to 2) each receive a payment of £6,400;

(C)      there be no change in the Carers and Dependents allowance;

(D)      there be an amendment to the provision in relation to mileage allowance from 0.45p for the first 50 miles to 0.45p for the first 10,000;

(E)      the provision relating to ‘out of district’ payments for journeys at 0.25 after the first 50 miles be discontinued;

(F)       there be an amendment to remove the requirement under approved duties at point 4 of Appendix 2 of the scheme to have prior approval for attendance at meetings;

(G)      the Members’ Allowance Scheme be subject to an in-depth review for 2018/19;

(H)      the payment of £270 to Members of Development Management Committee, cease; and

(I)        the proposed subsistence levels detailed in the report be implemented and that the subsistence scheme be amended by the inclusion of the sentence “the most cost effective” overnight accommodation.

It was moved by Councillor J Wyllie and seconded by Councillor M Freeman that Councillor K Warnell be appointed Vice-Chairman of the Council to hold office for the civic year 2017/18.

After being put to the meeting and a vote taken, Councillor K Warnell was appointed Vice-Chairman of the Council for the civic year 2017/18.

RESOLVED - that Councillor K Warnell be appointed Vice-Chairman of the Council and hold office for the civic year 2017/18.

The Vice-Chairman made the statutory Declaration of Acceptance of Office.  He thanked Members and looked forward to supporting the Chairman.

It was moved by Councillor P Ruffles and seconded by Councillor P Phillips that Councillor J Jones be elected Chairman of the Council to hold office for the civic year 2017/18.

After being put to the meeting and a vote taken, Councillor J Jones was elected Chairman of the Council for the civic year 2017/18.

RESOLVED - that Councillor J Jones be elected Chairman of the Council and hold office for the civic year 2017/18.

The Chairman made the statutory Declaration of Acceptance of Office, and took the Chair.

The Leader of the Council submitted a report seeking approval to adopt the Buntingford Community Area Neighbourhood Plan following the Referendum of 23 March 2017.  Council noted the outcome of the Referendum with an overall ‘yes’ vote of 1,268 against 82 who voted ‘no’.  Under the Planning and Compulsory Purchase Act 2004, the Council was now able to make the Neighbourhood Plan as more than half of those voting in the Referendum had voted in favour of the Plan being used to determine planning applications in the area. 

In response to a question from Councillor I Devonshire, the Chairman advised that the whole process from the early stages of preparing a plan had taken four years.

Council approved the recommendation now detailed.

RESOLVED – that the Buntingford Community Area Neighbourhood Plan, as detailed at Essential Reference Paper ‘B’ of the report submitted, be formally ‘made’ and used as part of the statutory Development Plan for the District.

Council was invited to consider a recommendation from the Human Resources Committee meeting of 19 April 2017 on the Pay Policy Statement 2017/18 and pay scale points for Directors.  The Chief Executive reminded Council that a Pay Policy Statement was required to be produced annually under the Localism Act 2011. 

Council approved the recommendations as now detailed.

RESOLVED – that (A) the Pay Policy Statement 2017/18 be approved; and

(B)      the pay scale points for Directors be approved.

Funding approval (in principle) for the purchase of new vehicles for the new waste contract (subject to contract evaluation and Executive approval on options)

RESOLVED – that Capital funding in the range of £3.5 million to £4 million for the purchase of vehicles required to deliver the District’s waste and street cleansing service from May 2018, be approved, subject to tender evaluation indicating that option provides a substantial saving to the Council.

(see also Minute 6)

Council considered a report seeking approval to a protocol whereby the payment of any New Homes Bonus (NHB) would be delayed for any ward(s) affected by a community governance review, until the review was complete.  The Chief Executive explained that, in order to ensure fairness in the allocation of NHB, where any area was undergoing a community governance review, the Council would hold in abeyance any NHB payments until the outcome of the community governance review was known and any payments would be backdated. 

In response to questions, the Chief Executive advised that two community governance reviews were outstanding and that the outcome of these reviews would be implemented for the 2019 elections. 

Councillor J Wyllie commented that, whatever the outcome of the community governance review in Bishop’s Stortford, only one Town Council would be involved and so the NHB payment need not be delayed.  The Chief Executive acknowledged this and suggested that in the absence of a form of words to agree now, the protocol could be amended to allow for the scenario detailed by Councillor J Wyllie.

Council approved the recommendation with this proviso.

RESOLVED – that any New Homes Bonus payments be held in abeyance for an area which is the subject of a Community Governance review until the outcome of the Community Governance review is complete, at which point, payments will be backdated and paid in line with the outcome of the review, subject to the proviso that the protocol could be amended to allow for the scenario detailed by Councillor J Wyllie.

The Head of Legal and Democratic Services submitted a report reviewing the Council’s decision-making structure.  She advised that Council was required to approve the size of the proposed committees and the allocation of seats to political groups.  Council noted that, following the outcome of the Datchworth & Aston by-election, one political group of 49 Members had been formed and its nominations to the seats on committees were detailed in the report now submitted.

The Head also referred to the proposed terms of reference for the two new scrutiny committees, which were detailed on Essential Reference Paper ‘C’ of the report now submitted, and referred to a typing error in paragraph 6.44, where the number of Standards Sub-Committee members should have read “four” and not “three”.

Council approved the proposals as now detailed.

RESOLVED – that (A) the following Scrutiny Committees, Regulatory Committees and Joint Committee be appointed, with the number of voting Members stated:

(B)      the membership of Scrutiny Committees, Regulatory Committees, the East Herts Council and Stevenage Borough Council Joint Revenues and Benefits Committee be as set out in Essential Reference Paper ‘D’ of the report submitted, with Members being appointed in accordance with the wishes of the political group to whom the seats on these bodies have been allocated, and Independent Member being appointed to Committees as now detailed;

(C)      the intention of the Leader of the Council to appoint 5 Members to the Executive (in addition to the Leader) with the portfolio responsibilities as detailed at Essential Reference Paper ‘B’ of the report submitted, be noted;

(D)      the programme of Council meetings, as detailed at paragraph 5.1 of the report submitted, be approved;

(E)      the Head of Legal and Democratic Services be authorised to make changes in the standing membership of committees and joint committee in (A) above, in accordance with the wishes of the political group to whom seats on these bodies have been allocated;

(F)       the action to be taken by the Head of Legal and Democratic Services, in consultation with the Leader, under delegated authority, concerning the appointment of representatives to outside bodies, be noted; and

(G)      the Monitoring Officer be authorised to make such amendments to the Council’s constitution as may be necessary to account for the decisions in (A) to (F) above.

Council considered a report reviewing the activities of outside bodies to which the Council appointed representatives.  The Chief Executive advised that this was the first report of its kind and would be submitted annually.  She also asked Council to note that appointments for 2017/18 would be finalised shortly.

RESOLVED – that the reports of Members, as now submitted, be received.