Agenda and minutes

To receive apologies for absence, if any.

Apologies for absence were received from CouncillorsJ.Boulton, S.Boulton, C.Gillett, L.Sparks and H.Quenet.

To confirm as correct records the Minutes of the annual meeting of the Council on 23 May (circulated previously) and the special meeting on 14 June 2016 (circulated separately).

The Minutes of the annual meeting of the Council held on 23 May and the special meeting on 14 June 2016 were confirmed as correct records and signed by the Chairman.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

Councillors L.Chesterman, M.Cook, M.Cowan, S.Johnston and P.Zukowskyj declared non – pecuniary interests in items on the Agenda as appropriate as Hertfordshire County Councillors, Councillors J.Broach and P.Zukowskyj declared non – pecuniary interests as employees of the University of Hertfordshire and Councillor T.Bailey declared a non – pecuniary interest as a shareholder/employee of Ocado.

The Monitoring Officer, Director (Governance) advised that Members has been granted a dispensation in respect of the Agenda item on the Members’ Allowances Scheme (Minute 10 refers).

To receive any announcements from the Mayor, Leader of the Council, Member of the Cabinet or the Head of Paid Service.

1.         Jo Cox

The Mayor asked the Council to stand for a minute’s silence to honour the memory of Jo Cox.

2.         Garden Party

The Mayor announced that her garden party held on Saturday 2 July 2016 at Mill Green Mill and Museum in honour of the Queen’s 90^th birthday raised over £500 for her charity.

For a period of up to thirty minutes, a Member of the Council who has given prior notice in accordance with Council Procedure Rule 45, may ask (a) the Mayor, (b) the Leader of the Council or (c) a Member of the Cabinet a question on any matter in relation to which the Council has powers or duties or which affects the Borough.

Details of questions received in accordance with Procedure Rule 45 will be tabled at the meeting.  A Member asking a question under Rule 44 may ask, without giving notice, one supplementary question of the Member to whom the first question was asked.  The supplementary question must arise directly out of the reply.

1.         Question to the Leader Councillor John Dean from Councillor Glynn Hayes

“With reference to the local plan, Hatfield site 2 has recently been absolutely ruled out for both the short and long term by Conservative members.

With that in mind, to come close to our OAN (objectively assessed need) this Council will require both Hatfield site 1 and Hatfield site 15 to be approved in the final plan. 

So can the Leader assure myself and the residents of the Borough that this is not just a tick in the box exercise and that all comments received during the public consultation will be given the correct attention they require and that should the comments hold merit, the plan will be adjusted or tweaked accordingly?”

Councillor M.Perkins, Executive Member, Housing, Planning and Community responded:

“The next consultation is known as the formal Regulation 19 consultation which relates to the soundness of the plan. The issues raised during the consultation will need to be considered by, not only Cabinet Housing and Planning Panel and Cabinet, but the Council as well which will consider whether any modifications need to be made before the plan is submitted. I expect all Councillors to give full consideration to the evidence supporting the Local Plan and all consultation responses. Any representations made at this stage will also be forwarded to the Planning Inspector for consideration at the public examination of the plan.”

In reply to a follow–up question about consultation, Councillor Perkins had confidence that there were two vigorous exercises which had significantly raised awareness about sites like this.

2.         Question to the Leader Councillor John Dean from Councillor Kieran Thorpe

“With regards to the local plan, I note Welwyn Garden City fire station is expected to yield local employment opportunities and Hatfield fire station is expected to yield 33 homes.

Over two years ago this Council passed a motion to strenuously object to the combining of these fire stations and a reduction in the fire service coverage.

Could the Leader therefore update this Council on how strenuous the objections have been so far?”

Councillor M.Perkins, Executive Member, Housing, Planning and Community replied:

“As far as we are aware and in response to my questioning the Executive Member for the Fire Service, Hertfordshire County Council is still considering its options on how best to make provision for a fire service fit for the 21^st century. There are no immediate proposals that have come to our attention from the County Council to close either station, and the delivery of the Hatfield site has been pushed back to the latter part of the plan period at the request of the County Council.

So I would assure Members that our objections have been made clear to the County Council by means of our previous motion, and it would appear that they are taking some further time to consider all the options available to them.  When more definite plans are made known to us, they will  ...  view the full minutes text for item 7.

To consider recommendations from the meeting of the Cabinet on 14 June 2016 (attached).

The Council considered the following recommendations from the Cabinet meeting on 14 June 2016 –

It was a requirement of the Food Standards Agency that each local authority drew up documents and implemented a food safety service plan which was approved by Members.

The Cabinet considered the recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 and it was moved by Councillor B.Sarson, seconded by Councillor J.Dean and

RESOLVED:

That the Food Safety Service Plan for 2016/17 be adopted.

As an enforcing authority for the Health and Safety at Work etc Act 1974, it was necessary for the Council to produce a service plan which was agreed with Members dealing with the Council’s role as a health and safety regulator and not as an employer.

The Cabinet considered the recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 and it was moved by Councillor B.Sarson, seconded by Councillor J. Dean and

RESOLVED:

That the Health and Safety Service Plan for 2016/17 be adopted.

The Cabinet considered the recommendation from the meeting of the Environment Overview and Scrutiny Committee on 4 April 2016 on the approval of an updated recycling collections policy with the removal of the use of orange sacks for missed bins and it was moved by Councillor H.Bromley, seconded by Councillor J. Dean and

RESOLVED:

That the updated recycling collections policy with the removal of the use of orange sacks for missed bins be adopted on the basis that this part of the policy had served its purpose.

To consider the following recommendation from the meeting of the Committee on 4 July 2016 (to be circulated separately).

The Council considered the following recommendation from the Environment Overview and Scrutiny Committee on 4 July 2016 –

The Committee considered a recommendation from the Director (Finance and Operations) that the Council’s Environmental Enforcement Strategy, which was first introduced in March 2007, be used to implement the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came into force on 9 May 2016 to enable the issue of “Fixed Penalty Notices” (FPNs) for fly tipping offences and to pursue misdemeanours in court and it was moved by Councillor H.Bromley, seconded by Councillor J. Dean and

RESOLVED:

(1)          That the addition of a Fixed Penalty Notice “FPN” for fly tipping offences as provided for by the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 to the current offences for which “FPNs” were issued after investigation(s), to individual(s) who the investigating Officer(s) concluded were not regularly fly tipping offender(s) or were part of criminal activity, be approved.

(2)          That the level of penalty be set at £300 or a reduced penalty of £180 if the “FPN” was paid within ten days.

(3)          That “FPN”s be issued by current authorised Officers (Community and Environment Officers and Street Wardens).

Report of the Chief Executive considering the recommendations from a review of Members’ allowances by the Independent Remuneration Panel.

Report of the Chief Executive considering the recommendations from a review of Members’ allowances by the Independent Remuneration Panel.

It was moved by Councillor J.Dean and seconded by Councillor M.Perkins that the recommendation in the report be approved.

An amendment with the additional wording to the recommendation in the report “but being mindful of the continuing extremely low pay rises to staff and likely future squeezes on the public sector, no allowance should rise by more than 10% per year, until the recommended levels are reached” was moved by Councillor M.Cowan, seconded by Councillor P.Zukowskyj and lost on being put to the vote (4 voting For).

RESOLVED:

That the Council adopts the recommendations from the meeting of the Independent Remuneration Panel on 21 January 2016 (as slightly amended), but that the changes to the allowances be brought in with immediate effect from 1 July 2016 rather than phased over two years.

In accordance with the Council Procedure Rule 92(a) five Members present demanded by standing up that the vote be recorded.  The vote was recorded as follows:-

VOTING FOR

22 –      J.Beckerman, D.Bell, D.Bennett, H.Bower, H.Bromley, J.Cragg, I.Dean, J.Dean, B.Fitzsimon, K.Holman, S.Johnston, T.Kingsbury, P.Mabbott, S.Markiewicz, G.Michaelides, H.Morgan, N.Pace, M.Perkins, B.Sarson, M.Spinks, F.Thomson, R.Trigg

VOTING AGAINST

19 –      T.Bailey, R.Basch, H.Beckett, M.Birleson, L.Brandon, J.Broach, A.Chesterman, L.Chesterman, M.Cook, M.Cowan, J.Fitzpatrick, G.Hayes, M.Holloway, M.Larkins, S.Roberts, P.Shah, K.Thorpe, P.Weston, P,Zukowkyj

ABSTENTION

1 –     N.Taylor

Report of the Director (Governance) proposing updates to the Constitution.

Report of the Director (Governance) proposing updates to the Constitution.

It was moved by Councillor R.Trigg, seconded by Councillor J.Dean and 

RESOLVED:

(1)       That the Council agrees amendments to the Constitution relating to planning and estate management matters, new public health legislation and Officer delegated powers for revenues and benefits.

(2)       That the Director (Governance) and Monitoring Officer be authorised to amend the Constitution to include these changes.

To consider notices of motions submitted under Procedure Rule 49 in such order as the Mayor shall direct.  Details of motions received by the deadline of 12noon on 4 July 2016 will be circulated separately.

1.         The following motion was proposed by Councillor M.Cowan and seconded by Councillor R.Basch and UNANIMOUSLY agreed, subject to the addition of the word “reasonable” between the words “and” and “resources” in the second paragraph.

“We are proud to live in a diverse and tolerant society. Racism, xenophobia and hate crimes have no place in our Country.  We Welwyn Hatfield Borough Council condemn racism, xenophobia and hate crimes unequivocally. We will not allow hate to become acceptable.

Welwyn Hatfield Borough Council will work to ensure local bodies and programmes have support and reasonable resources needed to fight and prevent racism and xenophobia.

We reassure all people living in the Borough that they are valued members of our community.”

2.         The following motion was proposed by Councillor M.Cowan,seconded by Councillor P.Zukowskyj and LOST (18 voting For, 22 voting Against and 1 Abstaining).

“This Council is concerned about the poor and declining standards of grounds maintenance carried out by Serco, and the frequency of resident complaints about bin collections. It therefore resolves to set up an all-party working group specifically to investigate and then recommend steps to improve these, to restore greater confidence among our residents.”

3.         The following motion was proposed by Councillor J.Fitzpatrick, seconded by Councillor K.Thorpe and LOST (15 voting For, 23 Against and 4 Abstaining).

“This Council acknowledges:

·                The critical role of scrutiny committees in overseeing the good Governance of this Council

·                The vital importance that all Council operations are open and transparent

·                That all Members of this Council have a vital role as representatives of the residents of Welwyn Hatfield

·                The image and reputation of politics is currently poor and needs to be addressed

·                That democracy is paramount, regardless of the particular political persuasion of any controlling party (or parties)

In order to positively address the above issues, this Council resolves that:

·                Scrutiny committees will not include cabinet or lead members in their make up

·                Chair and Vice-Chair roles will be selected from elected opposition parties or groups and in proportion to the number of elected members of each opposition group

·                Cabinet will ensure, wherever possible, that all decisions and actions are open to call-in for scrutiny across relevant committees

·                In the event that it is not possible to make a decision open to scrutiny, Cabinet will communicate its reasons and make clear the information used in order to reach a decision to the relevant committee.”