Agenda and minutes

Special Council, Council
Monday 25th February 2019 7.30 pm

Venue: Council Chamber, Council Offices, The Campus, Welwyn Garden City, Herts, AL8 6AE

Contact: Graham Seal 

Items
No. Item

58.

APOLOGY

To receive apologies for absence, if any.

Minutes:

An apology for absence was received from Councillor J.Fitzpatrick.

59.

MINUTES

To confirm as a correct record the Minutes of the meeting held on 4 February 2019 (previously circulated).

Minutes:

The Minutes of the Council meeting held on 4 February 2019 were confirmed as a correct record and signed by the Mayor.

60.

DECLARATIONS OF INTERESTS BY MEMBERS

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

Minutes:

Councillors S.Boulton, L.Chesterman and P.Zukowskyj declared non-pecuniary interests in items on the Agenda as appropriate as Members of Hertfordshire County Council.

61.

COUNCIL TAX SETTING 2019/20 pdf icon PDF 101 KB

Report of the Corporate Director (Resources, Environment and Cultural Services) on the Council Tax setting 2019/20.

Additional documents:

Minutes:

Report of the Corporate Director (Resources, Environment and Cultural Services) on the Council Tax setting 2019/20.

 

RESOLVED:

(33 voting for and 14 against)

 

Voting FOR: D.Bell, J.Boulton, S.Boulton, H.Bower, H.Bromley, J.Caliskan, M.Cowan, J.Cragg, S.Elam, B.Fitzsimon, C.Gillett, S.Glick, P.Hebden, K.Holman, T.Jackson-Mynott, S.Kasumu, T.Kingsbury, R.Lass, P.Mabbott, S.Markiewicz, G.Michaelides, T.Mitchinson, N.Pace, H.Quenet, A.Rohale, B.Sarson, JP.Skoczylas, P.Smith, F.Thomson, S.Thusu, R.Trigg, S.Wrenn, P.Zukowskyj

 

Voting AGAINST: M.Birleson, J.Broach, A.Chesterman, L.Chesterman, M.Cook, G.Hayes, M.Holloway, M.Larkins, T.Lyons, L.Musk, S.Roberts, P.Shah, K.Thorpe, J.Weston

 

(1)   That it be noted that the 2019/20 General Fund budget as approved by the Council meeting on 4 February 2019 is shown in Appendix A.

 

(2)   That it be noted that at the Cabinet and Council meetings on 8 January and 4 February 2019 respectively, the following amounts for the year 2019/20 were agreed in accordance with regulations made under Section 31B of the Local Government Finance Act 1992, as amended (the “Act”).

 

(a)     The gross 2019/20 Tax base for the Borough is 42,142.6 equivalent Band D properties before the application of a collection rate.

 

(b)     41,889.6 being the amount calculated by the Council, in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 (the Regulations), as its Council Tax Base for the year 2019/20; including deductions for council tax support and a collection rate of 99.4%.

 

(c)     Part of the Council's Area being the amounts calculated by the Council, in accordance with Regulation 6 of the Regulations, as the amounts of its Council Tax Base for the year for dwellings in those parts of its area to which one or more special items relate;

 

 

100% TAXBASE

99.40% TAXBASE

Welwyn Garden City

17,197.3

17,094.1

Hatfield

11,663.4

11,593.4

Welwyn

4,645.0

4,617.1

Ayot St Lawrence

70.5

70.1

Ayot St Peter

115.8

115.1

North Mymms

4,409.9

4,383.4

Essendon

433.2

430.6

Northaw &Cuffley

3,075.6

3,057.1

Woolmer Green

531.9

528.7

 

 

 

Total

42,142.6

41,889.6

 

(3)   In accordance with the statutory legislation the Council resolved:

 

(4)   That the following amounts be calculated by the Council for the year 2019/20 in accordance with sections 31 - 36 of the Local Government Finance Act 1992. 

 

(a)     £145,137,458 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act, taking into account all precepts issued to it by Parish Councils.

 

(b)     £134,599,866 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

 

(c)     £10,537,592 being the amount by which the aggregate at 4(a) above exceeds the aggregate at (4)(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year.

 

(d)     £251.56 being the amount at 4(c) above, all divided  ...  view the full minutes text for item 61.

62.

PAY POLICY STATEMENT 2019/20 pdf icon PDF 68 KB

Report of the Corporate Director (Public Protection, Planning and Governance) recommending approval of the Pay Policy Statement for the period 2019/20.

Additional documents:

Minutes:

Report of the Corporate Director (Public Protection, Planning and Governance) recommending approval of the Pay Policy Statement for the period 2019/20.

 

Section 38(1) of the Localism Act 2011 required English and Welsh local authorities to produce a Pay Policy Statement for each financial year.

 

The legislation required the Pay Policy Statement to cover disparate aspects of Remuneration Policy.  For this reason, the Joint Negotiating Committee strongly recommended local authorities to use the opportunity to set out their overall rewards strategy for the whole workforce and not to limit themselves to matters specifically required by the Act and statutory guidance.  Consequently, the policy document was designed to extend beyond legal requirements and be more transparent about all aspects of remuneration.

 

The Council agreed that an updated paragraph 7.2 as set out below be included on page 4 of the Statement (page 20 of the Agenda pack) :-

 

“7.2. The Chief Executive also receives a Returning Officer fee in respect of Borough and Parish Council Elections. These fees are currently £317 for each contested ward and £80 for each uncontested ward, and £262 for each contested Town/Parish ward and £66 for each uncontested Town/Parish ward. If a Town/Parish ward is contested along with a Borough ward the fee is £368 for the first Borough ward that is combined with a Parish ward election where one Borough Councillor is being elected.  Fees for conducting Parliamentary Elections, Referendums, European and Police and Crime Commissioners are determined by way of a Statutory Instrument”.

 

It was moved by Councillor F.Thomson, seconded by Councillor T.Kingsbury and

 

RESOLVED:

 

That the Pay Policy Statement for the period 2019/20 be approved subject to the inclusion of an updated paragraph 7.2 of the statement as agreed at the meeting.

63.

REVIEW OF THE COUNCIL'S CONSTITUTION pdf icon PDF 81 KB

Report of the Monitoring Officer on review of the Council’s Constitution.

Additional documents:

Minutes:

Report of the Monitoring Officer on the review of the Council’s Constitution.

 

The cross-party Constitutional Review Group met on 14 August 2018, 9 January and 14 February 2019. The work of the Group to date was set out in the report.

 

The Constitution Review Group was able to consider and make detailed comments and proposals on a number of rules and procedures within the Constitution.

 

Some of the proposed changes would have to be submitted to the Annual Council meeting and subject to its approval, take effect after that meeting whilst others could take immediate effect, subject to the Council’s approval and were set out for consideration and agreement at this meeting.

 

It was important to note that the Constitution was a living document and continuous review was required to keep it up to date and fit for purpose and the duty to do so was an ongoing one.

 

It was moved by Councillor T.Kingsbury and seconded by Councillor D.Bell that the recommendations in the report be approved.

 

It was then moved by Councillor J.Broach and seconded by Councillor L.Musk that the proposed amendment and operational change to the Constitution in respect of planning “Call-in” procedures in the Local Code of Guidance for Members and Officers involved in Planning matters be removed.

 

Following discussion during which Members raised issues about the review and advice from the Monitoring Officer, the Mayor proposed that the item be deferred for further consideration by the Constitution Review Group and this was agreed by the Council.

 

No further debate took place and it was

 

RESOLVED:

 

That the review of the Constitution be deferred for further consideration by the Constitution Review Group.

64.

MATTER ARISING FROM COMMITTEE

To consider a recommendation from the meeting of the Standards Committee on 11 February 2019:-

Minutes:

The Council considered a recommendation from the meeting of the Standards Committee on 11 February 2019:-

64a

Surveillance Update 2018 pdf icon PDF 51 KB

Additional documents:

Minutes:

The Standards Committee received an update on the Council’s policy and use of surveillance powers noting the use of surveillance powers and agreeing the revised Policy.

 

It was moved by Councillor F.Thomson, seconded by Councillor T.Kingsbury and

 

RESOLVED:

 

That the revised Policy in Appendix A to the report of the Corporate Director (Public Protection, Planning and Governance) to the meeting of the Standards Committee on 11 February 2019 be adopted.