Agenda and draft minutes

To confirm as being a correct record the minutes of the meeting of Full Council held on 12 December 2023, and for them to be signed by the Chair.

RESOLVED that the minutes of the meeting of Full Council held on 12^th December 2023 be approved as being a correct record and are signed by the Chair.

To receive an update on the Chair’s activities since the last meeting.

Councillor Raj Khiroya spoke about the events that he had attended in his capacity as Chair of the Council.  These had included accompanying the High Sherrif of Hertfordshire on a tour of the District’s libraries, attending the Special Constables Attestation Event and participating in the flag raising service for Holocaust Memorial Day. 

The Chair announced that he had chosen to support two charities, Ovacome Ovarian Cancer and Friends of Prostate Cancer, during his year as Chair.

Council paid tribute to Councillor Amrit Medirrata who had passed away in December 2023 and held a minute’s silence. 

Note

Councillors Reena Ranger and Ian Morris left the meeting at 7:43pm.

To consider any petitions received by the Council under Procedure Rule 18.

It was noted that no petitions had been received by the Council under Procedure Rule 18.

To receive any questions from the public submitted under Procedure Rule 15 and to note the answers provided.

The Council received and noted the five questions submitted by members of the public under Procedure Rule 15 and their written responses.

The following supplementary question was asked by Mr Mike Sims in response to the written answer provided to his question.  We were assured that 98% of the Green Belt would be protected.  Of the 2% of Green Belt land being built on in Penn and Mill End what percentage is being built on and is it fair that 30% of the new homes are to be built in Penn and Mill End.

It was clarified that until planning applications were submitted it would not be possible to provide an exact percentage for the amount of Green Belt that would be built upon should the site come forward for development.  In addition, there were a number of planning restrictions associated with the sites detailed in the Local Plan Site Allocations which would further impact on any developments.  Of the homes that were to be built it was proposed that 40% were to be affordable homes including a percentage that were to be classified as being Rent in Perpetuity.

In respect of question 3 it was noted that the written response contained a typographical error and the police’s non emergency telephone number should have been stated as 101 not 111.

In respect of question 4 it was confirmed that it was not possible under the Council’s Constitution for someone to ask a supplementary question on behalf of the original questioner.  Notwithstanding this, it was agreed that if the original questioner’s written supplementary question was forwarded by email then a response could be provided. 

It was noted that the final sentence of the written answer to question 4 should have read ‘I clearly do not want that to occur’ instead of ‘I clearly want that to occur’.

To consider the Council’s financial position and set the Council budget for 2024/25.

Background papers:

·         Financial Planning – Revenue Services

·         Financial Planning – Capital Strategy and the Treasury Management Policy

·         Advice of the Monitoring Officer

·         Council Tax Support Scheme 2020/25

·         Budget Procedure Rules – Rule 17

Council considered draft budgets for the 2024/24 financial year proposed by the Liberal Democrat Group and the Green Group.

The Green Group’s budget was proposed by Councillor Chris Mitchell and seconded by Councillor Narinder Sian.

The Liberal Democrat Group’s budget was proposed by Councillor Keith Martin and seconded by Councillor Stephen Giles-Medhurst.

The Local Government Finance Act 2002 placed a statutory requirement on local authorities to set a balanced budget for each new financial year.  It was acknowledged that whilst the authority was operating in a difficult economic environment in setting the budget for 2024/25 financial year it was planned that all services provided in 2023/24 would be maintained into the new financial year, something that prudent financial management over many years had made possible.

In response to concerns that increasing charges for parking and green waste collections would impact on local residents and could be considered to be a reduction in services it was reported that parking permit fees had not been increased for a number of years and had they been increased in line with inflation over this time then there would have been a much greater increase over the years.  The original ambition for garden waste collections to be cost neutral still remained however rising fuel prices and increased staffing costs meant that progress towards this aim would be slower than originally anticipated.

It was clarified that the replacement of the Aquadrome bridge was being funded through Community Infrastructure Levy funding and as such could not be considered a revenue project.

Having debated both motions the Green Group’s budget was put to the vote.  As required in legislation a recorded vote was held and the outcome was:

FOR (2): Councillors Chris Mitchell and Narinder Sian.

AGAINST (18): Councillors Matthew Bedford, Ruth Clark, Harry Davies, Steve Drury, Stephen Giles-Medhurst, Tony Humphreys, Raj Khiroya, Chris Lloyd, David Major, Keith Martin, Sarah Nelmes, Kevin Raeburn, Paul Rainbow, Andrew Scarth, Roger Seabourne, Jonathon Solomons, Jon Tankard and Anne Winter.

ABSTAINING (10): Councillors Oliver Cooper, Stephen Cox, Andrea Fraser, Philip Hearn, Lisa Hudson, Joan King, Stephen King, Debbie Morris, David Raw and Ciaran Reed

Consequently the Green Group’s budget proposal fell.

The Liberal Democrat Group’s proposed budget was then put to the vote.  In accordance with legislation a recorded vote was held and the outcome was:

FOR (20): Councillors Matthew Bedford, Ruth Clark, Harry Davies, Steve Drury, Stephen Giles-Medhurst, Tony Humphreys, Raj Khiroya, Chris Lloyd, David Major, Keith Martin, Chris Mitchell, Sarah Nelmes, Kevin Raeburn, Paul Rainbow, Andrew Scarth, Roger Seabourne, Narinder Sian, Jonothon Solomons, Jon Tankard and Anne Winter.

AGAINST (0): None

ABSTAINING (10): Councillors Oliver Cooper, Stephen Cox, Andrea Fraser, Philip Hearn, Lisa Hudson, Joan King, Stephen King, Debbie Morris, David Raw and Ciaran Reed

Consequently, the Liberal Democrat budget proposal was carried.

RESOLVED that Council agrees the following actions:

a)            That the Medium Term Financial Strategy and Capital Programme, as presented to Policy and Resources on 29 January 2024, be approved subject to the following changes, note these are  ...  view the full minutes text for item 68.

This report reviews the Council’s general and special expenses.

Council considered a report reviewing the Council’s General and Special expenses categorisations under the Local Government Finance Act 1992 in respect of the parished and unparished areas of the district.

It was clarified that Batchworth Community Council was only recharged for the part of Watersmeet that was used as a community venue, they were not recharged for the whole cost of Watersmeet.

The motion to approve the Special expenses was proposed by Councillor Keith Martin and seconded by Councillor Sarah Nelmes.  In accordance with legislation a recorded vote was held and the results were:

FOR (20): Councillors Matthew Bedford, Ruth Clark, Harry Davies, Steve Drury, Stephen Giles-Medhurst, Tony Humphreys, Raj Khiroya, Chris Lloyd, David Major, Keith Martin, Chris Mitchell, Sarah Nelmes, Kevin Raeburn, Paul Rainbow, Andrew Scarth, Roger Seabourne, Narinder Sian, Jonathon Solomons, Jon Tankard and Anne Winter.

AGAINST (7): Councillors Oliver Cooper, Andrea Fraser, Philip Hearn, Lisa Hudson, Debbie Morris, David Raw and Ciaran Reed.

ABSTAINING (3): Councillors Stephen Cox, Joan King and Stephen King.

Consequently, the motion was carried.

RESOLVED that the Council confirms that it will apply the following resolution for special and general expenses for 2024/25:

 i.                that the following functions being either those provided equally across the district or incurring minimal expenditure be declared general expenses:

·        allotments;

·        litter, salt and dog bins;

·        highways, trees and roadside verges;

·        seats and shelters;

·        youth centres;

·        crime prevention;

·        land drainage;

·        footpath maintenance;

·        footpath lighting;

·        community arts;

·        off-street car park maintenance;

·        street naming;

·        Dial-A-Ride;

·        play-schemes

·        cemeteries

·        YMCA Woodlands building in Abbots Langley

·        The Centre, South

      ii.          that the following functions are declared special expenses:

·        Woodlands (apportioned on the basis of acreage) including the ranger at Leavesden Open Space and 50% of the Arboriculture and Landscape Officers’ costs

·        Community halls (including apportionment of Oxhey Hall);

·        Playing fields and open spaces (excluding water-based activities and maintenance met from commuted sums); based on the Grounds Maintenance contract.

·        Aquadrome Treated as 50% general expense and 50% special expense apportioned to the Batchworth Community Council.

·        Watersmeet (all costs except the pantomime charged to the unparished area and Batchworth Community Council as a community hall. The pantomime is treated as a general expense).

This report allows the Council to set the district element of the Council Tax for 2024/25. This includes the parish precepts.

Council considered a report setting out proposals for the District element of Council Tax for the 2024-24 financial year.

It was noted that the proposed amounts had been calculated in accordance with the formula set out in the Local Government Finance Act 1992 (as amended) taking housing numbers and rateable values into account.

A motion to approve was proposed by Councillor Keith Martin and seconded by Councillor Sarah Nelmes.  In accordance with legislation a recorded vote was held and the voting in respect of the motion was as follows:

FOR (20): Councillors Matthew Bedford, Ruth Clark, Harry Davies, Steve Drury, Stephen Giles-Medurst, Tony Humphreys, Raj Khiroya, Chris Lloyd, David Major, Keith Martin, Chris Mitchell, Sarah Nelmes, Kevin Raeburn, Paul Rainbow, Andrew Scarth, Roger Seabourne, Narinder Sian, Jonathon Solomons, Jon Tankard and Anne Winter.

AGAINST (0): None

ABSTAIN (10): Councillors Oliver Cooper, Stephen Cox, Andrea Fraser, Philip Hearn, Lisa Hudson, Joan King, Stephen King, Debbie Morris, David Raw and Ciaran Reed.

Consequently, the motion was carried.

RESOLVED that the following amounts be calculated for the year 2024/25, in accordance with Sections 31 to 36 of the Local Government Finance Act 1992:

being the amounts given by adding to the amount at (f) above the amounts of the special item or items relating to the dwellings in those parts of the Council’s area listed above divided by the council tax base, as the basic amounts of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate.

(h)       

This report allows the Council to set the Council Tax for 2024/25.

Council considered a report setting out proposed Council Tax rates for residents of the Three Rivers District area for the 2024/25 financial year.

It was noted that Council Tax was made up from precepts set by Hertfordshire County Council, Hertfordshire Police and the District Council.  Both Hertfordshire County Council and Hertfordshire Police had agreed their precept levels at meetings held during the week commencing 12^th February 2024.

It was confirmed that the budget had included an action for officers to review the Council Tax Support Scheme during the coming financial year to ensure it remained fit for purpose and did not disincentivise people from working.

The motion to approve the Council Tax for the 2024/25 financial year was proposed by Councillor Keith Martin and seconded by Councillor Sarah Nelmes.  In accordance with legislation a recorded vote was taken and the results were:

FOR (23): Councillors Matthew Bedford, Ruth Clark, Stephen Cox, Harry Davies, Steve Drury, Stephen Giles-Medhurst, Tony Humphreys, Raj Khiroya, Joan King, Stephen King, Chris Lloyd, David Major, Keith Martin, Chris Mitchell, Sarah Nelmes, Kevin Raeburn, Paul Rainbow, Andrew Scarth, Roger Seabourne, Narinder Sian, Jonathon Solomons, Jon Tankard and Anne Winter.

AGAINST (0): None

ABSTAIN (7): Councillors Oliver Cooper, Andrea Fraser, Philip Hearn, Lisa Hudson, Debbie Morris, David Raw and Ciaran Reed.

Consequently, the motion was carried.

RESOLVED that:

1.1                That it be noted that for the year 2024/25 the Hertfordshire County Council and the Police and Crime Commissioner for Hertfordshire have stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of dwelling shown below:

1.2                That, having calculated the aggregate in each case the Council in accordance with Section 30 (2) of the Local Government Finance Act 1992, hereby sets the following amounts as the amounts of Council Tax for the year 2024/25 for each of the categories of dwellings shown below:

Council considered a report setting out the Council’s proposed Pay Policy Statement for the 2024/25 financial year.

A motion to approve the Council’s Pay Policy Statement was proposed by Councillor Sarah Nelmes, seconded by Councillor Keith Martin, put to the vote and carried by general assent.

RESOLVED that the Council’s Pay Policy Statement for 2024 be approved.

NOTE

Councillor Jonothon Solomons left the meeting at 8.55pm and returned at 8.57pm

To consider the following recommendations arising from the meetings of the Policy and Resources Committee held on 4December 2023 and 29 January 2024:

4 December 2023

                 i.          Procurement Strategy

That the Procurement Strategy is approved and adopted by the Council.

29 January 2024

                ii.          Standards Procedures

That Council adopt:

a) The draft standards procedure at Annex 1.

b) The revisions to Part 2, Article 9 of the constitution at Annex 2.

               iii.          Recording of Private Meetings

That Council adopt:

a)The additional wording to the Protocol on Member/Officer Relations

b)The additional wording to the Member Code of Conduct detailed at Annex 2

Council considered a report setting out the recommendations arising from the meetings of the Policy and Resources Committee held on 4^th December 2023 and 29^th January 2024.

Procurement Strategy

It was noted that Appendix C had been omitted from the Strategy and it was agreed that this would be added before the Strategy was published.

A motion to approve the Procurement Strategy was proposed by Councillor Keith Martin, seconded by Councillor Sarah Nelmes, put to the vote and, subject to the addition of Appendix C to the Strategy, passed by common assent.

Amendment to the Constitution in respect of the Standards Procedure

A motion to approve the proposed amendments to the Council’s Standards Procedure was proposed by councillor Sarah Nelmes, seconded by Councillor Keith Martin, put to the vote and carried by common assent.

Amendment to the Constitution in respect of the Recording of Private Meetings

Council was informed the recent recording of a private briefing without the consent of the attendees it was considered to be a clear breach of trust.  As such it was considered necessary to incorporate additional guidance into the Council’s Constitution to prevent a recurrence at a future date.  Assurance was also sought from the councillor in question as to whether all recordings of the briefing had been destroyed.

A motion to approve the proposed amendments to the Member/Officer Protocol and member Code of Conduct concerning the recording of private meetings was proposed by Councillor Keith Martin, seconded by Councillor Sarah Nelmes, put to the vote and carried by common assent.

RESOLVED that:

      i.        The Procurement Strategy by adopted.

     ii.        The Council’s Constitution concerning a revised Standards Procedure be updated.

    iii.        The proposed amendments to the Member/Officer Protocol and Member Code of Conduct for the Recording of Private Meetings be incorporated into the Council’s Constitution.

NOTE

Councillor Anne Winter left the meeting at 9.15pm and returned at 9.16pm.

The Local Authority Housing Fund (LAHF) was announced in December 2022 and is a project aimed at providing longer term accommodation for Afghan and Ukrainian families (LAHF1) and just Afghan families (LAHF2) who have arrived in the UK via various resettlement schemes. Full Council received a report in February 2023 which provided more detail about the scheme, the funding criteria and the proposals for how the Council intends to utilise the LAHF funds to provide homes in our District. The LAHF fund is administered by the Department for Levelling Up, Housing and Communities (DLUHC). A further Full Council report detailing the proposed disposal of three former garage sites for development was discussed and approved in December 2023.

Council considered a report setting out proposals for the acquisition of residential units and the settling of ground rents through the Local Authority Housing Fund (LAHF) to meet the Council’s stated obligations in respect of providing longer term accommodation for Afghan and Ukrainian families (LAHF1) and just Afghan families (LAHF2) who have arrived in the UK via various resettlement schemes.

A motion to approve the proposed property acquisitions and ground rent settlements was proposed by Councillor Sarah Nelmes, seconded by Councillor Andrew Scarth, put to the vote and carried by common assent.

RESOLVED that:

       i.          the update report and the current progress of the LAHF scheme in the District is noted

      ii.          the principle of the acquisition of between 7no. & 12no. new-build units within the District and the subsequent proposed management arrangements as discussed within the report is approved.

     iii.          the principle for considering an offer for the payment of a single capital sum in connection with the ground rent settlement as proposed by the Leaseholder is approved.

    iv.          the final details of the proposed acquisition and ground rent settlement is delegated, as may be necessary, to the Policy & Resources Committee.

      v.          the intended use of the allocated capital programme funds to be invested into the LAHF scheme, including in the including in the event that TRDC receives a further allocation of funds as discussed within the report in noted.

NOTE

Councillor Steve Drury left the room at 9.21pm

The following report looks to review, and propose changes to the Constitution following the restructure of the Council’s Senior Leadership Team.

Council considered a report setting out proposed changes to the constitution following a restructuring of the Senior Leadership Team.

A motion to approve the proposed changes was moved by Councillor Sarah Nelmes, seconded by Councillor Stephen Giles-Medhurst, put to the vote and carried by common assent.

RESOLVED that:

       i.          The staffing structure as set out in paragraphs 3.3 to 3.5 of the report be noted

      ii.          The Statutory Officer allowance to the Monitoring Officer of £5,000 is noted

     iii.          The establishment of the Deputy Monitoring Officer allowance of £1,000 is noted

And that, subject to the agreement of the budget proposals:

       i.          The update to the Constitution as outlined in Appendices 1, 2 and 3 of the report is agreed

      ii.          The Monitoring Officer role is agreed as being a Chief Officer post.

Note

Councillors Rue Grewal and Ian Morris returned to the room at 9.22pm

Council considered a report setting out the Council’s draft Service Plans for 2024-27.

It was noted that the Property and Major Projects Service Plan contained an error on page 3, when the adoption of Shepherds Lane had been specifically referenced instead of general sites.  This error would be corrected in the final version of the service plan.

A motion to adopt the service plans was moved by Councillor Stephen Giles-Medhurst, was seconded by Councillor Sarah Nelmes, put to the vote and carried by common assent.

RESOLVED that, subject to the amendment set out above, the final Service Plans 2024-2027 be agreed.

NOTE

Councillors Steve Drury returned to the room at 9.23pm

Councillor Andrea Fraser left the room at 9.23pm and returned at 9.25pm

This report summarises the outcomes of the statutory review of the Polling Places in the Three Rivers area.

Council considered a report setting out a recommendation from the Regulatory Services Committee that authority be delegated to the Returning Officer to make changes to the location of polling stations in the event of polling station being unexpectedly unavailable in the run up to an election.

It was confirmed that the location and suitability of the District’s polling places were regularly reviewed outside the statutory review cycle to ensure that all venues used were appropriate and that reviews of district wards and polling places could be conducted on an individual basis and not as part of the statutory 5-year review of polling places

A motion approving the proposed delegation was proposed by Councillor

Matthew Bedford, seconded by Councillor Anne Winter put to the vote and carried.

RESOLVED that Authority be delegated to the Returning Officer, in consultation with the relevant ward members and local election agents, to make any necessary amendments to polling places to enable changes to be made at short notice should a polling place not be available at the time an election was called.

The Localism Act 2011 places a statutory duty on the Authority to promote and maintain high standards of conduct by its elected and co-opted members. The Act requires the Authority to have local arrangements to handle any misconduct complaints including the appointment of Independent Persons.

Council considered a report seeking approval to extend the term of office for the current Independent Person Mr Kenneth Lee and appoint Mrs Tracey Heather as a second Independent Person.

A motion to approve the proposals was moved by Councillor Sarah Nelmes, seconded by Councillor Stephen Giles-Medhurst, put to the vote and carried.

RESOLVED that pursuant to the requirements of the Localism Act 2011:

       i.          Mr Kenneth Lee be reappointed to the position of Independent Person for a four year period to 31 October 2028.

      ii.          Mrs Tracy Heather be appointed to the position of Independent Person for a four year period to 31 October 2028.

To note changes to the membership of the Licensing and Regulatory Services Committees.

Council considered a report setting out a review of the proportionality of the Council’s committees following a change in the composition of the Council’s political groupings.

Councillor Sarah Nelmes proposed that Councillor Harry Davies be appointed to the vacant Liberal Democrat Group seats on both the Licensing and Regulatory Committee and that Councillor Tony Humphreys was appointed Chair of the two Committees.  The motion was seconded by Councillor Stephen Giles-Medhurst.

During the subsequent debate it was stressed that the Regulatory and Licensing Committees were cross party committees which had been well chaired by Councillor Roger Seabourne over the course of the municipal year to date.  With Councillor Seabourne’s term of office due to come to an end in May it was questioned why there was a need to change the chair at this stage of the municipal year.  It was clarified that only political groups were automatically entitled to seats on committees; as Councillor Seabourne was the only independent councillor then he was not automatically entitled to a seat on any committee.  In the event that a seat on a committee was to be made available to Councillor Seabourne then in order to maintain correct political proportionality across all committees the Conservative Group would have to lose a seat on the Audit Committee which could then be given to Councillor Seabourne.

Councillor Oliver Cooper subsequently moved the following proposed amendment to the motion that:

   i.          the Conservative Group would give up a seat on the Licensing and Regulatory Committees reducing the number of seats held by the Conservative Group on each committee from three to two.

  ii.          the independent councillor, Councillor Roger Seaborne be appointed to the now vacant seats on the Licensing and Regulatory Committees.

iii.          Councillor Roger Seaborne be appointed to the position of Chair of the Licensing and Regulatory Committees.

Councillor Cooper’s amendment was seconded by Councillor Stephen Cox, put to the vote and carried.  Councillor Sarah Nelmes subsequently withdrew the Liberal Democrat Group nomination of Councillor Tony Humphreys to the position of Chair of the Licensing and Regulatory Committees.

RESOLVED that:

       i.          Councillor Harry Davies be appointed to the vacant Liberal Democrat seat on the Regulatory and Licensing Committees.

      ii.          the Conservative Group give up one seat on the Licensing and Regulatory Committees reducing the number of seats held by the Conservative Group on each committee from three to two.

     iii.          the independent councillor, Councillor Roger Seaborne be appointed to the vacant seats on the Licensing and Regulatory Committees.

    iv.          Councillor Roger Seaborne be appointed to the position of Chair of the Licensing and Regulatory Committees

To receive written reports from the Lead Members on activities falling within their remit since the last meeting of Full Council.

·        Leader’s report

·        Economic Development and Planning Policy

·        Public Services

·        Housing, Wellbeing and Health

·        Leisure

·        Sustainability and Climate Change

·        Community Partnerships

·        Resources

Council received the reports of the Leader and Lead Members.

It was noted that the District would be celebrating the fiftieth anniversary of its creation during 2024 with various events including an exhibition of the District’s history.

It was clarified that the theme of Holocaust Memorial Day commemorations had reflected the themes endorsed by the Holocaust Memorial Day Trust.

In accordance with Part 4, Rule 1, Paragraph 7 of the Council’s Constitution the meeting concluded at 10.30pm.  In accordance with part 4, Rule 6, paragraph 3 of the Council’s Constitution all remaining items on the agenda fell and were not considered.

Meeting concluded.