Agenda and minutes

Council
Wednesday, 6th March, 2019 5.30 pm

Venue: Council Chamber - Civic Centre. View directions

Contact: Elizabeth Jackson, Democratic Services Manager  Tel: 01423 500600 Email:  democraticservices@harrogate.gov.uk

Items
No. Item

76.

Apologies for Absence:

Minutes:

Apologies for absence had been received from Councillors Sam Gibbs, Nigel Middlemass, Tim Myatt and Andy Paraskos.

77.

Urgent Business:

To receive notice of any urgent business the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

There was no urgent business.

78.

Declarations of Interest:

Members to advise of any declarations of interest.

Minutes:

Councillor Rebecca Burnett declared an interest in respect of Minute 87/18(01) on the basis that she was employed by Transdev and left the room during the debate and vote on the item.

79.

Exempt Information:

To determine whether the exclude the press and public during the consideration of any exempt information items.

Minutes:

There was no exempt information.

80.

Minutes: pdf icon PDF 293 KB

of the meeting of 13 February 2019.

Minutes:

Moved by Councillor Richard Cooper Seconded by Councillor Graham Swift                                                                               

andRESOLVED:

 

That the Minutes of the meeting of the Council held on 13 February 2019 be approved as a correct record and signed by the Chair.

81.

Communications:

To receive such communications as the Chairman may desire to lay before the Council.

Minutes:

01.       Taekwondo Championships: The Mayor welcomed Mr Kambiz Ali of the K R Ali Taekwondo Academy to the meeting.  The Mayor thanked Mr Ali for his work on the Taekwondo Championships held at the weekend in Harrogate which had brought many visitors to the town.

 

02.       Harrogate Town Football Club:  The Mayor referred to Harrogate Town Football Club and thanked them for progressing well in the league which had resulted in an increase in visitors to the town.

 

03.       Raising of the Commonwealth Flag:  The Mayor advised that in line with previous year’s practice the Commonwealth flag would be raised at the Civic Centre on Monday 11 March.

 

04.       The Army Foundation College:    The Mayor advised that the Army Foundation College had indicated its intention to exercise its right to march through Harrogate town.  There would be a Freedom Parade on the morning of Sunday 19 May involving approximately 600 soldiers.

 

05.       Freedom Weekend:  The Mayor further announced that the weekend of 18 – 20 May 2019 would be a ‘Freedom weekend’ with a concert with the Tewit Band on Friday, a Military Band on Saturday and the Freedom Parade on Sunday.

 

06.       St George’s Day Dinner:  The Mayor advised that arrangements were being made for a St George’s Day dinner.

82.

Public Arrangements - Petitions:

To receive any petitions under Standing Order 26.

Minutes:

No petitions had been received.

83.

Public Arrangements - Questions:

To consider any questions under Standing Order 27.

Minutes:

The Mayor advised that he had received notification of one public question under Standing Order 27 and he invited the questioner to step forward and ask his question.

 

Question to the Leader from Mr Peter Lilley

 

I want to ask Coun Cooper a question in relation to the seriously under-performing Harrogate Convention Centre which operates under his chairmanship. In particular the recent decision to create a temporary role for the outgoing HCC director Simon Kent.

 

Mr Kent’s new post, which I’m assuming wasn’t openly advertised, appears to comprise a curious collection of responsibilities including leading the Council’s commercial strategy.

 

Since it’s been under Mr Kent’s leadership that the HCC has consistently failed to meet its financial objectives, this does seem a rather odd choice – and especially since he will only hold this role for seven months.

 

As for one of his other responsibilities, developing a new five-year destination management strategy for the district, it seems equally strange to have assigned this role to someone on such a short-term contract. Besides, one would have thought it was the responsibility of Coun Lumley and the Board and CEO of VisitHarrogate to develop such a strategy.

 

So can you provide some more detail please about Mr Kent’s new role and how you justify paying both him and his successor, Paula Lorimer, a pro-rata salary of nearly £100,000 a year at the very time when the Council is actively considering axing some of its lowest-paid staff?

 

Response:

 

It is disingenuous to refer to HCC as seriously underperforming.  HCC brings £50m to the local economy, supports thousands of jobs, and ensures the town remains lively and vibrant with many independent shops. 

 

I refer Members to a statement the Council issued on 14 January which featured in the Harrogate Advertiser on 19 January.  The statement answers the questions raised.

84.

Accountability of the Executive and Committee Chairs:

To receive any written or verbal questions from Members under Standing Order 12.

Minutes:

The Mayor advised that in accordance with Standing Order 12(9) seven written questions had been received which would, in accordance with the Standing Order, be dealt with as the first questions under this item. He would then invite verbal questions of the Executive Members and Committee Chairs from other Members of the Council.

 

Question to the Cabinet Member for Planning from Councillor Nick Brown

 

It has been the practice of the Planning Department to promptly publish, quarterly, Housing Land Supply figures. In keeping with this excellent transparency could you please inform me what the 5 year Housing Land Supply figure is for the quarter ending December 31st 2018 and at the same time, as Planning Officers in some of their Planning Application Reports to the Planning Committee often refer to a "marginal" Housing Land Supply figure as a reason for approval, can you also inform me, because as I understand it actual Council Members formulate policy in this Council, what your definition is of a " marginal" 5 year Housing Land Supply and at what point is a figure over 5 years not considered "marginal" ?

 

Response:

 

Thank you for your question.  In answering I'll reference an email conversation Councillor Brown and I had on 3rd February during which I answered the first part of his question.

 

We are required to update the five year land supply annually and the latest update of September 2018 has been deemed sufficiently recent by the Local Plan inspector for his purposes and for decision making. I have most recently provided an update to members quarterly, even though I don't have to do so. Due to the intense workload of the planning policy team over the period of the local plan examination, the next update will be provided after all the hearings have taken place.

 

Although the policy team are now engaged with the work that has been prescribed by the inspector at the hearings, I have asked for the calculation to be done. I plan to update members with a new five year land supply calculation next month.

 

In answer to the second part of Councillor Brown's question - since our September 2018 figure has been adjusted from 5.18 years to 5.56 years following the downwards adjustment of our housing need figure brought out through the Local Plan inspection, we are no longer referring to our five year land supply as marginal. This is consistent with case evidence from appeal decisions and that it the basis on which I have made the change. Planning committee members are aware of what this means for decision making and that advice can be seen in committee reports.

 

Question to the Cabinet Member for Housing and Safer Communities from Councillor Matthew Webber

 

Why are HBC tenants of the maisonettes on Newby Crescent not allowed to maintain and enhance their gardens whilst recent HBC tenants newsletters encourage the same residents to maintain their gardens?

 

Response:

 

Thank you for your question.  The communal area outside the maisonettes on Newby Crescent  ...  view the full minutes text for item 84.

85.

Memoranda of the Report from the Overview and Scrutiny Commission:

Minutes:

There were no such reports.

86.

Financial Update:

The Head of Finance to give a brief verbal presentation for the information of Members.

Minutes:

The Head of Finance presented a financial update, which provided an update on the financial position, an overview of the recent budget process and highlighted future issues.

 

2018/19

-           Forecast overspend of £1k at February Cabinet.

-           Overall very close to budget, however some significant variations.

-           Compares to £2.1m forecast underspend at Qtr3 last year.

 

2019/20

-           Council Tax resolution to be approved tonight:

-           Increases of NYCC 4.99%, Fire 2.99% and Police 9.86%

-           Along with HBC’s increase of 2.99%, the average is a 5.3% increase.

-           Key HBC Statistics since 2010:

-           £8.0m (67%) reduction in General Government Grant.

-           £7.1m (29%) reduction in the net budget.

 

Medium Term Outlook

-           £835k of savings and income identified in 2020/21 indicative budget.

-           Annual gaps of £0.8m each year after smoothing by Budget Transition Fund.

-           MTFS refresh to be undertaken for summer 2019.

-           Flexibility and long term planning is key.

-           Great uncertainty in respect of government funding from 2020/21 onwards.

-           Capital & Investment Programme: funding shortfall in medium term.

 

Government Consultations/Thinking

-           Spending Review 2019.

-           Fair Funding Review.

-           75% Business Rate Retention.

-           Implementation of above for 2020/21, through Local Government Finance Settlement in December 2019.

87.

Report back on Previous Notices of Motion:

In accordance with Standing Order 10(6)(a) to receive the following reports from Cabinet Members on the Notices referred from Council at its meeting held on 5 December 2018.

Minutes:

The Mayor advised that, in accordance with Standing Order 10(6)(a), there was one report to be considered at the meeting.

87(1)

Bus Service Provision: pdf icon PDF 214 KB

The Cabinet Member for Sustainable Transport to submit a written report.

Minutes:

The Mayor invited the Cabinet Member for Sustainable Transport, Councillor Phil Ireland, to introduce his written report on the Notice of Motion in the names of Councillors Pat Marsh and Chris Aldred requesting that the Council urgently call a meeting with NYCC to discuss the loss and development of vital bus services within the Harrogate District.

 

A meeting had taken place between the Cabinet Member and Councillors Marsh and Aldred to understand the issues in greater detail.  These issues related to accessibility and access to healthcare for residents of the area between Knaresborough Road and Hookstone Chase; an imbalance between the volume of bus services on Knaresborough Road and those directly serving residential areas and a request for joint lobbying by HBC and NYCC on relevant operators to reroute some services.  It was acknowledged that, whilst responsibility for bus service provision did not sit with the Council, HBC should be working with partners to promote improvements where possible.

 

It was agreed to arrange an officer meeting with NYCC public transport colleagues to discuss how a suggested reroute could be delivered and the HBC Strategic Transport Planner had agreed to report back to Councillors Marsh and Aldred.  Should discussions with NYCC be positive joint meetings would then be arranged with the bus companies. 

 

Councillor Pat Marsh thanked the Strategic Transport Planner for his work on this.

 

Moved by Councillor Phil Ireland         Seconded by Councillor Graham Swift

 

andRESOLVED:

 

That the report of the Cabinet Member for Sustainable Transport be accepted.

 

(Councillor Rebecca Burnett declared an interest and left the room during consideration of this item as described in Minute 78/18.)

88.

Minutes of Committees and Cabinet:

Minutes:

The Council resolved upon the various non-delegated Minutes of the Committees and Cabinet as follows:

88(1)

Cabinet - 2 January 2019: pdf icon PDF 136 KB

2 January 2019.  (Minutes 87/18 and 88/18 were dealt with by Council at its meeting held on 13 February 2018)

 

Minutes:

Moved by Councillor Richard Cooper                     Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That the Minutes of the meeting of the Cabinet held on 2 January 2019 be approved and adopted.

 

(Minutes 87/18 and 88/18 were resolved upon by the Council at its meeting held on 13 February 2019.)

 

88(2)

Cabinet - 6 February 2019: pdf icon PDF 140 KB

6 February 2019. (Minutes 97/18 and 100/18 were dealt with by Council at its meeting held on 13 February 2018)

 

Minutes:

Moved by Councillor Richard Cooper           Seconded by Councillor Graham Swift

 

andRESOLVED:

 

That the Minutes of the meeting of the Cabinet held on 6 February 2019 be approved and adopted.

 

(Minutes 97/18 and 100/18 were resolved upon by the Council at its meeting held on 13 February 2019.)

88(3)

Audit and Governance Committee - 9 January 2019: pdf icon PDF 112 KB

9 January 2019.

Minutes:

51/18 - TREASURY MANAGEMENT ANNUAL STRATEGY, ANNUAL INVESTMENT STRATEGY, PRUDENTIAL AND TREASURY INDICATORS, ANNUAL MINIMUM REVENUE PROVISION STATEMENT: 

 

This matter was also considered by the Cabinet at its meeting held on 6 February 2019.  The Cabinet Minute was the substantive recommendation and was dealt with under Minute 88/18(02) above.

 

89.

Notices of Motion Received: pdf icon PDF 199 KB

In accordance with Standing Order 10, the Head of Legal and Governance to submit Notices of Motion received.

Minutes:

The Mayor advised that there were two Notices of Motion before the Council.  The first in the names of Councillors Pat Marsh and Chris Aldred would be debated by the Council, in accordance with Standing Order 10(6)(f).  The remaining motion in the names of Councillors Philip Broadbank and Matthew Webber would, once moved and seconded, stand referred for consideration by the Cabinet Member for Resources, Enterprise and Economic Development.

 

(1)       "That this Council....

·         Declares a ‘Climate Emergency’.

·         Pledges to do everything within the Council's power to make the Borough of Harrogate carbon neutral by 2030, by committing to draft a plan within 6 months outlining how the Council intends to reach carbon neutrality.

·         Review progress on the action plan annually through the Council’s scrutiny process.

·         Calls on Westminster to provide the powers and resources to make the 2030 target possible.

·         Works with others partners across the Borough and Region to deliver this new goal, through all relevant strategies and plans and to determine and implement best practice methods to limit Global Warming to less than 1.5°C.

·         And calls on the Leader of the Council to write to North Yorkshire County Council urging them to recognise the climate emergency and take a lead, both in their own operations and in working with the Districts, to move as rapidly as possible to carbon neutrality.

 

Proposed by Councillor Pat Marsh                       Seconded by Councillor Chris Aldred

 

In accordance with Standing Order 10(6)(f) this motion was debated by the Council.

 

As an amendment it was

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

That the Notice of Motion be amended to read:

 

(1)       That this Council supports measures to address the climate emergency as outlined by the UN Intergovernmental Panel on Climate Change.  This council: 

·         Notes that the council adopted a carbon reduction strategy in 2018 to continue the reduction in carbon emissions from the council’s own operations and support carbon emission reductions in the district as a whole, and notes that the carbon emissions from council operations have reduced by 16% since 2013.

·         Acknowledges that our current plans are almost in line with the  UN Intergovernmental Panel on Climate Change’s target of a reduction in carbon emissions by 45 per cent by 2030.  Current plans and targets will be amended outlining how the Council intends to make the minor amendments necessary to reach the IPCC position and outline how the council intends to attain carbon neutrality.

·         Recognises that progress on carbon reduction is already reviewed annually in a report to the Cabinet Member for Sustainable Transport and this report has always been available for Scrutiny call-in which is a decision for that committee.

·         Congratulates the Conservative government on making powers and resources available to councils to make the IPCC’s 2030 target possible and seizes the opportunity the Government has provided to look at raising the energy efficiency standards in new homes through Supplementary Planning Guidance with the aim where possible of establishing the Passivhaus Standard as the norm  ...  view the full minutes text for item 89.

90.

Council Tax Resolution 2019/20: pdf icon PDF 273 KB

To calculate the Council’s own Council Taxes for 2019/20.  To set total amounts of Council Tax for the Council’s area for 2019/20.

Additional documents:

Minutes:

Before calling upon the Leader to move the Council Tax resolution for 2019/20 the Mayor reminded Members that, in accordance with the regulations issued in 2014 and, as a consequence, the Council’s own Standing Orders, it would be necessary for a recorded vote to be taken on the Council Tax resolution for 2019/20.

 

Moved by Councillor Richard Cooper                     Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That    (1)       COUNCIL TAX BASE: it be noted that on 18 December 2018 the Head of Finance calculated the following amounts for the year 2019/20 in accordance with regulations made under Section 31B(3) of the Local Government Finance Act 1992:

 

(a)      Whole of the Council’s Area
£62,460.71   
being the amount calculated, in accordance withRegulation 3 of the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, as its Council Tax Base for the year;

 

(b)      Parts of the Council’s Area
the amounts mentioned in Column 1 of Schedule A to this Resolution, being the amounts calculated, 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 may relate.

 

(2)         DISTRICT/PARISH COUNCIL TAX RATES: the following amounts be now calculated by the Council for the year 2019/20 in accordance with Sections 31A, 31B and 34 to 36 of the Local Government Finance Act 1992:

 

(a)      District/Parish Gross Expenditure
£126,156,559   being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2)(a) to (f) of the Act;

 

(b)      Income
£110,023,395   being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3)(a) to (d) of the Act;

 

(c)      District/Parish Net Expenditure
£16,133,164   being the amount by which the aggregate at 2(a) above exceeds the aggregate at 2(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its council tax requirement for the year;

 

(d)      Basic Amount of tax (including average parish precepts)
£258.29300  
being the amount at 2(c) above divided by the amount at 1(a) above, calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its Council Tax for the year;

 

(e)      Parish Precepts
£1,085,130  
being the aggregate amount of all special items referred to in Section 34(1) of the Act;

 

(f)           Basic Amount of Tax (Unparished Areas)
£240.92  
being the amount at 2(d) above less the result given by dividing the amount at 2(e) above by the amount at 1(a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates;

 

(g)      Basic Amount of Tax (Parished Areas)
the amounts mentioned in Column 2 of Schedule A to this Resolution, being the amounts given by adding to the amount at 2(f) above the amounts of the special  ...  view the full minutes text for item 90.

91.

Mayoralty 2019/20:

In accordance with Council Procedures, the Leader of the Conservative Group to advise of nominations for the Mayor and Deputy Mayor of the Borough for the Council year 2019/20.

Minutes:

In accordance with Council procedures, the Leader of the Conservative Group, Councillor Richard Cooper, submitted the nominations of Councillor Stuart Martin for Mayor of the Borough for the ensuing year, and Councillor Zoe Metcalfe as Deputy Mayor for the ensuing year.

 

Members warmly applauded the nominations and the Mayor added his own congratulations to the Mayor and Deputy Mayor elect.

92.

Publication of Local Pay Policy - Localism Act 2011: pdf icon PDF 388 KB

The Head of Organisational Development and Improvement to submit a written report. 

Minutes:

Moved by Councillor Richard Cooper      Seconded by Councillor Graham Swift

 

andRESOLVED:

 

That the report and recommendations of the Head of Organisational Development and Improvement, in connection with the publication of the Statement of Pay Policy for 1 April 2019 to 31 March 2020, as required by the Localism Act 2011, be approved and adopted.

93.

Common Seal:

To authorise the affixing of the Common Seal to the necessary documents for the purposes of carrying out the resolutions contained in the Minutes.

Minutes:

Moved by Councillor Richard Cooper          Seconded by Councillor Graham Swift

 

andRESOLVED:

 

That    (1)  the Common Seal of the Council be affixed to the Deeds and Documents necessary to carry out the resolutions confirmed and passed this day; and

 

            (2)  no deed shall be treated as being conditional upon Council proceeding until completion of a transaction relevant to any Deeds.