Agenda, decisions and minutes

The minutes of the meeting held on 5 November 2020 are attached for confirmation and signature as a correct record.

The minutes of the meeting held on 5 November 2020 were agreed and confirmed and signed as a correct record.

None received.

To declare disclosable pecuniary or any other interests. 

Councillor Farmer declared a non-pecuniary interest with regard to item 78.

The Chairman announced the following Executive Decisions that had been made as a matter of urgency.

1        Proposal for three Christmas Markets in December on the Birchayes Car Park in Fleet starting on Saturday, 5 December 2020.

2        To waiver parking charges in all Council car parks to support Small Business Saturday on 5 December 2020.

3        To waiver parking charges in Monachus Lane, Hartley Wintney car park between 4pm-8pm on Thursday, 10 December 2020.

None.

To note the Minutes of the meeting held on 8 October 2020.

The Minutes of the meeting held on 8 October were noted.

To note the Minutes of the meeting held on 15 October 2020.

The Minutes of the meeting held on 15 October 2020 were noted.

To note the Minutes of the meeting held on 3 November 2020.

Members were informed that the Working Group is continuing to make good progress and on track to provide a report for Overview & Scrutiny in January. A question raised at Overview & scrutiny Committee reference the possible inclusion of Fleet High Street in the Civic Regeneration Project.  It was confirmed that the current project is only to be focused on the Civic Quarter. Further, it was confirmed that a question raised at Cabinet in November, with reference to the effectiveness of the cross-party Working Group, had been debated by the Working Group at its December meeting and all parties had confirmed the Group was working well. 

The Minutes of the meeting held on 3 November 2020 were noted.

To advise Cabinet of the position on revenue and capital expenditure at the end of September.

Cabinet were advised of the position on revenue and capital expenditure at the end of September.  This information had been considered at the Overview & Scrutiny Committee meeting of 17 November 2020. 

Members were advised of the global issues and impact from the COVID lockdown pandemic.  There is an overspend due to loss of income from leisure, planning fees and parking.  A revision statement will be going to Overview & Scrutiny Committee. 

Members discussed: 

·       Current gross number of overspend of £900k due to loss of income. This may be reduced subject to receipt of Government funding. 

·       Revenue recovery from Government is based on 75 pence in the pound being received, based on 90% of budgeted income. 

DECISION

1        That the revised projections and reasons for the main revenue variations be noted.

2        That the current spending position for Capital be noted.

To inform Cabinet of the position on revenue and capital expenditure at the end of September.

Please note a verbal update will be provided to this report detailing changes resulting from the second lockdown imposed on 5 November 2020.

Cabinet were informed of the position on revenue and capital expenditure at the end of September. This report had been considered by Overview & Scrutiny Committee at its meeting on 17 November 2020. 

The S151 Officer gave a verbal update detailing changes resulting from the second lockdown imposed on the 5 November 2020.   

Members discussed the global picture and the Council’s approach regarding borrowing limits.  Members were invited to join a seminar regarding a more proactive Treasury Management approach for long term investment. 

Members were informed that the counterparty limit would be raised to £10m due to assisting business grant claims and may be raised to £15m for a temporarily period of time. 

DECISION 

That the Treasury Management Activities and performance during the first half of the 2020/21 financial year be noted.

To give an early consideration of the emerging budget for 2021/22 and the draft Medium Term Financial Strategy (MTFS)

Cabinet were given an early consideration of the emerging budget for 2021/22 and the draft Medium Term Financial Strategy (MTFS).  This information had been considered at the Overview and Scrutiny Committee meeting of 17 November 2020.

Members considered the following concerns:

·       Financial settlement acknowledgement nearer Christmas.

·       Future year expectations to be challenging following COID expenditure.

·       Pay increase restraints.

·       Scale of budget pressures clarity to be emailed to Members

.

DECISION

That the issues around the emerging budget for 2021/22 be noted.

To consider the Development Management Service Action Plan.

Members considered the Development Management Service Action Plan, which had been considered by Overview and Scrutiny Committee at its meeting on 17 November 2020.

Members discussed:

·       The slow down due to COVID

·       Clarification waw requested of Planning Application site notices.  Statutory requirements state that if site notices do not go up, neighbours are notified by letter.  This will be reviewed.

·       Improving Ward Members’ attendance at site visits.

DECISION

That the Development Management Service Action Plan be approved and regularly monitored by Overview and Scrutiny Committee.

To consider and endorse the revised IT Security and Acceptable Use policy.

That the IT Security and Acceptable Use Policy be approved.

The revised IT Security and Acceptable Use Policy was considered.

Members discussed:

·       Purchase of corporate laptops to enable working from home.

·       Data Security Protection approval.

·       Cyber Crime training.

·       Phishing testing.

·       That the policy contains valuable information when using Council owned equipment and personal equipment.

·       Data and Data Management Legislation training requirements and regular updates.

DECISION

That the IT Security and Acceptable Use Policy be approved.

To agree the renewal of the Shared Building Control Service between Hart District Council and Rushmoor Borough Council Building Control Partnership to 31March 2025.

That Cabinet: 

1          Agrees to the renewal of the Shared Building Control Service between Hart District Council and Rushmoor Borough Council to discharge the statutory building control functions for both Councils until 31 March 2026, unless terminated earlier in accordance with the provisions of the agreed Deed; and 

2          Delegates authority to the Joint Chief Executive in consultation with the Portfolio Holder for Place to finalise the specific terms and conditions and then sign the new Deed (the legal agreement between Hart District Council and Rushmoor Borough Council).

Cabinet were asked to agree the renewal of the Shared Building Control Service between Hart District Council and Rushmoor Borough Council Building Control Partnership to 31 March 2025. 

Members were informed of the cost recovery and split costs which changed to a 60/40 split.  Once Rushmoor Council’s demand increases this split will be adjusted and there is a clause in the deed to allow this.  These costs are only recovery costs against revenue set by both Councils on an annual basis (averaged over three years). 

DECISION 

Cabinet agreed the recommendation with the correction date to 31 March 2025. 

1        That the renewal of the Shared Building Control Service between Hart District Council and Rushmoor Borough Council to discharge the statutory building control functions for both Councils until 31 March 2025 be agreed, unless terminated earlier in accordance with the provisions of the agreed Deed. 

2        That the Joint Chief Executive, in consultation with the Portfolio Holder for Place, be given delegated authority to the to finalise the specific terms and conditions and then sign the new Deed (the legal agreement between Hart District Council and Rushmoor Borough Council). 

To receive the following petition organised by Mr Steve Forster and signed by over 1,000 residents of Hart District: 

“To the Leader, Cabinet and members of Hart District Council 

The Humble Petition of the residents of North East Hampshire, Declares that there was insufficient consultation ahead of the closure of Fleet Road to traffic; further that there have been significant implications for neighbouring roads as a result of the re-routing of traffics; and further that the closure of the road has made it more difficult for local people to get in to their local town centre. 

The petitioners therefore urge Hart District Council to re-open Fleet Road as a matter of urgency; further pledge to retain on street parking for cars and motorcycles; and further pledge that access along Fleet Road for cars and motorcycles will be maintained in the future. 

And the petitioners remain, etc.” 

At the meeting, the petition organiser will be given three minutes to present the petition.? The petition may then be discussed by Councillors for a maximum of 20 minutes. The Cabinet will decide how to respond to the petition at this meeting. It may decide to: 

·                     take the action the petition requests (if it is within the Council’s power to do so),? 

·                     not to take the action requested for reasons put forward in the debate, 

·                     to commission further investigation into the matter, for example by Overview and Scrutiny Committee or relevant Service. 

The final response/outcome of the petition will be published on the Council’s website www.hart.gov.uk

Cabinet Agreed: 

1          The trial scheme was removed, and the re-opening of street parking is controlled by Highway Authorities through County Council. 

2          That as this Petition was received immediately before the September Council that it arrived too late to influence the September Council debate.  Cabinet decided that it would make the final decision on whether to seek the removal of the scheme by 31 October.  This meant that it would be premature to pre-empt that decision through inclusion on the November Cabinet agenda which had already been published.  The final decision to remove the scheme was made by the County Council after the November Cabinet.  It was therefore sensible to await the County Council’s decision so that an informed response could be given to the Petition.  This December’s Cabinet is the first most appropriate forum to have that informed discussion.  A written response to the contribution made was agreed. 

3          To commission a written response from the Council to further contributions made by the petitioner.

Cabinet received the following petition organised by Mr Steve Forster and signed by over 1,000 residents of Hart District: 

To the Leader, Cabinet and members of Hart District Council 

The Humble Petition of the residents of North East Hampshire, Declares that there was insufficient consultation ahead of the closure of Fleet Road to traffic; further that there have been significant implications for neighbouring roads as a result of the re-routing of traffics; and further that the closure of the road has made it more difficult for local people to get in to their local town centre. 

The petitioners therefore urge Hart District Council to re-open Fleet Road as a matter of urgency; further pledge to retain on street parking for cars and motorcycles; and further pledge that access along Fleet Road for cars and motorcycles will be maintained in the future. 

And the petitioners remain, etc.” 

The petition organiser was given three minutes to present the petition, which Cabinet then discussed.  

DECISION 

Cabinet Agreed: 

1        The trial scheme was removed, and the re-opening of street parking is controlled by Highway Authorities through County Council. 

2        That as this Petition was received immediately before the September Council that it arrived too late to influence the September Council debate.  Cabinet decided that it would make the final decision on whether to seek the removal of the scheme by 31 October.  This meant that it would be premature to pre-empt that decision through inclusion on the November Cabinet agenda which had already been published.  The final decision to remove the scheme was made by the County Council after the November Cabinet.  It was therefore sensible to await the County Council’s decision so that an informed response could be given to the Petition.  This December’s Cabinet is the first most appropriate forum to have that informed discussion.  A written response to the contribution made was agreed. 

3        To commission a written response from the Council to further contributions made by the petitioner.

The Cabinet Work Programme is attached for consideration and amendment.

The Cabinet Work Programme was considered and amended.

The following item contains exempt information. 

Members must decide whether the public interest in maintaining an exemption outweighs the public interest in disclosing the information.? 

? 

Members decided that the public interest in maintaining an exemption outweighed the public interest in disclosing the information.?

In accordance with Section 100A(4) of the Local Government Act 1972, the public were excluded during the discussion of the matters referred to, on the grounds that they involved the likely disclosure of exempt information, as defined in paragraph 3 of Part 1 of Schedule 12A of the Act,?and the public interest in maintaining the exemption outweighed the public interest in disclosing the information.?

The following item contained exempt information.

DECISION

Members decided that the public interest in maintaining an exemption outweighed the public interest in disclosing the information.

In accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to, on the grounds that they involve the likely disclosure of exempt information, as defined in paragraph 3 of Part 1 of Schedule 12A of the Act,?and the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

1          To extend the grant of management fee relief from 30 November 2020 to 31 December 2020 and to allow for lost revenue as a result of the closure of both the Hart and Frogmore Leisure Centres during Lockdown 2.0. 

2          That the S151 Officer and the Portfolio Holder for Finance can authorise and carry out the open book audit and agree any subsidy payable with Everyone Active. 

Cabinet were asked to consider the current agreement regarding management fee relief to be extended by one month to recognise the financial implications for Everyone Active due to enforced closure of both the Hart and Frogmore Leisure Centres during Lockdown 2.0, and to extend the deadline for the S151 Officer to negotiate and report the final sum for final approval to 31 January 2021. 

Members discussed: 

·       Foregoing the income from Lockdown 2.0 which will be placed in the claim from Central Government of income lost which runs until the end of March 2021. 

·       Other areas are working together on similar commercial matters. 

·       Everyone Active has improved performance rates. 

·       Users of Everyone Active are being passed on the savings in their annual membership. 

·       Good Publicising of concessions. 

DECISION 

1        To extend the grant of management fee relief from 30 November 2020 to 31 December 2020 and to allow for lost revenue as a result of the closure of both the Hart and Frogmore Leisure Centres during Lockdown 2.0. 

2        That the S151 Officer and the Portfolio Holder for Finance can authorise and carry out the open book audit and agree any subsidy payable with Everyone Active.