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Full Council - 26 February 2013

Penn Chamber, Three Rivers House26th February 2013

To:       ALL MEMBERS OF THE THREE RIVERS DISTRICT COUNCIL

You are hereby summoned to attend an ordinary meeting of the Council to be held in the Penn Chamber, Three Rivers House, Rickmansworth, on Tuesday 26 February 2013 at 7.30pm for the purpose of transacting the under-mentioned business:-

A G E N D A

1.   APOLOGIES FOR ABSENCE

2.   MINUTES

To confirm as a correct record the Minutes of the Council meeting held on 11 December 2012 (pages A1 to A10) and of the Extraordinary meeting of the Council held on 8 January 2013 (pages B1 to B4).

12 12 11 CL mins

13 01 08 CL mins (extraordinary)

3.   CHAIRMAN’S ANNOUNCEMENTS

4.   LEADER’S REPORT

5.   STRATEGIC, SERVICE AND FINANCIAL PLANNING 2013-2016

To receive the recommendations from the Administration on Strategic, Service and Financial Planning.  (Members are requested to bring to the meeting the papers circulated for the Executive Committee meeting on 28 January 2013).  (Members are referred to the procedural rule for budget setting which is attached at page C1).

13 02 26 CL i - (05) strategic service and fin planning-app

13 02 26 CL i - (05) strategic service and fin planning (lib dem recs)

13 02 26 CL i - (05) strategic service and fin planning (conservative recs)

This report allows the Council to set the District element of the Council Tax for 2013/2014.  (Figures to be tabled at the meeting) (pages D1 – D6).

13 02 26 CL i - (06) council tax district element

This report allows the Council to set the Council Tax for 2013/2014.  (Figures to be tabled at the meeting). (pages E1 – E4).

13 02 26 CL i - (07) setting Council Tax

      (None received).

9.   PETITIONS UNDER PROCEDURE RULE 19
      (None received).

10. DISCUSSION TOPIC UNDER PROCEDURE RULE 17
       (None received).

11.  MOTIONS UNDER PROCEDURE RULE 11                    

(1)  Councillor Chris Hayward, seconded by Councillor David Sansom, to move under Notice duly given as follows:

This Council notes that there have been a succession of large construction projects that have turned to disaster for the residents of Three Rivers District Council. The William Penn Leisure Centre being just the latest and the worst, being two and a half years late and over four million pounds over budget. The Chief Executive has the ultimate responsibility and accountability for this catastrophic situation and accordingly this Council requests the Chief Executive’s resignation.


(2)  Councillor Ralph Sangster, seconded by Councillor Tony Barton, to move under Notice duly given as follows:

This Council is aware that many Three Rivers Council Tax Payers are extremely concerned that they have been denied access to the information contained in the William Penn Mediation Agreement. It therefore calls on the Chief Executive of the Council to publish, in full, the legal grounds for his contention that this information is “exempt information” under the Freedom of Information Act 2000.

Response

“The Mediator drew up the terms of the settlement agreement and one element was a confidentiality clause which stated that the agreement will remain confidential to the Parties and their advisers and shall not otherwise be disclosed except as required by law and save also that TRDC are able to disclose the same as required their Rules and/or Regulations to relevant members.  Under the terms of the settlement agreement the Council is under a duty to observe the confidentiality of the terms of the settlement and is not at liberty to discuss this or reveal the terms thereof outside of the Council and to do so would expose the Council to a claim for breach of confidence.  Every Councillor was provided in confidence with a copy of the Settlement Agreement.  I am advised that, if any individual member were to breach that duty of confidence, it is possible that the individual Councillor would be joined in personally in any proceedings and claim for damages.

In addition, the confidentiality of the document is not negated by the Freedom of Information Act, as it is covered by paragraph 41 of Part 2 of the Act “Exempt Information”, reproduced below.

41      Information  provided in confidence 

(1)      Information is exempt information if –

           (a) it was obtained by the public authority from any other person (including another public authority), and

            (b) the disclosure of  the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.

(2)        The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.”

Steven Halls
(Chief Executive)


(3)  Councillor Stephen Giles – Medhurst seconded by Councillors Steve Drury and Sara Bedford, to move under Notice duly given as follows:

Three Rivers Council, on behalf of its residents, calls upon Hertfordshire County Council to take the strongest and quickest possible action to ensure that the failure in getting road, footway and street light repairs done over the last four months  are rectified as soon as possible at no additional cost to the council taxpayer.

12.  RECOMMENDATIONS OF THE EXECUTIVE COMMITTEE

To consider the recommendations of the Executive Committee at its meeting held on 28 January 2013.

EX73/12 - Consideration of Recommendations from the Sustainable Environment Policy and Scrutiny Committee - Three Rivers Economic Development Strategy

EX74/12 - The Community Right to Bid and Proposed Procedures for Processing Nominations for Assets of Community Value (Localism Act 2011)

13.  REPORTS AND QUESTIONS TO THE LEADER, CABINET AND CHAIRMEN OF THE POLICY AND SCRUTINY, AUDIT, PLANNING, LICENSING, SHARED SERVICES AND REGULATORY SERVICES COMMITTEES

LEADER OF THE COUNCIL

SUSTAINABLE ENVIRONMENT

Reports from the Cabinet Member for Environment (Cllr Martin Trevett), Cabinet Member for Sustainability (Cllr Sara Bedford) and the Chairman of the Sustainable Environment Policy and Scrutiny Committee (Cllr Alison Scarth) and questions.

LEISURE AND COMMUNITY SAFETY

Reports from the Cabinet Member for Leisure and Community (Cllr Keith Williams), Cabinet Member for Community Safety (Cllr Roger Seabourne) and the Chairman of the Leisure and Community Safety Policy and Scrutiny Committee (Cllr Steve Drury) and questions.

PUBLIC SERVICES AND HEALTH

Reports from the Cabinet Member for Public Services and Health (Cllr Phil Brading) and the Chairman of the Public Services and Health Policy and Scrutiny Committee (Cllr Stephen Giles-Medhurst) and questions.

RESOURCES

Reports from the Cabinet Member for Resources (Cllr Matthew Bedford) and the Chairman of the Resources Policy and Scrutiny Committee (Cllr Sarah Nelmes) and questions.

SHARED SERVICES

Report from and questions to the Chairman of the Joint Shared Services Committee (Cllr Brian White).

AUDIT COMMITTEE

Report from and questions to the Chairman of the Audit Committee (Cllr Sarah Nelmes).

PLANNING COMMITTEE

Report from and questions to the Chairman of the Planning Committee (Cllr Chris Whately-Smith).

LICENSING

Report from and questions to the Vice-Chairman of the Licensing Committee (Cllr Les Mead).

REGULATORY SERVICES

Report from and questions to the Chairman of the Regulatory Services Committee (Cllr Pam Hames).

14.  JOINT APPOINTMENTS COMMITTEE

To appoint Members to a Joint Appointments Committee with Watford Borough Council to recommend the appointment of a Joint Section 151 Officer (pages F1 – F4 attached).

13 02 26 CL i - (14) appointment of finance director

To note the following changes to Committee Membership:

Licensing Committee - Councillor Pam Hames to replace Councillor Paul Goggins

Planning Committee - Councillor Pam Hames to replace Councillor Helen Lehrl

16.  FUTURE OF JOINT SHARED SERVICES COMMITTEE

The JSSC was established in 2008 with the functions set out in the attached report.  It became as a result responsible for the four shared services. Its key role was to manage the establishment of the services and it has performed that role well. However the delivery of these services and the local government context has changed considerably since this period and it is now timely to review its role (pages G1 – G2 attached).

13 02 26 CL i - (16) future of shared services joint committee

17.  REPORTS OF MEETINGS

With the exception of the Executive, Regulatory, Licensing, and Audit Committees’ recommendations to Council, the following reports are submitted for information only:-

Extraordinary Executive Committee - 14 January 2013

Executive Committee - 28 January 2013

Joint Shared Services Committee (Three Rivers) - 14 January 2013

Leisure and Community Safety Policy and Scrutiny Committee - 16 January 2013

Planning Committee - 13 December 2012

Planning Committee - 24 January 2013

Public Services and Health Policy and Scrutiny Committee - 17 January 2013

Sustainable Environmental Policy and Scrutiny Committee - 15 January 2013

 

  Chief Executive
18 February 2013

Three Rivers House
Northway
Rickmansworth
Herts WD3 1RL

NOTE AS TO PRAYERS: Reverend Robert Riley-Braley, St Oswald’s Church, Croxley Green will read prayers at 7.25pm.  Members who are not already in their places are requested to refrain from entering the Chamber during the reading of prayers.  Sufficient time will be allowed for Members to do so after the close of prayers in order that the business of the meeting may begin at 7.30pm.