Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Assistant Director of Governance and Performance Management will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The Assistant Director of Governance and Performance Management reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To approve as a correct record and sign the minutes of the meeting held on 15 December 2015 (attached)

            RESOLVED:

That the minutes of the meeting held on 15 December 2015 be taken as read and signed by the Chairman as a correct record.

(Chief Executive) To declare interests in any item on the agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

The Monitoring Officer confirmed to the Council that under Section 10.2(iii)(vi) of the Code of Conduct, no interest was created by dual hatted Councillors in the Budget item.

(a)        Apologies for Absence

(b)       Announcements

(i)            To consider any announcements by the Chairman of the Council.

(a)          Announcements by the Chairman of the Council

(i)            Councillor K Angold-Stephens

The Chairman advised Members that Councillor K Angold-Stephen was unable to attend this evenings meeting. She would be sending a card and the flowers from this meeting to him and his wife, Jill with the Councils best wishes.

(ii)          Civic Awards Dinner

The Chairman asked Members who had not responded to their invitation to the Civic Awards Dinner, to contact the Chairman’s Secretary to advise if they were attending the event.

(iii)         Chairman’s Charity Quiz

The Chairman advised the Chairman’s Charity Quiz was taking place on Friday 26 February 2016 at Theydon Bois Village Hall.

To answer questions asked after notice in accordance with the provisions contained in paragraph 11.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)           to the Leader of the Council;

(b)          to the Chairman of the Overview and Scrutiny Committee; or

(c)          to any Portfolio Holder.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no public questions for this meeting.

To answer questions asked after notice in accordance with the provisions contained in paragraph 12.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)          to the Chairman of the Council;

(b)          to the Leader of the Council;

(c)          to any Member of the Cabinet; or

(d)          the Chairman of any Committee or Sub-Committee.

Council Procedure rule 12.4 provides that answers to questions under notice may take the form of:

(a)          direct oral answer;

(b)          where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)          where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were questions under notice for this meeting.

To receive reports and any announcements from the Leader and members of the Cabinet on matters falling within their area of responsibility:

(a)        Report of the Leader;

(b)        Report of the Assets and Economic Development Portfolio Holder;

(c)        Report of the Environment Portfolio Holder; (attached)

(d)        Report of the Finance Portfolio Holder; (attached)

(e)        Report of the Governance and Development Management Portfolio Holder; (attached)      

(f)        Report of the Housing Portfolio Holder; (attached)

(g)        Report of the Leisure and Community Services Portfolio Holder; (attached)

(h)        Report of the Planning Policy Portfolio Holder; (attached) 

(i)         Report of the Safer, Greener and Transport Portfolio Holder; (attached) and

(j)         Report of the Technology and Support Services Portfolio Holder (attached).

(a)        The Leader of the Council

The Leader advised that he had attended 17 meetings with various bodies since the last Council meeting and the majority of them had concerned Devolution. The Council was participating in discussions with neighbouring authorities about the potential for a Greater Essex Bid and the Department of Communities and Local Government (DCLG) were heavily involved in the engagement with authorities across Essex, to progress details of an Essex deal, although there had been delays because of the practical difficulties of scheduling meetings. This had resulted in the probability that a deal would not be reached before the summer 2016. He advised that the concerns raised by the Council were being considered and remained unresolved and that he was keeping an open mind because the deal had to deliver a real benefit to local residents before joining.

A number of Devolution deals had been announced in Manchester, Cornwall, Liverpool, Sheffield, Tees Valley, West Midlands and West Yorkshire with directly a elected Mayor. He advised that although this was considered appropriate for cities regions, he was in the view that it would not work for the Shire Counties.

There had been a number of amendments to the Devolution Bill, (which had effected the formation of a combined authority requiring the agreement of all local authorities to join) to allow the Secretary of State to direct local authorities to join, which the Council was monitoring, but to date there had been no instances of this power being used.

He had also attended the Epping Society, which held a meeting regarding the Greenbelt with the local MP, Eleanor Laing and Local residents.

(b)        Housing Portfolio Holder

Councillor D Stallan advised that on page 28 of the agenda, paragraph 2 the words “children’s play area” should be replaced with “open space area”.

Council Procedure Rule 12.6 provides for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

(i)            reports under item 7 above; or

(ii)           any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 12.7 provides that answers to questions without notice may take the form of:

(a)          direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)          where the desired information is in a publication of the Council or other published work, a reference to that publication;

(c)          where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(d)          where the question relates to an operational matter, the Leader or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Chief Officer.

In accordance with the Council Procedure Rule 12.8, a time limit of thirty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further 10 minutes at their discretion.

(a)        New Homes Bonus

Councillor S Murray asked the Finance Portfolio Holder what importance the Council gave to the New Homes Bonus, which was worth £2.7 million, following the publication from ‘Inside Housing, January 2016’, which advised that the Government was considering options to withholding some or all of the New Homes Bonus from Local Authorities who had not yet produced a Local Plan by 2017/18 and 50% from Local Authorities who had produced a plan but not submitted it.

Councillor S Stavrou advised that the Council was very conscious of having the Local Plan completed in time and the Cabinet Members were doing all they could to accelerate the process without comprising the integrity of the Plan.

(b)        Pensions

Councillor S Neville asked the Finance Portfolio Holder whether she considered the Governments proposed changes to be able to veto the way Local Authorities invested their Members pension’s funds and procurement methods, an attack on local democracy and would she write to the Government asking them to reconsider?

Councillor S Stavrou advised that the Government made the policies and the local authority implemented them, which it was the Councils responsibility to do so and would be happy to discuss it outside of the meeting.

(c)        Poor Highways Design & Parking Concerns, Broadway, Loughton

Councillor L Girling asked the Safer, Greener and Transport Portfolio Holder whether the posts installed as part of the Broadway Regeneration Project enhancement, which were continuous mounted by traders and shoppers were:

(i)         a design flaw;

(ii)        whether double yellow lines should be installed along the Highway;

(iii)       whether pedestrian’s safety was at risk; and

(iv)       whether he would attend a site visit?

Councillor G Waller advised that the regeneration around the Broadway was designed around 7/8 years ago and agreed that pedestrian safety at this location was a concern. He advised that the Loughton Broadway Parking Review was pending and would present an ideal opportunity to resolve some of those problems and he would be happy to visit the site with Councillor L Girling.

(d)        Dog Fouling

Councillor J M Whitehouse asked the Environment Portfolio Holder, whether he could update the Council on the arrangements for Dog Fouling, in particular, enforcement and education following the changes to the animal welfare, street cleansing and the waste management contract.

Councillor W Breare-Hall advised that there were already dog control orders and measures in place to deal with this type of problem. He advised that with Biffa taking over the waste contract, there should have been no changes in the service and he would be happy to take these concerns to them.

(e)        Off Street Parking Programme, Greensted Ward

Councillor B Surtees asked the Housing Portfolio Holder and the Safer, Greener and Transport Portfolio Holder to accept his thanks for the speed in which the Housing Assets Team had dealt with the application for car parking improvements in Greensted Ward and whether any surplus funds the Council received, could be spent on more improvements like these as residents  ...  view the full minutes text for item 97.

To consider any motions, notice of which has been given under Council Procedure Rule 13.

Motions, if any, will follow if not received in time to be incorporated into the agenda.

The Chairman reported that there were no motions to be considered at this meeting.

(Technology & Support Services) To consider the attached report.

Mover: Councillor A Lion, Technology and Support Services Portfolio Holder.

Councillor A Lion presented a report on the Council’s Pay Policy Statement for 2016/17 which was required by Section 38(1) of the Localism Act 2011 to be published each financial year. Specifically including the Council’s approach to its highest and lowest paid employees.

Report as first moved ADOPTED

            RESOLVED:

That the Council’s Pay Policy Statement for 2016/17 attached as Appendix 1 to these minutes be adopted.

(Finance Portfolio Holder) To consider the attached report.

Mover: Councillor S Stavrou, Finance Portfolio Holder

Councillor Stavrou presented a report on the Council’s Treasury Management Strategy, Annual Investment Strategy 2016/17 to 2018/19 and prudential indicators.

Report as first moved ADOPTED

            RESOLVED:

That the following documents attached to these minutes as Appendices 2 and 3 be adopted:

            (a)        Treasury Management Strategy Statement and Annual Investment Strategy 2016/17 to 2018/19;

            (b)        Minimum Revenue Provision Strategy;

            (c)        Treasury Management Prudential Indicators for 2016/17 to 2018/19;

            (d)        the rate of interest to be applied to any Inter-Fund Balances; and

            (e)        Treasury Management Policy Statement.

Councillor J Knapman advised that the changes in Band D Charges to Chigwell Parish Council on the tabled supplementary 2 – Council Budget appendices - Annex 8 b & c were incorrect. The Director of Resources requested that the meeting be adjourned so that he could obtain the signed copies of the precepts from all of the Town and Parish Councils in the District.

            RESOLVED:

That the meeting be adjourned at 8.55 p.m. and re-convened at 9.15 p.m. for the purposes of transacting the remaining items of the agenda.

(a)          (Finance Portfolio Holder) To consider the attached report; and

(b)          To hold a recorded vote on the recommendations contained within the report, in accordance with the Council Procedure Rule 17.6 ‘Voting at Budget Decision Meetings’ which directs Members to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, immediately after any vote is taken at a budget decision meeting there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

“Budget decision” means a meeting at which:

(a)        a calculation is made (whether originally or by way of substitute) in accordance with any of the Sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49, 52ZF, 52ZJ of the Local Government Finance Act 1992, as amended; or

(b)        a precept is issued under Chapter 4 of Part 1 of that Act,

and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting.

References to a vote are references to a vote not only on the substantive budget motions agreeing the budget, setting council taxes or issuing precepts, but also on any amendments proposed at the meeting.

Councillor S Stavrou presented a report on the Budget and Council Tax Declaration for 2016/17.

Amendment moved by Councillor J Knapman and Seconded by Councillor C Whitbread

That recommendation (4) read;

“That the medium term financial forecast be approved as set out in Annexes 9 a and 9 b and as result there will be no increase in the District Council Tax for 2016/17;”

Carried

There voted for the recommendations: (35) namely: T Boyce, H Brady, W Breare-Hall, G Chambers, T Church, D Dorrell, R Gadsby, L Girling, A Grigg, L Hughes, B Jennings, H Kane, S Kane, P Keska, J Lea, M McEwen, R Morgan, S Murray, S Neville, A Patel, C C Pond, C P Pond, B Rolfe, M Sartin, G Shiell, D Stallan, S Stavrou, B Surtees, G Waller, E Webster, S Weston, C Whitbread, J H Whitehouse, J M Whitehouse and D Wixley.

There voted to abstain from the recommendations (6) namely: K Chana, J Knapman, A Lion, G Mohindra, C Roberts and L Wagland.

            RESOLVED:

(1)        That the list of CSB growth and savings for the 2016/17 budget (set out in  Annex 1 to these minutes) be approved;

(2)        That the list of District Development Fund items for the 2016/17 budget (set out in Annex 2) be approved;

(3)        That the revenue estimates for 2016/17 and the draft Capital Programme for 2016/17 be approved as set out in Annex 4, 5 (a-g) and 6 including all contributions to and from reserves as set out in the attached Annexes;

(4)        That the medium term financial forecast be approved as set out in Annexes 9 a and 9 b and as result there will be no increase in the District Council Tax for 2016/17;

(5)        That the 2016/17 HRA budget be approved on the basis that the contribution to the self-financing reserve has been suspended, and that the application of rent  decreases resulting in an average decrease of 1% from £97.54 to £96.56, be approved;

(6)        That the Council's policy of retaining revenue balances at no lower than £4.0M or 25% of the net budget requirement whichever is the higher for the four year period to 2018/19 be amended to no lower than £4.0M or 25% of the net budget requirement whichever is the higher during the four year period up to and including 2019/20;

(7)        That the report of the Chief Financial Officer on the robustness of the estimates for the purposes of the Council’s 2016/17 budgets and the adequacy of the reserves (see Annex 10) be noted.

Declaration of Council Tax

(8)        That it be noted that under delegated authority the Director of Resources, in consultation with the Finance Portfolio Holder, calculated the Council Tax Base 2016/17:

(a)        for the whole Council area as 52,257.8 (Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended); and

(b)        for dwellings in those parts of its area to which a Parish precept relates  ...  view the full minutes text for item 102.

(a)          To receive the report of the Chairman of the Overview and Scrutiny Committee and to answer any questions without notice asked in accordance with Council procedure rule 12.7(b) and 12.9 (a).

(a)        Report of the Chairman of the Overview and Scrutiny Committee

The Council received a written report from Councillor R Morgan, the Chairman of Overview and Scrutiny Committee. He advised that the Barts Health NHS Trust - Whipps Cross Hospital would be attending the next meeting of the Overview and Scrutiny Committee on 23 February 2016, to provide a progress update on the Trust’s  improvement plan for Whipps Cross, alongside progress on the issues that members  raised with the interim Managing Director of the hospital last year.

(Chairman of Audit and Governance Committee) To consider the attached report.

Mover: Councillor J Knapman, Chairman of Audit and Governance Committee.

Councillor J Knapman submitted a report regarding the principle of merger of the Audit and Governance Committee and the Standards Committee.

Amendment moved by Councillor J Knapman and Seconded by Councillor G Chambers

That recommendations (1) – (3) be deleted and substituted with the following words:

“That the Constitution Working Group be asked to consider the following and report to Council on 26 April 2016:

(a)          Whether adjustments could be made to the suggested terms of reference of the proposed Audit and Standards Committee to achieve greater flexibility of membership to allow standards complaints matters to be dealt with more effectively; and

(b)          Whether in light of any suggested wording adjustments any further constitutional matters require change and to make recommendations to the Council accordingly.”

Carried

            RESOLVED:

That the Constitution Working Group be asked to consider the following and report to Council on 26 April 2016:

(a)        Whether adjustments could be made to the suggested terms of reference of the proposed Audit and Standards Committee to achieve greater flexibility of membership to allow standards complaints matters to be dealt with more effectively; and

(b)        Whether in light of any suggested wording adjustments any further constitutional matters require change and to make recommendations to the Council accordingly.

To note the attached decision taken by the Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules.

The Council noted that the Chairman of the Council had agreed that the following decision be treated as a matter of urgency and not subject to call-in;

(a)        Local Land Charges - Application Of Vat To Search Enquiries

That from 1 February 2016, in line with new requirements of HM Revenue & Customs, the standard rate of VAT be added to the Council’s fee for Local Land Charges Search Standard Enquiries (Form CON29R) and Optional Enquiries (Form CON29O).

(a)               To receive from Council representatives the reports (attached - if any) on the business of joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice; and

(b)               To request written reports from representatives on joint arrangements and external organisations for future meetings.

(a)        No further updates from Council representatives on any other business of joint arrangements and external organisations were advised; and

(b)        No requests were made for written reports to be made by representatives on joint arrangements and external organisations at the next meeting.