Agenda and minutes

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

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the Chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”.

Mr I Willett, Assistant to the Chief Executive, reminded all 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.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillor Jim Axon who died on 26 December 2009.

Jim Axon was a member of the District Council for 17 years. He was elected to represent the Theydon Bois Ward in 1979 and was re-elected in 1980, 1984, 1988 and 1992.

He was elected Chairman of the Council in 1991/2 and was appointed Vice-Chairman of the Council in 1990/1. During his terms of office he was also Chairman of a Plans Sub-Committee and a member of many committees, sub-committees and panels.

It was with much sadness that the Chairman informed the Council of the death of former District Councillor Jim Axon.

The Chairman of the Council reported on her attendance at the funeral together with Councillor R Morgan.  Councillors A Watts, S Murray, R Morgan, R Frankel and Mr I Willett, Assistant to the Chief Executive, paid tribute to the memory of Jim Axon.

Members were informed that Jim Axon had been a member of the District Council for 17 years.  He had been elected to represent the Theydon Bois Ward in 1979 and had been re-elected in 1980, 1984, 1988 and 1992.  He had been elected Chairman of the Council in 1991/2 and had been appointed Vice-Chairman of the Council in 1990/1.  During his terms of office he had also been Chairman of a Plans Sub?Committee and a member of many Committees, Sub-Committees and Panels.

The Council stood for a minute’s silence in tribute to the memory of former District Councillor Jim Axon.

The Chairman of the Council advised that Council staff were collecting money to donate to the Disasters Emergency Committee in relation to the Haiti Earthquake.  She invited members to contribute by placing money in the bucket on display at the meeting.

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

(a)       Pursuant to the Council’s Code of Member Conduct, Councillors Mrs P Brooks, A Clark, J Collier, Mrs R Gadsby, A Green, Mrs J Hedges, W Pryor, B Rolfe, D Stallan and A Watts declared personal interests in agenda Item 5 (Report of the Cabinet – Gypsy and Traveller Development Plan Document – Counsel’s Advice and Initial Analysis of the Options Consultation Responses) by virtue of:

(i)         being members of a Parish/Town Council which had taken part in the consultation exercise;

(ii)        being residents in a notification area for one of the sites identified in the Consultation on Options document;  and

(iii)       having attended public meetings convened to discuss the issue.

The Councillors advised that they had determined that their interests were not prejudicial and that they would remain in the meeting for the consideration and voting on the matter.

(b)       Pursuant to the Council’s Code of Member Conduct, Councillors K Angold-Stephens, R Barrett, Ms R Brookes, Mrs P Smith and D Wixley declared personal interests in agenda Item 5 (Report of the Cabinet – Gypsy and Traveller Development Plan Document - Counsel’s Advice and Initial Analysis of the Options Consultation Responses) by virtue of:

(i)         having been respondents to the consultation exercise;  and

(ii)               having attended public meetings convened to discuss the issue.

The Councillors advised that they had determined that their interests were not prejudicial and that they would remain in the meeting for consideration and voting on the matter.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a personal interest in agenda Item 5 (Report of the Cabinet – Gypsy and Traveller Development Plan Document - Counsel’s Advice and Initial Analysis of the Options Consultation Responses) by virtue of:

(i)         having supported the response of Epping Town Council;

(ii)        having responded as a resident of Epping to the Initial Gypsy and Traveller Consultation;

(iii)             having attended public meetings convened to discuss the issue;  and

(iv)      having signed a residents’ petition regarding the issue.

The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

(d)       Pursuant to the Council’s Code of Member Conduct, Councillors Mrs S Clapp, P Gode, Mrs A Grigg, J Knapman, R Law, A Lion, S Murray, J Philip, Mrs P Richardson, B Sandler, P Spencer, P Turpin and Mrs L Wagland declared personal interests in agenda Item 5 (Report of the Cabinet – Gypsy and Traveller Development Plan Document - Counsel’s Advice and Initial Analysis of the Options Consultation Responses) by virtue of being members of a Town/Parish Council which had taken part in the consultation exercise. 

The Councillors advised that they had determined that their interests were not prejudicial and that they would remain in the meeting for the consideration and voting on the matter.

(e)       Pursuant to the Council’s Code of Member Conduct, Councillors R Bassett and  ...  view the full minutes text for item 123.

To consider the attached report.

Mover: Councillor Mrs D Collins – Leader of the Council

The Leader of the Council submitted a report following consideration by the Cabinet of advice from Counsel about the future direction for the preparation of the Gypsy and Traveller Development Plan document.

Report as first moved ADOPTED.

            RESOLVED:

(1)               That an urgent meeting be sought with the relevant Minister to discuss the future preparation of the Gypsy and Traveller Development Plan document;

(2)               That the letter attached as Annex 2 to the report be sent to the relevant Minister prior to the meeting referred to in (1) above;

(3)               That, pending the outcome of further discussions with the Government Office for the East of England (Go-East), preparation of the Gypsy and Traveller Development Plan document be continued;

(4)               That the sites identified within the Options Consultation Document not be rejected without formal consideration of the responses to the consultation;

(5)               That officers be authorised to continue discussions with Counsel and Go-East about sites which are within or in close proximity to settlements;  and

(6)               That the initial results of the analysis of the consultation responses be noted.

To consider the attached report.

Mover:  Councillor Ms S-A Stavrou – Community Safety and Transport Portfolio Holder

The Portfolio Holder submitted a report following further consideration by the Cabinet of the arrangements for a Local Highways Panel.

Report as first moved ADOPTED.

            RESOLVED:

(1)        That the principle of Parish Council representatives on the Local Highways Panel having voting rights in future be approved;  and

(2)        That the Local Highways Panel be requested to review its constitution as a matter of urgency prior to the Annual Council meeting in May 2010 by:

(a)        taking account of the Council’s decision in resolution (1) above; and

(b)               considering experience gained in the first year of operation of the Panel.

Councillor Mrs M Sartin, the Environment Portfolio Holder will report orally on these services which have been disrupted recently due to the adverse weather conditions.

In accordance with Section 100B (4) of the Local Government Act 1972 and Council Procedure Rule 3.2 the Chairman has deemed this item as urgent business in view of the public interest.

Councillor Mrs M Sartin, the Environment Portfolio Holder reported orally on the Waste and Recycling Collection Services which had been disrupted recently due to the adverse weather conditions.

The Portfolio Holder advised that members had been in receipt of regular updates during the period of the recent adverse weather conditions.  She stated that she hoped members appreciated the logistics of dealing with the problems posed by the weather conditions which had been compounded by the changes in the collection programme necessitated by the Christmas/New Year holidays.

Councillor Mrs Sartin reported that last week’s thaw had enabled crews to reach areas they had previously been unable to access.  However, inevitably there had been some properties which had been missed as crews were sometimes working in areas with which they were unfamiliar.  The Portfolio Holder advised that she considered the Council’s contractors and Waste Management officers had worked hard over the period and at times when neighbouring authorities had suspended collections.  They had used innovative methods to help clear the backlog including the use of smaller vehicles to collect recycling sacks from the more difficult to access streets which had then be taken to central points for collection by the refuse freighters.  Unfortunately such good ideas had not always been interpreted correctly by the press.  It had been easy for the press to find and report on areas where the problems had been the greatest but they had completely failed to acknowledge all of the hard work which had been undertaken under very difficult circumstances.  The Portfolio Holder stated that she appreciated it was frustrating for residents when collections were not made on the scheduled dates and she thanked the public for their forebearance over the period.

Councillor Mrs Sartin advised that there had been health and safety implications to consider not just for crew members but also others on the highway and in relation to parked vehicles on the highway.  There had been injuries to crew members working in the adverse weather conditions and she invited members to join her in sending them best wishes for a speedy recovery.  She drew attention to copies of photographs which had been sent to members showing some of the difficulties involved including vehicles which had skidded off the road into ditches.

Councillor Mrs Sartin advised that at a meeting of the Waste Partnership Board earlier in the day it had been agreed that there should be a full review of the service during the period of the adverse weather conditions and the outcome of this review would be reported to members when it had been completed.

The Portfolio Holder reported that with improved weather conditions and a return to the collection calendar dates she expected normal service to be resumed shortly.  However, if any member was aware of areas in their wards where collections were still outstanding they should send her details which she would pass on to the Waste Management Team.  Councillor Mrs Sartin also expressed thanks to the Customer Service Team  ...  view the full minutes text for item 126.

To consider the attached report.

Mover:  Councillor Mrs M Sartin – Environment Portfolio Holder

The Portfolio Holder reported on steps which had been taken to secure buildings to prevent unauthorised entry and prevent them from becoming a danger to public health.

Councillor Mrs Sartin expanded on her written report by advising the Council that the level of expenditure incurred had been approximately £5,000 of which £1,500 could be met from an existing budget.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the decision of the Chairman of the Council to agree that the decision of the Environment Portfolio Holder to authorise urgent works to secure buildings to prevent unauthorised entry and prevent them from becoming a danger to public health in accordance with the provisions of Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 should be treated as a matter of urgency and should not be subject to call-in be noted;

(2)        That the decision of the Chairman of the Overview and Scrutiny Committee that the expenditure on this matter was a matter of urgency and required prior to the matter being considered by full Council be noted;  and                 

(3)        That a DDF supplementary estimate for 2009/10 in the sum of £3,500 be approved to meet the costs which cannot be met from the Maintenance Budget for the Brooker Road Area.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

The Chairman announced that she had been advised that Item 8 (Contract of Employment – Post XEX/01) had been withdrawn and that as a result there was no need for the Council to consider the exclusion of the public and press.  The Chairman declared the meeting closed.