Agenda and minutes

It was with much sadness that the Chairman informed the Council of the sudden death of former Councillor P Bostock, whose funeral the Chairman had attended that day on behalf of the Council at Loughton Methodist Church. All present stood for a minute’s silence in tribute to the memory of former Councillor Bostock, whom the Chairman described as a free thinker who spoke his mind and an energetic ward member who would be missed by many within the District.

Following the Chairman’s announcement, Councillor Mrs J Davis on behalf of the Labour Group, Councillor M Heavens on behalf of the Liberal Democrats, Councillor Mrs D Collins on behalf of the Conservatives, and Councillor R Glozier on behalf of the Copped Hall Trust all paid tribute to former Councillor Bostock.

            RESOLVED:

That the Council’s condolences to the family of former Councillor Paul Bostock be recorded.

In the absence of the Vice-Chairman, the Chairman invited nominations from the floor for an acting Vice-Chairman to assist him for this meeting.

            RESOLVED:

That Councillor R Morgan act as Vice-Chairman.

The Chairman welcomed the two new members, Councillor Mrs H Harding (Lower Sheering Ward) and Councillor B Scrutton (Chigwell Village Ward), to the Council.

To approve as a correct record and sign the minutes of the meeting held on 19 May 2005 (previously circulated).

            RESOLVED:

That the minutes of the Annual Council Meeting held on 19 May 2005 be taken as read and signed by the Chairman as a correct record.

(Joint 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.

(a)         Apologies for Absence

(b)         Announcements

To consider any announcements by:

(i)      the Chairman of the Council;

(ii)     the Leader of the Council; and

(iii)    any other Cabinet Member.

(c)         Presentation to Mrs Maureen Gilliham

The Chairman will make a presentation to Maureen Gilliham in recognition of the late John Gilliham’s service to the Council.

(a)            Flowers

The Chairman announced that the flowers from tonight’s meeting would be sent to Mrs C Kelly, wife of Councillor D Kelly.

(b)            Countrycare Award

The Chairman took great pleasure in announcing that the Council had gained a Green Flag Award for its work at the Roding Valley Nature Reserve. The Chairman congratulated the Countrycare staff from Planning Services who had worked hard to achieve this recognition.

(c)       Anti-Social Behaviour Action Day

The Chairman informed members of the Council that there were still some places available for the second Anti-Social Behaviour Action Day on Tuesday 2 August 2005, to be held in the Committee Rooms at the Civic Offices.

(d)            Annual Tour of the Civic Offices

The Chairman reported that the Annual Tour of the Civic Offices had been an enjoyable and enlightening day, and thanked the Heads of Service for their hospitality. The Chairman encouraged members to attend future tours, when held.

(e)            Chairman’s Quiz Night

The Chairman’s Quiz Night had been scheduled for Friday 10 February 2006 at Theydon Bois Village Hall. The Chairman encouraged members to support the event, which was in aid of his charity appeal.

(f)        Civic Awards

This had been scheduled for Thursday 23 March 2006 at the Prince Regent Hotel, Woodford Bridge.

The Chairman referred to the late Councillor J Gilliham, who had passed away earlier in the year. In recognition of his service to the Council, including a year as Chairman and two terms as Vice-Chairman, the Chairman presented a silver medal plus flowers to Mrs M Gilliham, and his son Mr C Gilliham.

To respond to questions of the Council made in accordance with the Council’s Scheme. Questions will be tabled if not received in time to be incorporated into the agenda.

No public questions had been received for consideration at the meeting.

To consider the following reports of the Cabinet:

(a)            Alternative Management of the Council’s Leisure Facilities – Award of Contract

(Mover: Councillor C Whitbread – Leisure Portfolio Holder)

The Leisure Portfolio Holder presented a report regarding the award of a contract to Sports and Leisure Management Ltd (SLM) in relation to the alternative management of the Council’s Leisure facilities. In accordance with previous Council resolutions, meetings had taken place between officers of the Council and the senior management of SLM to finalise details of the proposed contract. Agreement had now been reached on a number of key issues, including: the award of relief from National Non-Domestic Rates; the risk of external challenge to rate relief; and the management fee annual index uplift. A number of issues remained to be finalised but the Portfolio Holder recommended that the award of the contract to SLM could now be approved.

Report as first moved ADOPTED.

            RESOLVED:

That a seven-year contract for the management of the Sports Centres at Loughton, Ongar and Waltham Abbey Swimming Pool (three years for Epping Sports Centre) be awarded to Sports and Leisure Management Limited subject to:

(a)            agreement on the detailed arrangements for the calculation of the Council’s contribution to salaries/wages and pension costs above the rate of inflation;

(b)            satisfactory receipt of outstanding information in relation to the Memorandum of Association and Licences to Occupy; and

(c)            satisfactory completion of the Method Statements.

(b)            Supplementary Estimates – 2005/06

(Mover: Councillor J Knapman – Portfolio Holder for Finance and Performance Management)

The Portfolio Holder for Finance and Performance Management presented a report concerning the Supplementary Estimates for 2005/06, which were agreed by the Cabinet at its last meeting on 11 July 2005. The Portfolio Holder for Planning and Economic Development agreed to report back to the Council regarding the measures adopted to achieve top quartile status for the Development Control section. During the presentation of this report, the Portfolio Holder amended the supplementary estimate amount in respect of he asbestos works, and reported the figure for refuse sacks.

Report as first moved ADOPTED.

            RESOLVED:

(1)            That, in order to meet the cost of the removal of asbestos insulation board and re-instatement works in the remainder of the Condor building, a supplementary capital estimate of £166,000 be approved;

(2)            That, in order to fund improved security arrangements at North Weald Airfield, a supplementary capital estimate of £40,000 be approved;

(3)            That, in order to finance the restructuring of the Benefits Division, a supplementary CSB estimate of £22,020 be approved;

(4)            That, in order to allow the introduction of a squad to tackle the backlog of planning applications, a supplementary DDF estimate of £100,000 be approved;

(5)            That, in order to meet 50% of the cost of heating refurbishment work at Waltham Abbey Sports Centre, a supplementary capital estimate of £15,000 be approved; and

(6)            That, in order to finance the change to the collection of garden waste within the District, a supplementary CSB estimate of up to £57,000 be approved.

(c)            Executive Work Plan and Priorities 2005/06  ...  view the full minutes text for item 28.

(Dr D Hawes, Chairman of the Standards Committee) To consider the attached report.

The third annual report of the Epping Forest District Standards Committee was presented by Dr D Hawes, the Chairman of the Committee. This detailed some of the issues that had arisen in the last twelve months and future developments.

A Protocol on Acceptance of Gifts and Hospitality had also been recommended by the Committee for adoption. It had been designed to support the duty of elected and co-opted Councillors under the Code of Conduct to record gifts and hospitality of a value in excess of £25.

Report as first moved ADOPTED.

            RESOLVED:

(1)            That the third Annual Report of the Standards Committee be received and noted;

(2)            That, as set out in Appendix 2 to these minutes, the Protocol on Acceptance of Gifts and Hospitality be adopted; and

(3)            That the Standards Committee and Dr Hawes as Chairman be thanked for their work during the past year.

To consider recommendations of the Finance and Performance Management Cabinet Committee from its meeting held on 18 July 2005. The Committee has been authorised by the Cabinet to report direct to the Council meeting so as to comply with statutory timetable for publishing the statement.

The Statutory Statement is attached.

The Portfolio Holder for Finance and Performance Management presented the Council’s Statutory Statement of Accounts for the year ending 31 March 2005, and reminded the Council that it had to be agreed before 31 July 2005. The Portfolio Holder also drew attention to the revised Related Party Transactions section that had been tabled at the meeting by the Head of Finance.

During consideration of the Related Transactions Listing, which had been tabled at the meeting, it became apparent that a further check was required. By leave of the Council, the Leader of the Council moved an additional recommendation that the Head of Finance be authorised to incorporate any changes found necessary.

Report as first moved ADOPTED.

            RESOLVED:

That, subject to any final corrections to the Related Party Transactions Listing to be made by the Head of Finance, the Statutory Statement of Accounts for the Financial Year ending 31 March 2005 be approved.

To consider any motions, notice of which has been given under Council Procedure Rule 11

It was noted that no notice of motions had been received under Paragraph 11 of the Council’s Procedure Rules in Part 4 of the Constitution.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution:

(a)    to the Chairman of the Council;

(b)    to any Member of the Cabinet:

(i)      Clean Neighbourhoods and Environment Act 2005

Question by Councillor K Angold-Stephens to the Portfolio Holder for Environmental     Protection (Councillor D Jacobs):

“With the provisions of this Act gradually coming into force, can the Portfolio Holder state: (a) how the Council proposes to address the wide-ranging provisions of this Act, including graffiti, abandoned vehicles, litter (including chewing gum), fly-posting and the many other provisions of the Act in accordance with the Government’s intention that this should be on a cost-neutral basis: (b) how these measures will be enforced bearing in mind that improving street cleansing service standards appears in the Council’s Best Value Performance Plan (BV199) with a target date of March 2006; and (c) what arrangements are being made with town and parish councils in the District to have a clear division of responsibilities for enforcement”.

(ii)     Refuse Collection

Question by Councillor K Faulkner to Portfolio Holder for Environmental Protection (Councillor D Jacobs):

"Assuming that the Cabinet on 25 July 2005 has confirmed the introduction of "Wheelie" bins would the Portfolio Holder please advise the Council:

(a)            about the advertising/information programme (with dates) which is in place to advise residents of the changes to their refuse collection?

(b)            when is the changeover to single day collection going to take place and what information will be available and when is this to be given to residents?

(c)            about the arrangements to deal with the inevitable misunderstandings that will arise with the new system when implemented and how the public will be able to get answers to their queries as they arise?

(d)            whether he is confident that these arrangements/information programs are completely adequate to ensure that the public are aware of the changes and the reasoning behind them so as to ensure a smooth transition to the new working arrangements".

(c)    to the Chairman of any Committee or Sub-committee.

(a)       Clean Neighbourhoods and Environment Act 2005

By Councillor K Angold-Stephens to Councillor D Jacobs, Portfolio Holder for Environmental Protection

“With the provisions of this Act gradually coming into force, can the Portfolio Holder state: (a) how the Council proposes to address the wide-ranging provisions of this Act, including graffiti, abandoned vehicles, litter (including chewing gum), fly-posting and the many other provisions of the Act in accordance with the Government’s intention that this should be on a cost-neutral basis: (b) how these measures will be enforced bearing in mind that improving street cleansing service standards appears in the Council’s Best Value Performance Plan (BV199) with a target date of March 2006; and (c) what arrangements are being made with town and parish councils in the District to have a clear division of responsibilities for enforcement.”

Response by Councillor D Jacobs, Portfolio Holder for Environmental Protection

“The Councillor has posed a very interesting set of questions and I cannot do full justice to them in an answer to Council.  The new Act is now on the statute book, but its different powers become available over a period of time, most in April 2006.  In general terms the Act deals with:

·                    crime & disorder

·                    vehicles

·                    litter & refuse

·                    graffiti and other defacement

·                    waste

·                    dogs

·                    noise

·                    architecture & the built environment

·                    other.

When do these powers become available for use?

June 2005:

·                     selling & repairing vehicles on the road

·                     some extended litter powers

·                     changes relating to unlawful advertisements

·                     changes relating to fly tipping and waste management

·                     use of fixed penalty notices for noise

April 2006:

All remaining components are expected to come into force in April 2006 and comprehensive guidance is also expected ahead of that date.

It is not practical by means of this answer to set out detailed proposals as to how we might make best use of the new provisions.  It is however clear that since these powers have been made available to local government following an extensive consultation, and represent what local government asked for, central government will expect us to adopt them and use them as is appropriate to local circumstances.

In coming to a conclusion over the next few months as to how to proceed the Council will need to bear in mind the following:

(1)       the requirement that the environment and crime & disorder strategies be linked together, since it is clear that a degraded environment, in whatever form, impacts upon levels of crime and anti-social behaviour;

(2)       the extended availability of fixed penalty notices for a range of enforcement and whether the Council envisages the introduction of uniformed street wardens or the like;

(3)       the Council’s general approach to ‘education versus enforcement’;

(4)       how the member Panel reviewing the Council’s senior management structure wishes to encompass these issues in their consideration of options; and

(5)       given the clear intent of Government that these powers be embraced and used, the resources that will be required.

Given the time scales involved these new powers will not have an impact upon the targets  ...  view the full minutes text for item 32.

(Joint Chief Executives) To consider the attached report.

The Leader of the Conservative Group presented a report regarding a review of the pro rata allocations to the Committees, Sub-Committees and Panels of the Council. The balance of places between the political groups had recently been altered after bye-elections in both the Lower Sheering and Chigwell Village wards. A supplementary report had been tabled at the meeting detailing the individual nominations to various committees that the Conservative Group wished to make in relation to the revised allocations.

            RESOLVED:

(1)            That the notices of their wish to join the Conservative Group by Councillor Mrs H Harding (Lower Sheering ward) and Councillor B Scrutton (Chigwell Village ward) be noted;

(2)            That the notice under the Local Government and Housing Act 1989 issued by the Leader of the Conservative Group requesting a review of the allocation of Committee places be noted;

(3)            That the Council notes that no changes in respect of allocation of seats on the Cabinet are required;

(4)            That the appointment of Councillor R D’Souza to the Licensing Committee be approved;

(5)            That the appointment of Councillor A Green to the District Development Control Committee be approved;

(6)            That the appointment of Councillor Mrs H Harding to Area Planning Sub-Committee ‘C’ be approved;

(7)            That, based upon the 11 seats on the Overview and Scrutiny Committee, the new pro rata entitlements be noted as follows:

(a)            Conservative Group: 5;

(b)            Liberal Democrat Group: 3;

(c)            Loughton Residents’ Association: 1;

(d)            Independent Group: 1;

(e)            Labour Group: 1; and

(f)            British National Party: 0

(8)            That, in order to satisfy pro rata requirements, the appointment of Councillor D Stallan to the Overview and Scrutiny Committee be approved;

(9)            That, in accordance with the Overview and Scrutiny Rules of the Constitution, the Overview and Scrutiny Committee be requested to review pro rata allocations to Standing Panels;

(10)             That the Council notes that no action is required in respect of  the Joint Consultative Committee;

(11)            That the appointment of Councillor Mrs R Gadsby as a substitute member to the Housing Appeals Panel be approved; and

(12)            That the Council notes that no change in the allocations to Chairmanships and Vice-Chairmanships of Committees, Sub-Committees and Panels of the Council is required.

Recommendation:

To appoint three representatives to serve on the joint working group agreed at the last meeting of the Local Councils’ Liaison Committee to review the Local Charter.

(Head of Research and Democratic Services) The Local Councils’ Liaison Committee have requested that the review of the Charter with local councils be undertaken by a joint working group comprising three local council and three district council representatives.

The local council representatives have been appointed by the Liaison Committee as follows:

Councillor E Borton (Nazeing Parish Council)

Councillor J Salter (Abbess, Beauchamp and Berners Roding Parish Council)

Councillor Mrs J Woods (Loughton Town Council).

The Council is invited to nominate three representatives to serve on the joint working group. When a working group was constituted to draw up the present charter, the Council was represented by the Chairman and Vice-Chairman of the Council at the time plus one Cabinet member (Councillor R Glozier). However, the Council is free to appoint the most appropriate members although representation from the Cabinet and the Liaison Committee is desirable.

The Working Group will report direct to the Council with suggested changes to the Charter.

The Head of Research and Democratic Services presented a report in relation to the appointment of representatives to the Joint Working Group tasked with the review of the Charter with Local Councils. This Joint Working Group would comprise three Local Council and three District Council representatives.

            RESOLVED:

That the three representatives of the District Council on the Joint Working Group to review the Charter with Local Councils be:

(a)            Councillor B Sandler;

(b)            Councillor Mrs A Haigh; and

(c)            Councillor R Morgan.

Recommendation:

To nominate a member to the Board of Governors of the Epping Forest College.

(Head of Research and Democratic Services)  In 2000 changes to the regulations affecting the composition of college corporations enabled the appointment of a local authority member.

At that time the Epping Forest College invited the District Council to nominate a member for consideration by the Corporation's Search Committee.  The Search Committee indicated that they had identified the skill areas of IT, Premises Management and Personnel as priorities with experience in marketing and accounting and auditing an advantage.

The Council nominated several members for possible appointment and the Search Committee appointed the late Councillor John Gilliham.

The College has now asked the Council to nominate another representative.

Background paper:  Letter from the Clerk to the Corporation dated 18 May 2005.

The Head of Research and Democratic Services presented a report regarding the nomination of a District Council representative to the Board of Governors of the Epping Forest College. This was to replace the previous representative, former Councillor J Gilliham.

            RESOLVED:

That Councillor M Woollard be nominated as a member of the Board of Governors for Epping Forest College.

Recommendation:

To appoint a member of the Cabinet as a deputy representative on the West Essex Joint Waste Committee for the remainder of the municipal year 2005/06.

(Head of Research and Democratic Services)  At the Annual Council meeting on 19 May 2005, Councillor D Jacobs as the Environmental Protection Portfolio Holder was appointed as the Council's representative on the West Essex Joint Waste Committee.  Councillor Mrs P Smith was appointed as the deputy.

The Joint Waste Committee's constitution requires that the deputy must also be a member of the Council's Cabinet as both the member and deputy have to be able to make decisions on behalf of the Council.

The Council is asked to appoint a member of the Cabinet as a deputy representative in place of Councillor Mrs Smith.

Background Paper:  Constitution of the Joint Waste Committee.

The Head of Research and Democratic Services presented a report concerning the representation of the District Council on the West Essex Joint Waste Committee. The Council were reminded that at the Annual Meeting on 19 May 2005, the Portfolio Holder for Environmental Protection, Councillor D Jacobs, had been appointed as the Council’s representative with Councillor Mrs P Smith as the deputy. However, the Joint Waste Committee’s constitution required the deputy to also be a member of the Council’s Cabinet, and thus Councillor Mrs P Smith had agreed to stand down in favour of another member of the Cabinet.

            RESOLVED:

(1)            That the resignation of Councillor Mrs P Smith be taken as read; and

(2)            That, for the remainder of the municipal year, the Portfolio Holder for Planning and Economic Development, Councillor R Glozier, be appointed as the Council’s deputy representative on the West Essex Joint Waste Committee.