Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 13 December 2005 (attached)

            RESOLVED:

            That the minutes of the Council meeting held on 13 December 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.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillors Mrs D Collins, Mrs A Haigh, R Morgan, D Stallan and Ms S-A Stavrou declared personal interests in agenda item 13(a) (Election of Verderers of Epping Forest – 2006) by virtue of being acquainted to one of the candidates seeking re-election.  They declared that their interests were not prejudicial and that they would remain in the meeting for the duration of the consideration of the item and voting thereon.

(b)            Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in agenda item 5(a) (Report of the Cabinet – Supplementary Estimates – 2005/06) (Recommendation 2).  He declared that his interest was not prejudicial and that he would remain in the meeting for the duration of the consideration of the item and voting thereon.

(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)            Member Computer Training – Award of Certificates

A number of members have completed IT training and will receive their certificates from the Chairman of Council.

(1)            Chairman’s Announcements

(a)            Celebration of Faith Service – 5 February 2006

The Chairman thanked members and officers for the support given to the Celebration of Faith Service held at Theydon Bois Village Hall.  He said that he considered the event to have been a great success and he had received many letters of thanks from persons who had attended.

(b)            Chairman’s Quiz Night – 24 February 2006

The Chairman thanked members and officers for supporting his quiz night which had been sold out.

(c)            Charity Walk – 2 April 2006

Members noted that the Chairman’s Charity Walk would begin at the Lambourne End Centre, Manor Road, Lambourne End at 11 am and would follow a circular route of approximately 4 miles.  He expressed the hope that he would be joined by many members and officers and requested that they returned the forms which had been sent to them.

(d)            Flowers

The Chairman announced that the flowers from tonight’s meeting would be sent to St Clare Hospice, Hastingwood.

(2)            Member Computer Training – Award of Certificates

The Chairman handed certificates to those members who had completed recent IT training.

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.

(a)       Street Cleansing – Epping

By Councillor B Rolfe, Epping Town Mayor to Councillor D Jacobs, Portfolio Holder for Environmental Protection

“As a member of Epping Town Council and the current Town Mayor, I have received a number of complaints about the decline in local street cleaning throughout the town.  Would the Portfolio Holder for Environmental Protection comment whether this has anything to do with the recent problems concerning the Council’s waste contractors delivering their collection services.”

Response by Councillor D Jacobs, Portfolio Holder for Environmental Protection

“It is the case that operational difficulties with the Council’s waste collection service may sometimes impact upon street cleansing.  However, Epping High Street has a dedicated street cleansing resource consisting of two crews, one with a cleansing barrow and the other with a motorised sweeper who are present throughout most of the day.  This should result in the main High Street areas being cleansed to a reasonable standard.  Councillor Rolfe in his question refers to street cleansing “throughout the town” and it would be helpful if he could provide officers with precise details of the locations so that they can investigate his concerns in detail”.

To consider the following reports of the Cabinet:

(c)                Council Budgets and Council Tax Declaration – report to follow

(a)            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 regarding requests for DDF and CSB supplementary estimates.

Report as first moved ADOPTED

            RESOLVED:

            (1)            That a DDF supplementary estimate of £9,000 be approved for 2005/06 in order to offset the loss of income and meet the costs associated with providing free car parking spaces at the Quaker Lane car park in Waltham Abbey;

            (2)            That a DDF supplementary estimate of £110,000 be approved for 2005/06 to enable a one-off payment to be made to the Council’s waste management contractor, South Herts Waste Management, relating to end of lease vehicle costs and monthly payments for the contractor in relation to the collection of garden waste; and

            (3)            That a CSB supplementary estimate of £8,000 be approved for 2005/06 to enable graffiti removal services to be undertaken during the remainder of the municipal year.

(b)       Local Area Agreement for Essex

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

The Portfolio Holder for Finance and Performance Management presented a report regarding the Local Area Agreement for Essex which was a contract between local and central government intended to secure improvement across a number of areas for a three year period.  The Portfolio Holder reported that since the matter had been considered by the Cabinet a “near final” draft of the Agreement had been released which differed from the one considered by the Cabinet.  As a result of the Government’s recently launched “Respect Agenda” one of the priorities in the Local Area Agreement had been changed to two priorities.  The revised draft had also introduced the possibility of achieving stretch performance and reward grant by incorporating the Local Authority Local Public Service Agreement but no real detail had been given.  In view of these changes the Portfolio Holder sought leave of the Council to amend the recommendations of the Cabinet.

Members noted that in relation to the financial implications, the Council would be identifying aligned funds which would mean the sums would contribute towards the priorities but would continue to be managed by the Council.

Report as amended by the Portfolio Holder ADOPTED

            RESOLVED:

            That the Council supports the principles of the Local Area Agreement in general, recognising that all of the targets could see benefits for the population of the Epping Forest District and, in particular, agrees to target its activities on the following priorities and notes the suggested addition of priority 8:

            Priority 3 – ensure development is designed to promote healthier living in the built environment (both targets);

            (8)(new) – keep vulnerable children and young people safe; these reflect the Council’s housing duties and participation in the Crime and Disorder Reduction Partnership (three targets, one of which carries reward grant);

            Priority 10 (amended) – reduce crime, the harm caused by illegal drugs and reassure the public, reducing the fear of crime (four targets, one of which carries reward grants);  ...  view the full minutes text for item 74.

(Chairman – District Development Control Committee – Councillor Mrs A Grigg) To consider the attached report.

(Mover:  Councillor Mrs A Grigg – Chairman of the Committee)

The Chairman of the District Development Control Committee presented a report recommending changes in the way that Tree Preservation Orders were dealt with by the Council which required amendment of the Constitution.

Report as first moved ADOPTED

            RESOLVED:

            (1)            That Item (8) (page C12 of the Constitution) of the Terms of Reference of the four Area Plans Sub-Committees be amended to read as follows:

“To determine the confirmation of those Tree Preservation Orders which are opposed”; and

            (2)            That Item (2) of the Terms of the Reference of the District Development Control Committee be amended to read as follows:

            “To determine any recommendation of an Area Plans Sub-Committee which relates to potential decisions liable to give rise to claims for costs or compensation including development control matters and enforcement and planning requirements (including recommendations of no action) but excluding works in relation to Tree Preservation Orders”.

(Returning Officer) To consider the attached report.

The Returning Officer presented a report on proposals for conducting an electronic electoral pilot in May 2006.  Members noted that since the report had been prepared, he had received confirmation from the Department for Constitutional Affairs that the Council’s application had been agreed.

The Returning Officer advised that the pilot involved an electronic check of postal votes signatures, provision for electors to track postal votes, e-counting of all ballots, amendment of the ballot paper to change the security mark, removal of the need for a witness signature on the postal vote statement and utilisation of an A4 size ballot paper, conduct of voter engagement with pre-poll information to households and allowing children into polling stations, allowing voters to register after the election is called.

The Returning Officer advised that members would be kept informed about progress with the pilot through the weekly Members’ Bulletin and reports to the Constitutional Affairs Standing Scrutiny Panel.

Report as amended by the Returning Officer ADOPTED

            RESOLVED:

            (1)            That, in accordance with the requirements of the Department for Constitutional Affairs, the Returning Officer be authorised on behalf of the Council:

            (a)            to sign a contract with Demsoft (the Government’s approved contractor) for the delivery of all elements of the pilot including technical development and support, equipment and systems development;

            (b)            to agree staged payments to Demsoft as set out in the contract to meet the Company’s costs of the pilot, namely £92,700;

            (c)            to advise Demsoft and the Department for Constitutional Affairs that the actions under (a) and (b) above are subject to written agreement by the Department for Constitutional Affairs to reimburse the total cost of the pilot to this Council, less the Council’s standard election costs, including all payments to Demsoft;

            (2)            That the Council notes that if any of the conditions set out in (1)(c) above are not met, the Council will be unable to proceed with the pilot; and

            (3)            That the Council notes that as Demsoft is the Government’s approved contractor, there has been no competitive tendering exercise in respect of this contract and, with that in mind, the Council’s own Contract Standing Orders have been deemed to be waived.

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

(a)        Pay and Display Car Parks

The Council considered the following motion moved by Councillor M Colling and seconded by Councillor P McMillan:

“This Council calls upon the Portfolio Holder for Civil Engineering and Maintenance to review the current off-street parking arrangements with a view to introducing free parking in all the Council’s pay and display car parks on Saturdays”.

Amendment moved by Councillor J M Whitehouse and seconded by Councillor M Woollard:

“That the following words be added to the end of the motion:

; and taking into account the following issues:

(i)         the viability of local town centres and particularly retail businesses;

(ii)        the effect on the Continuing Services Budget;

(iii)       any implications for the maintenance of car parks and the Council’s aim of providing safer and more secure car parks by upgrading a car park each year; and

(iv)            implications for the parking control contract”.

Carried

Motion as amended ADOPTED

            RESOLVED:

            That the following motion stand referred to the Cabinet as an executive matter:

            “This Council calls upon the Portfolio Holder for Civil Engineering and Maintenance to review the current off-street parking arrangements with a view to introducing free parking in all the Council’s pay and display car parks on Saturdays; and taking into account the following issues:

            (i)            the viability of local town centres and particularly retail businesses;

            (ii)            the effect on the Continuing Services Budget;

            (iii)            any implications for the maintenance of car parks and the Council’s aim of providing safer and more secure car parks by upgrading a car park each year; and

            (iv)            implications for the parking control contract”.

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; or

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

(a)            Handypersons’ Scheme

By Councillor Mrs J H Whitehouse to Councillor M Heavens, Portfolio Holder for Housing

“As the funding for the Handypersons’ Scheme, which assists older people with minor repairs and falls prevention works, has not been increased since it was started in 1999, would the Portfolio Holder agree to review the funding of this scheme with a view to increasing the money available for the project and for staffing?”

Response by Councillor M Heavens, Portfolio Holder for Housing

“The Handypersons’ Scheme is a very successful and important component of the Council’s “Care and Repair” service.  As the question states it provides a very necessary service to the vulnerable elderly in the District.

In general terms the demand for the service outstrips the resources available and this is managed by restricting individual requests for assistance and the level of financial support.  This is therefore an appropriate time to review the service and its funding and I am happy to ask the Chairman of the Overview and Scrutiny Committee to consider placing this matter on the work programme for the Standing Scrutiny Panel on Housing”.

By leave of the Council, the Portfolio Holder for Housing added the following supplement to his answer:

“Although the budget for 2006/07 includes a DDF (one-off) increase of £3,000, I am of the view that more funds are needed”.

(b)       Waste Management Literature

By Councillor Mrs J H Whitehouse to Councillor D Jacobs, Portfolio Holder for Environmental Protection

“Are you aware of the literature which is being delivered in many parts of the District which says that you, as the Portfolio Holder, have “forced through proposals to impose £1,000 fines on householders who persistently leave additional black sacks as well as full wheelie bins” and will you clarify the situation as it seems that your report to Cabinet on 14 November 2005 has been misrepresented?”

Response by Councillor D Jacobs, Portfolio Holder for Environmental Protection

“I am grateful to the Councillor for raising this matter.  I think it important for all members to understand the law and how it functions in this regard.

Sections 34 and 46 of the Environmental Protection Act 1990 (EPA) empower waste collection authorities (WCA - district, borough and unitary authorities) to take action in respect of the management of waste in their areas. Section 34 deals with the “Duty of Care”, which requires all those who handle waste, including domestic householders, to exercise a duty of care over what happens to it.  It means for example that if a householder employs someone to remove waste on their behalf, they must satisfy themselves that the person they employ will handle that waste properly.  Section 46 enables a waste collection authority to prescribe how a householder should put out their waste for collection, and this can include the type of container to be used for specific materials and where it should be placed for collection.

Whilst the Duty of Care powers are important, it is section 34 which is of greater significance,  ...  view the full minutes text for item 78.

Recommendation:

To commence a debate on Local Government Reorganisation.

(Group Leaders) David Milliband, Minister for Communities and Local Government, has announced that the Government is actively considering the case for reorganisation of the 34 “two-tier” English counties. The vision is one of self-confident councils leading and empowering their communities and working with partners to deliver high quality public services. The Minister has advised that a question to be answered is whether the best relationship is between the county and the districts or between one or more unitary authorities and local neighbourhoods.

An Office of the Deputy Prime Minister (ODPM) press release has emphasised that Ministers have taken no decisions about reorganising the existing structure and are seeking views on the best arrangements for places. Council Leaders are being invited to attend one of eight regional ‘roundtable’ discussions hosted by ODPM Ministers as part of a wider dialogue on the issues. It is envisaged that a White Paper will be published in summer 2006 delivering a clear vision for the long-term future of local government including the issue of structure.

Group Leaders had an initial discussion on this matter at their meeting on 25 January 2006 and agreed that each Group should prepare a paper summarising the views of that Group as a basis for a debate at this meeting. The views of the Independent Group are attached. Other papers will follow.

The Leader of the Council advised that David Milliband, Minister for Communities and Local Government, had announced that the Government was actively considering the case for reorganisation of the 34 “two-tier” English counties.  The vision was one of self-confident councils leading and empowering their communities and working with partners to deliver high quality public services.  The Minister had advised that a question to be answered was whether the best relationship was between the County and the Districts or between one or more unitary authorities and local neighbourhoods.

An Office of the Deputy Prime Minister press release had emphasised that Ministers had taken no decisions about reorganising the existing structure and were seeking views on the best arrangements for places.  Council Leaders were being invited to attend one eight regional “round table” discussions hosted by ODPM Ministers as part of a wider dialogue on the issues.  It was envisaged that a White Paper would be published in Summer 2006 delivering a clear vision for the long-term future of local government including the issue of structure.

Members noted that Group Leaders had discussed this matter at their meeting on 25 January 2006 and had agreed that each group should submit the initial views of that group as a basis for a debate at this meeting.

The Council considered reports submitted by the Independent Group, the Liberal Democrats Group and the Loughton Residents Association Group.

The Leader of the Conservative Group advised that her Group were of the opinion that the formulation of views should be deferred until the White Paper had been published.  She stated that the briefings being given by the Office of the Deputy Prime Minister appeared to be sending out different messages to different tiers of authority.  She suggested that the aim of the Government was to introduce regional government.  She advised of the need to engage local people in the debate.

The Leader of the BNP Group advised that her Group did not have a lot of confidence in the Government and that changes for changes sake needed to be resisted.

The Leader of the Labour Group advised that her Group would support the abolition of the County Council as it was considered too remote and did not provide value for money.

The Council noted that Essex County Council proposed to establish a small working party under the Leader of that Council to develop an argument to keep the three tiers of authority as currently existed whilst examining the “substantial” back office savings which could come about by amalgamating specialist back office staff so that they could serve the whole county.  The Leader of the Council advised that he had been invited to join that working party and he sought the views of the Council on this invitation.

            RESOLVED:

            (1)            That debate on the proposed restructuring of local government be encouraged among town and parish councils in the District;

            (2)            That the “Forester” be used to inform and consult residents on the issues of local government reorganisation;

            (3)  ...  view the full minutes text for item 79.

(Head of Research and Democratic Services) To note that the Cabinet has established a new Cabinet Committee of five Cabinet members to review this contract. The Committee is required to report back by the Cabinet meeting on 10 April 2006.

The Council noted that the Cabinet had established a new Cabinet Committee of five Cabinet members to review this contract.  The Committee was required to report to the Cabinet by not later than the meeting scheduled to take place on 10 April 2006.

Recommendation:

To appoint five cross-party members to attend the first Contract Monitoring Board meeting due to be held in March 2006.

(Head of Research and Democratic Services) At its meeting on 19 December 2005, the Cabinet considered monitoring arrangements for the Leisure Monitoring contract to ensure that the Council’s Key Objectives are being met.

The Cabinet decided that there should be monthly meetings between the contractor, Sports and Leisure Management Limited (SLM), and officers to consider regular reports and any operational issues. In addition, the Cabinet established a Contract Management Board to allow councillors to meet with the senior management and directors of SLM in order to review the contract at a more strategic level. The Cabinet envisaged the Board meeting three times a year.

The Cabinet is proposing that the Board should comprise five cross-party members including the Leisure Portfolio Holder to be appointed each year at the Annual Council meeting. However, as the contract commenced in January 2006, a meeting of the Board is required before the next Annual Council meeting in May 2006. The Council is recommended, therefore, to appoint five cross-party members based on the nominations of Group Leaders and including the Leisure Portfolio Holder to attend the first meeting.

The following nominations had been received at the time of publication of the agenda for this meeting:

Liberal Democrats Group - Councillor J M Whitehouse

Independent Group – Councillor J Knapman

Nominations of other Group Leaders will be reported at the meeting.

The Council was informed that the Cabinet had decided that there should be monthly meetings between the contractor, Sports and Leisure Management Limited (SLM) and officers to consider regular reports and any operational issues.  In addition the Cabinet had established a Contract Management Board to allow councillors to meet with the senior management and directors of SLM in order to review the contract at a more strategic level.  The Cabinet had envisaged that the Board would meet three times a year.

Members noted that the Cabinet was proposing that the Board should comprise five cross-party members including the Leisure Portfolio Holder to be appointed each year at the Annual Council meeting.  However, as the contract had commenced in January 2006, a meeting of the Board was required before the next Annual meeting in May 2006.  The Council considered nominations of Group Leaders to attend the first meeting.

            RESOLVED:

            That the Council be represented at the first Contract Monitoring Board meeting due to be held in March 2006 by Councillors C Whitbread (Leisure Portfolio Holder), S Barnes, K Faulkner, J Knapman and J M Whitehouse.

(Environmental Protection Portfolio Holder) To note the attached report.

(Mover:  Councillor D Jacobs, Portfolio Holder for Environmental Protection)

The Portfolio Holder for Environmental Protection submitted a report on urgent action which had been taken in relation to the Council’s waste management contract.

Report as first moved ADOPTED

            RESOLVED:

            That the following action authorised as urgent pursuant to paragraph 2.65 of Appendix B to the Council’s Financial Regulations and paragraph 21 of the Council’s Overview and Scrutiny Rules be noted:

            approval of one-off interim funding of £20,000 to support the delivery of the waste collection service for the month of January 2006.

To consider the attached report.

The Council noted that under the Epping Forest Acts 1878 and 1880, an election was held every seven years to appoint verderers to take seats on the Epping Forest and Open Spaces Committee of the Corporation of the City of London.

A meeting of electors for the Northern Forest parishes, including the District Council, would be held on 6 March 2006 for the purpose of nominating and seconding candidates.  If a ballot was demanded this would be held on 8 March 2006.

In accordance with Section 100(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council’s Procedure Rules, the Chairman had permitted on grounds of urgency, consideration of this item in order to meet the timescale set by the Corporation of the City of London.

            RESOLVED:

            That the Chairman of the Council, Councillor B Sandler, be authorised to attend the meeting of electors on 6 March 2006 to make any nomination(s) on behalf of the Council and, if necessary, to vote at the poll on 8 March 2006.