Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 21 February 2006 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 21 February 2006 be taken as read and signed by the Chairman as a correct record subject to the deletion of Councillor Stallan’s name from Minute 71(a) (Declarations of Interest).

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

(a)            Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in agenda item 8(d) (Report of the Cabinet – Supplementary Estimates and Virement – Waste Management Contract).  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.

(b)            Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in agenda item 14 (Waste Management Service).  He declared that his interest was prejudicial and that he would be leaving the meeting for the duration of the consideration of the item and voting thereon.

(c)            Pursuant to the Council’s Code of Member Conduct, Councillors Mrs P Brooks and Ms S-A Stavrou declared personal interests in agenda item 11(a) (Motion – Olympic Slalom Venture – Broxbourne) by virtue of being Council representatives on the Lee Valley Regional Park Authority.  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.

(d)            Pursuant to the Council’s Code of Member Conduct, Councillors Mrs S Perry, C Whitbread and J M Whitehouse declared personal interests in agenda item 8(d) (Report of the Cabinet – Supplementary Estimates and Virement – Epping Drinking Fountain) by virtue of being Epping Town Councillors.  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.

(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.

(a)            Chairman’s Announcements

(i)            Chairman’s Charity Walk

            The Chairman reported that the walk in aid of his charities due to have taken place on 2 April 2006 had been cancelled due to a lack of support.  He thanked those who had sent in a booking fee and had requested that it be kept as a donation to the charities.

(ii)            Chairman’s Charity Abseil

The Chairman advised that an abseil of the Church Langley Water Tower would be taking place on 30 April 2006 in aid of his charities.  His daughter Tanya, would be taking part and he invited members to sponsor her by completing forms which were before them.

(iii)            Retiring Members

The Chairman thanked the following members, who were not seeking re-election on 4 May 2006, for their service to the residents of Epping Forest District:

Mrs Joan Davis, Michael Heavens, Len Martin, Fergus Maclaine, Ken Faulkner, Leo McKnight and Barry Scrutton.

The Chairman advised that Councillor Mrs J Davis and former Councillor M Heavens would be invited to attend the Annual Council Meeting to be presented with glassware in recognition of their long service, at which time members would be given an opportunity to pay tribute to their service.  By leave of the Council, Councillor S Murray paid tribute to the work undertaken by Councillor Mrs Davis and for the help and guidance she had given him during the past 30 years.

Councillor Mrs J H Whitehouse paid tribute to the contribution to the Council by Councillors L Martin and F Maclaine and wished them long and happy retirements.

Councillor Mrs D Collins paid tribute to the contribution to the Council by Councillor K Faulkner and wished him well in his retirement.

Councillor R Morgan endorsed the comments made by other members and wished all of the five retiring members who would not be present at the Annual Meeting best wishes for the future.

(iv)            Flowers

The Chairman announced that the flowers from tonight’s meeting would be given to Councillor Mrs J Davis.

(b)            Members' 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.

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

Recommendation:

To note that in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor M Cohen has given notice that he has joined the Conservative Group.

1. (Head of Research and Democratic Services) The Council has received the required notice under the Local Government (Committee and Political Groups) Regulations 1990 that Councillor M Cohen joined the Conservative Group on 31 March 2006.

2. The Conservative Group has not requested a review of pro rata membership of Committee and Sub-Committee places pending the forthcoming elections. The views of other Group Leaders will be reported at the meeting.

By leave of the Council, agenda items 5 (Councillor M Heavens) and 6 (Councillor M Cohen) were taken together.

Members noted that M Heavens had resigned as a Councillor on 20 March 2006.  Following notification and public notice of the vacancy, a request for an election to fill the vacancy had been received, nominations had been made, and an election would take place at the same time as other elections on 4 May 2006.

The Council noted that the required notice under the Local Government (Committee and Political Groups) Regulations 1990 had been received advising that Councillor M Cohen had joined the Conservative Group on 31 March 2006.

The Council considered the need for a review of pro rata membership of committees and sub-committees for the remainder of the current municipal year.

Motion moved by Councillor R Morgan and seconded by Councillor K Faulkner:

“That, in view of the late stage of the Council year, the normal requirement for a review of pro rata membership as a consequence of the resignation of Councillor M Heavens and Councillor M Cohen transferring to the Conservative Group be waived and referred to the Annual Council Meeting when such a review will take place automatically”.

ADOPTED

            RESOLVED:  Unanimously.

Recommendations:

(1)  To consider the request of Councillor D. Spinks under section 85(1) of the Local Government Act 1972 for leave of absence from Council duties up to and including the Council meeting on 29 June 2006 on grounds of ill health; and

(2)  To agree to review the position at the Council meeting in June 2006.

1.  (Head of Research & Democratic Services) Section 85(1) stipulates that if an elected member does not attend any meeting of the Council, a Committee, Sub Committee or other body at which the functions of the Council are carried out for a period of six months from their last attendance, the member is thereupon disqualified from office at the end of that period.  A notice of vacancy is then published and a bye election held to fill the seat.

2.  Section 85 (1) also stipulates that the Council may approve reasons for the member's absence before the six month period expires.  This will then avoid the disqualification.  Normal practice is to link the period of approval to a future Council meeting and then review the approval.

3.  Councillor Spinks last attended a meeting which complies with Section 85 (1) on 13.12.05 (Council meeting) and if a leave of absence request is not granted at this Council meeting or the Annual meeting, a vacancy would occur on 14 June 2006.  He is currently receiving medical treatment which is estimated to last 10 weeks.

The Council was advised that Section 85(1) of the Local Government Act 1972 stipulated that if an elected member did not attend any meeting of the Council, a Committee, Sub-Committee or other body at which the functions of the Council were carried out for a period of six months from their last attendance, the member was thereupon disqualified from office at the end of that period.  A notice of vacancy was then published and a by-election held to fill the seat.

Section 85(1) also stipulated that the Council could approve reasons for the member’s absence before the six month period expired.  This would then avoid the disqualification.

The Council noted that Councillor D Spinks had last attended a meeting which complied with Section 85(1) on 13 December 2005 (Council meeting).

Councillor Mrs D Collins advised that Councillor Spinks was currently receiving medical treatment which was estimated to last for 10 weeks.  Councillor R Glozier, who had been looking after Councillor Spinks’ Portfolio in his absence, reported that Councillor Spinks whilst not able to attend meetings, was continuing to take a close interest in Council activities and they had regularly discussed matters over the telephone during the past few weeks.

            RESOLVED:

            (1)            That, in accordance with Section 85(1) of the Local Government Act 1972, Councillor D Spinks be given leave of absence from Council duties up to and including the Council meeting on 29 June 2006 on grounds of ill health; and

            (2)            That the position be reviewed at the Council meeting on 29 June 2006.

To consider the following reports of the Cabinet:

(a)            Calendar of Council Meetings – 2006/07

(Mover:  Councillor S Barnes – Portfolio Holder for People First)

The Council received a report from the Portfolio Holder for People First concerning the calendar of Council meetings for the 2006/07 municipal year.  By leave of the Council, Councillor Barnes drew attention to the omission of a meeting of Area Plans Sub-Committee ‘D’ from the calendar and requested that a meeting of that Sub-Committee be held on 3 January 2007 with the dates of the remaining Area Plans Sub-Committees being put back one week to reflect this change.

Report as amended ADOPTED

            RESOLVED:

            That the calendar of meetings for the period May 2006 – May 2007 be adopted as set out in Appendix 1 to these minutes.

(b)       Public Consultation and Engagement Strategy and Policy

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

The Portfolio Holder for Finance and Performance Management submitted a report following a review of the Council’s Consultation Strategy.  He advised that the Council’s existing Consultation Strategy had been published in 1999 in response to the introduction of Best Value legislation, and had not been reviewed or updated since that time.  The review had provided an opportunity to set out an overall corporate approach to consultation and engagement.  The new policy and strategy would be embedded across the Council as part of the Authority’s Constitution, and sought to address the issue of inclusivity amongst minority groups and communities that might not always be fully engaged or represented.  The Council noted that the Finance and Performance Management Overview and Scrutiny Panel had supported the adoption of the draft policy and strategy.

Report as first moved ADOPTED

            RESOLVED:

            That the draft Public Consultation and Engagement Strategy and Policy be adopted.

(c)            Planning Enforcement – Birchfield, Epping Lane, Stapleford Tawney

(Mover:  Councillor R Glozier, Planning and Economic Development Portfolio Holder)

The Planning and Economic Development Portfolio Holder submitted a report on the condition of land at Birchfield, Epping Lane, Stapleford Tawney following unauthorised use by travellers.  He also drew attention to enforcement action and proceedings which had been taken in order to secure the cessation of the use and the restoration of the site to its former condition.

The Council noted that since the site had been vacated by the travellers and had become derelict, the acknowledged harm already caused by the unlawful use and associated works had been exacerbated.  Moreover, the use of an additional vehicular access to the site off Epping Lane had caused additional harm to the safe and free flow of traffic using Epping Lane.  To remedy the harm already caused and to prevent further exacerbation of that harm, it was necessary to take steps to secure compliance with the enforcement notice and return the land to its original condition.  That would create the conditions for the lawful use of the land to resume.  The Council was advised that a separate report would be made on the need for a supplementary estimate to cover the  ...  view the full minutes text for item 90.

To consider a report on the title, terms of reference and procedure for the Housing Appeals Panel.

(Mover:  Councillor Mrs D Collins, Chairman of the Overview and Scrutiny Committee)

The Chairman of the Overview and Scrutiny Committee submitted a report proposing changes to the terms of reference and procedure for the Housing Appeals Panel.

Report as first moved ADOPTED

            RESOLVED:

            (1)            That the Panel be renamed “Housing Appeals and Review Panel”;

            (2)            That references in the Panel’s terms of reference to “appeal” and “appellant” in homelessness cases be replaced with the words “application”, “review” and “applicant”, as appropriate;

            (3)            That the written representations procedure be discontinued;

            (4)            That persons be advised strongly to appear before the Panel in order to ensure that all the relevant facts are made known;

            (5)            That the appropriate officers be required to attend all meetings to present their case, whether or not the person applying to the Panel is in attendance, so that the Panel is able to examine matters in detail by asking questions and seeking clarification of the issues;

            (6)            That the requirements regarding substitutes be amended to read:

            “Each political group represented on the Panel shall be required to nominate the equivalent number of substitutes to cover for any member of the Panel who is unavailable”;

            (7)            That the requirement for meetings not being held in the absence of both the Chairman and Vice-Chairman of the Panel be removed and replaced with a requirement that in the absence of both, a Chairman be appointed from the members (not substitutes) present at the meeting; and

            (8)            That consequential changes be made to the Panel’s terms of reference in the Constitution.

            Recommendation:

            To consider and approve the Annual Report of Scrutiny for 2005-06.

(Chairman of the Overview and Scrutiny Committee) To receive and consider the annual report of Overview and Scrutiny as required by the Constitution.

(Mover:  Councillor Mrs D Collins, Chairman of the Overview and Scrutiny Committee)

The Chairman of the Overview and Scrutiny Committee drew attention to the Annual Overview and Scrutiny report produced in accordance with Overview and Scrutiny procedure rule 24 of the Constitution.  She advised that this was the fifth annual report to the Council and the first under the new scrutiny regime instituted by the Council in April 2005, incorporating Scrutiny Standing and Task and Finish Panels.

Report as first moved ADOPTED

            RESOLVED:

            That the work undertaken by the Overview and Scrutiny Committee, the Scrutiny Standing Panels and the Task and Finish Panels during the past municipal year as detailed in the Annual Report be noted.

(a)   To consider the following motion, notice of which has been given under Council procedure Rule 11.

Olympic Slalom Venture – Broxbourne

"That this Council -

(a)        notes that a number of key stakeholders including Essex and Hertfordshire District Councils and Broxbourne Borough have already been identified as becoming involved with the Olympic Slalom Venture project to be located in Broxbourne;

(b)        notes the proximity of the project to the District boundary;

(c)        agrees that, in view of the size of the project, the levels of construction traffic from 2007/8 and the general effect on the future of the Epping Forest District once the Slalom Centre is fully established including a continuing high level of traffic, the Council should seek active involvement in the project;  and

(d)                           requests the Head of Planning and Economic Development to pursue the matter as it is understood that the Assistant Director of the Lee Valley Regional Park Authority is prepared to recommend that this Council should be involved".

Mover: Councillor Mrs D Borton

Seconder: Councillor R Morgan

(b)   To consider any other motions received after the publication of the agenda.

(a)            Olympic Slalom Venture – Broxbourne

The Council considered the following motion moved by Councillor Mrs D Borton and seconded by Councillor R Morgan:

“That this Council –

(a)        notes that a number of key stakeholders including Essex and Hertfordshire District Councils and Broxbourne Borough have already been identified as becoming involved with the Olympic Slalom Venture project to be located in Broxbourne;

(b)        notes the proximity of the project to the District boundary;

(c)        agrees that, in view of the size of the project, the levels of construction traffic from 2007/8 and the general effect on the future of the Epping Forest District once the Slalom Centre is fully established including a continuing high level of traffic, the Council should seek active involvement in the project; and

(d)            requests the Head of Planning and Economic Development to pursue the matter as it is understood that the Assistant Director of the Lee Valley Regional Park Authority is prepared to recommend that this Council should be involved”.

Motion as first moved ADOPTED

            RESOLVED:

            That this Council –

            (a)            notes that a number of key stakeholders including Essex and Hertfordshire District Councils and Broxbourne Borough have already been identified as becoming involved with the Olympic Slalom Venture project to be located in Broxbourne;

            (b)            notes the proximity of the project to the District boundary;

            (c)            agrees that, in view of the size of the project, the levels of construction traffic from 2007/8 and the general effect on the future of the Epping Forest District once the Slalom Centre is fully established including a continuing high level of traffic, the Council should seek active involvement in the project; and

            (d)            requests the Head of Planning and Economic Development to pursue the matter as it is understood that the Assistant Director of the Lee Valley Regional Park Authority is prepared to recommend that this Council should be involved.

(b)            Refuse Collection – Wheeled Bins

The Council considered the following motion moved by Councillor S Metcalfe and seconded by Councillor D Stallan

“That in view of continued public concern regarding the size of the wheeled bins currently being delivered to our residents, the Portfolio Holder for Environmental Protection undertakes an immediate review of the current policy for issuing larger bins and recognises that as a Council we should listen not lecture!”

First amendment moved by Councillor R D’Souza and seconded by Councillor Mrs P Smith

“That the review be undertaken by a Task and Finish Panel of Overview and Scrutiny and not the Portfolio Holder”.

Carried

Second amendment moved by Councillor Mrs J H Whitehouse and seconded by Councillor Mrs A Haigh

“That the review include consideration of the recycling of aluminium foil which if achieved would substantially reduce the amount of residual waste”.

Carried

Closure motion moved by Councillor Mrs J Davis and seconded by Councillor S Barnes in accordance with Council Procedure Rule 13.11

“That the vote be put on the substantive motion”.

Lost

Third amendment moved by Councillor Mrs C Pond and  ...  view the full minutes text for item 93.

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)                 By Councillor Mrs J Davis to Councillor S Metcalfe, Portfolio Holder for ICT and Corporate Support Services

“Is the Portfolio Holder aware of

(a)   the Government’s announcement in November 2005 to change its policy of using call centres and instead increasing contacts with citizens via mobile phones and digital television

(b)   performance information published by Ashford Borough Council for November 2005 to January 2006 that approximately 11,000 out of a total of 57,000 calls were abandoned 

and is he, in the light of this information, prepared to review  the Council’s proposals for the customer contact centre and customer services transformation programme?” 

(ii)      By Councillor Mrs J Davis to Councillor R Glozier, Portfolio Holder for Planning and Economic Development

           “Would the Portfolio Holder agree that as the post of Town Centre Manager is funded for a period of three years through a Section 106 Agreement with Sainsbury’s Plc in order to focus on town centres at the Broadway, Loughton, High Road, Loughton and Buckhurst Hill, that the post holder should not have a wider remit and should focus her activities on these three centres rather than other town centres in the District so as to avoid conflicting the terms of the Section 106 Agreement?”

(ii)               By Councillor Mrs M Boatman to Councillor J Knapman, Portfolio Holder for Finance and Performance Management

“In view of the time being taken to re-let shops at the Broadway, Loughton, does the Portfolio Holder agree that a review of renting/leasing policy for those shops is well overdue?”

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

(a)            Customer Services Transformation Programme

By Councillor Mrs J Davis to Councillor S Metcalfe, Portfolio Holder for ICT and Corporate Support Services

“Is the Portfolio Holder aware of

(a)       the Government’s announcement in November 2005 to change its policy of using call centres and instead increasing contacts with citizens via mobile phones and digital television;

(b)            performance information published by Ashford Borough Council for November 2005 to January 2006 that approximately 11,000 out of a total of 57,000 calls were abandoned

and is he, in the light of this information, prepared to review the Council’s proposals for the customer contact centre and customer services transformation programme?”.

Response by Councillor S Metcalfe, Portfolio Holder for ICT and Corporate Support Services

“Yes, I am fully aware of these changes to Central Government policy.  The Government are merging both departmental contact centres and websites in an attempt to deliver a far more joined up approach to customer service and reduce the costs of running multiple contact centres and websites.

This is in fact what the Customer Services Transformation Programme (CSTP) proposals will achieve for this Council.  The CSTP proposals effectively join together the various customer service functions throughout the Council and deliver them from one single service.  This new service will embrace the website, “face to face” and telephone call customer contact.

I have in fact visited the Ashford Borough Council contact centre and they did admit that the current abandonment rate of 19% was not acceptable and were addressing this through increasing staff resources at peak times through home working.

However, as indicated in my original CSTP scoping report in October 2005, the Council’s current abandonment rate is 33%.  So, therefore, even Ashford’s currently poor performance does highlight the benefits of a customer contact centre approach even when under-resourced.  This also reinforces the need for the Council to move swiftly forward with the CSTP to ensure that all customers of the Council get a consistent and timely service”.

(b)       Town Centre Manager

By Councillor Mrs J Davis to Councillor R Glozier, Portfolio Holder for Planning and Economic Development

“Would the Portfolio Holder agree that as the post of Town Centre Manager is funded for a period of three years through a Section 106 Agreement with Sainsbury’s Plc in order to focus on town centres at the Broadway, Loughton, High Road, Loughton and Buckhurst Hill, that the post holder should not have a wider remit and should focus her activities on these three centres rather than other town centres in the District so as to avoid conflicting the terms of the Section 106 Agreement?”

Response by Councillor R Glozier, Portfolio Holder for Planning and Economic Development

“It pains me to have to disagree with Councillor Mrs Davis, in what might be her last question to Council, but I am afraid the short answer would have to be “no, I don’t agree”.

The Sainsbury’s Section 106 Agreement provided funding for a Town Centre Manager for three years (we have about a year to go).  ...  view the full minutes text for item 94.

The Leader of the Council reported that the current quorum for Cabinet meetings was five Portfolio Holders.  At present, there was one vacancy on the Cabinet following the resignation of Councillor M Heavens.  The absence due to health reasons of Councillor D Spinks had also resulted in the Civil Engineering and Maintenance Portfolio being covered by Councillor R Glozier in addition to the Planning and Economic Development Portfolio.

Of the remaining Cabinet members, three were standing for re-election on 4 May 2006.  Contingency planning indicated that if all three were not re-elected, the Cabinet would lose a quorum and be unable to make any urgent decisions after the three Councillors ceased to be members.  The date in question was from 8 May 2006 (namely the commencement of the fourth day following election day).

The Council considered proposals for ensuring that the Cabinet remained quorate between 8 May 2006 and the Annual Meeting of the Council on 18 May 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 as this was the last meeting of the Council before the period in question.

            RESOLVED:

            (1)            That the Leader of the Council be given delegated authority to appoint members to fill any vacancy which occurs on the Cabinet during the period from 8 May 2006 to 18 May 2006 as a result of the District Council elections on 4 May 2006 so as to maintain a quorum of five members for any urgent decision-making required during that period;

            (2)            That, in the event of the Cabinet not being quorate following the elections on 4 May 2006, any appointments be made as a matter of urgency to secure a quorum on the recommendation of the Group Leader of the political group which currently holds the vacated seat, namely:

            Councillor S Barnes – by the Labour Group

            Councillor R Glozier – by the Conservative Group

            Councillor D Jacobs – by the Liberal Democrats Group

            (3)            That if any of the Councillors listed in (2) above is re-elected on 4 May 2006, the Leader of the Council be authorised to re-appoint them to the Cabinet until the Annual Council meeting subject to their signing a declaration of acceptance of office;

            (4)            That, in the event that there is no Group Leader or Deputy Leader available to nominate, the Leader of the Council be authorised to make such appointments as maintain the best party balance which is achievable in the circumstances;

            (5)            That the Leader of the Council be further authorised to appoint a Deputy Leader if he considers one to be necessary in the circumstances prevailing, such appointment to be made from any political group and from within the Cabinet membership prior to polling day; and

            (6)            That the current vacancies in respect of the Housing and Civil Engineering and Maintenance Portfolios be disregarded for this exercise.

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.

            RESOLVED:

            That in accordance with Section 100(a)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act indicated and it is considered that the exemption outweighs the potential public interest in disclosing the information:

            Agenda Item            Subject            Exempt Information

            Number                    Paragraph Number

            14            Waste Management Service            3 and 4

The Chairman advised that 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, he had permitted on grounds of urgency, consideration of this matter in order to maintain the operation of the waste management service.

The Portfolio Holder for Environmental Protection reported that following the on-going difficulties with the waste management contract, the Cabinet on 12 April 2006 had agreed that officers should negotiate with Cory Environmental Municipal Services Ltd with respect to achieving a novation of the contract from South Herts Waste Management (SHWM).

On 19 April 2006 SHWM had gone into administration and the court had appointed Price Waterhouse Coopers (PWC) as the Company Administrator.  Officers had met with PWC to establish their intentions and at present they were content to enable the continuation of the services whilst the Council sought to reach agreement with Cory Environmental.  However, some form of agreement needed to be achieved by not later than 3 May 2006.

Members were advised that in order to maintain the services it would be necessary to be able to:

(a)            maintain the operation of the fleet, including fuel and maintenance;

(b)        meet other operational costs; and

(c)        pay the operatives salary costs

whilst negotiations were concluded.

In the main, an agreement had been reached with the Administrator that payments would be made via PWC, however, it might become necessary to make a payment direct to a third party provider in order to ensure service continuation.

The Council considered proposals for ensuring that, given the clear time constraints involved in this process, action could be taken when necessary.

            RESOLVED:

            That in order to maintain a continued operation of the waste management service:

            (a)            the Joint Chief Executives, the Head of Finance or the Head of Environmental Services be authorised to negotiate with and make operational payments required to secure the continuation of the service to either the Court Appointed Administrator or to key service providers;

            (b)            the Joint Chief Executives, the Header of Finance or the Head of Environmental Services be authorised to enter into hire agreements or licences with Barclays Bank and the Bank of Scotland in respect of the waste management fleet (refuse and street cleansing vehicles etc);

            (c)            retrospective approval be given to the appointment of Harrison Clark to provide support to officers in dealing with complex contract and insolvency issues;

            (d)            in addition to the £200,000 supplementary estimate approved earlier at this meeting, a further supplementary estimate of £100,000 be approved to facilitate negotiations with the Administrator, the funding of key service suppliers and negotiations with Cory Environmental Municipal Services Ltd;

            (e)            Contract Standing Orders be waived where necessary, with any instances reported back to Council at the earliest opportunity; and

            (f)            negotiated settlement payments for terminating the waste management contract with South Herts Waste Management to be made to the Court Appointed Administrator and the terms of the novation agreement with Cory Environmental Municipal Services Ltd be approved by  ...  view the full minutes text for item 97.