Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 25 July 2006 (attached).

            RESOLVED:

That the minutes of the meeting held on 25 July 2006 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.

Pursuant to the Council's Code of Member Conduct, Councillor Mrs P Smith declared a personal interest in agenda item 3(c) (Quality Council Status) by virtue of being a member of the Epping Upland Parish Council.  The Councillor declared that her interest was not prejudicial and indicated that she would remain in the meeting for the consideration of the item.

(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)      Quality Council Status

The Epping Upland Parish Council and the Ongar Town Council have been awarded Quality Parish/Town Council status.

The Quality Parish and Town Council scheme was launched in June 2003 and is designed to provide a benchmark standard for parish and town councils and enable them to represent better the communities they serve. To achieve the required standard the councils have to meet mandatory targets in communications, accounting procedure, have an electoral mandate or at least 80% of their members elected and employ a qualified clerk.

This brings the total number of parish/town councils in the Epping Forest District with quality status to seven, out of 29 in Essex. There are 301 quality councils nationally and Essex is the leading county.

Joy Sheppard, County Secretary of the Essex Association of Local Councils, will explain the status in more detail following which the Chairman of the Council will present the awards to representatives of Epping Upland Parish Council and Ongar Town Council.

(d)      Member Computer Training – Award of Certificates

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

(e)      Legal Services – Lexcel Award

The Council’s Legal Services have been awarded Lexcel status.

Lexcel is the Law Society’s Practice Management Quality Mark awarded to legal practices and services if they are assessed as meeting the necessary requirements.

The Chairman of the Council will present a certificate to Ruth Rose, Senior Lawyer, who prepared Legal Services for assessment.

(a)            Chairman's Announcements

(i)            Webcast of meeting

The Chairman announced that this was the first full Council meeting to be broadcast live to the Internet and capable of repeated viewing.

(ii)        Royal Norwegian Air Force Visit

The Chairman reported that on Saturday 19 August 2006 she had hosted a visit to the Civic Offices by the Major General and other members of the Royal Norwegian Air Force, Royal Norwegian Air Force Veterans and Royal Air Force Veterans as part of the celebrations for the 90th Anniversary of North Weald Airfield.  She advised that the Major General had referred to the special relationship which the Royal Norwegian Air Force had with the Epping Forest District and he had congratulated the Council in preserving and maintaining the continued operation of the Airfield.  The Chairman thanked Democratic Services staff for helping to host the event and escorting members of the Group to the top of the tower which had been a highlight, particularly for the Veterans who had been able to view areas which they had previously seen when flying in and out of the Airfield.

(iii)            Charity Golf Day

The Chairman reported that the Charity Golf Day held on 18 September 2006 in aid of her charities had received generous sponsorship and that as a result she expected to be able shortly to present a new piece of equipment to Essex Ambulance Community First Responders.

(iv)      Civic Events

The Chairman advised that she would be holding a Carol Service for members and officers at St John's Church in Buckhurst Hill on 8 December 2006.  She also reported that arrangements were being made for a celebration of Faith Service at Theydon Bois Village Hall on 28 January 2007, and the Civic Awards evening on 1 March 2007 at the Prince Regent, Woodford Bridge.

(v)       Quiz Evening

The Chairman reported that arrangements were being made for a Quiz Evening in aid of her charities to be held at the Theydon Bois Village Hall on 9 February 2006.

(vi)            Flowers

The Chairman announced that the flowers from tonight's meeting would be sent to Leonard Davis House, North Weald.

(b)            Leader's Announcements

(i)         Draft East of England Plan - Report of the Panel of Inspectors following the Examination in Public

The Leader reported that a letter had been sent to the Right Honourable Ruth Kelly MP, Secretary of State for Communities and Local Government in response to the Panel's report.  She also reported that a meeting had been held earlier in the day with County Councillor Peter Martin, Deputy Leader and Planning, Environment and Culture Portfolio Holder, at which she had again sought support from the County Council for development proposals north of Harlow rather than to the south and west.  She also advised that meetings were to be held shortly with officers and members of Harlow Council to discuss the position.

(c)            Quality Council Status

The Chairman reported that Epping Upland Parish Council and Ongar Town Council had been awarded Quality Parish/Town Council status.  She  ...  view the full minutes text for item 43.

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 of the Council’s Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)     to the Leader of the Council;

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

(c)     to any Portfolio Holder.

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

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

To receive a report from the Leader on the attached correspondence supplied by  Maldon District Council concerning the Code of Conduct and bias.

To receive further written reports (to follow) from the Leader, Chairman of the Overview and Scrutiny Committee and any member of the Cabinet on matters falling within their area of responsibility.

The Chairman announced that this was the first meeting at which the Leader, Chairman of Overview and Scrutiny Committee and Members of the Cabinet had been invited to submit written reports on matters falling within their areas of responsibility.  She reminded members that in accordance with the Council's Constitution, these reports were to be taken as read but that questions could be asked about the reports under the following item on the agenda.

By leave of the Council, the Chairman invited the Leader to explain a report which had been included under this item in relation to an approach from Maldon District Council for support in making representations to the Secretary of State for Constitutional Affairs about the restrictions being imposed on elected members by the current Code of Conduct.

The Leader reported that she proposed to draft a letter in consultation with officers in response to the approach from Maldon District Council and that a copy of the draft letter would be included in the Members' Bulletin in the near future.  She stated that all members would be invited to comment on the draft letter at that time and that any comments received would be taken into account before the letter was finalised and sent.

The Council received further reports from the Leader, the Chairman of the Overview and Scrutiny Committee, the Community Wellbeing Portfolio Holder, the Housing Portfolio Holder, the Leisure Portfolio Holder, the Planning and Economic Development Portfolio Holder and the Customer Services, Media, Communications and ICT Portfolio Holder.  By leave of the Council, the Housing Portfolio Holder drew attention to amendments to his report.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 5 above; or

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

Council Procedure Rule 10.7 provides that answers to questions without notice may take the form of:

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

(b)     direct oral answer from the Chairman of the Overview and Scrutiny Committee or, at their request, from another member dealing with that issue as part of an Overview and Scrutiny review;

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

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

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

In accordance with the Council Procedure Rule 10.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply.

A protocol for determining the number of questions each Group/individual member is entitled to ask is being developed but is not available for this meeting and the Chairman will determine the process to be adopted depending on the number of questions asked.

(a)   Anti-Social Behaviour in Loughton

            By Councillor S Murray to Councillor Ms S Stavrou, Portfolio Holder for   Community Wellbeing

Is the Portfolio Holder aware

(a)   that the police are not dealing with anti-social behaviour in Loughton and , in particular, the Roding Ward;

(b)   that local residents are not satisfied;

(c)   that the 24 hour emergency mobile service is not efficient? (Councillor Murray gave an example of having himself called the number and had not received a response in 14 days).

Response by Councillor Ms S Stavrou, Portfolio Holder for Community Wellbeing

I am aware of the problems highlighted and accept the co-ordination of the anti-social behaviour policy has room for improvement. There are currently two posts vacant in the Council’s Safer Communities Team and these will be advertised shortly. I have confidence in the recently appointed Anti-Social Behaviour Co-ordinator – Paul Gardener – who has developed a good working relationship including joint tasking arrangements with Essex Police. If Councillor Murray feels that a specific area should receive closer attention he should speak to Paul Gardener.

(b)  Anti-Social Behaviour Orders

By Councillor Mrs J H Whitehouse to Councillor Ms S Stavrou, Portfolio Holder for Community Wellbeing

Are ward councillors to be involved in the implementation of anti-social behaviour orders?

            Response by Councillor Ms S Stavrou, Portfolio Holder for Community    Wellbeing

Ward members have a great deal of input into the implementation of anti-social behaviour orders, they show good local knowledge at the Crime and Disorder Panel and I will recommend at their next meeting that they will have more input.

(c)   Collection of Residual Waste

                  By Councillor M Cohen to Councillor S Metcalfe, Portfolio Holder for Customer Services, Media, Communications and ICT

What has been the re-action of residents of the District to the recent motion adopted by the Council to return to the weekly collection of residual waste?

                  Response by Councillor S Metcalfe, Portfolio Holder for Customer Services, Media, Communications and ICT

The decision to change the service was received very well by residents. They expressed their views strongly about the service, we listened to those views and brought forward proposals for weekly collections during the summer months and as a result there has been a dramatic drop in the number of complaints. The majority of calls now being received relate to operational issues and many are questioning why weekly collections will not be continued after the summer months.

(d)  Public Consultation on Waste Management Contract

            By Councillor R Frankel to Councillor S Metcalfe, Portfolio Holder for Customer Services, Media, Communications and ICT.

            Would you expand on the proposals for public consultation about the new waste management contract and the resource implications of the exercise?

                  Response by Councillor S Metcalfe, Portfolio Holder for Customer Services, Media, Communications and ICT

The public consultation exercise will be aimed at helping us to decide on the specification for the new contract. There will be widespread consultation and background information and cost implications will be published and comments will be sought. The financial  ...  view the full minutes text for item 46.

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

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

No motions had been received for consideration at the meeting.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)               to the Chairman of the Council;

(b)               to the Leader of the Council;

(c)               to the Chairman of the Overview and Scrutiny Committee or

(d)               to any Member of the Cabinet;.

Council Procedure rule 10.4 provides that answers to questions under notice may take the form of:

(a)       direct oral answer;

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

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

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

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

No questions by members had been received for consideration at the meeting.

To consider the following reports of the Cabinet:

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet, invited the Finance, Performance Management and Corporate Support Services Portfolio Holder to present reports of the Cabinet.

(a)            Supplementary Estimates

(Mover:  Councillor J Knapman - Finance, Performance Management and Corporate Support Services Portfolio Holder).

The Portfolio Holder summarised the reasons for seeking supplementary estimates.

Report as first moved ADOPTED.

RESOLVED:

(1)            That a supplementary capital estimate of £15,500 be approved for the purchase of a portable skip-type compactor for the collection of trade waste and recycling material from the Civic Offices site;

(2)            That a DDF supplementary estimate of £7,000 be approved to undertake remedial works to the Fisherman's Car Park in the Roding Valley Recreation Ground;

(3)            That a DDF supplementary estimate of £10,000 be approved for the installation of a disabled toilet at Waltham Abbey Sports Centre in order to enable the relocation of the District Sportability Club;  and

(4)            That a CSB supplementary estimate of £5,000 be approved to provide advice in relation to claims against the Council for subsidence to properties affected by preserved trees.

(b)            Review of the Capital Programme 2006/07 - 2010/11

(Mover:  Councillor J Knapman - Portfolio Holder for Finance, Performance Management and Corporate Support Services).

The Portfolio Holder advised that the progress of each scheme within the Capital Programme had been monitored and the estimated final costs and the phasing of expenditure profiles had been re-assessed.  As a result some changes and virements were proposed.

Report as first moved ADOPTED.

            RESOLVED:

(1)            That a supplementary capital estimate for 2006/07 of £8,000 be approved for the car park upgrade works being carried out at Queens Road, Buckhurst Hill;

(2)            That provision for the Loughton High Road Town Centre Enhancement Scheme be increased by £65,000 to be financed from Section 106 monies;

(3)            That an increase of £33,000 within the Finance, Performance Management and Corporate Support Services Portfolio be approved for a Countrycare replacement vehicle (£13,000) and accommodation improvements within Planning Services (£20,000);

(4)            The virements within the HRA for 2006/07 of £566,000 be approved for heating and re-wiring projects and £88,000 for other planned maintenance from:

(a)            cost reflective repairs (£428,000);

(b)            structural schemes (£120,000);  and

(c)            cyclical maintenance (£106,000);  and

(5)            That a virement within the HRA for 2006/07 of £46,000 be approved for Springfields improvements out of the savings from the Wickfields stock transfer.

(c)       Staff Code of Conduct

(Mover:  Councillor J Knapman - Portfolio Holder for Finance, Performance Management and Corporate Support Services)

The Portfolio Holder reported that although the Council had in place guidance on important aspects of staff conduct, the Audit Commission had commented that these should be included in one overall Code of Conduct for Staff.  The Council had been awaiting the National Code of Conduct for officers from the Government and there had been extensive consultation on a National Code which had resulted in the Government issuing a draft Model approximately one year ago.  However, as no further progress seemed to have been  ...  view the full minutes text for item 49.

Recommendation:

That the Statutory Statement of Accounts  2005/06 be re-approved.

(Head of Finance) The Council approved the Statutory Statement of Accounts on 29 June 2006. These accounts included information supplied by the actuary on the performance of the pension fund and the creditor to the fund as at 31 March 2006. On 1 September 2006 an email was received from Essex County Council stating that the figures that had previously been supplied were incorrect and based on an investment return of 22.8% when 26.6% should have been used. The correction of this error reduces the Pensions Liability by £2.336 million from £37.389 million to £35.053 million. This change does not affect the Revenue Balances, as there is a separate Pensions Reserve that matches the Pensions Liability. As it has been necessary to make a material change, Members are requested to re-approve the Statutory Statement of Accounts.

The revised Statutory Statement of Accounts has been circulated separately.

On 25 September 2006 the District Auditor will be presenting the letter he is required to in accordance with International Standards on Auditing 260 to the Finance and Performance Management Cabinet Committee. The letter states that the audit is  substantially complete and that he anticipates being able to issue an unqualified opinion on the accounts by 30 September 2006.

The Leader of the Council and the Finance, Performance Management and Corporate Support Services Portfolio Holder reported that as a result of an error by its actuary the Essex County Council had provided inaccurate information to the District Council in relation to the performance of the Pension Fund.  It had been necessary, therefore, to make a material change to the District Council's Statutory Statement of Accounts.

            RESOLVED:

            That the Statutory Statement of Accounts 2005/06 be re-approved.

Recommendation:

(1)      To consider a nominee to represent 8 North Essex District Councils on the Partnership; and

(2)      To authorise the Leader of the Council to cast a vote in favour of any nominee agreed at this meeting.

(Head of Research and Democratic Services) The Council has been invited, along with seven other North Essex Districts, to consider the appointment of one person to represent those councils in the activities of the Partnership. The Partnership has the status of an NHS Trust.

The Trust comprises 54 Governors made up as follows:

      Elected Public Governors : 28

      Staff Governors : 5

      Appointed Governors : 21

District Councils are represented by one of the appointed governors.

      The process of agreeing a nominee for District Councils is understood to be in the hands of the Essex Chief Executives’ Association (who will determine the process) and the Essex Local Government Association which will decide the nominee.

The Partnership is seeking someone with a background/expertise in housing of a suitable seniority. One nomination from this part of Essex (Mrs S Jackman) has been suggested.

Under the Council’s current policy, there is a presumption against governor status (or equivalent) being held by elected councillors, in view of the conflicts of interest that can be created.

(Background papers: Letter and enclosure dated 5 July 2006 and 24 August 2006 from North Essex Mental Health Partnership).  

The Chairman advised that the Council had been invited, along with seven other North Essex Districts, to nominate one person to represent those Councils in the activities of the North Essex Mental Health Partnership NHS Trust.  Members noted that since the preparation of the agenda, the suggested nominee, Mrs S Jackman had been appointed to the Partnership through another route, resulting in the need to find another nominee to represent the North Essex Districts.

Members noted that the process of agreeing a nominee for the District Councils would be determined by the Essex Chief Executives’ Association and that the nominee would be decided by the Essex Local Government Association.

            RESOLVED:

(1)            That members submit nominations to the Joint Chief Executive (Resources) and the Leader of the Council;  and

(2)            That the Joint Chief Executive (Resources) and the Leader of the Council determine whether any nominations made should be taken forward.

To receive any reports, ask questions and receive answers on the business of joint arrangements and external organisations.

The Chairman invited the Council's representatives on external organisations to make reports on the business of those organisations.

Councillor R Morgan reported that the Stansted Airport Community Trust was inviting local organisations based not more than 10 miles from Stansted Airport to apply for up to £2,000 from the fund provided by the British Airport's Authority.  He advised that further applications would be considered in the New Year and that further details could be obtained from him or from Essex County Council.

The Chairman invited members to ask questions of representatives on external organisations.

Councillor J Knapman asked if the Council was represented on an NHS Trust covering hospitals which served the south of the District.  By leave of the Council, the Joint Chief Executive (Community Services) reported that some years ago the Council had expressed concern about Whipps Cross University Hospital and following an approach to the London Borough of Waltham Forest, a District Council member had been co-opted to the London Borough Council's appropriate Scrutiny Panel.  However, no meetings had been held of the Panel and the invitation had not been repeated in recent years.

Councillor R Frankel asked Councillor A Green for a report on a recent meeting of the Highways Panel (West Area).  Councillor Green advised that he had been unable to attend that meeting and that he would provide Councillor Frankel with a response after talking to Council Officers who had been in attendance.

CHAIRMAN