Agenda and minutes

Council - Tuesday 20th February 2007 7.30 pm

Venue: Council Chamber - Civic Offices. View directions

Contact: Council Secretary: Ian Willett  Tel: 01992 564243 Email:  iwillett@eppingforestdc.gov.uk

Items
No. Item

72.

Webcasting Introduction

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

 

2.         The Chairman will read the following announcement:

 

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

 

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

 

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery”

Minutes:

The Chairman reminded everyone present that the meeting would be broadcast live to the Internet, and would be capable of repeated viewing.

73.

Minutes pdf icon PDF 58 KB

To approve as a correct record and sign the minutes of the meeting held on 19 December 2006 (attached).

Additional documents:

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 19 December 2006 be taken as read and signed by the Chairman as a correct record.

74.

Declarations of Interest

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

Minutes:

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

75.

Announcements

(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.

Minutes:

(a)            Chairman’s Announcements

 

(i)            Councillors M Cohen and D Spinks

 

The Chairman announced that she would be writing to Councillor Cohen who had been in hospital recently and to Councillor Spinks who was still unwell.

 

(ii)            ‘Celebration of Faith’ Civic Service

 

The Chairman thanked members for their attendance at the service held on 28 January 2007.  She advised that the service had showed the rich cultural heritage of the District and a collection taken had raised £400 which would be split equally between her charities.

 

(iii)       Quiz Night

 

The Chairman reported that the Quiz Night in aid of her charities held on 9 February 2007 had raised almost £1,000.  She thanked members for their support.

 

(iv)            Antiques Roadshow

 

The Chairman encouraged members to attend an Antiques Roadshow being held in aid of her charities on 14 April 2007 at Chigwell School.

 

(v)            Charity Walk

 

The Chairman reported that with the assistance of Councillor R Morgan, she was making arrangements for a walk through private woodland in aid of her charities on 13 May 2007 to be followed by a ploughman’s lunch.

 

(vi)      Abseil – Water Tower, Church Langley

 

The Chairman encouraged members to volunteer to take part in an abseil in aid of her charities to be held on 5 May 2007.

 

(vii)            Epping Forest District Museum

 

The Chairman urged members to visit two temporary exhibitions currently being held at the museum.  One explored the memories of people who had migrated to this country from the 1950s onwards to work in the glasshouses in the Lee Valley.  The other was an exhibition of costumes from the Regency period to the last century.

 

(viii)    Civic Awards and Dinner

 

The Chairman reported that she had received a good response to the invitations to attend the Civic Awards and dinner on 1 March 2007.  She pointed out however, that many of the responses had only recently been received and she encouraged members to respond earlier to such invitations in the future.

 

(ix)            Flowers

 

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

 

(b)            Leader’s Announcements

 

(i)            Inclement Weather – 8 February 2007

 

Councillor Mrs D Collins thanked staff for their efforts in attending work on the day of the recent snowfall.  She pointed out that although there had been a high level of absenteeism over the country as a whole, the majority of Council staff had managed to attend work on that day.

 

(ii)        Staff Awards

 

Councillor Mrs Collins gave notice of an intention to propose a staff awards scheme in recognition of good service, innovation etc.

76.

Public Questions (If Any)

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 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 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.

Minutes:

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

77.

Reports from the Leader, Chairman of the Overview and Scrutiny Committee and Members of the Cabinet pdf icon PDF 30 KB

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their areas of responsibility:

 

 

(a)   report of the Leader;

(b)   report of the Chairman of the Overview and Scrutiny Committee (attached);

(c)   report of Civil Engineering and Maintenance Portfolio Holder;

(d)   report of Community Wellbeing Portfolio Holder (attached);

(e)   report of Customer Services, Media, Communications and ICT Portfolio Holder;

(f)     report of Environmental Protection Portfolio Holder;

(g)   report of Finance, Performance Management and Corporate Support Services Portfolio Holder;

(h)   report of Housing Portfolio Holder (attached);

(i)      report of Leisure and Young People Portfolio Holder;

(j)      report of Planning and Economic Development Portfolio Holder (attached).

Additional documents:

Minutes:

The Council received reports (circulated) from the Chairman of the Overview and Scrutiny Committee, the Community Wellbeing Portfolio Holder, the Environmental Protection Portfolio Holder, the Housing Portfolio Holder and the Planning and Economic Development Portfolio Holder.

 

By leave of the Council, the Leader of the Council made an oral report.  Councillor Mrs D Collins advised that members had received presentations on 17 February 2007 from the Council’s consultant, officers and lobby groups in respect of the Secretary of State’s proposed changes to the draft East of England Plan.  She also advised that she had met with representatives of Harlow Renaissance, an interim local delivery vehicle established by local partners to support and take forward regeneration of Harlow.  In addition she was due to meet with the Planning and Economic Development Portfolio Holder, representatives of Harlow District Council in order to discuss future development.  She reported that Council officers had met with representatives of East Herts District Council.  She emphasised that there was a need to discuss and work with neighbouring authorities in order for the Council to retain control of future development.

 

Councillor Mrs Collins advised that the sale of the T11 Site, Langston Road, Loughton had been advertised and offers were awaited.

78.

Questions by Members Without Notice

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 6 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.

Minutes:

(a)            London Olympic Games and Paralympic Games

 

By Councillor B Sandler to Councillor Mrs D Collins, Leader of the Council

 

What action is being taken to ensure that this Council is involved in preparations for the Olympics?

 

Response by Councillor Mrs D Collins, Leader of the Council

 

Together with the Leisure and Young People Portfolio Holder and the Head of Leisure Services I have met County Councillor Stephen Castle who has a seat on the Olympic “Nations and Regions Group”, the body charged by the main Olympic organising committee with promoting and encouraging the games outside of the Capital.  We have initiated discussions on how we can maximise participation and benefit for both local people and businesses.  An event would be arranged with local businesses in order to obtain their views and members would receive details of the event when it had been organised.  Discussions were to be held shortly with Broxbourne Borough Council regarding the white water canoeing scheme being developed in that area.  Possible ancillary uses in the Epping Forest District included parking facilities and areas for tented accommodation.

 

(b)            Highway Services – Loughton Roding Ward

 

By Councillor S Murray to Councillor A Green, Civil Engineering and Maintenance Portfolio Holder

 

In the Ward I represent there have been street lights out at a major traffic junction for over two months, a major traffic route has potholes and footways are full of potholes and are liable to flooding.  Would the Portfolio Holder like to comment on the deplorable level of service offered to this District by Essex County Council Highways?

 

Response by Councillor A Green, Portfolio Holder for Civil Engineering and Maintenance

 

I have not been advised of these matters previously but I am happy to take them up with Essex County Council Highways on Councillor Murray’s behalf.

 

(c)               Highway Services – Buckhurst Hill East Ward

 

By Councillor M Woollard to Councillor A Green, Portfolio Holder for Civil Engineering and Maintenance

 

I would draw the attention of the Portfolio Holder to the disgraceful state of the highways in the Buckhurst Hill East Ward; they are full of potholes and failing reinstatements; lack of money should not be an excuse for poor maintenance; individual Councillors have complained to the County Council but have not received a response; I would ask the Portfolio Holder to make representations on our behalf in the hope that these will carry more weight.

 

Response by Councillor A Green, Portfolio Holder for Civil Engineering and Maintenance

 

To save other Councillors from expressing their frustration about the condition of local highways, I am happy to take up concerns regarding the condition of highways across the whole District.

 

(d)               Residual Waste

 

By Councillor P MacMillan to Councillor S Metcalfe, Portfolio Holder for Customer Services, Media, Communications and ICT

 

Can the Portfolio Holder confirm that there will be a summer collection of residual waste in 2007; I need to have some assurance before canvassing for the May 2007 elections?

 

Response by Councillor S Metcalfe, Portfolio Holder for Customer Services,  ...  view the full minutes text for item 78.

79.

Motions

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.

Minutes:

No motions had been received for consideration at the meeting.

80.

Questions By Members Under Notice

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;

 

(i)                  Planning Appeals – Public Inquiries

 

Councillor Mrs P K Rush to Councillor Mrs A Grigg

 

“ Public inquiries following planning appeals are often of interest to members across the District. Would the Portfolio Holder ensure that the dates of these inquiries are published in the Members’ Bulletin at the earliest possible opportunity”.

 

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.

 

 

           

Minutes:

(a)        To any member of the Cabinet

 

(i)            Planning Appeals – Public Inquiries

 

By Councillor Mrs P K Rush to Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

 

“Public inquiries following planning appeals are often of interest to members across the District.  Would the Portfolio Holder ensure that the dates of these inquiries are published in the Members’ Bulletin at the earliest possible opportunity?”

 

Response by Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

 

“I agree that planning inquiries are of interest to many members.

 

There has long been a procedure in place whereby details of all appeals going to a hearing or a full public inquiry are listed in the Council Bulletin (see page 16 item 2 of the Bulletin of 16 February 2007 by way of example).

 

What Councillor Mrs Rush may be seeking is for earlier notice of such dates; however, when we operated the system on the basis of notification in the Bulletin as soon as a date was suggested, there were two problems.  Firstly, it did not act as a reminder because some dates were so far ahead, and secondly, quite a number of such cases had changes to dates or were withdrawn.  Far from being of assistance, this resulted in confusion for members.  Accordingly, the system now in place seeks to provide details as a reminder closer to the event, and when it is virtually certain that the appeal will go ahead.

 

Members can also use i-plan to get up-to-date information on individual cases”.

81.

Reports of the Cabinet pdf icon PDF 72 KB

To consider the following reports of the Cabinet:

 

(a)

Top Management Structure

(b)

Audit and Governance Committee

(c)

The Broadway Town Centre Enhancement

(d)

Supplementary Estimates

(e)

Council Budgets and Council Tax Declaration

Additional documents:

Minutes:

(a)       Top Management Structure

 

(Mover:  Councillor Mrs D Collins – Leader of the Council)

 

The Leader of the Council presented a report submitting recommendations regarding the process for agreeing and implementing a new structure.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            Cabinet Sub-Committee – Terms of Reference

 

            (1)            That the terms of reference agreed by the Council for the Top Management Cabinet Committee be extended as follows:

 

            (a)            to investigate a new Council Management structure for post(s) at Chief Executive level and make recommendations by 24 April 2007 for implementation thereafter which will include Hay evaluation for the posts at this level;

 

            (b)            to devise a new structure for posts at Chief Officer level (but excluding the positions of Chief Executive(s) and make recommendations to the Council by the July 2007 meeting for implementation thereafter, which would include Hay evaluation of all posts at this level; and

 

            (c)            in order to progress the matter in accordance within the timescale set by the Council, the Cabinet Committee be authorised to report directly to the Council on matters requiring Council approval without prior reference to the Cabinet;

 

            Appointments Panel

 

            (2)            That an Appointments Panel be established in accordance with Officer Employment Rule 4(a) in the Constitution in order to carry out all recruitment and selection processes required for the appointment of posts in the Top Management Structure at Chief Officer level (ie below Chief Executive level) and to make appointments;

 

            (3)            That Employment Procedure Rule 4(a) be amended as set out below:

 

            “A Panel of 7 members of the Council allocated between political groups in accordance with pro rata rules will interview and, where authorised, appoint Chief Officers.  Such a Panel shall include at least one Cabinet member”;

 

            (4)            That in order to achieve cross party representation, the Appointments Panel comprise 7 Councillors (including at least one member of the Cabinet) appointed on pro rata lines as follows:

 

            Conservative Group – 4

            Liberal Democrats Group – 1

            BNP Group – 1

            LRA Group – 1;

 

            (5)            That the Appointments Panel exclude any member of the Staff Appeals Panel;

 

            (6)            That the Council appoint a Chairman and Vice-Chairman and other members of the Appointments Panel at the Annual Council meeting 2007;

 

            Staff Appeals Panel

 

            (7)            That the Staff Appeals Panel be authorised to consider and adjudicate on any grievance or appeals arising from the decisions of the Appointments Panel; and

 

            (8)            That, for the purposes of (7) above, the Staff Appeals Panel be authorised to deal with any matters arising by reference to the Council’s Appeals or Grievance Procedures but subject to any necessary modifications required as Head of Service appointments are involved, such modifications to be the subject of a later report and approval of the Cabinet Committee.

 

(b)       Audit and Governance Committee

 

(Mover:  Councillor Mrs D Collins – Leader of the Council)

 

The Leader of the Council presented a report proposing the establishment of an Audit and Governance Committee from the Annual Council meeting in May 2007, having considered proposals made by  ...  view the full minutes text for item 81.

82.

Report of the Constitution and Member Services Scrutiny Panel pdf icon PDF 18 KB

To consider the attached report.

Additional documents:

Minutes:

Review of Contract Standing Orders, Financial Regulations and Officer Delegation

 

(Mover:  Councillor Mrs J H Whitehouse – Vice-Chairman of Overview and Scrutiny Committee on behalf of the Panel Chairman)

 

In the absence of the Chairman of the Constitution and Members Services Scrutiny Panel and the Chairman of the Overview and Scrutiny Committee, and the Vice-Chairman of the Panel, Councillor Mrs J H Whitehouse presented a report following a review of Contract Standing Orders and Officer Delegation.  Councillor Mrs J H Whitehouse advised that she had presented the report to the Cabinet on 19 February 2007 at which meeting the recommendations of the Scrutiny Panel had been endorsed.

 

The meeting noted that the Constitution and Members Services Scrutiny Panel planned to review Financial Regulations and to report thereon to the Council meeting in April 2007.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)            That the revised Contract Standing Orders be approved and incorporated into the Council’s Constitution;

 

            (2)            That the schedule of changes to Officer Delegation be adopted and incorporated into the Council’s Constitution;

 

            (3)            That in future an annual review be carried out in respect of Contract Standing Orders, Financial Regulations and Officer Delegations, in accordance with recommended best practice of the Audit Commission; and

 

            (4)            That a review of Financial Regulations be submitted to the next meeting of the Council in April 2007.

83.

Area Plans Sub-Committee 'A' pdf icon PDF 10 KB

To consider a report of Area Plans-Committee A following an operational review (attached).

Minutes:

(a)   Review of Operation

 

(Mover:  Councillor J Hart – Chairman of Area Plans Sub-Committee ‘A’)

 

Councillor J Hart presented a report following an operational review by the Sub-Committee in recognition of the decision made by the Council to increase membership to the 25 ward councillors for Area ‘A’.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)            That the following measures in order to make a 25 member sub-committee workable be introduced from the commencement of the 2007/08 Council year:

 

            (a)            acknowledging that some Councillors representing wards in Area ‘A’ may not wish to serve on the Sub-Committee, membership be determined by the Council at the commencement of each municipal year by requiring members to signify in writing that they wish to serve on the Sub-Committee for that year;

 

            (b)            those Councillors who opt into membership should do so for the whole of the Council year;

 

            (c)            those Councillors who do not opt in be deemed not to be members of the Sub-Committee for the municipal year in question;

 

            (d)            the quorum for meetings of this Sub-Committee be set at one quarter (rounded up to the nearest whole number) of the total members who have opted in to membership or five whichever is the greater;

 

            (e)            the Head of Research and Democratic Services be authorised to amend the Council’s Constitution to reflect these changes;

 

            (2)            That the following operational measures be introduced for the Sub-Committee from the commencement of the 2007/08 Council year and reviewed by the Sub-Committee after six months (ie November 2007):

 

            (a)            a revised layout for meetings at Roding Valley High School;

 

            (b)            precedence to be given to ward members during discussion of planning applications;

 

            (c)            more rigorous controls on repetition in debates;

 

            (d)            addition of relevant district wards on each planning application report.

84.

Area Plans Sub-Committee 'B' and 'C' (Combined) - Implementation pdf icon PDF 13 KB

Recommendations:

 

(1)         That the Council determine which option to adopt in relation to the Chairmanship and Vice-Chairmanship of Area Plans Sub-Committee B &C for the remainder of the current municipal year;

 

(2)         That in the event of adopting option 2(a) below, one Chairman and one Vice-Chairman be appointed and, if necessary, a review be undertaken of the pro rata allocation of chairmanships and vice-chairmanships between the political groups;

 

(3)         That in the event of adopting option (b) below, to allocate the chairman and vice-chairman positions for the three meetings to be held between 21 February and 18 April 2007;

 

(4)         That the Chairman of the District Development Control Committee be authorised to sign as a correct record the minutes of the final meetings of Area Plans Sub-Committees ‘B’ and ‘C’ held on 17 January and 24 January 2007 respectively.

 

1.      At its meeting in December 2006, the Council resolved to amalgamate Area Plans Sub-Committee ‘A’ and Area Plans Sub-Committee ‘B’.

 

2.   It is now necessary to resolve the question of the Chairmanship and Vice Chairmanship of the combined Sub-Committee for the remainder of the current municipal year.  The Council is asked to agree one of the following two options:

 

(a) to appoint one Chairman and one Vice-Chairman for the rest of the Council year following a review of pro rata applications of all positions.; or

 

(b) to continue with joint Chairmen and joint Vice-Chairmen until May 2007 - on a rota arrangement - the Council would then appoint a Chairman and Vice Chairman for the positions for the year 2007/8 at its Annual meeting.

 

3.      An oral report will be made if option 2(a) is preferred.

 

4.      It is proposed that the combined Sub-Committee will meet on the following dates:

 

21 February 2007

 

21 March 2007

 

18 April 2007

 

5.      If the Council opts for a joint Chairmanship rota for the rest of 2006/7 a means of allocating the chairman and vice-chairman positions for each of the three meetings will need to be agreed. This option will not necessitate a change in the payment of special responsibility allowance to the current chairmen.

 

6.      Details of the amalgamation of the Sub-Committees has been published be on the Council's website and an addendum has been included in the literature supplied to the public regarding speaking at meetings.

 

7.      The minutes of the final meetings of Area Plans Sub-Committees ‘B’ and ‘C’ are attached and it is recommended that the Chairman of the District Development Control Committee, the parent committee, be authorised to sign them as a correct record.

Additional documents:

Minutes:

Members considered the question of the chairmanship and vice-chairmanship of the combined Sub-Committee for the remainder of the current municipal year.

 

The Leader of the Council reported on proposals to continue with joint chairmen and joint vice-chairmen until May 2007 on a rota arrangement with the Council appointing one chairman and one vice-chairman for the year 2007/08 at its Annual Meeting.

 

            RESOLVED UNANIMOUSLY:

 

            (1)            That the remaining meetings of the combined Sub-Committee in the current year be chaired jointly by the chairmen/vice-chairmen of the former Area Plans Subs ‘B’ and ‘C’;

 

            (2)            That at each meeting of the combined Sub-Committee those items in each of the former areas ‘B’ and ‘C’ be chaired by the appropriate chairmen of the former Sub-Committees;

 

            (3)            That a single chairman and vice-chairman for the combined Sub-Committee be appointed at the Annual Council meeting for 2007/08 and in succeeding years;

 

            (4)            That the Council’s Protocol regarding allocation of chairmen and vice-chairmen positions between political groups be amended accordingly for the remainder of the current Council year; and

 

            (5)            That the chairman of the District Development Control Committee be authorised to sign as a correct record the minutes of the final meetings of Area Plans Sub-Committees ‘B’ and ‘C’ held on 17 January and 24 January 2007 respectively.

85.

Membership of Committees, Sub-Committees and Panels

Recommendation:

 

To note that Councillor R Frankel has been appointed as a member of the District Development Control Committee for the remainder of the current municipal year.

 

 

(Head of Research and Democratic Services) The Council at its last meeting on 19 December 2006, resolved that the vacancy on the District Development Control Committee be filled by a nomination from the Liberal Democrats Group to be made by the Leader of that Group.

 

Following that meeting, Councillor J M Whitehouse, Leader of the Liberal Democrats Group, advised that the vacancy would be filled by Councillor R Frankel.

Minutes:

Members were advised of the steps taken since the last meeting of the Council to fill the vacancy on the District Development Control Committee.

 

            RESOLVED:

 

            That the appointment of Councillor R Frankel as a member of the District Development Control Committee for the remainder of the current municipal year be noted.

86.

West Essex Joint Highways Panel

Recommendation:

 

To appoint a member deputy to attend meetings of the Joint Panel in the absence of the member representative, for the remainder of the current municipal year.

 

(Head of Research and Democratic Services) The Council is represented on the West Essex Joint Highways Panel by the Portfolio Holder for Civil Engineering and Maintenance and the Head of Environmental Services.

 

At the last meeting of the Council it was agreed that a member deputy be appointed to attend meetings in the absence of the member representative.

Minutes:

The Council considered the appointment of a member deputy to attend members of the Joint Panel in the absence of the member representative, for the remainder of the current municipal year.

 

            RESOLVED:

 

            That Councillor Mrs P Smith be appointed as a member deputy for the remainder of the current municipal year.

87.

Joint Arrangements and External Organisations

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

Minutes:

There were no reports for consideration under this heading.

88.

Exclusion of Public and Press

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

18

Report of the Cabinet - Top Management Structure

1,2 and 4

 

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.

Minutes:

            RESOLVED:

 

            (1)            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 the exemption is considered to outweigh the potential public interest in disclosing the information:

 

            Agenda Item No            Subject            Exempt Information

                                    Paragraph Numbers

 

                        18            Report of the Cabinet –            1,2 and 4

                                    Top Management Structure

 

            (2)            That except for the Head of Human Resources and Performance Management, the Head of Research and Democratic Services and the Democratic Services Manager, all officers be excluded from the meeting for the remaining item of business.

89.

Report of the Cabinet

(a) Top Management Structure – To consider the attached restricted report.

Minutes:

(a)   Top Management Structure

 

(Mover:  Councillor Mrs D Collins – Leader of the Council)

 

Councillor Mrs D Collins presented a report following discussions held with the two Joint Chief Executives.

 

By leave of the Council, Councillor Mrs D Collins proposed two changes to the recommendations designed to make clearer the position of the Joint Chief Executive (Community) and to deal with the financial impact of the post holder’s redundancy and early retirement.

 

Report as amended ADOPTED

 

            RESOLVED:

 

            (1)            That with effect from 1 August 2007, the structure at Chief Executive level be amended by the deletion of the posts of Joint Chief Executive (Community) and Joint Chief Executive (Resources) and the creation of a single post of Chief Executive;

 

            (2)            That the Joint Chief Executive (Community) leave the Council’s service on 31 July 2007 on grounds of redundancy and early retirement under the Council’s Severance Scheme as applicable at that time;

 

            (3)            That, pursuant to (2) above, a supplementary estimate of a maximum of £175,000 be approved to reflect the cost of early retirement and redundancy with the Top Management Cabinet Committee being authorised on behalf of the Council to approve at its next meeting on 13 March 2007 the final figure once all the costs are calculated; and

 

            (4)            That John Scott, the Joint Chief Executive (Community) be thanked for his valuable contribution to the work of the Council and the community.