Agenda and minutes

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”

The Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To approve as a correct record and sign the minutes of the meeting held on 18 December 2007 (attached).

RESOLVED:

That the minutes of the meeting held on 18 December 2007 be taken as read and signed by the Chairman as a correct record.

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

No declarations of interest were made pursuant to the Council's Code of Member Conduct.

(a)            Apologies for Absence

(b)            Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(a)       Chairman's Announcements

(i)         Flowers

The Chairman announced that the floral display from tonight's meeting would be sent to Parsonage Court, one of the Council's Sheltered Housing Schemes.

(ii)        Quiz Evening

The Chairman thanked members and staff for attending the quiz held in aid of her charity at Theydon Bois Village Hall on 8 February 2008.  She reported that the event had raised approximately £500 for her charity and that it had been an exciting evening with the winners being decided only after a tie?break.

(b)       Leisure and Young People Portfolio Holder

Councillor M Cohen, Leisure and Young People Portfolio Holder, referred to his written report to the meeting in which he had advised that the Youth Council had been established.  He reminded members that the youth councillors were not intended to be party political in any way.  The young people were representatives of their schools and colleges and not representatives of any political party.  He said that he would deplore any attempt to politicise any of the young people and asked all members to be careful not to introduce party politics in their dealings with the youth councillors.

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.

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

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their area 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 - attached;

(d)         Report of Community Wellbeing Portfolio Holder - attached;

(e)         Report of Environmental Protection Portfolio Holder;

(f)          Report of Finance, Performance Management and Corporate Support Services Portfolio Holder;

(g)        Report of Housing Portfolio Holder - attached;

(h)        Report of Leisure and Young People Portfolio Holder - attached;

(i)          Report of Planning and Economic Development Portfolio Holder.

(a)        Leader's Report

By leave of the Council, the Leader of the Council made an oral report on matters falling within her area of responsibility.

Meeting with Residents in Nazeing

Councillor Mrs Collins reported on a public meeting at which 123 residents had been present.  She advised that the meeting had discussed their concerns about heavy goods vehicles travelling through the village and also the number of gypsies and travellers in the locality.  She advised that since that meeting some steps had been taken in an attempt to address the issues which had been raised.  Essex County Council Trading Standards with co-operation from the Police had been stopping heavy goods vehicles in the locality to check that they were not overloaded.  Members of the Nazeing Parish Council had been provided with hand held cameras to check on the speed of vehicles with a view to advising the County Council on the best locations for the siting of speed cameras.  Councillor Mrs Collins also advised that in relation to the forthcoming Bumbles Green planning inquiry, the local members, the Chairman of the Parish Council and one resident had met the Council's planning barrister and consultant so that they could input to the Council's case.  This had been the first occasion in which members had been so involved and the views of counsel, the consultant and officers on this initiative were awaited.  If it was considered that this pilot scheme had been a success it was proposed that a protocol be developed with a view to members' concerns being made known so that they could be developed by those presenting the Council's case at a public inquiry.

North East London Essex Partnership

Councillor Mrs Collins reported that she had attended a meeting at County Hall with representatives of the London Boroughs of Havering, Barking and Dagenham and Waltham Forest and the Districts of Harlow and Uttlesford.  The meeting had discussed the new national Concessionary Fares Scheme which was proving to be a problem for most authorities although in view of the limited number of bus routes in this District it was not such an issue for this Council.

Telecommunications Mast - Honey Lane, Waltham Abbey

Councillor Mrs Collins reported on a discussion with local members and planning officers regarding the concerns about the telecommunications mast.  Following this discussion the matter had been considered by the Cabinet and members were advised of the decisions taken by the Cabinet at its meeting on 4 February 2008.

Meeting with Local Members of Parliament and Local County Councillors

The Council was advised that there had been another meeting of district councillors, local Members of Parliament and local County Councillors.  All three local Members of Parliament had attended and the majority of local County Councillors had also been present.  Councillor Mrs Collins advised that these meetings were now proving to be very useful forums for the discussion of matters of local interest.  At the last meeting one of the topics had been the Olympic legacy and  ...  view the full minutes text for item 100.

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. The Chairman may extend this period by up to a further 10 minutes to ensure that all political groups and independent members may have their questions answered.

(a)        Council Properties - Thermostats

By Councillor S Murray to Councillor D Stallan, Housing Portfolio Holder

In the light of the recent well publicised coroner's inquest regarding faulty thermostats in Council properties, what action are Housing Services proposing to take in relation to properties in this District.

Response by Councillor D Stallan, Housing Portfolio Holder

We have not yet received any formal Government or Health and Safety Executive advice regarding this incident.  However, I would like to thank members and officers for the pro-active work which has been undertaken.  We have met with the two gas servicing contractors to assess the risk and extent of the problem in this District.  There are properties with thermostats of the type which may fail and approximately 5,000 properties have been identified on the gas service contract.  Approximately 1,000 of those properties do not have hot water cylinders in the property and they are not therefore an issue.  There remains approximately 4,000 properties which may have the immersion heaters which have caused problems.  We need to survey the properties to confirm the numbers and we are proposing to link this to the gas servicing programme.  Approximately 1,000 properties will be serviced and surveyed in the coming year and replacement thermostats have been acquired for these properties.  Depending on what is found when these properties are surveyed we will purchase more thermostats and aim to complete surveys and work in all properties by October 2008.  We expect to undertake this exercise within existing budgets.

(b)       Site Provision for Gypsies and Travellers

By Councillor Mrs A Cooper to Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

Currently in Nazeing there is a planning application awaiting a decision by the Secretary of State for a temporary site for 12 pitches.  There is an application for another four pitches being considered by Area Plans Sub-Committee West tomorrow evening which is recommended for approval by officers.  In addition there is an appeal to be heard in April for a further 22 pitches.  If all of these additional pitches are allowed will they be offset against the requirement for this District to provide an additional 49 pitches.  Within this District there are 117 pitches, 97 of which are in Nazeing.  Can the Portfolio Holder give an assurance that in considering future site provision the existing sites will be taken into account.  I understand that the Council's Forward Planning officers are currently working on identifying new sites.  Can the Portfolio Holder advise if this work will be completed by April 2008, if not it would appear that we may have sites imposed upon us.

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

It is my understanding that if the outstanding planning applications are approved, those pitches will be set against the numbers which we are required to provide.  I think that April 2008 is ambitious in relation to identifying new sites.  A report is to be submitted to the next  ...  view the full minutes text for item 101.

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

(i)   Council & Cabinet Meetings – Public Questions

“That this Council –

(a)   notes the Council’s success in fostering public interest by allowing the public to speak on development control matters at planning meetings;

(b)   agrees that the introduction of public questions would assist in achieving more public interest in Cabinet proceedings;

(c)   resolves to ask the Cabinet to allocate up to 20 minutes at the beginning of each of their meetings to answer questions to portfolio holders by the public on Cabinet matters without prior notice;

(d)   notes that the public seldom asks questions at Council meetings and agrees that  restrictions in the current scheme about prior notice may be a disincentive;

(e)   resolves to amend the present scheme for public questions at Council meetings by removing the requirement  for the public to give prior notice both of their wish to ask questions and the content of those questions with effect from the next Council year; and

(f)     further resolves to amend the Constitution and give appropriate publicity to these changes.”

Mover:  Councillor Mrs D Collins

Seconder:  Councillor C Whitbread

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

(a)        Council and Cabinet Meetings - Public Questions

By leave of the Council, Councillor Mrs D Collins, mover of this motion amended the wording of the motion set out on the agenda

Revised Motion by Councillor Mrs D Collins and seconded by Councillor C Whitbread

"That this Council -

(a)        notes the Council's success in fostering public interest by allowing the public to speak on development control matters at planning meetings;

(b)        agrees that the introduction of public questions would assist in achieving more public interest in Cabinet proceedings;

(c)        resolves to ask the Cabinet to allocate up to 15 minutes at the beginning of each of their meetings to answer questions to Portfolio Holders by the public on Cabinet matters with prior notice by 4.00 p.m. on the day of the meeting;

(d)        resolves to limit the number of individual persons or representatives of other bodies asking questions to one per subject, to exclude any person listed as a persistent and unreasonable complainant and have a maximum of 15 minutes for questions at both Cabinet and Council meetings;

(e)        further resolves to amend the Constitution and give appropriate publicity to these changes".

Carried

Motion as amended ADOPTED.

            RESOLVED:

            That this Council -

(a)        notes the Council's success in fostering public interest by allowing the public to speak on development control matters at planning meetings;

(b)        agrees that the introduction of public questions would assist in achieving more public interest in Cabinet proceedings;

(c)        resolves to ask the Cabinet to allocate up to 15 minutes at the beginning of each of their meetings to answer questions to Portfolio Holders by the public on Cabinet matters with prior notice by 4.00 p.m. on the day of the meeting;

(d)        resolves to limit the number of individual persons or representatives of other bodies asking questions to one per subject, to exclude any person listed as a persistent and unreasonable complainant and have a maximum of 15 minutes for questions at both Cabinet and Council meetings;

(e)        further resolves to amend the Constitution and give appropriate publicity to these changes".

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.

(a)        To any member of the Cabinet

(i)         Collection of recyclables

By Councillor D Jacobs to Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

"Last year I expressed concern regarding "split bodied" freighters being used for collection of dry recyclables and garden waste, in view of the experience of another Essex collection authority; at the time the Portfolio Holder deemed it not relevant, presumably as the previous contract was still in being; currently the "split bodied" collection seems not to be in operation and I assume that the volumes of garden waste which vary from season to season and year to year depending on climatic conditions have rendered the split body method inoperable at present; given the potential loss of profit margin to the contractor, can the Portfolio Holder re-assure Council that the overall operation of waste collection and street cleansing will not suffer in performance and that members will be provided with regular updates on the situation?".

Response read by Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

"It is the case that at the commencement of the contract, the service provider experienced some difficulties with the volumes of garden waste put out for collection.  This was due to the weather, resulting in a continuation of growth, and the Contractor having to use temporary vehicles which were split 30/70 instead of 50/50, whilst awaiting deliveries of new 50/50 split vehicles.  A number of new 50/50 split body vehicles are now in use albeit currently collecting a single waste stream.

Ultimately it is for the service provider to determine the most appropriate methods of collection and the equipment required to meet the service specification.  The Waste Partnership Board (the "Board") will have to consider any fundamental changes and satisfy itself that the methodology proposed is fit for purpose.  The Board will also be carefully monitoring all aspects of the entire contract to ensure that all service specifications are met.  Furthermore, payments to the contractor are based upon service performance and adherence to key performance indicators.

I anticipate that the Standing Scrutiny Panel on Environmental Services and Planning will wish to monitor the performance of the new contract and the Board is accountable, through the Portfolio Holder to Cabinet.  In this way I am confident that members will be kept up?to?date with contract performance".

(ii)        Recycling of Waste

By Councillor R Frankel to Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

"Would it be possible to organise a visit for members to see the facility and processing for the recycled waste?".

Response read by Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

"I have thought for some time that a visit of this type would be helpful.  However, I have had to wait until the new contract is in place and "settled" before it was practical to ask SITA to make the necessary arrangements.  I can inform the member that officers have already done this on my behalf and  ...  view the full minutes text for item 103.

To consider the following reports of the Cabinet:

(a)        Byelaws for Acupuncture, Tattooing, Semi-Permanent Skin Colouring, Cosmetic Piercing and Electrolysis

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet, invited the Environmental Protection Portfolio Holder to present this report of the Cabinet.

(Mover: Councillor Mrs M Sartin - Environmental Protection Portfolio Holder)

The Portfolio Holder submitted a report proposing an amendment of the Council's Byelaws to take account of provisions contained in the Local Government Act 2003 to include the activities of cosmetic piercing and semi-permanent skin colouring.

Report as first moved ADOPTED.

            RESOLVED:

(1)        That the Acupuncture, Tattooing, Semi-Permanent Colouring, Cosmetic Piercing and Electrolysis Byelaws attached as an Appendix to the report submitted to the Council be adopted;  and

(2)        That the Council's Common Seal be affixed to the Byelaws and that following advertisement, the Byelaws be submitted to the Secretary of State for Health for approval.

(b)       Budgets and Council Tax Declaration 2008/09

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 this report of the Cabinet.

(Mover: Councillor C Whitbread - Finance, Performance Management and Corporate Support Services Portfolio Holder)

The Portfolio Holder reported on the process for preparing the budget which had involved all members through Overview and Scrutiny, the Finance and Performance Management Cabinet Committee and the Cabinet.  He drew attention to the savings which had been made as a result of the officer restructure and the investment which was being made in the Safer, Cleaner and Greener initiative.

He reported that the Authority's overall score in the Audit Commission Use of Resources Assessment for 2007 had risen from 2 to 3.  He further advised that the Council would be in a position to proceed with District Council Tax increases of only 2.5% per annum over the next four years.

Councillor Whitbread drew attention to the Council's substantial Capital Resources and advised that these would enable further improvements to be made as and when necessary but that a prudent and sensible approach would continue to be taken regarding the use of reserves.

The Portfolio Holder thanked the Director of Finance and his officers for their work in preparing the budget.

Amendment moved by Councillor J M Whitehouse and seconded by Councillor D Jacobs

"(1) That recommendations (1) and (3) be amended as follows:

‘(1)       That the list of CSB growth for the 2008/09 budget (set out in Annex 1) be approved with the following exception:

(a)        the Finance Miscellaneous Finance Contingency be reduced from £175,000 to £75,000;

(3)        That the Revenue Estimates for 2008/09 and the draft Capital Programme for 2008/09 be approved as set out in Annexes 3, 4 (a)-(j) and 5 including all contributions to and from reserves as set out in the attached Annexes with the exception of:

(a)        Finance, Performance Management and Corporate Support Services (figure 4c) be reduced from £38,921,400 to £38,821,400;

(b)        the contribution to revenue reserves be reduced from £217,561 to £171,757;

resulting in the  ...  view the full minutes text for item 104.

(a)   Local Government and Public Involvement in Health Act 2007 – Provisions relating to Elections

(a)        Local Government and Public Involvement In Health Act 2007 - Provisions relating to Elections

(Mover: Councillor R Morgan, Chairman of the Overview and Scrutiny Committee)

Councillor Morgan submitted a report on the option of changing to whole council District Elections every four years and on other provisions in the Act relating to elections.

Report as first moved ADOPTED.

            RESOLVED:

(1)        That the option of changing to whole council District Elections every four years be not pursued;  and

(2)        That the other provisions in the Act relating to elections as set out in the report be noted.

(a)        Local Code of Governance

(Mover: Councillor J Knapman, Chairman of the Audit and Governance Committee)

Councillor Knapman submitted a report proposing the adoption of a revised Local Code of Governance.

Report as first moved ADOPTED

            RESOLVED:

That the revised Local Code of Governance attached to the report of the Committee be adopted.

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

Councillor Mrs M Sartin reported that she had attended on behalf of the Leader of the Council a meeting of the West Essex Area Forum.  The meeting had considered youth issues in West Essex and an invitation had been extended to the Epping Forest and Harlow Youth Councils.  Three of the newly elected Epping Forest Youth Council members had attended.  There had been several presentations and information about road shows being organised by the Police targeted at under-aged drinking.  The Youth Council members had asked well thought out questions and had raised issues about public transport including the need for timetables to be more readily available.

The meeting had also received a presentation from the Chairman of Harlow Renaissance who had outlined proposals for the redevelopment of the northern part of the Harlow Town Centre and the area around the station.  There had also been a discussion on the need for a realignment of the A414 and a new junction with the M11 north of Junction 7.

The County Council member for Adult Social Care had made a presentation on the future direction of social care in Essex and public meetings on this subject were due to be held in Chelmsford on 27 February and at the Latton Bush Centre, Harlow on 28 February.

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.

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 advised that she had permitted on grounds of urgency, consideration of another item of business in order to enable steps to be taken to seek to acquire a vacant freehold commercial property.

            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 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information.

Agenda Item                 Subject                                            Exempt Information

Number                                                                                  Paragraph Numbers

15                                   Depot Site – Bower Hill, Epping                         3

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet, thanked the Chairman for allowing her to raise this item of business.  She advised that the Council had learned the previous day that commercial premises in Bower Hill, Epping were to be auctioned on 27 February 2008.  It was considered that this site could be suitable for a new Council Depot, replacing the current High Street premises and helping with the rationalisation of the Council’s other depot accommodation.  Accordingly, she was proposing to arrange for a Portfolio Holder decision to authorise the Director of Corporate Support Services to undertake a feasibility study into the suitability of the property as an alternative depot site and if found suitable to make arrangements for the Council to bid at the auction on 27 February 2008.  Councillor Mrs Collins pointed out that it would also be necessary as part of the Portfolio Holder decision to waive the normal call-in period for decisions as there would be insufficient time before the auction to allow for a call-in.

Members were advised that there was no financial provision in the budget for this potential purchase and it was only the Council which could give approval to the provision of the necessary funds.  In normal circumstances the Cabinet would consider the matter first and then come to the Council in order to gain approval for the funding but the timescale in this case did not permit this normal course of action.

The Council considered the request for finance.

            RESOLVED:

            That, in the event that the Council bids in the auction and a bid is successful, approval be given to utilising capital reserves to cover the purchase price subject to any bid not exceeding the maximum figure of £300,000.