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”

Councillor J Knapman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings. 

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillor Roger Baddock who died recently.

Roger Baddock represented the Loughton Roding Ward for 12 years between 1980 and 1988 and between 1991 and 1995.

Councillor Stephen Murray will pay tribute to Roger Baddock.

It was with much sadness that the Chairman informed the Council of the deaths of former District Councillor Roger Baddock and Councillor Peter Crowe, Mayor of Colchester Borough Council.  All present stood for a minute’s silence in tribute to the memory of former Councillor Baddock and Councillor Crowe.

Following the Chairman’s announcement, Councillor S Murray paid tribute to former Councillor Baddock.  Members were advised that Roger Baddock had represented the Loughton Roding Ward for 12 years between 1980 and 1988 and between 1991 and 1995.  Councillor Murray referred to the professional approach to Council work adopted by former Councillor Baddock and advised that Roger was still remembered by residents he had assisted in the Loughton Roding Ward, although it was now 13 years since he had been on the Council.  Councillor Murray also referred to the high esteem Roger had been held by his work colleagues at the London Borough of Redbridge where he had worked for nearly 19 years.  Councillor Murray thanked Councillor Mrs P Smith, Vice-Chairman of the Council, for representing the Council at the cremation service which he had also attended together with former Council chairmen, Joan Davis and Stan Goodwin. 

To approve as a correct record and sign the minutes of the meeting held on 29 July 2008 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 29 July 2008 be taken as read and signed by the Chairman as a correct record.

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

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J H Whitehouse declared a personal interest in agenda item 9 (Motion – Credit Union Services) by virtue of being a member of Sense and Essex Savers.  The councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of and voting on the issue.

(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)               Announcements by the Chairman

Councillor Knapman reported on his attendance at the following events during the past month:

(i)                 raising of an Olympic flag at the Civic Offices to mark the handover of the Olympic Games from Beijing to London;

(ii)               National Scout Conservation Project in Epping Forest;

(iii)             unveiling and dedication of the North Weald 90 year commemorative window at North Weald Airfield Museum;  and

(iv)              Battle of Britain Commemorative Service at St Andrew’s Church, North Weald.

The Chairman further reported that he would be attending the Costermongers’ Harvest Festival parade and service on 28 September 2008.

Councillor Knapman advised that a Business Golf Day held at Theydon Bois Golf Course in aid of his charities had raised almost £6,000.  As a result he was now in a position to provide a “wow room” at Jubilee Lodge, Chigwell which would enable the severely disabled to enjoy the experience of “Wii Games”.  He would also be able to provide St Clare Hospice with all of the pump injection kits they required. 

(b)              Announcements by the Leader of the Council and Other Cabinet Members

There were no announcements made under this heading.

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.

(a)               Complaints Procedure

By Parish Councillor C Hudson, North Weald Bassett Parish Council to Councillor Mrs P Richardson, Chairman of the Complaints Panel

“I seek clarification of two points in the current implementation of steps 3 and 4 in the Council’s Complaints Procedure.

Step 3 used to involve a face-to-face meeting with a Corporate Director.  This post apparently no longer exists.  Does the Chief Executive or Deputy now have responsibility for step 3 interviews?

Step 4 is an “arms length” review by a Panel of members.  Ward councillors are currently “gatekeepers” for step 4, presumably as a filter against vexations or frivolous complaints.  Is there now an additional power of veto vested in the Chief Executive to overrule ward councillors, and, if so, is this compatible with democratic accountability and possible conflict of interest?”

Response by Councillor Mrs P Richardson, Chairman of the Complaints Panel

“(1)      The Council’s Complaints Procedure does not, and never has, made provision for a complainant to automatically be offered an interview with any senior manager (up to and including the Chief Executive), nor do complainants have a right to such an interview.  If a complainant has previously been offered an interview that would have been at the discretion of the officer concerned.  An interview would only be held if the Council believes it would benefit the investigation or resolution of a complainant’s case.

(2)               Ward councillors do not have, and have never had, either control or influence over which complaints progress to step 4.  A complainant will automatically be offered the opportunity to have their case considered by the Council’s Complaints Panel at step 4 providing that:

(a)               the matter has first of all been considered at steps 1, 2 and 3 of the Council’s Complaints Procedure;  and

(b)               the Complaints Panel have the authority to take a further action that it was not possible to authorise at step 3;  and

(c)               the complaint has not already been fully considered by the Council and/or by the Local Government Ombudsman (unless new, significant and relevant information that could change the previous decision has since come to light and is information that could not have reasonably been obtained and submitted by the complainant at the time the matter was under consideration by the Council or the Ombudsman).”

Supplementary Question by Parish Councillor C Hudson

“If District Councillors who have been overruled at step 4 feel that the veto is improper for any reason, including conflict of interest, can they refer the matter to the Standards Committee for resolution, if not, what redress is open to them.”

Reply by Councillor Mrs P Richardson

“I will make a full response in writing but I wish to make it clear at this stage that Councillors are not overruled at the Complaints Panel. 

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;

(e)    Report of Corporate Support and ICT Services  Portfolio Holder;

(f)          Report of Environment Portfolio Holder - attached;

(g)        Report of Finance and Performance Management Portfolio Holder;

(h)        Report of Housing Portfolio Holder - attached;

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

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

The Council received written reports from the Leader, Chairman of the Overview and Scrutiny Committee, Civil Engineering and Maintenance Portfolio Holder, Community Well-being Portfolio Holder, Corporate Support and ICT Services Portfolio Holder, Environment Portfolio Holder, Housing Portfolio Holder, Leisure and Young People Portfolio Holder, and Planning and Economic Development Portfolio Holder.

The Chairman invited the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet to update their reports orally if they wished. 

(a)               Leader of the Council

Councillor Mrs Collins reported that since her visit to Debden Park High School, the 2008 GCSE results had been published and the school had achieved a 15% increase in their exam results including English and Maths.  She informed the Council that she had sent a letter of congratulations to the Head Teacher.

The Leader reported that she had met the new Principal of Epping Forest College, Peter Sadler who had experience of improving failing colleges.  The new Principal had been made aware of the need to increase the percentage of local children at the College and had agreed to meet District Council representatives on a regular basis.   The College was to be the subject of an Ofsted inspection within the next 4/5 weeks and was facing financial pressures which could impact on improvements in performance.

Councillor Mrs Collins advised that she would be making further visits to St John’s Church of England School and King Harold School with Lord Hanningfield, Leader of Essex County Council.  The District’s schools were in the County Council’s third tranch for improvements between 2011 and 2014.  Councillor Mrs Collins advised that whilst this would not be an issue for St John’s School in view of their redevelopment proposals, she would be emphasising to Lord Hanningfield the problems this would cause for King Harold School in view of their current difficult circumstances.

The Leader reported on her attendance as one of six Essex District Council Leaders at the County Council’s CPA inspection.  She advised that there had been a round table discussion with the inspectors which had focused on partnership working with the County Council. 

Councillor Mrs Collins also referred to a meeting she had attended with the Chief Executive with other Leaders of Essex authorities at Brentwood.  The main topic of discussion had been about the allocation of funds for concessionary fares and finance officers had been asked to review the funding arrangements and report back to a future meeting.

(b)               Community Well-Being Portfolio Holder

Councillor Ms S-A Stavrou reported that the reference to an “exist” strategy in her written report in relation to the renewal of dispersal orders should read an “exit” strategy.

Councillor Ms Stavrou reported that the District was meeting its targets for reducing crime and she drew attention to the “Not in my Neighbourhood week” which would take place between 13 and 17 October 2008.  During that week activities would take place aimed at raising public awareness of the work being carried out by local agencies to tackle  ...  view the full minutes text for item 57.

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)               Public Consultation on Waste and Recycling Service

By Councillor S Murray to Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Murray asked which members had been consulted about the questions in the survey.  He suggested that the questions were inadequate and as a result the process would be flawed and he questioned why all members had not been involved in approving the survey. 

Response by Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Mrs Sartin advised that the questions had been drawn up by officers in consultation with herself and the Leader of the Council.  The timescale for publishing the survey in the Forester magazine, which was considered the best publication for obtaining a good response, had dictated against wider consultation with members.  Councillor Mrs Sartin apologised for being unable to consult other members within the timescale. 

(b)               Parking Reviews

By Councillor P Spencer to Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Spencer referred to the long delays in undertaking the parking reviews in Epping and Buckhurst Hill and asked the Portfolio Holder what lessons had been learned for the future.

Response by Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Bassett advised that this process had been mainly out of the control of the District Council.  The work had been undertaken by Essex County Council Highways on behalf of the District Council and they had suffered staff resourcing problems.  The officer who had been dealing with the issue had left and the matter had remained unresolved until that officer had been taken back on a temporary basis solely for the purpose of completing the reviews.  Councillor Bassett urged members to help conclude the process by submitting views.   He advised that the County Council had given a date of 23 October 2008 by which time information would have been received in relation to all of the outstanding reviews.

(c)               West Hatch School

By Councillor Mrs A Haigh to Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Haigh referred to the inability of children at Limes Farm to gain entrance to West Hatch High School.  She asked the Leader of the Council if there had been any discussion at the recent meeting about the school’s definition of what was regarded as children being within a reasonable walking distance of the school.  Councillor Mrs Haigh referred to the one mile radius distance which the school referred to but she pointed out that from her experience many parents with children within that one mail radius of the school continued to drive their children to school.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins advised that she had raised this issue and the school had referred to their existing definition, ie. a one mile radius distance.  Councillor Mrs Collins said that she had asked the school to give children residing in the Epping Forest District the same opportunities as those given to children outside of the District.

(d)               Waiting  ...  view the full minutes text for item 58.

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.

(a)               Credit Union Services

Moved by Councillor Mrs J H Whitehouse and seconded by Councillor J M Whitehouse

“That this Council:

(a)               notes the financial difficulties being experienced by many people in the current economic climate, rendering those on low incomes and no savings vulnerable to exploitation by predatory lenders;

(b)               notes that a “doorstep” lender may, for example, charge £160 in interest on a loan of £400 repayable over 24 weeks, all of which interest is taken as profit by the company;

(c)               notes that an equivalent loan from a credit union would cost only £12 in interest with profits distributed as a dividend to the union members, thereby being recirculated within the local community;

(d)               applauds the work carried out by many credit unions, including Essex Savers, in encouraging saving and providing access to responsible lending and their policy of permitting savers to borrow up to three times their savings total at a rate of interest of between 1-2% per month;  and

(e)               resolves to support actively the provision of credit union services in this District including the setting up of collection points at Council outlets, publicity and providing information to the public on how to gain access to funding.”

Amendment moved by Councillor C Whitbread and seconded by Councillor M Cohen

“That paragraph (e) be deleted and replaced with -

“(e)      resolves to support actively the provision of credit union services in this District by way of publicity only”.

By leave of the Council, the mover and seconder revised the amendment to read:

“That paragraph (e) be deleted and replaced with –

“(e)      resolves to support actively the provision of credit union services in this District by means of publicity and seeks advice from officers on what is legally possible in terms of further support for the credit union”.

Carried

Second Amendment moved by Councillor J M Whitehouse and seconded by Councillor Mrs J H Whitehouse

“That an additional paragraph (f) be added to the motion as follows:

“(f)       resolves to support actively the provision of credit union services in this District including the setting up of collection points and the provision of publicity”.

Lost

Motion as amended ADOPTED

            RESOLVED:

            That this Council:

(a)               notes the financial difficulties being experienced by many people in the current economic climate, rendering those on low incomes and no savings vulnerable to exploitation by predatory lenders;

(b)               notes that a “doorstep” lender may, for example, charge £160 in interest on a loan of £400 repayable over 24 weeks, all of which interest is taken as profit by the company;

(c)               notes that an equivalent loan from a credit union would cost only £12 in interest with profits distributed as a dividend to the union members, thereby being recirculated within the local community;

(d)               applauds the work carried out by many credit unions, including Essex Savers, in encouraging saving and providing access to responsible lending and their policy of permitting savers to borrow up to three times their savings total at a  ...  view the full minutes text for item 59.

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.

There were no questions asked by members under this item.

To consider the attached report of the Cabinet.

(Mover:          Councillor Mrs M Sartin – Environment Portfolio Holder)

The Portfolio Holder submitted a report recommending adoption of the Essex Joint Municipal Waste Management Strategy.

By leave of the Council, the Portfolio Holder requested that Ms N Beach, Waste and Recycling Manager of Essex County Council, should clarify the purpose of the strategy.

Ms Beach explained the purpose of the strategy.

Report as first moved ADOPTED

            RESOLVED:

            That the Essex Joint Municipal Waste Management Strategy be adopted.

To consider the attached report of the Cabinet.

(Mover:          Councillor Mrs A Grigg – Planning and Economic Development Portfolio Holder)

The Portfolio Holder submitted a report recommending adoption of the Development and Design Brief.

Report as first moved ADOPTED

            RESOLVED:

            That the final Development and Design Brief (Debden Town Centre and Broadway Development Options – Final Report – August 2008) be adopted.

To consider the attached report of the Cabinet.

(Mover:          Councillor C Whitbread – Finance and Performance Management Portfolio Holder)

The Portfolio Holder submitted a request for a supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary capital estimate in the sum of £112,000 be approved to enable the completion of the scheme to the original enhanced level including additional security.

To consider the attached report of the Cabinet.

(Mover:          Councillor C Whitbread – Finance and Performance Management Portfolio Holder)

The Portfolio Holder submitted a request for a supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary DDF estimate in the sum of £50,000 be approved to cover the costs of engaging a consultant to undertake further strategic feasibility work and develop with officers a scoping report and brief examining the intensification of aviation use with limited business or other uses including leisure as required to make it economically viable.

Statutory Statement of Accounts - 2007/08

Recommendation:

That the Statutory Statement of Accounts 2007/08 be re-approved.

1.    (Director of Finance and ICT) The Council approved the Statutory Statement of Accounts 2007/08 at its meeting on 26 June 2008.

2.    The audit of the annual Statutory Statement of Accounts has revealed some errors in the  Accounts. The errors are not material but are non-trivial. In these circumstances it is regarded as best practice to amend the Accounts and have them re-approved. The amended Statutory Statement of Accounts was considered by the Audit and Governance Committee on 18 September and a verbal update will be provided on their recommendation to Council.

3.    As changes have been made, the Council is requested to re-approve the Statutory Statement of Accounts.

4.    As it has been necessary to make a material change, the Council is requested to re-approve the Statutory Statement of Accounts.

5.   The revised Statutory Statement of Accounts will follow.

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

Councillor Knapman reported that the Council had approved the Statutory Statement of Accounts 2007/2008 at its meeting on 26 June 2008.  He advised that the audit of the Annual Statutory Statement of Accounts had revealed some errors in the accounts.  The errors revealed were not material but best practice suggested that non-trivial errors should be subject to further consideration by the Council.  He advised that the errors did not affect the Council’s income, expenditure or the amount of Council Tax.

Councillor Knapman reported that the Audit and Governance Committee had considered the amended Statutory Statement of Accounts at its meeting on 18 September 2008 and had recommended reapproval.

Councillor Knapman advised that since the matter had been considered by the Audit and Governance Committee, further non-material errors had come to light in respect of pages 11 and 35 and amended pages had been tabled at this meeting.

Report as first moved ADOPTED

            RESOLVED:

            That the Statutory Statement of Accounts 2007/2008 be reapproved including the amended tabled pages 11 and 35.

                          Recommendation:

                          To consider nominations for one of the Partnership Governor positions on the Governing Body of the Princess Alexandra Hospital Trust.

1.      The Council has been invited to appoint to one of the 12 Partnership Governor positions on this Trust. The nominated person is required to report back on Trust activities and be of sufficient seniority to be able to influence this Authority.

2.      The Trust advises that it is a matter for this Council to determine how the appointment is to be made but that the arrangements must be “accountable and transparent so that the Trust is strengthened by the integrity of the process as well as the calibre of Partnership Governors coming forward”.

3.      In policy terms, the Council’s does not  encourage members to assume Trust status when they are appointed to outside bodies.  This particular Trust is a new body and the the question of conflicts of interest arising from the respective roles of the Council and the Trust will need to be closely monitored by the appointed member.

Background Paper: Letter dated 11 July 2008 from Mr R. Powell, Chairman of the Trust.

The Council considered an invitation to appoint to one of the 12 Partnership Governor positions on this Trust.  Members noted that the nominated person was required to report back on Trust activities and to be of sufficient seniority to be able to influence the Council.

RESOLVED:

That Councillor Mrs M Sartin be nominated as a Partnership Governor on the Governing Body of the Princess Alexandra Trust.

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

There were no reports from members under this item.