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 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.

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

Howard Kleyn represented the Loughton Forest Ward for four years between 1984 and 1988. He was also an Essex County councillor representing the Loughton St Mary’s Division for four years between 1981 and 1985.

It was with much sadness that the Chairman informed the Council of the death of former District Councillor Howard Kleyn who had represented the Loughton Forest Ward of the District Council for four years, between 1984 and 1988.  The Council noted that he had also been an Essex County Councillor representing the Loughton St Mary’s Division for four years between 1981 and 1985.

Councillor Caroline Pond paid tribute to the work of Howard Kleyn in his capacities as County and District Councillor, pointing out that he was the first Loughton Residents’ Association member elected to the County Council.  Councillor Stephen Murray also paid tribute to Howard Kleyn’s work as a colleague Loughton Councillor.

The Council expressed their condolences to the family of Howard Kleyn and all present stood for a minute’s silence in tribute to former Councillor Kelyn’s memory.

To approve as a correct record and sign the minutes of the meeting held on 17 February 2009 (attached).

            RESOLVED:

            That, subject to the heading of minute 112(j) being amended to read “Essex Savers’ Union” the minutes of the Council meeting held on 17 February 2009 be taken as read and signed by the Chairman as a correct record.

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

The Chairman informed the Council that in relation to item 5(c) (Re?accreditation for Quality Parish Status) of tonight’s agenda, all District Councillors who also served on Parish and Town Councils in the District were declaring personal interests in that item, namely:  Councillors D Dodeja, P Spencer, K Chana, J Knapman, B Sandler, Mrs L Wagland, G Mohindra, Mrs J Hedges, Mrs P Smith, K Angold?Stephens, Ms R Brookes, D Wixley, Mrs C Pond, S Murray, Mrs P Richardson, R Morgan, A Boyce, Mrs A Cooper, Mrs A Grigg, D Stallan, P Gode, Mrs D Collins, Ms S-A Stavrou, Mrs E Webster, Mrs P Brooks, Mrs R Gadsby, J Collier.

(a)       Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)      Reaccreditation for Quality Parish Status

Chigwell Parish Council, Loughton Town Council and Waltham Abbey Town Council have met all the relevant criteria to be reaccredited for quality parish status. Local councils in the District holding this status need to reapply every four years and complete a portfolio of evidence which is considered by the Essex County Accreditation Panel. Currently there are 681 Quality Parish Councils nationally of which 84 have been reaccredited.

Canon John Brown, the Chairman of the Accreditation Panel will say a few words on quality status and will make a presentation to the following representatives of Chigwell Parish Council, Loughton Town Council and Waltham Abbey Town Council:

Chigwell Parish Council – Councillor Christine Buttling, Chairman and possibly Mrs Kay Canning, Clerk;

Loughton Town Council – Councillor Chris Pond, Town Mayor and Mrs Enid Walsh, Clerk;

Waltham Abbey Town Council – Councillor Stuart Pryde, Mayor and Mr Richard James, Clerk.

(a)               Announcements by the Chairman of Council

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

(a)               Civic Awards Evening;

(b)               North Weald Airfield – Gate Guardian Dedication;

(c)               Re-dedication of Epping War Memorial;

(d)       Green Scouts Parade at Windsor Castle

The Chairman also indicated that he was very grateful to the Vice Chairman of the Council for deputising him at the Annual Civic Dinner at Southend Borough Council on 7 April 2009 and to Councillor M Sartin who had represented him at a recent memorial service for the late Councillor Bill Easton on 25 April 2009.

The Chairman also stated that he would be taking part in a charity abseil off the Water Tower in High Street, Epping on 2 May 2009 and was still seeking further sponsors in support of St Clare’s Hospice.

The Chairman also announced that former Councillor Ann Miller was retiring as Chairman of Governors of West Hatch School, Chigwell.  He read out a letter which he had sent on behalf of the Council congratulating her on her period of office.  He informed the Council that he intended to send the flowers from this evening’s meeting to Mrs Miller in order to reflect the thanks of the District for her work at the School.

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

There were no announcements made by Cabinet Members.

(c)               Quality Parish Status – Re-Accreditation of Chigwell Parish Council, Loughton Town Council and Waltham Abbey Town Council

Canon John Brown, the Chairman of the Essex County Accreditation Panel, was invited by the Chairman to address the meeting on the recent process of re-accrediting these three Parish and Town Councils for quality status.

Canon Brown was then invited to present the Certificates of Re-Accreditation to the member and officer representatives from the three Parish and Town Councils.

The meeting thanked all those who had attended and congratulated the three Parish Councils on their achievements.

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;

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

(d)         Report of Community Wellbeing Portfolio Holder;

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

(f)          Report of Environment Portfolio Holder;

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

(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.

The Council received reports from the Leader of the Council, the Chairman of the Overview and Scrutiny Committee, and each Cabinet Portfolio Holder.

(a)        Leader of the Council

Councillor Mrs Collins stated that she had had a further meeting with Essex County Council in March regarding educational provision in the District and in particular their assumption of responsibility for Epping Forest College by Essex County Council in 2010.  She stated that this Council’s role was one of assisting in promoting educational standards and provision within the District.  She stated that she had had some success in achieving access to Governing Body meetings of the College and it was likely that the Authority would be invited to nominate an observer to attend in future.

She stated that she had visited The Broadway to view the Town Centre Enhancement Scheme, Loughton with the Portfolio Holder for Planning and Economic Development and had met with the Town Centre Partnership Chairman and various other traders.  She expressed the view that works were proceeding well and there appeared to be good collaboration between all parties.

She was continuing to work with the Portfolio Holder on the Waste Management Board so as to ensure that new arrangements for refuse collection and recycling, particularly for kitchen waste collection, were introduced smoothly in September 2009.

(b)       Housing

The Portfolio Holder, Councillor D Stallan, updated his written report by informing the Council that the Government had recently announced its intention to reduce guideline rents and was now consulting local authorities.  The Portfolio Holder stated that he welcomed a further reduction in rent but, in terms of the budget process, the timing had not proved to be very helpful.

(c)        Environment

Councillor Mrs Sartin reminded the Council that weekly residual waste collections would be starting on the weekend of 5 May 2009 and would operate until September 2009 when the reorganised service would be introduced.

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 7 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)        Epping Forest College

Councillor S Murray asked for an assurance that the Council would be notified of the date of the Annual General Meeting of the College Governing Body so as to ensure that this Council could secure full involvement.  He also asked what would be the status of District and Council Councillors in the new Governing Body.  The Leader of Council replied that she would ensure that details of the AGM were circulated but insofar as involvement by District and County Councillors were concerned, there were no current arrangements for those representatives to have full membership of the Governing Body although observer status was being investigated.

(b)       The Broadway, Loughton

Councillor Mrs P Richardson asked the Portfolio Holder for Community Wellbeing whether there was any news from the Primary Care Trust concerning the establishment of a “walk-in” health facility in The Broadway for elderly and infirm people without necessitating call-outs by Health Service staff.

The Portfolio Holder and the Leader of Council indicated that the District Council had limited control over such maters but pointed out that Loughton Hall Surgery could undertake a wide variety of treatments on a local basis and it was therefore unlikely that the PCT would seek to open another facility in The Broadway very close by.  However, the Leader of Council undertook to follow-up with the PCT as to progress with local facilities.

(c)        Street Cleansing

Councillor Mrs J Whitehouse asked the Portfolio Holder for Environment whether it would be possible to ask the contractor to review street cleansing arrangements to take account of changes in parking restrictions in local streets so that these could be cleaned on a more regular basis when clear of cars.

The Portfolio Holder indicated that she would be willing to discuss this with Sita through the Council’s Consultants and would ensure that a schedule of cleansing would be published when the new scheme was operating.

(d)       Planning Services – Vacant Post

Councillor R Frankel asked the Portfolio Holder for Corporate Support Services whether he would be able to take any action which would ensure that vacancies in Planning and Economic Development Directorate could be filled more quickly.

The Portfolio Holder replied that the situation was currently a very difficult one as posts were being advertised and very few applications received.  He gave an assurance that every effort should be made to fill those posts.  By the same token, he commented that if a post remained vacant for an excessive period, then there had to be a review of whether the post should be deleted from the establishment.  He indicated that part of the problem was in relation to officers who were simply unfit for work for medical reasons.  Those posts could not be filled until those issues had been resolved.

(e)       Sustainable Communities Act

Councillor K Angold-Stephens asked the Leader of Council whether any plans were in existence to submit proposals for Government funding as part of the wellbeing provisions in the Sustainable Communities Act.  He pointed  ...  view the full minutes text for item 132.

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

(i)                 The Broadway, Loughton – Shop Traders

      “That this Council :

(a) notes the trading difficulties currently being experienced by the shop traders at the Broadway, Loughton due firstly to the effect of necessary works being carried out to improve the infrastructure and secondly the exceptional challenges of the current climate ;

(b)  recognises that the Leader and Portfolio Holder have tried to support the traders through a difficult time

(c) asks the Cabinet to introduce an ex-gratia payment of one quarter of the rent due between 1January to 30 June 2009 to the retailers on the Broadway so as to ensure The Broadway can continue as a vibrant retail centre for the area and note the consequent loss of income to the Council”.

      Mover:       Councillor Rose Brookes

      Seconder:Councillor Stephen Murray

(ii)       Royal Mail

Ryedale District Council in North Yorkshire adopted the following motion at a meeting on 12 March 2009 and has written to all other local authorities seeking their support -

“The importance of a universal postal service is beyond question.  Six day delivery is vital and the role of local post offices is key to community cohesion throughout Ryedale.

These will only be possible by having a wholly publicly owned mail service.

So as to support the above, this Council resolves to:-

(a)   call upon Her Majesty’s Government to stick to its election promise and

      (i)   keep the Royal Mail in 100% public ownership

(ii)   return the ‘profitable’ parts of the service to the Royal Mail;

(b)   call upon the Local Government Association to support this motion;

(c)  circulate this motion to all other Local Authorities asking for their support; and

(d)  write to the MP for Ryedale asking him to oppose the part privatisation of the Royal Mail.”

The Council is asked if it wishes to support these aims and, if so, it is suggested that suitable representations be made to the local Members of Parliament.

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

(a)        The Broadway, Loughton – Shop Traders

Moved by Councillor Mrs Rose Brookes and seconded by Councillor S Murray:

“That this Council:

(a)        notes the trading difficulties currently being experienced by the shop traders at The Broadway, Loughton due, firstly, to the effect of necessary works being carried out to improve the infrastructure and, secondly, the exceptional challenges of the current economic climate;

(b)        recognises that the Leader and Portfolio Holder have tried to support the traders through a difficult time;  and

(c)        asks the Cabinet to introduce an ex gratia payment of one quarter of the rent due between 1 January to 30 June 2009 to the retailers on The Broadway so as to ensure that The Broadway can continue as a vibrant retail centre for the area and to note the consequent loss of income to the Council”.

(b)       Amendment

Moved by Councillor D Stallan and seconded by Councillor G Mohindra:

“That the motion be amended by deleting paragraph (c) and substituting the following new sub paragraphs:

(c)        agrees that the Cabinet look at a rent deferment scheme for Council tenants in the shops in The Broadway to the value of eight weeks’ rent during the period until the Town Centre Enhancement Scheme is completed with the deferred rent being paid back within the following nine months;

(d)        ask the Cabinet to review these arrangements after six months;

(e)        notes that any tenants already in difficulties are able to pay their rent monthly on application to the Council; and

(f)         asks the Cabinet at it next meeting to look at the possibilities for helping all the Council’s tenants in shops and commercial premises during the recession”.

The mover and seconder of the original motion stated that they were prepared to except the amendment and the amendment was thereupon Carried.

            RESOLVED:

            That this Council:

(a)        notes the trading difficulties currently being experienced by the shop traders at The Broadway, Loughton due firstly to the effect of necessary works being carried out to improve the infrastructure and secondly, the exceptional challenges of the current climate;

(b)        recognises that the Leader and Portfolio Holder have tried to support the traders through a difficult time;

(c)        agrees that the Cabinet look at a rent deferment scheme for Council tenants in the shops in The Broadway to the value of eight weeks’ rent during the period until the Town Centre Enhancement Scheme is completed, with the deferred rent being paid back within the following nine months;

(d)        asks the Cabinet to review these arrangements after six months;

(e)        notes that any tenants already in difficulties are able to pay their rent monthly on application to the Council; and

(f)         asks the Cabinet at its next meeting to look at the possibilities for helping all the Council’s tenants in shops and commercial premises during the recession.

(c)        Royal Mail – Motion of Ryedale District Council

The Council gave consideration to a motion adopted on 12 March 2009 by Ryedale District Council, North Yorkshire  ...  view the full minutes text for item 133.

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)        Waste Service Strategy – by Councillor D Jacobs to Councillor Mrs D Collins, Leader of the Council

Question:

“The County Council has offered funding (both revenue and capital) to Waste Collection Authorities in order to achieve high recycling (including food waste) required by the strategy.  The offers of funding were made by the County Council on a number of criteria including value for money, recycling performance improvements and strategy compatibility.  It can be seen from the table below that revenue funding per head of population varies from £3.66 in the Epping Forest District (the lowest) to £7.32 (double) in Chelmsford and £7.44 in Harlow (the highest).  On a pro rata basis, Epping Forest District would achieve another £200 per annum.  In the circumstances, does this administration feel that the District has been treated equitably given that these allocations (being revenue) would be repeated on an annual basis?

Reply by Councillor Mrs D Collins, Leader of the Council:

“The allocation of resources from the County Council to the Waste Collection Authorities (WCA) was never intended, nor expected to be, on a simple pro rata basis.  Each WCA put forward its own bid based upon what that WCA intended to do and what resources it believed it needed from the County Council to support it in that endeavour.  Therefore, each and every bid was different and each was confidential between the applying WCA and the County Council.

Having said that, I would agree that there appear to be some inconsistencies in the allocation of resources, in particular with respect to the manner in which the County Council has applied its bidding rules in respect of service delivery savings and overall value for money in terms of recycling performance increases.  Councillor Mrs Sartin has recently written to the County Cabinet Member with responsibility for waste matters, Councillor Mrs Tracey Chapman, expressing my concerns not so much at the financial outcome for this Council but more, as the question suggests, about whether the process has been fairly managed across the County as a whole.  I will share her response with members of the Council, through the Council Bulletin, once it has been received.

In the meantime, we are pressing on with signing the inter-authority agreement in accordance with the Cabinet decision in March 2009 so that we can access the resources which the County Council has allocated to us and purchase the vehicles and  ...  view the full minutes text for item 134.

To consider the attached report.

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

(Mover:  Councillor P Bassett, Civil Engineering Portfolio Holder)

The Portfolio Holder reported on the establishment of a new Highways Panel in connection with the Essex Localism Initiative of Essex County Council.

The recommendations of the Cabinet having been adopted it was:

            RESOLVED:

            (1)       That a Highways Panel be established from the commencement of the 2009/10 Municipal Year;

            (2)       That officers be authorised to draw up a constitution for the Panel based on the principles set out in the Essex County Council’s Localism Manual;

            (3)       That eleven District Council Members be appointed to the Panel in accordance with pro rata rules at the Annual Council meeting in May 2009;

            (4)       That officers be authorised to make the necessary consequential changes to the Constitution;  and

            (5)       That the structure and operation of the Panel be reviewed in 12 months time.

To consider the attached report.

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet, invited Councillor D Stallan, Housing Portfolio Holder to present recommendation (1) of this report and Councillor C Whitbread, Portfolio Holder for Finance and Performance Management to present recommendation (2) of this report.

(Mover:  Councillor D Stallan, Housing Portfolio Holder)

The Portfolio Holder presented recommendation (1) of the Cabinet report regarding additional funding from the Major Repairs Reserve Fund in order to clear a backlog of disabled adaptations to Council properties.

Adopted

            RESOLVED:

            (1)        That a supplementary capital sum of £200,000, funded from the Major Repairs Reserve, be approved in order to clear the backlog of disabled adaptations to Council properties.

Thereupon, Councillor C Whitbread presented recommendation (2) of the report regarding additional funding for the purchase of six vehicles for use by the Grounds Maintenance Section.

Adopted

            RESOLVED:

            (2)        That a supplementary capital estimate in the sum of £154,000 be approved for the purchase of six Ford Transit LWB double chassis cabs 2.4 TDCI for the Grounds Maintenance Section.

(Councillor R Morgan – Chairman of the Committee) To receive the attached report.

Councillor R Morgan, Chairman of the Overview and Scrutiny Committee, presented the Annual Report of Overview and Scrutiny detailing the activities of the Committee and its various Standing and Task and Finish Panels.

            RESOLVED:

            That the annual report be received and the work undertaken by the Overview and Scrutiny Committee, the Scrutiny Standing Panels and the Task and Finish Panels, during the past Municipal Year be commended.

(Councillor R Morgan - Chairman of the Committee) To consider a report to be circulated separately following the Overview and Scrutiny Committee meeting on 16 April 2009.

Councillor R Morgan, Chairman of the Overview and Scrutiny Committee, presented a report on the Annual Review of Officer Delegation for 2008/9.  By leave of the Council, he withdrew recommendation (1) of the report insofar as it related to item (b) of the appendix to the Committee’s report (Objections by Parish and Town Councillors – Delegation Reference P4).

The recommendations of the Overview and Scrutiny Committee, subject to the withdrawal of item (b) of the appendix to the report having been adopted, it was:

            RESOLVED:

            (1)        That the proposed changes to officer delegation recommended in Appendix 1 to these minutes, with the exception of item (b) (Objections by Parish and Town Councils – Delegation Reference P4), be approved;

            (2)        That the Assistant to the Chief Executive incorporate within the final versions of officer delegation minor drafting changes including topographical corrections, changes in officer deletions as a result of Senior Management Review and any changes in legislation which have occurred since the last review took place; and

            (3)        That in relation to the changes to officer delegations in respect of Cabinet functions, it be noted that these will be submitted to the Leader of Council for approval, incorporated in the Constitution and reported at the Annual Council meeting.

During the course of this debate, Councillor Mrs J Whitehouse queried paragraph 2 of item (1) of the appendix to the report (Development Control – Local Councils and Member Requests for Reference of Planning Applications to Area Plans Sub-Committees) in relation to the timescale for making such requests.  The Chairman of Council, having taken advice, confirmed that the timescale in question would run from the date on which the list of planning applications received was notified to members.

(Councillor J Knapman – Chairman of the Committee) To receive the attached Annual Report 2008/09.

The Chairman of the Council, who was also the Chairman of the Audit and Governance Committee, presented the second Annual Report of the Committee on its activities during the past Council year.

In presenting the report, he paid tribute to the work of Mr J Akerman, Chief Internal Auditor, who had left full time employment with the Council recently.  The Council noted that Mr Akerman was continuing to work on a part time, temporary basis with the Internal Audit Team until his successor was appointed.

            RESOLVED:

            That the Annual Report 2008/9 of the Audit and Governance Committee be received.

Recommendation:

That the resignation of Councillor J Demetriou as a District Councillor with effect from 16 March 2009 be noted.

(Chief Executive) On 16 March 2009, Councillor J Demetriou gave notice of resignation from the office of District Councillor for the Waltham Abbey Honey Lane Ward of the District.

His normal term of office would have expired in May 2010. Notice of the vacancy has been given and if a notice is received by 28 April 2009 signed by two electors in the District requesting an election to fill the casual vacancy, an election will be held at the same time as the European Parliamentary and County Council elections on 4 June 2009.

The Chief Executive reported that, on 16 March 2009, Councillor J Demetriou had given notice of resignation from the office of District Councillor for the Waltham Abbey, Honey Lane Ward of the District.  The Council noted that his normal term of office would have expired in May 2010.  Notice of the vacancy had been given and if a request for an election were received by 28 April 2009, signed by two electors in the District requesting an election to fill the casual vacancy, an election will be held at the same time as the European Parliamentary and County Council elections on 4 June 2009.

            RESOLVED:

            That the position be noted.

Recommendation:

To note that costs of £41,942.51 were paid in 2008/09 following a planning appeal in relation to the site of Wansfell College, Theydon Bois.

The Council at its meeting on 26 June 2008 approved a revenue DDF supplementary estimate for 2008/09 in a sum to be confirmed to cover the costs awarded against the Council following a planning appeal in relation to development at Wansfell College, Theydon Bois.

The Council is asked to note that the costs paid amounted to £41,942.51.

The Council noted that, at its meeting on 26 June 2008, approval had been given to a Revenue District Development Fund Supplementary Estimate for 2008/9 in a sum to be confirmed so as to cover the costs awarded against the Council following a planning appeal in relation to the Development at Wansfell College, Theydon Bois.

The Council noted that the final amount of costs paid was £41,942.51.

            RESOLVED:

            That the final costs payable by the Council be noted as reported at the meeting.

Recommendation:

To note that the Chairman of the Council agreed that the decisions of the Environment Portfolio Holder regarding the purchase of clear re-cycling sacks outside of the Essex Procurement Hub should be treated as a matter of urgency and should not be subject to call-in.

(Chief Executive) In February 2009, the Environment Portfolio Holder made a decision to ensure the continued availability of garden waste and dry recycling sacks at the commencement of the 2009/10 financial year. The decision which was not called-in, became effective on 27 February 2009 and authorised the procurement of:

(a)    600,000 garden waste sacks at an approximate cost of £86,500 setting aside Contract Standing Orders to enable the purchase of these sacks outside of the auspices of the Essex Procurement Hub; and

(b)    900,000 dry recycling sacks at an approximate cost of £32,500 through the auspices of the Essex Procurement Hub

However, when the Essex Procurement Hub was approached regarding the provision of dry recycling sacks it became clear that there would be a significant delay in obtaining the sacks and a risk that they would not be available for the commencement of the new financial year.

As a result, officers ordered 250,000 sacks from Imperial Polythene who provide the Council with bio-degradable garden sacks. This action, whilst well intentioned, was in breach of the original Portfolio Holder decision and of Contract Standing Orders.

Despite the receipt of 250,000 sacks, there remained a significant risk that these would be insufficient to prevent supplies running out ahead of a delivery of sacks through the Hub.

The Environment Portfolio Holder therefore made further decisions agreeing to set aside retrospectively Contract Standing Orders in relation to the 250,000 sacks acquired from Imperial Polythene and waiving Contract Standing Orders to enable the purchase of a further 250,000 sacks outside of the provisions of the Essex Procurement Hub.

The Environment Portfolio Holder also considered, having regard to the risk of sacks not being available to support the service, that the decisions were an urgent matter and therefore should not be subject to call-in. The Chairman of the Council agreed that the decisions were reasonable in all the circumstances, should be treated as a matters of urgency and should not be subject to call-in.

Councillor Mrs M Sartin, Environment Portfolio Holder, reported regarding urgent action to purchase clear recycling sacks outside the Essex Procurement Hub as a matter of urgency and by means of  waiving the call?in.

The Council noted that the Environment Portfolio Holder had made a decision to ensure the continued availability of garden waste and dry recycling sacks at the commencement of the 2009/10 financial year.  The decision became effective on 27 February 2009 and authorised the procurement of:

(a)               600,000 garden waste sacks at an approximate cost of £86,500 and the setting aside of contract standing orders to enable the purchase of these sacks outside the auspices of the Essex Procurement Hub;  and

(b)               900,000 dry recycling sacks at an approximate cost of £32,500, through the auspices of the Essex Procurement Hub.

The Council was advised that in respect of the acquisition of dry recycling sacks, it had become clear that there would be a significant delay in obtaining the sacks with the risk that they would not be available for the commencement of the new financial year if the Essex Procurement Hub was used for this purpose.  As a result, 250,000 sacks were ordered from Imperial Polythene, a current supplier of bio-degradable garden sacks.  This action did not comply with the original Portfolio Holder decision and contract standing orders.  The Environment Portfolio Holder ratified the action taken by officers and obtained the approval of the Chairman of the Council that the decisions were reasonable in all the circumstances and should be treated as a matter of urgency.

RESOLVED:

            That the action of the Chairman of the Council in agreeing that decisions of the Environment Portfolio Holder regarding the purchase of clear recycling sacks outside the Essex Procurement Hub be treated as a matter of urgency and not subject to call?in be noted.

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

(a)         Stansted Airport Consultative Committee

Councillor Mrs M Sartin, the Council’s representative on the Consultative Committee drew the Council’s attention to a recent change in Chairmanship of the Consultative Committee which has resulted in the production of a discussion document regarding new ways of organising the Committee’s affairs.  In particular, there was a new proposal to increase the number of Sub-Committees from 2 to 3 with existing work being reorganised between them.  The 3 new panels would deal with customer issues, environmental issues and corporate affairs. 

She also reported that there were proposals to change the basis of local authority representation on the Committee making each appointment stand for a four year period rather than an annual reappointment as at present.  She indicated that she would be largely supportive of many of the proposed changes but expressed concern about another series of options which had been published on whether the Committee should continue to meet in public or in private or by excluding the public from items of confidential business.

She favoured a situation where most business of the Consultative Committee should be conducted in public with matters such as security issues being reserved for private session as is the practice in this Council.  In the ensuing comments, several members of  the Council expressed support for this general approach.

Councillor Mrs Sartin stressed that these changes were not imminent and that she would be continuing to use her best judgement as to what the Council’s policy should be in regard to the proposed changes. If necessary she would report back in detail.

            RESOLVED:

            That the current position be noted.

Recommendation:

To appoint the Chairman of the Council for 2009/10 to attend the Conference and Exhibition

The Local Government Association Annual Conference and Exhibition is being held at the Harrogate International Centre, Harrogate from 30 June until 2 July 2009.

The cost for attending is £519 per delegate plus £77.85 VAT.

The Council noted that the Local Government Association Annual Conference and Exhibition would be held at the Harrogate International Centre from 30 June until 2 July 2009.

The Council noted that the cost for each delegate would be £519 plus VAT.

            RESOLVED:

            That the Chairman of the Council for 2009/10 be appointed to attend the Conference and Exhibition as delegate of this authority.

CHAIRMAN