Agenda and minutes

Mr I Willett, Assistant to the Chief Executive, reminded all present that the meeting would be broadcast on the internet and that the Council had adopted a protocol for the web casting of its meetings.

1.                  The death on 5 June 2009 of former Councillor Reg Amanet has recently been announced. The late Councillor Amanet had been District Councillor for Lambourne over the period from the establishment of the District Council in 1974 until 1988.  In his final year before retirement, he served as Chairman of the District Council, having been Vice chairman in 1986/7.  He also chaired a number of Committees, Sub Committees and Working Groups, including the Housing Management and  Personnel  Sub Committees.

2.         The Chairman of the Council has written a letter of condolence to the late  Councillor Amanet’s family.

It was with much sadness that the Chairman informed the Council of the death of former District Councillors Amanet and Woollard.

The late Councillor  R J Amanet had been District Councillor for Lambourne over the period from the establishment of the District Council in 1974 until 1988.  In his final year before retirement, he had served as Chairman of the District Council having been Vice-Chairman in 1986/7.  He also chaired a number of committees, sub?committees and working groups, including the Housing Management and Personnel Sub?Committees. 

Councillor M Woollard had been elected to the District Council in May 1999 to represent the Buckhurst Hill West Ward.  He was re-elected in May 2002 and June 2004.  He had retired from the District Council in 2008 but had continued as a Buckhurst Hill Parish Councillor and had served as Chairman of that Council. He had also chaired several  District council  committees and working groups.

The Chairman informed members that Councillor Woollard’s funeral would be taking place in St John’s Church, Buckhurst Hill at 11.00 a.m. on 9 July 2009.

Several members paid tribute to the past service of Councillors Amanet and Woollard drawing attention to their many community activities and their commitment to public service.

The Council expressed their condolences to the families of both former colleagues and all present stood for a minute silence in tribute to their memory.

To approve as a correct record and sign the minutes of the meeting held on 28 April 2009 and of the Annual  council meeting on 21 May 2009 (previously circulated)

            RESOLVED:

(1)               That the minutes of the Council meeting held on 28 April 2009 be taken as read and signed by the Chairman as a correct record;  and

(2)       That the minutes of the Annual Council meeting held on 21 May 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.

There were no declarations of interest by members of the Council under this item.

To  note that Councillor Adam Clark was elected to the casual vacancy for Councillor in the District Ward of Waltham Abbey Honey Lane and that he has signed his Declaration of Acceptance of Office under the Local  Government Act 1972.

The Council noted that Councillor Adam Clark had been elected to the casual vacancy of a councillor in the District Ward of Waltham Abbey, Honey Lane at the recent elections on 4 June 2009 and that he had signed his declaration of acceptance of office under the Local Government Act 1972.

The Council offered its congratulations to Councillor Clark for his success in the election, and he introduced himself to other members by standing at the meeting.

(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 of Council

The Chairman, Councillor Mrs P Smith, reported on her recent activities which included:

(a)               Visit to Home Start, Loughton as part of National Family Week;

(b)               Dog Show organised by Animal Welfare;

(c)               “Vitalise” Open Day at respite care home;

(d)               “Crucial Crew” event at Gilwell Park;

(e)               Making presentations at the West Essex PCT Staff Awards;

(f)                 Attendance at family Open Day of the 2324 Squadron (Buckhurst Hill) Air Cadets;

(g)               Ceremony and flag raising on 27 June 2009 at the Civic Offices as part of Armed Forces Day;  and

(h)               Officers/members golf afternoon at Chigwell Golf Club.

The Chairman also announced that as a result of the golf afternoon a sum of approximately £600 had been raised in support of her charity appeal.

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

There were no announcements made by the Leader of Council or Cabinet members under this item.

(c)               Flowers

The Chairman indicated that she would be sending the flowers from tonight’s Council meeting to the Epping Forest Branch of the Alzheimer’s Society, her chosen charity for her year of office.

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.

The Council noted that there were no public questions for this 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 Community Safety and Transport Portfolio Holder;

(d)         Report of Environment Portfolio Holder;

(e)     Report of Finance and Economic Development Portfolio Holder;

(f)           Report of Housing Portfolio Holder;

(g)         Report of Legal and Estates Portfolio Holder;

(h)         Report of Leisure and Wellbeing Holder;

(i)            Report of Performance Management Portfolio Holder.

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

(a)               Leader of the Council

Councillor Mrs Collins stated that she had further discussions with the Acting Principal of Epping Forest College, who had indicated to her that she intended to stay in post for at least two years.  The Leader of Council also reported that following further discussions she had now been afforded full voting status on the College Board after her earlier appointment in an observer role.

The Leader of Council also referred to a recent approach she had received from Epping Forest Chamber of Commerce seeking the support of the Council by appointing Councillor C Whitbread (Deputy Leader) as business champion for the Council.  She indicated that there was an item on the agenda later at tonight’s meeting but she hoped that the Council would give this idea full support.  The Council also noted that Councillor Whitbread had been asked to speak at the next breakfast meeting convened by the Chamber of Commerce. 

The Leader of Council concluded her report by referring to the success of the Crucial Crew event and joined with the Chairman of Council in commending everyone that had been involved in organising and participating in what had been a very successful programme.

(b)       Community Safety and Transport Portfolio

Councillor S Stavrou, the Portfolio Holder for Community Safety and Transport updated her report by stating that a Crucial Crew booklet was now available for interested members and that a launch ceremony was due to take place on 3 July 2009 in respect of the “White Water” Competition planned for the next Olympics.  She asked that any member that was interested in attending this launch should contact her for details.

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)        Local Recycling Centres

Councillor S Murray, asked the Portfolio Holder three questions in relation to the recent Cabinet decision to close local recycling centres at various locations in the District.  He asked her to clarify why local ward members had not been consulted about these closures, why there appeared to have been a blanket decision to close all these facilities without a case by case assessment of each one and thirdly whether she was prepared to pledge that she could provide information to any interested Councillor as to the statistical information on collections from each site over the last four years on which the overall decision was based, because the Cabinet agenda was not specific about this data.

Councillor Mrs M Sartin, Portfolio Holder for Environment, replied by stating that the sites which had been closed were small local facilities which the contractor had assessed as having declining performance.  She explained that, overall, collection of recycled materials from these local centres was declining and that quite often sites were visited and receptacles were empty.  She acknowledged that there had been no consultation with ward members and undertook to bear this in mind on any future matters of this sort but felt that it was now too late to defer the process.   As to the statistical basis for closing all sites, she explained that the contractor did not record the amount of recyclable materials collected from each centre but assessed only the collection rate from all sites and that she was doubtful whether statistics over the last four years were available in the form which Councillor Murray was requesting.  However, she undertook to check whether this was the case and advise him following the meeting. 

(b)       Beechwood Nursery, Nazeing – Fire

Councillor Mrs A Cooper read out a letter which had been sent to her by a local resident in Nazeing regarding the two recent fires at these premises.  The letter outlined the concerns being expressed by local residents about environmental pollution arising from ash and smoke, etc. as a result of the fires and also that several local residents had been experiencing health problems ever since.

 Councillor Mrs Cooper went on to explain that local residents had attended a public meeting on this subject and had been promised an information bulletin from the Council and undertakings regarding further meetings to discuss the future use of, and environmental controls at, these premises.  She read out comments from the local residents regarding the wish of local people to see the premises closed down and for there to be extensive consultation on any new activities allowed on the site.

Councillor Mrs D Collins, Leader of the Council responded by saying that she was sure that all members of the Council were most concerned about the two fires at these premises and sympathised with the concerns of local residents.  She sought to reassure the public that there was no question of the interests of local businesses being put ahead of the human rights  ...  view the full minutes text for item 26.

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)        Sustainable Communities Act 2007

Moved by Councillor J Philip and seconded by Councillor D Stallan:

“That this Council:

(a)        supports the “bottom up” process in the Sustainable Communities Act designed to allow local authorities and their communities to drive the action and assistance that Central Government gives in promoting thriving sustainable communities;

(b)        notes that the Act gives local authorities the power to make proposals to Government on the action and assistance Government must take or give to promote sustainable communities and that those proposals can be for a transfer of public money and functions from central or regional control to local control;

(c)        notes that the Act defines sustainable communities broadly, that definition having the four aspects of:

(i)         the improvement of the local economy;

(ii)        protection of the environment;

(iii)       promotion of social inclusion;   and

(iv)       participation in civic and political activity;

(d)        notes that reasons for a local authority choosing to use the Act include gaining new powers or assistance from Government determining those powers or that assistance and transferring public monies from central or regional control to local control;

(e)        resolves to use the Act by submitting proposals for action and assistance from Central Government as best serves the District.”

The mover of the motion accepted an alteration to the motion by the addition of the following additional paragraph to be numbered (f):

“That consideration of this motion be referred to the next appropriate meeting of the Cabinet.”

The motion, as amended by the addition of sub-paragraph (f) was thereupon ADOPTED.

            RESOLVED:  Accordingly.

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 by members of the Council under notice in respect of this item.

There are no  Cabinet reports for consideration in public session.

There were no Cabinet reports for consideration in public session under this item.

To  consider the report of the Audit & Governance Committee arising from its meeting on 22 June 2009 (to follow) and the Statutory Statement of Accounts for 2008/9 (attached).

Mover:  Councillor C Whitbread (Finance and Economic Development Portfolio Holder)

The Portfolio Holder presented a report and the draft Statutory Statement of Accounts for the financial year ending 31 March 2009. 

By leave of the Council, Councillor A Green, Chairman of the Audit and Governance Committee submitted a report from its meeting on 22 June 2009 at which the Committee had decided to recommend adoption of the Statutory Statement subject to the provision of reasonable explanations to the outstanding questions.

The first outstanding question related to note 21 on provisions, namely the potential total value of the claims associated with the sum of £110,500 in potential excesses.  The Director of Finance and ICT explained that as many of the claims were still to be settled but at this time the potential total value is estimated at £700,000 and that the difference between this figure and £110,500 of potential excesses was covered by the Council’s insurance policy.

The second outstanding question related to note 43 on risks arising from financial instruments (page 111 of the main agenda) and related to missing text at the end of the section headed “Interest Rate Risk”.  The Director of Finance and ICT clarified that the full note should state as follows:

“The Council is exposed to interest rate movements on its investments and has a number of strategies for managing interest rate risks.  The annual treasury management strategy draws together the Council’s prudential indicators and its expected treasury operations, including an expectation of interest rate movements.  As part of this strategy, the Council sets the prudential indicators which provide maximum and minimum limits for fixed and variable interest rate exposure.”

The Director of Finance and ICT thereupon reported on amended pages for the Statutory Statement of Accounts which had been issued on a supplementary agenda for this meeting.

Report as amended by the supplementary agenda ADOPTED.

            RESOLVED:

            (1)        That the Statutory Statement of Accounts for the financial year ending 31 March 2009 including amended pages 7, 8, 9, 10, 16, 19, 25, 26, 35, 39, 42-44, 48 and 49 be approved;  and

(2)        That the thanks of the Council to the Director of Finance and ICT and his staff responsible for compiling the Statutory Statement be recorded.

            RESOLVED:

            That the annual report of the Standards Committee be noted.

Recommendation:

To  appoint Councillor Chana (the Chairman of the Panel) to the membership of the Complaints Panel in place of one of the Conservative Group  nominees.

1.                  Councillor Chana was appointed to  the Chairmanship of the Complaints Panel at the Annual  Council meeting.  He is however not a member of the Panel at present and, in order to ensure that the Panel is properly constituted, Councillor Chana must be appointed to a seat on the Panel in place of one of the other Conservative Group nominees, namely:

Councillors Mrs. J. Hedges, G. Mohindra, J. Philip, B. Rolfe, B. Sandler and Mrs L. Wagland.

            RESOLVED:

            That this item be deferred to the next Council meeting for further clarification.

(a)               Buckhurst Hill Town Centre Partnership

Recommendation:

To  appoint one representative to the Buckhurst Hill Town Centre Partnership.

1.                  At the Annual Council meeting, the appointment of a representative to  this Partnership was deferred pending clarification of whether the appointed representative must be an elected District Councillor.

2.                  The constitution of the Partnership is attached but appears to be silent on the question of the status of the representative:

3.                  At the Annual  council meeting, the following nominations were made:

Conservative Group -              Councillor Mrs L. Wagland

                                                            Mr R. Church

Liberal  Democrats Group –   Councillor Mrs A. Haigh.

4.                  Discussions have been taking place with the Partnerships generally about a general protocol with the Council but this has yet to be finalised and agreed by all those involved.

(b)               Enfield/Essex/Herts Border Liaison Group - Deputy

Recommendation:

To  consider the appointment of a deputy.

1.         Following the appointment of Councillors R. Bassett, Mrs P. Smith and R. Wyatt on this body at the Annual Council meeting ( with Councillors Mrs J. Lea and M. Sartin as deputies) , there remains one vacancy for a deputy. The representatives and deputies must be Councillors.

(a)        Buckhurst Hill Town Centre Partnership

The Council considered the appointment of two District Council representatives to the Buckhurst Hill Town Centre Partnership.  This item had been deferred at the Annual Council meeting on 21 May 2009 for clarification as to whether appointed representatives had to be serving District Councillors. 

The Council noted that in the Constitution for the Town Centre Partnership there was no clear requirement regarding the status of the appointed representative.

Nominations in respect of Councillor Mrs L Wagland, Mr R Church and Councillor Mrs A Haigh were received but during discussion of this item the nomination in respect of Mr R Church was withdrawn by the Leader of the Conservative Group.

            RESOLVED:

            That Councillors Mrs A Haigh and Mrs L Wagland be appointed as the Council’s representatives on the Buckhurst Hill Town Centre Partnership for  the remainder of the ensuing year.

(b)       Enfield/Essex/Herts Border Liaison Group – Deputy

The Council considered the appointment of one member to act as a Deputy for the appointed representatives on this body.

            RESOLVED:

            That Councillor A Clark be appointed Deputy in respect of the Enfield, Essex and Herts Border Liaison Group for the remainder of the current Council year.

(c)        Epping Forest College – Governing Body

            RESOLVED:

            That the recent decision of the Board of Governors of Epping Forest College to afford the Leader of Council full voting status as a Governor be noted.

(d)               Epping Forest Chamber of Commerce - Appointment of Council Business Champion

            RESOLVED:

            That, as requested by the Chamber of Commerce, Councillor C Whitbread, the Finance and Economic Development Portfolio Holder be appointed to serve  on the Chamber of Commerce as its business champion for the municipal year 2009/10.

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

There were no items for report under this item.

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.

            RESOLVED:

            That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part I of Schedule 12A of the Local Government Act 1972:

            Agenda           Subject                                               Exempt Information and

            Item No                                                                       Paragraph Number

            18                    Springfields, Waltham Abbey             3

To  consider the attached restricted Cabinet report

The Portfolio Holder for Housing presented a report concerning the Springfields Improvement Scheme and the requirement for supplementary capital funding due to an estimated cost overrun and provision for an additional financial contingency.

Following questions by members of the Council the report was ADOPTED.

            RESOLVED:

            (1)        That the current progress with the Springfields Improvement Scheme be noted as set out in the reports;  and

            (2)        That the supplementary estimate of £400,000 be approved by means of funding from the Major Repairs Reserve in the sum of £275,000 for the immediate estimated cost overrun and a further £125,000 as a contingency to cover any further unforeseen works costs and the costs of additional professional fees as a result of the claim for an extension of time.

Following adoption of the report, the Portfolio Holder undertook to provide further information as to how the contingency calculation had been calculated.