Agenda and minutes

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

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

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 webcasting of its meetings.

To approve as a correct record and sign the minutes of the meeting held on 30 June 2009 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 30 June 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.

(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 the Council

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

(a)       Epping Forest College Learner Awards;

(b)       Limes Farm Festival Day;

(c)        Jack Petchey Awards at Waltham Abbey Town Hall;

(d)       Race for Life at North Weald Airfield;

(e)               Opening of New Playground at Hoe Lane, Nazeing.

The Chairman also reported that she had attended the funeral of former Councillor Malcolm Woollard.

The Chairman announced that Councillor David Bateman and Mick Merrick former Chief Works Officer had recently been hospitalised and that she would be writing to them.

The Chairman advised that she would be sending the flowers from tonight’s Council meeting to the Recycling and Waste Management Office at Langston Road in recognition of the work undertaken in relation to the new food and garden recycling service.

The Chairman drew attention to the forthcoming annual petanque match between the District Council and Epping Town Council to be held on 8 August 2009.  She reported that the District Council team would comprise Councillors Mrs A Haigh and D Stallan and that the Vice-Chairman of the Council would be in attendance.

(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.

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 - attached;

(f)          Report of Housing Portfolio Holder;

(g)     Report of Legal and Estates Portfolio Holder;

(h)        Report of Leisure and Wellbeing Portfolio 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 reported that she had also attended the Epping Forest College Learners Celebration presentation.  In relation to her nomination as a full member of the Board of the College she had been invited for an interview which was to be held shortly.

The Leader of the Council also referred to her attendance at the Coopersale Hall School Speech Day and the Essex Conference of Local Strategic Partnerships held at Colchester.

The Leader also referred to her interview with Audit Commission officers in relation to the Council’s Use of Resources and advised that she was to meet with officers from East of England Regional Assembly (EERA) in connection with the performance of the Local Strategic Partnership.

(b)       Community Safety and Transport Portfolio Holder

Councillor Ms S-A Stavrou, the Portfolio Holder for Community Safety and Transport advised that there had been some increase in crime in the District but that the figures were still below those of the previous year and that close working was taking place with Safer Communities partners to seek a reduction in the current level.  The Portfolio Holder advised that there had been a reduction in burglaries following a high visibility police operation last weekend.

Councillor Ms Stavrou reported that Epping had recently established a Neighbourhood Action Panel and that is a result of the initiative of the Community Safety Team of a Farmers’ Neighbourhood Action Plan (NAP) initiative the Council was still being approached by others for advice on setting up similar projects in other parts of the country.

The Portfolio Holder reported that there had been a huge response to the parking reviews and that all of the information received was being collated and reviewed by Essex County Council Highways officers.  Following that process the proposals would be returned to the District Council for consideration by the Local Highways Panel before formal Traffic Regulation Orders were made.  Councillor Ms Stavrou advised that the Buckhurst Hill consultation was due to go out in the first week of September and that the Loughton Broadway consultation would go out on 29 September 2009.

The Portfolio Holder reported that the first meeting of the Local Highways Panel had taken place and that officers were refining the Overview and Scrutiny Pick system for members to put forward suggested works for 2011/12.  The Portfolio Holder advised that the programme for 2010/11 was already in place.  The meeting noted that the committee format for the Local Highways Panel was agreed by the District Council would remain in being for one year after which it would be reviewed.

(c)        Environment Portfolio Holder

Councillor Mrs M Sartin, Environment Portfolio Holder, drew attention to the road show about the new food and garden waste recycling service which had been held in the Civic Offices car park during the day and early evening.

The Portfolio Holder advised that  ...  view the full minutes text for item 42.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 6 above; or

(ii)  any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 10.7 provides that answers to questions without notice may take the form of:

(a)     direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)     direct oral answer from the Chairman of the Overview and Scrutiny Committee or, at their request, from another member dealing with that issue as part of an Overview and Scrutiny review;

(c)     where the desired information is in a publication of the Council or other published work, a reference to that publication;

(d)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(e)     where the question relates to an operational matter, the Leader, Chairman of the Overview and Scrutiny Committee  or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Chief Officer.

In accordance with the Council Procedure Rule 10.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. 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)        New Food and Garden Waste Recycling Service Road Shows

Councillor Mrs P Brooks asked the Environment Portfolio Holder how the road shows had been advertised and what response there had been to the road shows held to date.

Councillor Mrs M Sartin, Environment Portfolio Holder, advised that the road shows had been advertised on Town and Parish Council notice boards and that the bin hanger which had been distributed to all households had provided a telephone number for information on the road shows.  She advised that the overall impression gained from the road shows held to date was that residents were generally in favour of the proposals although officers had been asked many questions and had answered concerns.

(b)       Parking Reviews

Councillor J M Whitehouse asked the Community Safety and Transport Portfolio Holder when members would be given a further opportunity to comment on the proposals prior to the making of formal Traffic Regulation Orders.  He pointed out that there was likely to be little time to call a meeting of the Local Highways Panel and he asked if a date had yet been set for the next meeting.

Councillor Ms S-A Stavrou, Community Safety and Highways Portfolio Holder, asked Councillor R Bassett, Chairman of the Highways Panel to answer this question.  Councillor Bassett advised that many more responses had been received than anticipated.  He gave an assurance that every member of the Highways Panel would get copies of the relevant documentation in time for the meeting of the Panel.  He pointed out that this was an extra consultation stage which had been included at the request of the District Council and that this was involving a lot of work with the Highways officers.  He confirmed that he was anxious for there to be further member input before formal Traffic Regulation Orders were made.

Councillor J M Whitehouse asked if ward councillors could receive the papers in addition to members of the Highways Panel.

Councillor Bassett confirmed that this would be possible but pointed out that the electronic file was likely to be very large. 

(c)               Procurement

Councillor Mrs J H Whitehouse asked the Finance and Economic Development Portfolio Holder if he was aware of the complicated process which had to be followed by officers in order to place a new supplier on the Council’s ordering system.

Councillor C Whitbread, Finance and Economic Development Portfolio Holder, advised that he had attended recently a meeting of the Chamber of Commerce at which concern had been expressed by local businessmen about the difficulties of engaging with the Council.  He accepted the need for the ordering process to be simplified and confirmed that he would pursue the matter.

(d)               Rents

Councillor Mrs P Richardson asked the Finance and Economic Development Portfolio Holder how the rent decrease for Council house tenants would affect commercial rents.

Councillor C Whitbread, Finance and Economic Development Portfolio Holder, advised that these were separate issues and the Government decision on the level of housing rents had  ...  view the full minutes text for item 43.

Recommendation:

To note that following the resignation of Councillor Mrs H Harding as Leisure and Wellbeing Portfolio Holder, the Leader appointed Councillor B Rolfe to that position.

On 6 July 2009, Councillor Mrs Harding resigned as Leisure and Wellbeing Portfolio Holder. On 7 July 2009, the Leader of the Council appointed Councillor Rolfe in place of Councillor Mrs Harding.

By leave of the Council, the Chairman advised that she proposed to take this matter as the next item of business.

Members noted that on 6 July 2009, Councillor Mrs H Harding had resigned as Leisure and Wellbeing Portfolio Holder.  On 7 July 2009, the Leader of the Council had appointed Councillor B Rolfe in place of Councillor Mrs Harding.

            RESOLVED:

That the resignation of Councillor Mrs H Harding as Leisure and Wellbeing Portfolio Holder and the appointment by the Leader of Councillor B Rolfe to that position be noted.

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.

There were no motions to be considered at this meeting.

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.

To consider the attached report.

Mover:  Councillor D Stallan – Housing Portfolio Holder.

The Portfolio Holder submitted a request for a supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

That, in order to complete the major tree work and shrub maintenance project on housing land at Ninefields, Waltham Abbey, a supplementary estimate for 2009/2010 in the sum of £38,000 to be funded from the Housing Revenue Account balances be approved.

To consider the attached report.

Councillor Mrs D Collins, Leader of the Council advised that as Councillor B Rolfe had only recently been appointed Leisure and Wellbeing Portfolio Holder and did not have detailed knowledge of the background to this matter, the report would be moved by Councillor C Whitbread.

Mover:  Councillor C Whitbread – Finance and Economic Development Portfolio Holder

The Portfolio Holder submitted a request for a capital supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

That a supplementary capital estimate in the sum of £41,000 be approved to enable the proposal to build a Sports Hall at Waltham Abbey Swimming Pool to be progressed to the pre-planning stage.

Recommending:

That Councillor B Rolfe be appointed as a member of the Leisure Management – Contract Monitoring Board in place of Councillor Mrs H Harding

At the Annual Council meeting on 21 May 2009, the Council appointed the following members to the Leisure Management – Contract Monitoring Board:

Conservative Group: R Bassett, Mrs H Harding, C Whitbread

Liberal Democrats Group: J M Whitehouse

LRA Group: D Wixley

BNP Group: P Turpin

The membership reflects the Council decision taken in May 2008 at which time it was agreed that the Conservative Group nominees would be the then Portfolio Holders for Finance and Performance Management, Leisure and Young People and Civil Engineering and Maintenance.

Following the appointment of Councillor Rolfe as Leisure and Wellbeing Portfolio Holder it is proposed that he appointed to the Board in place of Councillor Mrs Harding.

Members were advised that at the Annual Council meeting on 21 May 2009 the Council had appointed members to the Leisure Management – Contract Monitoring Board.  The membership had reflected the Council decision taken in May 2008 at which time it had been agreed that the Conservative Group nominees would be the then Portfolio Holders for Finance and Performance Management, Leisure and Young People and Civil Engineering and Maintenance.

The Council was informed that following the appointment of Councillor B Rolfe as Leisure and Wellbeing Portfolio Holder it was proposed that he be appointed to the Board in place of Councillor Mrs H Harding.

            RESOLVED:

That Councillor B Rolfe be appointed as a member of the Leisure Management – Contract Monitoring Board in place of Councillor Mrs H Harding.

Recommendation:

To appoint Councillor K Chana (the Vice Chairman of the Panel) to the membership of the Staff Appeals Panel in place of Councillor B Rolfe.

1.                  Councillor Chana was appointed as Vice-Chairman of the Staff Appeals 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.

2.        Councillor Rolfe was appointed to the Panel at the Annual meeting as one of the Conservative Group nominees. Following his subsequent appointment as a Portfolio Holder he is no longer able to be a member of the Panel and it is proposed that he be replaced by Councillor Chana.

The Council was advised that Councillor K Chana had been appointed as Vice?Chairman of the Staff Appeals Panel at the Annual Council meeting.  However, he had not been appointed a member of the Panel at that time and in order to ensure that the Panel was properly constituted it was necessary that he be appointed to a seat on the Panel in place of one of the other Conservative Group nominees.

Members were advised that Councillor B Rolfe had been appointed to the Panel at the Annual Council meeting as one of the Conservative Group nominees.  However, following his subsequent appointment as a Portfolio Holder he was no longer able to be a member of the Panel.

            RESOLVED:

That Councillor K Chana (the Vice-Chairman of the Panel) be appointed to the membership of the Staff Appeals Panel in place of Councillor B Rolfe.

Recommending:

That Councillor B Rolfe be appointed to represent the Council on this Partnership for the remainder of the current municipal year in place of Councillor Mrs H Harding

At the Annual Council meeting on 21 May 2009, the Council appointed the following members to the Epping Forest Children and Young People’s Strategic Partnership:

Conservative Group: Councillor Mrs H Harding

Liberal Democrats Group: Councillor Mrs A Haigh

The Conservative Group nominee was the then Leisure and Wellbeing Portfolio Holder whose responsibilities include Young People. Following the appointment of Councillor Rolfe as Leisure and Wellbeing Portfolio Holder the Conservative Group have advised that they wish to change their nominee.

Members were advised that at the Annual Council meeting on 21 May 2009, the Council had appointed members to the Epping Forest Children and Young People’s Strategic Partnership.  The Conservative Group Nominee had been the then Leisure and Wellbeing Portfolio Holder, Councillor Mrs H Harding, whose responsibilities had included young people.  Following the appointment of Councillor B Rolfe as Leisure and Wellbeing Portfolio Holder the Conservative Group had indicated they wished to change their nominee.

            RESOLVED:

That Councillor B Rolfe be appointed to represent the Council on this partnership for the remainder of the current municipal year in place of Councillor Mrs H Harding.

Recommendation:

To note that the Leader of the Council has appointed Councillor B Rolfe, Leisure and Wellbeing Portfolio Holder, as an additional member of the North Weald Airfield Cabinet Committee

At the Annual Council meeting, the Leader of the Council reported that she had appointed the following Portfolio Holders to form the North Weald Airfield Strategy Cabinet Committee:

Councillor C Whitbread - Finance and Economic Development Portfolio Holder (Chairman)

Councillor Mrs D Collins - Leader

Councillor Mrs M Sartin - Environment Portfolio Holder

Councillor M Cohen - Legal and Estates Portfolio Holder

Councillor D Stallan - Housing Portfolio Holder

As the terms of reference of the Committee include strategic matters relating to the recreational activities conducted at the Airfield, the Leader has now appointed the Leisure and Wellbeing Portfolio Holder as an additional member of the Committee.

In accordance with Section 100B(4) of the Local Government Act 1972 and Council Procedure rule 2.1 (xi), the Chairman has deemed this item as urgent business in view of the need for all members to be aware of the Leader’s decision.

Members were informed that at the Annual Council meeting the Leader of the Council had reported that she had appointed five Portfolio Holders to form the North Weald Airfield Strategy Cabinet Committee.  However as the terms of reference of the Committee included strategic matters relating to the recreational activities conducted at the Airfield,  the Leader had since appointed the Leisure and Wellbeing Portfolio Holder as an additional member of the Committee.

The Council noted that in accordance with Section 100B(4) of the Local Government Act 1972 and Council Procedure Rule 2.1 (xi), the Chairman had deemed this item as urgent business in view of the need for all members to be aware of the Leader’s decision.

            RESOLVED:

That the appointment by the Leader of the Council of Councillor B Rolfe, Leisure and Wellbeing Portfolio Holder as an additional member of the North Weald Airfield Strategy Cabinet Committee be noted.

            Recommendation:

That the Council confirm the appointment of Councillor Mrs R Gadsby to attend future meetings of a working group of the West Area Forum on GP care in Waltham Abbey as appointed by the Overview and Scrutiny Committee at their meeting on 9 July 2009.

The Overview and Scrutiny Committee on 9 July 2009 considered a request from the Essex County Council Health Overview and Scrutiny Committee to appoint a District Council representative to a working group of the West Essex Forum on GP care in Waltham Abbey. The working group is reviewing the impact of the changes to GP care in Waltham Abbey following the sudden retirement of one of the local GPs; the provision of additional capacity to meet local needs and to make recommendations which could help develop protocols to ensure that similar situations were handled better in future.

The Council is asked to confirm the appointment of the Overview and Scrutiny Committee’s preferred representative, Councillor Mrs R Gadsby.

The Council was advised that the Overview and Scrutiny Committee on 9 July 2009 had considered a request from Essex County Council Health Overview and Scrutiny Committee to appoint a District Council representative to a Working Group of the West Essex Forum on GP Care in Waltham Abbey.  Members noted that the Working Group was reviewing the impact of the changes to GP Care in Waltham Abbey following the sudden retirement of one of the local GPs and the provision of additional capacity to meet local needs and making recommendations which could help develop protocols to ensure that similar situations were handled better in future.

The Council noted that the Overview and Scrutiny Committee had indicated that Councillor Mrs R Gadsby would be their preferred representative on the Committee.

            RESOLVED:

That the appointment of Councillor Mrs R Gadsby to attend future meetings of a Working Group of the West Essex Forum on GP Care in Waltham Abbey be confirmed.

Recommendation:

To note that the Leader of the Council has approved the schedule of delegated authorities to officers in respect of Cabinet services.

The Leader of the Council has approved the schedule of delegated authorities to officers in respect of Cabinet services. The schedule will be issued shortly as updates to the Constitution on the website and to the paper binders.

The Council was informed that the Leader of the Council had approved a schedule of delegated authorities to officers in respect of Cabinet services.  The schedule would be issued shortly as updates to the Constitution on the website and to the paper binders.

            RESOLVED:

That the approval by the Leader of the Council of a schedule of delegated authorities to officers in respect of Cabinet services be noted.

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

(a)        Stansted Airport Community Trust

Councillor R Morgan, the Council’s appointed representative on the Trust advised that he had attended a meeting recently at which the Annual Report of the Trust had been presented.  He advised that the Trust met twice a year to consider applications for grants from organisations within a 10 mile radius of Stansted Airport which were met from noise penalties imposed on airlines.  Councillor Morgan reported that in the last year £123,210 had been allocated.

In response to a question from Councillor S Murray, Councillor Morgan agreed to publish in the Council Bulletin a list of organisations within the Epping Forest District which had received grants within the last 12 months.  Councillor Morgan also agreed in response to a question from Councillor G Pritchard to include in the Council Bulletin item a list of the parishes within the District which came within the 10 mile radius of Stansted Airport.

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 in accordance with Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda           Subject                                   Exempt information and

Item No.                                                          Paragraph Number

19                                        Report from the Leader          1

of the Council

To consider a restricted report (to be tabled).

A report of the Leader was tabled. The Chairman adjourned the meeting to enable members to read the report and all officers to leave the meeting. The meeting resumed without any officers present and the Council considered the report concerning this contract of employment.

            RESOLVED:

(1)   That consideration of the matter be deferred; and

(2) That the meeting be adjourned to a date to be determined by the Chairman of the Council.