Agenda and minutes

The Chairman welcomed Councillor Tony Dodd of East Herts District Council who was attending the meeting as part of that Council’s move towards webcasting of its meetings.

The Chairman also welcomed Stephen Lye, a member of the Members’ Remuneration Panel, who was in attendance to present reports of the Panel.

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 live to 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 16 February 2010 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 16 February 2010 be taken as read and signed by the Chairman as a correct record.

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

(a)               Pursuant to the Council’s Code of Member Conduct, Councillors M Cohen and S Murray declared personal interests in agenda item 8(b) (Motion – Leisure Centres – Opening on Bank Holidays) by virtue of being members of the Loughton Leisure Centre.  The Councillors advised that they had determined that their interests were not prejudicial and that they would remain in the meeting for consideration and voting on the matter.

(b)       Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared a personal interest in agenda item 8(b) (Motion - Leisure Centres – Opening on Bank Holidays) by virtue of his wife and daughter being members of Ongar Leisure Centre.  The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

(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)      Councillors not seeking re-election to the District Council

At the time of publication of the Council agenda it was not known which members whose terms of office expire in May 2010 will be seeking re-election. By the time of the Council meeting this information will be available as the close of nominations is noon on 8 April 2010.

Members will be invited to pay tribute to any councillors not seeking re-election.

(a)       Announcements by the Chairman of the Council

The Chairman, Councillor Mrs P Smith, reported on her attendance at events since the last meeting of the Council.  She drew attention to the successful quiz evening held in aid of her charity on 19 February 2010 and to the Civic Awards Event held on 18 March 2010.

The Chairman reported  that she would be sending the flowers from tonight’s Council meeting to Democratic Services staff in recognition of their help and advice throughout her year of office.

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

There were no announcements made under this heading.

(c)       Councillors not seeking re-election to the District Council

The Chairman announced that the following Councillors were not seeking re?election on 6 May 2010:

Conservative Group – Adam Clark, Rebecca Cohen and Matt Colling;  and

BNP Group – Sue Clapp, Rod Law and Peter Turpin.

Councillor Mrs D Collins, Leader of the Conservative Group, paid tribute to the work undertaken by the three Conservative Group members and also to Councillor G Pritchard who had recently resigned from the Council.

Councillor R Frankel thanked Councillor Colling for the friendly and fair way in which he had chaired meetings of Area Plans Sub-Committee East.

Councillor Mrs P Richardson, Leader of the BNP Group, paid tribute to the work undertaken by the three members of her Group who were not standing for re-election.

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)           to the Leader of the Council;

(b)           to the Chairman of the Overview and Scrutiny Committee; or

(c)          to any Portfolio Holder.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

(a)        Off-Street Parking Programmes

From Mrs S Jones to Councillor D Stallan, Housing Portfolio Holder

The Chairman reported that Mrs S Jones who had submitted a public question was unable to be present at the meeting.  Councillor Mrs Smith advised that in the absence of the questioner she had decided that she would ask the question on Mrs Jones’ behalf and that a copy of Councillor Stallan’s reply would be sent to Mrs Jones.

The Chairman read Mrs Jones’ question:

“In the light of concerns raised to me by residents of Theydon Bois over recent weeks, can the Housing Portfolio Holder please detail how much of the identified monies have already been spent on the Table 1 Off-Street Parking programmes? Can he further give assurances as to the rate of progress being made on the Table 2 programmes, specifically including Graylands in Theydon Bois?  Finally, given that the assessment of the Table 3 Schemes were to be assessed by April of this year, can he let the residents of Avenue Road in Theydon Bois know when they will see progress on this issue?”.

Answer read by Councillor D Stallan, Housing Portfolio Holder

“The Council has appointed the Design Consultant, Stace, who have completed detailed design drawings for schemes at Hillcroft, Colebrook Gardens and School Lane and are currently working on the detailed designs for Chester Close, Harvey Gardens and Audley Gardens.  These are all schemes from the original list of priority 1 approved schemes that featured in table 1.  However, following the new parking standards adopted by Essex County Council, which has seen an increase in bay sizes, it has been necessary to re-assess and amend the original designs.  These schemes are now subject to highway safety audits to comply with ECC Highway Standards.

A tender specification is currently being prepared by Stace, and once tenders have been approved it is anticipated that works will commence on site around September 2010 and completed by March 2011.

Feasibility studies of the nine schemes that are included in table 2 will commence in June 2010, which includes Graylands in Theydon Bois.  A resident consultation exercise will form part of the Feasibility study.  A report will be presented to the Cabinet giving details of the outcome of the feasibility study and the Cabinet will be asked to agree the priorities for the schemes in table 2, hopefully by around October 2010.

The combined Housing Revenue Account and a General Fund budget over the next four years for off-street parking is £2.45m, which includes fees.  Using an average cost per bay, the anticipated cost for all priority 1 schemes in table 1 is around £380,000 inclusive of fees.  However, this is subject to tender.

Feasibility assessments of the schemes in table 3, which includes Avenue Road will commence at around October 2010 following the approval of priority 2 schemes by Cabinet”.

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 Portfolio Holder;

(i)          Report of Performance Management Portfolio Holder.

The Council received written reports from the Chairman of the Overview and Scrutiny Committee, the Community Safety and Transport Portfolio Holder, the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, and the Performance Management Portfolio Holder.

The Chairman invited the Leader, the Chairman of the Overview and Scrutiny Committee and members of the Cabinet to provide an oral report or an oral update of their written reports.

(a)        Leader of the Council

Councillor Mrs Collins reported that Epping Forest College was awaiting the final written results of the recent Offsted inspection.  However, it was clear that the College had improved considerably and she congratulated the staff at the College.  She also advised that there had been a substantial increase in the number of students attending the College from the Epping Forest District.

The Leader reported that the next round of CAA funding for 2011/12 would all be given to the County Council for distribution.  Previously LSPs had been given an allocation to spend on local issues.  She stated that “One Epping Forest” and other County LSPs were making representations for the previous allocation arrangements to continue.

Councillor Mrs Collins advised that she had received a reply from Shahid Malik, Under Parliamentary and the Secretary of State for Communities and Local Government in response to the request for a meeting to discuss the Direction regarding the Gypsy and Traveller Development Plan Document.  The Minister had advised that he did not wish to meet with Council representatives and did not propose to withdraw the Direction at the current time. The Leader advised that she had discussed the reply with the Council’s Counsel who had interpreted the letter as being positive from the Council’s point of view in that it acknowledged that the normal planning processes had achieved results.  Councillor Mrs Collins reported that the Council had another 11 months to find the remaining pitches required and officers were currently looking at tolerated sites as a result of which the required provision might be achieved.    

(b)       Community Safety and Transport Portfolio Holder

Councillor Ms Stavrou referred to the delays in completing the Epping, Buckhurst Hill and Loughton Broadway Parking Reviews.  She advised that these reviews had been sponsored by the District Council which had commissioned the County Council to undertake them.  The Portfolio Holder advised that Essex County Council had provided further information on the reasons for the delays and estimated programmes of completion and stated that full details would appear in the Council Bulletin.  She also advised that she had met County Councillor N Hume, relevant County Council Portfolio Holder, and had expressed her concerns to him about the time taken in relation to parking reviews.

(c)        Leisure and Wellbeing Portfolio Holder

Councillor Rolfe drew attention to a decision taken by the Cabinet the previous evening in relation to the development of Limes Farm Hall.  He reported that on the basis of the reduced level of capital now required  ...  view the full minutes text for item 159.

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)        Gypsy and Traveller Development Plan Document – Reply from the Minister

Councillor Mrs Wagland asked the Leader of the Council if it would be possible for all members of the Council to have the benefit of Counsel’s interpretation of the letter from the Minister.

Councillor Mrs Collins agreed to publish this information in the Council Bulletin or in a separate notification to all members.

(b)       Gypsy and Traveller Development Plan Document - Direction

Councillor Frankel asked the Leader of the Council if the Direction would be withdrawn once the required number of pitches had been provided.

Councillor Mrs Collins said she expected this to be the case but the whole process would be affected by the forthcoming Parliamentary Election.

(c)        Roding valley Recreation Area within Buckhurst Hill Parish

Councillor Spencer asked the Leisure and Wellbeing Portfolio Holder if the District Council, as freeholder, would be admitting responsibility for the maintenance of the Recreation Area as suggested by the Parish Council.

Councillor B Rolfe stated that the views of the Buckhurst Hill Parish Council had been received last November and were still being considered.  Accordingly, the matter was yet to be resolved.

(d)       Off-Street Parking Programmes

Councillor Philip thanked the Housing Portfolio Holder for his response to the public question.  He asked if the Parish Council would be included as part of the resident consultation exercise to be undertaken in relation to the feasibility studies for the nineschemes included within table 2.  He also sought further details of the timescale for implementation of the schemes included in tables 2 and 3.

Councillor Stallan confirmed that the Parish Council would be involved in the consultation exercise.  He advised that he did not have further details of the timescales of the schemes and that he would provide this to Councillor Philip outside of the meeting.

(e)       Limes Farm Hall Development

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Haigh declared a personal interest in the oral report which had been given earlier in the meeting by the Leisure and Wellbeing Portfolio Holder in relation to the provision of capital towards the development of the Council’s preferred scheme at Limes Farm Hall by virtue of being the Chairman of Children’s Centre meetings.  The Councillor advised that she had determined that her interest was not prejudicial and that she wished to ask a question in relation to the proposed development.

Councillor Mrs Haigh asked Councillor Rolfe if it would be possible for the Children’s Centre activities to benefit from the proposed improved facility.

Councillor Rolfe advised that the list of users in the report to the Cabinet had not been comprehensive and that he would take forward Councillor Mrs Haigh’s request as he agreed it was important to provide facilities for children.

(f)        Gypsy and Traveller Development Plan Document – Further Pitches

Councillor Stallan asked the Leader of the Council if any further pitches to be provided for gypsies and travellers would they be on sites included in the Consultation on  ...  view the full minutes text for item 160.

To consider the following motion, 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)   Parish Council Bye-Elections

      "That this Council -

      (a)  notes the provisions of Section 16 of the Representation of the People Act 1985 which requires any parish election or bye-election to be deferred until three weeks after the date of a Parliamentary election;

      (b)  notes that the element of the cost of any parish elections which are attributable to deferment will be met from Government funds; and

      (c)  calls on the Government of the day to review the provisions of Section 16 so as to hold parish elections in parallel with Parliamentary elections, thereby avoiding an unnecessary drain on the public purse".

      Mover:        Councillor D Stallan

      Seconder:  Councillor J Philip 

(a)        Parish Council Bye-Elections

Moved by Councillor D Stallan and Seconded by Councillor J Philip

“That this Council –

(a)               notes the provisions of Section 16 of the Representation of the People Act 1985 which requires any parish election or bye-election to be deferred until three weeks after the date of a Parliamentary Election;

(b)        notes that the element of the cost of any parish elections which are attributable to deferment will be met from Government Funds;  and

(c)        calls on the Government of the day to review the provisions of Section 16 so as to hold parish elections in parallel with Parliamentary elections, thereby avoiding a necessary drain on the public purse”. 

Motion as first moved ADOPTED

            RESOLVED:

            Accordingly.

(b)       Leisure Centres – Opening on Bank Holidays

Moved by Councillor Ms R Brookes and seconded by Councillor S Murray.

“That in order to inform negotiations when the Leisure Centres Management Contract is re-negotiated, the Council calls on the Cabinet:

(a)        to arrange a well-publicised pilot opening of at least some of the Leisure Centres on one of the May Bank Holidays; and

(b)        to secure permanent opening on public holidays to be achieved at no extra cost to public funds”.

Amendment moved by Councillor C Whitbread and Seconded by Councillor B Rolfe

“That the words contained in paragraph (a) be deleted”.

                                                                                                                     Adopted

            RESOLVED:

That in order to inform negotiations when the Leisure Centres Management Contract is re-negotiated, the Council calls on the Cabinet to secure permanent opening on public holidays to be achieved at no extra cost to public funds.

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.

(Leader of the Council) The attached report is being considered by the Cabinet at its meeting on 19 April 2010. The recommendations of the Cabinet will be reported orally by the Leader of the Council.

The appointment of a representative to the Waste Management Committee was a Council function. However, that Committee and its proposed replacement committees take executive decisions on behalf of member councils and future appointments should be made by the Leader and not the Council.

Mover: Councillor Mrs M Sartin – Environment Portfolio Holder

The Portfolio Holder advised that the Cabinet at its meeting the previous evening had agreed to the dissolution of the West Essex Waste Management Joint Committee.  The Cabinet had also agreed to a proposal to create a Waste Partnership Member Board and Inter-Authority Member Working Group.

She advised that the appointment of a member to the Joint Committee had been made by the Council at the last Annual meeting.  However, on reflection as the body had executive powers it should have been a decision of the Leader.  She advised that the Cabinet had recommended that she should be the Council’s representative on the new Board and Member Group but that a decision on the appointment of a deputy had been held in abeyance pending the forthcoming Annual meeting of the Council.

            RESOLVED:

(1)               That the new structure be noted and that the Environment Portfolio Holder be the Council’s representative on the new Board and Member Group for the remainder of the current municipal year;  and

(2)               That the Leader of the Council appoint a representative and deputy in the future.

(Councillor R Morgan – Chairman of the Committee) To attached report of the Constitution and Members Services Scrutiny Panel is being considered by the Overview and Scrutiny Committee at its meeting on 15 April 2010. The recommendations of the Overview and Scrutiny Committee will be reported orally by the Chairman of the Overview and Scrutiny Committee.

Mover: Councillor R Morgan - Chairman of the Overview and Scrutiny Committee

Councillor Morgan presented a report which had been submitted to the Committee on 15 April 2010 and advised that the Committee had adopted the recommendations contained therein.

Report as first moved ADOPTED

            RESOLVED:

(1)               That paragraph 11.4 of Article 11 (Audit and Governance Committee) be amended by the addition of the following new paragraph (to be designated “(m))”:

“(m)     To be responsible for the scrutiny of the Council’s Treasury Management Strategy, including consideration of mid-financial year and outturn reports”; and

(2)               That the Constitution be amended accordingly.

(Councillor R Morgan – Chairman of the Committee) To attached report of the Constitution and Members Services Scrutiny Panel is being considered by the Overview and Scrutiny Committee at its meeting on 15 April 2010. The recommendations of the Overview and Scrutiny Committee will be reported orally by the Chairman of the Overview and Scrutiny Committee.

Mover:  Councillor R Morgan - Chairman of the Overview and Scrutiny Committee

Councillor Morgan submitted a report which had been submitted to the Committee on 15 April 2010 and advised that the Committee had adopted the recommendations contained therein.

Report as first moved ADOPTED

            RESOLVED:

(1)        That, with effect from the 2010/11 municipal year, the terms of reference for the Housing Appeals and Review Panel be amended as set out in Appendix 1 to these minutes;

(2)        That all other appeals and reviews be determined by the relevant Assistant Director of Housing (or, in the case of some homelessness reviews listed at (1)(a)(i) – (iii) in Appendix 1, the Housing Options Manager), provided that the reviewing officer has had no previous involvement with the case;

(3)               That appeals and reviews eligible for determination by the Housing Appeals and Review Panel continued to be generally considered first by the relevant Assistant Director of Housing except (in accordance with current policy) all homelessness reviews that do not involve the types of homelessness reviews listed at (1)(a)(i) - (iii) in Appendix 1, with such cases being considered only by the Housing Appeals and Review Panel;

(4)        That appropriate changes be made to the Council’s Constitution and the Scheme of Officer Delegation accordingly.

(Councillor R Morgan – Chairman of the Committee) To attached report of the Constitution and Members Services Scrutiny Panel is being considered by the Overview and Scrutiny Committee at its meeting on 15 April 2010. The recommendations of the Overview and Scrutiny Committee will be reported orally by the Chairman of the Overview and Scrutiny Committee.

Mover: Councillor R Morgan – Chairman of the Overview and Scrutiny Committee

Councillor Morgan submitted a report which had been submitted to the Committee on 15 April 2010 and advised that the Committee had adopted the recommendations contained therein.

Councillor Mrs P Brooks, Chairman of the Licensing Committee, thanked members of the Committee and officers who had advised the Committee for their support during the last year when there had been a considerable workload.

Report as first moved ADOPTED

            RESOLVED:

(1)               That consideration of whether to increase the number of members appointed to the Licensing Committee be deferred;

(2)               That an additional paragraph 3.4 for inclusion in Appendix 4 (Annex 3) (Conduct of Business by the Licensing Committee and Sub?Committees) be approved as follows:

“3.4 In the case of any hearing pursuant to the summary review procedure under the Violent Crime Reduction Act 2006, the membership of any Sub?Committee adjudicating on such a review shall comprise any three members drawn from the Licensing Committee subject to the proviso that no member should serve more than one hearing”;

(3)               That the Constitution be amended accordingly.

(Councillor R Morgan – Chairman of the Committee) To attached report is being considered by the Overview and Scrutiny Committee at its meeting on 15 April 2010. The recommendations of the Overview and Scrutiny Committee will be reported orally by the Chairman of the Overview and Scrutiny Committee.

Mover:  Councillor R Morgan – Chairman of the Committee

Councillor Morgan submitted a report which had been submitted to the Committee on 15 April 2010 and advised that the Committee had adopted the recommendations contained therein.

Councillor Morgan drew attention to a typographical error in the heading of Section (iv) relating to the Finance and Performance Management Standing Panel which should read “Key Performance Indicators for 2008/9 – Outturn”.

Report as amended ADOPTED

            RESOLVED:

That the work undertaken by  the Overview and Scrutiny Committee, the Scrutiny Standing Panels and the Task and Finish Panels during the past municipal year as detailed in the Annual Report be noted.

(Councillor R Morgan – Chairman of the Committee) To attached report of the Constitution and Members Services Scrutiny Panel is being considered by the Overview and Scrutiny Committee at its meeting on 15 April 2010. The recommendations of the Overview and Scrutiny Committee in relation to Council functions will be reported orally by the Chairman of the Overview and Scrutiny Committee.

Mover:  Councillor R Morgan – Chairman of the Committee

Councillor Morgan submitted a report which had been submitted to the Committee on 15 April 2010 and advised that the Committee had adopted the recommendations contained therein.

Report as first moved ADOPTED

            RESOLVED:

(1)               That the previously agreed delegated authorities in respect of (a) Tree Preservation Orders and (b) Crime and Disorder as set out in the report to the Committee be noted and incorporated into the Schedules of Officer Delegation to be submitted to the Leader of the Council;

(2)               That new and revised delegated authorities set out in Appendix 2 to these minutes (Council Functions) be approved;  and

(3)               That the revised schedules of delegated authorities be incorporated into the Council’s Constitution once the approval of the Leader has been given.

(Independent Remuneration Panel) To consider the attached report.

Mover:  S Lye - Member of the Remuneration Panel

Mr S Lye, Member of the Independent Remuneration Panel submitted the Fifth Annual Report of the Panel.

First motion moved by Councillor Mrs P Brooks and seconded by Councillor M Cohen

“That pursuant to recommendation (9)(b) of the Panel’s report the Council –

(a)               agrees to appoint a Panel of six Licensing Sub-Committee Chairmen each year at the Annual Council meeting from among the members of the Licensing Committee to preside at Sub-Committee meetings by rota;

(b)               agrees to ask the Independent Remuneration Panel to consider and make recommendations to the Council on whether a Special Responsibility Allowance to reflect the role of the sixth Sub-Committee Chairmen would be appropriate and the amount of such an allowance;  and

(c)               that the detailed changes to the Constitution be submitted to the Annual Council meeting for adoption prior to appointments being made”.

Carried

Second motion moved by Councillor J M Whitehouse and seconded by Councillor D Stallan

“That the Independent Remuneration Panel be asked to consider and report on the effect of members’ allowances on state benefits”.

Carried

Report as amended ADOPTED

            RESOLVED:

            Basic Allowance

            (1)        That, having regard to the small difference between the current amount in the adopted scheme (£4,300 per annum) and (a) the average amount paid to similar councils in the same region (£4,505 per annum) and (b) the amount (£4,524 per annum) achieved by applying the current Minimum Adult Weekly Wage of £5.80 per hour to a 15 hour week, no change be made to the amount of Basic Allowance;

            (2)        That members entering into an agreement under the Council's Connectivity Scheme continue to receive as supplement to the Basic Allowance a sum of £500 per annum in their first year in office and £250 per annum in each subsequent year of their term of office;

            (3)        That the view of the Panel, that the Council be encouraged to review its level of implementation of the Basic Allowance, currently £3150 per annum, as this is clearly considerably less than the amounts paid to councillors in similar authorities in the same region and it is considered there is a danger of undervaluing the role which may make it more difficult to attract potential candidates to stand for election in future, be noted;

            (4)        That in view of the Government's decision to reject the recommendation of the Councillors' Commission to authorise Standards Committees to suspend and clawback part of the Basic Allowance where a member fails to fulfil their role, no steps be taken to introduce voluntary clawback;

            (5)        That the Council continue to consider steps which could be taken to make members more accountable including the Member Development Programme promoted by the Improvement and Development Agency;

            (6)        That as part of the Panel’s next review, consideration be given to inclusion in the scheme of a supplement to the Basic Allowance to be paid to members attending a specified number of meetings/training sessions;

            Special Responsibility Allowances

            (7)        That, subject to  ...  view the full minutes text for item 169.

(Parish Remuneration Panel) To consider the attached report.

Mover: Mr S Lye – Member of the Remuneration Panel

Mr S Lye submitted the Annual Report 2008/09 and 2009/10 of the Epping Forest District Parish Remuneration Panel.

Councillor Mrs Smith thanked the members of the District and Parish Remuneration Panels for the work they had undertaken during the past year.

            RESOLVED:

That the Annual Report 2008/09 and 2009/10 of the Epping Forest District Parish Remuneration Panel be noted.

(Councillor A Green – Chairman of the Committee) To receive the Annual report (to follow).

Mover:  Councillor A Green – Chairman of the Committee

Councillor A Green presented the Annual Report of the Committee on its activities during the past Council year.

In presenting the report, he thanked the members of the Committee, especially the co-opted members, and officers for their work and support during the past year.

            RESOLVED:

That the Annual report 2009/10 of the Audit and Governance Committee be received.

Recommendation:

To receive the nominations of Group Leaders for a Selection Panel to fill the two independent member vacancies arising on the Committee in May 2010.

(Assistant to the Chief Executive) At the Council meeting on 16 February 2010, it was agreed that five councillors together with the current independent Chairman as a non-voting member should form a Standards Committee Selection Panel to fill two independent member vacancies arising on the Committee in May 2010.

It was also agreed that the Group Leaders of the four groups on the Council should each nominate one member and that a fifth member representing members not affiliated to a group should form the Selection Panel.

The nominations of Group Leaders will be reported at the meeting. Councillor R Morgan has been nominated to represent members not affiliated to a group.

The Council received the nominations of Group Leaders for a Selection Panel to fill the two independent member vacancy(ies) arising on the Committee in May 2010.

            RESOLVED:

            That the following members form the Selection Panel:

            Conservative Group Nomination: Councillor Mrs P Smith

            Liberal Democrats Group Nomination: Councillor Mrs A Haigh

            LRA Group Nomination: Councillor Mrs C Pond

            BNP Group Nomination: Councillor Mrs P Richardson

            Representative of the Non-Affiliated Members: Councillor R Morgan

Recommendation:

That the resignation of G Pritchard as a District Councillor with effect from 15 March 2010 be noted.

(Assistant to the Chief Executive/Returning Officer) On 15 March 2010, G Pritchard gave notice of resignation from the office of District Councillor for the Chipping Ongar, Greensted and Marden Ash Ward of the District.

His normal term of office would have expired in May 2011. Notice has been received signed by two electors requesting an election to fill the casual vacancy and an election will be held at the same time as the scheduled elections on 6 May 2010. 

The views of Group Leaders on a review of pro rata membership of Committees and Sub-Committees for the remainder of the current municipal year will be reported orally.

Background Papers: Letter of resignation dated 15 March 2010. Notice signed by two electors.

The Council noted the resignation of G Pritchard as a District Councillor with effect from 15 March 2010.  Members were advised that his normal term of office would have expired in May 2011 but that notice had been received signed by two electors requesting an election to fill the casual vacancy and an election would be held at the same time as the scheduled elections on 6 May 2010.

The Council also noted that following this resignation there had been no request for a review of pro rota membership of Committees and Sub-Committees for the remainder of the current municipal year.

Recommendation:

To note that in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor R Barrett has given notice that he has joined the Conservative Group.

1. (Chief Executive) The Council has received the required notice under the Local Government (Committee and Political Groups) Regulations 1990 that Councillor R Barrett joined the Conservative Group on 7 April 2010.

2. The Conservative Group has not requested a review of pro rata membership of Committee and Sub-Committee places pending the forthcoming elections. The views of other Group Leaders will be reported at the meeting.

Background Papers: Letter of resignation from LRA Group and wish to join Conservative Group dated 4 April 2010. Notice signed by Leader of the Conservative Group dated 7 April 2010.

The Council noted that in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor R Barrett had given notice that he had joined the Conservative Group.

The Council also noted that following this notification there had been no request for a review of pro rata membership of Committee and Sub-Committee places pending the forthcoming elections.

(a)    To receive the attached report from the Council’s appointed representative on Essex Supporting People Commissioning Body, ask questions and receive answers;

(b)    To receive orally any other reports, ask questions and receive answers on the business of joint arrangements and external organisations.

(a)        Essex Supporting People Commissioning Body

The Council received a written report from Councillor Ms Stavrou, the appointed representative on the body.

(b)               Olympic Champion

Councillor Stallan asked Councillor Murray, the Council’s Olympic Champion, if steps were being taken to ensure the lowest possible prices for tickets for Olympic events.

Councillor Murray advised that he was working with officers on many aspects of the Games but decisions in relation to ticket prices would be taken by others.  He stated that he would publish a report in the Council Bulletin after the forthcoming elections updating members on the progress being made in relation to Olympic Games issues affecting the District.

(c)        Stansted Airport Community Trust

Councillor Morgan, the Council’s appointed representative on the Trust advised that the next round of awards would be made in September 2010 and that submissions should be made to the Essex County Council.

Councillor R Bassett stated that organisations in the Nazeing Parish were unable to apply for awards as the Parish was more than 10 miles from the Airport.  However, he pointed out that the Parish was affected by the main stacking area and he asked Councillor Morgan to raise with the Committee the possibility of their criteria being reviewed so that organisations in the villages most affected by noise from aircraft could benefit rather than only those within a 10 mile radius of the airfield.

Councillor Morgan agreed to raise this suggestion at the next meeting of the Committee.

Recommendation:

To note that the Chairman of the Council agreed that the decision of the Legal and Estates Portfolio Holder regarding a virement of a maximum of £11,590 from the 2009/10 budget for Legal Services – Consultants’ Fees (32060 3490) to  the 2009/10 budget for Legal Expenses for Licensing and Registration (EH 151 3680) in order to pay legal costs awarded against the Council, subject to only reasonable and proper costs being paid should be treated as a matter of urgency and should not be subject to call-in.

(Chief Executive) Following the hearing of an appeal by GBN Charters Limited against the Licensing Sub-Committee’ s decision to refuse a licence the Magistrates granted a premises licence to permit the sale of alcohol at Skillets Hill Farm, Waltham Abbey.

The Magistrates decided that the Council had acted honestly, reasonably and properly on grounds that appeared sound at the time. However, prior to the hearing of the appeal new evidence was put before the Council and a compromise agreement was sought. The Police were consulted and they continued to uphold their objection. The case therefore proceeded to court. The Magistrates considered that the Council had accepted the position of the Police without question and stated that the council should have addressed the compromise agreement being offered. Costs were awarded against the Council which arose after the date the new evidence was submitted to the Council.

There is no provision in the budget for the payment of costs of this type and a virement has been necessary. Negotiations are taking place to agree a reasonable sum and if this is not possible an order will be made by the court.

Background Paper: Portfolio Holder Decision Notice and form signed by the Chairman of the Council.

The Council noted the Chairman of the Council had agreed that the decision of the Legal and Estates Portfolio Holder regarding a virement of a maximum of £11,590 from the 2009/10 budget for Legal Services – Consultants’ Fees (32060 3490) to the 2009/10 budget for Legal Expenses for Licensing and Registration (EH151 3680) in order to pay legal costs awarded against the Council, subject to only reasonable and proper costs being paid, should be treated as a matter of urgency and should not be subject to call-in.

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 items of business set out below as they 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

Item No                                                                       Paragraph No.

25                                        Contract of Employment –                              1

Post XEX/01

25A                  Chief Executive – Review                               1

                        of Delegated Authorities

(Councillors M Cohen and J M Whitehouse) To consider a report (to follow).

Officers except for D Macnab, R Palmer, C O’Boyle, I Willett and G Lunnun left the meeting before consideration of this matter.

Councillors J M Whitehouse and M Cohen submitted a report following negotiations which had taken place since the last meeting of the Council.

Councillor J M Whitehouse advised that the figure in paragraph 10 of the report should read £73,764 and that although the comments attributed to the Council’s External Auditor in paragraph 15 were accurate, members should take account only of the first sentence of that advice.

By leave of the Council, Councillors J M Whitehouse and M Cohen tabled further documents in support of their report.

The Chairman adjourned the meeting for 15 minutes in order to enable members to read the tabled documents.

The meeting resumed and members questioned Councillors J M Whitehouse and M Cohen on their report and the tabled documents.  The Council considered the proposed amendments to the Compromise Agreement and the terms of the Agreement.

Councillor J M Whitehouse indicated that four matters were outstanding on the Compromise Agreement, including the need for a supplemental agreement.

During the course of debate and in answer to questions from members, Councillor Cohen sought authority for he and Councillor J M Whitehouse to agree any final changes to the draft Agreement provided they were minor and did not alter the terms of the Agreement as reported. With this in mind, the Council approved an amendment to recommendation (3) of the report by adding the words “subject to any minor changes which do not affect the overall terms as now reported and which are agreed between the post holder and Councillors Cohen and J M Whitehouse” after the word “approved”.

The attention of members was drawn to their responsibilities under paragraph 12.3 of the draft Compromise Agreement about confidentiality.

Members thanked Councillors J M Whitehouse and M Cohen for the work which they had carried out in order to bring this matter to a conclusion.

            RESOLVED:

(1)               That the draft Compromise Agreement be approved subject to any minor changes which do not affect the overall terms as now reported and which are agreed between the post holder and Councillors Cohen and J M Whitehouse, and the Chairman of the Council be authorised to sign it on behalf of the Council;

(2)               That approval be given to the carry forward of the underspend on the Legal Expenses Budget in Legal Services and the conversion of this amount to a District Development Fund Budget to meet any additional legal costs incurred in resolving the matter;

(3)               That the additional Audit fee of £10,481.40 met from existing Audit and Finance Budgets be noted;  and

(4)               That the views of the Monitoring Officer on the correctness of the constitutional procedures adopted in this matter be noted.

The Council considered a report of the Monitoring Officer arising from the adoption of the recommendations set out in the previous item (Contract of Employment – Post XEX/01).

The Chairman of the Council had determined under Section 100B(4)(b) of the Local Government Act 1972 that this item should be dealt with as an urgent matter at this Council meeting on grounds that, the recommendations under Item 25 of this meeting having been approved, it was necessary to re-allocate certain delegated authorities held by the holder of post XEX/01 in order to meet statutory and procedural requirements.

            RESOLVED:

(1)        That, in view of the likely absence of the holder of post XEX/01 and subject to the signing of a Compromise Agreement, the following appointments be made pending further consideration of the post XEX/01:

            (a)        Head of Paid Service

Designation of the Deputy Chief Executive to carry out the duties and responsibilities of Head of Paid Service as set out in Section 4 of the Local Government and Housing Act 1989;

(b)               Proper Officer under Section 83 of the Local Government Act 1972 (Declarations of Acceptance of Office by Councillors)

Appointment of the Deputy Chief Executive as Proper Officer to witness the declarations of acceptance of office by Councillors following election or re?election for the purposes of countersigning those declarations with such appointment being incorporated into the induction process for new Councillors following the May 2010 elections; and

(2)               That the remaining delegated authorities held by the holder of post XEX/01 be reviewed at the Annual Council meeting and as and when the position of that post is reviewed.