Agenda and minutes

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

2.         The following announcement will be read:

“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”

The Assistant to the Chief Executive, on behalf of the Chairman of the Council,  reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

Councillor Mrs Smith addressed the Council on her year of office. 

She thanked the Council for affording her the privilege of being elected Chairman to the Council for the past year which had been very enjoyable.

The Chairman referred to some of the many events she had attended during the year and stated that whilst it was difficult for her to identify a highlight she wanted to draw attention to the visit to North Weald last September of veterans of the Norwegian Air Force.  She said that the memories of the events held for them over a 3 day period would remain with her for a very long time.

She thanked staff for the support and advice she had received during her year of office.  She also thanked her escort, Ian Hull and others who had generously given up their time to accompany her to events.

The Chairman reported that she had raised in excess of £4,000 for her chosen charity, the Alzheimer’s Society (West Essex Branch).

Councillors Mrs D Collins, Mrs C Pond, J M Whitehouse and the Chief Executive, P Haywood on behalf of the staff, expressed their appreciation for the hard work and enthusiasm shown by Councillor Mrs Smith during her year of office.

To elect a Chairman of the Council for the municipal year 2010/11. Nominations received are set out in Appendix 1a (to be tabled). The new Chairman will then make a declaration of acceptance of office.

The nomination of Councillor Mrs A Grigg for the office of the Chairman of the Council having been formally moved by Councllor D Stallan and seconded by Councillor Mrs D Collins, it was:

            RESOLVED:

            That Councillor Mrs A Grigg be elected Chairman of the Council for the ensuing year.

Councillor Mrs Grigg thereupon made a declaration of acceptance of the office of Chairman of the Council and thanked the Council for her election.

COUNCILLOR MRS A GRIGG IN THE CHAIR

To appoint a member to be a Vice-Chairman of the Council for the municipal year 2010/11. Nominations received are set out in Appendix 1b (to be tabled). The new Vice-Chairman will then make a declaration of acceptance of office.

The nomination of Councillor K Angold-Stephens for the office of Vice-Chairman of the Council having been formally moved by Councillor Mrs C Pond and seconded by Councillor Mrs A Grigg, it was:

            RESOLVED:

            That Councillor K Angold-Stephens be appointed Vice-Chairman of the Council for the ensuing year.

Councillor Angold-Stephens thereupon made a declaration of acceptance of office of Vice-Chairman of the Council and thanked the Council for his appointment.

To approve as a correct record and sign the minutes of the meeting held on 20 April 2010 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 20 April 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 Mrs A Grigg and Mrs M Sartin declared personal interests in agenda item 20 (Contract of Employment – Post XEX/01).  By leave of the Council the Councillors advised that they would explain their interests at the commencement of consideration of this item in private session.

(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)      Newly Elected Councillors

To welcome councillors elected/re-elected on 6 May 2010, namely:

Ward                                              Councillor

Buckhurst Hill East                         Peter Spencer

Buckhurst Hill West                        Sylvia Watson

Chigwell                                          Lesley Wagland

Chipping Ongar, Greensted

and Marden Ash                             Derek Jacobs

                                                       Blane Judd

Epping Hemnall                              Janet Whitehouse

Epping Lindsey and

Thornwood Common                      Will Breare-Hall

Grange Hill                                     Gagan Mohindra

Loughton Alderton                          Lance Leonard

Loughton Broadway                       Jennifer Hart

Loughton Fairmead                        Tessa Cochrane

Loughton Forest                             Colin Finn

Loughton Roding                            Stephen Murray

Loughton St Johns                         John Markham

Loughton St Marys                         Richard Cohen

Lower Nazeing                               Yolanda Knight

North Weald Bassett                      David Stallan

Theydon Bois                                 Susan Jones

Waltham Abbey Honey Lane           David Johnson

Waltham Abbey Paternoster          John Wyatt

(d) Members Not Re-elected

To note that the following members were not re-elected on 6 May 2010:

Mitchell Cohen

Antoinette Cooper

Roland Frankel

Ann Haigh

Ann Haigh has been invited to attend the meeting to receive an award in recognition of her 14 years service.

(a)       Announcements by the Chairman of the Council

(i)         Chairman’s Charity Appeal – 2010/11

The Chairman of Council announced that during her year of office she had decided to make her main charity, Cancer Research UK.  She advised that she would also be supporting St Clare Hospice at Hastingwood, Chigwell Riding Trust for Special Needs at Chigwell and the Essex Air Ambulance.

The Chairman reported that she would be taking part in the Race for Life at North Weald Airfield on 21 July 2010 and asked members to sponsor her for this event.  She also asked Councillors to sponsor the Council’s Director of Environment and Street Screen, John Gilbert who would be raising money on behalf of her charity as he sailed across the Bay of Biscay to Spain next month.

(ii)        Charity Golf Day – 15 June 2010

The Chairman referred to this forthcoming event held in support her charity appeal and urged as many Councillors and Officers who were interested in golf to take part.

(iii)       Other Events in Aid of the Chairman’s Charity

The Chairman advised that with the help of Countrycare she would be organising a walk later in the year and that with the help of officers she would also be holding a quiz.

(iv)      Flowers

The Chairman announced that she intended to send the flowers from tonight’s meeting to St Clare Hospice at Hastingwood.

(b)       Announcements by the Leader of Council

There were no announcements by the Leader for this meeting.

(c)       Announcements by Portfolio Holders

There were no announcements by Portfolio Holders for this meeting.

(d)       Newly Elected Councillors

The Chairman welcomed Councillors elected/re-elected on 6 May 2010 and asked them to stand as she announced their names.

(e)       Members Not Re-Elected

The Council noted that the following members had not been re-elected on 6 May 2010:

Mitchell Cohen, Antoinette Cooper, Roland Frankel and Ann Haigh.

Councillors Mrs D Collins, Mrs C Pond, and J M Whitehouse acknowledged the contributions made to the Council by those members.  The Chief Executive and Mr I Willett also acknowledged the contribution made by Ann Haigh and expressed their best wishes to her for the future.

In recognition of her 14 years’ service the Chairman presented an award to Ann Haigh.  Ann Haigh thanked the Council for the award.  She stated that she had made many friends in all political groups on the Council and expressed the hope that she had made a difference during her terms of office.

To note in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990, the constitution of political groups on the Council and the names of members who will act as Group Leaders and Deputy Group Leaders (Appendix 2 to follow).

(a)        Notice of Constitution of Political Groups

The Council noted, in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990, the constitution of Political Groups on the Council as set out in Appendix 1 to these minutes.

(b)       Notification of Group Leaders and Deputies

The Council noted the names of members who had signed notices as indicated above and who would act as Group Leaders and Deputy Group Leaders.

(a)        To note the appointments to be made by the Leader in respect of:

            (i)         Cabinet Members; (Appendix 3 – to follow)

            (ii)        Portfolio Holders and respective responsibilities; (Appendix 3 – to follow)

            (iii)       Appointment of Cabinet Committees and memberships (Appendix 4 – to follow); and

            (iv)       Appointment to Chairmanships and Vice Chairmanships of Cabinet Committees; (Appendix 4 – to follow)

(b)        To note the nominations made by the Leader to Outside Organisations carrying out Executive functions indicated in Appendix 5 (to follow)

(c)        To note appointments made by the Leader in respect of outside organisations carrying out Executive functions indicated in Appendix 6 (to follow) where the Leader has determined that the representation should be at officer level.

The Council noted appointments made by the Leader of the Council in respect the following:

(a)        Cabinet Members (as set out in Appendix 2 to these minutes);

(b)        Portfolio Holder Appointments (as set out in Appendix 2 to these minutes);

(c)        Appointments to Cabinet Committees and the Chairmen of those Committees (as set out in Appendix 3 to these minutes);

(d)        Appointments of Outside Organisations in respect of organisations carrying out executive functions (as set out in Appendix 4 to these minutes);

(e)        Appointments in respect of Outside Organisations carrying out executive functions where the Leader had determined that the representation should be at officer level (as set out in Appendix 5 to these minutes);

The Council received a report of the Leader of the Council on these appointments.  The Leader advised that a ninth Portfolio had been created which would be entitled Safer and Greener and that in recognition of that Portfolio the responsibilities of Portfolio Holders were being revised and these would be published in the Council Bulletin and reported to the next Council meeting.

The Leader pointed out that the Safer and Greener Portfolio Holder would be a member of the Finance and Portfolio Management Cabinet Committee in place of the Environment Portfolio Holder.

            RESOLVED:

            That the schedules of appointments made by the Leader of the Council be noted.

(a)    To make appointments to the membership of Committees, Sub-Committees and Panels (Appendix 7 – to follow)

 (b) To appoint Chairmen and Vice-Chairman of Committees, Sub-Committees   and Panels (Appendix 8 – to follow).

Motion Moved by Councillor R Morgan and Seconded by Councillor Mrs P Smith

“That in recognition of the decision made by the Council at its last meeting to appoint six Licensing Sub-Committee Chairmen, the last sentence of paragraph 2 of Appendix 4 of Part 3 (Responsibility for Council Functions) of the Constitution be deleted and substituted with “Any such Sub-Committee shall include, by rota, one of the six Licensing Sub-Committee Chairmen appointed at each Annual Council meeting”.”

Carried

            RESOLVED:

            (1)        That appointments to the membership of Committees,

            Sub-Committees and Panels be approved as set out in Appendix 6 to these minutes;

            (2)        That in recognition of the decision made by the Council at its last meeting to appoint six Licensing Sub-Committee Chairmen, the last sentence of paragraph 2 of Appendix 4 of Part 3 (Responsibility for Council Functions) of the Constitution be deleted and substituted with:

            “Any such Sub-Committee shall include, by rota, one of the six Licensing

            Sub-Committee Chairmen appointed at each Annual Council meeting”; and

            (3)        That the appointment of Chairmen and Vice-Chairman of Committees, Sub-Committee and Panels be approved as set out in Appendix 7 to these minutes.

(a) District Councillors

To appoint three Councillors (Leader not eligible) to the Standards Committee.

These three members will serve together with the three independent members appointed by the Council until 2011 and the three local council representatives appointed by the Association of Local Councils (Epping Forest Branch). Nominations received are set out in Appendix 9 (to be tabled).

(b) Independent Members

At the Council meeting on 16 February 2010, members received a report of the Monitoring Officer drawing attention to two Independent Member vacancies on the Committee which would arise in May 2010. The Council agreed the establishment of a Selection Panel to agree a short-list of applicants, interview the persons short-listed and make recommendations to the Council on appointments.

The appointed members will join Mr M Wright as the Independent members of the

Committee.

To consider the report of the Selection Panel (to follow).

(a)        District Councillors

The Council considered nominations for the three places held by members of the Council on the Epping Forest District Standards Committee.

            RESOLVED:

            That Councillors Mrs A Grigg, Mrs P Smith and Mrs J H Whitehouse be appointed as the Council representatives of the Standards Committee for the ensuing year.

(b)       Independent Members

Councillor Mrs P Smith Chairman of the Standards Committee Selection Panel submitted a report on the appointment to vacant Independent seats on the Standards Committee.

            RESOLVED:

            (1)        That Mr Jason Guth be appointed to the vacant Independent seat on the Standards Committee with immediate effect;

            (2)        That Mr Richard Crone be appointed to the forthcoming vacancy once Mr Grenville Weltch has signified when he wishes to resign his seat;

            (3)        That arrangements be made for the new members to receive appropriate training before they take up their appointments; and

            (4)        That the decision of the Leader of the Liberal Democrats Group to appoint Councillor Mrs P Brooks in place of Councillor Mrs A Haigh on the Selection Panel be noted.

To appoint three councillors (Members of the Cabinet and Members of the Finance and Performance Management Scrutiny Panel are not eligible). Nominations received are set out in Appendix 10 (to be tabled).

These three members will serve together with two co-opted persons (Mrs M Peddle (Vice-Chairman) and R Thompson).

The Council considered nominations for the three places held by members of the Council on the Audit and Governance Committee.  By leave of the Council, Councillor Mrs C Pond withdrew her nomination for one of those seats.

            RESOLVED:

            That Councillors A Green, A Watts and J M Whitehouse be appointed as the Council members of the Audit and Governance Committee for the ensuing year.

To consider a report following a recruitment exercise to fill the vacancy on the Panel (to follow).

By leave of the Council, Mr I Willett submitted a report on the appointment to the vacant position on the Independent/Parish Remuneration Panels.

            RESOLVED:

            That the appointment of Rosemary Kelly to the vacant position on the Independent/Parish Remuneration Panels be approved.

Recommendation:

That the scheme of officer delegation for Council and regulatory functions, as set out in Part 3 of the Constitution as amended be agreed.

The Constitution requires that the scheme of delegation be agreed at the Annual meeting. The current scheme has been issued in Part 3 of the Council’s Constitution and incorporates the new format agreed at the Council meetings on 17 February 2009 (minute 121) and 28 April 2009.

            RESOLVED:

            That the Scheme of Officer Delegation for Council and Regulatory Functions, as set out in Part 3 of the Constitution as amended be agreed.

(Monitoring Officer) If necessary, to consider the attached report.

By leave of the Council this report was withdrawn.

Recommendation:

That during 2010/11 ordinary meetings of the Council be held on the following dates:

29 June 2010

27 July 2010

28 September 2010

2 November 2010

14 December 2010

15 February 2011

17 February 2011 (Thursday)(reserve date for budget meeting)

29 March 2011

24 May 2011 (Annual meeting)

At its meeting on 16 February 2010, the Council adopted a calendar of meetings for the period from May 2010 to May 2011 which included ordinary meetings of the Council for the year.

It is a requirement of the Constitution that a programme of ordinary meetings of the Council be approved at the annual meeting of the Council. The dates set out above are those adopted on 16 February 2010.

            RESOLVED:

            That during 2010/11 ordinary meetings of the Council be held on the following dates:

            29 June 2010

            27 July 2010

            28 September 2010

            2 November 2010

            14 December 2010

            15 February 2011

            17 February 2011 (Thursday) (reserve date for budget making)

            29 March 2011

            24 May 2011 (Annual meeting)

(a)        To appoint or nominate, as the case may be, representatives to the outside organisations carrying out Council, Regulatory or non-Cabinet functions indicated in Appendix 11 (to follow).

(b)        To note officer representation on outside organisations carrying out Council Regulatory or non-Cabinet functions indicated in Appendix 12 (to follow) where the Council has previously determined that the representation should be at Officer level.

(c)        If necessary to appoint or nominate any representatives to organisations with terms of office expiring after the current year as set out in Appendix 13 (to follow) where appointments are required at this meeting.

The Council considered schedules of nominations by the political groups for Council representations on Outside Organisations carrying out Council, regulatory or non-Cabinet functions.  Voting took place in accordance with Council Procedure Rules where nominations exceeded available places.

            RESOLVED:

            (1)        That representation on Outside Organisations carrying out Council, regulatory or non-Cabinet functions for 2010/11 be determined as set out in Appendix 8 to these minutes;

            (2)        That the officer appointments to Outside Organisations listed in Appendix 9 to these minutes be noted; and

            (3)        That the schedule of representatives on Outside Organisations with terms of office expiring after the current year as set out in Appendix 10 to these minutes be noted.

Recommendation:

To note that work programmes for both the Executive and Overview and Scrutiny will be circulated shortly.

The Constitution requires that the Executive and Overview and Scrutiny should both submit an annual work programme each year, on their strategies for the coming year. Work programmes are being prepared and will be circulated to all members of the Council when completed.

The Council noted that the Constitution required that the Executive and Overview and Scrutiny should both submit an annual work programme each year on their strategies for the coming year.  It was noted that the work programmes were being prepared and would be circulated to all members of the Council when completed.

            RESOLVED:

            The work programmes for both the Executive and Overview and Scrutiny be circulated to members shortly.

(Leader of the Council) To consider a report (to follow).

The Leader of the Council submitted the Annual Report of the Executive for 2009/10.

The Leader drew attention to the improvements made to the Council’s Waste Management Service with the Council recycling more than 50% of waste.  She also advised that crime had decreased again during the year and acknowledged the roles of the Safer Communities Team and their cooperation with the local Police in achieving this improvement.  She advised that an excellent working relationship had been developed with local farmers and the more rural areas and that additional CCTV cameras had been provided and were being monitored regularly.

The Leader drew attention to the increase in Council Tax by only 1.5% this year and advised that steps would continue to be taken to use money wisely and prudently so that good services and value for money could continue to be provided.

Councillor Mrs Collins drew attention to the Gypsy and Traveller Development Plan Document Direction and advised that she would be lobbying the new Secretary of State for Communities and Local Government, the Right Hon. Eric Pickles M.P. to remove the Direction.

Councillor Ms R Brooks drew attention to the recent Audit Commission report on the Council’s Benefits Service and asked what steps will be taken to improve this service.

Councillor C Whitbread advised that he had been disappointed with the Audit Commission report but that he did not consider it was a true reflection of the Benefits Section.  He acknowledged that improvements were necessary and would be considered in due course.

Councillor Mrs J Sutcliffe expressed disappointment at the lack of progress in relation to Parking Reviews and in particular the Buckhurst Hill Parking Review.

Councillor Ms S-A Stavrou drew attention to a schedule which had been published recently in the Council Bulletin and advised that the timescales specified therein were still appropriate.

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

            Item No                                                           Paragraph Number

            20                    Contract of Employment –                  1

                                    Post XEX/01

To consider the current position. Councillor J M Whitehouse to report.

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

As reported earlier in the meeting Councillors Mrs A Grigg and Mrs M Sartin explained their interests in relation to this matter.

Councillor Mrs Grigg advised that her interest related to one informal meeting which had been held in 2009 with a member of staff of the solicitors who had subsequently been engaged by the Council to advise on this matter.  She advised that she had determined that her interest was a personal one and was not prejudicial as the Council was no longer being advised by that person who was no longer employed by the practice.  She also pointed out that she had played no other part in the engagement of the firm and she expressed regret that she had not declared a personal interest at previous Council meetings when this matter had been considered and apologised for that oversight.

Councillor Mrs M Sartin advised that her interest arose because the Leader of the Council had spoken to her husband about staff contract issues and as a result he had mentioned an employment lawyer known to him.  The lawyer had been a member of staff at the solicitors subsequently engaged by the Council to advise on this matter.  Councillor Mrs Sartin advised that she had not been aware of the discussions between the Leader of the Council and her husband at the time and that she had determined that her interest was a personal one only.  She expressed regret that she had not declared this interest at previous meetings of the Council when this matter had been considered and she apologised for that oversight.

Councillor J M Whitehouse submitted a report (tabled) following further negotiations which had taken place since the last meeting of the Council.

The members questioned Councillor J M Whitehouse on the report and formulated decisions.  In order to conclude this matter the holder of post XEX/01 was asked to return to the meeting to indicate whether he was prepared to agree the revised terms to terminate his contract including further amendments to the Compromise Agreement and the terms of the Agreement.  The postholder returned to the meeting and pointed out that whilst he was yet to receive advice from his solicitor on the latest terms he would be happy to sign the Compromise Agreement amended as outlined by Councillor J M Whitehouse.

The Council expressed their appreciation to the post holder for returning to the meeting and explaining his position.

            RESOLVED:

            (1)        That the update from Councillor J M Whitehouse on the current position and the background to the report tabled be noted;

            (2)        That in response to the post holder’s proposal the Council agree to the revised terms requested by the post holder to terminate his contract including the proposed further amendments to the Compromise Agreement and the terms of the Agreement;

            (3)        That the External Auditor be consulted about the terms of the  ...  view the full minutes text for item 21.