Agenda and minutes

Council - Tuesday 29th June 2010 7.30 pm

Venue: Council Chamber - Civic Offices. View directions

Contact: Council Secretary: Ian Willett  Tel: 01992 564243 Email:  iwillett@eppingforestdc.gov.uk

Media

Items
No. Item

22.

WEBCASTING INTRODUCTION

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”

Additional documents:

Minutes:

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.

 

23.

MINUTES pdf icon PDF 98 KB

To approve as a correct record and sign the minutes of the meeting held on 25 May 2010 (attached).

Additional documents:

Minutes:

            RESOLVED:

 

That the minutes of the Council meeting held on 25 May 2010 be taken as read and signed by the Chairman as a correct record subject to the substitution of “R Cohen” for “Rebecca Mellissa Cohen” in the list of members present.

 

24.

DECLARATIONS OF INTEREST

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

Additional documents:

Minutes:

(a)       Pursuant to the Council’s Code of Member Conduct, Councillor S Murray declared a personal interest in agenda item 9 (Questions by Members Under Notice – Roding Valley Recreation Area) by virtue of using the area on a regular basis.  The councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of this item.

 

(b)       Pursuant to the Council’s Code of Member Conduct, Councillors P Gode and B Judd declared personal interests in agenda item 10 (Report to the Cabinet – Community Governance Review – Greensted/Ongar Town) by virtue of being members of Ongar Town Council.  The councillors had determined that their interests were not prejudicial and that they would remain in the meeting for the consideration of and voting on this item.

 

25.

ANNOUNCEMENTS

(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.

Additional documents:

Minutes:

(a)       Announcements by the Chairman of the Council

 

(i)         Attendance at Events

 

The Chairman reported on her attendance at the Alderton Junior and Roydon Primary Schools as part of a West Essex Partnership initiative to raise aspirations and recognise the achievements of children in primary schools.  She advised that she had been impressed with the enthusiasm of the children and she looked forward to attending a visit to Nazeing Primary School shortly.

 

The Chairman also reported on her attendance at a Volunteers Awards Tea organised by Voluntary Action Epping Forest at which she had presented major volunteer awards.  She referred to the delight shown by volunteers at receiving unexpected awards.

 

Councillor Mrs Grigg reported on her attendance at the Ninefields Community Centre to open art sculpture and entrance refurbishment works.

 

The Chairman thanked officers and members who had participated in the Officers and Members Golf Day at Chigwell Golf Club and helped to raise approximately £800 for her charities.

 

(ii)        Flowers from the Meeting

 

The Chairman announced that in view of the high temperature in the Council Chamber due to a fault with the air conditioning she would delay until the close of the meeting making a decision on sending the flowers to an organisation or individual.

 

(iii)       Director of Environment and Street Scene

 

The Chairman advised that John Gilbert had returned from his voyage and she asked members to hand to him their sponsorship money in aid of her charities if they had not already done so.

 

(iv)      Race for Life

 

The Chairman announced that she would be running the Race for Life at North Weald Airfield in July and she invited members to sponsor her.

 

(b)       Announcements by the Leader of Council

 

There were no announcements by the Leader under this heading.

 

(c)       Announcements by Portfolio Holders

 

There were no announcements by Portfolio Holders under this heading.

 

26.

PUBLIC QUESTIONS

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.

Additional documents:

Minutes:

The Council noted that there were no public questions for this meeting.

 

27.

REPORTS FROM THE LEADER, CHAIRMAN OF THE OVERVIEW AND SCRUTINY COMMITTEE AND MEMBERS OF THE CABINET pdf icon PDF 108 KB

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.

 

Additional documents:

Minutes:

The Council received written reports from the Chairman of the Overview and Scrutiny Committee, the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Legal and Estates Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, and the Operational Planning and Transport 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 as part of the initiative by the West Essex Partnership to help raise aspirations and recognise the achievements of children in primary schools she had attended Limes Farm Infants School, the Leverton Infants School and Lambourne Primary School to present awards.

 

The Leader referred to a recent meeting with two of the three local Members of Parliament and local County Councillors.  They had diccussed recent ministerial announcements regarding the abolition of regional bodies, Comprehensive Area Assessment and regional strategies.  Members noted that some of the intentions required legislation and that pending clarification there was uncertainty about how various functions would be undertaken in the future.  In relation to planning the Government had indicated a return to local decision making but it was unclear how this would be achieved in relation to issues such as the expansion of Harlow.  The Leader reported that she had a meeting the following day with representatives of Harlow and Uttlesford Councils to discuss a number of issues.

 

Councillor Mrs Collins advised that she had written to the new Secretary of State for Communities and Local Government, the Right Hon Eric Pickles MP to seek removal of the Gypsy and Traveller Development Plan Document Direction.  A reply was expected in the near future and when received would be circulated to all Members of the Council.

 

The Leader drew attention to the coalition Government requirement for local authorities to publicise all spending over £500 and to a request from Grant Shapps MP, Minister for Housing and Local Government, seeking views on what burdens currently imposed on local government could be reduced or removed in order to achieve savings.  She advised that all local authorities had been asked to identify five such burdens and that following consultation with members and officers a list had been submitted on behalf of the Council.

 

The Leader advised that she had received information which indicated that cuts by Essex County Council both in the core funding and performance reward grants to LSPs were likely.  Members noted that schemes not yet commenced could not proceed and that without adequate funding it was difficult to envisage how LSPs could continue with the good work they had undertaken.

 

The meeting noted that the Leader had attended a joint Leaders/Chief Executives meeting regarding shared services in Essex.  Consultants’ reports were awaited but it was difficult to envisage how a number of services could be shared in view of the current financial position  ...  view the full minutes text for item 27.

28.

QUESTIONS BY MEMBERS WITHOUT NOTICE

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.

Additional documents:

Minutes:

(a)        Coalition Government Request for Ideas on Reducing Burdens on Local Government

 

Councillor Murray referred to the letter received from Grant Shapps, MP, Minister for Housing and Local Government and asked the Leader what consultation had taken place with other members prior to formulating a response.  He also suggested that the Leader appeared to have shown a lack of enthusiasm for some of the recent coalition Government initiatives.

 

Councillor Mrs Collins apologised if she had given a wrong impression about the Government initiatives and emphasised that her concern had been the number of such initiatives which had been received within a very short space of time and the need to decide how to deal with issues in the absence of some of the organisations which had been or were to be abolished.  The Leader pointed out that the letter from Grant Shapps had been received on a Tuesday with a reply required by the following Friday.

 

The matter had been considered at Management Board level and officers had produced a list of suggestions which had been viewed by members of the Cabinet and reduced to the requested number of five.  Councillor Mrs Collins outlined some of the suggestions which had been put forward and offered to provide a full list in the Council Bulletin.

 

(b)       Leisure Facilities – Free Swimming for those aged 60 and over

 

Councillor Wixley asked the Leisure and Wellbeing Portfolio Holder if free swimming for those aged 60 and over would be ceasing.

 

Councillor Rolfe advised that he had received confirmation that the Council would not be receiving a Government Grant of £39,000 which formed the basis of the funding for the project.  He advised that the effect of this would be discussed at a pre?Cabinet meeting and he would advise all members of the outcome as soon as possible.

 

(c)        Council’s Non-Operational Land and Properties

 

Councillor Wixley asked the Legal and Estates Portfolio Holder whether consideration had been given to the community use of public houses owned by the Council.  He drew attention to the role which had been played by the Winston Churchill Public House on Debden Day and suggested that as public houses provided a valuable community asset they should not be lost.

 

Councillor Mrs Wagland advised that she shared the views of Councillor Wixley’s on a personal level but that as a Portfolio Holder she had to take account of all aspects in relation to the future of the Council’s non-operational properties.

 

(d)       Council’s Summer Holiday Activity Programme

 

Councillor Philip drew attention to the Council’s Summer Holiday Activity Programme and asked if in future increased provision could be made for young people in their mid-teens.

 

Councillor Rolfe advised that he would be happy to discuss this possibility with Leisure Officers for future years.

 

(e)       SLM Capital Investment

 

Councillor P Brooks asked the Leisure and Wellbeing Portfolio Holder if the SLM guaranteed capital investment of £250,000 over three sites would be divided equally between the sites.

 

Councillor Rolfe advised that he  ...  view the full minutes text for item 28.

29.

MOTIONS

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.

Additional documents:

Minutes:

The Council was advised that there were no motions for consideration at this meeting.

 

30.

QUESTIONS BY MEMBERS UNDER NOTICE pdf icon PDF 10 KB

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.

Additional documents:

Minutes:

(a)        Roding Valley Recreation Ground Lake

 

By Councillor S Murray to Councillor B Rolfe, Leisure and Wellbeing Portfolio Holder

 

“Could the Portfolio Holder please update members as regards the following:

 

(a)        the plans for the Roding Valley Recreation Ground Lake;

 

(b)        the progress made on these plans (including the control of fishing by bailiffs), with implementation dates if relevant;  and

 

(c)        what other plans are in place to deal with the anti-social behaviour of some fishermen (usually not locals) before the implementation of any longer term arrangements”.

 

Response read by Councillor B Rolfe, Leisure and Wellbeing Portfolio Holder

 

“I will reply to the three parts of the question in turn:

 

(a)        The plans for the Roding Valley Recreation Ground Lake

 

The last meeting of the Roding Valley Lake Group consisting of Epping Forest District Council officers, Parish/Town Council representatives and the Environment Agency representatives was held on 12 May 2010.

 

The update on the situation is as follows:

 

(i)         the fishing platform installed last year has sustained some damage to the lower board, this is being repaired.

 

(ii)        land bank erosion

 

There are two critical areas.  One area was completed last year.  The area by the footpath is now being dealt with and should be finished by the end of June.  Much of the erosion is caused by geese and it is planned to consider installing a gravel area to enable the birds to get in/out of the water without continually eroding the banks.

 

There is another potential worn area by the old slipway and this area is being assessed to see if planting reed beds will help.

 

(iii)       Erosion of the main river bank

 

The Environment Agency is monitoring the river erosion.  Loughton Town Council is concerned about three areas in their part of the Roding Valley and its impact on the path.

 

(iv)       Reed Beds

 

Reed beds are being planted in one area of the lake to improve water quality.  Works will be started in one month to six weeks.

 

(v)        Platforms

 

Platforms for use by fishermen are being installed and will be linked to the footpath.

 

(vi)       Funding

 

The Environment Agency has assisted by grant funding part of the platform work and also the reed planting programme.  Essex County Council helped to fund the platform for use by disabled people.

 

(vii)      Fish Stock

 

The Environment Agency has donated some fish and those were released into the lake on June 18th.

 

(b)       The progress made on these plans (including the bailiffing of fishing) with implementation dates if relevant

 

An attempt has been made to interest a fishing club in managing the site but to date this has been unsuccessful.  The Environment Agency has supplied a list of clubs and those clubs will be approached to see if they will assist the Council to manage fishing activities in a better way.

 

(c)        What other plans are in place to deal with the anti-social behaviour of some fishermen (usually not locals) before the implementation of any longer term  ...  view the full minutes text for item 30.

31.

REPORT OF THE CABINET - COMMUNITY GOVERNANCE REVIEW - GREENSTED/ONGAR TOWN pdf icon PDF 77 KB

To consider the attached report by the Cabinet.

Additional documents:

Minutes:

Mover:  Councillor Mrs D Collins – Leader of the Council

 

The Leader submitted a report following a request for a Community Governance Review of the rural part of the Greensted Parish Ward of Ongar Town to the Parish of Stanford Rivers.

 

In presenting the report the Leader drew attention to an e-mail received earlier in the day from a representative of Greensted residents expressing disappointment at the recommendations of the Cabinet.  As a result it had been suggested that representatives of the Ongar Town Council should meet with residents of Greensted to discuss the issues further.

 

An amendment moved by Councillor Jacobs and seconded by Councillor J M Whitehouse to defer consideration of the matter pending the outcome of the meeting between representatives of the Town Council and residents of Greensted was withdrawn following debate.

 

By leave of the Council, the Leader amended the recommendations of the Cabinet to clarify the extent of the proposed transfer.

 

Report as amended ADOPTED

 

            RESOLVED:

 

That a Community Governance Review in respect of the Greensted Ward of Ongar Town Council be not pursued for the following reasons:

 

(a)       the representations made for the proposed transfer of the rural part of the Parish Ward of Ongar Town to the Parish of Stanford Rivers do not make a strong enough case for reflecting the identities and interests of residents of that Ward more effectively and conveniently than the present arrangements;

 

(b)       the case presented does not provide a convincing justification for concluding that the concerns expressed by Greensted residents and in particular those from Greensted Green will be better served by transferring the Ward to a different Parish Council;  and

 

(c)        the absence of any view expressed by the Stanford Rivers Parish Council.

 

32.

COMMUNITY GOVERNANCE REVIEW - MORETON, BOBBINGWORTH AND THE LAVERS PARISH COUNCIL pdf icon PDF 80 KB

To consider the attached report by the Cabinet

Additional documents:

Minutes:

Mover:  Councillor Mrs D Collins – Leader of the Council

 

The Leader submitted a report following a request for a Community Governance Review for the Moreton, Bobbingworth and The Lavers Parish Council area.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

(1)        That this Council agrees to embark on a Community Governance Review for the Moreton, Bobbingworth and The Lavers Parish Council area;

 

(2)        That the Council publishes this decision and the reasons for launching the review, namely:

 

(a)        the proposal of Moreton, Bobbingworth and The Lavers Parish Council for revised warding for the three Lavers Parishes will achieve a more balanced electoral representation across the Parish area;

 

(b)        the review will enable this Council to assess whether the local community support this proposal and wish to raise any other governance issues;  and

 

(3)        That a new Committee be established to be responsible for progressing the review and making recommendations to the Council with membership and terms of reference as submitted by the Returning Officer in a separate report.

 

33.

COMMUNITY GOVERNANCE REVIEWS - APPOINTMENT OF NON EXECUTIVE COMMITTEE pdf icon PDF 70 KB

To  consider the attached report of the Cabinet.

Additional documents:

Minutes:

Mover:  Councillor Mrs D Collins – Leader of the Council

 

The Leader reported that following consideration of the earlier report concerning the Community Governance Review requested by Moreton, Bobbingworth and The Lavers Parish Council, the Cabinet had requested the Returning Officer to draw up terms of reference for its preferred option for taking that review forward, namely a Non Executive Committee.

 

The Leader reported on the proposed terms of reference of the Committee which would report direct to the Council on specific reviews or policy.

 

First amendment moved by Councillor Mrs D Collins and seconded by Councillor C Whitbread

 

“That recommendation (1) be amended by the addition of a new sub-paragraph (a) (iii) as follows:

 

“(iii)      to report to the Council with a preliminary assessment of the steps required to achieve a reduction in the number of District Councillors serving on this Authority, including the question of changing to whole Council elections every four years with a view to assisting the Council in making decisions on those matters;”  and

 

That an additional recommendation to be numbered (4) be approved as follows:

 

“(4)      That the need for a larger membership for the proposed Committee be kept under review bearing in mind its future workload””.

 

By leave of the Council, Councillor Mrs Collins withdrew the above amendment and moved the following alternative amendment which was seconded by Councillor C Whitbread:

 

“(1)      That paragraphs (a) and (b) of recommendation (1) be amended to read:

 

“(a)      To consider and make recommendations to the Council on:

 

(i)         requests for community governance reviews and how and when they should be carried out;

 

(ii)        any future Parliamentary and District reviews;

 

(iii)       the outcome of such reviews;

 

(b)        To be responsible for progressing such reviews, including conducting public consultation in accordance with the Local Government and Public Involvement in Health Act 2007;  and

 

(c)        To keep under review the need for a larger membership for the Committee bearing in mind its future workload.”

 

Carried

 

Second amendment moved by Councillor D Stallan and seconded by Councillor J Philip

 

“That in the interests of continuity, named substitutes be appointed to the Committee”.

 

Carried

 

The Chairman invited Group Leaders to nominate members and substitutes to the Committee following which the Council elected a Chairman and appointed a Vice?Chairman from the nominated members.

 

            RESOLVED:

 

(1)        That a non executive Committee be appointed with the following terms of reference:

 

Title: Community Governance Review Committee

 

Purpose of Committee:

 

(a)        To consider and make recommendations to the Council on:

 

(i)         requests for community governance reviews and how and when they should be carried out;

 

(ii)        any future Parliamentary and District reviews;

 

(iii)       the outcome of such reviews;

 

(b)        To be responsible for progressing such reviews, including conducting public consultation in accordance with the Local Government and Public Involvement in Health Act 2007;

 

(c)        To keep under review the need for a larger membership of the Committee bearing in mind its future workload;

 

Membership:

 

5 Councillors and 5 substitutes appointed by the Council in accordance  ...  view the full minutes text for item 33.

34.

REPORT OF THE CABINET - HOUSING REVENUE ACCOUNT - REFORM pdf icon PDF 75 KB

To consider a report of the Cabinet (attached).

Additional documents:

Minutes:

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

 

The Portfolio Holder reported that in July 2009, the Department for Communities and Local Government had published a consultation paper “Reform of Council Housing Finance” following a review of Council Housing Finance which had begun in March 2008.  Following the conclusion of the consultation the Department had been working on a prospectus for a voluntary offer to local authorities to buy themselves out of the current HRA subsidy system.  The issues had been considered by the Finance and Performance Management Cabinet Committee who had taken account of the views of consultants appointed to advise the Council on these matters.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the Council’s response to the Government consultation as set out in the Appendix to the report to the Council be approved.

 

35.

STATUTORY STATEMENT OF ACCOUNTS 2009/10 pdf icon PDF 98 KB

To  consider a report of the Audit & Governance Committee arising from its meeting on 21 June 2009  and the Statutory Statement of Accounts for 2009/10 (to follow).

Additional documents:

Minutes:

Mover: Councillor A Green - Chairman of the Audit and Governance Committee

 

Councillor A Green presented a report and the draft Statutory Statement of Accounts for the financial year ending 31 March 2010.

 

Councillor Green advised that the Committee had also considered the draft Annual GovernanceStatement which was normally presented with the Statutory Statement of Accounts.  The Committee had decided that part of the draft Statement should be reworded, a view endorsed by the external auditor, and an amended version of the Statement would be presented to the next meeting of the Committee.  As a result the Committee was unable to recommend the Statement as drafted to Council and it had not been included with the Statutory Statement of Accounts at this time.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the Statutory Statement of Accounts for the financial year ending 31 March 2010 be approved.

 

36.

REPORT OF THE CONSTITUTION AND MEMBERS SERVICES SCRUTINY PANEL - E-PETITIONS

To consider a report (to follow).

Additional documents:

Minutes:

By leave of the Council, Councillor Mrs M McEwen, Chairman of the Panel, made an oral report on this item.

 

Councillor Mrs McEwen advised that on 24 June 2010 the Panel had received a report on the new procedures for dealing with petitions including the introduction of electronic petitions.  She advised that the Local Democracy, Economic Development and Construction Act 2009 required the Council to have arrangements in place by 15 June 2010 to comply with the procedures for dealing with petitions in compliance with the legislation.  It also required that an electronic petitions procedure be approved by 15 December 2010.

 

Councillor McEwen reported that the Panel had concluded that devising a scheme for petitions was a task which would take time and involve careful discussion of all the options available.  Accordingly, it had not been possible to deal with these issues at one meeting and the matter would be considered again at the next meeting of the Panel.

 

The Council noted that although the Act had been given Royal Assent in December 2009, statutory guidance had only been issued in March 2010 and the Council had been given relatively little time to consider what was a complex subject.

 

Councillor Mrs McEwen assured the Council that pending adoption of the new procedures the Council would continue to deal with petitions in accordance with its current  procedure which had operated successfully for many years.

 

37.

GAMBLING ACT 2005 - AMENDED STATEMENT OF PRINCIPLES pdf icon PDF 24 KB

(Chairman of the Licensing Committee) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor Mrs P Brooks - Chairman of the Licensing Committee

 

Councillor Mrs Brooks reported that the Gambling Act 2005 made the Council responsible for issuing various permissions, permits and notices relating to the use of premises for gambling activities within its District.  The Act required the Council to make decisions having regards to the Act, regulations, guidance issued by the Gambling Commission and its own policy document referred to in the Act as a Statement of Principles.

 

Councillor Mrs Brooks submitted a revised Statement of Principles to replace the current Statement which had been placed for three years.

 

Councillor S Murray questioned the list of consultees contained in Appendix B to the Statement.  Councillor Mrs Brooks advised that the Director of Corporate Support Services would write to Councillor Murray advising him how the list of consultees had been compiled.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That the Gambling Act 2005 amended Statement of Principles be adopted.

 

38.

APPOINTMENTS OUTSTANDING FROM THE ANNUAL COUNCIL MEETING

(a)    Vice-Chairman of the Complaints Panel

 

      Recommendation:

 

      To appoint a Vice-Chairman of the Complaints Panel for the municipal year 2010/11

 

      The appointment of a Vice-Chairman of the Complaints Panel was deferred at the Annual Council meeting. The Protocol on the Allocation of Chairmanships and Vice-Chairmanships in the Constitution provides that appointments should be made against the requirement to achieve a pro-rata allocation between political groups. This is not a statutory pro rata requirement.

 

      In accordance with the Protocol the appointment should be on the nomination of the LRA Group. The LRA Group is represented on the Panel by Councillors R Brookes and D Wixley. Councillor Wixley was appointed Chairman of the Panel at the Annual meeting.

 

 

      (b)  West Essex Area Forum

     

      Recommendation:

 

      To appointment a representative on the West Essex Forum for the municipal year 2010/11

 

      The appointment of a representative on the West Essex Area Forum was deferred at the Annual Council meeting. The Protocol on the Allocation of Appointments to Outside Organisations in the Constitution provides that after considering “local” categories all political groups will agree on an annual basis how many seats are to be allocated to each group taking into account their overall numbers on the Council and their expressed preferences.

 

      This is not a statutory pro rata requirement and strict pro rata allocation has not been achieved for several years. Other authorities appoint their Leaders to attend the West Essex Area Forum.

 

 

(c)   Local Government Association – Rural Commission

 

 Recommendation:

 

To appoint a second representative on the Local Government Association – Rural Commission for the municipal year 2010/11

 

The appointment of a second representative on the Local Government Association – Rural Commission was deferred at the Annual Council meeting. Councillor A Boyce was appointed as the voting representative.

 

Additional documents:

Minutes:

(a)        Vice-Chairman of the Complaints Panel

 

The Chairman reported that the appointment of a Vice-Chairman of the Complaints Panel had been deferred at the Annual Council meeting.  Members noted that in accordance with the protocol on the Allocation of Chairmanships and Vice?Chairmanships in the Constitution, the appointment should be on the nomination of the LRA Group.

 

            RESOLVED:

 

That Councillor Ms R Brookes be appointed Vice-Chairman of the Complaints Panel for the municipal year 2010/11.

 

(b)       West Essex Area Forum

 

The Chairman reported that the appointment of a representative on the West Essex Area Forum had been deferred at the Annual Council meeting.  Members noted that the protocol on the Allocation of Appointments to Outside Organisations in the Constitution was not a statutory pro rata requirement and that strict pro rota allocation had not been achieved for several years.  Members noted that other authorities appointed their Leaders to attend the West Essex Area Forum.

 

            RESOLVED:

 

That Councillor Mrs D Collins, Leader of the Council, be appointed as the Council’s representative on the West Essex Area Forum for the municipal year 2010/11.

 

(c)        Local Government Association – Rural Commission

 

The Chairman reported that the appointment of a second representative on the Local Government Association – Rural Commission had been deferred at the Annual Council meeting.  At the Annual meeting, Councillor A Boyce had been appointed as the voting representative.

 

            RESOLVED:

 

That Councillor Mrs M McEwen be appointed as the second representative on the Local Government Association – Rural Commission for the municipal year 2010/11.

 

39.

PORTFOLIO HOLDER RESPONSIBILITIES pdf icon PDF 61 KB

(Leader of the Council) To note Portfolio Holder responsibilities agreed by the Leader of the Council following the creation of a ninth Portfolio.

Additional documents:

Minutes:

The Council noted the Portfolio Holder responsibilities agreed by the Leader of the Council following the creation of a ninth Portfolio.

 

40.

CIVIC OFFICES CONDER BUILDING - CONTRACT FOR NEW WINDOWS AND INFILL CLADDING PANELS - WAIVING OF CALL-IN

Recommendation:

 

To note that the Chairman of the Council agreed that the decision of the Cabinet regarding the award of a contract for new windows and infill cladding panels in the Conder Building at the Civic Offices and the virement of a sum of £40,000 to provide the budget required should be treated as a matter of urgency and should not be subject to call-in.

 

 

(Chief Executive) Following a tendering exercise through the Essex Procurement Hub for replacement windows and infill cladding panels in the Conder building at the Civic Offices the lowest tender came in at a price of £40,000 above the approved budget for this project. To enable the project to proceed without the need for supplementary finance the Cabinet agreed that a virement be made within the capital budget for planned and preventative maintenance programme for 2010/11.

 

Because this project is time critical in that it needs to be completed before the winter period the Cabinet requested that the normal call in arrangements for this decision be waived.

 

Decision Notice and form signed by the Chairman of the Council.

 

 

Additional documents:

Minutes:

Members noted that the Chairman of the Council had agreed that the decision of the Cabinet regarding the award of a contract for new windows and infill cladding panels in the Conder Building at the Civic Offices and the virement of a sum of £40,000 to provide the budget required should be treated as a matter of urgency and should not be subject to call-in.

 

41.

JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS

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

Additional documents:

Minutes:

There were no reports on the business of joint arrangements and external organisations under this item.