Agenda and minutes

Council - Tuesday 27th July 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

42.

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.

43.

Minutes pdf icon PDF 91 KB

To approve as a correct record and sign the minutes of the meeting held on 29 June 2010 (attached).

Additional documents:

Minutes:

            RESOLVED:

 

            That the minutes of the Council meeting held on 29 June 2010 be taken as read and signed by the Chairman as a correct record.

44.

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 Stallan declared a personal interest in agenda item 10 (Report of the Cabinet – Supplementary Estimates) 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.

 

(b)       Pursuant to the Council’s Code of Member Conduct, Councillor Judd declared a personal interest in agenda item 10 (Report of the Cabinet – Supplementary Estimates) by virtue of his son being occasionally employed at 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.

 

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor J M Whitehouse declared a personal interest in agenda item 10 (Report of the Cabinet – Supplementary Estimates) by virtue of being a member of Epping Sports 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.

 

(d)       Pursuant to the Council’s Code of Member Conduct, Councillor Jacobs declared a personal interest in agenda item 10 (Report of the Cabinet – Supplementary Estimates) by virtue of his wife being a member of the Ongar Leisure Centre.  The Councillor advised that he had determined that his interest was not prejudicial and he would remain in the meeting for the consideration and voting on the matter.

 

(e)       Pursuant to the Council’s Code of Member Conduct, Councillor Grigg declared a personal interest in agenda item 10 (Report of the Cabinet – Supplementary Estimates).  The Councillor advised that she had determined that her interest was not prejudicial and she would remain in the meeting for the consideration and voting on the matter.

45.

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)       Former Chief Executive

 

The Chairman welcomed the former Chief Executive, Peter Haywood, his wife Hilary and his daughter Charlotte to the meeting. 

 

The Chairman reported that Mr Haywood had retired after 32 years working for Epping Forest District Council and 42 years in local government. 

 

Councillors J M Whitehouse, C Pond, R Morgan, S Murray, D Collins, M McEwen, D Jacobs, and P Richardson paid tribute to the work undertaken by Peter Haywood since joining the Council in 1978 in the Finance Department.  Members noted that during his time at the Council, Peter Haywood had held positions including Chief Accountant, Finance Director and Joint Chief Executive and had become Chief Executive in August 2007.

 

Mr Haywood responded thanking members and officers for the support he had received over the years.  He also thanked his wife and family for the support they had given him.

 

The Chairman presented Mrs Haywood with a bouquet of flowers.

 

(b)       Announcements by the Chairman of the Council

 

(i)         Attendance at Events

 

The Chairman reported on her attendance at visits to the Civic Offices by Lambourne School and Whitebridge School. 

 

The Chairman also reported on her attendance at the opening of the Sporting Heroes Exhibition at Epping Forest District Museum during which she had experienced a canoeing simulator.

 

Councillor Mrs Grigg advised that she had attended the Engage Dance Showcase held at Harlow Playhouse.  She had also attended the Shelley Fun Day organised by East Potential Little Star Children’s Centre.

 

The Chairman reported that she had started the Race for Life event held at North Weald Airfield which had attracted over 2,000 participants.  Councillor Grigg advised that after starting the event she had walked the 5 kilometres course and she thanked members who had sponsored her.

 

The Chairman reported on her attendance at Nazeing School as part of the West Essex Partnership initiative to raise aspirations and recognise the achievements of children in primary schools.

 

(ii)        Flowers from the Meeting

 

The Chairman advised that John Gilbert, Director of Environment and Street Scene had raised over £2,300 in support of her charities following his recent voyage.  In recognition she advised that she would be sending the floral display from this meeting to Mrs Gilbert.

 

(c)       Announcements by the Leader of the Council

 

There were no announcements by the Leader under this heading.

 

(d)       Announcements by Portfolio Holders

 

There were no announcements by Portfolio Holders under this heading.

46.

Public Questions (If Any)

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.

47.

Reports from the Leader, Chairman of the Overview and Scrutiny Committee and Members of the Cabinet pdf icon PDF 63 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 Environment Portfolio Holder;

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

(e)         Report of Housing Portfolio Holder;

(f)          Report of Legal and Estates Portfolio Holder;

(g)        Report of Leisure and Wellbeing Portfolio Holder;

(h)        Report of Operational Planning and Transport Portfolio Holder;

(i)          Report of Performance Management Portfolio Holder; and

(j)      Report of Safer and Greener 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, the Operational Planning and Transport Portfolio Holder, the Performance Management Portfolio Holder and the Safer and Greener Portfolio Holder.

 

The Chairman invited the Leader to provide an oral report and other members of the Cabinet to give an oral update of their written reports.

 

(a)        Leader of the Council

 

The Leader advised that she had now had telephone conversations with the Managing Director of O2 UK Limited and one of his Deputies regarding the mobile phone mast in Honey Lane, Waltham Abbey.  The Managing Director’s Deputy had undertaken to investigate the matter and to speak to the Leader again before the end of the current week.

 

The Leader reported that the West Essex Partnership (encompassing Harlow, Uttlesford and Epping Forest Local Strategic Partnerships) had been nominated for an award in the Eastern Region for their Future Jobs Fund project which had enabled over 70 jobs to be created for unemployed young persons.  At the awards ceremony the Partnership had come second and had received a certificate.

 

Councillor Mrs Collins also reported on her attendance together with the Chairman of the Council at the West Essex Primary prize giving event held at Epping Forest College.

 

(b)       Operational Planning and Transport Portfolio Holder

 

Councillor Ms Stavrou reported that she was still waiting to hear from Essex County Council in relation to the outstanding Parking Reviews.

 

She also reported that in relation to the Ranger Service the County Council had now indicated that it would be possible for the District Council to undertake a service without using the county ‘branding’.  Officers were discussing the detail of a service with their colleagues at the County Council, and further information would be provided to members in due course.

 

(c)        Safer and Greener Portfolio Holder

 

Councillor Mrs Smith advised that the Home Office had issued a consultation paper “Policing in the 21st Century: Reconnecting Police and the People”.  Details would appear in the Council Bulletin shortly and the matter would be discussed by the Safer Communities Partnership.  The closing date for responses was 20 September 2010.

48.

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 5 above; or

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

 

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

 

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

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

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

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

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

 

In accordance with the Council Procedure Rule 10.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further 10 minutes to ensure that all political groups and independent members may have their questions answered.

Additional documents:

Minutes:

(a)        Performance Reward Grant Cutbacks

 

Councillor Murray referred to the written report of the Leisure and Wellbeing Portfolio Holder in relation to the announcement by Essex County Council that it would be withdrawing funding from a range of local projects for children and young people.  He asked the Portfolio Holder if steps would be taken to minimise the effects of this withdrawal of funding.

 

Councillor Rolfe undertook to provide members with a full report as to how this decision would impact on various groups.

 

(b)       Roding Valley Recreation Ground

 

Councillor Spencer asked the Legal and Estates Portfolio Holder if the District Council was still responsible for bylaws relating to the Recreation Ground in Buckhurst Hill and to the Roding Valley Meadows Nature Reserve and, if so, whether enforcement action could be taken as the notice boards displaying the bylaws had been removed.

 

Councillor Wagland stated that the bylaws had been made in 1981 by the District Council and were now out of date and not enforceable.  She also confirmed that for the bylaws to be enforceable they needed to be displayed on site.  Councillor Wagland advised that negotiations were still taking place with the Buckhurst Hill Parish Council about responsibility for the Recreation Ground and when these had been resolved it would be possible to put in place up to date bylaws which could be enforced by the Police and Council Officers.  In relation to the Roding Valley Meadows Nature Reserve, Councillor Wagland stated that she believed the situation was the same as the Recreation Ground but she would need to check the position.

 

(c)        Countrycare

 

Councillor Wixley paid tribute to the work undertaken by Paul Hewitt, Countrycare Manager who had recently resigned from the Council.  He asked the Safer and Greener Portfolio Holder what plans she had for recruiting a new manager.

 

Councillor Smith stated that the vacancy would be dealt with in the normal way.

 

On behalf of the Council, the Chairman paid tribute to the work undertaken by Paul Hewitt.

 

(d)       Parking Schemes

 

Councillor Leonard referred to the Parking Schemes in Epping and Buckhurst Hill which were currently under review and asked the Operational Planning and Transport Portfolio Holder if priority could be given to the Loughton Broadway Parking Scheme since there was not one already in place in that locality.

 

Councillor Stavrou advised that the Loughton Broadway Scheme could not be given greater priority and that it would be necessary to complete the reviews currently taking place before considering that area.  She pointed out the difficulties which had been encountered with these schemes and stated that the County Council and the District Council were doing their best with the funds available.

 

(e)       Langston Road Depot Development

 

Councillor Philip stated that at the recent Cabinet meeting, reference had been made to 86% of out of town spend being out of the District and he asked the Legal and Estates Portfolio Holder if she was able to provide more information about this statement.

 

Councillor Wagland stated that in  ...  view the full minutes text for item 48.

49.

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 there were no motions for consideration at this meeting.

50.

Questions By Members Under Notice pdf icon PDF 16 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.

 

 

Attached is a question to the Environment Portfolio Holder. Other questions, if any, will follow.

Additional documents:

Minutes:

(a)        Collections of Residual Waste

 

By Councillor Murray to Councillor Sartin, Environmental Portfolio Holder

 

“(1)      Does the Portfolio Holder consider it acceptable for there not to be weekly collections for residuals (black wheelie bins) during the summer months;

 

(2)        What advice would she give to young families who are finding it extremely difficult to hygienically keep soiled nappies for 13 days between collections during the hot summer months (particularly in households with more than one youngster in nappies); and

 

(3)        What steps does she intend to take in order to help solve this problem for the rest of the summer weeks and in future years, particularly bearing in mind the current Government’s recent statement in favour of the weekly collection of residuals”.

 

Response read by Councillor Mrs Sartin, Environment Portfolio Holder

 

“I recognise that some residents may have concerns regarding the fortnightly collection of residual waste through the summer period.  However, the new service, which commenced last September, provides a year round weekly collection of all putrescible matter and garden waste, which is an improvement on the previous arrangements.  Provided residents make full use of this weekly collection, they should have no difficulties regarding smells, flies, maggots etc.

 

Moving on to the issue of soiled nappies, these should not be placed directly into a wheeled bin irrespective of the frequency of collection.  They should be contained in a plastic bag tied off or perhaps more conveniently in “nappy sacks” which are readily available in supermarkets and pharmacy chains.  These can be purchased for as little as £0.50 for a hundred or more, and the bags can be properly sealed and are also scented.  Alternatively, flushable liners can be used with disposable nappies which capture the solids and can be disposed of by flushing down the toilet.

 

It also remains possible for families to use traditional cloth type nappies thereby avoiding the use of disposable ones.  Around 8 million disposable nappies are thrown away every year, with most of these ending up in landfill, where it can take 100s of years for them to rot away.  This means that the current generations’ disposable nappies will still be around when their great grand children are born!  The cost to local communities through landfill charges and taxes is in the region of £70 million per annum.  The old type of terry towelling nappies are no more, replaced by easy to use cotton based nappies, and research has shown that, even allowing for the energy costs of washing etc, over time these are cheaper to use than disposables.  Details can be found at The Real Nappy Information Service (www.goreal.org.uk ).  Further details can also be found on the Essex County Council website in the waste and recycling section.

 

Taking the above into account I can see no reason to alter the current collection arrangements. The provision of a weekly residual collection during the summer would add significantly to the costs of the waste collection service at a time when we are  ...  view the full minutes text for item 50.

51.

Report of the Cabinet - Supplementary Estimates pdf icon PDF 32 KB

To consider a report – to follow after the meeting of the Cabinet on 19 July 2010.

Additional documents:

Minutes:

Mover:  Councillor Collins – Leader of the Council

 

The Leader reported on requests for supplementary estimates. 

 

In response to questions the Leader confirmed that the study to be undertaken in relation to the upgrading of the A1168 Chigwell Lane would cover a number of issues not simply signalling of the junction of Chigwell Lane with Langston Road and Oakwood Hill.  She also advised that the study would extend beyond the immediate locality and take account of other junctions where there were currently highway issues.  Account would also be taken of the need to retain and enhance pedestrian routes.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)       That a supplementary capital estimate in the sum of £62,000 for new fitness equipment at Epping Sports Centre and Ongar Leisure Centre be approved;

 

            (2)       That a supplementary capital estimate in the sum of £150,000 to purchase the freehold of the car park at the rear of the Black Lion Public House, High Street, Epping be approved;

 

            (3)       That a supplementary revenue estimate in the estimated sum of £16,587.50 (half of the total cost of £33,175 plus VAT) for the preparation of a highways modelling, traffic impact assessment and negotiating solutions by JMP Consultants Limited with Essex County Highways Authority for the upgrading of the A1168 Chigwell Lane in relation to the proposed development of Langston Road Depot as a Retail Park be approved;

 

            (4)       That a supplementary revenue estimate in the sum of £62,867.50 (half of the cost) for submitting a joint outline planning application for the redevelopment of the Langston Road Depot and the adjoining T11 site be approved, provided the negotiations with Essex Highways Authority in resolution (3) above are successful; and

 

            (5)       That the Housing Revenue Account supplementary estimate of £57,000 for 2010/11 to fund the cost of reducing the heating charges for 216 one-bedroom properties at Ninefields, Waltham Abbey be approved.

52.

Report of the Cabinet - Shared Olympic Officer Post

To consider a report – to follow after the meeting of the Cabinet on 19 July 2010, if required.

Additional documents:

Minutes:

The Chairman advised that the decisions taken by the Cabinet at its meeting on 19 July 2010 did not require reference to the full Council.

53.

Report of the Cabinet - Gypsy and Traveller Development Plan Document - Direction pdf icon PDF 34 KB

To consider a report – to follow after the meeting of the Cabinet on 19 July 2010.

Additional documents:

Minutes:

Mover: Councillor Collins – Leader of the Council

 

The Leader submitted a report advising that the Minister for Decentralisation had revoked the Direction which had required the Council to prepare a separate Gypsy and Traveller Development Plan document.

 

Members thanked the Leader, and the Chairman of the Council for work undertaken in her former role as Planning Portfolio Holder for all the work they had undertaken in order to achieve this situation.  Members also thanked Parish Councils and Residents’ Groups for the responses they had made to the consultation document.

 

In response to questions the Leader confirmed that the use of compulsory purchase powers had not been and were not envisaged in relation to providing sites for gypsies and travellers.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That all site owners, relevant Town and Parish Councils, known local Residents’ Associations and the local travelling community be informed of the decision of the Minister for Decentralisation to revoke the Direction which had required this Council to prepare a separate Gypsy and Traveller Development Plan document;

 

            (2)        That work on the Gypsy and Traveller Development Plan Document be ceased immediately;

 

            (3)        That the Council’s website be updated as soon as is practical to reflect the situation;

 

            (4)        That the Options and Issues consultation work be discontinued; and

 

            (5)        That those residents who own or live in the vicinity of affected sites be reassured that the impact of this decision is, where appropriate, to restore the identified sites to the planning status they enjoyed prior to the Direction of September 2007.

54.

Hangar 6, North Weald Airfield - Temporary Change of Use - Waiving of Call-In

Recommendation:

 

To note that the Vice-Chairman of the Council agreed that the decision of the Legal and Estates Portfolio Holder regarding variation of the lease of Hangar 6 at North Weald Airfield to permit its use for one wedding reception in accordance with conditions should be treated as a matter of urgency and should not be subject to call-in.

 

 

(Chief Executive) Sophisto UK Ltd, an event management company, was granted a licence on 12 March 2010 to hold Asian and Jewish weddings for a period of 12 months on the Northern Showground Site, North Weald Airfield. They held four events whilst their planning application was being determined but this application was subsequently refused on the grounds of disturbance to local residents and no further events were held. The company was able to re-arrange the weddings provisionally booked on the Airfield except for one wedding to be held on the evening of Friday 2 July .

 

An approach was made to the tenant of Hangar 6 to seek their consent to hold this Asian wedding for 400 guests on their hard standing area. The tenant, Weald Aviation Ltd, sought landlord’s consent under the lease on 24 June 2010.

 

Hangar 6 is a large T2 aircraft hangar let for aviation use on a ground lease expiring in 2057. It includes an extensive hard standing area for aircraft parking. Subletting is permitted with the Council’s consent. The hangar is at least 800 metres from houses adjacent to the M11 motorway.

 

The Legal and Estates Portfolio Holder agreed to the proposed temporary change of use subject to numerous conditions and having regard to the date of the event determined that any delay in implementing the decision would seriously prejudice the public interest. The Vice-Chairman of the Council agreed in all the circumstances that the matter should be treated as urgent and not subject to call-in.

 

Background Paper: Decision Notice and form signed by the Vice-Chairman of the Council.

Additional documents:

Minutes:

Members noted that the Vice-Chairman of the Council had agreed that the decision of the Legal and Estates Portfolio Holder regarding variations of the lease of Hangar 6 of North Weald Airfield to permit its use for one wedding reception in accordance with conditions should be treated as a matter of urgency and should not be subject to call-in.

55.

Representation on Outside Organisations

Recommendation:

 

To note that the Leader of the Council has appointed (a) Councillor Penny Smith, Safer and Greener Portfolio Holder, as the Council’s representative and Councillor Syd Stavrou, Operational Planning and Transport Portfolio Holder as the deputy on the Crime and Disorder Strategy Panel and (b) Councillor Brian Rolfe, Leisure and Wellbeing Portfolio Holder, as the Council’s representative on the Essex Supporting People Commissioning Body with no deputy appointed.

 

(Leader of the Council) At the Annual Council meeting on 25 May 2010, the Leader reported on appointments made to Outside Organisations carrying out Executive functions. Following the Annual meeting, Portfolio Holder responsibilities were revised in recognition of the creation of a ninth Portfolio. These revisions included responsibility for Community Safety being with the Safer and Greener Portfolio Holder and responsibility for the Supporting People initiative with the Leisure and Wellbeing Portfolio Holder. In recognition of these revisions, changes have been made to the appointments to Outside Organisations reported at the annual meeting.

Additional documents:

Minutes:

The Leader of the Council reported on appointments which she had made to Outside Organisations.

 

            RESOLVED:

 

            That the decisions of the Leader of the Council to appoint (a) Councillor Smith, Safer and Greener Portfolio Holder as the Council’s representative and Councillor Stravou, Operational Planning and Transport Portfolio Holder as the deputy on the Crime and Disorder Strategy Panel and (b) Councillor Rolfe, Leisure and Wellbeing Portfolio Holder as the Council’s representative on the Essex Supporting People Commissioning Body with no deputy appointed, be noted.

56.

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.

57.

Appointment of Acting Chief Executive and Designation of Head of Paid Service

Report to follow.

Additional documents:

Minutes:

The Chairman advised that this matter would be considered under agenda item 19 in private session.

58.

Delegated Authorities held by the Chief Executive pdf icon PDF 18 KB

Report to follow.

Additional documents:

Minutes:

Mover: Councillor Mrs D Collins - Leader of the Council

 

The Leader of the Council presented a report regarding delegated authorities following the retirement of the Chief Executive.  She advised that the recommendations in the report would be subject to the appointment of an Acting Chief Executive in private session.

 

            RESOLVED:

 

            (1)        That the schedule of Council Delegated Authorities for Council functions set out in Appendix 1 to these minutes be transferred to the Acting Chief Executive with effect from 28 July 2010;

 

            (2)        That the Acting Chief Executive be also responsible for any delegated Council functions currently listed as exercisable by the Deputy Chief Executive from 28 July 2010 pending further review of the Office of the Deputy Chief Executive; and

 

            (3)        That the list of Executive functions delegated to the Acting Chief Executive as set out in Appendix 2 to these minutes which the Leader of the Council will be asked to approve following this meeting be noted.

59.

Exclusion of Public and Press

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

19

Appointment of Acting Chief Executive and Designation of Head of Paid Service

1

 

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.

Additional documents:

Minutes:

            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 Number                                                              Paragraph Number

 

            19                                Appointment of Acting                         1         

                                                Chief Executive and

                                                Designation of Head of

                                                Paid Service

60.

Adjournment

To consider a report arising out of recommendations to be included in the report under item 16 (to follow).

Additional documents:

Minutes:

The Chairman adjourned the meeting at 9.10 p.m. and the meeting resumed at 9.15 p.m.

61.

Appointment of Acting Chief Executive and Designation of Head of Paid Service

Additional documents:

Minutes:

Mover: Councillor Collins – Leader of the Council

 

The Leader reported on proposals to appoint an Acting Chief Executive and to designate that officer as the Head of Paid Service.

 

In presenting the report the Leader of the Council thanked Councillor J M Whitehouse, Councillor Wagland and former Councillor M Cohen for the negotiations they had undertaken with the former Chief Executive. 

 

First amendment moved by Councillor J M Whitehouse and seconded by Councillor Mrs D Collins. 

 

“That recommendations (4) and (5) be added as follows:

 

(4)        That a Chief Executive Appointment Committee be established comprising seven Councillors drawn from all political groups (four Conservative, one LRA, one Liberal Democrats, one representing non-affiliated  members including at least one member of the Executive; and

 

(5)        That the Terms of Reference of the Chief Executive Appointment Committee include:

 

(a)        to consider in consultation with the Council’s Recruitment Consultants, the person specification, job description and associated matters relating to the recruitment and appointment of the Council’s Chief Executive (Head of Paid Service);

 

(b)        to consider arrangements for advertising the vacancy;

 

(c)        to consider the arrangements for interviewing, assessment and appointment to the Chief Executive position;

 

(d)        to report back to full Council on progress on 28 September 2010; and

 

(e)        to report back subsequently to full Council with a recommendation on the person to be appointed to the position of Chief Executive.”

 

 

Carried

 

Second amendment moved by Councillor Watts and seconded by Councillor Johnson

 

“That the words “and a maximum of two members” be inserted after the words “at least one member” in recommendation (4)”.

 

            Carried

 

Third amendment moved by Councillor Watson and seconded by Councillor Johnson

 

“That the following be added to the Terms of Reference of the Appointment Committee in recommendation (5)

 

(f)         to consider alternative means by which the duties of the Chief Executive may be conducted; and

 

(g)        to consider the remuneration appropriate to the role recommended by the Appointment Committee”

 

 

Carried

 

Report as amended ADOPTED

 

            RESOLVED:

 

            (1)        That Mr Derek Macnab, Deputy Chief Executive, be appointed Acting Chief Executive with effect from 28 July 2010 until 31 December 2010.

 

            (2)        That, in accordance with Section 4(1) of the Local Government and Housing Act 1989, the Acting Chief Executive be designated Head of Paid Service for the period set out in (1) above;

 

            (3)        That the post of Deputy Chief Executive be not deleted;

 

            (4)        That a Chief Executive Appointment Committee be established comprising seven Councillors drawn from all political groups (four Conservative, one LRA, one Liberal Democrats, one representing non-affiliated members) including at least one member and a maximum of two members of the Executive;

 

            (5)        That the Terms of Reference of the Chief Executive Appointment Committee include:

 

            (a)        to consider, in consultation with the Council’s Recruitment Consultants, the person specification, job description and associated matters relating to the recruitment and appointment of the Council’s Chief Executive (Head of Paid Service);

 

            (b)        to consider arrangements of advertising the vacancy;

 

            (c)        to consider the arrangements for interviewing, assessment and  ...  view the full minutes text for item 61.