Agenda and minutes

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

2.         The Chief Executive will read the following announcement:

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

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

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

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.

The Chairman welcomed Mr Jason Guth, Independent Member and Vice-Chairman of the Standards Committee to the meeting.  The Chairman advised members that Mr Guth was attending to present the Annual Report of the Standards Committee.

To approve as a correct record and sign the minutes of the meeting held on 28 September 2010 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 28 September 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.

There were no declarations of interest by members of the Council under this item.

(a)       Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)     Quality Parish Status –Accreditation – Epping Upland and North Weald Bassett Parish Councils

Epping Upland have met all the relevant criteria to be reaccredited for quality parish status. North Weald Bassett Parish Council have met all the relevant criteria to be accredited for quality parish status.

Canon John Brown, Chairman of the Essex County Accreditation Panel will say a few words on quality status and together with the Chairman of the Council will make presentations to: (a) Councillor Ann Pegrum, Vice-Chairman of Epping Upland Parish Council or Councillor Penny Smith, Chairman of Epping Upland Parish Council and Mrs Val Evans the Clerk of Epping Upland Parish Council; and (b) Councillor Cyril Hawkins, Chairman or Councillor Brian Eldridge, Vice-Chairman of North Weald Bassett Parish Council and Mrs Sue De Luca, Clerk of the North Weald Bassett Parish Council.

(d)       Customer Service Excellence Award – Housing Directorate

Following a detailed written submission and a rigorous assessment process undertaken by an external assessor, the whole of the Housing Directorate has been awarded the Government Standard for Customer Service Excellence in the public sector. 

Customer Service Excellence replaces the former Charter Mark Award, which has been held by the Housing Directorate for the past six years.

To obtain the Customer Service Excellence Award, organisations must meet 57 separate assessment criteria.  They must demonstrate that they: engage and consult with their customers; measure customer satisfaction with the service; provide information and easy access to services; co-operate with other providers, partners and communities; have service delivery standards; deal effectively with problems; achieve timely service delivery, and have a positive organisational culture.

The Chairman of the Council will present the Customer Service Excellence Award to Councillor David Stallan, Housing Portfolio Holder and Alan Hall, Director of Housing.

(a)       Announcements by the Chairman of the Council

(i)         Attendance at Events

The Chairman reported on her attendance at the Commemoration of the bombing of Spriggs Oak, Epping in 1940 when eight women had been killed.

The Chairman also reported on her attendance together with other Councillors at a speed meeting event with Youth Councillors.

Councillor Mrs Grigg advised that she had attended the unveiling and dedication of the Battle of Britain Memorial Wall at North Weald Airfield.

(ii)        Flowers from the Meeting

The Chairman advised that the flowers from the meeting would be sent to St Clare Hospice.

(b)       Announcements by the Leader of the 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.

(d)       Quality Parish Status – Accreditation – Epping Upland and North Weald Bassett Parish Councils

The Chairman introduced Canon John Brown, the Chairman of the Essex County Accreditation Panel and invited him to say a few words on Quality Parish Status prior to making presentations to representatives of Epping Upland and North Weald Bassett Parish Councils.

Canon Brown reported that there were currently 695 quality Parish Councils nationally of which 223 had been re-accredited.  43 Parish/Town Councils in Essex had been awarded quality status and 22 had been re-accredited for the latest standard.  The meeting noted that there were currently seven quality Parish Councils in the Epping Forest District.

Canon Brown suggested that both North Weald Bassett and Epping Upland Parish Councils were well placed to deliver the power of wellbeing, a role already being undertaken by 10 local Councils in Essex.

Canon Brown congratulated North Weald Bassett Parish Council for meeting the criteria for accreditation.  He advised that the relocation of the Parish Office to the Library had made the Parish Council more accessible and had increased community involvement.  He pointed out that the Parish had 4,681 electors and the Parish Council maintained 11 notice boards and managed three halls.  He praised the Parish Council for the clear way in which members’ interests were recorded, their monthly newsletter and other publications, the rota for Councillors’ Saturday surgeries, their Citizen of the Year Award, the delivery of their annual report to all households in the Parish, the Annual Remembrance Service at the Norwegian Memorial, the funding of local organisations, the management of allotments and a cemetery and for participating in the Essex Apprenticeship Scheme.

Canon Brown congratulated Epping Upland Parish Council for achieving the standard for re-accreditation.  He praised the Parish Council for their newsletter which set out clearly the responsibilities of all Parish Councillors, for individual Councillor input into the magazine “the Uplander”, for the clear and well presented annual report, special leaflets in relation to housing development, new Councillor induction arrangements, the high level of attendance of Councillors at meetings, the management of allotments, the provision of a Millennium Wildlife Garden, the maintenance of the village green and involvement in the Gypsy and Traveller consultation  ...  view the full minutes text for item 81.

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

(a)           to the Leader of the Council;

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

(c)          to any Portfolio Holder.

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

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

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their area of responsibility:

(a)         Report of the Leader;

(b)         Report of the Chairman of the Overview and Scrutiny Committee;

(c)         Report of 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;

(j)      Report of the Safer and Greener Portfolio Holder.

The Council received written reports from the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Legal and Estates Portfolio Holder, the Operational Planning and Transport Portfolio Holder, and the Performance Management Portfolio Holder.

The Chairman invited the Leader, the Chairman of the Overview and Scrutiny Committee and the Leisure and Wellbeing Portfolio Holder to provide oral reports and other members of the Cabinet to give an oral update of their records.

(a)        Leader of the Council

The Leader reported on her attendance together with the Vice-Chairman of the Council at the Homestart Annual General meeting.  She drew attention to the work of Homestart, the majority of which was undertaken by volunteers.

Councillor Collins reported that she had also attended the speed meeting event for Council members and Youth Councillors and had been impressed with the input of the young persons.

The Leader advised that together with the Deputy Leader she had met the Leader and Deputy Leader of the County Council.  A number of matters had been discussed including the establishment of a Local Enterprise Partnership covering Essex, Kent and East Sussex.  She reported that being such a large area a considerable amount of central funding was expected but it was unclear how much of that funding would be directed to West Essex.  Councillor Collins advised that the subsequent Government announcement of accepted Local Enterprise Partnership had surprised her as some covered only a County area and in Essex it had been pointed out that such a restricted area would be unlikely to be accepted.

The Leader advised that the meeting with the Leader and Deputy Leader of Essex County Council had also discussed the Comprehensive Spending Review.  She pointed out that the full impact on the County of Essex and this District would not be known until the announcement of grants in December.  However, the Government had indicated that in recognition of local authorities not increasing the Council Tax, central funding would be made available to meet the difference between no increase and 2½%.  The Leader also advised that Central Government funding for Homelessness would now be made to Districts and not to the County Council as had previously been announced.

The Leader advised that the meeting with the Leader and Deputy Leader of the County Council had also discussed the outstanding parking reviews in this District and in particular the difficulties regarding the advertising costs.  The District Council views had been noted and it now appeared that the District Council be allowed to continue with its enforcement contract operated by Vinci until it expired.  Councillor Collins advised that this discussion had led to the County Council agreeing to consider the possibility of outsourcing the new Enforcement Contract at the appropriate time.

Discussions with the Leader and Deputy Leader of the County Council had also included the plans for St John’s School and the Epping Design Brief.  The County Council had agreed to provide further details of  ...  view the full minutes text for item 83.

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.

(a)        Parking Reviews

Councillor J M Whitehouse stated that he was pleased to hear there would be robust project management in relation to the reviews but questioned whether amendments to be made to proposals by the County Council and/or the District Council would be made before or after the fresh consultation exercise.

Councillor Stavrou stated that she was not sure at present of the order in which these matters would be undertaken.  She emphasised that there would be a need for further consultation and that existing comments would also be taken into account.

(b)       Enterprise Week

Councillor Mrs J H Whitehouse referred to the reference in the report of the Finance and Economic Development Portfolio Holder to activities being planned to celebrate Enterprise Week in mid November and asked for further details.  She also asked what progress was being made in relation to the loyalty card initiative for the District’s Town Centres.

Councillor Whitbread advised that a number of events were being planned for Enterprise Week in conjunction with Harlow and Uttlesford Councils.  He agreed to provide members with a full list in due course.  In relation to the loyalty card initiative he advised that this was to be launched later in the month and was aimed in encouraging people to spend in the Epping Forest District rather than further afield.  He praised the work undertaken by Cathy MacBride, Town Centres Officer, in relation to this scheme.  Councillor Whitbread said that he would report further on this matter at the next Council meeting.

(c)        Backlog of Assessments for Disabled Adaptations by County Occupational Therapy Service

Councillor P Brooks asked the Housing Portfolio Holder for an update on the restructuring of the County’s Occupational Therapy Service which was likely to lead to a reduced number of Occupational Therapists and backlogs of assessments for disabled adaptations.

Councillor Stallan, Housing Portfolio Holder stated that the proposals of the County Council could result in a decision to not undertake any assessments for disabled adaptations on behalf of District Councils.  If such a decision was made it would be necessary for all the District Councils in the County to make alternative arrangements funded from their own resources.  He stated that he would keep members informed of progress with this important and sensitive area.

(d)       Local Enterprise Partnership

Councillor Pond questioned the authority for agreeing to be part of a Local Enterprise Partnership comprising Essex, Kent and East Sussex.

Councillor Collins, Leader of the Council stated that approximately one month ago the County Council encouraged by a local Member of Parliament had formulated proposals for a Local Enterprise Partnership with Kent.  This proposal had been put forward as it had been suggested a Partnership based on only a county boundary would be unlikely to be accepted by Central Government.  She advised that District Councils had been given very little notice to respond to this proposal and she had agreed that it should be pursued but nothing had been signed to that effect.  At  ...  view the full minutes text for item 84.

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.

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

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)               to the Chairman of the Council;

(b)               to the Leader of the Council;

(c)               to the Chairman of the Overview and Scrutiny Committee or

(d)               to any Member of the Cabinet;.

Council Procedure rule 10.4 provides that answers to questions under notice may take the form of:

(a)       direct oral answer;

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

(c)       where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

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

(a)        Vere Road and Burton Road Car Parks, Loughton

By Councillor Pond to Councillor Stavrou, Operational Planning and Transport Portfolio Holder

“How much was received by the Council from parking charges at the Vere Road and Burton Road Car Parks, Loughton, in each financial year from 2007-08 to date?”

Response of Councillor Stavrou, Operational Planning and Transport Portfolio Holder

Pay and display and penalty charge income from the Burton Road and Vere Road car parks is as follows:

Penalty charge notice income is:

Notes:

(1)        Pay and Display machines not installed in Burton Road until January 2008 hence the low income for 2007/08

(2)        In 2007/08 Vere Road was designated as Business and Resident permits only, therefore no Pay and Display income generated

(3)        In 2008/09 Vere Road re-designated as short stay with Pay and Display meters.

(b)       External Consultants and Agency Staff

By Councillor J M Whitehouse to Councillor Whitbread, Finance and Economic Development Portfolio Holder

“How much did the Council spend on external consultants and agency staff in:

(a)        2007/08;

(b)        2008/09;  and

(c)        2009/10?”

Councillor Whitehouse stated that he would be happy to receive totals at this meeting subject to the Portfolio Holder publishing full details in the Council Bulletin and in the minutes of this meeting.

Response of Councillor Whitbread, Finance and Economic Development Portfolio Holder

Councillor Whitbread advised that the total expenditure in relation to consultants over the three year period had been £1,267,889.  In relation to agency staff the figure had been £2,028,477.  He continued that total expenditure of both consultants and agency staff was therefore £3,296,366.

The full response of Councillor Whitbread was as follows:

Supplementary question from Councillor J M Whitehouse to Councillor Whitbread

What assessment is undertaken to ensure that best value is achieved in relation to the engagement of agency staff?

Councillor Whitbread undertook to respond to Councillor Whitehouse in writing and to publish his response to this supplementary question in the Council Bulletin.

To consider the attached reports:

(a)   Report of the Cabinet; and

(b)   Report of Joint Housing and Finance and Performance Management Scrutiny Panel.

Mover:  Councillor Whitbread – Finance and Economic Development Portfolio Holder

Councillor Whitbread reported on proposals for transferring non-housing assets from the Housing Revenue Account to the General Fund.

Councillor Morgan who had chaired a joint Housing and Finance and Performance Management Scrutiny Panel which had considered this matter reported on the views of that meeting.  He advised that due to the unprecedented financial situation in which the country found itself and the likely impact of the comprehensive spending review on the Council’s resources, the transfer of the non-housing assets to the General Fund had been recommended for approval, enabling all residents of the District to benefit.

Report as first moved ADOPTED

            RESOLVED:

That the non-housing assets listed in Appendix 1 to these minutes be transferred to the General Fund.

The Chairman sought leave of the Council to bring forward Item 18 (Standards Committee – Annual Report 2009/10).

            RESOLVED:

That the order of business be amended and that Item 18 be taken as the next item of business.

To consider the attached report.

The report will be presented by Mr Jason Guth, Vice Chairman of the Standards Committee as the Chairman (Mr Richard Crone) is unable to attend this evening’s meeting.

Mover:  Mr Jason Guth, Independent Member and Vice-Chairman of the Standards Committee

Mr Guth current Vice-Chairman of the Committee presented the report on behalf of the former Chairman of the Committee.

Report as first moved ADOPTED

            RESOLVED:

            That the Annual Report of the Standards Committee be noted.

To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan reported on proposals for introducing Deputies to Portfolio Holders.

First Amendment moved by Councillor McEwen and seconded by Councillor Philip

“That the words “between 3 and 10 Deputy Portfolio Holders” be deleted from Appendix 2 and the words “up to 10 Deputy Portfolio Holders” substituted.

Carried

Second Amendment moved by Councillor J M Whitehouse and seconded by Councillor Brooks

“That Recommendation (4) be deleted and replaced with “That Special Responsibility Allowance be not applied to Deputy Cabinet Member positions””.

Lost

Report as amended ADOPTED

            RESOLVED:

            (1)        That positions of Deputy Portfolio Holders be introduced and included in the Council’s Constitution;

            (2)        That the proposed amendments to Article 6 of the Constitution and the Executive Procedure Rules as shown in Appendix 2 to these minutes be approved;

            (3)        That the Member Role Statement for Deputy Portfolio Holders set out in Appendix 3 to these minutes be approved;  and

            (4)        That the application of Special Responsibility Allowance to Deputy Cabinet member positions be deferred until 2011/12 to allow more time for these new positions to be assessed in their initial period of operation.

To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan presented a report on proposals for regulating arrangements for members of the public or other organisations to address meetings of the Cabinet and the Overview and Scrutiny Committee.

Amendment moved by Councillor Judd and seconded by Councillor Breare-Hall

“That the following changes be made to Appendices 1 and 2 in order to provide greater flexibility in managing requests by the public to address Cabinet and the Overview and Scrutiny Committee meetings:

(a)        delete sub-paragraph (vii) in both Appendices.

(b)        amend sub-paragraph (x) (to be renumbered (ix) of Appendix 1 to read as follows:

“the Leader of the Council shall have discretion as to whether to limit the number of persons wishing to address the Cabinet if it is considered that the number of such speakers will unduly delay the proper despatch of business at any meeting;

(c)        amend sub-paragraph (x) (to be renumbered (ix) of Appendix 2 to read as follows:

“the Chairman of the Overview and Scrutiny Committee shall have discretion as to whether to limit the number of persons wishing to address the Committee if it is considered that the number of such speakers will unduly delay the proper despatch of business at any meeting”.

Carried

Report as amended ADOPTED

            RESOLVED:

(1)        That provision be made in the Executive Procedure Rules in the Constitution to regulate arrangements for members of the public or other organisations to address Cabinet meetings on agenda business;

(2)        That the proposed additional clause in the Executive Procedure Rules set out in Appendix 4 to these minutes be approved;

(3)        That these arrangements be reviewed in 12 months time;  and

(4)        That similar provision be made in the Overview and Scrutiny Procedure Rules as set out in Appendix 5 to these minutes in order to provide similar arrangements to operate at Overview and Scrutiny Committee meetings.

To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan reported on proposals to regularise the arrangements for the cancellation of meetings due to extreme weather conditions.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the Constitution be amended to provide procedures for the cancellation of meetings;  and

(2)        That the proposed amendment to the Council Procedure Rules as set out in Appendix 6 to these minutes be approved.

To consider the attached report.

Mover:  Councillor Brooks – Chairman of the Committee

Councillor Brooks submitted a report on a review of the Council’s Licensing Policy.

Pursuant to the Council’s Code of Member Conduct, Councillor Murray declared a personal interest in this item by virtue of being a member of the Methodist Church.  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.

Councillor Murray questioned why the Methodist Church had not been consulted on the proposals.  He was advised that the request for inclusion of the Church as a consultee had been received after the consultation period but that the Church would be included in future consultations.

Report as first moved ADOPTED

            RESOLVED:

That the Statement of Licensing Policy attached to the report of the Committee be adopted.

To consider the attached report.

Mover:  Councillor Brooks – Chairman of the Committee

Councillor Brooks reported that the Policing and Crime Act 2009 had amended Section 3 of the Local Government (Miscellaneous Provisions) Act 1982 to allow the licensing of sexual entertainment venues, where relevant entertainment was provided before a live audience for the financial gain of the entertainer or organiser.  She submitted proposals for delegation of the functions and on licensed fees.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the amendment to the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 made by Section 27 of the Policing and Crime Act 2009 to licence sexual entertainment venues from 14 December 2010 be adopted;

(2)        That the delegations to the Committee, Sub-Committee and Officers be as set out in Appendix 7 attached to these minutes and appropriate amendments be made to the Council’s Constitution;  and

(3)        That the fees in respect of the issue of a Sexual Entertainment Venue licence be £3,000 and £1,500 on renewal.

To consider the attached report.

Mover:  Councillor Brooks – Chairman of the Committee

Councillor Brooks submitted a report on the provisions of the Highways Act 1980 which allowed applications to be made to local authorities for permission to place tables, chairs, portable advertising boards and similar objects on pavements which were adopted as highways.

First amendment moved by Councillor Jacobs and seconded by Councillor J M Whitehouse

“ (1) That the following words be deleted from recommendation (3): “a fee of £250 per annum be charged for a consent to five or more tables and associated chairs” ; and replaced with:

 “a fee be charged for a consent to tables and associated chairs at a rate of £50 per table” ; and

(2)   That the figure “£150” be replaced with the figure of “£30”.

Following debate and by leave of the Council, Councillor Jacobs withdrew his amendment.

Second Amendment moved by Councillor Whitbread and seconded by Councillor Stallan

“That the report of the Licensing Committee be referred back to that Committee for further consideration”.

Carried

            RESOLVED:

That the report of the Licensing Committee be referred back to that Committee for further consideration.

To consider the attached report.

Mover:  Councillor Brooks - Chairman of the Committee

Councillor Brooks submitted a report regarding the provisions of the Town Police Clauses Act 1847 to make temporary road closures for street parties, fetes, processions etc.  She advised that the proposals before the Council had been formulated having regard to recent guidance from the Secretary of State for Communities and Local Government suggesting it should be made easier for communities to apply for the temporary closure of a highway to enable street parties and fetes to be held.

Amendment moved by Councillor J H Whitehouse and seconded by Councillor Whitbread

“That the report be referred back to the Licensing Committee for further consideration and at that time officers present a more detailed explanation of the process, costs of the County Council and fees”.

Carried

            RESOLVED:

That the report be referred back to the Licensing Committee for further consideration and at that time officers present a more detailed explanation of the process, costs of the County Council and fees.

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

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