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.

To approve as a correct record and sign the minutes of the meeting held on 14 December 2010 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 14 December 2010 be taken as read and signed by the Chairman as a correct record.

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

(a)       Pursuant to the Council’s Staff Code of Conduct, Mr D Macnab, Acting Chief Executive declared a personal interest in agenda item 16A (Report of the Committee for the Appointment of a Chief Executive) by virtue of reference to him in the report.  He advised that he had determined that his interest was prejudicial and that he would leave the meeting for the consideration and voting on the matter.

(a)            Apologies for Absence

(b)            Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(a)       Announcements by the Chairman of the Council

(i)         Attendance at Events

The Chairman reported on her attendance at a Musical Concert held at West Hatch School which had been a very enjoyable evening.

The Chairman also reported on the Civic Carol Service held at St Andrew’s Church, North Weald.  She thanked members and officers for attending despite the inclement weather.

Councillor Mrs Grigg advised that she had attended Mansion House together with four children who had taken part and had great fun at the Lord Mayor’s Children’s Fancy Dress Party.

The Chairman announced that nearly £1,000 had been raised for her charities at the Charity Quiz held at Theydon Bois Village Hall.  She thanked members and officers who had participated and the officers who had organised the event.

(ii)        Flowers from the meeting

The Chairman advised that the flowers from the meeting would be sent to Cunningham House, North Weald, recently acknowledged as the best Care Home in the South East Region.

(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.

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 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 attended a meeting of the West Essex Alliance together with the Deputy Leader.  There had been a discussion regarding local proposals for consideration for Local Enterprise Partnership funding and these were to be pursued by an Executive Committee to which Councillor Whitbread had been appointed.  The first meeting of the Executive Committee was to take place later this month.

Councillor Collins advised that she had also attended the first meeting of the Essex/Kent/East Sussex Local Enterprise Partnership which had been held at Dartford.  There had been 44 delegates at the meeting which had been considered too many and agreement had been reached on setting up a smaller Executive Board of 24 members.  The Executive Board would formulate bids for consideration by the main body.

The Leader reported that Robert Halfon MP for Harlow, had met with representatives of the Youth Council on 28 January 2011.

Councillor Collins reported that Improvement East had agreed to support the Council in relation to a number of issues.

The Leader reminded members of the success of the Future Jobs Fund in West Essex which had resulted in approximately 170 young people gaining employment in councils, schools, businesses etc.  She advised that 60% of the young people whom had taken part in the first phase of the scheme had obtained full time employment or had returned to full time education.  The Leader advised that in November 2011 the scheme would be discontinued and that a new Government Scheme would follow, although details of the latter were not expected until later in the year.

Councillor Collins reported on her attendance at a meeting with other Council Leaders at which there had been a discussion about future Central Government funding.  She advised that, subject to legislation, business rates would be retained by local authorities in future and this should enable the Council to increase its assistance to local businesses.  However, this would result in less grant being received from Central Government.

The Leader reported on her attendance at an Away Day at Loughton College at which the Rt Honourable Eric Pickles, Secretary of State for Communities and Local Government had spoken about the “Big Society” proposals.

The Council noted that the recently appointed Deputy Portfolio Holders were now working with Portfolio Holders in order to gain experience.

Councillor Collins advised that she would shortly be signing the Memorandum of Understanding with other West Essex authorities which had been agreed  ...  view the full minutes text for item 128.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 6 above; or

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

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

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

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

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

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

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

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

(a)        Town Centre Manager

Councillor Spencer drew attention to the decision not to renew the contract for the Town Centre Manager after July 2011 and asked what assistance would be given to local traders after that time.

Councillor Whitbread advised that the decision regarding the Town Centre Manager was the subject of a call-in to be considered by the Overview and Scrutiny Committee on 28 February 2011.  He pointed out that the post had been funded by Section 106 Agreement money which came to an end in July 2011 and that this had been a difficult decision for the Cabinet. He said he looked forward to a healthy debate at the Overview and Scrutiny meeting.

(b)       Parking Review – Buckhurst Hill

Councillor Spencer pointed out that the Epping Parking Review was due to be completed by 31 July 2011 following which work would commence on the Buckhurst Hill Review.  He asked if the Buckhurst Hill Review would start in August which was a holiday period or later.

Councillor Stavrou, Operational Planning and Transport Portfolio Holder, advised that work on the Buckhurst Hill Review would commence as soon as possible after the Epping Review.  She reported that the Epping Review was currently on target and she would keep members informed of progress.

(c)        Sports Leisure Management Contract

Councillor R Brookes drew attention to the negotiations which were nearing completion regarding a contract extension from January 2013 to January 2016.  She asked whether any major changes were being put forward especially in relation to the opening of facilities during Bank Holidays.

Councillor Rolfe, Leisure and Wellbeing Portfolio Holder, advised that he was not yet in a position to provide details of the negotiations and that he would make these available to members as soon as possible.

(d)       Safeguarding of Children

Councillor Boyce stated that he had recently attended a seminar on Safeguarding of Children with Councillor Wixley and 25 Council junior staff who came into contact with families and might need to liaise with Essex County Council Social Services on child protection concerns.  He said that he had been impressed about the way in which the staff addressed this issue and drew attention to apparent difficulties they faced in getting satisfactory answers from Social Services when cases were referred.  He asked the Portfolio Holder for Legal and Estates and the Council’s representative on the West Essex Area Children’s Trust Board what could be done to support front line officers to ensure that Social Services acted on such referrals promptly.

Councillor Wagland, Portfolio Holder for Legal and Estates and the Council’s representative on the West Essex Area Children’s Trust Board, stated that she shared the concerns expressed by Councillor Boyce.  She acknowledged that child protection was a particularly difficult area and drew attention to recent unsatisfactory Ofsted reports which had been made in relation to Essex Social Services.  She emphasised the need for the County Council to adopt an outcomes process rather than a procedural approach and repeated concerns which she had made  ...  view the full minutes text for item 129.

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.

There were no questions by Members of the Council under notice in respect of this item.

To consider the attached report.

Mover:  Councillor Whitbread – Finance and Economic Development Portfolio Holder

The Portfolio Holder reported on the Capital Strategy 2010-2015.

Councillor Whitbread advised that a good Capital Strategy enabled the Council to make sound strategic decisions in relation to the use of capital resources and formed an important part of the Council’s Performance Management and Financial Planning frameworks.

Report as first moved ADOPTED

            RESOLVED:

            That the Capital Strategy 2010-2015 be approved.

To consider the attached report.

Mover: Councillor Whitbread – Finance and Economic Development Portfolio Holder

The Portfolio Holder submitted a report regarding budgets and Council Tax declaration for 2011/12.

Councillor Whitbread reported that good financial planning in the past had placed this Council in a better position than many others to meet the savings required for 2011/12.  As a result it had not been necessary to make major changes to service provision for the forthcoming financial year and no increase was proposed for the District Council Tax.  He cautioned however, that greater challenges would need to be met in future years.

The Portfolio Holder reported on the process for preparing the budget which had involved all members through Overview and Scrutiny, the Finance and Performance Management Cabinet Committee and the Cabinet.

Councillor Whitbread advised of the need to save some £1.3m in 2012/13 and pointed out that it would be extremely difficult to maintain the Council’s current service levels and members should accept that a degree of change was inevitable.

The Portfolio Holder expressed his thanks to fellow Portfolio Holders and officers for their input into the proposals before the Council.

Report as first moved ADOPTED

            RESOLVED:

(1)         That the list of CSB growth and savings for the 2011/12 budget (set out in Annex 1) be approved;

(2)     That the list of District Development Fund items for the 2011/12 budget (set out in Annex 2) be approved;

(3)     That the revenue estimates for 2011/12 and the draft Capital Programme for 2011/12 be approved as set out in Annexes 3, 4 (a-i) and 5 including all contributions to and from reserves as set out in the attached Annexes;

(4)     That the medium term financial forecast be approved as set out in Annexes 8 a and 8 b;

(5)     That the 2011/12 HRA budget be approved and that the application of rent increases and decreases in accordance with the Government’s rent reforms and the Council’s approved rent strategy, resulting in an average increase of 7.2% from £76.66 to £82.19, be approved.

Declaration of Council Tax

(6)     That it be noted that on 9 November 2010, the Finance and Economic Development Portfolio Holder in consultation with the Chairman of the Overview and Scrutiny Committee calculated the following amounts for the year 2011/12 in accordance with regulations made under Section 33(5) and 34(4) of the Local Government Finance Act 1992:

(a)       54,609.2 being the amount calculated by the Council in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 as the Council Tax Base for the year;

(b)       Part of the Council's Area                                                           Tax Base No.

Essex County Council (General Expenses)                                                 54,609.2

Essex Police Authority                                                                                    54,609.2

Essex Fire Authority                                                                                        54,609.2

Epping Forest District Council (General Expenses)                                   54,609.2

Abbess, Beauchamp & Berners Roding                                                            199.7

Buckhurst Hill                                                                                                      5,301.8

Chigwell                                                                                                              5,983.1

Epping Town                                                                                                      5,110.8

Epping Upland                                                                                                         414.9

Fyfield                                                                                                                     410.4

High Ongar                                                                                                            575.0

Lambourne                                                                                                            936.6

Loughton Town                                                                                                13,038.3

Matching                                                                                                                333.9

Moreton, Bobbingworth and The Lavers                                                            669.1

Nazeing                                                                                                               2,108.1

North Weald Bassett                                                                                         2,569.2

Ongar                                                                                                                  2,767.9

Roydon  ...  view the full minutes text for item 133.

To consider the attached report.

Mover: Councillor Bassett – Performance Management Portfolio Holder

The Portfolio Holder reported that the Corporate Plan (formerly known as the Council Plan) was the Council’s key strategic planning document, setting out service delivery priorities, with strategic themes reflecting those of the Sustainable Community Strategy for the District.  He advised that the Corporate Plan translated the vision for the District set out by the Community Strategy into the Council’s strategic direction, priorities and the most important outcomes that it wanted to achieve, and informed all other plans and helped to prioritise resources to provide quality services and value for money.  Councillor Bassett reported that the draft document had been subject to wide consultation which was continuing with residents and partners during February and March 2011.

Amendment moved by Councillor Stallan and seconded by Councillor Rolfe.

“That the word “temporary” be inserted before references to the new depot at North Weald Airfield in Key Objective (1)”

Carried

Report as amended ADOPTED

            RESOLVED:

(1)        That, subject to:

(a)        the outcome of appropriate resident and partner consultation during February and March 2011;  and

(b)        insertion of the word “temporary” before references to a new depot at North Weald Airfield in Key Objective (1);

the Council’s Corporate Plan for the period 2011/12 to 2014/15 be approved;  and

(2)        That in order to publish the Corporate Plan by 1 April 2011, the Performance Management Portfolio Holder be authorised to approve any significant amendments to the Plan arising from on-going resident and partner consultation.

To consider the attached report.

Mover:  Councillor Collins – Leader of the Council

The Leader of the Council submitted a report proposing a calendar of meetings for the period May 2011 – May 2012.

Report as first moved ADOPTED

            RESOLVED:

That the calendar of meetings for the period May 2011 to May 2012 attached as an Appendix to the report be adopted.

(Councillor Morgan – Chairman of the Committee) To consider the attached report.

Mover: Councillor Morgan - Chairman of the Committee

Councillor Morgan reported that the Constitution and Members’ Services Scrutiny Panel had considered a proposal to allow electronic or e-invoicing as part of the annual review of Financial Regulations.  The meeting noted that a pilot scheme had been undertaken with a number of ICT providers which allow the submission of electronic invoices to a secure e-mail account held by the Council.  Councillor Morgan advised that Internal Audit had given its support to the proposed security and restrictions placed on access to this account.  The meeting noted that to enable the Council to introduce the system on a permanent basis an amendment was required to Financial Regulation 3.24.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the following amendment be made to Paragraph 3.24 of Appendix E to the Council’s Financial Regulations:

“3.24 To ensure that payments are not made on a faxed invoice, statement or other document other than a formal invoice.  Formal invoices may include e?invoices received in PDF format via the dedicated e-mail address provided by the Chief Finance Officer in the Finance and ICT Directorate”;

(2)        That the internal controls which will be put in place to regulate the receipt and processing of e-invoices be noted;  and

(3)        That the decision not to bring forward any other proposals in relation to Financial Regulations as part of the 2010/11 review be noted.

(Councillor Morgan – Chairman of the Committee) To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan reported that Executive Procedure Rule 1.6 currently stated that the Cabinet should complete its business by 10.00 p.m. and hold a minimum of 12 meetings each year.  He advised that the Constitution of Members’ Services Scrutiny Panel having been requested by the Cabinet to examine the “guillotine” procedure had recommended that it should be removed from the Constitution so as to enable the Cabinet to complete all the items of business on an agenda in one meeting.  The Panel had also recommended removal of the requirement to hold a minimum of 12 Cabinet meetings per year as over time the number of Cabinet meetings had been reduced to the current eight per year.

Report as first moved ADOPTED

            RESOLVED:

That the following amendments to Executive Procedure Rule 1.6 be approved:

(a)        deletion of the requirement to complete all business at a Cabinet meeting by 10.00 p.m.;  and

(b)        deletion of the requirement to hold a minimum of 12 Cabinet meetings a year.

To consider the attached report.

Mover:  Councillor A Lion – Vice-Chairman of the Committee

Councillor Lion reported that the District Council had received a number of applications from members of the public requesting it to make road closure orders to allow street parties to be held to celebrate the Royal Wedding.  Enquiries had been made at Essex County Council and officers had been informed that the County Council would be making a policy decision as to how the applications would be administered.  Councillor Lion advised that the Communities and Local Government website contained a guide to holding a street party which provided a simple form for a street closure and stated that completed forms should be submitted to the District Council.  There was an expectation, therefore, that District Councils would process these applications and the District Council needed to have a process in place in the event that the County Council directed applicants to the District Council.

Councillor J H Whitehouse requested that all members be informed of the process for making an application.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the following delegated authorities be granted to agree road closures for events to be held to celebrate the Royal Wedding:

(a)        to officers where all information/consultation is undertaken by the applicant(s) and the responses are satisfactory and no objections have been received;  or

(b)        to the Licensing Sub-Committee in all other cases;

(2)        That no fee be charged in connection with such road closures except to cover any necessary expenses;  and

(3)        That all Members of the Council be informed of the process for making an application via the Council Bulletin.

To consider the attached report.

Mover:  Councillor Collins – Chairman of the Committee

Councillor Collins submitted a report on the work being undertaken by the Committee on behalf of the Council in connection with the vacant position of Chief Executive.  Councillor Collins reported that although the Committee had acknowledged some advantages, in principle, of the shared Chief Executive idea they had also identified some negative points, not least the need for this Council to make its own case on matters affecting the District.

Amendment moved by Councillor J M Whitehouse and seconded by Councillor Jacobs

“That the words “at this time” be inserted after the words “not pursued” in recommendation (1)”.

Carried

Report as ADOPTED

            RESOLVED:

(1)        The option of a shared Chief Executive with other neighbouring Councils be not pursued at this time;  and

(2)        That the other discussions by the Committee on the Chief Executive post be noted.

(Deputy Monitoring Officer) To consider the attached report.

The Council considered a report of the Deputy Monitoring Officer on the implications of one councillor not having signed the statutory notice regarding membership of the Conservative Group.  The Council noted that the effect on pro rata arrangements was marginal, only affecting the allocation of representatives and deputies on outside organisations.

            RESOLVED:

That a review of pro rata arrangements in relation to the membership of Council Committees, Chairmanship, Vice-Chairmanship and Representatives on Outside Organisations be not undertaken at the present time.

Recommendation:

That the decision of the Leader of the Council to appoint eight Deputy Portfolio Holders and one member to shadow the Audit and Governance Committee for the remainder of the current municipal year be noted.

(Leader of the Council) At the meeting held on the 2 November 2010 (minute 90), the Council resolved to amend the Constitution to permit the Leader to appoint up to ten Deputy Portfolio Holders.

The attached appendix sets out the appointments made by the Leader following consultation with the Conservative Group. These appointments will be for the remainder of the Council year 2010/11.

The Leader has also decided that as Councillor Green, current Chairman of the Audit and Governance Committee, will not be seeking re-election in May 2010, a member of the Conservative Group be appointed to shadow the work on that Committee of Councillor Green and Councillor Watts, the current members.

The Council noted the decision of the Leader of the Council to appoint eight Deputy Portfolio Holders and one member to shadow the Audit and Governance Committee Chairman for the remainder of the current municipal year.

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

The Council received a written report from Councillor Wagland, the Council’s representative on the West Essex Children’s Trust Board.

The report outlined a review of the West Essex Children’s Trust Board in terms of its role and effectiveness, and its renaming to West Essex Children’s Commissioning and Delivery Board.  Councillor Wagland advised that if the proposals were agreed at the next meeting of the West Essex Children’s Commissioning and Delivery Board on 14 April 2011, the reduction in membership of the Board should ensure a clearer focus on the work of the District Children’s Partnerships and should provide a better opportunity to influence decisions on the Commissioning of Children’s Services in Essex.

The Leader of the Council thanked Councillor Wagland and Julie Chandler, Assistant Director, Office of the Deputy Chief Executive, for their work in relation to Children’s Services.