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 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 27 September 2011 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 27 September 2011 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)               The Alan Ball Local History Award

The Council is the joint winner for 2010 of the Alan Ball Local History Award for the best work of local history produced under the auspices of a local authority. The award is made by the Library Services Trust, part of the Chartered Institute of Library and Information Professionals.

The award is for The Life and Art of Octavius Dixie Deacon, a 52 page colour book by Chris Pond and Richard Morris. The Epping Forest District Museum purchased a number of sketchbooks by Deacon, an artist and publisher, who lived in Loughton from the 1870s until 1916. A joint project was agreed, whereby the Museum would digitise the sketches and paintings, make them available free to the Loughton and District Historical Society, who undertook to research Deacon’s life and work, and write a comprehensive introduction, and publish them in book form, at its own expense and at cost price.

The Chairman will invite Michael Saich from the Awarding Committee to say a few words about the award and invite him to make the formal presentation of the award to Councillor Ricki Gadsby, Leisure and Wellbeing Portfolio Holder, Tony O’Connor, the Council’s Museum Officer, and Chris Pond and Richard Morris from the Loughton and District Historical Society.

(a)       Announcements by the Chairman of the Council

(i)         Attendance at Events

The Chairman reported on his attendance at an information afternoon held at the recently extended Careline Centre at Parsonage Court, Rectory Lane, Loughton.  He advised that the afternoon had celebrated the first anniversary since the completion of the extension and had presented an opportunity to bring members up to date with the range of services offered by Careline.  He referred to the dedicated staff at the Centre.

The Chairman advised that on 1 October 2011 he had attended the Special Constabulary Muster Parade which recognised Special Constables who had done outstanding work within the community along with the officers that had recently been promoted.  He reported that Special Constables volunteered their time for a minimum of 16 hours every four weeks and that the majority undertook this work in addition to a normal full day’s work.

The Chairman reported that he had enjoyed the King Harold Day held at Waltham Abbey on 8 October 2011.  He advised that the event had been informative and had been well attended by the public.

The Chairman referred to his attendance at the Council’s Celebrating Success event at which presentations had been made to District Council staff who had achieved professional qualifications in a variety of work-related areas during the past 12 months.

The Chairman said that he had enjoyed the New Horizons Bowls Gala Day and he thanked officers in Community and Cultural Services for organising the event.

The Chairman stated that on 6 October 2011 Councillors and staff had participated in a white water rafting event held in aid of his charity.  He advised that a DVD had been made of the event which was shown to the Council.

(ii)        Floral Display

The Chairman announced that he intended to send the flowers from tonight’s meeting to Pelly Court, Hemnall Street, Epping.

(b)       Announcements by the Leader of Council

The Leader advised that she had no announcements to make under this heading.

(c)       Announcements by Portfolio Holders

(i)         Leisure and Wellbeing Portfolio Holder

Councillor Gadsby, Leisure and Wellbeing Portfolio Holder, reported that in the early hours of 30 October 2011 the Epping Forest District Museum had been broken into.  A number of display cases had been damaged and a number of items had been stolen.  Some of the items had subsequently been recovered by the Police but others were still missing.  Councillor Gadsby reported that the Museum had been closed on Monday and Tuesday of this week so that the damage could be repaired.  She said that the Police were continuing to investigate the theft and that she could not give any further details at this stage.  She stated that on completion of the investigation decisions would be made on whether there was a need for further improved security.

(d)       The Alan Ball Local History Award

The Chairman announced that the Council had been the joint winner for 2010 of the Alan Ball Local History Award  ...  view the full minutes text for item 79.

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.

At this stage in the proceedings the fire alarm sounded.  The meeting was adjourned and the Council Chamber vacated.

On returning to the Chamber the Chairman thanked members for taking part in what had been a fire drill.  He reminded members that normally they would have been required to assemble at the War Memorial but that as it had been a test a concession had been made requiring them to vacate to the corner of Homefield Close only.

Councillor Markham drew attention to the fact that the doors at the top of the staircases had not opened automatically and had required members to use their swipe cards in order to access the stairs.  The Acting Chief Executive thanked Councillor Markham for drawing this to his attention and undertook to get officers to resolve this fault in the system.

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 and Legal Portfolio Holder;

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

(c)         Report of the Environment Portfolio Holder;

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

(e)        Report of the Housing Portfolio Holder;

(f)          Report of the Leisure and Wellbeing Portfolio Holder;

(g)     Report of the Planning and Technology Portfolio Holder;

(h)     Report of the Safer, Greener and Highways Portfolio Holder;

(i)      Report of the Support Services 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 Leisure and Wellbeing Portfolio Holder, the Planning and Technology Portfolio Holder, the Safer, Greener and Highways Portfolio Holder and the Support Services Portfolio Holder.  The Council also received a supplementary written report from the Planning and Technology Portfolio Holder.

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

(a)        Leader and Legal Portfolio Holder

Councillor Wagland reported that she had recently attended a meeting of the South East Local Enterprise Partnership covering Essex, Kent and East Sussex.  The Leader advised that this Council now had a key role on a broadband sub group of the Partnership and this role would be filled by Councillor Philip, Deputy Leader of the Council.  Councillor Wagland reported that John Spence, formerly Chairman of the West Essex Alliance, had been appointed Chairman of the Partnership.  She suggested that this would benefit the Council as he understood the issues relating to this District.  She advised that John Spence was on record as saying that he wished to be part of a Local Enterprise Partnership which added value, only centralised if this was more effective and efficient  than a local solution and aimed to become the most enterprising economy in England.  Councillor Wagland reported that it had been made clear the Local Enterprise Partnership would be focussed on actions and not a talking shop.  She advised that the first priority which had been identified related to transport projects which would either benefit the region as a whole or would be of local importance in order to secure economic progress.  The Partnership had recognised that in order to move forward on such projects it would be necessary to explore various ways of funding.

Councillor Wagland advised that the Council had hosted a breakfast meeting of the West Essex Alliance.  As it had been necessary for John Spence to stand down as Chairman of the Alliance, Vance Rowe, a local businessman, had taken over as Chairman.  The meeting had identified employment issues as being of key importance and reference had been made to the shortage of semi-skilled workers in West Essex, the need to link skills to the ambitions of colleges and employers and  the acceptance of new retail developments as presenting opportunities not threats.  The Leader advised that she would include the West Essex Alliance Vision in the Council Bulletin.

Councillor Wagland reported that she had attended a meeting of the North London Strategic Alliance which comprised East Anglia corridor authorities.  The key issue had been investment and reference had been made to identified employment areas (clusters) including a high tech one in Hackney which had produced 30,000 new jobs in a year.  The Leader advised that Anglia  ...  view the full minutes text for item 82.

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)        Heritage Lottery Fund Application

Councillor Watts referred to the written report of the Finance and Economic Development Portfolio Holder regarding the submission of a first stage application to the Heritage Lottery Fund for the Town Heritage Initiative and invited the Portfolio Holder to join him in welcoming this as a unique opportunity to harness some £2 million with the aim of creating Waltham Abbey as a first class visitor centre and visitor experience, building on existing attractions and acting as a stimulant and catalyst for the redevelopment/regeneration of the area.

Councillor Mohindra, Finance and Economic Development Portfolio Holder, agreed that this presented an exciting opportunity.  The £10,000 per annum part funding of the Olympic Regeneration Officer could result in potentially in excess of £2 million investment in the area with this Council’s contribution being some £600,000 not necessarily in cash but support in kind.  Councillor Mohindra continued that the Cabinet was fully aware of the legacy issues and advised that he would be working closely with Councillor Watts and other local members to secure a successful bid.

(b)       Merger of Hospitals

Councillor Johnson asked the Chairman of the Overview and Scrutiny Committee to confirm that accident and emergency services would not be affected by the proposed merger of Barts and The London, Whipps Cross and Newham NHS Trusts.

Councillor Bassett, Chairman of the Overview and Scrutiny Committee, confirmed that this was the case.

(c)        Olympic Games – Parking Issues

Councillor Jon Whitehouse referred to the reference in the written report of the Leisure and Wellbeing Portfolio Holder to the proposed restrictions on parking within the Waltham Abbey area during the Olympic Games next year and asked if any steps were being taken to alleviate possible parking issues which would arise in the District as a result of the public travelling to the Olympic site in Stratford on the Central Line.

Councillor Gadsby, Leisure and Wellbeing Portfolio Holder, advised that she would publish a written response to this question in the Council Bulletin.

(d)       Leisure/Sports Facilities

Councillor Grigg asked the Leisure and Wellbeing Portfolio Holder for details of the 2010/11 income share amount agreed with SLM and how this compared to the amount paid to the Council in 2009/10.

Councillor Gadsby, Leisure and Wellbeing Portfolio Holder, advised that she would publish a written answer to this question in the Council Bulletin.

(e)       Council Website

Councillor Jennie Hart asked the Finance and Economic Development Portfolio Holder if there would be different areas within the new website enabling residents to select different parts of the District in order to find out information about shops and what was on offer.

Councillor Mohindra, Finance and Economic Development Portfolio Holder, advised that he had a meeting the following week with officers following which he would be able to update members on the proposals.

(f)        Installation of Solar Photovoltaic Panels to Council Dwellings

Councillor Jacobs referred to the oral report given by the Housing Portfolio Holder regarding the Government proposals to reduce  ...  view the full minutes text for item 83.

(a)   To consider the following motion, notice of which has been given under Council Procedure Rule 11:

"That this Council calls on the Government, through the Secretary of State for Communities & Local Government, to amend the rules on Councillors' remuneration in order that:

(1) potential candidates who are in receipt of state benefits are able to seek election without placing  those state benefits at risk if elected; and

(2) remuneration is based on either a combination of attendance and basic allowance or on attendance at meetings alone."

Mover: Councillor D Stallan

Seconder: Councillor D Johnson

(b)   Motions, if any, will follow if not received in time to be incorporated into the agenda.

(a)        Councillors’ Remuneration

Moved by Councillor Stallan and seconded by Councillor Johnson

“That this Council calls on the Government, through the Secretary of State for Communities and Local Government, to amend the rules on Councillors’ remuneration in order that:

(1)        potential candidates who are in receipt of state benefits are able to seek election without placing those state benefits at risk if elected; and

(2)        remuneration is based on either a combination of attendance and basic allowance or on attendance at meetings alone”.

Councillor Murray advised that he would support the motion subject to the deletion of the following words in (2):

“either” and “or on attendance at meetings alone”.

Councillors Stallan and Johnson advised that they would accept this change and by leave of the Council amended their motion accordingly.

Motion as amended ADOPTED

            RESOLVED:

            That this Council calls on the Government, through the Secretary of State for Communities and Local Government, to amend the rules on Councillors’ remuneration in order that:

            (1)        potential candidates who are in receipt of state benefits are able to seek election without placing those state benefits at risk if elected; and

            (2)        remuneration is based on a combination of attendance and basic allowance.

(b)       Community Toilet Scheme

Moved by Councillor Janet Whitehouse and seconded by Councillor Jon Whitehouse

“(1)      That this Council notes:

            (a)        its public toilet provision currently consists of four Universal Superloos (USL) and one Automatic Public Convenience (APC) located in Buckhurst Hill, Epping, Loughton, Debden and Waltham Abbey;

            (b)        the rest of the District has no Council provision;

            (c)        Community Toilet Schemes (which involve some local businesses volunteering to provide public access to their toilet facilities in return for modest payments from the local council) work successfully and cost effectively in other local authorities; and

(2)        That the Council therefore resolves:

to investigate the provision of a Community Toilet Scheme across the Epping Forest District to enable better provision of toilet facilities for residents and visitors”.

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

“That the following amendments be made to the motion:

(a)        deletion of paragraph 1(a) and substitution of the following revised paragraph:

“The public toilet provision provided by the District Council at the High Street (Ongar), Bakers Lane (Epping), Brook Path, the Broadway and Traps Hill (all Loughton), Quaker Lane (Waltham Abbey) and Lower Queens Road (Buckhurst Hill)”;

(b)        deletion of paragraph 1(b) and substitution of the following words:

“The public toilet provision provided by Town and Parish Councils, the Corporation of London, London Underground and businesses in the District”;

(c)        deletion of “modest” from the third line of paragraph 1(c) and the words “work successfully and cost effectively in other local authorities”, the latter to be substituted by the following:  “have been introduced by other local authorities”;

(d)        deletion of paragraph (2) of the motion and substitution of the following wording:

“To request the relevant Portfolio Holder to analyse and report to the Cabinet on whether the existing public toilet provision is commensurate  ...  view the full minutes text for item 84.

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)        Fixed Penalty Notices

By Councillor Janet Whitehouse to Councillor Knapman, Environment Portfolio Holder

“(1)      How many officers from the Environment and Street Scene Directorate are authorised to issue Fixed Penalty Notices for litter offences and when did they start doing this;

(2)        How many Fixed Penalty Notices have been issued and for what offences in:

Buckhurst Hill

Chigwell

Loughton

Epping

Theydon Bois

Waltham Abbey

Ongar

the rest of the District; and

(3)        How many of these have resulted in prosecution?”

Response of Councillor Knapman, Environment Portfolio Holder (read by Councillor Wagland, Leader and Legal Portfolio Holder in the absence of Councillor Knapman)

(1)       9 Officers - (6 Environment & Neighbourhood Officers, the Environment & Neighbourhood Manager, the Animal Welfare Officer and the Assistant Director (Neighbourhoods)).

It should be noted that no Fixed Penalty Notices (FPN) are issued in the field. Litter offenders are stopped and following an explanation of the offence they have committed they are issued with an incident ticket that records the offence and the offender’s details. The incident ticket has no legal standing and is simply a means to record the offence and act as a visible deterrent to others.  The evidence is then taken back to the office and checked.  If there is sufficient evidence to instigate prosecution proceedings, consideration is then given to offering the offender the opportunity to discharge the offence through a FPN.  In normal circumstances, when the offender has cooperated a FPN will be issued for first time offenders.

A FPN can be issued on the basis of any evidence that is sufficient to prosecute a relevant offence through the Courts.  Anyone in receipt of a FPN but then fails to pay will normally be prosecuted through the Courts unless additional information comes to light.

15 Police Community Support Officers are being trained by Council officers to enable them to use the same procedures in respect of dog fouling and littering offences.  Prosecution or the issue of a FPN will then be dealt with by the Neighbourhood Team as appropriate. 

The 1st FPN was issued for an offence that occurred in November 2010.

(2)        28 FPNs have been issued for the offence of littering, in the following locations

Buckhurst Hill - 1

Chigwell - 2

Loughton - 18

Epping - 2

Theydon Bois - 0

Waltham Abbey - 5

Ongar - 0

the rest of the District – 0

An additional 7 FPNs have been issued in respect of failure to use the correct waste receptacles (Sections 46 & 47of the Environmental protection Act 1990).  5 of these were issued in Loughton and 2 in Buckhurst Hill.  No incident ticket is issued in these cases.

(3)        Of all of the above, 3 litter related FPNs and 1 waste related FPN have resulted in a prosecution, all of which have been successful.

Although not part of the questions asked, I thought Members would also be interested in the various activities and operations undertaken by the Neighbourhoods Team:

(a)        4 planned operations  ...  view the full minutes text for item 85.

To consider the attached report.

Mover:  Councillor Bassett, Chairman of the Committee

Councillor Bassett submitted a report on a review of polling districts and polling places required under the Electoral Administration Act 2006 to be undertaken by the end of 2011.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the proposals for polling districts and places as set out in the Appendix to the report of the Committee be approved; and

            (2)        That the proposals be published and copies made available for inspection by the public at the Civic Offices, in at least one place in each local Parliamentary Constituency and on the Council’s website.

Report to follow.

Mover:  Councillor Whitbread, Chairman of the Committee

Councillor Whitbread submitted a report of the Committee following consideration of the initial proposals of the Boundary Commission for England the new Parliamentary Constituencies.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the proposed formal response to the Boundary Commission for England in respect of the new Parliamentary Constituencies be approved as set out in the Appendix to the report of the Committee;

            (2)        That a copy of the Council’s views be sent to the three local Members of Parliament;

            (3)        That the relevant Government Minister be advised (with copies to the local MPs) about the Council’s concerns about the constituency boundary at Matching Green; and

            (4)        That the action taken by the Committee in authorising the Assistant to the Chief Executive (accompanied by Councillor R Morgan, the local district member for the Matching area) to attend the Commission’s hearing about the review on 31 October 2011 in Colchester and present these views in person be confirmed.

(Chairman of the Overview and Scrutiny Committee) To consider the attached report.

Mover:  Councillor Bassett, Chairman of the Committee

Councillor Bassett submitted a report of the Committee following a review of a report of the Independent Remuneration Panel on members’ allowances.

Report as first moved ADOPTED

            RESOLVED:

            That the following recommendation (11) in the report of the Remuneration Panel Report 2010-11 be adopted:

            “That the reference to first class rail return fare in the current scheme in relation to travel to meetings outside the District or by members resident outside the District be removed from the Scheme”.

Recommendation:

To consider a request from Councillor Packford for an extension of her period of absence from the Council on health grounds from 16 November 2011

Due to ill health it has not been possible for Councillor Packford to attend any meeting of the Council since mid-May 2011.

Section 85 of the Local Government Act 1972 states that if a member fails throughout  a period of six consecutive months from the last date of attendance at a meeting, subject to certain exemptions, they cease to be a member of the authority.

The period of absence can be extended if approved by the Council for  a reason before the expiry of the six month period. Ill health is a reason for extending the period of a member’s absence.

Background Paper: Letter dated 21 September 2011 from Councillor Packford.

The Council considered a request from Councillor Packford for an extension of her period of absence from the Council on health grounds from 16 November 2011.

            RESOLVED:

            That Councillor Packford’s period of absence from the Council on health grounds be extended until 27 March 2012.

(a)           To receive from Council representatives the attached reports on the business of joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice; and

(b)           To request written reports from representatives on joint arrangements and external organisations for future meetings.

.

The Council received written reports from Councillor Morgan in relation to the Stansted Airport Community Trust and from Councillor Pryor in relation to the Waltham Abbey Royal Gunpowder Mills.