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.

The Council is invited to stand for a minute’s silence in tribute to the memory of Dave Smith, one of the Council’s carpenters, who passed away suddenly on Sunday 13 November 2011.

Dave gave over 15 years loyal service to the Council, and was a dedicated and conscientious carpenter who earned the respect of his managers, his colleagues and the tenants with whom he came in contact.

It was with much sadness that the Chairman informed the Council of the death of Dave Smith, one of the Council’s carpenters.

Members noted that Dave had given over 15 years loyal service to the Council, and had been a dedicated and conscientious carpenter who had earned the respect of his managers, his colleagues and the tenants with whom he had come into contact.

The Council stood for a minute’s silence in tribute to the memory of Dave Smith.

To approve as a correct record and sign the minutes of the meeting held on 1 November 2011 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 1 November 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.

(a)       Pursuant to the Council’s Code of Member Conduct, Councillor Gadsby declared a personal interest in agenda item 14 (Joint Arrangements and External Organisations – Grange Farm Managing Trustees).  The Councillor advised that she had determined that her interest was prejudicial and that she would leave the meeting for the consideration of the matter.

(b)       Pursuant to the Council’s Code of Member Conduct, Councillor Watson declared a personal interest in agenda item 12 (Report of Overview and Scrutiny – Audit and Governance Committee – Appointment of Portfolio Holder Assistant).  The Councillor advised that she had determined that her interest was prejudicial and that she 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 his attendance at the Annual General meeting of Crossroads Care which had also been a celebration of the silver anniversary of the Crossroads Scheme in the Epping Forest District.  The Chairman drew attention to the work undertaken by carers for those with a wide range of physical and mental conditions.

The Chairman drew attention to the Remembrance Services which he had attended and thanked past Chairmen and other members for their attendance at services.

The Chairman announced that together with staff from the Animal Welfare and Emergency Planning Teams he had attended an event to celebrate a special award from the RSPCA in recognition of the Council’s Emergency Animal Welfare Plans.  He advised that this had given him an insight into one of the lesser known parts of the Environment and Street Scene Directorate although the star of the event had been a Bull Mastiff Cross dog.

The Chairman thanked Christine Eyles, Volunteer Centre Co-ordinator for the work she had undertaken in organising a donation station where members and staff could donate clothing for sale in St Clare Hospice Shops, one of the Chairman’s Charities.  He advised that 50 bags of clothing had been collected, the sale of which would provide a welcome boost to the Charity.

The Chairman referred to his attendance at the official opening of Zinc Arts Centre and Tolpuddle House, Ongar and the new Pavilion at the Grange Farm Trust, Chigwell.  He advised that the Earl of Wessex had been present at both openings.

The Council noted that on 2 December 2011, the Chairman had attended the Debden Christmas celebrations.  He thanked the Epping Forest College and schools for the entertainment they had provided at that event.

The Chairman reported that he had attended the Children’s Sports Awards lunch organised by the President’s Sporting Club/Essex Disabled Sports Foundation.  Over 600 disabled children and their helpers from special schools from the region had attended the event which had been held at North Weald Airfield.

The Chairman advised that on 7 December 2011 he had attended a VIP performance by the East 15 Acting School.

The Council noted that the Chairman had attended the RAD Carol Service for deaf and deafblind held at Chelmsford Cathedral on 9 December 2011.

The Chairman reported that together with the Vice-Chairman of the Council and the Leader of the Council he had attended the Chigwell Riding Trust for Special Needs Carol Service which he had very much enjoyed.

The Chairman reminded members that the Council’s Civic Carol Service was taking place on 16 December 2011 and that a quiz night in aid of its charity would be held at Theydon Bois Village Hall on 3 February 2012.

(ii)        Chairman’s Charity

The Chairman announced that £1,118 had been raised for his charity from the White Water Rafting Event held at the Lee Valley Water Centre.  The Chairman thanked those who had taken part and especially those  ...  view the full minutes text for item 95.

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 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, and the Safer, Greener and Highways Portfolio Holder.  The Council also received a supplementary written report from the Safer, Greener and Highways Portfolio Holder.  The Council noted that the Support Services Portfolio Holder did not have any matters to report to the Council under this item.

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

(a)        Leader and Legal Portfolio Holder

Councillor Wagland reported on her attendance at a meeting of the full board and formal re-launch of the South East Local Enterprise Partnership at which the Chairman, John Spence, had emphasised its mission statement to become the most enterprising economy in England.  The Leader advised that the Partnership which covered Essex, Kent and East Sussex contributed £55bn to the National Economy (17%).  Members noted that John Spence had again stated the need for the Partnership to add value, and only to undertake matters which could be achieved more effectively and efficiency than at the local level.  The Leader advised that she would place documents reflecting the vision of the Partnership in the Council Bulletin.  Councillor Wagland reported on progress being made by the Partnership in relation to two enterprise zones, one at Sandwich and one at Harlow.  Members noted that the Partnership had received the largest allocation of Growing Places funding outside London amounting to £32m as well as £27m funding for Broadband development.  A scheme in Essex would receive £6.2m regional growth fund for research and development within the medical and science, aerospace, defence and industrial markets.

The Leader reported that together with John Houston, LSP Manager, she had recently met Doctor Kamal Bishai, Head of the Local GP Commissioning Body who would be Chairing the Health Group LSP and would join the Board.  Members noted that at a Board meeting earlier in the day, Doctor Bishai had reported on the role of the GP Consortia.

The Leader reported that together with J Chandler, Assistant Director, she had met Essex County Council officers in relation to the Essex Health and Wellbeing Board.  She advised that Essex County Council was responsible for setting up a shadow board and District Council interests on that board would be represented by Tendring District Council representative.  In due course the full board would have four District Council representatives from Tendring, Rochford, Harlow and Braintree.  A stakeholder forum was to take place at which the views of the Epping Forest District would be put forward.  A contribution would also be made to a Strategic Needs Assessment.  The Leader advised that it appeared the GP Consortium would present plans to the  ...  view the full minutes text for item 97.

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 7 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)        Buckhurst Hill Parking Review

Councillor Spencer asked the Safer, Greener and Highways Portfolio Holder if a team of officers was in place to undertake the Buckhurst Hill Parking Review next year.

Councillor Smith, Safer, Greener and Highways Portfolio Holder stated that a team of officers had not yet been established but that she was fully aware of the need for a team to be developed.

(b)       Revenue Income Optimisation – Parking Charges

Councillor J M Whitehouse drew attention to the written report of the Finance and Economic Development Portfolio Holder regarding the revenue income optimisation exercise recently undertaken by Price Waterhouse Coopers.  He asked the Portfolio Holder to acknowledge the direct relationship between off and on-street parking and sought confirmation that any proposals would take account of the impact on on-street parking and ensure that the car parks in town centres would be available for local shoppers.

Councillor Mohindra, Finance and Economic Development Portfolio Holder advised that the main purpose of the proposals was to secure better utilisation of the car parks.  Councillor Mohindra advised that the view of the Finance and Performance Management Committee had been to retain current off-street car parking charges to support the local economy of the District and further work would be carried out on how car parking charges could be structured to benefit local businesses by increasing turnover within the car parks.  Councillor Mohindra invited Councillor Smith, Safer, Greener and Highways Portfolio Holder, to respond to that part of the question regarding on-street parking.

Councillor Smith, Safer, Greener and Highways Portfolio Holder advised that the correlation between off and on-street parking was recognised and would be taken into account.

(c)        Epping New Road

Councillor Watts suggested that the Safer, Greener and Highways Portfolio Holder had omitted from her report reference to the filling of a pothole in the Epping New Road.

Councillor Smith, Safer, Greener and Highways Portfolio Holder thanked Councillor Watts for drawing this to the attention of the Council.

(d)       Changes to Housing Benefit

Councillor Murray drew attention to the written report of the Finance and Economic Development Portfolio Holder regarding changes to Housing Benefit for single people under 35.  He asked the Portfolio Holder if he agreed that a small section of the society was being unduly affected.

Councillor Mohindra, Finance and Economic Development Portfolio Holder advised that the decision of Central Government was a matter of concern to him.  He acknowledged that a small minority would be affected and advised that the Government was trying to ensure that people lived in suitable sized accommodation.  Councillor Mohindra said that the Council help those affected as best as it could.

(e)       Council House Building Programme

Councillor Murray drew attention to the written report of the Housing Portfolio Holder regarding the decision of the Cabinet to commence a new Council House Building Programme.  He pointed out that the District Council had not built a Council house since 1985 and that the current proposals would not secure a property until 2015.  He  ...  view the full minutes text for item 98.

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 Chairman reported that there were no motions to be considered 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.

The Chairman reported that there were no questions by members under notice to be considered at this meeting.

To follow, if any from the meeting to be held on 5 December 2011.

Mover:  Councillor Wyatt, Support Services Portfolio Holder

Councillor Wyatt submitted a report recommending the adoption of a calendar of meetings for 2012/13.  He drew attention to changes which had been made to the draft calendar which had been considered by the Cabinet in order to avoid a clash of meetings.

Report as first moved ADOPTED

            RESOLVED:

That the calendar of Council meetings for 2012/13 attached as an Appendix to these minutes be adopted.

Mover:  Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report on the Council’s overall treasury position and advised that the Council’s bank no longer met the Council’s minimum rating criteria.

Report as first moved ADOPTED

            RESOLVED:

That the change in the Treasury Management Strategy to reduce the minimum long-term rating from a plus (or equivalent) down to a minus (or equivalent) specifically only for the use of the Council’s bank, Nat West, and only while it remains in the ownership of the UK Government, be approved.

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

Mover: Councillor Bassett, Chairman of the Overview and Scrutiny Committee

Councillor Bassett submitted a report following consideration by the Constitution and Member Services Panel on a review of the Constitution of the Audit and Governance Committee to clarify whether a Portfolio Holder Assistant could be a member of that body.

By leave of the Council, Councillor Bassett sought approval to the insertion of the word “primarily” after the word “dealing” in recommendation 1 of the report in order to accord with the views which had been agreed by the Committee.

Report as amended ADOPTED

            RESOLVED:

(1)        That Portfolio Holder Assistants, except those involved with the Portfolio dealing primarily with the Council’s finances, be eligible for appointment to the Audit and Governance Committee, subject to careful consideration by the Councillor concerned of the need to declare a prejudicial interest in any matter relating to the relevant Portfolio which comes before that Committee;

(2)        That the decision set out in (1) above be reviewed after one year or if there is a change either in the roles of Portfolio Holder Assistants or the Audit and Governance Committee;

(3)        That the designation “Deputy Portfolio Holder” be changed to “Portfolio Holder Assistant”; 

(4)        That paragraph 1.6(a) (Councillor Members) of Article 11 of the Constitution (Audit and Governance Committee) be amended to read as follows:

“11.6(a) (Councillor Members)

Councillors appointed to the Audit and Governance Committee may not also be members of the Cabinet, any Cabinet Committee or any Panel appointed by the Overview and Scrutiny Committee with responsibility for reviewing the Council’s finances or financial procedures.

A Portfolio Holder Assistant (other than any Assistant involved in any Portfolio dealing primarily with the Council’s finances) appointed by the Leader of the Council shall be eligible for appointment to the Committee”;

(5)        That the Standards Committee be asked to issue advice to Portfolio Holder Assistants on how such conflicts of interest should be dealt with and to consult with the Audit and Governance Committee before it is issued;

(6)        That the proposed review by the Audit and Governance Committee of its own constitution including the following specific matters be noted:

(a)        terms of appointment for independent members;

(b)        method of appointing Councillor members of the Committee (including pro rata rules and appointment by Council rather than political groups);

(c)        whether the Committee should be increased in size;

(d)        whether there should be a majority of independent members;  and

(e)        whether there should be separate Audit and Governance Committees; 

(7)        That any review of the Constitution which results from (6) above be added to the Work Programme of the Constitution and Member Services Scrutiny Panel;

(8)        That the Audit and Governance Committee be advised of the view of the Constitution and Member Services Panel that the number of its members should be increased.

Mover: Councillor Bassett, Chairman of the Overview and Scrutiny Committee

Councillor Bassett submitted a report following consideration by the Constitution and Members Services Panel on a review of the reporting arrangements at Council meetings in relation to matters considered by Overview and Scrutiny Panels

Report as amended ADOPTED

            RESOLVED:

(a)           To note that there are no reports from Council representatives on the business of joint arrangements and external organisations; and

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

The Council received a written report from Councillors Smith and Johnson in relation to their roles as Grange Farm Managing Trustees.

Councillor Murray suggested that the facilities currently provided at Grange Farm in no way replaced what had been available to the public some 30 years ago.  He suggested that this Council had been responsible for the loss of public facilities.

Councillor Murray drew attention to the difficulty in accessing the Chigwell Nature Reserve from the west due to the gate on the pedestrian motorway bridge being locked.  He suggested that there was a need to regularise the arrangements for the opening of the gate and suggested that during the summer months it should be open from dawn to dusk.

Councillor Smith apologised about the restricted access and stated that she would pursue this matter although she understood that the opening of the gates was controlled by another party.

Councillor Wixley stated that he had visited the pavilion on 1 October 2011 and had not seen any evidence of an Interpretation Centre for Essex Wildlife Trust.  He asked if a lack of funds had prevented this from being pursued.

Councillor Smith advised that the Essex Wildlife Trust had moved into the pavilion and a wealth of information was now available.  The Trust were also engaging with local schools.  She suggested that on 1 October 2011 the project had been in its infancy and that matters had progressed considerably since that time.

Councillor Knapman referred to the grants awarded by the Grange Farm Trust amounting annually to approximately £120,000.  He questioned how many projects had received grants and what proportion of the Trust’s investment income was being devoted to grants each year.

Councillor Smith advised that grants were paid on the receipt of invoices for approved schemes.  She stated that there were a number of outstanding applications which had been approved but in respect of which invoices had not yet been received.  Accordingly, the grants in respect of those schemes had not yet been paid.  Councillor Smith also referred to money which had been spent by the Trust in recent years on the pavilion and on the provision of football pitches.

Councillor Wagland referred to the comments made by Councillor Murray about the facilities on the site and pointed out that there had been doubts about ownership of the land which had been resolved through the establishment of a Trust.  This had also ensured that any future development of the land could be controlled.

Councillor Knapman repeated his request for a report on the Trust’s investments income and the amounts given in grant.

Councillor Smith confirmed that she would submit a report to a future Council meeting.

Councillor Webster advised that she was also a Managing Trustee nominated by Essex County Council.  She advised that the Clerk to the Trustees could provide the information requested by Councillor Knapman and there was no reason why such information could not be provided on an annual basis.

Councillor Smith agreed with the comments made  ...  view the full minutes text for item 105.

The Chairman extended season’s greetings to members and officers.