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 13 December 2012 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 13 December 2011 be taken as read and signed by the Chairman as correct record subject to the following:

            (a)       deletion of the word “of” in the sub-heading of minute 98(h); and

            (b)       substitution of the words “Council property or property managed by the Council” for the words “the Council’s website and vehicle fleet” in that minute.

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

(a)       Pursuant to the Council’s Code of Member Conduct, Councillor Smith declared a personal interest in agenda item 15 (Joint Arrangements and External Organisations – Grange Farm Managing Trustees) by virtue of being a Council-nominated member of the Trust and current Chairman of the Trust.  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 Staff Code of Conduct, Mr D Macnab, Acting Chief Executive declared a personal interest in agenda item 12 (Committee for the Appointment of a Chief Executive) by virtue of the references to him in that 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)         Introduction

The Chairman expressed belated Happy New Year wishes to members of the Council.  He also reminded members that no refreshments would be provided after this meeting.

(ii)        Attendance at Events

The Chairman reported on his attendance at the Epping Town Old People’s Welfare Association Christmas lunch held at Pelly Court Epping on 14 December 2011.

The Chairman announced that the British Aerosol Manufactures had awarded a highly commended award to the Council for running the best Recycling Communication Campaign that included empty aerosols.  He advised that he had attended a presentation of the award together with the Vice Chairman of the Council and the Environment Portfolio Holder.

The Chairman thanked members for attending the Civic Carol Service held at the Loughton Methodist Church on 16 December 2011.

The Chairman advised that in support of Operation Christmas Child (the world’s largest Children’s Christmas Project run by the Christian Charity, Samaritan’s Purse), members and staff had donated in excess of 50 gift filled shoe boxes which had been sent to the Ukraine.

The Chairman reported that he had attended an excellent workshop learning how to make an animal lantern held at the Epping Forest District Museum to celebrate Chinese New Year.  He also advised that the Vice-Chairman of the Council had attended a second workshop on this topic.

The Chairman advised that the quiz held in aid of his charity had raised £1,024.  He thanked members and officers for their support and advised that the Planning Directorate’s Grand Slammers team had won the event yet again.  He praised the fancy dress of some of the teams. 

The Chairman announced that the previous day he had attended the Epping Forest District Museum for the creation of a mosaic to commemorate the Museum’s 30^th Anniversary prior to it being installed in the Museum garden.

(iii)       The Chairman’s Charity

The Chairman announced that he would be participating in an abseil on 5 May 2012 and he invited members to sponsor him in aid of his charity.  He drew attention to sponsorship forms which had been placed immediately outside of the Council Chamber.

The Chairman announced that arrangements were being made for a walk in Epping Forest in support of his charity to be led by Verderer and local historian, Richard Morris on 20 May 2012.

(iv)      Localism Act 2011 – Housing Provisions

The Chairman announced that the training session for members on 28 February 2012 had been cancelled due to a lack of support.  He drew attention to the provisions of the Act regarding housing and encouraged members to attend when the event was rescheduled.

(v)      The Floral Display

The Chairman announced that he intended to send the flowers from tonight’s meeting to Robert Daniels Court, Thrifts Mead, Theydon Bois.

(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

The Portfolio Holders advised that they had no  ...  view the full minutes text for item 110.

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 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 Environment Portfolio Holder;

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

(d)         Report of the Housing Portfolio Holder;

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

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

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

(h)     Report of the Support Services Portfolio Holder.

The Council received written reports from 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 Chairman invited the Leader and Legal Portfolio Holder to provide an oral report, 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 met Councillor Peter Martin, Leader and Joanna Killian, Chief Executive of Essex County Council to discuss a number of matters including highway repairs, children’s commissioning, refuges for domestic abuse, locality boards and member liaison.  She advised that the County Council would be submitting proposals on these issues and that there would be further meetings to pursue actions.

The Leader reported that she had attended a meeting of County Leaders and Chief Executives.  Discussions had included the Integrated County Strategy under which the County Council was looking to set up a rolling fund of £20,000,000 over five years for priority projects aimed at generating economic growth within the county.  Councillor Wagland advised that 36 projects had been identified to date and these included in West Essex, the Harlow Enterprise Zone and the regeneration of Harlow Town Centre.  Members noted that these projects would be filtered down to a core number and that projects to be funded by the Local Enterprise Partnership would be excluded.  Councillor Wagland advised that councils would not be expected to contribute to the fund unless they were to benefit directly from a project.  The Leader advised that she had made it clear and it had been accepted that care would need to be taken in identifying benefit from the projects as for example in West Essex the Harlow projects were in competition with the Epping Forest economy in some respects.

The Leader advised that the meeting had also discussed the election of a Police and Crime Commissioner to replace the Police Authority under the Police Reform and Social Responsibility Act 2011.  She informed the Council that the arrangements were aimed at making the Police more accountable to the community they served and that the Commissioner would set the Police precept, distribute the budget and commission services.  Councillor Wagland reported that a Panel was to be set up for the county comprising 15 local authority members and two independent persons and this would have powers of veto over the budget and appointments made by the Commissioner.  A Shadow Panel was due to be set up and discussions were taking place on the membership of that Panel.

Councillor Wagland reported that Essex was taking part in a pilot for community budgets with Essex being the only two tier local authority area taking part.  The money available would be aimed at bringing together local public services for families with complex needs.

The Council noted that the County Leaders and Chief Executives meeting  ...  view the full minutes text for item 112.

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)        Buckhurst Hill Parking Review

Councillor Spencer asked the Safer, Greener and Highways Portfolio Holder if the Buckhurst Hill Parking Review would commence in April 2012 and, if so, when residents would be consulted.

Councillor Smith, Safer, Greener and Highways Portfolio Holder stated that the Buckhurst Hill Parking Review would be progressed but she was unable to specify when it would commence.  She said she was continuing to work with officers on gathering information and she confirmed that she would be consulting ward members on the content of consultation documents before they were agreed.

(b)       Ongar and Epping Leisure Centres – Upgraded Fitness Suites

Councillor Grigg referred to the written report of the Leisure and Wellbeing Portfolio Holder regarding the opening of the upgraded fitness suites.  She asked the Leisure and Wellbeing Portfolio Holder how much capital had been provided by the Council for the purchase of the equipment and by how much the annual review management fees for the two centres had been discounted. 

Councillor Gadsby, Leisure and Wellbeing Portfolio Holder, advised that the annual revenue and management fee for the Loughton Leisure Centre had been reduced by £100,000 and that the fees for the Epping and Ongar Leisure Centres had been reduced by £50,000.  She suggested therefore that an investment of £930,000 had represented a positive and sensible use of the Council’s capital.

(c)        Benefits Revenues

Councillor Jenny Hart referred to the proposed welfare reforms and asked the Finance and Economic Development Portfolio Holder if he agreed that, having regard to the fact that senior citizens would be excluded from the 10% deficit being passed onto the Council for Council Tax Benefit payments, it would be unfair for the remaining claimants to bear the full cost of the 10% loss.  She also drew attention to the proposed increase in rents for Council properties.

Councillor Mohindra, Finance and Economic Development Portfolio Holder stated that he shared the concerns being expressed about the various welfare reforms.  He said that he was continuing to work with other authorities throughout Essex in order to ensure that a consistent approach was adopted.  In relation to the proposed rent increase he pointed out that the proposed increase was less than the amount recommended by Government.

(d)       Local Highways Panel

Councillor Sutcliffe referred to the apparent lack of plans to revive the Local Highways Panel.  In the light of this she asked the Safer, Greener and Highways Portfolio Holder how councillors could be kept informed of highways decisions affecting their wards, what progress was being made in relation to the list of works previously agreed by the Panel and when the ranger service would operate in various wards.  She also asked if there were any plans to invite the County Council Portfolio Holder to address District Council Members on future proposals.

Councillor Smith, Safer, Greener and Highways Portfolio Holder stated that she would shortly report on the progress of highways schemes being carried forward.  She said that she attended regular meetings with the North Essex  ...  view the full minutes text for item 113.

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 there were no questions by members under notice to be considered at this meeting.

To consider the attached reports of the Cabinet:

(a)   Capital Strategy;

(b)   Key Objectives;

(c)   Treasury Management Strategy; and

(d)   Budgets and Council Tax Declaration - 2012/13.

(a)       Capital Strategy

Mover: Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra reported that this year the Capital Strategy had focussed on current capital schemes and investment plans to 2015/16.  It also had indentified partnership arrangements with other councils and organisations, which aimed to enhance the Capital Programme, and set out funding approved to date, having regard to forecast income generation.  Councillor Mohindra also reported that the Cabinet had reassessed the Key Priorities and had reviewed the ranking of each priority in order of strategic importance for the district, having regard to the contribution that each one made to the achievement of relevant corporate aims.

Report as first moved ADOPTED

            RESOLVED:

            That the Capital Strategy attached to the report of the Cabinet be approved.

(b)       Key Objectives 2012/13

Mover: Councillor Wagland, Leader and Legal Portfolio Holder

Councillor Wagland submitted a report on the Council’s Key Objectives for each of the four years to 2014/15.  She pointed out that the Key Objectives had also been considered and agreed at a joint Cabinet and Management Board meeting and by the Overview and Scrutiny Committee.  The Council noted that once adopted, the Key Objectives would be published on the Council’s website as an update to the Corporate Plan 2011/12 – 2014/15.

Report as first moved ADOPTED

            RESOLVED:

            That the Key Objectives for 2012/13 attached to the report of the Cabinet be agreed.

(c)       Treasury Management Strategy Statement and Investment Strategy 2012/15

Mover: Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report on the Council’s Treasury and Investment Strategy and Prudential Indicators.

Councillor Watts, Chairman of the Audit and Governance Committee advised that the documents had been considered at a meeting of that Committee on 9 February 2012 and the recommendations of the Cabinet had been supported.  However, concern had been expressed that the Government appeared to have reserved the right to come back for another tranche in relation to the payment regime for the building of houses. 

Councillor Mohindra acknowledged that the Government had reserved this right and pointed out that in discussion with officers it had been agreed that it would be very difficult if this aspect was to be revisited.  Councillor Mohindra thanked Councillor Watts and the Audit and Governance Committee for their support.

Report as first moved ADOPTED

            RESOLVED:

            (1)       That the following documents attached to the report of the Cabinet be adopted:

            (a)       Treasury Management Strategy Statement and Annual Investment Strategy 2012/13 to 2014/15;

            (b)       Minimum Revenue Provision (MRP) Statement;

            (c)        Treasury Management Prudential Indicators for 2012/13 to 2014/15; and

            (d)       Treasury Management Policy Statement; and

(2)       That the use of the average interest earned for the year on the Council’s investments as the rate of interest to be applied to any inter-fund borrowing between the General Fund and the Housing Revenue Account be approved.

(d)       Budgets and Council Tax Declaration 2012/13

Mover: Councillor Mohindra, Finance and Economic Development Portfolio Holder

The Portfolio Holder submitted a report regarding Budgets and Council Tax  ...  view the full minutes text for item 116.

(a)   Report of the Chairman of the Overview and Scrutiny Committee (attached);

(b)   Reports of the Overview and Scrutiny Committee (if any); and

(c)   Reports of Overview and Scrutiny Panels:

(i) Senior Recruitment Task and Finish Panel (attached).

(a)        Report of the Chairman of the Overview and Scrutiny Committee

The Committee received a written report from the Chairman of the Overview and Scrutiny Committee.

In the absence of the Chairman of the Committee, Councillor Wixley, Vice-Chairman of the Committee drew attention to the Joint Overview and Scrutiny training being arranged with Harlow District Council on 15 and 29 March 2012.  He encouraged members of the Overview and Scrutiny Committee, Standing Panels and Task and Finish Panels and others having an interest in scrutiny to attend.

(b)       Reports of the Overview and Scrutiny Committee

The Chairman announced that there were no reports to be considered under this item.

(c)        Reports of Overview and Scrutiny Panels

(i)         Senior Recruitment Task and Finish Panel

Mover: Councillor Angold-Stephens, Chairman of the Panel

Councillor Angold-Stephens submitted a report of the Panel following a review of the procedures for the reporting of complex and sensitive contracts to members.  

Councillor Watts drew attention to the need for the Audit and Governance Committee to consider the report and stated that the Committee would receive the report at its next meeting.  He accepted that decisions taken by the Council in relation to the report would not to be subject to the views of that Committee.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the flow chart attached as Appendix 1 to the report of the Panel and the guidance note attached as Appendix 2 to the report of the Panel be approved for use in future senior recruitment exercises to provide a framework within which the Appointments Panel can work;

            (2)        That the process should only apply to Chief Executive; Deputy Chief Executive; Directors; Assistant to the Chief Executive and the three statutory officers;

            (3)        That delegation to the Appointments Panel be carefully drafted and to be clear about the extent of powers to recommend to Council any contract variations, appointment, short/long listing etc;

            (4)        That reports to members be made in the standard template giving all relevant information which will include financial implications; risk assessments and advice from statutory officers;

            (5)        That specialist legal advice be made to members through the Public Law Partnership and Human Resources advice through VINE or another appropriate body and budgeted for by Council;

            (6)        That an evaluation process be carried out as a matter of course after each senior recruitment event and reported to the Overview and Scrutiny Committee;

            (7)        That after the conclusion of the current exercise, the Officer Employment Procedure Rules be redrafted to:

            (i)         incorporate the applicability of Section 4 to the Statutory Officer position;

            (ii)        include more detail of the objection to the appointment process set out in the Constitution; and

            (iii)       consider its ongoing appropriateness;

            (8)        That the suggestion that the Constitution and Member Services Scrutiny Panel should undertake the task referred to in (7) above be approved;

            (9)        That the Committee for the Appointment of a Chief Executive be asked to consider the following issues specific to the post of the Chief Executive;  ...  view the full minutes text for item 117.

To consider the attached report.

Mover: Councillor J M Whitehouse, Chairman of the Committee

Councillor Whitehouse submitted a report on the role of the Committee in co-ordinating the recruitment process for the vacant post of Chief Executive.  He advised that the Committee had accepted the recommendations of the Senior Recruitment Task and Finish Panel relating to post of Chief Executive.  He stated that reference to paragraphs 4.9(i)-(iii) in recommendation 2 of the report of the Committee should read “paragraphs 4.8(i)-(iii)”.

Report as amended  ADOPTED

            RESOLVED:

            (1)        That the action taken by the Committee as outlined in its report be noted; and

            (2)        That the terms of reference of this Committee be amended to include paragraphs 4.8(i)-(iii) of the report of the Task and Finish Scrutiny Panel on Senior Recruitment reported to the Council under the previous item.

Recommendations:

(1)                                That Mr I Willett, Assistant to the Chief Executive, be appointed as Local Returning Officer for the Police and Crime Commissioner election to be held on 15 November 2012;

(2)                                To note that the Local Returning Officer will be entitled to be remunerated in accordance with the relevant scale of fees prescribed by a Fees Order and on a superannuable basis under Council minute 115 – 19 April 2005;      

(3)            To note that the Council’s insurers have confirmed that the existing insurance indemnifying the Returning Officer will provide cover against legal expenses reasonably incurred in connection with the role of the  Local Returning Officer for this election for the defence of any proceedings brought for contravention of the legislation or an accidental breach of any other duty by him or any other person employed by or officially acting for him; and

        (4)                 To note that such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, will through the Council’s internal insurance fund or otherwise, indemnify the Local Returning Officer up to the value of such excess.

(Returning Officer) Mr S Packham, Chief Executive of Chelmsford Borough Council, has been appointed as Police Area Returning Officer (PARO) for Essex for the Police and Crime Commissioner election to be held on 15 November 2012.

The Police Reform and Social Responsibility Act 2011 provides that PAROs will be assisted in the discharge of their duties by Local Returning Officers who are defined as returning officers for any local elections. Accordingly, the Council is asked to confirm the appointment of Mr I Willett, Assistant to the Chief Executive, as a Local Returning Officer.

The terms of reference for the appointment including fees, superannuation and insurance are as set out in Council minute 115 of 19 April 2005.

The Council was advised that Mr S Packham, Chief Executive of Chelmsford Borough Council, had been appointed as Police Area Returning Officer (PARO) for Essex for the Police and Crime Commissioner Election to be held on 15 November 2012.

Members noted that the Police Reform and Social Responsibility Act 2011 provided that PARO’s would be assisted in the discharge of their duties by Local Returning Officers who were defined as Returning Officers for any local elections.  Accordingly, the Council was asked to confirm the appointment of Mr I Willett, Assistant to the Chief Executive, as a Local Returning Officer.

            RESOLVED:

            (1)        That Mr I Willett, Assistant to the Chief Executive, be appointed as Local Returning Officer for the Police and Crime Commissioner Election to be held on 15 November 2012;

            (2)        That the entitlement of the Local Returning Officer to be remunerated in accordance with the relevant scale of fees prescribed by a Fees Order and on a superannuable basis under Council minute 115 -19 April 2015 be noted;

            (3)        That confirmation from the Council’s insurers that the existing insurance indemnifying the Returning Officer will provide cover against legal expenses reasonably incurred in connection with the role of the Local Returning Officer for this election for the defence of any proceedings brought for contravention of the legislation or an accidental breach of any other duty by him or any other person employed by or officially acting for him be noted; and

            (4)        That such insurance carrying an “excess” clause by which an initial portion of risk is not insured will through the Council’s Internal Insurance Fund or otherwise, indemnify the Local Returning Officer up to the value of such excess be noted.

(a) Review of Staff Car Leasing Scheme

Decision:

(1)        To appoint Councillor J Knapman (Portfolio Holder for Environment) and Councillor J Wyatt (Portfolio Holder for Support Services) jointly to carry out a review of the present staff car leasing scheme;

(2)        To determine that the terms of reference for this review should be as follows:

            (a)        to review and reduce the cost to the Council of the current scheme;

            (b)        to review the report of the officer working party (attached) submitted to the Management Board on 28 September 2011, including:

·                    staff eligibility;

·                    vehicle arrangements;

·                    alternative schemes designed to reduce costs;

·                    financial contributions by staff under the scheme;

(c)        to consider arrangements for consulting staff and union representatives;

(d)        to consider any changes to staff contracts of employment, taking account of recent legal advice;

(e)        to consider any impact on staff working arrangements arising from new car leasing arrangements;  and

(f)         to consider compensation arrangements appropriate to changes to the scheme.

(3)        To undertake, pursuant to (2) above:

            (a)        discussions with the officer working party on the options for altering the scheme;

            (b)        attendance at the relevant Joint Consultative Committee as part of the consultation arrangements;  and

            (c)        liaison with the officer working party in preparing a report and recommendations for consideration by the Cabinet.

(4)        To present a report to the Cabinet on the review of the scheme no later than the Cabinet meeting on 6 June 2012.

(b) Local Development Framework Cabinet Committee

Decision:

(1)               To amend the title of this Committee to read “Local Plan Cabinet Committee”; and

(2)               To appoint Councillor J Philip (Planning and Technology Portfolio Holder) to be the Chairman of the Committee

The Council noted the following decisions taken by the Leader of Council.

(a)        Review of Staff Car Leasing Scheme

Decisions:

(1)        To appoint Councillor J Knapman (Portfolio Holder for Environment) and Councillor J Wyatt (Portfolio Holder for Support Services) jointly to carry out a review of the present staff car leasing scheme;

(2)        To determine that the terms of reference for this review should be as follows:

            (a)        to review and reduce the cost to the Council of the current scheme;

            (b)        to review the report of the officer working party submitted to the Management Board on 28 September 2011, including:

·                    staff eligibility;

·                    vehicle arrangements;

·                    alternative schemes designed to reduce costs;

·                    financial contributions by staff under the scheme;

(c)        to consider arrangements for consulting staff and union representatives;

(d)        to consider any changes to staff contracts of employment, taking account of recent legal advice;

(e)        to consider any impact on staff working arrangements arising from new car leasing arrangements;  and

(f)         to consider compensation arrangements appropriate to changes to the scheme.

(3)        To undertake, pursuant to (2) above:

            (a)        discussions with the officer working party on the options for altering the scheme;

            (b)        attendance at the relevant Joint Consultative Committee as part of the consultation arrangements; 

            (c)        liaison with the officer working party in preparing a report and recommendations for consideration by the Cabinet; and

(4)        To present a report to the Cabinet on the review of the scheme no later than the Cabinet meeting on 6 June 2012.

(b) Local Development Framework Cabinet Committee

Decisions:

(1)        To amend the title of this Committee to read “Local Plan Cabinet Committee”.

(2)        To appoint Councillor J Philip (Planning and Technology Portfolio Holder) to be the Chairman of the Committee.

(a)           To receive the attached report from two of the District Council nominated managing trustees on the Grange Farm Centre Trust and  answers to any questions on that body which may be put without notice;

(b)    To receive from other Council representatives the reports (attached - if any) 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.

(a)        Grange Farm Managing Trustees

Pursuant to the Council’s Code of Member Conduct, Councillor Gadsby declared a personal interest in this item by virtue of her husband being the Clerk and Solicitor to the Trust.  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. 

Pursuant to the Council’s Code of Member Conduct, Councillor Webster declared a personal interest in this item by virtue of being a Trustee nominated by Essex County Council.  The Councillor advised that she had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the matter.

The Council received a written report from Councillors Smith and Johnson in relation to the investment income of and grants approved by the Grange Farm Centre Trust.

            RESOLVED:

(1)        That the Trustees be advised of the Council’s concern that the assets of the Trust appear to be increasing but the amount of grants awarded appears to be considerably less than the yearly investment income of the Trust;

            (2)        That in the light of (1) above, the Trustees be urged to review their arrangements for advertising the availability of grants with a view to receiving more applications and awarding more grants;

            (3)          That the Trustees be requested to review their form of annual report with a view to it more closely reflecting the form currently recommended by the Charity Commissioners including a much more detailed analysis of the delivery of public benefit and a more detailed list of the grant applications made and the outcomes of those applications;

(3)       That if it is not considered necessary to include a more detailed list of the grant applications made and the outcomes of those applications in the annual report, this information be supplied separately to the Council each year; and

(4)    That the Trustees be requested to provide the Council with a breakdown of the Trust’s Restricted Reserves.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That, in accordance with Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph Part 1 of the Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda           Subject                                                           Exempt Information

Item No                                                                                   Paragraph Number

17                    Report of the Cabinet – Supplementary                     3

                        Estimate and Reduced Capital Receipt –

                        North Weald Airfield Market Operator

To consider the attached restricted report.

Mover:  Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report seeking a District Development Fund supplementary estimate and proposing a reduction in a Capital Receipt.

Report as first moved ADOPTED

            RESOLVED:

            That a District Development Fund (DDF) supplementary estimate and a reduction in a Capital Receipt for 2011/12 and DDF provision and a reduction in a Capital Receipt for 2012/13 for the amounts set out in the report of the Cabinet be approved in order to meet the cost of a reduction in the licence fee and infrastructure charge payable by the market operator during the current and next financial years.