Agenda and minutes

Council - Tuesday 27th March 2012 7.30 pm

Venue: Council Chamber - Civic Offices. View directions

Contact: Council Secretary: Ian Willett  Tel: 01992 564243 Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

124.

Webcasting Introduction

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”

Additional documents:

Minutes:

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.

125.

Minutes pdf icon PDF 105 KB

To approve as a correct record and sign the minutes of the meeting held on 14 February 2012 (attached)

Additional documents:

Minutes:

            RESOLVED:

 

            That the minutes of the Council meeting held on 14 February 2012 be taken as read and signed by the Chairman as correct record.

126.

Declarations of Interest

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

Additional documents:

Minutes:

(a)       Pursuant to the Council’s Code of Member Conduct, Councillor Watson declared a personal interest in any matters on the agenda concerning a Service Level Agreement with Buckhurst Hill Parish Council by virtue of being Chairman of that Parish 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 any discussion thereon.

 

(b)       Pursuant to the Council’s Staff Code of Conduct, Mr D Macnab (Acting Chief Executive), Ms C O’Boyle (Director of Corporate Support Services) and Mr R Palmer (Director of Finance and ICT) declared personal interests in agenda item 16 (Committee for the Appointment of a Chief Executive).  They advised that they had determined that their interests were prejudicial and that they would leave the meeting for the consideration and voting on the matter.

127.

Announcements pdf icon PDF 16 KB

(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.

Additional documents:

Minutes:

(a)       Announcements by the Chairman of the Council

 

(i)         Councillor Colin Finn

 

The Chairman advised the Council that Councillor Colin Finn was currently recovering from urgent treatment in hospital and was expected home shortly.  The Council expressed their best wishes to Councillor Finn for a speedy recovery.

 

(ii)        Youth Councillors

 

The Chairman welcomed Youth Councillors to the meeting.

 

(iii)       Attendance at Events

 

The Chairman reported on his attendance at the official opening of the Limes Centre, Chigwell which had also been the launch of a special healthy living festival for Limes Farm.  He drew attention to the attractive new building which had been provided and thanked all the officers involved in this project, especially Julie Chandler (Assistant Director – Community Services and Customer Relations).

 

The Chairman reported on his attendance at the official opening of two projects in North Weald which had been funded through a grant received via Community Infrastructure Funding.

 

The Chairman advised that he had formed part of the judging panel for the County Council’s Big Society Fund at which some difficult decisions had been taken regarding the allocation of funds.

 

The Council noted that on 28 February 2012, the Chairman together with the Vice Chairman had hosted a visit to the Civic Offices by pupils from Braeside School.  The Chairman reported that on 28 February 2012 he had also attended the unveiling of a mosaic in the garden of the Epping Forest District Museum which had been created to commemorate the Museum’s 30th anniversary.

 

The Chairman announced that he had attended the official opening of the Restore Community Centre in The Broadway, Loughton on 9 March 2012.  He reminded members that the Centre would provide a multi agency presence with health, police and Council officers available to work with and support the local community.

 

Members noted that on 10 March, the Chairman had attended the opening of the new ground for Colebrook Royals Football Club at The Grange, Chigwell.  The Chairman pointed out that Colebrook Royals FC which had been established in 1997 now fielded a total of 23 teams including three girls’ teams.  Over 400 had been present at the opening to witness Sir Trevor Brooking CBE unveiling a plaque.  The Chairman expressed his thanks to Chigwell School for their support in relation to the project.

 

The Chairman reported that he had attended a Youth Makes Music concert at Chigwell School on 16 March 2012 which had been organised by the Rotary Clubs of Loughton and Buckhurst Hill and Chigwell.

 

(iv)      Chairman’s Charity – Abseil

 

The Chairman reminded members that he would be undertaking an abseil of the Water Tower at Church Langley on 5 May 2012.  He asked members to support him by completing the sponsorship form which would be available in the Members’ Room after this meeting.

 

(v)       The Floral Display

 

The Chairman announced that he intended to send the flowers from tonight’s meeting to Leonard Davis House, North Weald.

 

(b)       Announcements by the Leader of the Council

 

The Leader  ...  view the full minutes text for item 127.

128.

Public Questions (If Any)

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.

 

Additional documents:

Minutes:

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

129.

Reports from the Leader and Members of the Cabinet pdf icon PDF 25 KB

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.

Additional documents:

Minutes:

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 thanked the Chairman and the officers involved, especially Pat Seager (Chairman’s Secretary) for organising a very enjoyable Civic Awards evening.

 

Councillor Wagland advised that earlier in the day John Houston, Local Strategic Partnership Manager, had helped to complete a bid by Waltham Abbey for some of the money available as a result of the Mary Portas Review of Town Centres.  She announced that the Town Centre Partnership and the Town Council as well as the Local Strategic Partnership and the Chamber of Commerce, local businesses and Council officers had worked hard together to produce a bid within a very tight timescale.

 

Councillor Wagland reported that she had attended a meeting of Essex Leaders and Chief Executives at which County Councillor Castle had made a presentation regarding the Olympics.  He had emphasised the role being played by the county of Essex and had drawn attention to the fact that the torch mechanism had been designed in Basildon and manufactured in Harlow.  Councillor Wagland stated that there had been some discussion about the number of contracts secured by Essex companies in relation to the Olympics and that as part of the legacy over 5,000 Essex companies would receive training in PPQ and procurement which should be of great assistance to them in securing contracts in the future.  The Leader pointed out that this would be the first Olympics to incorporate an “Inspire Mark” which would enable places and events to use the branding “Inspired by the Olympics”.  In relation to transport issues information was expected shortly from the London Councils’ Transport Adviser which would hopefully provide a better picture of the overall transport arrangements in and around London.  Councillor Wagland also reported that the meeting had discussed the proposed Council Tax benefit changes and the difficulties which would arise due to the necessary software not being available when required. She advised that representatives were continuing to be made to the Government about this aspect. The meeting had been advised that in relation to Community Budgets, 15 projects were being pursued across the four areas of focus.

 

Councillor Wagland reported that she had attended a further meeting of the South East Local Enterprise Partnership.  A further £16 million funding had been attracted to add to the previously allocated £33 million for the Growing Places Fund.  She advised that the Partnership had called for reports on the Third River Crossing and Aviation Capacity.  Representations were being made about the shortage of engineers having regard to the number of construction projects  ...  view the full minutes text for item 129.

130.

Questions by Members Without Notice

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.

Additional documents:

Minutes:

(a)        Heritage Assets Review – Buckhurst Hill

 

Councillor Watson suggested that Buckhurst Hill was possibly the only part of the District with no designated Conservation Area.  She advised that many local residents wanted such an area established in order to protect the unique character of Buckhurst Hill.  She sought an assurance from the Planning and Technology Portfolio Holder that he would assist Buckhurst Hill to ensure that they were not at a disadvantage in relation to the Heritage Assets Review which would form part of the Evidence Base for the Local Plan.

 

Councillor Philip, Planning and Technology Portfolio Holder advised that the Council had appointed consultants to undertake a review of Conservation Areas and heritage assets including possible boundary changes and the inclusion or removal of assets from the local list.  He stated that the consultants would engage with local community groups and parish councils to ensure that their views were taken into account.  He emphasised that this would be part of the Evidence Base for the Local Plan and the consultants would be required therefore to produce a technical report based on fact which could be defensible.  Accordingly, the Council would not dictate to the consultants what should be included in the report but would be seeking their views.  The Portfolio Holder advised however that it would be useful if Buckhurst Hill Parish Council and other local councils could compile information which they considered justified the designation of an area and provide that to the consultants.  As all local councils would be treated in a similar fashion the Portfolio Holder gave an assurance that Buckhurst Hill would not be at a disadvantage.

 

(b)       Recycling Centres

 

Councillor Spencer asked the Environment Portfolio Holder if he would approach the London Borough of Redbridge and Hertfordshire County Council regarding the use of their recycling centres by Epping Forest residents on Wednesdays when the recycling centres at Chigwell and Waltham Abbey would be closed.

 

Councillor Knapman, Environment Portfolio Holder explained the reason for the reduction in hours at the local recycling centres and pointed out that there were problems in trying to negotiate arrangements for recycling in a London Borough or another County.  He stated that officers were looking at other ways of increasing the options available.

 

(c)        Essex Police Plan

 

Councillor Murray asked the Safer, Greener and Highways Portfolio Holder if she shared his concern and that of many residents that the four year plan of Essex Police to cut uniformed officers by approximately 400 would result in less police on the frontline.  He also asked the Portfolio Holder if there was any guarantee that the new senior police officer for the area would stay longer than any of his predecessors.

 

Councillor Smith, Safer, Greener and Highways Portfolio Holder reported that she understood from the Police that the new arrangements were working very well.  She stated that the four year plan had been reported to members and there had been a presentation to the Scrutiny Panel which had gone into great  ...  view the full minutes text for item 130.

131.

Motions

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.

Additional documents:

Minutes:

The Chairman reported that there were no motions to be considered at this meeting.

132.

Questions By Members Under Notice pdf icon PDF 15 KB

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.

Additional documents:

Minutes:

(a)        General Fund Underspend

 

Councillor J M Whitehouse asked the Finance and Economic Development Portfolio Holder the following question:

 

“Please list the following figures:

 

(i)         estimated General Fund underspend for 2011/12; and

 

(ii)        actual General Fund underspend for 2010/11, 2009/10, 2008/09”.

 

Councillor Mohindra, Finance and Economic Development Portfolio Holder read the following reply:

 

“(i)        When the budget was set for 2012/13 at Council in February, the estimates for 2011/12 were revised as part of that process.  The third quarter financial monitoring reports that were made to the Finance and Performance Management Cabinet Committee on 19 March and the Finance and Performance Management Scrutiny Panel on 20 March state that the outturn is expected to be in line with the revised estimates.  Therefore, at this stage it is not anticipated that there will be either a significant General Fund underspend or overspend for 2011/12;

 

(ii)        The actual General Fund underspends, compared to the revised estimates, for previous years are listed below –

 

2010/11 - £579,000

2009/10 - £702,000

2008/09 - £432,000”.

 

Councillor J M Whitehouse asked a supplementary question arising from the reply.  He pointed out that approximately £1.7 million had been added to the Council’s reserves over the last three years based on the revised estimates and he asked the Portfolio Holder if he agreed that this provided a possible means of funding for potential community or leisure facilities.

 

Councillor Mohindra pointed out that Council had recently taken on a £185 million debt and that there were still many other uncertainties in relation to the future financing of Local Government.  He advised that the £1.7 million had been accrued at times when the Council had been in a healthy financial position in order to provide some flexibility in more difficult times and to ensure that decisions could be taken which would be of benefit to the community.

 

(b)       Changes to the Right to Buy for Council Tenants

 

Councillor J M Whitehouse asked the Housing Portfolio Holder the following question:

 

“According to your report, under the new Right to Buy arrangements the Council may use only 30% of the receipts from additional Right to Buy sales to fund replacement housing.  Given this, how will you ensure that each dwelling sold is replaced by a new affordable home on a “one-to-one basis” without eating into other Council resources including those required for the Council’s intended additional affordable homes and Council House Building Programme.”

 

Councillor McEwen, Housing Portfolio Holder read the following reply:

 

“The rationale behind borrowing more than the Housing Revenue Account Capital Financing Requirement to make the self-financing payment was to provide flexibility to the Housing Revenue Account in the future.  That flexibility was primarily to allow for an expansion of the house building programme in future years.  However, given the changes to “Right to Buy”, some of this funding can instead be used to support a scheme of one-to-one replacements.  Because the Council has this flexibility it should be possible to deal with this  ...  view the full minutes text for item 132.

133.

Report of the Cabinet - Pay Policy Statement 2012/13 pdf icon PDF 23 KB

To consider the attached report.

Additional documents:

Minutes:

Mover:  Councillor Wyatt, Support Services Portfolio Holder

 

Councillor Wyatt submitted a report proposing the adoption of a Pay Policy Statement for 2012/13.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That the Pay Policy Statement for 2012/13 attached to the report of the Cabinet be approved and published on the Council’s website.

134.

Order of Business

Additional documents:

Minutes:

The Chairman sought leave of the Council to bring forward agenda item 15 (Report of the Epping Forest District Standards Committee).

 

            RESOLVED:

 

            That agenda item 15 be taken as the next item of business.

135.

Report of the Epping Forest District Standards Committee

Additional documents:

Minutes:

Mover:  Mr R Crone, Chairman of the Committee

 

Mr Crone submitted a report following consideration by the Standards Committee of changes made to the regulation of standards of conduct for elected and co-opted councillors which would come into effect under the Localism Act 2011 on 1 July 2012.  He pointed out that from 1 July 2012, the Council had to have in place arrangements for standards in accordance with the requirements of the 2011 Act.

 

Councillor Wagland drew attention to the section of the report advising that existing independent members of the Standards Committee could not become “independent persons”.  She advised that whilst this was clear from the wording of the Act the Government had since acknowledged that it had not been their intention.  Accordingly there was a possibility that further provisions would be made to enable existing independent members to fulfil the role of “independent persons”.

 

Amendment moved by Councillor Wagland and seconded by Councillor Smith

 

“That a Standards Committee be appointed to assume responsibility for the new standards arrangements which will come into operation on 1 July 2012”.

 

Carried

 

The Chairman drew attention to the need for a further detailed report to be considered by the Council and obtained leave of the Council to restrict decisions at this meeting to the establishment of a Committee and the possibility of existing independent members continuing to have a role in the new arrangements.

 

            RESOLVED:

 

            (1)        That a Standards Committee be appointed to assume responsibility for the new standards arrangements which will come into operation on 1 July 2012;

 

            (2)        That, if future legislation permits, existing independent members of the present Standards Committee be invited to be “independent persons” under the new arrangements; and

 

            (3)        That an extraordinary Council meeting be held on 18 June 2012 to receive a further detailed report on the new standards regime to enable decisions to be made on the following arrangements to come into operation on 1 July 2012 as required by the Localism Act 2011:

 

(a)   Proper Officer;

(b)   Standards Committee – Terms of Reference, Constitution and Arrangements for Parish and Town Councils;

(c)   Code of Conduct – Adoption;

(d)   Dealing with Complaints – Procedures and Monitoring Officer’s Authorisations;

(e)   Independent Persons – Register, Advertisement, Appointment Arrangements and Remuneration;

(f)     Registers of Members’ Interests – Preparation, Maintenance and Publication, Format and Standing Order; and

(g)   Dispensations – Determination.

136.

Report of the Cabinet - Supplementary DDF Request for Olympic Torch Relay pdf icon PDF 25 KB

To consider the attached report.

Additional documents:

Minutes:

Mover:  Councillor Gadsby, Leisure and Wellbeing Portfolio Holder

 

Councillor Gadsby submitted a report seeking a supplementary District Development Fund estimate in order to provide funding for the management and public safety of the Olympic torch.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That a supplementary District Development Fund estimate of £15,000 for 2012/13 be approved in order to provide funding for the management and public safety of the Olympic torch.

137.

Report of the Cabinet - Equality Objectives 2013 - 2016 pdf icon PDF 27 KB

To consider the attached report.

Additional documents:

Minutes:

Mover:  Councillor Gadsby, Leisure and Wellbeing Portfolio Holder

 

Councillor Gadsby submitted a report on the requirements set out in the Equality Act 2010 for the adoption of equality objectives by all public authorities.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That the Council’s Equality Objectives for 2013 to 2016 be adopted.

138.

Report of the Finance and Performance Management Cabinet Committee - Amended Treasury Management Strategy Statement pdf icon PDF 22 KB

The Cabinet at its meeting on 12 March 2012 considered a report on the Self-Financing of the Housing Revenue Account and agreed that an amended Treasury Management Strategy Statement should be considered by the Finance and Performance Management Cabinet Committee and that Committee should then report thereon to this Council meeting.

 

The report and an amended Statement will follow after the Finance and Performance Management Cabinet Committee meeting on 19 March 2012.

Additional documents:

Minutes:

Mover:  Councillor Mohindra, Chairman of the Finance and Performance Management Cabinet Committee

 

Councillor Mohindra advised that the Cabinet at its meeting on 12 March 2012 had considered a report on the self-financing of the Housing Revenue Account and had agreed that an amended Treasury Management Strategy Statement should be considered by the Finance and Performance Management Cabinet Committee and that Committee should then report thereon to this Council meeting.

 

Councillor Mohindra submitted a report drawing attention to proposed changes to the Prudential Indicators and the explanatory text supporting the overfunding of the Housing Revenue Account Capital Financing Requirement.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That the amended Treasury Management Strategy Statement and annual Investment Strategy 2012/13 to 2014/15 as attached to the report of the Finance and Performance Management Cabinet Committee be approved.

139.

Overview and Scrutiny pdf icon PDF 64 KB

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

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

(c)   Reports of Overview and Scrutiny Panels:

(i)                  Report of the Constitution and Members’ Services Scrutiny Panel – Appointments at Annual Council Meeting – Review;

(ii)                Report of the Constitution and Members’ Services Scrutiny Panel – Housing Appeals and Review Panel – Terms of Reference

(iii)               Report of the Constitution and Members’ Services Scrutiny Panel – Review of Financial Regulations

(iv)              Report of the Constitution and Members’ Services Scrutiny Panel – Officer Delegation – 2011/12 Review.

Additional documents:

Minutes:

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

 

The Council received a written report from Councillor Bassett, the Chairman of the Overview and Scrutiny Committee.

 

(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)         Constitution and Member Services Scrutiny Panel – Appointments at Annual Council meeting – Review

 

Mover:  Councillor Stallan, Chairman of the Panel

 

Councillor Stallan submitted a report of the Panel following a review of the operation of the new Appointments Panel set up last year.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That the Appointments Panel continue to operate without changes to its terms of reference and continue in operation thereafter until any further review is necessary;

 

            (2)        That the Protocol on the Allocation of Chairmanships and Vice-Chairmanships and Outside Organisations (expect for Sections 6(a) to (c) in the Protocol – the provision for pro-rata for chairmen) be suspended for a further period of one year and then reviewed;

 

            (3)        That Article 5 of the Constitution (in relation to the nomination of the Vice Chairman appointment to Council) be amended by the inclusion of the following words at the end of Article 5.02(c) “and notified each year to the Appointments Panel for consideration and onward recommendation to the Annual Council meeting”; and

 

            (4)        That meetings of the Appointments Panel be held on 10 and 15 May 2012 (if necessary).

 

(ii)        Constitution and Member Services Scrutiny Panel – Housing Appeals and Review Panel – Terms of Reference

 

Mover:  Councillor Stallan, Chairman of the Panel

 

Councillor Stallan submitted a report following a review of two aspects of the Housing Appeals and Review Panel’s terms of reference: the order of presentation at Panel meetings and the exclusion of appeals against banding decisions under the Housing Allocations Scheme.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That the existing order of proceedings at meetings of the Housing Appeals and Review Panel be retained but a new paragraph (to be numbered (7)) be added to the Panel’s terms of reference as follows:

 

            “(7)      If requested by the appellant/applicant or their representative, the Chairman may agree to (6)(b)–(d) taking place after (e)–(g) and to (h) and (i) being reversed”, and that the Constitution be amended accordingly;

 

            (2)        That the appellant/applicant be informed prior to the meeting of their right to change the order of presentation if wanted, as set out in (1) above;

 

            (3)        That the arrangements set out in (1) above be reviewed after six months; and

 

            (4)        That paragraph 1(i) (relating to the banding of an applicant, in accordance with the Housing Allocations Scheme in being at the time of the decision) be removed from the terms of reference of the Housing Appeals and Review Panel and the Constitution be amended accordingly.

 

(iii)       Constitution and Member Services Scrutiny Panel – Review of Financial Regulations

 

Mover:  Councillor Stallan, Chairman of  ...  view the full minutes text for item 139.

140.

Committee for the Appointment of a Chief Executive pdf icon PDF 32 KB

To consider the attached report.

Additional documents:

Minutes:

Mover:  Councillor J M Whitehouse, Chairman of the Committee

 

Councillor Whitehouse submitted a progress report on the recruitment of a Chief Executive.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That the current position concerning the recruitment of a Chief Executive as set out in the report of the Committee be noted;

 

            (2)        That the agenda for the extraordinary Council meeting to be held on 18 June 2012 include an item seeking confirmation of an appointment to the position of Chief Executive; and

 

            (3)        That, in order to provide continuity throughout the recruitment process and, subject to the results of the May District Council elections, the Council agrees that the current Chairman, Vice Chairman and members of the Committee be reappointed at the Annual Council meeting.

141.

Police and Crime Panel - Appointment of Representative

Recommendations:

 

(1)         To appoint one representative to the shadow Police and Crime Panel for Essex;

(2)         To note the proposal that Essex County Council will act as host authority; and

(3)         To note that the Cabinet will identify funds (£2000) for 2012/13 and subsequent years in respect of this Council’s contribution towards the establishment and operation of the Panel by the County Council.

 

 

1.   (Chief Executive) The Government requires that by July 2012, Essex Authorities should have in place operational arrangements for the new Police and Crime Panel for Essex so that once a Police and Crime Commissioner has been elected on 15 November 2012, the Panel can take up its statutory duties.

 

2.   The responsibilities of the Panel will comprise:

 

(a)         requiring the Commissioner or a member of their staff to attend the Panel to answer questions;

(b)         requesting the Chief Constable attends the Panel to answer questions where it has already required the Commissioner to appear before the Panel;

(c)         appointing an acting Commissioner from amongst the Commissioner’s staff if the Commissioner has resigned, has been disqualified from office, or is incapacitated or suspended;

(d)         vetoing the commissioner’s proposed precept if two-thirds of the members of the Panel vote in favour of doing so;

(e)         vetoing the Commissioner’s proposed appointment of a Chief Constable if two-thirds of the members of the Panel vote in favour of doing so;

(f)           reviewing the Commissioner’s draft Police and Crime Plan;

(g)         holding confirmation hearings for the Commissioner’s proposed Chief Executive, Chief Finance Officer and Deputy Police and Crime Commissioner appointments; and deal with complaints made about the PCC.

 

3.   It is intended that Essex County Council will “host” the Panel. It is suggested that all authorities contribute annually to the costs of establishing and operating the Panel, with each district/borough paying £2000, the unitary authorities £6000 each and the County Council £15000. A review of the resource requirements will take place once the Panel has been operational for a 12/18 month period. Funding will be considered by this Council’s Cabinet once the available financial resources have been identified.

 

4.  It is intended that the Panel will operate in “shadow” from June to November 2012 and to achieve this the Council has been invited to nominate one representative by the end of March 2012. Councillor membership of the Panel, when taken together, should reflect the political balance of the force area.

 

5.  At a recent Essex District/Borough Leaders and Chief Executives’ meeting it was suggested that councils should nominate their Portfolio Holder covering community safety or alternatively, the Chairman of the Overview and Scrutiny Committee covering community safety.

 

Background Papers: Letter from the Home Secretary dated 23 January 2012. Email from the Chief Executive of Rochford District Council (co-ordinating nominations) sent on 2 March 2012. 

Additional documents:

Minutes:

The Council considered the appointment of a representative to the shadow Police and Crime Panel for Essex.  Members were advised that there was no business to be considered by the Shadow Panel until June of this year and that an appointment could therefore await the Annual Council meeting.

 

            RESOLVED:

 

            (1)        That the appointment of a representative to the shadow Police and             Crime Panel for Essex be deferred until the Annual Council meeting;

 

            (2)        That the proposal that Essex County Council will act as host authority be noted; and

 

            (3)        That the intention that the Cabinet will identify funds (£2,000) for 2012/13 and subsequent years in respect of this Council’s contribution towards the establishment and operation of the Panel by the County Council be noted.

142.

Joint Arrangements and External Organisations

(a)           To receive from 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.

Additional documents:

Minutes:

The Chairman reported that there were no reports to be considered at this meeting.