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:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The Assistant Director (Governance and Performance Management) 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.

RESOLVED:

That in the absence of the Vice Chairman Councillor B Rolfe be appointed as Vice Chairman for the duration of the meeting.

To approve as a correct record and sign the minutes of the meeting held on 20 February 2014 (attached).

RESOLVED:

That the minutes of the meeting held on 20 February 2014 be taken as read and signed by the Chairman as a correct record.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

(a)       Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)      John Markham

To note that John Markham submitted a letter of resignation as a District Councillor dated 17 March 2014 and received by the Proper Officer on 18 March 2014. As the vacancy arises within six months of the date that John Markham’s term of office would have expired, the election to fill the vacancy will take place at the next ordinary District Council elections (22 May 2014).

John Markham has moved to Somerset. In recognition of his 12 years service representing the Loughton St John’s ward an award will be sent to him.

Background Paper: Letter of resignation dated 17 March 2014.

(a)       Announcements by the Chairman of the Council

(i)           High Sheriff’s Awards

The Chairman reported that she had attended the High Sheriff’s Awards evening held at the Anglia Ruskin University in Chelmsford. She advised that many of the Epping Forest District’s services had been successful in obtaining grants. The Youth Council and the Loughton Youth Project had been nominated for the High Sheriff’s Shield, with ReUse being nominated for the Volunteer Centre Essex Award. Although none were successful they did receive certificates recognising the work that they had been doing. The Chairman stated that she had been pleased to see the Waltham Abbey Youth 2000 group receive the Essex County Fire and Rescue Service Shield. She stated that this had been a very successful evening for the Epping Forest District.

(ii)          Civic Awards

The Chairman reported that the Civic Awards had been a very successful event and this year Sandra and John Newman had been the worthy winners of Citizen of the Year and James Lingfield, Young Citizen of the Year.

 (iii)      Jack Petchey Awards

The Chairman reported that she was joined by the Vice-Chairman, Councillor Tony Boyce to present Jack Petchey Awards to two young people that had been on work experience at the EFDC Staff Canteen at the Civic Offices.

Voluntary Action Epping Forest had organised the presentation of Outstanding Achiever certificates toKerrie Ann Johnson and Tristram Griffiths, who despite having learning difficulties, worked incredibly hard alongside a skilled cook providing kitchen support.

(iv)      Epping Forest Youth Council Induction

The Chairman reported that the election of the Youth Council had taken place and the new Youth Councillors had spent two days meeting as a group including a day at the at the Lambourne End Activity Centre which had given them a really good opportunity to get to know each other.

On Tuesday 15 April, the Chairman advised that she had joined the Youth Councillors for a session in the Council Chamber to welcome them and congratulate them on their election success. This had been an opportunity to explain the role as Council Chairman and for the Youth Councillors to ask questions.

(v)       Chairman’s Charity – Abseil

The Chairman advised members that she would be undertaking a sponsored abseil from the Water Tower at Church Langley on Sunday 4 May 2014 at 9.45 am.  She asked Members to support her by completing the sponsorship form which would be available after the meeting.

(vi)      Floral Display

The Chairman announced the she intended to send the flowers from tonight’s meeting to St Clare Hospice, Hastingwood.

(b)       Announcements by the Leader of the Council

The Leader advised that he had no announcements to be made under this heading.

(c)        Announcements by Portfolio Holders

There were no announcements to be made under this heading.

(d)       Councillor J Markham

The Council noted the resignation of J Markham as a District Councillor with effect from 17 March 2014. Members were advised an election to fill the vacancy would be held at  ...  view the full minutes text for item 112.

To answer questions asked after notice in accordance with the provisions contained in paragraph 11.3 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.

(a)          Ninefields Brook, Waltham Abbey

(i)           Question by Mr S Kane to Councillor Breare-Hall, Environment Portfolio Holder

“Can I thank the Portfolio Holder for taking time to join me in visiting the Ninefields Brook.  As he is aware local residents are concerned about the ongoing problem with rubbish in the brook and also the ever growing rat problem. Will he agree to work with the local residents in tidying up the brook and also advise what is being done to solve the problem of rats in the area?”

Response by Councillor Breare-Hall, Environment Portfolio Holder

“I am grateful to Mr Kane for raising this issue with me, and for inviting me to visit the Ninefields Brook. As he indicates in his question, the problem of litter and rat infestation at this site is one of great concern to residents, and understandably so. Whilst I’m pleased to say that the only rat I saw on my visit was suffering from being dead, it was instructive to see the site for myself, and I’m pleased to report that I have already agreed a course of action to address the problems he has highlighted. Namely:

(1)  the immediate baiting of rat nesting sites with a wax based bait; and a further rat baiting programme if necessary;

(2)  a thorough litter pick of the area, including the stream bed;

(3)  flailing of the vegetation on the stream bank, and

(4)  the introduction of a tree and shrub management programme.

In addition to these actions, residents whose properties are adjacent to the Brook have been written to and advised not to put food out for the birds as this is encouraging the rats. The Council has ordered signage to this effect, which should be erected shortly.

I would be delighted to continue working with Mr Kane and other local residents to resolve these problems, and I’m pleased that Waltham Abbey Town Council are working with the District Council to reduce the vegetation on the bank that is in their possession.”

To answer questions asked after notice in accordance with the provisions contained in paragraph 12.3 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 12.4 provides that answers to questions under notice may take the form of:

(a)     direct oral answer;

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

(c)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

There were no questions from members under notice.

To receive reports from the Leader and members of the Cabinet on matters falling within their area of responsibility:

(a)         Report of the Leader;

(b)     Report of the Asset Management and Economic Development Portfolio Holder;

(c)         Report of the Environment Portfolio Holder;

(d)     Report of the Finance and Technology Portfolio Holder;

(e)         Report of the Housing Portfolio Holder;

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

(g)         Report of the Planning Portfolio Holder;    

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

(i)      Report of the Support Services Portfolio Holder.

The Council received written reports from the Asset Management and Economic Development Portfolio Holder, the Environment Portfolio Holder, the Finance and Technology Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, the Planning Portfolio Holder, the Safer, Greener and Transport Portfolio Holder and the Support Services Portfolio Holder.

The Chairman invited the Leader to provide an oral report and other members of the Cabinet give an oral update of their written reports.

(a)          The Leader of the Council

Councillor Whitbread referred to the earlier briefing on the potential new Ongar Academy. He advised Members that although the Council was not the statutory Education Authority it had taken a close interest over many years in the standard of Secondary School provision for Young People in the District. The new Free School proposed was an exciting opportunity to provide better access to quality educational opportunities for Ongar and the surrounding villages.  He applauded the drive and commitment of those parents and other members of the community who had worked hard to take this proposal to the final stage of bidding for Government approval.

The Leader advised Members that he was pleased to be elected by the Leaders of all the Essex Authorities, to become their representative on the full South East Local Enterprise Partnership Board (SELEP). SELEP was amongst the largest of the Enterprise Partnership Boards in the Country and was responsible for the prioritisation and allocation of tens of millions of pounds of investment, to provide the infrastructure and environment for economic development and regeneration. He said he would keep Members advised on the major issues that SELEP were considering, through his regular reports.

Councillor Whitbread reported that in March he had been invited by the Secretary of State for Communities and Local Government, the Rt. Hon. Eric Pickles MP, to attend, with other local authority Leaders in the South East, what the Secretary of State described as a “Fireside Chat”, at the House of Commons.  Essentially this had been a briefing and opportunity to ask questions around the key issues affecting local government, for example, Welfare Reform, Changes to the Business Rate Regime arrangements and the National Planning Policy Framework. The Leader said it was good to see that issues important to the Epping Forest District, such as the protection of the Green Belt, were shared by many other authorities.

The Leader advised that he was pleased to have attended the launch of the Waltham Abbey APP. This was an APP suitable for i-Phones and Android Devices, that provided visitors to Waltham Abbey with information about how to get the best from their time in the Town. He stated that this would be a great asset in bringing people to Waltham Abbey, not only to enjoy themselves, but also to support local businesses.

(b)          Leisure and Wellbeing Portfolio Holder

Councillor Webster advised that the Museum had launched the second of its Arts Council England funded touring exhibitions called Response and Rescue at the Time Machine, Harlow from  ...  view the full minutes text for item 115.

Council Procedure Rule 12.6 provides for questions by any member of the Council to the Leader 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 12.7 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)    where the desired information is in a publication of the Council or other published work, a reference to that publication;

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

(d)    where the question relates to an operational matter, the Leader 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 12.8, 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)        Dog Fouling

Councillor Leonard thanked the Environment Portfolio Holder for his response to the question he had asked last month regarding dog fouling and asked if Officers had yet engaged with the Town and Parish Councils regarding assistance with this problem.

Councillor Leonard stated that he was near to completing a report concerning dog fouling issues which he would like, with permission, to give to the Environment Portfolio Holder in the next few weeks.

Councillor Breare-Hall, the Environment Portfolio Holder replied that Officers were in communication with the Town and Parish Councils over this issue and that there wasn’t anything further to report this evening. He advised Councillor Leonard that he had noted the deadline of his report and that he would get something to him before the report was finalised.

(b)       Council Apprenticeship Scheme   

Councillor Murray referred to the Council Apprenticeship Scheme report and asked the Support Services Portfolio Holder if he:

(i)            would agree that although Epping Forest District Council didn’t always get everything right that this was a scheme that we could be proud of;

(ii)        would also agree that the apprenticeship scheme was really important in giving young people an opportunity to develop work related schemes and job opportunities; and

(ii)           would further agree that the Council was acting as a good example for other local employers to follow and that they should follow suit.

Councillor Ulkun replied that he wholeheartedly agreed with all of Councillor Murray’s  comments.

(c)        The Local Plan

Councillor Philip stated that he and Councillor Jones had encouraged Theydon Bois significantly to be proactive in relation to the Local Plan and that he noted from the report of the Planning Portfolio Holder that he had received a request for designation of a Neighbourhood Plan from Theydon Bois Parish Council.

Councillor Philip asked the Planning Portfolio Holder that as Theydon Bois was the third council to request designation could he be assured that the District Council  had the required resources to deal with this.

Councillor Bassett, the Planning Portfolio Holder advised that there were enough resources. He stated that he had said all the way through the Local Plan process that the Council needed to hear what the residents thought and the Local Plan was a shaping process for the district over the next 20 years.

(d)       Benefits        

Councillor Angold-Stephens asked the Leader of the Council in the absence of the Finance Portfolio Holder, if he agreed that the current benefit situation was a very good news story and if so would he ask the Finance Portfolio Holder to pass on thanks to the Housing Benefits staff who had worked tirelessly to devise and implement the benefits mitigation scheme working with other officers to help residents with their payments and to speedily turn around benefits claims.

The Leader of the Council agreed that it was a good news story and advised that he would be glad to pass it on to the Finance Portfolio Holder. He said the Council’s response  ...  view the full minutes text for item 116.

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

Mover: Councillor Ulkun, Support Services Portfolio Holder

Councillor Ulkun presented a report on the Pay Policy Statement for 2014/15.

The Portfolio Holder advised that Section 38(1) of the Localism Act 2011 required the Council to publish a Pay Policy Statement for each financial year setting out the details of its remuneration policy. Specifically including the Council’s approach to its highest and lowest paid employees.

Report as first moved ADOPTED

            RESOLVED:

That the Pay Policy Statement for 2014/15 attached as Appendix 1 to these minutes be approved.

Report to follow.

Mover: Councillor Whitbread, Leader of the Council

Councillor Whitbread presented a report on the Corporate Plan 2011-2015 – Key Objectives 2014/15.

The Leader of the Council advised that the annual adoption of key objectives and priorities supports the delivery of the Council’s medium-term aims over the four-year period of the Corporate Plan, and provides an opportunity to focus attention on the achievement of specific outcomes and areas for improvement.

Report as first moved ADOPTED

            RESOLVED:

That the proposed Key Objectives for 2014/15 attached as Appendix 2 to these minutes be adopted.

(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)                  Constitution and Member Services Standing Panel – Council Meetings: Questions Without Notice from Members – to consider the attached report.

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

The Council received a written report from Councillor Morgan, 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)         Report of the Constitution and Member Services Scrutiny Panel – Questions without Notice from Members at Council Meetings

Mover:  Councillor Philip, Chairman of the Panel

The Council considered proposals for dealing with questions without notice by Members at Council Meetings. The matter had been considered by the Overview and Scrutiny Committee on 1 April 2014.

First amendment moved by Councillor J H Whitehouse and seconded by Councillor J M Whitehouse

That provision be made to enable members to ask supplementary questions in respect of questions without notice.

Lost

Second amendment moved by Councillor G Waller and seconded by Councillor J Philip

That the words in recommendation (1)(a) “with the first 15 minutes giving priority to questions regarding written Portfolio Holder reports and priority during the second 15 minutes to questions on other matters” contained in the recommendations be deleted.

Carried

Report as amended ADOPTED

Resolved:

(1)       That the following changes be made to the procedure for dealing with questions without notice by members of the Council to the Leader of the Council, Cabinet members and the Chairman of the Overview and Scrutiny Committee:

            (a)        the existing time limit for such questions be increased from 20 to 30 minutes;

            (b)        a new provision be added to the Council Procedure Rules that no supplementary questions be permitted in respect of questions without notice; and

            (c)        the following provisions of a Council Protocol approved in 2007 in respect of questions without notice being incorporated in the new revised Procedure Rules covering the following:

(i)         the Chairman’s discretion to extend the period for questions without notice by up to an additional ten minutes; and

                                                (ii)        Chairman to ensure that questions from all political groups and independent members are put;

(2)       That the revisions to the Council Procedure Rules set out in Appendix 3 to these minutes and shown in bold text (underlined) be approved and published as part of the Constitution.

(ii)        Report of the Constitution and Member Services Scrutiny Panel – Petitions Scheme - Review

Mover:  Councillor Philip, Chairman of the Panel

The Council considered proposals agreed by the Overview and Scrutiny Committee on 1 April 2014.

Report as moved ADOPTED

Resolved:

(1)        That the redrafted Council Petitions Scheme attached as Appendix 4 to these minutes be adopted and incorporated into the Council’s Constitution; and

(2)       That the revised website information on petitions attached as Appendix 5 to these minutes be noted.

To note the attached decision taken by the Leader of the Council to approve an additional term of reference for the Cabinet Committee.

The Council noted a Leader Decision taken to revise the Terms of Reference to the Council Housebuilding Cabinet Committee by the addition of a new paragraph 12 as below:

“To approve applications to the Homes and Communities Agency (HCA) (or any successor body) to obtain HCA Investment Partner Status (or similar), in order to enable the Council to seek funding from the HCA, and to approve funding bids to the HCA for developments within the Council House Building Programme.”

To note the attached decision taken by the Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules.

The Council noted that the Chairman of Council had agreed to waive the call-in period in respect of this decisions due to the urgency of the bid being submitted by 12pm on the 30 April 2014.

Recommendation:

That the undermentioned post holders be appointed to the roles shown:

(Monitoring Officer) Following completion of Stage 1 of the Staff Restructuring,

the Council is asked to approve the appointment of officers to the following roles:

(a) Freedom of Information and Re-Use of Public Sector Information Officer and Deputy; (b) Deputy Monitoring Officer; and (c) Deputy RIPA Officers.

The Council received recommendations from the Monitoring Officer that the undermentioned be noted.

Resolved:

That the undermentioned post holders be appointed to the roles as shown.

(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.

The Council noted reports from Councillor Kane regarding the Waltham Abbey Royal Gunpowder Mills and Councillor Morgan regarding the Stansted Airport Community Trust.