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.

It was with much sadness that the Chairman informed the Council of the death of former District and Waltham Abbey Councillor  Dennis Esau.

Members were informed that Dennis Esau had been a District Councillor for ten years representing the Waltham Abbey Ward’s from 1976 until 1987.

Councillor Watts paid tribute to the memory of Dennis Esau.

The Council stood for a minute’s silence in tribute to the memory of former District Councillor Dennis Esau.

The Chairman to welcome the following newly elected and re-elected members of the Council following the elections held on 22 June 2014.

The Chairman to present declaration of acceptance of office certificates to the 9  newly elected members, Councillors Dorrell, Jennings, Kauffman, Mead, Neville,  Pond, Roberts, Surtees and Weston.

The Chairman to welcomed the following newly elected and re-elected members of the Council following the elections held on 22 June 2014;

Steven Neville                                     Buckhurst Hill East

Sylvia Watson                                     Buckhurst Hill West

Lesley Wagland                                  Chigwell Village

Brian Surtees                                      Chipping Ongar, Greensted and Marden Ash

Janet Whitehouse                               Epping Hemnall

William Breare-Hall                             Epping Lindsey and Thornwood Common

Gagan Mohindra                                  Grange Hill

Chris Roberts                                     Loughton Alderton

Chris Pond                                          Loughton Broadway

Louise Mead                                        Loughton Fairmead

Sharon Weston                                   Loughton Forest

Stephen Murray                                   Loughton Roding

Bob Jennings                                      Loughton St Johns

Howard Kauffman                               Loughton St Marys

Yolanda Knight                                    Lower Nazeing

David Stallan                                       North Weald Bassett

Susan Jones                                       Theydon Bois

Rod Butler                                           Waltham Abbey Honey Lane

David Dorrell                                       Waltham Abbey Paternoster

The Chairman presented declaration of acceptance of office certificates to the seven   newly elected members present, Councillors Dorrell, Jennings, Kauffman, Neville,  Pond, Roberts and Surtees.

Councillor Sartin addressed the Council on her year of office and presented a slide show of the various activities attended. The Chairman reported that she had raised approximately £7,000 for her chosen charities.

Councillors Whitbread, Murray, Angold-Stephens, J M Whitehouse and the Chief Executive, G Chipp on behalf of the staff, expressed their appreciation for the hard work and enthusiasm shown by Councillor Sartin during her year of office.

To elect a Chairman of the Council for the municipal year 2014/15.Nominations received will be tabled. The new Chairman will then make a declaration of acceptance of office.

The nomination of Councillor T Boyce for the Office of Chairman of the Council having been moved formally by Councillor Waller and seconded by Councillor Rolfe, it was:

                        RESOLVED:

                        That Councillor T Boyce be elected Chairman of the Council for the ensuing year.

Councillor Boyce thereupon made a Declaration of Acceptance of the Office of Chairman of the Council and thanked the Council for the honour.  He said that it would be a challenging year with new parties joining the Council but he hoped to enjoy his year and was available to all members.

Councillor Boyce announced that his chosen charities for his term of office would be Ongar War Memorial Hospital, Voluntary service of Ongar and Loughton and VAEF.

Councillor Boyce said that it was not his intention during his year of office to exercise any vote at a Council meeting other than the casting vote, (if required) unless there was a matter of such significance to the local community that he considered it necessary to vote in which case he would indicate before the matter was put to the vote.

                                           Councillor Boyce in the Chair

The new Chairman presented Councillor Sartin with a past Chairman’s badge of office.  Mr J Sartin presented the Escort’s badge to Mrs J Boyce.

To appoint a member to be a Vice-Chairman of the Council for the municipal year 2014/15. Nominations received will be tabled. The new Vice- Chairman will then make a declaration of acceptance of office.

The nomination of Councillor E Webster for the Vice- Chairman of the Council having been moved formally by Councillor Starvou and seconded by Councillor Watts, it was:

                        RESOLVED:

That Councillor E Webster be appointed Vice-Chairman of the Council for the ensuing year.

Councillor E Webster thereupon made a Declaration of Acceptance of Office of Vice-Chairman of the Council and thanked the Council for her appointment.

To approve as a correct record and sign the minutes of the meeting held on 22 April 2014. (attached)

RESOLVED:

That the minutes of the Council meeting held on 22 April 2014 be taken as read and signed by the Chairman as a correct record subject to the substitution of “Councillor J M Whitehouse” for “Councillor J H Whitehouse” in the response to the supplementary question from Councillor J H Whitehouse  regarding the Business Rates (minute 116)(e)).

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

There were no declarations of interest by members of the Council under this item.

(a)        Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)        Members Not seeking Re-Election or Not Re-Elected

To note that;

Tessa Cochrane, Richard Cohen, Jennie Hart, Lance Leonard, John Wyatt, Peter Spencer and Derek Jacobs did not seek re-election on 22 June 2014.

(a)        Announcements by the Chairman of the Council

(i)           Floral Display

The Chairman announced that he intended to send the flowers from tonight’s meeting to Ongar War Memorial Medical Centre, Ongar.

(ii)          David Stannard – Debden Broadway Town Centre Partnership

Councillors Grigg and Angold-Stephens paid tribute to the memory of David Stannard who passed away recently.

(b)       Announcements by the Leader of Council and Portfolio Holders

There were no announcements under this heading.

(c)        Members Not seeking Re-Election or Not Re-Elected

The  Council noted that J Wyatt, T Cochrane, Jennie Hart, L Leonard, R Cohen, P Spencer, D Jacobs had not sought re-election on 10 June 2014.

The  Council noted that J Wyatt, T Cochrane, Jennie Hart, L Leonard, R Cohen, P Spencer, D Jacobs had not sought re-election on 10 June 2014.

Councillor Webster paid tribute to the contributions made to the Council by John Wyatt.

Councillors Murray and Angold-Stephens paid tribute to the contributions made to the Council by Jennie Hart and L Leonard. In addition Councillor Angold-Stephens paid tribute to the contributions to R Cohen and T Cochrane.

Councillor J M Whitehouse paid tribute to the contributions made to P Spencer and D Jacobs, who together had service 38 years on the Council.

In recognition of his 26 years service, the Chairman presented an award to Derek Jacobs. D Jacobs thanked the Council for the award.

The meeting was adjourned whilst a fire drill was carried out.

Report to follow regarding:

(a)  Notice of Constitution of Political Groups, Group Leaders and Deputies;

(b)  Appointments made by the Leader to the Cabinet, Cabinet Committees and Outside Organisations carrying out Executive Functions;

(c)  Membership, Chairmanship and Vice-Chairmanship of Committees, Sub-Committees and Panels (Non-Executive Bodies);

(d)  Appointments to Outside Organisations carrying out Council, Regulatory or non- Cabinet Functions.

The Council will need to vote on (c) and (d) where the number of nominations exceeds the number of places available.

Mover: Councillor Whitbread, (Chairman of the Panel and Leader of the Council)

Councillor Whitbread reported on appointments which he had made to the Cabinet and Cabinet Committees and to outside organisations carrying out Executive functions.

Councillor Whitbread also reported recommendations of the Appointments Panel in relation to the membership, chairmanship and vice-chairmanship of Committees, Sub-Committees and Panels (non-Executive bodies), and to outside organisations carrying out Council, regulatory or non-Cabinet functions.  Councillor Whitbread reported on changes made to the nominations since the Panel had met.

The Council voted on appointments where the number of nominations exceeded the number of places available.

            RESOLVED:  

            (i)         That in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990, the Constitution of Political Groups as set out Appendix A to these minutes be noted;

            (ii)        That the appointments made by the Leader of the Council to the Cabinet and Cabinet Committees and the allocation of Portfolios as set out in Appendix B to these minutes be noted;

            (iii)       That the membership, chairmanship and vice-chairmanship of Committees, Sub-Committees and Panels (non-Executive bodies) as set out in Appendix C to these minutes be approved.

            (iv)       That the appointment of Councillors Waller and Surtees to nominate  Group substitute members on any Committee, Sub-Committee, Panel, Board or Working Group of the Council be noted;

            (v)        That Group Leaders confirm nominations to the Proper Officer for appointments to be made to Panels by the Overview and Scrutiny Committee by 18 June 2014;

            (vi)       That the appointments made by the Leader of the Council to outside organisations carrying out Executive functions as set out in Appendix D to these minutes be noted; and

            (vii)      That appointments to outside organisations carrying out Council, regulatory or non-Cabinet functions be as set out in Appendix E to these minutes.

            Recommendation:

That the scheme of officer delegation for Council and Regulatory Functions be noted .

The scheme of officer delegation for Council and Regulatory Functions was recently reviewed and agreed by Council on 22 April 2014. No changes have been made since that meeting. Any further amendments to the scheme would be required to be agreed by the Council.

The Constitution requires that the scheme of delegation be agreed at the Annual meeting. The current scheme has been issued in Part 3 of the Council’s Constitution.

The Council’s Constitution required that the scheme of delegation be agreed at the Annual meeting. The current scheme had been reviewed and agreed on 22 April 2014 and no further changes had been made. The scheme had been issued in Part 3 of the Council’s Constitution.

RESOLVED:

That the Scheme of Officer Delegation for Council and Regulatory Functions contained within the Part 3 of the Council’s Constitution be agreed.

To note new and revised officer delegation in respect of Executive Functions approved by the Leader of the Council following the 2013/14 review. (attached)

The schedule of Officer Delegation in respect of Executive Functions approved by the Leader of the Council following the 2013/14 review was noted.

RESOLVED:

That the Council noted the new and revised Officer Delegation in respect of Executive Functions agreed by the Leader of the Council following the 2013/14 review contained within Part 3 (3) (Responsibility for Functions) Appendix 6, Scheme of Delegation of Executive Functions to Cabinet Members and Officers of the Council’s Constitution. 

            Recommendation:

That during 2014/15 ordinary meetings of the Council be held on the following dates:

29 July 2014

30 September 2014

4 November 2014

16 December 2014

17 February 2015

19 February 2015 (reserve date for budget meeting)

21 April 2015

26 May 2015 (Annual Council)

At its meeting on 17 December 2013 , the Council adopted a calendar of meetings for the period from May 2014 to May 2015 which included ordinary meetings of the Council for the year.

It is a requirement of the Constitution that a programme of ordinary meetings of the Council be approved at the annual meeting of the Council. The dates set out  above are those adopted on 17 December 2013.

The Extra-ordinary Council meeting proposed for 16 June 2014 is no longer required.

On 17 December 2013, the Council had adopted a calendar of meetings for the period of May 2014 to May 2015, which had included the ordinary meetings of the Council. The Council’s Constitution required that a programme of ordinary meetings of the Council was approved at the annual meeting.  

            RESOLVED:

That during 2014/15 ordinary meetings of the Council be held on following dates:

29 July 2014

30 September 2014

4 November 2014

16 December 2014

17 February 2015

19 February 2015 (reserve date for budget meeting)

21 April 2015

26 May 2015 (Annual Council)

Recommendations:

            (1)        That, in terms of the Representation of the People Act 1983 and all related legislation, Mr Glen Chipp, the Council’s Chief Executive, be confirmed as Electoral Registration Officer for the Council with effect from 15 June 2014 as approved by the Council on 17 December 2013;

            (2)        That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with effect from 15 June 2014, Mr Glen Chipp be appointed as Returning Officer for the Council, with authority to act in that capacity for elections to the District Council and all or any parish and town councils within the Epping Forest District;

(3)        That the Council’s  Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including those in relation to County Council elections, elections to the European Parliament, and for national and regional or local polls and referendums;

            (4)        That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved by the Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums;

            (5)        That in all cases where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable, and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from central government or other local authorities or agencies where this can be done;

            (6)        That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the  Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);  and

            (7)        That any such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, the Council, through its internal insurance fund or otherwise, will indemnify the Returning Officer up to the value of such excess.

1.         (Monitoring Officer) The Council resolved to designate Mr G. Chipp as Registration and Returning Officer at the council meeting on 17 December 2014 (Minute 84(21).

2.         Now that the  ...  view the full agenda text for item 16.

The Monitoring Officer presented a report to the Council regarding the appointment of an Electoral Registration Officer and Returning Officer.

            RESOLVED:

            (1)        That, in terms of the Representation of the People Act 1983 and all related legislation, Mr Glen Chipp, the Council’s Chief Executive, be confirmed as Electoral Registration Officer for the Council with effect from 15 June 2014 as approved by the Council on 17 December 2013;

            (2)        That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with effect from 15 June 2014, Mr Glen Chipp be appointed as Returning Officer for the Council, with authority to act in that capacity for elections to the District Council and all or any parish and town councils within the Epping Forest District;

(3)        That the Council’s  Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including those in relation to County Council elections, elections to the European Parliament, and for national and regional or local polls and referendums;

            (4)        That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved by the Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums;

            (5)        That in all cases where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable, and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from central government or other local authorities or agencies where this can be done;

            (6)        That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the  Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);  and

(7)        That such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, the Council, through its internal insurance fund or otherwise, will indemnify the Returning Officer up to the value of such excess.