Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Assistant Director of Governance and Performance Management 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 of 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.

To approve as a correct record and sign the minutes of the meeting held on 18 February 2016. (attached)

            RESOLVED:

That the minutes of the meeting held on 18 February 2016 be taken as read and signed by the Chairman as a correct record.

The Council is invited to stand for a minute’s silence in tribute to the memory of Standards Committee Independent Person, Roger Pratt who passed away on 15 March 2016 and District Councillor Ken Angold-Stephens who passed away on 8 April 2016.

Roger Pratt served as an Independent Person on the Standards Committee from 27 September 2012.

Ken Angold-Stephen served as a Loughton Residents Association District Councillor representing the Loughton Roding Ward since 2004. In this time he has served as the Chairman and Vice-Chairman of various Council Committee’s including Licensing, Overview and Scrutiny, Task and Finish Panel on Register of Development Proposals, The Pitt Review Task and Finish Panel, Senior Recruitment Task and Finish Panel, Overview and Scrutiny Review Task and Finish Panel, Review of Chief Executive Appointment Task and Finish Panel and the Scrutiny Review Task and Finish Panel. He became the Vice Chairman in 2010/11 and the Chairman of the Council 2011/12.

He was also a Loughton Town Councillor for the Roding Ward from 2004 and had been the Mayor of Loughton Town Council in 2009/10.

It was with much sadness that the Chairman informed the Council of the deaths of Roger Pratt and Councillor K Angold-Stephen.

Roger Pratt had served as the Independent Person on the Standards Committee since 2012 and was an active participate in Voluntary work in Loughton.

Ken Angold-Stephens had served as a Loughton Residents Association District Councillor and Loughton Town Councillor representing the Loughton Roding Ward since 2004. In his role as a District Councillor he served as Chairman and Vice-Chairman on various Council Committee’s which included  Licensing, Overview and Scrutiny, Task and Finish Panel on Register of Development Proposals, The Pitt Review Task and Finish Panel, Senior Recruitment Task and Finish Panel, Overview and Scrutiny Review Task and Finish Panel, Review of Chief Executive Appointment Task and Finish Panel and the Scrutiny Review Task and Finish Panel. He became the Vice Chairman in 2010/11 and the Chairman of the Council 2011/12 and had been a Loughton Town Council Mayor in 2009/10. He was a well respected Member of the Council and a Governor at Staples Road Primary School.

Members paid tribute to the memory of the Standards Committee Independent Person, Roger Pratt and Councillor K Angold-Stephens and stood for a minute’s silence in their memory.

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

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.

(a)        Announcements by the Chairman of the Council

(i)         Flowers

The Chairman advised Members that she would be sending this evenings flowers to Jill Angold-Stephens and her family.

(ii)        Extraordinary Council Meeting

The Chairman advised that an Extraordinary Council meeting had been arranged for Monday 6 June 2016 at 7.30 pm, Civic Offices to consider the planning applications at the Royal Gunpowder Mill, Powder Mill Lane/Beaulieu Drive, Waltham Abbey which had been referred from District Development Management Committee on 20 April 2016.

(iii)       Councillor J M Whitehouse

The Chairman congratulated Councillor J M Whitehouse for recently running the London Marathon in under 3 hours.

Recommendation:

To note that Councillor S Weston resigned as a Councillor on 23 March 2016.

(Returning Officer) Following notification and public notice of the vacancy, a request for an election to fill the vacancy was received, nominations were made, and an election will take place at the same time as other elections on 5 May 2016.

The Council noted that Councillor S Weston had resigned on 23 March 2016. Following that notification and a public notice of the vacancy, a request for an election to fill the vacancy had been received, nominations had been made and the election would take place at the same time as the other elections on 5 May 2016.

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.

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

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 any Member of the Cabinet; or

(d)                  the Chairman of any Committee or Sub-Committee.

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.

The Council noted that there were no questions under notice 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;

(b)        Report of the Assets and Economic Development Portfolio Holder; (attached)

(c)        Report of the Environment Portfolio Holder; (attached)

(d)        Report of the Finance Portfolio Holder; (attached)

(e)        Report of the Governance and Development Management Portfolio Holder; (attached)      

(f)        Report of the Housing Portfolio Holder; (attached)

(g)        Report of the Leisure and Community Services Portfolio Holder; (attached)

(h)        Report of the Planning Policy Portfolio Holder; (attached)

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

(i)         Report of the Technology and Support Services Portfolio Holder (attached).

(a)        The Leader of the Council

The Leader advised that he had attended a number of meetings representing the interests of the authority and highlighted the on going conversations across Greater Essex with regards to devolution. There were a number of authorities who were much keener to pursue an agreement with Central Government. Given that an elected Mayor now seemed to be a requirement for devolution, it seemed clearer that he could not recommend this to the Council or support it, without knowing the cost of bureaucracy involved.

He had been delighted to attend the re-opening of the Museum in Waltham Abbey and thanked the staff for securing the external funding and successfully managing the construction project. The museum was now open and he recommended that all Members should visit.

He had attended a duty to co-operate meeting with Councillors R Bassett and J Philip for the Local Plan and other meetings for outstanding items, so that the Council could deliver a successful Local Plan. The Leader had met with the Local MP, Eleanor Laing to discuss the Green Belt Review and the Settlement Capacity work that had been undertaken and her involvement continued.

Other issues that had been raised through the duty to co-operate meeting were the concerns about the Princess Alexandria Hospital (PAH) and it’s future. He thanked Councillor G Mohindra for being a Champion for health care in the District, who continued to work hard, so that the Districts voice was heard and made sure that PAH got the urgent funding required.

Progress continued with the Council’s Transformation Project, and the Leader had attended one of the staff briefings. He advised that it had been useful to hear staff views on what was going on and assured Members that Transformation was high on the Council’s agenda, to deliver a service that was suitable for the 21^st Century.   

(b)        Leisure and Community Wellbeing

Councillor H Kane advised that the highlight of the year for Leisure and Wellbeing had been the re-opening of the Museum in Waltham Abbey. She appreciated and congratulated the team of Officers for their diligence and dedication to the project and was very proud. The Officers had also produced a short clip on YouTube called ‘Museum on the Move’ for a Museum competition around the world, which had already progressed to round two.

Councillor M Sartin advised that the next opportunity to vote for the short clip was Monday 2 May 2016.

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 thirty 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 at their discretion.

(a)        Buckhurst Hill Parking Review – Briar Close            

Councillor G Chambers asked the Safer, Cleaner and Transport Portfolio Holder whether he could suggest a cost effective solution to an error made on the Buckhurst Hill Parking Review in Briar Close, where the changes had made access to the residential properties almost impossible for emergency and refuse collection  vehicles?

Councillor G Waller advised that the Buckhurst Hill Parking Review had been completed quite effectively, although he had recognised that there were some issues which had not been dealt with satisfactorily. He had been aware that a few adjustments were required and he would gladly meet with Councillor G Chamber in Briar Close to discuss the issue.

(b)        Council Drones

Councillor M Sartin asked the Governance and Development Management Portfolio Holder about the Council’s purchase of drones and whether he could assure Members that;

·         they would be used in a responsible manner;

·         they would assist officers in their work; and

·         there would be policy and training in place before they were used?

Councillor J Philip gave his assurance that the Councils aim was to use the drones in a completely responsible manner and there would be a policy document and operation manual on how they were to be used by mid May 2016 and the end of May 2016 respectively. In addition, the two members of staff that would be operating the drones would be required to sit an exam for the necessary qualifications and obtain an aviation permit. The drones had been brought to assist the Council with aerial photographs, enforcement concerns and Council owned property inspections; saving money for the residents, whilst being in accordance with the law and the Council’s policies.

(c)        Crime Statics

Councillor S Murray asked the Portfolio Holder for Safer, Greener and Transport about the crime statics in Epping Forest and whether they had increased or decreased in 2015/16?

Councillor G Waller advised that the overall trend for Crime in Epping Forest was moving downwards, although there had been blips in the data. The Neighbourhoods Select Committee had received a report regarding an increase in March 2016, because of new types of crime being included in the data such as online fraud and domestic abuse. The trend had continued downwards.

(d)        Local Plan Consultation

Councillor J M Whitehouse asked the Portfolio Holder for Planning Policy about the postponement of the draft Local Plan until autumn 2016 and whether the length of the new consultation would be the same? 

The Leader advised that Councillor R Bassett would supply a fully written explanation to Councillor J M Whitehouse. However, the Leader advised that the deferment had been down to Highways England and the delay in the transport model for the new junction 7a on the M11, which would produce an autumn consultation period.

Furthermore, Councillor J M Whitehouse asked whether the information regarding the Green Belt Review and Settlement Capacity study could be published beforehand, as there would be a mass of information/data that residents would have to  ...  view the full minutes text for item 10.

To consider any motions, notice of which has been given under Council Procedure Rule 13.

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.

(Chairman of Constitutional Working Party) To consider the attached report.

The Chairman of the Constitutional Working Party, Councillor M McEwen presented a report on the new Council Constitution and associated matters.

Amendment moved by Councillor J Philip and Seconded by Councillor C Whitbread

That an additional recommendation be added;

“That an additional paragraph be added to The Rules contained in Part 4 – Rules of the new Constitution under Rule V1 – Voting as follows:

Quasi-judicial meetings – Voting

If a Committee, Sub-Committee or Panel is acting in a quasi-judicial capacity, any member absent for any part of the hearing of evidence for the item of business shall not vote. This may also be subject to such a ruling by the Chairman of the meeting concerned.”

                                    Carried

            RESOLVED:

(1)           That the proposals for a  merged Audit and Standards Committee not be adopted as part of the changes to the constitution;

(2)           That the position of the Audit and Governance Committee and Standards Committee be reviewed in two years’ time;

(3)           That, the membership of the Audit and Governance Committee be increased to five members;

(4)           That the Standards Committee be convened to meet only when there was business to be transacted;

(5)           That the Remuneration Panel be asked to consider the appropriate level of remuneration for the Chairman of the Standards Committee and report back to the Council in due course;

(6)           That, the Housing Appeals and Reviews Panel be discontinued with immediate effect;

(7)           That responsibility for all Housing Appeals and Reviews currently within the scope of the Panel be delegated to the appropriate Assistant Director of Communities and, in the case of Homelessness Reviews, the Housing Options Manager as required, with the appropriate changes being made to the list of officer delegations contained within Part 3 of the revised Constitution;

(8)           That an additional recommendation be added to The Rules contained in Part 4 – Rules of the new Constitution under Rule V1 – Voting as follows:

(i)            Quasi-judicial meetings – Voting

If a Committee, Sub-Committee or Panel is acting in a quasi-judicial capacity, any member absent for any part of the hearing of evidence for the item of business shall not vote. This may also be subject to such a ruling by the Chairman of the meeting concerned.”; and

(9)           That the New Constitution of the Council with the above decisions be adopted with immediate effect.

(a)          To receive the report of the Chairman of the Overview and Scrutiny Committee and to answer any questions without notice asked in accordance with Council procedure rule 12.7(b) and 12.9 (a).

(a)        The Council received a written report from Councillor R Morgan, the Chairman of the Overview and Scrutiny Committee.

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 the Council had agreed that the following decision be treated as a matter of urgency and not subject to call in;

(a)        Waiver of Contract Standing Orders – Tenants’ Decoration Vouchers

That the Council enter into a 12-month supplies contract with Wicks Building Supplies Ltd for the purchase of Tenants’ decorating vouchers following the termination of the previous supply contract with Argos Business Solutions Ltd for a similar scheme through Homebase, based on a budget estimate of £45,000; and

That Contract Standing Order C5, Contracts exceeding £25,000 but not exceeding £50,000, be waived to allow the Council to enter into a contract without seeking competitive tenders, due to the urgency of being able to continue to provide a decorating voucher scheme for new tenants, until such time as a new supplies contract can be tendered.

(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.

(a)        No further updates from Council representatives on any other business of joint arrangements and external organisations were advised; and

(b)        No requests were made for written reports to be made by representatives on joint arrangements and external organisations at the next meeting.