Agenda and minutes

Decisions required:

To confirm the minutes of the meetings of the Committee held on 7 July 2005.

RESOLVED:

That the minutes of the meeting held on 7 July 2005 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services). To report the appointment of any substitute members for the meeting.

It was noted that Councillor Ms S Stravou was substituting for Councillor Mrs M Sartin at the meeting.

(Head of Research and Democratic Services). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

No declarations of interest were made pursuant to the Council Code of Member Conduct.

To consider the attached report.

The Committee was asked to consider the call-in of a portfolio holder decision (numbered EN/001/2005-06) made by the Portfolio Holder for Environmental Protection on 24 June 2005. It was noted that five members had requested that the decision should be called in during the call –in period and the Chairman of the Overview and Scrutiny Committee had determined that the consideration of the call-in should stand referred to this meeting of the Committee.

The decision called in related to the seeking of tenders for the purchase of recycling boxes via the Yorkshire Purchasing Consortium. The committee had before them the original portfolio holder decision and the written notification of call-in.

In accordance with the Overview and Scrutiny Procedure rules the representative of the Councillors calling in the decision (Councillor Mrs J H Whitehouse) outlined their concerns which were summarised on the call – in notification those being:

(i)         The wish for a discussion as to whether lidded bins were appropriate; and

(ii)        To enable greater discussion about recyclable collection.

It was noted by the Committee and those calling in the decision that a further report of the Portfolio Holder had been made to the Cabinet on 5 September 2005 which proposed new arrangements for including plastic recycling as part of the new collection arrangements.

Mrs Whitehouse welcomed the further report to the Cabinet and reiterated her wish for a discussion on the recycling arrangements. The Councillor further queried the cost and practical considerations of using reusable containers for green waste; how the glass recycling pilot would be evaluated; whether the new arrangements would include foil; and arrangements for dry recyclables, whether it was intended to use more then one sack. Mrs Whitehouse further encouraged the use of members’ seminars on important issues.

In response the Portfolio Holder, Councillor D Jacobs stated that the decision as to recycling had been taken by the Cabinet on 20 December 2004 at which time the Cabinet had decided to implement option 5 which had referred to recycling boxes being used. At that time recycling boxes had been one of the cheapest options available to the Council.

As the Cabinet had now decided to collect plastic, boxes were now considered to be inappropriate as the greater recycling volume created further cut down on the amount of residual waste. The recycling created could not be contained in a lidded box. The report to cabinet now sought to use clear plastic sacks.

The portfolio holder reported that in relation to splitting recycling further, they had visited Braintree District Council who used split containers collected separately from the kerbside. The contract in this instance had been let in-house. This Council’s contract however left the contractor to decide on the scheme in consultation with the Council.

It was further noted that the matter of using alternatives to the green waste sacks or aluminium foil had yet to be pursued. In relation to glass collection it was noted that the pilot scheme, funded by DEFRA until December 2005, would only  ...  view the full minutes text for item 36.

(a)            Updated Schedule

The Committee are asked to note the updated schedule.

(b)            Progress reports – Standing and Task and Finish Panels

In accordance with the Overview and Scrutiny Procedural Rules, all Chairman are asked to attend the meeting to report on progress with their work plan and on any recommendations for consideration.

Standing Panels                                                                       Chairman

Finance and Performance Management                         Councillor J M Whitehouse

Housing                                                                                  Councillor S Murray

Planning and Environmental  Services                              Councillor D Stallan

E-Government and Information and

Communication Technology                                                    Councillor F Maclaine

Constitutional Affairs                                                             Councillor R Morgan                                                           

Task and Finish Panels                                              

Externally Funded Leisure and Youth Provision                    Councillor Mrs A Grigg

Register of Development Proposals                                          Councillor F Maclaine

Member Training                                                                      Councillor M Sartin

Traveller Issues                                                             Councillor P McMillan

(a)       Work Programme and Support

The Chairman requested that Chairman and Lead Officers of the un-supported Task and Finish Panels keep their sections of the programme up to date.

(b)            Additional Items for the Programme – PCT Review

The Chairman raised a further issue for inclusion within the programme. A review of arrangements of the Primary Care Trusts in Essex was underway. Proposed changes would have a major impact upon care provision within the district and comments from the Strategic Health Authority were being sought by early October 2005.

It was agreed that the consultation document should be circulated to all members to advise them of the proposals; that the Joint Chief Executive make a holding response to the consultation, pending further discussion at the next meeting with Aiden Thomas, Chief Executive of the Epping Forest PCT.

It was also agreed that the proposed presentation by London Underground Limited (LUL) be deferred to a later meeting given that representatives of LUL would be meeting the Joint Chief Executives in September 2005.

RESOLVED:

(1)            That the proposals for changes to the PCT’s in Essex be copied to all members for information;

(2)            That the Joint Chief Executive make a holding response to the consultation pending discussion at the next meeting;

(3)            That the Chief Executive of the Epping Forest PCT be invited to the next meeting to discuss the proposals and the PCT reaction to them;

(4)            That the matter be added to the work programme accordingly; and

(5)            That the proposed presentation by London Underground Limited be deferred to a later meeting.

(Councillor Mrs D Collins declared a personal interest in the matter relating to the PCT on the grounds that she was chairman of the Epping Forest PCT. The Councillor remained in the meeting during the discussion of the item)

(c)            Progress Reports – Standing and Task and Finish Panels

(i)            Finance and Performance Management

Councillor J M Whitehouse reported on the work of the Finance and Performance Management Standing Panel. The Councillor tabled a written report on the activities of the Panel attached as Annex 1 to these minutes. In summary, the Panel had met on 2 August 2005 and had considered proposals for 37 ‘Core’ Performance Indicators to be monitored during the year. At their next meeting they would begin work on considering budget parameters and would begin work on the Council Plan during the autumn.

(ii)            Housing

The Committee considered and agreed a proposal to co-opt a representative of the Tenant and Leaseholders Federation onto the Housing Panel in a no-voting capacity.

The Chairman of the Panel, Councillor S Murray updated members on the meeting of the Panel held in July 2005. At that meeting the Housing Service Strategies on Older People and Housing Management had been reviewed as had a review of housing applicants by ethnic origin. It was noted that 4 monthly meetings were planned. The next meeting of the Panel would be held on 15 September 2005.

RESOLVED:

That the Tenants and Leaseholders  ...  view the full minutes text for item 37.

Recommendation:

That no alteration be made to the allocation of places on Standing and Task and Finish Panels.

(Head of Research and Democratic Services) The Council, at its meeting on 28 July 2005, undertook a review of the allocation of places to pro rata Committees and made amendments to the membership of this Committee.

The Council also requested that this committee undertake a review of the allocation of places on Panels reporting to the Overview and Scrutiny Committee. Officers have now reviewed the allocation and conclude that no further adjustments are required to Standing Panels, as the results of recent elections do not effect pro rata on a Panel of ten. This is illustrated in the attached appendix.

Allocation to the Task and Finish Panels are made on the basis of interest. Unless members specifically wish changes to be made, it is considered that no changes be made pending the six month review of the programme due shortly.

The Committee noted the alteration to the membership of the Committee following review by the Council at its last meeting.

It was agreed that no changes be made to Panel memberships pending the review of the work programme due at the next meeting.

            RESOLVED:

            That no alteration be made to allocation of places on or membership of Standing and Task and Finish Panels

Recommendation:

To consider any items to be raised by the Chairman at the Cabinet meeting on 5 September 2005.

(Head of Research and Democratic Services). Under the Overview and Scrutiny procedural rules, the Committee is enabled to scrutinise proposed decisions of the Executive. The Chairman is also required to report on such discussions to the Cabinet.

In view of this role, the Committee is asked to consider the 5 September 2005 Cabinet agenda (previously circulated) to see whether there are any items to be raised at that Cabinet meeting.

It was agreed that the following matters would be raised by the Chairman at the Cabinet meeting.

(a)       Views of the Committee on the proposed arrangements for plastics recycling (call-in item referred);

(b)            Support for the Contact Centre Scoping Study report including members wishes for a HR strategy for staff;

(c)            Support for the Cabinet report on the E-Government Strategy; and

(d)            Support for the report on the Paynes Lane, former traveller site.

(Head of Research and Democratic Services). To consider the attached report.

The Committee received a report following discussions at the Constitutional Affairs Panel with the Election Returning Officer regarding matters that had arisen at the last election and proposals for future elections particularly regarding: issuing two poll cards when combined elections were undertaken; arrangements for reminding postal/absent voters; proposals for multiple count centres for next year; and proposed changes to ballot paper book covers to make sure that Presiding Officers received the correct ballots for issuing.

The committee noted the report and requested the Panel be asked to give further consideration to the proposals for multiple count centres.

RESOLVED:

(1)            That the report be noted; and

(2)            That the Constitutional Affairs Panel be requested to give further consideration to the proposals for multiple count centres.

(Head of Research and Democratic Services). To consider the attached report.

The Committee received and agreed a report of the Constitutional Affairs Panel regarding Motions and Questions at Council meetings. It was noted that a report would be made to the next Council meeting seeking the requisite changes to the constitution.

RESOLVED:

(1)            That a report be submitted to the Council recommending that the deadline for submission of written notice of motions and questions by Members of the Council be set at 7 working days prior to the meeting;

(2)            That questions and motions continue to be excluded from the Agenda for Extraordinary Council meetings;

(3)            That a report be submitted to the Council recommending that the Council Procedure Rules be amended to require that any adopted motion:

(a)            stands referred for consideration by the Cabinet if it relates to executive functions;  and

(b)            is subject to consideration and report back to the Council if it involves questions relating to the Policy or Budget Framework, the Constitution or any other matter requiring Council consent; and

(4)            That a report be submitted to the Council recommending that existing practices in relation to questions and answers at Council meetings be amended to provide for copies of reply to be circulated to all members of the Council at the Council meeting in order that questions and answers can be taken as read unless the questioner requires the reply to be given orally.

(Head of Research and Democratic Services). To consider the attached report.

This item was deferred to the next meeting of the Committee