Agenda and minutes

To welcome Members to the first meeting of this Committee for 2006-07. The Council, at its Annual Meeting will appoint the Chairman, Vice Chairman and members of the Committee.

The Chairman welcomed members old and new to the first meeting of the Committee for the new municipal year. He then asked Simon Hill to give a brief introduction to the new members on the aims and objectives of the Overview and Scrutiny.

Decisions required:

To confirm as a correct record the minutes of the meetings of the Committee held on 16 March and 6 April 2006 (attached).

RESOLVED:

That the minutes of the meetings held on 16 March and 6 April 2006 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.

The meeting noted that Councillor Mrs P Smith was substituting for Councillor D Bateman.

(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.

None declared.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

The meeting noted that there was no other business.

Recommendation:

To receive a presentation from Mr David Butler, Principal of Epping Forest College.

(Joint Chief Executive (Community Services). Mr David Butler, the Principal of Epping Forest College will be in attendance to give a short presentation to Members and engage in a question and answer session. This invitation arises as a result of the request made by the college seeking to development part of its site to facilitate redevelopment of the College Campus.

All Members are welcomed to attend this session to put questions directly to Mr Butler or any written questions they may have submitted prior to the meeting.

The Chairman welcomed David Butler, Principal of Epping Forest College and Roger Neville, the Chairman of the College Board. They were there to give a short presentation to the committee on Epping Forest College and its future plans. The invitation had arisen as a result of request made by the collage seeking to develop part of its site to facilitate redevelopment of the College Campus. A copy of their presentation is attached to these minutes for information.

The college is a charity under the Learning and Skills Council (LSC) whose permission was required for them to put their development plans into operation. The LSC also contributed £6.8m to the project. The main objective was to renew the old buildings that are now 60 to 150 years old, provide a new library for Debden, provide a new sports centre for students and the local community, to encourage students not to go to Harlow College (currently 30% of students from Epping District attend Harlow College), to expand their construction/ motor vehicle and hair and beauty facilities and to provide state of the art facilities for the 14 to 19 years olds and the 19+ facilities for local residents. They hoped to open the new facilities in September 2007.

It was noted that the majority of their students were local but they got a lot of interest from Essex County and the London Boroughs. They no longer actively recruited from London Boroughs. The bulk of their business was for the 16-18 year olds, but unfortunately the funding was being withdrawn for their adult education programme. David Butler drew the committee attention to their position in the ‘School and College Achievement and attainment tables 2005’,where they were placed third, after Harlow and Barnet Colleges.

On completion of their presentation they answered questions from the committee.

Q:        We understand that the college has no immediate plans for development of the playing fields opposite the college in Borders Lane.  It is regrettable that the proposal for the skateboard facility that was agreed with the Town Council in principle some years ago has not moved forward.  Can Mr. Butler assure the Council that these plans will be progressed with due expediency bearing in mind that the youth survey some years ago put this at the top of their youth facilities wish list? Furthermore, does the college have any long-term plans for the development of the playing fields?

A:         We are not sure where they currently are with these applications. I am sure the Town Council will come forward with a planning application for the skateboard park soon, and we will make one for a Sports Centre, as in our Development Plan that was submitted to you. We will also make these facilities available to the public/local community, and will include theatre facilities in the main building.

Q:        During the recent District Council elections certain persons made much of perceived law and order problems in and associated with, Epping Forest College.  These allegations are not new. Can Mr  ...  view the full minutes text for item 6.

Decisions required:

(1)            To appoint members to the following Standing Panels in accordance with pro rata in the proportions shown below:

(2)            To consider requests for appointments to Standing Panels by non affiliated members; and

(3)            To appoint a Chairman and Vice Chairman to the following Standing Panels:

1.         (Head of Research and Democratic Services). The Council has agreed that pro rata apply to Overview and Scrutiny Standing Panels only. The Overview and Scrutiny rules provide that the memberships must reflect pro rata requirements and the lowest number of members required to achieve cross-party representation whilst allowing the inclusion of members who are not members of a political group or are not members of the Overview and Scrutiny Committee. This year the Standing Panels should have 11 members.

2.         The Committee are asked to make appointments to Standing Panels in accordance with the Overview and Scrutiny Procedure rules.

3.                  Nominations to Chairman and Vice Chairman of these Panels are excluded from the calculation required under the Council's protocol regarding allocation of Chairman and Vice-Chairman positions between the political groups.

4.            Nominations to the Panels which may be submitted up until the day of the meeting were sought through the Members Bulletin and officer liaison with the Group Leaders. A list of the proposals submitted will be circulated for consideration at the meeting.

The Committee were asked to make appointments to Standing Panels in accordance with the Overview and Scrutiny rules. The Committee were reminded that the Council had agreed pro rata applied to Standing Panels and that membership should be kept to a minimum to allow each Group to have representation .  It was noted that on this basis it had been calculated that Panels would consist of 11 Members.

It was reported that nominations to Chairman and Vice Chairman to Standing Panels were excluded from the pro rata calculation rules required for such positions contained in the Council’s constitution.

RESOLVED:

That the appointments to Standing Panels annexed to these minutes be adopted.

Decisions Required:

(1)            To appoint members to the following Task and Finish Panels in accordance with Overview and Scrutiny procedure rules:

(2)            To appoint a Chairman and Vice Chairman to the Task and Finish Panels

1.         (Head of Research and Democratic Services). The Committee are asked to consider appointments to Task and Finish Panels. The Overview and Scrutiny Co-ordinating Committee has reviewed the requests for reviews and has determined that six Task and Finish Panel Reviews should be undertaken. These are outlined above.

2.         The Overview and Scrutiny Rules state that 'Task and Finish' Scrutiny Panels shall be flexible as to the number of Councillors appointed to membership.  There is no restriction on the numbers appointed.

3.         Any Councillor may be a member of a 'Task and Finish' Scrutiny Panel, save that a member of the Cabinet may not be a member of any Panel which bears directly on his or her portfolio. Additionally no 'Task and Finish' Scrutiny Panel can be comprised of members of a single political group only.

4.                  It is a requirement of the procedure rules that a Chairman and Vice - Chairman should be appointed to each Panel.

5.            Nomination to the Panels which may be submitted up until the day of the meeting were sought through the Members Bulletin and officer liaison with the Group Leaders. A list of the proposals submitted will be circulated for consideration at the meeting.

The Committee were asked to consider appointments to Task and Finish Panels. The Committee noted that five new panels were to be set up.  A sixth panel on Travellers Issues was to continue to a conclusion from last year.

It was noted that any Member could be appointed to Task and Finish Panels. However Cabinet Members would not be able to serve on panels which bore directly on their Portfolio. In addition no panel could comprise of members of a single political group and restrictions on numbers did not apply.

Members were also asked to appoint a Chairman and Vice Chairman to each Panel. 

RESOLVED:

That the appointments to Task and Finish Panels annexed to these minutes be adopted.

(a)        Notes of a meeting of the Overview and Scrutiny Review Panel held on 19 April 2006.

(Chairman of the Review Panel). To consider the attached notes of the Panel meeting. The procedural rules for Overview and Scrutiny are also attached for information.

(b)            Rolling Record of Outcomes

As recommended in the notes above, included is a form designed to record recommendations made by scrutiny and their outcomes. It is envisaged that this will be used to monitor actions taken and highlight areas where actions are required. The form will be sent to the Heads of Service and other officers involved in the process and issued in the section to be set up in the Members Bulletin for scrutiny news. The Committee is invited to consider the draft form and endorse it for implementation.

(a)            Councillor D Stallan, Chairman of the newly reconstituted Overview and Scrutiny Review panel took the committee through the recommendations made by the review panel meeting held in April 2006. The panel had been asked to meet to discuss the outcomes from the recent review seminar held in March 2006 and make any recommendations arising from the seminar to the Overview and Scrutiny Committee.

The Committee firstly considered and agreed the recommendations of the Panel.

            RESOLVED:

(1)            That panel chairmen be asked to report back to the O&S committee only when:

(i)            Standing Panels have commented on a current Executive matter; or

(ii)            Panels are formally reporting their findings on an issue in their work programme; or

(iii)            They are seeking changes to their memberships, working practices, terms of reference, reporting deadlines or any other significant issue;

(2)            That the Leader of the Council and other Portfolio Holders should be asked to the July Overview and Scrutiny Committee meeting, to outline their plans for the year ahead (see Overview & Scrutiny Procedure rules 3 (p));

(3)            That Portfolio Holders be asked to attend the O&S meetings prior to the Cabinet meetings on an exception basis – members will need to ask Democratic Services (through the O&S Committee Chairman) to ask Portfolio Holders to attend the O&S committee meeting to discuss any items that relate to their portfolio that the committee would like more information on; and

(4)              That a separate section of the Members Bulletin to be created to update members on the latest work of the O&S panels, Chairmen of the panels are to be requested to supply any updates they think appropriate – also dates of forthcoming meetings should be listed so interested members could attend if they so desired.

(5)              Recommended that no member should chair more than one panel.

(6)            That a list of the various panels and a brief description of their terms of reference be placed in the Members Bulletin to inform members of the proposed programme for next year indicating that they should contact their Group Leader regarding nominations.

(7)             That reports and investigations should include:

(a)            Details of evidence gathered and reasons for decisions;

(b)            Conclusions that can demonstrate outcomes for further consideration and the annual report;

(8)            That a common format for reports of Panels be devised by Democratic Services.

(9)            That no later than six months after a Task and Finish panel has finished, the Overview and Scrutiny Committee should undertake a review to revisit the outcomes and progression of the recommendations made;

(10)            That Standing panels be asked to review their own recommendations on a six monthly basis;

(11)            That a rolling record of outcomes be established to keep a continuous record of recommendations made and the outcomes of those recommendations; and

(12)            That the Annual Report to be sent out to Town and Parish Councils, local libraries and to each newly elected member.

(13)            That O&S should be more proactive in requesting Public  ...  view the full minutes text for item 9.

(a)            Progress reports

The Chairmen of those Panels that have met since the last meeting of this Committee are requested to attend this meeting to brief Members on current work. The Chairmen to report and date of their Panel’s most recent meeting is below:

(b)                           Updated schedule

Attached.

(c)               New requests for consideration

(i)         Review of Civic Ceremonial (attached)

(ii)                Size of Wheeled Bins (attached)

(iii)            Cabinet Arrangements (attached)

Members are asked to consider these requests to determine whether they should be subject to scrutiny review and if agreed how to take them forward. This may include referral to one of the Panels or the reserve list.

The request on the Civic Ceremonial was raised by the former Chairman of the Council, Councillor B Sandler and is supported by the current Chairman Mrs A Haigh following discussions with officers.  The second was agreed through a motion at the April 2006 Council meeting. The third was also raised at that same meeting.

(a)            Progress Report

Environmental and Planning Standing Panel

Councillor David Stallan, Chairman of the Environmental and Planning Services Standing Panel reported on their last meeting held on 13 April 2006.

The Panel received a presentation from Keith Lawson from Essex County Council who was there to discuss the re-use of buildings in the Green Belt.

The panel had also agreed to set up a sub group to undertake fact finding visits on Neighbourhood and Community Wardens and it would be open to any member who wished to attend. An invitation would be put in the Members Bulletin.

Finance and Performance Management Standing Panel

In the absence of Councillor A Green, the Senior Democratic Services Officer reported that the meeting held on 25 April 2006 had approved the format and structure of the Councils Draft Best Value Performance Plan 2006/07, with the exception that the Customer Charter be placed nearer the front of the document.

(b)            Updated Schedule

The Committee noted the updated schedules.

(c)        New Request for Consideration

The committee reviewed the new requests for consideration making the following allocations.

            RESOLVED:

(1)            That the Review of Civic Ceremonial be allocated to the Constitutional and Members Services Standing Panel;

(2)            That the size of wheeled bins proposal be allocated to the Environmental and Planning Standing Panel – it was noted that this was not to scrutinise the principle of having wheeled bins, just the size of the bins and the recycling of aluminium foil. Councillor Cohen made a plea that the public be encouraged to shred their paper waste to avoid the possibility of identity theft; and

(3)            That the review of Cabinet Arrangements be allocated to the Constitutional and Members Services Standing Panel.

(Head of Research and Democratic Services). To consider the Cabinet agenda for the next meeting on 5 June 2005 separately circulated.

The Chairman of this Committee will report any issues raised verbally at the Cabinet meeting.

Councillor Mrs Whitehouse expressed concern about item 11 on the Cabinet agenda ‘Proposals for Re-tendering the Car Parking Contract’, in so far that no members input had been sought and she asked that the Portfolio Holder be asked to attend a future meeting of the Town Centre and Car Parks Task and Finish Panel to discuss the proposed contract.