Agenda and minutes

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

It was reported that Councillor Mrs P Smith was substituting for Councillor D Bateman and Councillor K Chana was substituting for Councillor R Church.

(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 reported pursuant to the Councils Code of Conduct.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 2 August 2007.

RESOLVED:

That the minutes of the meeting held on the 2 August 2007 be taken as read and signed by the Chairman as a correct record.

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

It was noted that at its meeting on 11 October 2007, the Panel would be considering proposed changes to the Constitution in respect of the determination of members planning applications and the terms of reference of the Cabinet Committees.

To avoid any changes having to wait until the December 2007 Cabinet meeting it was recommended that the Panel be authorised to report direct to Council on these matters.

In relation to the Cabinet Committees, it was noted that the Constitution currently provides that if the Council's Cabinet was constituted according to pro rata membership requirements, any political group not having representation on Cabinet Committees by virtue of one of the named Cabinet Portfolios shall nominate one member of the Cabinet to serve on each Cabinet Committee.

As Cabinet seats were now allocated solely to one political group, representation on Cabinet Committees from other groups was no longer possible. It was therefore recommended that the Constitution be amended to reflect such circumstances.

It was proposed that the recommendations be revised to enable all Groups with representation on the Cabinet to appoint Members to the Cabinet Committees in accordance with the pro – rata rules.

RESOLVED:

(1)            That the Constitution and Member Services Scrutiny Standing Panel be authorised to report direct to the Council on proposed changes to the Constitution in respect of the determination of members planning applications and  terms of reference of the Cabinet Committees;

(2)            That the Panel be asked to consider an amendment to the proposed wording relating to membership of the Cabinet Committees such that nominations to Cabinet Committee can only be made by Groups having seats on the Cabinet in substitute of the proposed wording.

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

It was noted that Councillor Mrs A Cooper had given notice of resignation from the Conservative Group of the Council. She had also advised that she wished to be referred to as an ‘Independent Member’.

Mrs Cooper was currently a member of the Environmental and Planning Services Scrutiny Panel on the nomination of the Conservative Group.

The Council had agreed that pro rata apply to Overview and Scrutiny Standing Panels. The Overview and Scrutiny Rules provided that membership of these Panels must reflect pro rata requirements with 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.

As a result of these requirements, Standing Panels for 2007/08 had 11 members. In accordance with pro rata, political group entitlement to places on Standing Panels was therefore:

Conservatives – 6 places 

Liberal Democrats – 2 places

LRA Group – 1 place

Independent Group – 1 place

BNP Group – 1 place

The Conservative Group therefore nominated to the vacant seat on the Panel within their allocation. The Committee noted and supported Mrs Coopers wish to remain on the Environment and Planning Services Panel as a non affiliated Member.

RESOLVED:

(1)            That Councillor G Pritchard be appointed to the Environmental and Planning Services Panel as a Conservative Group member and;

(2)            That Councillor Mrs C Cooper be reappointed to the Panel as an Independent Member.

To consider the attached information.

The Overview and Scrutiny Procedural rules state that ‘the Overview and Scrutiny Work Plan should be of a six month duration and be reviewed on a six monthly basis. A review of the work plan was therefore now due. The Committee had before the a copy of their current work plan, two new bids for the work plan and progress reports for the recommendations made by the 2006/07 Task and Finish Panel. The Committee considered each report as follows:

(a)            Current Work Plan

(i)            Overview and Scrutiny Committee

The Senior Democratic Services Officer reported that officers had contacted Harlow and Uttlesford Council to discuss further the proposal to set up a joint scrutiny review of the PCT for the areas. Further details would be submitted to the Committee in due course.

The Committee were reminded that during the recent meeting between the Head Of Transportation for Essex County Council and Members of this OSC, it was agreed that a survey should be undertaken and an item put in the Forester Magazine to canvass users view of rural transport in the District. The results of this would be reported back to the Committee when prepared.

A member felt that the findings of the survey undertaken by Voluntary Action Epping Forest on local rural transport should be incorporated into the review as it might provide some insight into the issues. The Committee agreed that they should await the findings of the new survey before embarking on any other course of action.

(ii)            Constitution and Member Services Standing Panel   

The Panel was next due to meet on the 11 October 2007 and had arranged for an additional meeting to be held on 15 October if their workload required this. Themeeting would complete their review of the Protocol on Outside Organisations and finalise their proposals regarding Cabinet situations in emergency situations. They would also undertake a review of polling stations in the District. A report seeking permission for the Panel to report direct to the Council on the issue due to the timescale involved was elsewhere on the agenda.  It was noted that should a November 2007 election be called, the proposals would not come into effect until after that date.

At its next meeting the Panel was also due to commence its review of the Local Government Bill which was currently in the House of Lords at second reading stage. In relation to this, the Panel would be considering reports on the Electoral Scheme and Overview and Scrutiny Committees and would be asked to express views on the options in the bill on these matters

(iii)            Environmental and Planning Services Standing Panel

The Chairman of the Panel , Councillor Mrs P Smith reported that the Panel had last met on 5 September 2007.

The Panel had given further consideration to the Nazeing Focus Day held in March 2007 this year and had considered an action plan on the issues of concern in that area.  The Panel endorsed the plan and agreed to  ...  view the full minutes text for item 32.

            Recommendation:

            To authorise the Constitution and Members Services Scrutiny Panel to report direct to full Council on 30 October 2007 in relation to a review of polling districts, polling places and poling stations.

(Assistant to the Chief Executive) The Constitution and Members Services Standing Scrutiny Panel will be considering a report at its meeting on 11 October 2007 following a review of polling districts, polling places and polling stations.

The final decision on the review is a matter for full Council and the Committee is asked to authorise the Panel to report direct to full Council on this matter so that the review can be concluded at the Council meeting on 30 October 2007. If this timescale is not achieved it will be necessary to report to the full Council meeting on 18 December 2007 but this will result in a new Register of Electors being published on 1 December 2007 following the annual audit and a revised one being published following the meeting on 18 December 2007 at the conclusion of the review.

It was noted that at its next meeting the Panel would be considering a report following its review of polling stations, polling districts and places.

The Committee was asked to authorise the Panel to report direct to full Council on 30 October 2007 on these matters to facilitate the timescale for this review.

RESOLVED:

That the Constitution and Members Services Scrutiny be authorised to report direct to full Council on 30 October 2007 in relation to a review of polling stations, polling districts and places.

It was noted that in November 2006, the Cabinet considered the provision of free car parking in the Councils off – street car parks. The Cabinet resolved that charges for car parking in the Council’s short stay car parking be retained and free car parking on Saturdays be provided in eight  Council owned long stay and combined car parks.

It was also noted that at a special meeting in January 2007, the OSC called in this decision and agreed to monitor the regime on an six – monthly basis. As a result a review of this scheme was now due. 

The Committee had before them a progress report on the first six months of the arrangements. 

In relation to this, the Portfolio Holder reported that checks had been undertaken by Vinci Car Park staff to monitor usage of the spaces and the length of each stay. This covered all of the car parks under the scheme and monitored the balance between part day and all day stays.

The greatest problems appeared to relate to Smarts Lane in Loughton where half the cars were present for most of the day. It was suggested that this might be due to local employees taking benefit of the free parking arrangements. 

A members suggested that to address the problems at this car park, the time limit for the free parking spaces should be limited to 3 hours. It was noted that there would be costs implications to this proposal.

The Portfolio Holder referred to the intention to make available details of the resource implication of the regime. In relation to this, the Head of Environmental Services reported that this would be reviewed again at the end of the financial year, however, at this half yearly stage, there were no unusual trends. Recent budget analysis suggested that car parking income was on track to meet anticipated income. However there was some loss in income during 2006/07.  Some of which could be attributed to the free Saturday regime. The scheme would be reviewed next year during the budget setting process.

A Member proposed that the Lower Queen’s Road Car Park at Buckhurst Hill be included in the free Saturday regime.

The Portfolio Holder reported that the car park did not fulfil the criteria for the regime as it was a short stay car park. He added that the concerns about the scheme being abused had not materialised. Therefore at this time there seams no reason to change the free parking arrangements.

RESOLVED:

(1)            That the Cabinet be recommended to make no changed to the current free Saturday parking regime; and

(2)            That further six monthly monitoring be undertaken and reported back to the Overview and Scrutiny Committee.

Recommendation:

To consider any items to be raised by the Chairman at the Cabinet meeting on 8 October 2007.

The Committee considered the Cabinet agenda for its meeting on 8 October 2007.

The Chairman undertook to report the following decisions to the Cabinet meeting.

(a)               Decision to disband the Task and Finish Panel on Town Centres Car Parks

(b)               Comments on Free Saturday Carking Regime

(c)               Support of Web – Casting Project