Agenda and minutes

Council - Thursday 22nd February 2018 7.30 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Council Secretary: Simon Hill  Tel: 01992 564249 Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

87.

Webcasting Introduction

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Assistant Director of Governance and Performance Management will read the following announcement:

 

“The chairman 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.”

Additional documents:

Minutes:

The Assistant Director, Governance 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.

88.

Councillor B Surtees

The Council is invited to stand for a minute’s silence in tribute to the memory of  Councillor Brian Surtees who has recently passed away.

 

Councillor B Surtees represented the Chipping Ongar, Greensted and Marden Ash Ward of the District as a Liberal Democrat Councillor from 2014 to 2018.

 

He served on many of the Council's member bodies during this time, including Licensing Committee as Chairman, Adjudication Sub-Committee – Epping Forest Standards Committee, Area Plans East Sub-Committee, Communities Select Committee, Complaints Panel, Governance Select Committee, Grant Aid Review Task and Finish Scrutiny Panel, Joint Consultative Committee, Neighbourhood Select Committee, Overview and Scrutiny Committee, Planning Service Scrutiny Panel, Portfolio Holder Advisory Group on Superfast Broadband, Safer, Cleaner, Greener Scrutiny Panel, Standards Committee, Transformation Task and Finish Panel and Youth Engagement Review Task and Finish Panel.

 

Pursuant to Section 89(3) of the Local Government Act 1972, no election will be held in the until May 2018.

Additional documents:

Minutes:

It was with much sadness that the Chairman informed the Council of the death of Councillor Brian Surtees.

 

Councillor B Surtees had represented the Chipping Ongar, Greensted and Marden Ash Ward of the District as a Liberal Democrat Councillor from 2014 to 2018. He had served on many of the Council's Committees, Sub-Committees, Select Committees and member bodies during this time. He had also been a very active member of his local community, an Ongar Town Councillor and Minister for the Church of England.

 

Members paid tribute to the memory of Councillor B Surtees and stood for a minute’s silence in his memory.

89.

Councillor D Collins

The Council is invited to stand for a minute’s silence in tribute to the memory of  former Councillor Diana Collins who passed away on 13 February 2018. Former Councillor Collins represented the Passingford Ward of the District as a Conservative Councillor from 2001 to 2012 and was the Leader of the Council from 2006 to 2011 and the Leader of the Conservative Group from 2004 to 2011.

 

Councillor Collins served on many of the Council’s member bodies during this time, including the current and former Area Plans Sub-Committees, the Finance and Performance Management Cabinet Committee, the Joint Consultative Committee, the Licensing Panel, the Local Development Framework Cabinet Committee, the North Weald Airfield Strategy Cabinet Committee and the previous Overview and Scrutiny Committees. She also represented the Council on many outside organisations, including the Epping Forest Local Strategic Partnership, the Association of Essex Authorities, the Care and Repair Management Committee, the Waste Management Partnership Board, the East of England Regional Assembly, the Corporation Board of Epping Forest College, the East of England Local Government Association and the General Assembly of the Local Government Association.

 

Additional documents:

Minutes:

It was with much sadness that the Chairman informed the Council of the death of former Councillor Diana Collins.

 

Diana Collins had represented the Epping Hemnall Ward between 1991-1999 and the Passingford Ward between 2001 and 2011 as a Conservative Councillor. She had been the Leader of the Council between 2006 – 2011 and Leader of the Conservative Group from 2004 to 2011. She had served and attended many of the Executive Committees, Sub-Committees, Select Committees and Outside Bodies that had related to her Executive position. She had also supported a large number of local charities and charity groups in the district.

 

Members paid tribute to the memory of former Councillor D Collins and stood for a minute’s silence in her memory.

 

90.

Minutes pdf icon PDF 159 KB

To approve as a correct record and sign the minutes of the meeting held on 14 December 2017 and 21 December 2017(attached)

Additional documents:

Minutes:

            RESOLVED:

 

That the minutes of the Council meetings on 14 December 2017 and 21 December 2017 be taken as read and signed by the Chairman as a correct record.

91.

Declarations of Interest

To declare interests in any item on the agenda.

Additional documents:

Minutes:

(a)          Pursuant to the Council’s Staff Code of Conduct, S Hill  (Assistant Director of Governance) declared a personal interest in agenda item 18 (Appointment of Returning and Electoral Registration Officer and Associated Matters). He advised that he had determined that his interest was pecuniary and that he would leave the meeting for the consideration and voting on the matter.

 

(b)          Pursuant to the Council’s Staff Code of Conduct, D Macnab (Deputy Chief Executive and Director of Neighbourhoods), C O’Boyle (Director of Governance) and R Palmer (Director of Resources) declared a personal interest in agenda item 22 (Appointment of Acting Chief Executive and Associated Matters). They advised that they had determined that their interest was pecuniary and that they would leave the meeting for the consideration and voting on the matter.

 

(c)          Pursuant to the Council’s Staff Code of Conduct, A Hall (Director of Communities) declared a personal interest in agenda item 22 (Appointment of Acting Chief Executive and Associated Matters). He advised that he had determined that his interest was non-pecuniary but he would leave the meeting for the consideration and voting on the matter.

 

(d)          Pursuant to the Council’s Staff Code of Conduct, S Hill (Assistant Director of Governance) declared a personal interest in agenda item 22 (Appointment of Acting Chief Executive and Associated Matters). He advised that he had determined that his interest was non-pecuniary and he would remain in the meeting for the consideration and voting on the matter.

92.

Announcements

(a)        Apologies for Absence

 

(b)        Chairman’s Announcements

Additional documents:

Minutes:

(a)          Announcements by the Chairman of Council

 

(i)            Chairman’s Events

 

The Chairman advised that he had attended and represented the Council at a number of events around the District since the last meeting.

 

(ii)           Chairman’s Civic Dinner

 

The Chairman asked Members to advise the Chairman’s Secretary, Pat Seager whether they were attending the Chairman’s Civic Dinner on Friday 16 March 2018.

 

(iii)          Floral Display

 

The Chairman announced that he intended to send the flowers from tonight’s meeting to Councillor S Stavrou.

93.

Public Questions (If Any) pdf icon PDF 53 KB

To answer questions asked after notice in accordance with the provisions contained within Part 4 of the Council 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 any Portfolio Holder; or

 

(c)        to the Chairman of the Overview and Scrutiny Committee.

 

Questions, if any, will follow if not received in time to be incorporated into the agenda.

Additional documents:

Minutes:

(a)          Traders at the Debden Broadway

 

Question from Duncan Gould to Councillor A Grigg, Assets and Economic Development Portfolio Holder

 

“I would like to ask some questions at the meeting on Thursday 22 February as set out below. Some context is put at the start to clarify the questions.

 

The responses just received from a detailed written survey completed by approximately 30 (out of around 45) of the traders on Debden Broadway tell us at least three things:

 

·                     many of the businesses are suffering badly, unfortunately made worse by the opening of new business park, as footfall is being taken away from the Broadway (unlike was expected);

 

·                     the rent rises being seen of c40% this year will for many put them out of business. Even small rises are unsupportable for some of the traders. It seems keys may soon be handed back by more than a few traders, potentially worsening footfall and income to the Council; and

 

·                     the traders’ own customers are saying that the severely inadequate parking caused by recent changes is putting those customers off coming back. 

 

Hence my questions are:

 

1.            What do you think is really going on, and what steps can be taken straight away to ensure that this historic shopping area survives before businesses collapse/customers go elsewhere?

 

2.            The traders themselves in the survey have detailed a number of recommendations. How can their first-hand experience of the situation also best be assessed and acted on with some urgency? And

 

3.            What else would need to happen to move this issue forward with pace?”

 

Reply of Councillor A Grigg, Assets and Economic Development Portfolio Holder

 

“I would like to thank Mr Gould for his question that covers a number of related points.

 

The Council manages a significant commercial estate comprising of commercial, light industrial and retail premises, in numerous locations across the District.  As with all the Council’s assets, income received from shops and businesses in The Broadway goes towards funding the public services provided by this Council on behalf of everyone who lives and works in our District.   It is, therefore, very much in the Council’s interest, to ensure that The Broadway continues to thrive and remain a vibrant local shopping centre.

 

In the past, consultants reported that 85% of spending by Epping Forest residents was being spent outside our District.  This led Members to invest in the Shopping Park in order to encourage a shift in that trend by giving our residents more opportunity to spend in our area.   This, in turn, enables us to continue with our policies of quality services combined with low Council Tax.

 

In the Broadway, as with any High Street, some businesses do better than others for a variety of reasons, and some traders have concerns that their businesses are not performing to their expectations.   However, I can confirm that demand for premises on The Broadway remains at a high level.  There are significant levels of interest in any unit that becomes vacant, with demand well in excess  ...  view the full minutes text for item 93.

94.

Questions By Members Under Notice

To answer questions asked after notice in accordance with the provisions contained within the Council Rules in Part 4 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.

 

The Council Rules provide 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.

 

Question to Councillor W Breare-Hall, Portfolio Holder for Environment Portfolio Holder by Councillor R Butler.

 

“Could the Environment Portfolio Holder confirm that the tons of waste paper collected weekly by our waste contractor throughout Epping Forest is actually being recycled and not shipped off to a landfill site far away?

 

There have been recent reports in the media that waste paper being shipped off to India and other countries and not being recycled but left in landfill sites. Could the portfolio Holder guarantee that this is not happening in Epping Forest?”

Additional documents:

Minutes:

Question to Councillor W Breare-Hall, Portfolio Holder for Environment Portfolio Holder by Councillor R Butler.

 

“Could the Environment Portfolio Holder confirm that the tons of waste paper collected weekly by our waste contractor throughout Epping Forest is actually being recycled and not shipped off to a landfill site far away?

 

There have been recent reports in the media that waste paper being shipped off to India and other countries and not being recycled but left in landfill sites. Could the portfolio Holder guarantee that this is not happening in Epping Forest?”

 

Answer to Councillor R Butler from Councillor W Breare-Hall, Portfolio Holder for Environment Portfolio Holder.

 

“Ensuring the public can have confidence that the material they sort and put out for recycling is actually being recycled is very important, and something this Council takes very seriously. Articles in the press that highlight rogue traders and bad practice can inevitably cause concern.

 

I am pleased, therefore, to have this opportunity to reassure Epping Forest residents that all the recyclable material processed on our behalf by Biffa, our waste and recycling contractor, is indeed being recycled, and is not sent to landfill. 

 

Biffa take the recycling collected from our doorsteps to their Material Recycling Facility in Edmonton, where it is separated, sorted and sold on to various companies who then use those materials in their manufacturing processes. Until recently, all of the paper produced by the Material Recycling Facility was being sold to China. This has now changed, due to the Chinese Government’s decision to encourage the use of their own recycling materials. However, Biffa continue to sell the recycling materials to other national and international businesses for use as raw material.

 

I hope this alleviates any concerns Cllr. Butler had, and I encourage him and all our residents to continue recycling as much of their waste as possible, safe in the knowledge that they really are helping reduce our impact on the environment.”

95.

Reports from the Leader and Members of the Cabinet pdf icon PDF 70 KB

To receive reports and any announcements 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 Housing Portfolio Holder (attached);

 

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

 

(g)        Report of the Planning and Governance Portfolio Holder (attached);

 

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

 

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

Additional documents:

Minutes:

The Council received written reports from all the Portfolio Holders. The Chairman invited the Leader to provide an oral report and any other members of the Cabinet to give an update of their written report, if required.

 

(a)          Leader of Council

 

The Leader advised that following the Council decision on 14 December 2017 to agree the Draft Local Plan, they were working towards the submission deadline. He would be supporting the process throughout this period and would be attending the Duty to Co-operate meetings.

 

In addition, he had recently attended sites in Epping, North Weald and Coopersale to look at the construction of new housing stock. He thanked A Hall and P Pledger who had accompanied him and advised that with the adjusted housing policy, more local residents should benefit from these houses.

 

Lastly, the Leader advise that this would be the last meeting of the current Chief Executive, Glen Chipp. He took the opportunity to thanks him for his loyal service over the pass 5 years and thanked him on a personal level for his support and guidance.

96.

Questions by Members Without Notice

The Council Rules provide for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

 

(i)            reports under the previous item; 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 Rules provide 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 Rules, 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.

Additional documents:

Minutes:

(a)          Epping Forest District Health & Wellbeing Strategy

 

Councillor J H Whitehouse asked the Portfolio Holder for Leisure and Community Services, what consultation had been done with the groups, she thought would benefit by the initiatives in the Epping Forest District Health & Wellbeing Strategy 2018-2028?

 

Councillor G Mohindra, the Health and Wellbeing Champion for West Essex replied on behalf of Councillor H Kane as he had been involved with the Strategy. He assured Councillor J H Whitehouse that the strategy itself had been done in consultation with voluntary groups including VAEF, dentists, opticians and other local groups and he would send a list of organisations to her.

 

(b)          Alternative use of funding for the Police

 

Councillor S Murray asked the Safer, Greener and Transport Portfolio Holder whether any consideration had been given to the District Development Funding for the extra Policing, to be alternatively used to fund the reintroduction of street lighting throughout the hours of darkness in the District.

 

Councillor S Kane advised that many residents had advocated the extra support to the local police and the Safer Communities Programme. Although it was not a statutory service, a three year initiative had been considered to bridge the gap between the shortfall of police officers today and the increase in police officers promised by the Police, Fire and Crime Commissioner, Roger Hurst.

 

(c)          Policing Presence in the District

 

Councillor D Sunger asked the Safer, Greener and Transport Portfolio Holder what was being done to increase the policing presence in the district, especially in the Chigwell area.

 

Councillor S Kane advised that, in addtion to the proposed Council funding for additional police officers, the Council had provided further funding for the Parkguard initiative, which provided a visual reassurance for residents and a valuable method of gathering information. The Council had been working closely with both the Essex Police and Metropolitan Police to provide a police presence in the Chigwell area. He advised that any crimes should be reported to the 101 hotline or if it was emergency to 999. 

 

(d)          Debden Parking Review

 

Councillor C Roberts asked the Safer, Greener and Transport Portfolio Holder that as landlord’s of retail units on The Broadway, Debden and with the current parking review taking place; could this be an opportunity to provide the same concessions to customers as the retail park.

 

Councillor S Kane advised that there were many factors effecting the trading at The Broadway which included the parking. He advised that the Council had a duty to get the balance right between residents, commuters and businesses and the parking review would be the correct process.

 

(e)          Local Plan – Member Involvement

 

Councillor J M Whitehouse asked the Planning and Governance Portfolio Holder whether he could give an update on his commitment to involve members in the implementation of the Local Plan.

 

Councillor J Philip advised that the calendar of meetings had re-established the Local Plan Cabinet Committee and there would be a Members briefing on the 15 March 2018. It had not been  ...  view the full minutes text for item 96.

97.

Motions

To consider any motions, notice of which has been given under Council Rules.

 

Motions, if any, will follow if not received in time to be incorporated into the agenda.

Additional documents:

Minutes:

The Chairman reported that there were no motions to be considered at this meeting.

98.

Pay Policy Statement 2018/19 pdf icon PDF 65 KB

(Technology and Support Services Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor A Lion, Portfolio, Technology and Support Services

 

Councillor A Lion submitted a report regarding the Council’s Pay Policy Statement for 2018/19 which was required by Section 38(1) of the Localism Act 2011 to be published each financial year. It specifically included the Council’s approach to its highest and lowest paid employees.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That, the Council’s Pay Policy Statement for 2018/19 attached as Appendix 1 to these minutes be adopted.

99.

Calendar of Council Meetings 2018/19 pdf icon PDF 79 KB

(Planning & Governance Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: J Philip, Planning and Governance Portfolio Holder.

 

Councillor J Philip submitted a report regarding the Calendar of Council meetings for 2018/19.

 

Report as first moved ADOPTED:

 

            RESOLVED:

 

That, as attached at Appendix 2 to these minutes, the draft Calendar of Council meetings for 2018/19 be adopted.

100.

Treasury Management Strategy Statement 2018/19 pdf icon PDF 78 KB

(Finance Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor G Mohindra, Finance Portfolio Holder.

 

Councillor G Mohindra presented a report on the Council’s Treasury Management Strategy, Annual Investment Strategy and the prudential indicators.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the following documents attached to these minutes as Appendices 3 and 4 be adopted;

 

(a)  Treasury Management Strategy Statement 2018/19;

 

(b)  Minimum Revenue Provision Strategy;

 

(c)  Treasury Management Prudential Indicators for 2018/19 to 2020/21;

 

(d)  Rate of interest to be applied to any inter-fund balances; and

 

(e)  The Treasury Management Policy Statement.

 

101.

Council Budget 2018/19 pdf icon PDF 322 KB

(Finance Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor G Mohindra, Finance Portfolio Holder

 

Councillor G Mohindra presented a report on the Budget and Council Tax Declarations for 2018/19. He thanked Finance Officers for an excellent budget and sound financial advice.

 

There voted for the recommendations (41) namely: R Baldwin, R Bassett, A Beales, N Bedford, H Brady, W Breare-Hall, R Butler, G Chambers, D Dorrell, R Gadsby, L Girling, A Grigg, L Hughes, B Jennings, H Kane, S Kane, H Kauffman, P Keska, J Knapman, A Lion, L Mead, G Mohindra, S Neville, A Patel, J Philip, C C Pond, C P Pond, C Roberts, D Roberts, B Sandler, M Sartin, G Shiell, P Stalker, D Stallan, D Sunger, E Webster, C Whitbread, H Whitebread, J H Whitehouse, J M Whitehouse and D Wixley.

 

There voted against the recommendation (1) namely: S Murray

 

Abstentions (2) namely: R Brookes and S Heap.

 

Report as first moved ADOPTED

 

RESOLVED:

 

Budget

 

(1)          That the list of CSB growth and savings for the 2018/19 budget (set out in Annex 1) be approved;

 

(2)        That the list of District Development Fund and Invest to Save items for the 2018/19 budget (set out in Annexes 2 and 3 to these minutes) be approved;

 

(3)        That the revenue estimates for 2018/19 and the draft Capital Programme for 2018/19 be approved as set out in Annexes 4, 5 (a-f) and 6 to these minutes including all contributions to and from reserves as set out in the attached Annexes;

 

(4)        That the Medium Term Financial Strategy be approved as set out in Annexes 9 a and 9 b to these minutes;

 

(5)        That the 2018/19 HRA budget be approved on the basis that the contribution to the self-financing reserve continues to be suspended, and that the application of rent decreases resulting in an average decrease of 1% from £96.30 to £95.34, be approved;

 

(6)        That the Council's policy of retaining revenue balances at no lower than £4.0M or 25% of the net budget requirement whichever is the higher for the four year period to 2020/21 be amended to no lower than £4.0M or 25% of the net budget requirement whichever is the higher during the four year period up to and including 2021/22;

 

(7)        That the report of the Chief Financial Officer on the robustness of the estimates for the purposes of the Council’s 2018/19 budgets and the adequacy of the reserves (Annex 10 attached to these minutes) be noted.

 

Declaration of Council Tax

 

(8)        That it be noted that under delegated authority the Director of Resources, in consultation with the Finance Portfolio Holder, calculated the Council Tax Base 2018/19:

 

(a)           for the whole Council area as 53,562.8 (Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended); and

 

(b)           for dwellings in those parts of its area to which a Parish precept relates as set out below and in Annex 7 attached to these minutes:

 

Tax Base

 

Abbess, Beauchamp & Berners Roding                                                      224.1

Buckhurst Hill                                                                                            5,211.0

Chigwell  ...  view the full minutes text for item 101.

102.

Overview and Scrutiny Committee pdf icon PDF 101 KB

(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 Rules.

Additional documents:

Minutes:

The Council noted the written report from Councillor M Sartin, the Chairman of the Overview and Scrutiny Committee.

103.

Constitution Working Party Report pdf icon PDF 74 KB

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

Additional documents:

Minutes:

Mover: Councillor M Sartin, Vice-Chairman of the Constitution Working Party, in the absence of the Chairman

 

Councillor M Sartin presented a report of the Constitution Working party following a review of the Procurement Rules.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the Council’s updated Procurement Rules, attached as Appendix 5 to these minutes, be adopted.

 

 

104.

Councillor D Dorrell

Recommendation:

 

To note that in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor D Dorrell has given notice that he has joined the Conservative Group.

 

1. (Chief Executive) The Council has received the required notice under the Local Government (Committee and Political Groups) Regulations 1990 that Councillor D Dorrell joined the Conservative Group on 6 February 2018.

 

2. The Conservative Group has not requested a review of pro rata membership of Committee and Sub-Committee places pending the forthcoming elections.

 

Background Papers: Notice signed by Leader of the Conservative Group dated 6 February 2018.

Additional documents:

Minutes:

The Chairman advised that in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor D Dorrell had given notice that he had joined the Conservative Group.

 

RESOLVED:

 

(1)          That in accordance with the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) Regulations 1990, Councillor D Dorrell had given notice that he had joined the Conservative Group; and

 

(2)          The Council also noted that following this notification there had been no request for a review of pro rata membership of Committee and Sub-Committee places pending the forthcoming elections.

105.

Appointment of Returning and Electoral Registration Officer and Associated matters pdf icon PDF 78 KB

(Monitoring Officer) To consider the attached report.

Additional documents:

Minutes:

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

 

            RESOLVED:

 

            (1)        That, in accordance with the Representation of the People Act 1983 and all related legislation, S Hill, be confirmed as Electoral Registration Officer (ERO) for the Council with immediate effect with authority to appoint deputy or deputies as may be required;

 

            (2)        That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with immediate effect, S Hill 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. This appointment to continue until a further review of the position when a new chief executive was appointed by the Council;

 

(3)        That the Council’s Returning Officer/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 (if required), 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  ...  view the full minutes text for item 105.

106.

Extraordinary Council Meeting

Full Council 24 April 2018 to confer the Freedom of the District on 56 Squadron RAF

 

(1)          That a special meeting of Epping Forest District Council be convened at 7pm on 24 April 2018 for the sole purpose of conferring the Freedom of Epping Forest District on  Number 56 Squadron RAF, and

 

(2)          That subject to approval of recommendation (1) the main meeting of Epping Forest District Council commence at 8pm for the purposes of transacting the normal items of business for that evening.

 

National celebrations are being held during 2018 to commemorate the 100th anniversary of the founding of the Royal Air Force on 1 April 1918. To note the special links between the RAF and the District, it is proposed to bring a resolution to Council recommending the conferral of the Freedom of the District upon 56 Squadron which served at North Weald Airfield before and during the Battle of Britain. A special meeting of Epping Forest District Council is to be convened at the earlier time of 7pm on 24 April 2018 for the sole purpose of conferring the Freedom of Epping Forest District. A second meeting to complete other items of business will commence at the later time of 8pm.

 

Section 249(5) of the Local Government Act 1972 (amended by Section 180 of the Local Government Act 1980) provides that a district or borough council may confer such an honour provided a resolution is passed by no less than two-thirds of the members voting at a specially convened meeting of the Council. The title of Honorary Freeman does not confer any rights.

Additional documents:

Minutes:

The Chairman of the Council reported that an Extraordinary Council meeting would be held on 24 April 2018 to confer the Freedom of the District on 56 Squadron RAF and would be followed by the Ordinary Council meeting at 8 pm.

 

            RESOLVED:

 

(1)          That a Extraordinary Council meeting of Epping Forest District Council be convened at 7pm on 24 April 2018 for the sole purpose of conferring the Freedom of Epping Forest District on  Number 56 Squadron RAF be approved; and

 

(2)          That the change of time of the Ordinary Council meeting of Epping Forest District Council to 8pm for the purposes of transacting the normal items of business for that evening, be approved.

107.

Joint Arrangements and External Organisations

(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.

Additional documents:

Minutes:

(a)          The Council received an oral report from Councillor H Kane, the Council’s representative on the Royal Gun Powder Mills Ltd. She advised that a new business plan had been put forward for the future of the Royal Gun Powder Mills. The proposals had been submitted to the foundation company and a joint working arrangement had been suggested with consultations starting between stakeholders, neighbours and EFDC. She would keep members informed on the progress.

 

(b)          The Council received an oral report from Councillor M Sartin, on behalf of Councillor R Morgan, the Council’s representative on the Stansted Airport Community Trust Fund. She advised that two grants from the district had been successful which included the North Weald Airfield Museum and Epping Ongar Railway. Members were advised that there was an opportunity for organisations within a 10 mile radius of Stansted Airport to qualify and asked members to make organisations aware of these grants where possible.

 

(c)          The Council received an oral report from Councillor M Sartin, the Council’s representative on the Stansted Airport Consultative Committee. She advised that  Stansted Airport Ltd had submitted a planning application to Uttlesford District Council, to grow passenger numbers from 35 million to 40 million passengers per annum.

 

(d)          There were no requests made for written reports by representatives on joint arrangements and external organisations for the next meeting.

108.

Exclusion of Public and Press

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

21

Appointment of Acting Chief Executive and Associated Matters

1

 

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

 

Background Papers:  Article 17 of the Constitution (Access to Information) define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

 

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

 

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

 

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

Additional documents:

Minutes:

            RESOLVED:

 

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

 

Agenda                                                                       Exempt Information

Item No           Subject                                               Paragraph Number

 

22                    Appointment of Acting Chief                          1

Executive and Associated Matters

109.

Appointment of Acting Chief Executive and Associated Matters

(Leader) Report to be circulated separately.

Additional documents:

Minutes:

Mover: The Leader of Council

 

The Leader submitted a report regarding the appointment of Acting Chief Executive and Associated Matters.

 

RESOLVED:

 

(1)       That D Macnab, Deputy Chief Executive and Director of Neighbourhoods, be designated Acting Chief Executive with effect from 23 February 2018 for a fixed period until 22 February 2019; on existing terms and conditions and salary of annum (as at 1 April 2017) as outlined in the report;

 

(2)       That an option to extend the arrangement  above (1) for up to 6 months, subject to the agreement of  both parties be agreed;

 

(3)       That, in accordance with Section 4(1) of the Local Government and Housing Act 1989, the Acting Chief Executive be designated Head of Paid Service with effect from 23 February 2018;

 

(4)       That Settlement  Agreements for R Palmer, Director of Resources and C O’Boyle, Director of Governance, be approved;

 

(5)       That the cost of the proposal under (4) be met from existing provision approved in the District Development Fund budget for 2017/18 relating to the implementation of the Common Operating Model;

 

(6)       That the Chief Executive, G Chipp, be authorised to agree and sign off final terms of the Settlement Agreements under (4) above;

 

(7)       That P Maddock, Assistant Director – Accountancy and Deputy Chief Finance Officer, be designated as Chief Finance Officer, on a temporary basis, being the officer having responsibility under Section 151 of the Local Government Act 1972, Section 73 of the Local Government Act 1985 and Section 114 of the Local Government Finance Act 1988 with immediate effect;

 

(8)       That S Hill, Assistant Director – Governance and Deputy Monitoring Officer, be designated as  Monitoring Officer, on a temporary basis, in accordance with Section 5 of the Local Government and Housing Act 1989 and Sections 26-37 of the Localism Act 2011 for the purpose of performing the duties imposed by those sections; and to be responsible for any Parish or Town Councils which are affiliated for the time being to the Epping Forest Standards Committee under Chapter 7 of the Localism Act with immediate effect;

 

(9)       That consequential changes made by the Leader of the Council to the Scheme of Executive Delegation be noted;

 

(10)     That the proposed changes to the Council Scheme of Delegation attached at Appendix 6 be approved; and

 

(11)     That a further report on the Common Operating Model, covering the new management structure for the Council, be brought to Council on 24 April 2018.