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 23 June 2015. (attached)

            RESOLVED:

That the minutes of the Council meeting held on 23 June 2015 be taken as read and signed by the Chairman as a correct record.

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

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor E Webster and J Lea declared a non-pecuniary interest on item 9 - Motions (a) Chairman and Vice Chairman of Council – Mileage Allowances. After taking advice from the Monitoring Officer  and in accordance with section 10.2 (iii) of the Council’s Code of Conduct, where a matter of allowances or payments to Councillors was under consideration, no pecuniary interest would be created for any member of the Council and they would remain in the meeting for the consideration of the item but indicated they would abstain from voting on the matter..

(b)          The Chief Executive declared a non-pecuniary interest for himself as the Head of Paid Service, the Deputy Monitoring Officer, S Hill, the Deputy Section 151 Officer, P Maddock and Director of Neighbourhoods, D Macnab on item 13 - Officer Employment Procedure Rules, which related to changes proposed to any dismissal arrangements for relevant officers under those rules. There was no discretion for the Council in admitting the rules into the Constitution and Officers proposed to remain present during the consideration of the item.

(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 Council

(i)         Events;

The Chairman advised that the Chairman’s Charity Golf Day had raised £740 for the Royal British Legion. She thanked all the people involved in the event in particular the organizers Gary Woodhall, Trevor Johnson and Chigwell Golf Club.

The Chairman advised that there were two events for Members diary’s which were the Civic Carol service on Tuesday 8 December 2015 at Waltham Abbey Church and the Chairman’s Civic Awards on Friday 18 March 2016 at Gilwell Park.

(ii)        Flowers;

The Chairman advised that she intended the flowers from tonight’s meeting to be sent to Mrs A Merrick, the wife of the former Chief Works Officer who had passed away recently.

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 Chairman noted there were no public questions to be considered at 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 Members questions made with notice to be considered at 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; (attached) and

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

The Council received written reports from the Members of the Cabinet.

The Chairman invited the Leader to provide an oral report and other Members of the Cabinet to give an oral update.

(a)          The Leader of Council

The Leader of the Council advised that he had attended the first Essex Leaders and Chief Executive meeting of the municipal year, where devolution had been high on the agenda. Whilst scoping work was being carried out on what powers could be devolved from Central Government, he was concerned by a number of issues such as the governance arrangements and how it would benefit the Council.  The Leader stated that the Council, now needed to give careful consideration about what was required from the arrangement and what would provide best value for the residents in the future.

The Leader attended the South East Local Enterprise Partnership (SELEP), where he was advised that on the 20 July 2015 the Chairman of the Greater Business Board had wrote to the Secretary of State for Communities and Local Government regarding a proposal for a Greater Essex Local Enterprise Partnership, which similarly the Kent and Medway Economic Partnership had also proposed. The proposals contained appropriate transitional arrangements which ensured that the funding already committed to SELEP was spent and that delivery would be secured for Essex.

The Council hosted the Locality Board on the 28 June 2015, which was attended by County Council Divisional Members, Cabinet and the local MP E Laing. Updates were received on the Local Plan; progression on the potential new Junction 7A on the M11, which was the subject of further public consultation; the North Essex Parking Partnership and a possible review of the future Council’s participation; and the Government’s Consultation on Gypsy and Traveller Sites.

The Leader advised that he had been heavily engaged with Councillor W Breare-Hall, Environment Portfolio Holder, in trying to ensure improvements to the immediate problems with the Waste and Recycling Collection arrangements which had included regular meetings with Biffa's Managing Director and Commercial Director about the Council’s feelings regarding the unacceptable performance. There had also been a push to get the contract stabilised and provide a better service than had been delivered since the 12 May 2015.

(b)          Environment Portfolio Holder

The Environment Portfolio Holder, W Breare-Hall advised that there had been continued improvement in the services delivered by the Waste, Recycling and Street Cleansing contractor. On the 20 July 2015 he had met with the Biffa's Managing Director and Commercial Director and had raised the areas of main concern, namely that the collections had been repeatedly being missed and the need for better communication between Biffa personnel and the Council’s staff. Biffa accepted that further improvement were required and reconfirmed their commitment to resolving the issues. The Portfolio Holder reported that the daily average number of missed collections were currently 46, out of 27,000, which had been reduced from around 200 in June 2015. The number of telephone calls was now below 200 per day from  ...  view the full minutes text for item 29.

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 his discretion.

(a)        Reduction in Housing Rents

Councillor S Murray asked the Portfolio Holder for Housing, Councillor D Stallan about whether the implications of the Chancellor’s announcement in the Summer budget regarding rent reductions by 1% per annum over the next four years for councils and housing associations;

(i)            had come to him as a surprise; and

(ii)           whether any further information was available on the options suggested within his Portfolio Holder report, which included;

·                     Reductions in the amount of new Council Housebuilding;

·                     Further borrowing to fund the Council Housebuilding Programme; and

·                     Reduced investment in the Council’s housing stock, resulting in a revised approach to the Council’s recently-introduced Modern Home Standard.

Councillor D Stallan agreed that the reduction would have significant impact on the Housing Revenue Account (HRA) and options were being discussed and Members were being fully consulted. He advised that because of the good financial management of the HRA in previous years, the Council was in a better position than most to deal with the reduction.

(b)        Electoral Registration Process

Councillor B Surtees asked the Portfolio Holder for Governance and Development Management, Councillor J Philip whether there was a possibility that some of the shortfall of responses to the Electoral Registration could be down to the limited ability of residents in dealing with the complicated paperwork and whether guidance could be provided to assist with a simpler explanation of the requirements of the form.

Councillor J Philip advised that the Electoral Registration letters were produced at an appropriate level and it was clearly stated on the form that if anyone had problems completing the form there was a helpline to call. He advised that there were various technological methods available to complete the form, alongside completing a paper copy. He advised that the Council had not wanted to frighten residents, although it was very important to register and complete the required forms.

(c)        Local Plan

Councillor J M Whitehouse asked the Planning Policy Portfolio Holder, Councillor R Bassett whether he planned to make any amendments to the Local Plan time table in response to the Secretary of State for Housing and Planning announcement about a deadline for a Local Plan to be produced by early 2017.

Councillor R Bassett advised that he would look into the progression of the Local Plan, although there had been measured progress because of the need for the duty to co-operate across the bordering authorities and production of a consistent approach. The Council would be producing a document, although with inspector’s decisions being taken into account, there had been further delays to the Council’s Plan. Councillor R Bassett advised that a Local Plan would be produced as soon as possible and hoped that everyone would have been consulted and opinions taken into account.

(d)        Transport for London (TfL) - Addition Car Park Spaces

Councillor K Angold-Stephens asked the Governance and Development Management Portfolio Holder, Councillor J Philip whether the pre-application consultation with TfL on the provision of additional car parking spaces at Epping and Theydon  ...  view the full minutes text for item 30.

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

(a)          Chairman and Vice Chairman of Council – Mileage allowances

Proposed by: Councillor Whitbread

Seconder: Councillor Philip

“(1)      That section (5)(1) of the Members Allowances Scheme be amended to include payment of mileage claims for approved civic duties carried out by the Chairman and Vice Chairman of the Council including Schedule 2 of that scheme which shall include a further subparagraph (p) for which payment can be made, as follows:

‘(p)       Attendance at any civic event to which the Chairman or Vice Chairman is attending in that capacity (or representative) for which Council funded transport is not provided’

(2)        That payment of such claims be met from the within the existing members allowances budget”

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

Chairman and Vice Chairman of Council – Mileage allowances

By leave of the Council, Councillor Whitbread mover of this motion added an additional recommendation to the motion set out in the agenda.

Revised Motion moved by Councillor C Whitbread and Seconded by Councillor J Philip

“(1)      That section (5)(1) of the Members Allowances Scheme be amended to include payment of mileage claims for approved civic duties carried out by the Chairman and Vice Chairman of the Council including Schedule 2 of that scheme which shall include a further subparagraph (p) for which payment can be made, as follows:

‘(p)       Attendance at any civic event to which the Chairman or Vice Chairman is attending in that capacity (or representative) for which Council funded transport is not provided’

(2)        That payment of such claims be met from the within the existing members allowances budget; and

(3)        That the budget for Chairman and Vice Chairman of the Council’s be review and referred to the Governance Select Committee.”

Amendment moved by Councillor Pond and seconded by Councillor Whitbread

“That the words “and public transport” be inserted after “mileage” in paragraph (1).”

Carried

Motion as amended ADOPTED

            RESOLVED:

            That this Council :-

            “(1)      That section (5)(1) of the Members Allowances Scheme be amended to include payment of mileage and public transport claims for approved civic duties carried out by the Chairman and Vice Chairman of the Council including Schedule 2 of that scheme which shall include a further subparagraph (p) for which payment can be made, as follows:

‘(p)       Attendance at any civic event to which the Chairman or Vice Chairman is attending in that capacity (or representative) for which Council funded transport is not provided’

(2)        That payment of such claims be met from the within the existing members allowances budget; and

(3)        That the budget for Chairman and Vice Chairman of the Council’s be review and referred to the Governance Select Committee.”

(a)          To receive the annual 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).

The Council received the Annual Report of the Overview and Scrutiny Committee, Standing and Task and Finish Panels for 2014/15 from the Chairman of the Overview and Scrutiny Councillor R Morgan.

Councillor J M Whitehouse enquired about the timescale for the Waste Service review and what steps would be taken to collate information of resident’s problems and experiences.

Councillor M Sartin, the Chairman of the Neighbourhoods and Communities Select Panel advised that the panel would scope out the details at their first meeting in September 2015 and further dates had been looked at for full scrutiny of the issues.

Councillor B Surtees enquired about Mental Health Services in the District referred to in the annual report, which was regarding young peoples mental health services and advised that there was a need for Adult Services to be reviewed, owing the great stress being placed on the service.

Councillor R Morgan advised that this could be looked at in the future.

Councillor Murray thanked the Chairman of Overview and Scrutiny Committee and the Executive for the commitment and attendance at scrutiny meetings and the positive relationship the Executive had with the Select Panels.

(Proper Officer) At the Annual Council meeting in May there were a number of outstanding appointments to both Committees and Outside Bodies.

No appointment has been made to the position of Vice Chairman of the Standards Committee, a nomination of Councillor C P Pond has been received for consideration.

The Council requested further representation on:

(i)         Epping Forest District Local Strategic Partnership (Executive);

(ii)        Epping Forest Citizens’ Advice Bureau; and

(iii)       North Essex Parking Partnership (NEPP).

The Council has approached these bodies and received the following responses:

The Chairman of the LSP Board has confirmed that an extra representative could be proposed, as the Leader of the Council was also the Chairman of theOne Epping Forest Board.

The Chairman of CAB had consulted the board and had amended their constitution to reflect the Council’s request, allowing for three EFDC representatives, although one representative would have voting rights and two representatives would have a advisory/observer role.

The NEPP advised that a partner authority may appoint another executive member of the same Partner authority to be a substitute member and attend a meeting of the Joint Committee in the absence of the Member appointed but no further appointments could be made under their Constitution.

The Council therefore need to consider their representation on these bodies.

Recommendation:

To consider the following appointments for the remainder of the current municipal year:

(a)          Councillor C P Pond as the Vice Chairman of the Standards Committee;

(b)          Councillor Boyce as the third representative on the Epping Forest District Local Strategic Partnership (Executive);

(c)          Councillor Angold-Stephens as an additional representative on the Epping Forest Citizens’ Advice Bureau;

(d)          To consider which member appointed to the Epping Forest Citizens’ Advice Bureau should have voting rights and which members in the roles of advisory/observer capacity only; 

(d)        To note that an additional representative on the North Essex Parking Partnership (NEPP) is not permissible under its constitution.

Mover: Councillor C Whitbread, Leader of the Council.

Councillor C Whitbread reported on the outcome of the Council’s request for additional representations on Outside Bodies and a vacancy on the Standards Committee from Annual Council.

Report as first Moved ADOPTED

RESOLVED:

That the following appointments be made for the remainder of the current municipal year:

(a)           Councillor C P Pond as the Vice Chairman of the Standards Committee;

(b)           Councillor T Boyce as the third representative on the Epping Forest District Local Strategic Partnership (Executive);

(c)           Councillor K Angold-Stephens as an additional representative on the Epping Forest Citizens’ Advice Bureau;

(d)           That Councillor G Shiell be the representative with voting rights appointed to the Epping Forest Citizens’ Advice Bureau and Councillors K Angold-Stephens and K Chana be in advisory/observer capacity only; and

(e)        That it be noted that an additional representative on the North Essex Parking Partnership (NEPP) was not permissible under its constitution.

To note the attached decision taken by the Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules for;

(a)          Licence For North Weald Market;

(b)          Provision Of New Depot – Oakwood Hill, Loughton

(c)          Tender for Insurance Policies

The Council noted that the Chairman of the Council had agreed that the following decisions had been treated as a matter of urgency and were not subject to call-in;

Assets and Economic Development Portfolio Holder

(a)        Licence for North Weald Market

(1)                    That the Cabinet agreed the recommended course of action proposed by the Asset Management and Economic Development Cabinet Committee that, given the unlikely prospect of an improved trading positon by the current market operator, (Hughmark International), the Council exercised its rights to determine the licence, giving six months notice, by 30 June 2015;

(2)                    That the Council re-tenders the opportunity to hold regular outdoor events on the current market area at North Weald Airfield to include, but not restricted to outdoor markets; and

(3)                    That the results of this procurement exercise be reported to a future Cabinet meeting.

(b)        Provision of New Depot – Oakwood Hill, Loughton

(1)                    That the tender of £2,385,176 from T. J. Evers Ltd to undertake the design, build and construction of the new depot at Oakwood Hill for Grounds Maintenance and Fleet Operations was accepted.

Finance Portfolio Holder

(c)        Tender for Insurance Policies

(1)                    That the outcome of the tender exercise for the Council’s insurance policies and the entering into an agreement with Zurich Municipal for five years with an option to extend for a further two years be noted.

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

Mover: Councillor M McEwen, Chairman of the Constitution Working Group

Councillor M McEwen submitted a report regarding revised Officer Employment Procedure Rules.

Report as first moved ADOPTED

            RESOLVED:

(1)           That the revised Officer Employment Procedure Rules attached be adopted and incorporated into the Council’s Constitution; and

(2)           That the proposed rules be subject to further revision based on Government guidance in 6 months time.

(Chairman of Standards Committee) To consider the attached report.

Mover: Councillor G Chambers, the Chairman of the Standards Committee

Councillor G Chambers presented a report on the new Terms of Reference for the Standards Committee.

Report as first moved ADOPTED

            RESOLVED:

(1)        That the following be approved as the new Terms of Reference for the Standards Committee:

            (a)        promoting and maintaining high standards of conduct by Councillors and Co-Opted Members;

            (b)        assisting Councillors and Co-Opted Members to observe the           Members' Code of Conduct;

            (c)        advising the Council on the adoption or revision of the Members'     Code of Conduct;

            (d)        monitoring the operation of the Members' Code of Conduct;

            (e)        advising, training or arranging to train Councillors and Co-Opted      Members on matters relating to the Members' Code of Conduct

            (f)        considering dispensations to Councillors and Co-Opted Members   (including Parish and Town Councillors) from requirements relating to       interests set out in the Members' Code of Conduct

            (g)        dealing with any reports referred from or on behalf of the     Monitoring Officer on any matter, including investigations relating to Councillor conduct;

            (h)        the exercise of (a) to (g) above in relation to the Parish Councils     wholly or mainly in its area and the members of those Parish Councils    either directly or through joint arrangements from time to time agreed;            and

            (i)         adjudication on complaints regarding the operation of District Council protocols annexed to the Constitution; and

(2)        That the Terms of Reference may be further revised as part of the ongoing review of the Constitution.

(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.

The Chairman informed Members that there were no reports to be considered on the business of joint arrangements and external organisations.

Councillor S Murray requested a report on the Grange Farm Trust and grants received by the Trust.

The Chairman advised that any general reports from joint arrangements and external organisations would be included within the Members Bulletin, although any reports requested directly by Members would be reported directly to Council.