Agenda and minutes

Venue: Princes Theatre - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

Contact: Ian Ford  01255 686584

Link: Audio Recording - 3 July 2018

Items
No. Item

32.

Apologies for Absence

The Council is asked to note any apologies for absence received from Members.

 

Minutes:

Apologies for absence were submitted on behalf of Councillors Baker, Bennison, Bush, King, Miles, Scott, Steady and Stock OBE.

 

Apologies for absence were also submitted on behalf of the Chief Executive (Ian Davidson) who was attending the Local Government Association’s Annual Conference with the Leader of the Council (Councillor Stock OBE).

 

33.

Minutes of the Last Meeting of the Council pdf icon PDF 119 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 15 May 2018.

Minutes:

RESOLVED that the minutes of the ordinary meeting of the Council, held on Tuesday 15 May 2018 be approved as a correct record and signed by the Chairman.

 

34.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

Councillor I J Henderson on behalf of himself and Councillors J Henderson, Calver and Fowler declared an interest in Agenda Item 21 – Report of the Head of Leadership Support and Community – A.2 – Community Governance Reviews.

 

35.

Announcements by the Chairman of the Council

The Council is asked to note any announcements made by the Chairman of the Council.

Minutes:

National Democracy Week

 

The Chairman reminded Council that this week was National Democracy Week which the Council was marking in a number of ways. The previous day an “Equaliteas” party marking the 100th Anniversary of Women’s Suffrage had been attended by approximately 50 members of staff. The event had been organised by two of the Council’s Career Track Apprentices who had interviewed Councillor Tanya Ferguson about what had made her decide to become a Councillor.

 

In addition, those attending had been able to see original copies of Suffragette Newspapers and a range of other documents. Attendees had also taken part in an informal poll on the question of whether to lower the voting age to 16. A majority had voted to keep the voting age at 18. Also attendees were encouraged to register online to vote if they were not already a registered voter.

 

The Chairman further informed Members that the Council’s Communications Manager (Will Lodge) would be taking a photograph of the Council’s proceedings whilst holding the National Democracy Week sign and that photograph would be posted on social media whilst the meeting was going on.

 

Armed Forces Day Coffee Morning

 

The Chairman thanked all those Members, Officers and members of the public who had attended and participated in the Armed Forces Day Coffee Morning. He also thanked the Council’s Armed Forces Champion (Councillor Amos) for his role in proceedings.

 

36.

Announcements by the Chief Executive

The Council is asked to note any announcements made by the Chief Executive.

 

Minutes:

There were none on this occasion.

 

37.

Statements by the Leader of the Council

The Council is asked to note any statements made by the Leader of the Council. 

Councillors may then ask questions of the Leader on his statements.

 

Minutes:

Constitution Review Portfolio Holder’s Working Party

 

The Deputy Leader of the Council (Councillor G V Guglielmi) informed Council that he intended to constitute a Portfolio Holder Working Party to carry out a light touch review of the Council’s Constitution. The membership of the Working Party would reflect the broad political balance of the Council and he would be in contact with Group Leaders shortly to seek their suggestions as to which Members would serve.

 

Annual Canvass for Electoral Register

 

Councillor G V Guglielmi also reminded Members that the annual canvass of households in the District for the purposes of maintaining the Register of Electors would be commencing in early August.

 

38.

Statements by Members of the Cabinet

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

 

Minutes:

There were none on this occasion.

 

39.

Petitions to Council

The Council will consider any petition(s) received in accordance with the Scheme approved by the Council.

 

There are none on this occasion.

Minutes:

There were none on this occasion.

 

40.

Questions Pursuant to Council Procedure Rule 10.1

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

 

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to half an hour.

 

There are none on this occasion.

Minutes:

No questions had been received, on notice, from members of the public on this occasion.

 

41.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 75 KB

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees or Sub-Committees.

 

The time allocated for receiving and disposing of questions shall be a maximum of 45 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members unless withdrawn by the questioner.

 

Three questions have been received, on notice, from Members.

Minutes:

Subject to the required notice being given, Members of the Council could ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees or Sub-Committees.

 

Three questions had been submitted as set out below:

 

Question One

 

From Councillor Pemberton to Councillor Talbot, Portfolio Holder for the Environment:

 

“Brook Farm Retail Park

 

Is there anything this Council can to encourage the retail shops to clean the car parks around this area as this is becoming a bit of a mess lately?

 

Is there any way these businesses could sponsor someone to do this?”  

 

Councillor Talbot replied as follows:-

 

“The stores within Brook Retail Park are all committed to being responsible partners within the community and as such the Council is currently working closely with Tesco to ensure that the land for which they are responsible for is maintained to a satisfactory level of cleanliness. Tesco have their own cleaning contractors and have also in the past undertaken community clean up events involving their staff and volunteers to litter pick around the vicinity of then retail park to promote their community values.

 

KFC also undertake litter picking in the immediate vicinity of the store and have also installed extra litter bins within the car park near to their store. Additionally they are also active partners in the county wide Cleaner Essex Group litter picking initiative which involved all the Councils in Essex; Keep Britain Tidy along with McDonald’s, KFC, Domino’s and other food-on-the-go outlets in promoting the responsible and other appropriate disposal of litter.

 

Litter accumulations within the car park areas of Brook Retail Park remains to be on the agenda of the retail outlets with the night time economy connected with this area responsible for litter in the car park areas.”

 

Councillor Pemberton then asked the following supplementary question:-

 

“I’m not sure if you are aware that this Council actually pays for four hours a week to litter pick so I was wondering if we could actually get a few more hours on there as currently you are only giving two hours on a Monday and two on a Friday?”

 

Councillor Talbot then replied as follows:-

 

“All I can say Councillor Pemberton is that the matter is under constant review. As you can see the Officer is in the midst of meetings on this sort of thing. The car park area you identify is a very bad area and does want some attention but the matter is being dealt with on a current basis. That’s all I can say at the moment.”

 

Question Two

 

From Councillor Griffiths to Councillor Skeels Snr., Portfolio Holder for Leisure and Tourism:

 

“The closure of the toilets in the High Street in Clacton Town Centre has been the subject of a number of enquiries. The facility was used by a number of older residents using shops in the High Street, and concerns have been raised, that some of our retired community no longer enjoy good health or  ...  view the full minutes text for item 41.

42.

Report of the Leader of the Council - Urgent Cabinet or Portfolio Holder Decisions

The Council will receive a report on any Cabinet decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 16.2, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

 

There is no such report on this occasion.

Minutes:

There was no such report on this occasion.

 

43.

Minutes of Committees pdf icon PDF 78 KB

The Council will receive the minutes of the following Committees:

 

(a)       Resources and Services of Monday 21 May 2018; and

 

(b)       Community Leadership of Monday 4 June 2018.

 

NOTES:     (a) The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record; and

 

(b)There is a Recommendation to Council contained within Minute 4 of the minutes of the meeting of the Community Leadership Overview and Scrutiny Committee held on 4 June 2018. This recommendation will be taken in conjunction with Agenda Item 16 below.

Additional documents:

Minutes:

It was RESOLVED that the minutes of the following Committees, as circulated, be received and noted:

 

(a)       Resources and Services of Monday 21 May 2018; and

 

(b)       Community Leadership of Monday 4 June 2018.

 

There was a Recommendation to Council contained within Minute 4 of the minutes of the meeting of the Community Leadership Overview and Scrutiny Committee held on 4 June 2018. This recommendation was taken in conjunction with Agenda Item 16, as recorded under Minute 46 below.

 

Councillor I J Henderson thanked the Chairman of the Resources and Services Overview and Scrutiny Committee, Councillor Stephenson, for his response to the comments he had made at the last full Council meeting in regard to the new waste contract. With reference to Councillor Stephenson’s suggestion that he should look elsewhere if he felt that the procurement process was flawed, Councillor Henderson now asked Councillor Stephenson if his Committee would look at not the actual extension of the waste contract but whether the Council’s current procurement process had the capability to actually carry out a procurement on this scale and importance.

 

Councillor Stephenson thanked Councillor Henderson for his question and informed him that due to the extensive programme of work that the Resources and Services Overview and Scrutiny Committee already had to carry out he could do no more than again suggest to Councillor Henderson that he approach the Audit Committee with his request.

 

44.

Motions to Council

The Council will consider motions, notice of which has been given in accordance with Council Procedure Rule 12.

 

There are none on this occasion.

Minutes:

There were no motions, notice of which had been given under Council Procedure Rule 12, on this occasion.

 

45.

Motion to Council - Renewal and Dualling of the A120 between Harwich and Horsley Cross pdf icon PDF 356 KB

The Council will further consider the following motion, which was moved by Councillor I J Henderson and seconded by Councillor Calver at the meeting of the Council held on 15 May 2018 and which stood referred to the Cabinet for consideration and report:

 

“Following confirmation in writing from Martin Fellows, Regional Director Operations East Highways England, that the Wix By-pass is approaching the end of its anticipated life and that the long term aim is to renew this section of road, Tendring District Council writes to Essex County Council to advise ECC that it fully supports calls for the renewal and dualling of the A120 between Harwich and Horsley Cross and requests that ECC engages in the process of securing the necessary Government funding through the second Roads Investment Strategy Period 2020/25.”

 

NOTE: Cabinet considered Councillor Henderson’s motion at its meeting held on 15 June 2018. The relevant Cabinet Minute and the Cabinet’s recommendation to Council are contained within the Council Book.

Minutes:

Council further considered the following motion, which had been moved by Councillor I J Henderson and seconded by Councillor Calver at the meeting of the Council held on 15 May 2018 (Minute 25 referred) and which had stood referred to the Cabinet for consideration and report:

 

“Following confirmation in writing from Martin Fellows, Regional Director Operations East Highways England, that the Wix By-pass is approaching the end of its anticipated life and that the long term aim is to renew this section of road, Tendring District Council writes to Essex County Council to advise ECC that it fully supports calls for the renewal and dualling of the A120 between Harwich and Horsley Cross and requests that ECC engages in the process of securing the necessary Government funding through the second Roads Investment Strategy Period 2020/25.”

 

Council was aware that Cabinet, at its meeting held on 15 June 2018 (Minute 17 referred) had considered Councillor Henderson’s motion. The relevant Cabinet Minute containing the Cabinet’s recommendation to Council was contained within the Council Book.

 

Councillor G V Guglielmi formally moved, on behalf of the Cabinet, that Councillor Henderson’s motion be amended to read as follows:-

 

“(1) This Council recognises:

 

  • The national and international significance of the A120 strategic highway.
  • That the A120 connects Stansted Airport to the international ports at Harwich and is a key economic corridor essential to the economic success and vitality of much of the East of England.
  • That the A120 is one of the country’s only East-West highways.
  • That the A120 from Braintree to Marks Tey is wholly inadequate and should be upgraded to dual carriageway as soon as possible.
  • That the A120 from Hare Green to Harwich is wholly inadequate and should be upgraded to dual carriageway as soon as possible.

 

(2) This Council notes and welcomes Essex County Council’s support for the dualling of the A120 from Braintree to Marks Tey, but this Council –

 

  • Questions why no route option was even considered that would run north of the existing route.
  • Questions the logic of favouring a new route which connects to the A12 so far south, actually closer to Chelmsford than to Colchester, as such an option will lead to far more traffic on the A12 which is already beyond capacity and will lengthen considerably journey times on the A120.

 

(3) This Council welcomes and supports the announcement by Highways England Regional Director – Eastern Region, Martin Fellows that the A120 between Harwich and Horsley Cross is at last being proposed for upgrade and dualling and this Council will actively seek support as a matter of urgency from –

 

  • Our Members of Parliament;
  • Essex County Council, including those Members elected to represent Tendring; and
  • All key stakeholders in both the public and the private sector –

 

to help make the case that the upgrade, renewal and dualling of the A120 between Harwich and Hare Green is vital not just to the economic prosperity and well-being of the District of Tendring but that it will also  ...  view the full minutes text for item 45.

46.

Motion to Council - Additional Flag Raising Days at the Town Hall

The Council will further consider the following motion, which was moved by Councillor Pemberton and seconded by Councillor Porter at the meeting of the Council held on 15 May 2018 and which stood referred to the Community Leadership Overview and Scrutiny Committee for consideration and report:

 

“That this Council approves that, in addition to Armed Forces Day, Merchant Navy Day and Commonwealth Day, St George’s Day be added as a flag raising day at the Town Hall and that the national flag of England be flown on that day.”

 

NOTE: The Community Leadership Overview and Scrutiny Committee considered Councillor Pemberton’s motion at its meeting held on 4 June 2018. The relevant Committee Minute and the Committee’s recommendation to Council are contained within the Council Book.

Minutes:

Council furthered consider the following motion, which had been moved by Councillor Pemberton and seconded by Councillor Porter at the meeting of the Council held on 15 May 2018 (Minute 26 referred) and which had stood referred to the Community Leadership Overview and Scrutiny Committee for consideration and report:

 

“That this Council approves that, in addition to Armed Forces Day, Merchant Navy Day and Commonwealth Day, St George’s Day be added as a flag raising day at the Town Hall and that the national flag of England be flown on that day.”

 

Council was aware that the Community Leadership Overview and Scrutiny Committee, at its meeting held on 4 June 2018 (Minute 4 referred) had considered Councillor Henderson’s motion. The relevant Minute containing that Committee’s recommendation to Council was contained within the Council Book.

 

The Chairman of the Community Leadership Overview and Scrutiny Committee, Councillor Land formally moved, on behalf of that Committee, that Councillor Pemberton’s motion be amended to read as follows:-

 

That this Council approves that, in addition to Armed Forces Day, Merchant Navy Day and Commonwealth Day, St George’s Day be added as a flag raising day at the Town Hall and that the national flag of England be flown on that day subject to a protocol being prepared by officers and agreed by Council and that the protocol includes the ability to fly more than one flag on any one day.”

 

Councillor Land’s amendment, on being put to the vote, was declared CARRIED.

 

The amendment, on being put to the vote as a substantive motion was declared CARRIED.

 

47.

Motion to Council - Former Public Conveniences at Ipswich Road, Holland-on-Sea pdf icon PDF 223 KB

The Council will further consider the following motion, which was moved by Councillor Winfield and seconded by Councillor Broderick at the meeting of the Council held on 15 May 2018 and which stood referred to the Cabinet for consideration and report:

 

“That this Council hereby requests the Executive to rescind the previous decisions taken by the Cabinet and the Finance and Corporate Services Portfolio Holder to close and lease out the public conveniences at Ipswich Road, Holland-on-Sea and instruct the Corporate Director (Operational Services) to restore and re-open for public use the aforesaid public conveniences."

 

NOTE: Cabinet considered Councillor Winfield’s motion at its meeting held on 15 June 2018. The relevant Cabinet Minute and the Cabinet’s recommendation to Council are contained within the Council Book.

Minutes:

Council further considered the following motion, which had been moved by Councillor Winfield and seconded by Councillor Broderick at the meeting of the Council held on 15 May 2018 (Minute 27 referred) and which had stood referred to the Cabinet for consideration and report:

 

“That this Council hereby requests the Executive to rescind the previous decisions taken by the Cabinet and the Finance and Corporate Services Portfolio Holder to close and lease out the public conveniences at Ipswich Road, Holland-on-Sea and instruct the Corporate Director (Operational Services) to restore and re-open for public use the aforesaid public conveniences."

 

Council was aware that Cabinet, at its meeting held on 15 June 2018 (Minute 18 referred) had considered Councillor Winfield’s motion. The relevant Cabinet Minute containing the Cabinet’s recommendation to Council was contained within the Council Book.

 

Councillor Winfield explained his motion to the Council.

 

Pursuant to the provisions of Council Procedure Rule 16.12, Councillor Winfield clarified, in order to avoid any confusion that may have arisen at the Cabinet meeting on 15 June 2018 that he did not have a disclosable pecuniary interest in this matter.

 

Councillor Broderick asked that, in accordance with the provisions of Council Procedure Rule 19.4, a record of the vote on Councillor Winfield’s motion be taken.

 

Accordingly, the result of that vote was as follows:

 

Councillors For

Councillors Against

Councillors Abstaining

Councillors Not Present

 

Broderick

J A Brown

Bucke

Calver

Cawthron

Davis

Fowler

Gray

Griffiths

I J Henderson

J Henderson

Hones

Khan

Newton

Pemberton

Stephenson

Whitmore

Winfield

 

 

Alexander

Amos

B E Brown

M Brown

Callender

Chittock

Coley

Cossens

Everett

Fairley

Ferguson

G V Guglielmi

V E Guglielmi

S A Honeywood

Land

Massey

McWilliams

Nicholls

Platt

Poonian

Talbot

Turner

 

 

Bray

Chapman

Heaney

P B Honeywood

Raby

M J Skeels

M J D Skeels

Watson

White

Yallop

 

 

 

 

 

 

Baker

Bennison

Bush

King

Miles

Porter

Scott

Steady

Stock OBE

Watling MP

 

 

 

 

 

   

Councillor Winfield’s motion was thereupon declared LOST.

 

48.

Recommendations from the Cabinet

The Council is asked to consider any recommendations submitted to it by the Cabinet.

 

There are none on this occasion.

Minutes:

There were none on this occasion.

 

49.

Reports Submitted to the Council by an Overview and Scrutiny Committee

The Council is asked to consider any reports submitted to it by an Overview and Scrutiny Committee.

 

There are none on this occasion.

Minutes:

There were none on this occasion.

 

50.

Report of the Chief Executive - A.1 - Change of Name of a Political Group on Tendring District Council pdf icon PDF 8 KB

The Council is asked to note the change of name of a political group on Tendring District Council and the change of Group Leader and Deputy Group Leader of that Group.

Minutes:

The Chief Executive formally reported that, pursuant to Regulation 8(5) of the Local Government (Committees and Political Groups) Regulations 1990, Councillors Robert Bucke and Gary Scott had, on 15 May 2018, served formal notice on the Council that they wished to change the name of the Tendring First / Liberal Democrats Group to instead be the Liberal Democrats / Tendring First Group

 

In addition, pursuant to the aforementioned Regulation, Councillors Bucke and Scott had served notice that the Leader of the Liberal Democrats / Tendring First Group was to be Councillor Bucke and the Deputy Leader was to be Councillor Scott.

 

Council noted the foregoing.

 

51.

Report of the Head of Leadership Support and Community - A.2 - Community Governance Reviews pdf icon PDF 181 KB

To enable Council to approve the final recommendations arising from the outcome of Community Governance Reviews undertaken in Harwich and in St Osyth.

Minutes:

Councillors I J Henderson, J Henderson, Calver and Fowler had earlier declared an interest in this item.

 

Council recalled that, at its meeting held on 15 May 2018 (Minute 30 referred), it had considered a report of the Head of Leadership Support and Community and it had been agreed that –

 

(a)    in relation to the two Community Governance Reviews for which public consultation has been undertaken:-

 

       i.          the number of Harwich Town Councillors will remain at 16 with the existing parish ward distribution; and

        ii.        a boundary change be implemented in order to make the St Osyth Parish and District boundaries coterminous.

 

(b) draft recommendations as set out in (a) be made available for public comment inline with the previously agreed timetable; and

 

(c) no Community Governance Reviews be taken forward at this time for the following Parish Councils: Alresford, Ardleigh, Beaumont-cum-Moze, Elmstead, Frating, Great Bentley, Great Oakley, Lawford, Little Bentley, Little Bromley, Little Clacton, Little Oakley, Ramsey and Parkeston, Tendring, Thorpe-le-Soken.

 

It was reported that those draft recommendations had been advertised in the local press and on the Council’s website and that no comments had been received on those draft recommendations other than confirmation from St Osyth Parish Council of their original comments.

 

In addition, the members of the Electoral Review Working Group had been advised by email that no additional comments had been received and that the draft recommendations would now be put forward to Council as the final recommendations.

 

Council was advised that a delegation was sought from it in order to allow the Head of Legal and Governance Services to take the steps to implement the recommendations. No further action would be required in relation to Harwich as the recommendation was to leave the number of councillors and wards unchanged. However, a reorganisation order would be required to effect the recommendation in relation to St Osyth. A model order and the procedure to be followed was set out in the Guidance on Community Governance Reviews issued jointly by the former Department for Communities and Local Government and the Local Government Boundary Commission for England. The reorganisation order would need to be made available at the Council’s offices together with a map showing the effect of the boundary change. Certain organisations (the Ministry for Housing, Communities and Local Government, the Local Government Boundary Commission for England, the Office of National Statistics, the Director General of the Ordnance Survey, Essex County Council and the Council’s external auditors) would need to be informed when the order had been made. The reasons for the Council’s decisions would also need to be published.

 

It was moved by Councillor P B Honeywood, seconded by Councillor G V Guglielmi and:

 

RESOLVED that - 

 

a)    the final recommendations, in relation to the two Community Governance Reviews for which public consultation has been undertaken, are:-

 

              i.        the number of Harwich Town Councillors remains at 16 with the existing parish ward distribution; and

 

             ii.        a boundary change should be implemented in order to make the  ...  view the full minutes text for item 51.

52.

Urgent Matters for Debate

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xvi), 11.3(b) and/or 13(q).

 

Minutes:

There were none on this occasion.