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 - 21 January 2020

Items
No. Item

63.

Chair

Minutes:

In the absence of the Chairman of the Council (Councillor Land), the Chair was occupied by the Vice-Chairman (Councillor Bray).

64.

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 Cawthron and Land.

65.

Minutes of the Last Meeting of the Council pdf icon PDF 180 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 10 September 2019.

Minutes:

RESOLVED that the Minutes of the meeting of the Council held on 10 September 2019 be approved as a correct record and be signed by the Chairman.

66.

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:

There were none on this occasion.

67.

Announcements by the Chairman of the Council

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

Minutes:

There were none on this occasion.

68.

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.

69.

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:

The Leader of the Council (Councillor Stock OBE) made the following statements:

 

(1)    Parliamentary General Election

 

Councillor Stock recorded his thanks and congratulations to the Acting Returning Officer (ARO) and all of his officers and staff who had been involved in running of the election for the Clacton Constituency. He also extended his thanks to the ARO and his team at Colchester Borough Council for their work in running the election in the Harwich and North Essex Constituency.

 

(2)    Ian Davidson, Chief Executive

 

Councillor Stock informed Council that Ian Davidson, the Council’s Chief Executive would be celebrating his 60th birthday later in the week. Members congratulated Mr Davidson with a round of applause.

70.

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.

71.

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:

No Petitions had been submitted in accordance with the Scheme approved by the Council on this occasion.

72.

Questions Pursuant to Council Procedure Rule 10.1 pdf icon PDF 59 KB

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 21 minutes.

 

There are three such Questions on this occasion.

Minutes:

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

 

The following questions had been received, on notice, from members of the public:

 

Question One

 

From Mr Steve Kelly to Councillor Stock OBE, Leader of the Council:

 

“Given that the scientific research suggests that tipping points are making the climate crisis irretrievably apocalyptic; how can the Council best prepare for the extreme food insecurity and mass migration both to and from our District due to Climate Crisis emergencies?” 

 

Councillor Stock replied to the question as follows:

 

“Thank you for your question Mr Kelly. The issues of the environment generally and climate change in particular are matters that this Council take very seriously, Indeed, we were one of the first local authorities to declare a climate emergency and following that decision I set up a cross-party, Member-led, climate change working group. Through that group we have commissioned the Association of Public Service Excellence to work with us to establish our own carbon footprint and to prepare an action plan setting out how we can become carbon neutral by 2030.

 

Through the data that we collect and the Action Plan that will be developed, we will have a clear indication of the work that we need to undertake to become carbon neutral and the measures we need to take to encourage our residents and businesses to take action alongside us to tackle these important issues as well as any other issues arising such as those you refer to.”

           

Question Two

 

From Mr Chris Southall to Councillor Stock OBE, Leader of the Council:

 

“Can the Climate Emergency working group justify the huge amount of money committed to an outside agency (assessing the carbon footprint) when that same money would go a long way to providing the much-needed insulation and renewable energy generation investment on council properties?”

 

Councillor Stock replied to the question as follows:

 

“Thank you for your question, Mr Southall.

 

The Council declared a Climate Emergency in August last year and on the back of that I set up a cross-party, Member-led working party tasked with preparing an action plan setting out how we will become carbon neutral by 2030.

 

Before the Council commits to a programme of energy-efficiency improvements or other measures aimed at reducing our carbon footprint we must ensure that we are committing to do the right things. If we are not sure, then we could be wasting taxpayers’ money and not making any meaningful difference.

 

To provide us with expert advice and to make sure we are making the best use of our resources we have commissioned the Association of Public Service Excellence (APSE). Their team brings to us significant expertise and experience in this field that we simply do not have available in-house. I ca assure you that even though they have only recently started working with us it is clear that this money (£35,000) is being very well spent and  ...  view the full minutes text for item 72.

73.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 100 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.

 

The time allocated for receiving and disposing of questions shall be a maximum of 30 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members the following working day unless withdrawn by the questioner.

 

There are two such Questions on this occasion.

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.

 

Two questions had been submitted by Members as set out below:

 

Question One

 

From Councillor Davidson to Councillor Talbot, Portfolio Holder for Environment & Public Space:

 

“As TDC quite rightly encourages its residents to sort their refuse and to recycle as appropriate, can the Portfolio Holder for Environmental Services please advise Members whether or not TDC ensures that the refuse collected from Council provided bins in public places is sorted in order to ensure that any recyclable material does not go to landfill?”

 

Councillor Talbot replied as follows:-

 

“Our recyclable material which is collected at the kerbside is already processed by the householders of Tendring in to its separate components and in doing so provides a high quality, sought after product which requires either none or basic sorting and this is the basis of our waste and street sweeping contract which encompasses litter bins.

 

Whilst the capture of recycling material from public litter bins can provide an additional stream of recyclable material, the quality is of far lower quality with contamination from food and drinks materials being very common place. And whilst bins with separate recycling compartments for different materials are also available these too are prone to high levels of contamination as users place mixed waste in any possible bin compartment.

 

The authority provides over 1,200 plus litter bins which are located across the entire District to both residents and visitors to the area, all of which can accept a combination of both mixed litter, food waste and wrapped dog waste, to sort and process the waste from these street litter bins is currently not within the scope of the contract or the authority’s budgets.

 

The authority is committed to increasing the amount recycled as best highlighted by the recent introduction of the new waste service which has seen our recycling rate increase by over 10% and as part of this commitment, Officers will continue to explore all possible avenues to increase our recycling within our current budgets.”

 

Councillor Davidson then asked a supplementary question to which Councillor Talbot responded.

 

Question Two

 

From Councillor I J Henderson to Councillor P B Honeywood, Portfolio Holder for Housing:

 

“I am sure that the Portfolio Holder will agree with me that everyone deserves a decent and safe home to live in. 

 

Can he therefore advise me of any future action that this Council intends to take to make sure those relying on rented housing are protected against rogue landlords who appear to have no respect for the welfare of their tenants?”

 

Councillor Honeywood replied as follows:-

 

“With nearly 20% of our residents living in privately rented housing it is important that we use all the powers available to us to make sure tenants are protected from landlords who do not comply with the law.

 

We have a very strong and effective private  ...  view the full minutes text for item 73.

74.

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

The Council will receive a report on any Cabinet or Portfolio Holder 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.

75.

Minutes of Committees pdf icon PDF 135 KB

The Council will receive the minutes of the following Committees:

 

(a)       Audit of Thursday 26 September 2019;

 

(b)       Standards of Wednesday 2 October 2019;

 

(c)       Community Leadership Overview & Scrutiny of Monday 7 October 2019;

 

(d)       Resources and Services Overview & Scrutiny of Monday 14 October 2019;

 

(e)       Human Resources & Council Tax of Wednesday 23 October 2019;

 

(f)        Planning Policy & Local Plan of Tuesday 29 October 2019; and

 

(g)       Resources and Services Overview & Scrutiny of Monday 16 December 2019.

 

NOTE: 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.

 

Additional documents:

Minutes:

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

 

(a)    Audit of Thursday 26 September 2019;

 

(b)    Standards of Wednesday 2 October 2019;

 

(c)    Community Leadership Overview & Scrutiny of Monday 7 October 2019;

 

(d)    Resources and Services Overview & Scrutiny of Monday 14 October 2019;

 

(e)    Human Resources & Council Tax of Wednesday 23 October 2019;

 

(f)     Planning Policy & Local Plan of Tuesday 29 October 2019; and

 

(g)    Resources and Services Overview & Scrutiny of Monday 16 December 2019.

76.

Motions to Council - "Mitigation of the Impact of Fireworks on Animals and Vulnerable People" pdf icon PDF 110 KB

In accordance with the provisions of Council Procedure Rule 12, the Council will consider a Motion to Council submitted by Councillor Susan Honeywood.

Minutes:

Council had before it the following motion, notice of which had been given by Councillor S A Honeywood pursuant to Council Procedure Rule 12:-

 

“Fireworks are used by many people throughout the year to mark different events. While they can bring much enjoyment to some people, they can also cause significant problems and fear for other people and animals.

 

This Council therefore resolves:

 

·       to require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people;

 

·       to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people — including the precautions that can be taken to mitigate risks; and

 

·       to encourage local suppliers of fireworks to stock “quieter” fireworks for public display.”

 

Councillor Honeywood formally moved the motion, and Councillor McWilliams formally seconded the motion.

 

Councillor Honeywood then explained the purpose of the motion and gave her reasons why she felt that it would be appropriate for the motion to be dealt with at the meeting.

 

The Chairman (Councillor Bray) then made his ruling on whether the motion should be dealt with at the meeting or stand referred. He decided that the motion would be dealt with at the meeting.

 

Councillor Allen then moved and Councillor Clifton seconded that consideration of Councillor Honeywood’s motion be deferred and that the motion be referred to the Community Leadership Overview and Scrutiny Committee for it to be fully investigated in all of its aspects.

 

Councillors Calver and Stock OBE addressed the Council on the subject matter of Councillor Allen’s amendment.

 

Councillors S A Honeywood and McWilliams both indicated that they accepted Councillor Allen’s amendment and on being put to the vote it was:-

 

RESOLVED that consideration of Councillor Honeywood’s motion be deferred and that the motion be referred to the Community Leadership Overview and Scrutiny Committee for it to be fully investigated in all of its aspects.

77.

Recommendations from the Cabinet - The Local Council Tax Support Scheme 2020/2021; Council Tax Exemptions/Discounts 2020/21; and the Annual Minimum Revenue Provision Policy Statement 2020/21 pdf icon PDF 262 KB

The Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2020/2021; Council Tax Exemptions for 2020/2021; and the Annual Minimum Revenue Provision Policy Statement 2020/2021.

 

NOTE: Cabinet considered this matter at its meeting held on 8 November 2019. The relevant Cabinet Report and the Minute containing the Cabinet’s recommendations to Council are contained within the Council Book.

Additional documents:

Minutes:

The Council considered the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2020/2021, Council Tax Exemptions for 2020/2021 and the Annual Minimum Revenue Provision Policy Statement 2020/2021.

 

Council was aware that Cabinet had considered this matter at its meeting held on 8 November 2019. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council were contained within the Council Book.

 

It was moved by Councillor P B Honeywood and:-

 

RESOLVED that –

 

(a)    the Local Council Tax Support Scheme (LCTS), as set out as Appendix A to item A.8 of the Joint Report of the Housing Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (as submitted to the meeting of the Cabinet held on 8 November 2019) be approved with the maximum LCTS award being 80% for working age claimants;

 

(b)    the Deputy Chief Executive, or equivalent authorised officer, in consultation with the Housing Portfolio Holder, be authorised to undertake the necessary steps to implement the LCTS scheme from 1 April 2020;

 

(c)    the locally determined council tax discounts, as set out as Appendix C to the above-mentioned report, be approved;

 

(d)    the Deputy Chief Executive, or equivalent authorised officer, in consultation with the Housing Portfolio Holder, be authorised to undertake the necessary steps to implement the council tax exemptions and discounts from 1 April 2020;

 

(e)    it is agreed, in principle, to levy the maximum allowable council tax premiums from 1 April 2021 and that Officers be requested to write to the relevant homeowners to advise them of the Council’s intentions;

 

(f)     Officers explore the option of potentially providing discounts for young people leaving care and present the outcome of that exploration and potential options to Members as soon as practicable in 2020/21; and

 

(g)    the Annual Minimum Revenue Provision (MRP) Policy Statement for 2020/21, as set out in Appendix D to the aforesaid report, be approved.

78.

Recommendations from the Cabinet - A New Corporate Plan 2020 - 2024 pdf icon PDF 344 KB

The Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the new Corporate Plan for the period 2020 to 2024.

 

NOTE: Cabinet considered this matter at its meeting held on 20 December 2019. The relevant Cabinet Report and the Minute containing the Cabinet’s recommendations to Council are contained within the Council Book.

Additional documents:

Minutes:

The Council considered the recommendations submitted to it by the Cabinet in respect of the new Corporate Plan for the period 2020 – 2024.

 

Council was aware that Cabinet had considered this matter at its meeting held on 20 December 2019. The relevant Cabinet Report and Minute and the Cabinet’s recommendations to Council were contained within the Council Book.

 

Councillor I J Henderson addressed the Council on the subject matter of this item.

 

It was moved by Councillor Stock OBE and:-

 

RESOLVED that the final proposals for the Corporate Plan 2020/24, as set out in Appendix B to item A.1 of the Report of the Leader of the Council (as submitted to the meeting of the Cabinet held on 20 December 2019), be approved, subject to within the section headed “A Growing and Inclusive Economy” the aspiration “Maximise our seafront opportunities” being amended to read “Maximise our coastal and seafront opportunities”.

79.

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 no such reports on this occasion.

Minutes:

There were none on this occasion.

80.

Report of the Chief Executive - A.1 - Membership of Committees pdf icon PDF 8 KB

To inform Council of appointments to Committees that had been made since the meeting of the Council held on 10 September 2019.

Minutes:

The Chief Executive formally reported that, in accordance with the wishes of the Leader of the Conservative Group and the authority delegated to him, the following appointments had been duly made since the last ordinary meeting of the Council -

 

Licensing and Registration Committee

 

Councillor Skeels had been appointed to serve in place of Councillor S A Honeywood.

 

Planning Policy and Local Plan Committee

 

Councillor S A Honeywood had been appointed to serve in place of Councillor Skeels.

 

Standards Committee

 

Councillor Alexander had been appointed to serve in place of Councillor Amos.

 

Miscellaneous Licensing Sub-Committee

 

Councillor Skeels had been appointed to serve in place of Councillor S A Honeywood.

 

Council noted the fore-going.

81.

Report of the Head of Democratic Services & Elections - A.2 - High Level and Light Touch Review of Members' Allowances by the Independent Remuneration Panel pdf icon PDF 302 KB

Further to the decision taken at the Annual Meeting of the Council held on 28 May 2019 (Minute 13 refers), the Council is asked to consider the recommendations made by the Independent Remuneration Panel following its high level light touch review of Members’ Allowances.

Additional documents:

Minutes:

Further to the decision taken at the Annual Meeting of the Council held on 28 May 2019 (Minute 13 referred), the Council was required to consider the recommendations made by the Independent Remuneration Panel (IRP) following its high level light touch review of Members’ Allowances. The IRP’s report containing those recommendations was before Members as an appendix to item A.2 of the Report of the Head of Democratic Services & Elections.

 

Having duly considered, in accordance with The Local Authorities (Members’ Allowances) (England) Regulations 2003, the recommendations made by the IRP:-

 

It was moved by Councillor Stock OBE and seconded by Councillor G V Guglielmi that –

 

(a)    the report of the Independent Remuneration Panel, following that Panel’s high level and light touch review of the current Scheme of Allowances for Councillors, as set out at Appendix A to item A.2 of the Report of the Head of Democratic Services & Elections, be received and noted;

 

(b)    having had regard to the recommendations of the Independent Remuneration Panel and for the reasons submitted by Group Leaders in October 2019, the Council resolves to amend the Scheme of Allowances for 2019/20 as follows:

 

a.   that the Basic Allowance for all Members be adjusted to £6,000;

b.   that all Group Leaders, as defined by the Local Government (Committees and Political Groups) Regulations 1990, be entitled to receive the Group Leaders’ allowance and that reference to ‘Opposition’ is removed;

c.   that no restrictions be placed on the number of Special Responsibility Allowances (SRA) that can be received; and

d.   that the Vice-Chairman of the Planning Committee be entitled to receive a SRA of £1,500.

 

(c)    these amendments to the Scheme will apply with effect from the beginning of this Municipal Year; and

 

(d)    the implementation of the proposed amendments will remain subject to identifying the necessary funding of £0.041m, which will be considered as part of the Financial Performance Report for Quarter 3 2019/20.

 

Following a request made by Councillor M E Stephenson, the Chairman adjourned the meeting for a period of 15 minutes in order to allow Group Leaders to ascertain the views of their respective Group members on Councillor Stock’s motion.

 

Upon the resumption of the meeting, Councillor M E Stephenson then moved and Councillor Bush seconded that Councillor Stock’s motion be amended to read as follows:-

 

“That –

 

(a)  the report of the Independent Remuneration Panel, following that Panel’s high level and light touch review of the current Scheme of Allowances for Councillors, as set out at Appendix A to item A.2 of the Report of the Head of Democratic Services & Elections, be received and noted;

 

(b)  the Council’s response to the recommendations from the Independent Remuneration Panel is to:

 

(1)    Adjust the allowances in respect of Planning Committee to the following:

a.    Chairman of Planning Committee - £6000,

b.    Vice-Chairman of Planning Committee - £1500,

c.     All other Members of the Planning Committee - £900.

 

(2)    to make no other change to the Scheme of Allowances recommended to, and adopted by,  ...  view the full minutes text for item 81.

82.

Seating Plan for Future Meetings of the Council in the Princes Theatre pdf icon PDF 24 KB

Council’s approval is sought in respect of a revised seating plan for future meetings of the Full Council held in the Princes Theatre, following a request received from two Members of the Council.

Minutes:

Council’s approval was sought in respect of a revised seating plan for future meetings of the Full Council held in the Princes Theatre, following a request received from two Members of the Council.

 

It was moved by Councillor Stock OBE, seconded by Councillor Allen and:-

 

RESOLVED, that the revised seating plan proposed for future meetings of the Full Council to be held in the Princes Theatre be approved.

83.

Urgent Matters for Debate

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

 

Minutes:

There were none on this occasion.

84.

Exclusion of Press and Public

The Council is asked to consider the following resolution:

                       

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 21 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 4 of Part 1 of Schedule 12A, as amended, of the Act.”

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

RESOLVED, that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 22 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 4 of Part 1 of Schedule 12A, as amended, of the Act.

85.

Exempt Minutes of Committees

The Council will receive the exempt minute of the Human Resources and Council Tax Committee of Wednesday 23 October 2019.

 

NOTE:  The above exempt minute is presented to Council for information only.  Members can ask questions on its contents to the Chairman of the Human Resources and Council Tax Committee but questions as to the accuracy of that minute must be asked at the meeting of the Committee when that minute is approved as a correct record.

Minutes:

It was RESOLVED that the exempt minute of the meeting of the Human Resources & Council Tax Committee held on 23 October 2019, as circulated, be received and noted.