Agenda and minutes

Venue: Meeting was held pursuant to Statutory Instrument 2020/392.

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686584

Items
No. Item

1.

Chair

Minutes:

In accordance with the provisions of Section 3(2) of the Local Government Act 1972, the Chair was occupied by the retiring Chairman, Councillor Daniel Land, until his successor became entitled to act as Chairman.

2.

Apologies for Absence

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

 

Minutes:

There were no apologies for absence submitted on this occasion.

3.

Retiring Chairman's Announcements

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

Minutes:

The retiring Chairman (Councillor D J Land) led the Council in a silent tribute to the memory and life of dedicated public service of HRH The Prince Phillip, Duke of Edinburgh.

4.

Election of the Chairman of the Council for the 2021/2022 Municipal Year

The Council will elect its Chairman for the 2021/22 Municipal Year.

Minutes:

It was moved by Councillor Stock and seconded by Councillor G V Guglielmi that Councillor Bray be elected Chairman of the Council.

 

The vote on the election of the Chairman of the Council resulted as follows:-

 

Councillors Voting for Councillor Bray

Councillors Voting Against Councillor Bray

Councillors Abstaining

Councillors Absent

 

Alexander

Allen

Amos

Barry

Bray

Casey

Chapman

Chittock

Clifton

Codling

Coley

Davis

Fairley

Griffiths

G V Guglielmi

V E Guglielmi

Harris

P B Honeywood

S A Honeywood

King

Knowles

Land

McWilliams

Miles

Newton

Placey

Porter

Skeels

Steady

G L Stephenson

M E Stephenson

Stock OBE

Talbot

Turner

White

Winfield

 

 

Cawthron

 

 

 

 

 

 

 

Bush

Calver

Davidson

Fowler

I J Henderson

J Henderson

Morrison

Scott

Wiggins

 

None

 

It was therefore RESOLVED that, pursuant to Section 3(1) of the Local Government Act 1972, Councillor Bray be elected Chairman of the Council for the 2021/2022 municipal year.

 

Councillor Bray was thereupon invested with the badge and Chain of Office and made a Statutory Declaration of Acceptance of Office.

 

Councillor Bray thanked Members for the honour and privilege that they had bestowed upon him. He then paid tribute to the work undertaken by the retiring Chairman (Councillor Land) and for the care and commitment he had shown to his civic office.

 

Councillor Bray announced that The Reverend David Murray would continue in his role as Chairman’s Chaplain and that TCVS would be his chosen charity for his year in Office. He further informed Council that he would be supporting Councillor Harris in a Keep Britain Tidy District-wide campaign against littering, fly tipping and dog fouling and that a theme for his year would be ‘A Better Normal for Tendring’.

 

Councillor Land thanked Members for their support over the past past two years and for being “so patient, kind and accommodating”. He stated that whilst he had done the “traditional things” he had also “mixed it up a little” and he had enjoyed every minute learning about the different areas of the District. He also thanked the Chief Executive and his Officers for all of their support and many kindnesses. In particular, he paid tribute to the Leadership Support Manager, Mrs Elizabeth Ridout, whose support and assistance had been indispensable.

5.

Election of the Vice-Chairman of the Council for the 2021/2022 Municipal Year

The Council will elect its Vice-Chairman for the 2021/22 Municipal Year.

Minutes:

It was moved by Councillor G V Guglielmi and seconded by Councillor Stock OBEthat Councillor Harris be elected Vice-Chairman of the Council.

 

It was then moved by Councillor M E Stephenson and seconded by Councillor I J Hendersonthat Councillor Casey be elected Vice-Chairman of the Council.

 

The vote on the election of the Vice-Chairman of the Council resulted as follows:-

 

Councillors Voting for Councillor Harris

Councillors Voting for Councillor Casey

Councillors Abstaining

Councillors Absent

 

Alexander

Amos

Bray

Chittock

Codling

Coley

Davis

Fairley

Griffiths

G V Guglielmi

V E Guglielmi

Harris

P B Honeywood

S A Honeywood

King

Land

McWilliams

Newton

Porter

Skeels

Stock OBE

Talbot

Turner

White

Winfield

 

 

Allen

Barry

Bush

Calver

Casey

Cawthron

Chapman

Clifton

Davidson

Fowler

I J Henderson

J Henderson

Knowles

Miles

Morrison

Placey

Scott

Steady

G L Stephenson

M E Stephenson

Wiggins

 

None

 

None

 

RESOLVED that, pursuant to Section 5(1) of the Local Government Act 1972, Councillor Harris be elected Vice-Chairman of the Council for the 2021/2022 municipal year.

 

Councillor Bray expressed his thanks to Members for their support and stated that he was very proud and privileged to be the Vice-Chairman of the Council. Councillor Harris paid tribute to Councillor Casey and to the former Chairman and he pledged that he would do his utmost to support the Chairman, Members and Officers during the coming year.

6.

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 no such announcements on this occasion.

7.

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.

8.

Size of membership of Committees etc.

The Council will note the size of membership of the Council’s Committees and Sub-Committees as follows:-

 

Committee/Sub-Committee                                                   No. of Members

 

Audit                                                                                       (7)

Community Leadership Overview & Scrutiny                   (9)

Human Resources & Council Tax                                      (9)

Licensing and Registration                                                 (9)

Planning                                                                                 (9)

Planning Policy & Local Plan                                              (11)

Resources and Services Overview & Scrutiny                 (9) 

Standards                                                                              (7)

Miscellaneous Licensing Sub-Committee                        (5) 

Town & Parish Councils Standards Sub-Committee       (3)

 

NOTE: With the exception of the Town and Parish Councils Standards Sub-Committee, the membership of the above Committees and Sub-Committees are subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

Minutes:

Council noted the size of membership of the Council’s Committees and Sub-Committees as follows:-

 

Committee/Sub-Committee                                                   No. of Members

 

Audit                                                                                        (7)

Community Leadership Overview & Scrutiny                        (9)

Human Resources & Council Tax                                          (9)

Licensing and Registration                                                     (9)

Planning                                                                                  (9)

Planning Policy & Local Plan                                                  (11)

Resources and Services Overview & Scrutiny                      (9) 

Standards                                                                                (7)

Miscellaneous Licensing Sub-Committee                              (5) 

Town & Parish Councils Standards Sub-Committee            (3)

9.

Allocation of seats on Committees and Sub-Committees to the Political Groups formed on Tendring District Council pdf icon PDF 89 KB

Council will note the allocation to the political groups formed on Tendring District Council of seats on those bodies that are subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

Minutes:

Council noted the allocation to the political groups formed on Tendring District Council of seats on those bodies that were subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

10.

Appointment of the Membership of Committees etc. for the 2021/2022 Municipal Year pdf icon PDF 194 KB

In accordance with the wishes expressed by Group Leaders, Council will appoint Members to serve on those bodies that are subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

Minutes:

The Council gave consideration to a Schedule of Members that it was proposed by political Group Leaders should serve on each of the Council’s bodies, which were subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

 

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

 

RESOLVED that the Committees and Sub-Committee of the Council, subject to the Rules of Political Proportionality be, and are, hereby appointed for the 2021/2022 municipal year and that their membership be as set out hereunder:-

 

Audit Committee

 

Councillors Alexander, Coley, Fairley, King, Miles, Placey and Steady.

 

Community Leadership Overview and Scrutiny Committee

 

Councillors Amos, Chittock, Clifton, Codling, Davidson, Davis, Miles, Skeels and Steady.

 

Human Resources and Council Tax Committee

 

Councillors Amos, Calver, Chapman, Chittock, Griffiths, S Honeywood, Knowles, Morrison and M Stephenson.

 

Licensing and Registration Committee

 

Councillors Casey, Clifton, Coley, Davis, V Guglielmi, J Henderson, McWilliams, Skeels and Winfield.

 

Planning Committee

 

Councillors Alexander, Bray, Casey, Codling, Fowler, V Guglielmi, Harris, Placey and White.

 

Planning Policy and Local Plan Committee

 

Councillors Allen, Bush, Chapman, Fairley, G Guglielimi, I Henderson, S Honeywood, Newton, Scott, Turner and Winfield.

 

Resources and Services Overview and Scrutiny Committee

 

Councillors Allen, Barry, Codling, Griffiths, Harris, Land, Morrison, Scott and M Stephenson.

 

Standards Committee

 

Councillors Amos, Fowler, J Henderson, Land, Steady, Turner and Wiggins.

 

Miscellaneous Licensing Sub-Committee

 

Councillors Casey, Coley, Davis, V Guglielmi and J Henderson.

11.

Appointment of the Town and Parish Councils Standards Sub-Committee for the 2021/2022 Municipal Year

Council will note that the appointment of Members to serve on the Town and Parish Councils Standards Sub-Committee will take place at the next meeting of the Standards Committee.

 

NOTE: The Town and Parish Councils Standards Sub-Committee’s membership must be chosen from the membership of the Standards Committee.

Minutes:

Council noted that the appointment of Members to serve on the Town and Parish Councils Standards Sub-Committee would take place at the next meeting of the Standards Committee as the membership of that Sub-Committee was required to be chosen from the membership of the Standards Committee.

12.

Election of Chairmen and Vice-Chairmen of Committees etc. for the 2021/2022 Municipal Year

With the exception of the Town and Parish Councils Standards Sub-Committee, Council will elect the Chairmen and Vice-Chairmen of the bodies listed under Agenda Item 7 above.

 

NOTE:  The elected Chairman and Vice-Chairman of the Resources and Services Overview & Scrutiny Committee must be Members appointed to that Committee who are also members of a Political Group that is not represented on the Council’s Cabinet.

 

Minutes:

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

 

RESOLVED that the Chairmen and Vice-Chairmen of the following Committees and Sub-Committee be and are elected respectively for the 2021/2022 municipal year as follows:

 

Committee/Sub-Committee

Chairman

Vice-Chairman

 

Audit

Community Leadership Overview & Scrutiny 

Human Resources & Council Tax

Licensing and Registration

Planning

Planning Policy & Local Plan

Resources and Services Overview & Scrutiny

Standards

Miscellaneous Licensing Sub-Committee

 

 

Coley

Chittock

Chapman

Winfield

White

Turner

Vacant

Land

V Guglielmi

 

Alexander

Amos

Griffiths

V Guglielmi

Bray

Fairley

Vacant

Steady

Coley

 

It was then moved by Councillor Allen, and seconded by Councillor Barry that Councillor M E Stephenson and Councillor Scott be elected Chairman and Vice-Chairman, respectively, of the Resources and Services Overview and Scrutiny Committee.

 

On being put to the vote it was:-

 

RESOLVED that Councillors M E Stephenson and Scott be elected Chairman and Vice-Chairman, respectively, of the Resources and Services Overview and Scrutiny Committee for the 2021/2022 municipal year.

13.

Report of the Monitoring Officer - A.1 - The Council's Constitution

Members are reminded that, in accordance with Council Procedure Rule 1.1 (xi), it is normal practice at the annual meeting of the Council to formally reaffirm the Council’s current Constitution.

 

The full text of the Council’s Constitution can be found on the Council’s website and Members have recently been provided with a booklet containing those sections of the Constitution most relevant to the work of Councillors.

 

RECOMMENDED – That the Council’s Constitution be reaffirmed.

Minutes:

Members were reminded that, in accordance with Council Procedure Rule 1.1 (xi), it was normal practice at the annual meeting of the Council to formally reaffirm the Council’s current Constitution.

 

The full text of the Council’s Constitution could be found on the Council’s website and Members had recently been provided with a booklet containing those sections of the Constitution most relevant to the work of Councillors.

 

The Corporate Finance and Governance Portfolio Holder (Councillor G V Guglielmi) recorded his thanks to the members of his Review of the Constitution Portfolio Holder Working Party for their constructive participation in the work of that body.

 

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

 

RESOLVED that the Council’s Constitution be reaffirmed.

14.

Reference from Cabinet - A.2 - Programme of Meetings: 2021/2022 Municipal Year pdf icon PDF 141 KB

The Council will consider the proposed programme of meetings for the 2021/22 Municipal Year.

Additional documents:

Minutes:

The Council gave consideration to a proposed timetable of meetings of the Council and its Committees for the 2021/2022 municipal year.

 

The programme of meetings also included dates for All Member Briefings in order to assist Members in keeping their diaries up-to-date.

 

It was moved by Councillor G V Guglielmi, seconded by Councillor Talbot and:

 

RESOLVED that -

 

(a)       the programme of meetings of the Council and its Committees, as set out in the Appendix to item A.2 of the Reference from Cabinet, be approved; and

 

(b)       the proposed dates for All Member Briefings for Members be noted.

15.

Report of the Corporate Finance & Governance Portfolio Holder - A.3 - Clacton and Holland-on-Sea Cliff Stabilisation Phase 2: Request for Funding pdf icon PDF 129 KB

To refer to Council, subject to Cabinet’s related decision on 23 April 2021, the Corporate Finance & Governance Portfolio Holder’s recommendation that Council commits the allocation of funding to the implementation of the proposed remedial work, which will stabilise approximately 200m of the cliff at several locations in Holland-on-Sea for the next 50 to 100 years and create new locations for approximately 30 new beach huts.

 

NOTE: Cabinet will consider this matter at its meeting to be held on 23 April 2021. The Cabinet’s recommendations will be circulated to Members as soon as possible after its meeting on 23 April.

Additional documents:

Minutes:

It was reported that, since February 2020, three areas of cliff in Holland-on-Sea had collapsed or been identified as likely to collapse. Whilst monitoring of the movement was continuing to take place the design of remedial measures had been completed and tenders had been invited, received and assessed as it had been felt that if no action was taken further cliff collapse was likely which would expose the Council to significant reputational, financial and legal risk.

 

Council was informed that the lowest tender received was in the sum of £1,930,212.92. An allocation of funding in excess of this would considered to be prudent in order to allow for contingencies and potentially increasing material costs.

 

It was for those reasons that the Portfolio Holder for Corporate Finance & Governance (Councillor G V Guglielmi) had submitted a report to the formal meeting of the Cabinet that had been held on Friday 23 April 2021 that, inter alia, had requested Cabinet to recommend to Council that it authorised the use of the £1.5m beach recharge reserve to fully fund the proposed cliff stabilisation scheme.

 

Members were made aware that the provisions of the Financial Procedure Rules, as set out in Part 5 of the Council’s Constitution and specifically Section 6.15 (Part 5.37) required the approval of Full Council for the use of this reserve. Conventionally, the Annual Meeting of the Council did not consider general business. However, in this case the Portfolio Holder had proposed that an exception to that convention be accepted in order to enable the Coastal Protection Team to accept the tender for the work as early as reasonably practicable. A timely commencement would maximise the proportion of work that could be attempted during summer weather; reduce the risk of increasing material prices; and address urgent stability work more quickly.

 

Prior to the commencement of the meeting the Committee Services Manager had circulated to all Members of the Council the text of Cabinet’s decision on this matter, which had been to recommend to Council that it authorised the use of the £1.5m beach recharge reserve in order to fully fund the proposed cliff stabilisation scheme.

 

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

 

RESOLVED that the use of the £1.5m beach recharge reserve to fully fund the proposed cliff stabilisation scheme be approved.

16.

Appointment of Member Authority Representatives to serve on/at the General Assembly of the Local Government Association

In accordance with Council Procedure Rule 1.1 (xiv) the Council will appoint up to four Members, with each Member being a Member Authority Representative to serve on/at the General Assembly of the Local Government Association.

 

NOTE: Two of the Members appointed must be the Leader and Deputy Leader of the Council. Up to two further names can be put forward to Council by the Leader of the Council and/or by other Group Leaders.

Minutes:

In accordance with Council Procedure Rule 1.1 (xiv) the Council was requested to appoint up to four Members, with each Member being a Member Authority Representative to serve on/at the General Assembly of the Local Government Association. Council was aware that two of the Members appointed must be the Leader and Deputy Leader of the Council.

 

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

 

RESOLVED that, in addition to the Leader and Deputy Leader of the Council, Councillors Coleyand I J Henderson be appointed to represent Tendring District Council as Member Authority Representatives at the General Assembly of the Local Government Association.