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

Apologies for absence were submitted on behalf of Councillors Bucke, Honeywood and Ferguson.

The Council will receive the Returning Officer’s Report on the by-election held on 9 February 2017 in the Great and Little Oakley Ward.

The Returning Officer reported that, at the by-election in the Great and Little Oakley Ward of the District, held on 9 February 2017, Michael Bush had been duly elected as a Councillor for the Great and Little Oakley Ward of the District of Tendring.

The Returning Officer also formally reported to Council that Councillor Michael Bush had since made a Statutory Declaration of Acceptance of Office.

Councillor Bush had also given notice that he wished to be treated as a member of the United Kingdom Independence Party (UKIP) Group for the purposes of the Local Government and Housing Act 1989. That notice had been counter-signed by the Leader of the UKIP Group, Councillor Stephenson.

Members congratulated Councillor Bush with a round of applause.

The Council noted the foregoing.

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 7 February 2017.

RESOLVED, that the minutes of the ordinary meeting of the Council, held on Tuesday 7 February 2017, be approved as a correct record and signed by the Chairman.

Councillors are invited to declare any disclosable pecuniary interests, or other interest, and the nature of it, in relation to any item on the agenda.

There were none made at this time.

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

The Chairman’s and Vice-Chairman’s engagements for the period 24 January 2017 to 23 March 2017 were tabled at the meeting.

Swimming Teachers

The Chairman reported that, following a trial, 10 unemployed members of the public covering an age range of between 17 – 51 years old had achieved Level 1 for Swimming Teachers and were shortly to embark on their Level 2.

Lisa Hastings

The Chairman welcomed back Lisa Hastings, Head of Governance and Legal Services & Monitoring Officer following her recovery from a surgical operation.

Councillor Michael Bush

The Chairman congratulated Councillor Bush on his election to the Council.

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

Further to Minute 137 (7.2.17) the Chief Executive informed Council that the review of the arrangements for security and for filming at meetings of the Council was underway. He confirmed that this review would be extended to also include Committee etc. meetings in due course.

The Chief Executive stated that initial steps had been undertaken which included a guidance note for the public which had been placed on seats in the public gallery and also that Officers were present in a ‘front of house’ role to welcome the public and to deal with any issues as they arose.

The Chief Executive also informed Council that when the review was finalised the outcome of that review would be presented at an All-Member Briefing in order to receive Members’ feedback and comments on its contents.

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.

The Leader of the Council made the following statements -

New Prisons

“The Government has committed to creating 10,000 modern prison places by 2020 backed by £1.3 billion to transform the estate. As part of this review the Ministry of Justice wrote to all local authorities in early 2016 to enquire whether they had any sites which matched certain criteria and which may be suitable for a new prison.

20 local authorities responded, of which Tendring was one, on the grounds that a new prison would secure inward investment and economic development as well as creating many, many much-needed jobs. Three employment sites in the District were put forward which came closest to matching the Ministry of Justice criteria.

We received no further communication, or reply, from the Ministry of Justice and doubtless all Members will be aware that last week the Justice Secretary announced that sites at Full Sutton, Hindley, Rochester and Port Talbot have been earmarked for development of new prisons. There are no plans to build a prison in Tendring.”

The Leader of the Council then responded to a question asked by Councillor J Henderson.

Douglas Carswell MP

“The Member of Parliament for Clacton, Douglas Carswell, announced over the weekend that he has quit UKIP and will now sit as an Independent MP.

There has understandably been much speculation about whether there will be yet another by-election following this decision, and there has been much national and international press coverage of the issue and hence of this District, and the Clacton constituency in particular, as a result.

For the benefit of clarity there is no vacancy and hence there will be no by-election, and there appears to be no likely prospect of one occurring unless and until Mr. Carswell chooses to resign.

So, in the meantime, I would advise all residents in the Clacton constituency to continue to go to Mr. Carswell as their member of Parliament for help and support on any issue that they see fit.”

Use of Council Resources and Comments about Essex Police

“My third and final statement relates a little bit to the previous one, in terms of some of the subject matter, but not entirely.

In particular, I was less than impressed with the large number of emails that populated my official Tendring District Council inbox over the weekend – sent from Members to all other Members, and sometimes including an even wider audience as well.

It is not my position to lecture Members on their obligations under the Code of Conduct which we all signed before taking office and nor is it my position to comment on the appropriate use of Council resources; I will leave that to others, although I might be tempted to remind Members that we have all agreed to certain standards of behavior and maybe some Members might be well-advised to refresh their memory as to what those obligations and duties are.

I make this statement tonight to commend and congratulate the vast  ...  view the full minutes text for item 152.

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.

There were no statements by members of the Cabinet on this occasion.

The Council will receive the annual State of the Tendring District Statement from the Leader of the Council.

The Council received the Annual State of the Tendring District Statement from the Leader of the Council (Councillor Stock) as follows:-

“Madam Chairman, Councillors, members of the public, I am proud to present to you this year’s State of Tendring address. This statement is intended to give you a summary of the Council’s achievements over the past year; to reflect on the journey we have travelled, and to consider the challenges that lie ahead.

We now approach the mid-term point of the electoral cycle, following the 2015 Election, and quite frankly, we should all be extremely proud of what we have achieved and the progress that has been made. Our success has continued despite the year-on-year financial challenges.

We continue to demonstrate strong community leadership through all aspects of our work. We are an integral part of local, regional and national partnership working, we lead the way with innovative solutions to local challenges, all the time aiming to improve the lives of our local Tendring residents.

Here are a few examples:

Starting with our Coastal projects and festivals following the completion of the £36million coast defence and regeneration project, we are now embarking on a new £5million scheme to stabilise the cliffs along the Clacton to Holland coastline. This project has come about due to the outstanding success of the previous coastal work completed in October 2015, which was completed on time and under budget.

We have had a second Beach Festival in 2016 with 50,000 people attending, and there are plans progressing to make the most of our beach economy, developing a series of Tendring Festivals, with the jewel in the crown, the Clacton Air Show.

The 25^th Clacton Air Show gave us another fantastic two days, as well as evening flights. An estimated 250,000 enjoyed the event. The evening flights ensured that more people stayed in the District enjoying Tendring and boosting the local economy. The Air Show team were also delighted to be recognised at a national level, receiving the national award for the Event of the Year by the National Outdoor Events Association (NOEA).

Other outdoor events during 2016 included the Beat the Street programme attracting over 10,000 participants and of course, the ever-popular Tour de Tendring.

Progress across different areas of the District includes developing the unique tourism offer of Harwich and Dovercourt; and we have forged strong and positive relationships with a wide range of partners.  This collaborative working has led to a number of achievements such as an ‘Historic Harwich’ brand, which is now being proudly displayed in the windows of local businesses, together with a tourism website and a soon to be released promotional film.  And as the 400^th anniversary of the sailing of the Mayflower to America approaches, we are working with national partners to ensure the integral part which Harwich played in this iconic story is recognised world-wide and we take full advantage of the once-in-a-lifetime tourism opportunity that 2020 brings.

Progress also continues to be  ...  view the full minutes text for item 154.

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

There are none on occasion.

There were none on this occasion.

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.

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.

There were no questions on this occasion.

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.

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.

There was one question on this occasion as set out below:

Question

From Councillor Richard Everett to Councillor Neil Stock, Chairman of the Local Plan Committee:

“At the meeting of the Local Plan Committee held on Thursday, 19th January, 2017, a methodology for calculating the Five-Year Housing Land Supply was discussed. The Local Plan Committee:

• agreed a flawed methodology for calculating the five-year housing land supply; 
• noted an underestimation of the real position of a five-year housing land supply; and

Given that these decisions were taken on incomplete and incorrect data, and excluding an essential element of supply permitted by the High Court ruling last year (the Modwen Judgement), does the Chair of the Local Plan Committee feel that it was wise voting for a flawed methodology that gives speculative developers a green light for their development?

Further does he feel that the underestimation of the real position on housing land supply is fair to the people of Tendring who wish to be able to defend against greedy developers dumping their housing in inappropriate places, such as Ardleigh, Great Bentley, Great Oakley, Kirby, Little Clacton and Weeley to name just a few.”

Councillor Stock replied as follows:

“Chairman, let me start by saying that I expect difficult and demanding questions from opposition Members who dislike or disagree with decisions that have been made by the Council under my leadership; they are a right and proper part of the democratic process and an essential and vital element of the scrutiny and challenge that is necessary for good government.

But I have to say that this question appears to represent none of those values and quite frankly Chairman it is difficult to know where to start to answer a question from a Member who within his question and by statements he has made previously in this chamber and elsewhere challenges the integrity of everyone who sits on the Local Plan Committee; has gone to the Police claiming that Officers and / or Members are corrupt and is attempting to seek a judicial review against a decision taken by a committee upon which he was sitting when the decision was made.

Members will be aware that the position in Tendring, in respect of a 5-year supply of housing land is a quickly improving one; supply was calculated to be 3 years at 31 March 2016 it is estimated that it will be 4.4 years by the end of this month.

Councilolr Everett refers to decisions made by the Local Plan Committee on 19 January this year – a meeting of the committee that was not only attended by Councillor Everett as a member of it but where I am informed  ...  view the full minutes text for item 157.

The Council will receive a report on any Cabinet decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 17.4, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

Council had before it a report of the Leader of the Council, which in accordance with the requirements of Rule 17.4 of the Access to Information Procedure Rules and Rule 16(i) of the Overview and Scrutiny Procedure Rules, notified Members of an Executive Decision taken in the circumstances set out in Rule 16 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules.

It was reported that the decision in question had been taken by the Leader of the Council and related to his agreement that the Council submit a bid to bring a time trial stage of the Men’s Cycle Tour of Britain 2017 to the District of Tendring.

It was moved by Councillor Stock and RESOLVED that the contents of the report be noted.

The Council will receive the minutes of the following Committees:

(a)       Community Leadership and Partnerships Committee of Monday 9 January 2017;

(b)       Local Plan Committee of Thursday 19 January 2017;

(c)       Audit Committee of Thursday 26 January 2017;

(d)       Corporate Management Committee of Monday 13 February 2017;

(e)       Community Leadership and Partnerships Committee of Monday 20 February 2017;

(f)        Council Tax Committee of Wednesday 22 February 2017;

(g)       Service Development and Delivery Committee of Monday 27 February 2017;

(h)       Corporate Management Committee of Monday 13 March 2017;

(i)         Human Resources Committee of Tuesday 14 March 2017; and

(j)         Audit Committee of Thursday 16 March 2017.

NOTES: (1) 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

(2)  The minutes referred to in items (i) and (j) above are to follow.

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

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

(a)  Community Leadership and Partnerships Committee of Monday 9 January 2017;

(b)  Local Plan Committee of Thursday 19 January 2017;

(c)  Audit Committee of Thursday 26 January 2017;

(d)  Corporate Management Committee of Monday 13 February 2017;

(e)  Community Leadership and Partnerships Committee of Monday 20 February 2017;

(f)   Council Tax Committee of Wednesday 22 February 2017;

(g)  Service Development and Delivery Committee of Monday 27 February 2017;

(h)  Corporate Management Committee of Monday 13 March 2017;

(i)    Human Resources Committee of Tuesday 14 March 2017; and

(j)    Audit Committee of Thursday 16 March 2017.

Community Leadership and Partnerships Committee – 9 January 2017 – Minute 29 – East Anglia Rail Franchise

Councillors I J Henderson and Scott each raised questions and concerns with regard to the proposed closure of ticket offices on certain stations to which the Chairman of the Community Leadership and Partnerships Committee (Councillor Fairley) responded.

Service Development and Delivery Committee – 27 February 2017 – Minute 38 – Update on Review of Spendells & Honeycroft Sheltered Housing Schemes

Councillor I J Henderson raised questions and concerns with regard to Essex County Council’s (ECC) intention to withdraw Housing Related Support Funding from the end of the current financial year which would leave this Council with a £100,000 deficit in the Housing Revenue Account. The Chairman of the Service Development and Delivery Committee (Councillor Griffiths) responded thereto.

Corporate Management Committee – 13 March 2017 – Minute 59 – Corporate Budget Monitoring Report for the Third Quarter of 2016/17

Councillors I J Henderson, Scott and Stephenson all commented on the Corporate Management Committee’s decision to request Cabinet to urge ECC to reconsider its decision to end the Supporting People funding. The Committee had expressed its disappointment that this Council had not made a public protest about this and that this was a precedent for future ECC decisions. The Committee was also concerned that any public blame for any future decision to remove Sheltered Housing Wardens as a result of the ensuing budgetary pressures would be placed at the door of TDC.

The Chairman of the Corporate Management Committee (Councillor Steady) responded to the points raised.

The Council will consider motions, notice of which has been given, pursuant to Council Procedure Rule 12.

There are none on this occasion.

There were no motions submitted to Council, pursuant to Council Procedure Rule 12, on this occasion.

Council’s approval is sought in respect of the Annual Treasury Strategy for 2017/2018.

Cabinet considered the Strategy at its meeting held on 17 March 2017 and its recommendation to Council is contained in Minute 166 which is shown in bold text. The Report of the Resources and Corporate Services Portfolio Holder which Cabinet considered is attached.

The Council had before it the recommendations submitted to it by the Cabinet in respect of the proposed merger of the Annual Treasury Strategy for 2017/2018 [Minute 166 of the Cabinet meeting held on 17 March 2017 referred].

It was moved by Councillor G V Guglielmi and RESOLVED that the Annual Treasury Strategy for 2017/2018 (including Prudential and Treasury Indicators), be approved and implemented.

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

There are none on this occasion.

There were none on this occasion.

To inform Council of the date of the By-Election in the St James Ward.

The Chief Executive formally reported that Notice of the vacancy in the St James Ward had been given and requests to fill the vacancy had been received. The by-election would be held on Thursday 6 April 2017.

Council noted the foregoing.

Following the by-election held in the Great and Little Oakley Ward, to report the outcome of a review of the allocation of seats to political groups carried out in accordance with Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(b) of the Local Government (Committees and Political Groups) Regulations 1990.

It was reported that, following the by-election in the Great and Little Oakley Ward and in accordance with Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(b) of the Local Government (Committees and Political Groups) Regulations 1990 a review of the allocation of seats to political groups had been subsequently carried out.

The outcome of that review was that the UKIP Group were entitled to one extra seat.

Consequently, on 27 February 2017 and in accordance with the wishes of the Leader of the UKIP Group and the authority delegated to the Chief Executive, the following appointment had been made:

Planning Committee

Councillor Davis was appointed to fill the vacant seat.

Council noted the foregoing.

To enable Council to consider the operation of political proportionality rules in allocating seats on Committees etc. to Non-Aligned Members.

To enable Council to then choose one of the three available options which will be implemented with effect from the Annual Meeting of the Council on 25 April 2017.

The Council had before it a report of the Corporate Director (Corporate Services) which sought to enable Council to:

·         consider the operation of political proportionality rules in allocating seats on Committees etc. to Non-Aligned Members; and

·         then choose one of the three available options which would be implemented with effect from the Annual Meeting of the Council on 25 April 2017.

Council was reminded that the political proportionality rules that applied in allocating seats on Committees etc. were set out in the Local Government and Housing Act 1989 and applied only to political groups and not non-aligned Members.

It was reported that Members had requested clarification on this and therefore Officers had reviewed how the political proportionality rules applied in allocating seats on Committees etc. to Non-Aligned Members (i.e. Members who wee not a member of any political group on the Council). This was also in the light of the fact that six Members were not a member of any political group which equated to 10% of the Council’s total membership.

Following that review Officers had put forward three options for Members to consider, namely:

Option One – Maintain the Status Quo

This Option was an alternative approach that departed from Section 15 of the 1989 Act and could only be implemented in strict accordance with Section 17 of that Act i.e. only if no Member of the Council voted against.

This Option would see the Council continue its current practice of including the Non-Aligned Members in the initial calculation and allocate seats to them as if, in effect, they were a group in themselves. At the present time this would equate to 10% of the overall seats on Committees etc.

Appendix A to the Report of the Corporate Director (Corporate Services) set out an example of how, based on the current information, such a calculation would look for the Annual Meeting of the Council in April.

Option Two – Do Not Include The Non-Aligned Members In The Initial Calculation

This Option was an alternative approach that departs from Section 15 of the 1989 Act and could only be implemented in strict accordance with Section 17 of that Act i.e. only if no Member of the Council voted against.

This Option would see the Council not include the Non-Aligned Members in the initial calculation or allocation of seats but would instead see the Non-Aligned Members assigned the remaining “left-over” seats once the Political Groups had taken their allocations.

Appendix B to the aforementioned report set out an example of how, based on the current information, such a calculation would look for the Annual Meeting of the Council in April.

Option Three – Do Not Include The Non-Aligned Members At All

This Option complied with Section 15 of the 1989 Act.

This Option would see the Council not include the Non-Aligned Members at all and the initial calculation would be carried out as if the Council had, in effect, 54 Members and not 60. Therefore, no Non-Aligned Members would  ...  view the full minutes text for item 165.

Council’s approval is sought in respect of the Pay Policy Statement for 2017/18.

Further to minute 22 of the meeting of the Human Resources Committee held on 14 March 2017 the Council gave consideration to a proposed Pay Policy Statement for 2017/18 which would meet the requirements of the Localism Act 2011 (Section 38(1)).

The Chief Executive declared a pecuniary interest in this item and left the meeting during the consideration thereof and the voting thereon.

Councillors I J Henderson and Scott addressed the Council during the debate on this item.

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

RESOLVED that

(a)       the Pay Policy Statement 2017/18, as set out in the Appendix to item A.5 of the Report of the Corporate Director (Corporate Services), be adopted; and

(b)       the costs of applying the salary payments from SCP8 on the National Joint Council pay spine be met from existing salary/vacancy provision within budgets.

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

There were none on this occasion.