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 - 11 September 2018

Items
No. Item

53.

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 Bennison, Cossens, Ferguson, Khan and Watling MP.

 

In response to a question raised by Councillor Calver, the Monitoring Officer (Lisa Hastings) read out the wording of Article 2.06 (Attendance) of the Council’s Constitution as follows:-

 

“It is a requirement that if a Member exceeds four months without attending a meeting of the Council or attending a meeting of a committee or sub-committee of the Council either as an appointed member of a committee/sub-committee or as a substitute member of a committee/sub-committee that shall be reported to the next Council meeting.”

 

The Monitoring Officer informed Council that Councillor Watling had attended a meeting of the Cabinet within the last four months.

54.

Minutes of the Last Meeting of the Council pdf icon PDF 183 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 3 July 2018.

Minutes:

RESOLVED that the minutes of the ordinary meeting of the Council, held on Tuesday 3 July 2018 be approved as a correct record and signed by the Chairman.

55.

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.

56.

Announcements by the Chairman of the Council

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

Minutes:

Pride of Tendring Awards 2019

 

The Chairman was pleased to announce that the nomination period for the Pride of Tendring Awards 2019 was now open. He stated that this prestigious event, now in its 8th year, continued to be one that truly inspired and celebrated the achievements of groups and individuals throughout the District. 

 

The nomination period would be open until 5pm on Friday 2nd November 2018 and Members could submit their nominations via the electronic link that had been previously emailed to them. 

 

If any Members had problems submitting the form, the Chairman requested that they contact Emma Haward (01255 686907) or Lizzie Ridout (686340) in the Leadership Support office.

 

The Chairman informed Council that the Pride of Tendring Awards 2019 evening would take place on Friday 22nd March 2019 and he hoped to see all Members there.

 

“Tommy” Statue

 

The Chairman was aware that many Members would have seen the Council’s ‘Tommy’ statue and heard of his tour of duty around Tendring.  He thanked Members along with the town and parish councils who had supported ‘Tommy’s’ tour, which had already covered Manningtree, Thorpe-le-Soken, Frinton, Brightlingsea, St Osyth, Holland-on-Sea, Jaywick Sands and Bradfield, along with various events such as the Air Show, the Land of Hope and Glory concert, and VE Day. ‘Tommy’ had so far travelled 134 miles.

 

The Chairman requested that if any Member would like to have ‘Tommy’ visit their ward or a special event, they should contact Lizzie Ridout and she would do her best to incorporate their request into the schedule.

57.

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.

58.

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:

(1)    RSPCA Awards

 

The Leader of the Council (Councillor Stock OBE) reminded Members that this Council had been recognised for several years by the RSPCA animal welfare charity for its work supporting stray pets with the award of its Community Animal Welfare ‘Pawprints’ award. He was delighted to inform Members that the Council’s Dog Warden Team had won a Gold Award for the fifth year running. In recognition of that and to also mark ten years of the ‘Pawprints’ awards the Team had also been awarded a platinum award.

 

The Council’s Housing Team had also been awarded a Bronze Award for its work in supporting tenants with pets.

 

Councillor Stock stated that the whole Council could be proud of those achievements and he congratulated all those Officers involved.

 

(2)    Local Plan Update

 

The Leader of the Council informed Council that he had hoped to give Members an update on the Local Plan progress but that he was unable to do so pending the outcome of a meeting of Colchester Borough Council’s Local Plan Committee on 13 September 2018. He undertook to give Members an update as soon as possible after that meeting had been held.

 

(3)    Grace Mi

 

The Leader of the Council informed Council that he had been made aware by the local Ward Members, that Grace Mi, a resident of Mistley, was facing deportation to PR China. Having been informed of Grace’s personal circumstances and the significant support that she was receiving from the local community, Councillor Stock stated that he was prepared to write to the Home Secretary to request that Grace Mi’s deportation be suspended pending a review of her case.

 

Councillors G V Guglielmi, Coley and I J Henderson asked questions of the Leader of the Council and made statements expressing their support for Grace Mi.

 

Councillor I J Henderson suggested that this Council should resolve an emergency motion to give the whole Council’s support to Councillor Stock’s proposed action.

The Monitoring Officer (Lisa Hastings) informed Members that Council would have to resolve, pursuant to Council Procedure Rule 25.1, to suspend, for this meeting only, Council Procedure Rule 12.3 in order to allow this to happen.

 

It was moved by Councillor Turner, seconded by Councillor Scott and:-

 

RESOLVED that, in accordance with Council Procedure Rule 25.1 (Suspension of Council Procedure Rules), Council Procedure Rule 12.3 (Scope of Motions) be suspended for the duration of this meeting in order to allow Council to consider an urgent motion in respect of the matter of Grace Mi’s deportation.

 

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

 

RESOLVED that the Council requests that the Leader of the Council writes to the Home Office and the Home Secretary to request that the deportation of Grace Mi be suspended until further notice pending a comprehensive review of this case.

59.

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:

Clacton Town Centre Portfolio Holder Working Party

 

The Investment and Growth Portfolio Holder (Councillor Fairley) gave an update to Members on her Clacton Town Centre Working Party which included the fact that Councillors Amos, Skeels Snr. and Stephenson would be serving on the Working Party and that its first meeting was due to be held on 21 September 2018.

 

She further stated that the working party would work in partnership with town centre businesses, local community groups and other stakeholders to explore options for improving the area as the retail market changed nationally. To assist that process residents, businesses and community groups would also be asked for their views through a questionnaire.

 

Clacton Air Show 2018

 

The Leisure and Tourism Portfolio Holder (Councillor Skeels Snr.) thanked the Officers and all those involved who had put together another spectacular Air Show. He informed Council that it was an encouraging sign that increasing numbers of people were attending the Air Show as part of a longer stay in the District.

60.

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.

61.

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.

62.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 66 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.

 

Four 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.

 

Four questions had been submitted as set out below:

 

Question One

 

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

 

“Beach Litter

 

What is going on with this beach contract? 

 

We are starting to look very silly, and this is doing nothing to enhance the image of our town. I look forward to your comments on this.”

 

Councillor Talbot replied along the following lines:-

 

“I thank you for your question and in particular I share your concern about the “Image of our Town”, a question which on this occasion you have addressed, just to me alone, rather than the 185 people on your mailing list, to whom you usually also write to with any complaint you send to me and my officers. How these 185 people help your very sincere desire to “enhance the image of our town”, I just do not know, as I would have thought it was in danger of having the opposite effect!

 

My officer has provided me with an answer to your question in the following terms:

 

This summer has been an exceptional year with unprecedented temperatures for prolonged periods. This has resulted in an unparalleled number of tourists visiting Tendring’s tourist destinations including a large organised group of day trippers turning up in coaches one Sunday.

 

Whilst this increase in tourist numbers spells good news for the resorts, businesses and District as a whole it has also placed an unprecedented pressure upon the resources deployed to clean the seafront areas including the beaches.

 

During the summer months we place over an additional 130 wheeled bins along the seafronts areas which are emptied twice daily and beaches are litter picked every morning with extra beach cleaners deployed during the day. Following the issues highlighted this summer of large amounts of litter being left on the beaches in Clacton by tourists and extra 20 wheeled bins were deployed in Clacton to help provide beach users to dispose of their waste responsibly but we should not forget that the emphasis remains upon the individuals who make the conscious choice to just leave their rubbish on the beach, making no attempt to dispose of their waste in an appropriate manner. The public need to be educated to dispose of their waste responsibly, consequently   signs have been placed on the A133; the gateway to Clacton to remind the public to take their waste home with them. Additionally discussions have been made with our contractors to provide a more flexible beach cleaning service for future summers with the potential of beach cleaning operatives working into the late evenings to help remove any large litter accumulations left by beach users.”

 

Councillor Pemberton then asked a supplementary question to which Councillor Talbot then replied.

 

Question Two

 

From Councillor I J Henderson to Councillor Stock OBE, Leader  ...  view the full minutes text for item 62.

63.

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 17.4, 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.

64.

Minutes of Committees pdf icon PDF 134 KB

The Council will receive the minutes of the following Committees:

 

(a)       Resources and Services of Monday 2 July 2018;

 

(b)       Standards of Monday 23 July 2018;

 

(c)       Audit of Thursday 26 July 2018; and

 

(d)       Resources and Services of Monday 30 July 2018.

 

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)    Resources and Services of Monday 2 July 2018;

 

(b)    Standards of Monday 23 July 2018;

 

(c)    Audit of Thursday 26 July 2018; and

 

(d)     Resources and Services of Monday 30 July 2018.

65.

Motion to Council - "Free Swimming Lessons for Children" pdf icon PDF 213 KB

The Council will consider a motion, notice of which has been given by Councillor Pemberton, in accordance with Council Procedure Rule 12.

Minutes:

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

 

“That this Council takes the necessary steps to offer, at Clacton Leisure Centre and other suitable venues, up to six free swimming lessons every year for all children under the age of 15 years, in order to see that every child in the District of Tendring can be taught to swim, cope with a riptide or strong current, swim/float fully clothed and learn basic life-saving.”

 

Councillor Pemberton formally moved the motion and Councillor Gray formally seconded the motion.

 

The Chairman informed Council that, pursuant to Council Procedure Rule 12.4, he would refer the motion to the Cabinet.

 

Councillor Pemberton’s motion thereupon stood referred, without speeches or discussion, to the Cabinet for its consideration and report.

66.

Motion to Council - "Proposed Planning Condition re: Dust Suppression at Development Sites" pdf icon PDF 97 KB

The Council will consider a motion, notice of which has been given by Councillor Bray, in accordance with Council Procedure Rule 12.

Minutes:

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

 

This Council resolves that:-

 

1.      Subject to there being no objection from the Planning Inspectorate,  ALL future planning applications approved by this Council, contain a condition requiring the developer / constructor to take all reasonable steps, using dust suppression techniques to ensure that, as far as possible, existing residents living in near proximity to the construction site are not adversely affected by construction related dust; and

 

2.    If any objection is received from the Planning Inspectorate, that objection will be disclosed fully to Councillors in order that this motion can be amended to take account of any such objection at some future time.”

 

Councillor Bray formally moved the motion and Councillor Bush formally seconded the motion.

 

The Chairman informed Council that, pursuant to Council Procedure Rule 12.4, he would refer the motion to the Planning Committee.

 

Councillor Bray’s motion thereupon stood referred, without speeches or discussion, to the Planning Committee for its consideration and report.

67.

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.

68.

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.

69.

Report of the Chief Executive - A.1 - Change of Name of a Political Group on Tendring District Council pdf icon PDF 63 KB

The Council is asked to note the change of name of a political group on Tendring District Council.

Minutes:

The Chief Executive formally reported that, pursuant to Regulation 8(5) of the Local Government (Committees and Political Groups) Regulations 1990, the Leader of the then Holland Residents’ Group had, on 13 July 2018, served formal notice on the Council that her Group wished to change its name to instead be the Holland-on-Sea Group.

 

Council noted the foregoing.

70.

Report of the Chief Executive - A.2 - Change in Membership of Political Groups and a Review of Membership of Committees pdf icon PDF 11 KB

To inform Council of recent changes in the membership of the UKIP political group and the consequent dissolution of the Non-Aligned political group.

 

To also enable Council to consider and formally approve the outcome of a review of the allocation of seats to political groups which has been carried out in accordance with Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(c) of the Local Government (Committees and Political Groups) Regulations 1990. The outcome of that review has been agreed by Group Leaders.

Additional documents:

Minutes:

The Chief Executive formally reported that –

 

(1) pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Peter Cawthron on 4 July 2018, had served formal notice on the Council that he no longer wished to be treated as a member of the Non-Aligned political group;

 

(2) on 13 July 2018, Councillor Cawthron, pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, had served formal notice on the Council that he wished to be treated as a member of the UKIP political group. That notice had been duly counter-signed by the Leader of the UKIP Group (Councillor Mary Newton);

 

(3) pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Alex Porter on 18 July 2018, had served formal notice on the Council that he no longer wished to be treated as a member of the Non-Aligned political group;

 

(4) as Regulation 8(1) of those Regulations required a political group to have a minimum of two members this meant that the Non-Aligned Group automatically had ceased to exist as mandated in Regulation 8(2); and

 

(5) on 18 July 2018, Councillor Porter, pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, had served formal notice on the Council that he wished to be treated as a member of the UKIP political group. That notice had been counter-signed by the Leader of the UKIP Group (Councillor Newton).

 

Council noted the foregoing.

 

The Chief Executive further reported that, in accordance with Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(c) of the Local Government (Committees and Political Groups) Regulations 1990, a review of the allocation of seats to political groups had been carried out.

 

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

 

RESOLVED that the Schedule of Appointments to Committees (which had been previously agreed by Group Leaders and which was set out as an appendix to item A.2 of the Report of the Chief Executive), be approved with immediate effect.

71.

Report of the Head of Leadership Support and Community - A.3 - Flag Flying Protocol pdf icon PDF 195 KB

To seek Council’s approval and adoption of a protocol to govern the flying of flags at Clacton Town Hall.

Additional documents:

Minutes:

Further to the decision taken by Full Council at its meeting held on 3 July 2018 (minute 46 referred), a protocol had been prepared to establish dates on which flags should be flown; the circumstances of how those flags should be flown; and any associated decision making in respect of flying flags outside of the terms of the protocol.

 

Members were informed that whilst the general principle applied by the Authority was to follow the advice provided by central Government, a framework for local decision making in respect of the flying of flags would assist in the determination of any additional requests.

 

Council’s approval was therefore being sought for the adoption of a protocol to govern the flying of flags at Clacton Town Hall.

 

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

 

RESOLVED that the Flag Flying Protocol for Clacton Town Hall, as set out in Appendix A to item A.3 of the Report of the Head of Leadership Support and Community, be approved and adopted.

72.

Report of the Monitoring Officer - A.4 - Proposed Revision of Annex E of the Standards Complaints Investigation Procedure pdf icon PDF 105 KB

To enable Council to consider and formally approve a proposed revision of Annex E of the Standards Complaints Investigation Procedure, as requested by the Standards Committee at its meeting held on 23 July 2018.

Additional documents:

Minutes:

Council was informed that, at the meeting of the Standards Committee held on 23 July 2018 (Minute 33 referred) the Monitoring Officer had referred to Part 4 of Annex E of the Standards Complaints Investigation Procedure and had explained to that Committee that at the present time the report that the Investigator produced did not have to include comments on all of the issues complained of, if for example, the Investigator found that only one issue had been proven.  She had also informed that Committee that if it agreed that Annex E needed to be amended to reflect this then this would need to go to Council for approval as Annex E was part of the Council’s Constitution.

 

It had therefore been moved by Councillor P Honeywood, seconded by Councillor Nicholls and:

 

RESOLVED that the revision to Annex E of the Standards Complaints Investigation Procedure be referred to Council.”

 

Members were aware that the proposed revision to Annex E was set out, for Council’s consideration, in the Appendix to the Monitoring Officer’s report with the suggested changes indicated in RED.

 

It was moved by Councillor Heaney, seconded by Councillor Skeels Snr. and:

 

RESOLVED that the revised Annex E of the Standards Complaints Investigation Procedure, as set out in the Appendix to item A.4 of the Report of the Monitoring Officer, be approved and implemented with immediate effect.

73.

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.