Agenda and minutes

Venue: Meeting will be held in accordance with SI 684/2020. Link to live stream is found at https://www.tendringdc.gov.uk/livemeetings

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

Items
No. Item

10.

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 Calver and Chittock.

11.

Minutes of the Meetings of the Council held on 11 February and 21 July 2020 pdf icon PDF 151 KB

The Council is asked to approve, as correct records, the minutes of:-

 

(a)    the ordinary meeting of the Council held on 11 February 2020; and

 

(b)    the extraordinary meeting of the Council held on 21 July 2020.

Additional documents:

Minutes:

RESOLVED that the Minutes of the ordinary meeting of the Council held on 11 February 2020 and the extraordinary meeting of the Council held on 21 July 2020 be approved as correct records and be signed by the Chairman.

12.

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.

13.

Announcements by the Chairman of the Council

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

Minutes:

First ‘Hybrid’ Meeting

 

The Chairman informed Members that this Council was one of the first in the country to hold a ‘hybrid’ meeting and he congratulated all those who had been involved in making this meeting happen.

 

Human Resources Award

 

The Chairman was delighted to share with Members that the Council had won a national HR award from the PPMA (Public Services People Managers' Association).

 

Chairman’s Charity

 

The Chairman informed Council that his charity for this year was CVS Tendring and that he would shortly be undertaking a sponsored ‘sky dive’ to raise funds.

 

Birthday Best Wishes

 

The Chairman wished a Happy Birthday to Councillor Carlo Guglielmi.

14.

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.

15.

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:

There were none on this occasion.

16.

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.

17.

Annual State of the Tendring District Statement by the Leader of the Council

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

Minutes:

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

 

“Chairman, Councillors, and members of the public, I am proud to present to you this year’s State of Tendring address. When I first started preparing this annual statement earlier in the year, we were in very different times. My original wording included reflections on the General election, which had taken place just a few weeks previously, but which now seems such a long time ago.

 

As you will all recall, there were a number of changes in the May 2019 District Elections and for some this is their first time as a District Councillor – and what a baptism of fire you have had! This has been a hugely challenging time for all Councillors; never has there been such a change in the way in which we work. Whether it be the way we communicate with our residents, the way meetings are conducted via virtual meetings or directing the focus of the council which has significantly changed. The Government, you will recall, had to make emergency legislation just for it to be legal for us to meet like this, as previously it was unlawful to do so.

 

Being a Councillor is both a rewarding and a privileged form of public service. We are all in a position to make a difference to the quality of people’s daily lives and prospects. That has never been truer than now and I know how much effort we have all been putting in to support our communities and our vulnerable residents.

 

I keep returning to Community Leadership which is at the heart of the Council’s priorities. I think that we will all agree that our Council has shown superb Community Leadership during this pandemic. We lead the way in Tendring with innovative solutions and a ‘can-do’ approach, as we aim to support and improve the lives of our local residents and our businesses.

 

A few months ago new responsibilities brought about by the Covid epidemic landed in Tendring and quickly saw the teams rally round and implement a whole new approach to safeguarding and supporting those people who were now identified as being especially vulnerable across our District.

 

This required the dynamic set up of some virtual teams, new IT solutions to support their work, redeployment of officers to unfamiliar roles, whilst also maintaining key local services and responding to the needs of our residents during the pandemic.

 

We needed to have an understanding of government expectations and of the county-wide pandemic repercussions. This included the distribution of grants for businesses and playing our part in the delivery of urgent food parcels and medicines for those who most needed them.

 

We redeployed a whole team to set up the Community Hub phone lines to co-ordinate the magnificent efforts of community groups. Significant effort was invested in co-ordinating volunteers. The teams worked with more than 70 local groups, capturing what support they could offer, setting up  ...  view the full minutes text for item 17.

18.

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.

19.

Questions Pursuant to Council Procedure Rule 10.1 pdf icon PDF 46 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 is one such question 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 question had been received, on notice, from a member of the public:

 

Question

 

Mr Andy Baker asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 

“There have been two Landslips on the Cliffs in Holland-on-Sea just to the East of Flags Cafe, the most recent being at the beginning of the year. Since then the only action that appears to have been taken on the most Eastern slip is to remove the Beach Huts affected to another part of Holland on Sea, and clear away the debris.

 

On the other site there has been no action taken, until last week, to either remove the debris from the promenade, meaning it has been almost completely blocked to those with mobility issues using Wheeled Buggies or families with children in pushchairs.

 

What measures are being taken to ensure there are no further land slips at this location to ensure the safety of not only those using the promenade but also the footpath that runs above it, and what steps are being taken to ensure that the rest of the cliff face is not likely to suffer from the same problem and be safe to walk under?”

 

Councillor Porter replied to the question as follows:

 

“In early 2020, two cliff slips / failures occurred in the vicinity of the Cliff Road / Kings Parade junction and the York Road, Kings Parade junction. They are approximately 120m apart (centre of slip area to centre of slip area). A second 40m area of unstable Cliff has also been identified at the Russel Road, Kings Parade junction.

 

The primary cause of the failure was an increase in ground water level. The “slipped” material extending from the scarp down to promenade level is supporting the cliff above, therefore we have been advised to leave the ‘‘slipped’’ material in place to reduce the likelihood of further cliff failure. A total of 13 beach huts have been moved due to the movement taking place.

 

Since the failures occurred extensive ground investigations have been carried out which includes deep boreholes being installed at both locations and include water monitoring standpipes to allow information relating to the water levels within the ground, as well as a topographical survey. This information is essential to allow us to carry out the design. Inclinometer tubes have also been installed outside the current failure zone, these have shown that further movement is occurring. The monitoring of the movement is continuing to take place.

 

We have completed the outline design and are currently progressing the detailed design to stabilise these areas of cliff.”

20.

Report of the Leader of the Council - Urgent Cabinet or Portfolio Holder Decisions pdf icon PDF 23 KB

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).

Minutes:

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council received a report from the Leader of the Council which notified Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules.

 

(1)    Submission of a Bid for the Future High Streets Fund and other related matters as part of the Rejuvenating Clacton Town Centre Project

 

It was reported that, on 16 July 2020, and in view of the urgency of the issue concerned and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, the Acting Assistant Director (Building and Public Realm) (Andy White) had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor Stephenson) consent that the Cabinet’s decision relating to, inter alia, the submission of a Bid for the Future High Streets Fund and other related matters be exempt from the Council’s call-in procedure.

        

The Cabinet’s decision taken at its meeting held on 24 July 2020 was as follows:

 

“That Cabinet –

 

a)      notes the progress of the bid for the Future High Streets Fund and the proposed submission of that bid on, or before, 31 July 2020;

 

b)      approves, ‘in principle’, the addition of an allocation in the Capital Programme in order to facilitate substantial capital investment in Town Centre Proposals, subject to the normal approval and business case processes in respect of the detail of the schemes being developed;

 

c)      approves, ‘in principle’, the acquisition of strategic property and the appropriation of currently owned property pursuant to the proposed schemes, subject to its specific approval of the terms and details in each case;

 

d)      instructs Officers, in partnership with officers of Essex County Council, to continue the development of proposals within the scope of the bid (as set out in the Portfolio Holder’s report) in anticipation of award of a significant grant. Such proposals to be subject to detailed business cases and a formal decision by Cabinet; and

 

e)    instructs Officers, in partnership with officers of Essex County Council, to develop further complimentary outline proposals, in line with the bid proposals, for ‘Back to Business’ initiatives, the further rejuvenation of Clacton Town Centre and the enhancement of its links to the Seafront and all parts of the District. Such proposals to be subject to further funding reports and a formal decision by Cabinet.”

 

It was felt by Mr White that any delay likely to be caused by the usual call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

 

“The deadline for submission of bids to the Ministry for Housing Communities and Local Government is 31 July 2020. Cabinet meets on 24 July 2020 and the normal five clear working days for  ...  view the full minutes text for item 20.

21.

Minutes of Committees pdf icon PDF 65 KB

The Council will receive the minutes of the following Committees:

 

(a)    Resources and Services Overview & Scrutiny of Monday 6 January 2020;

 

(b)    Resources and Services Overview & Scrutiny of Wednesday 8 January 2020;

 

(c)    Community Leadership Overview & Scrutiny of Monday 13 January 2020;

 

(d)    Audit of Thursday 30 January 2020;

 

(e)    Community Leadership Overview & Scrutiny of Monday 3 February 2020;

 

(f)     Standards of Wednesday 5 February 2020;

 

(g)    Resources and Services Overview & Scrutiny of Monday 17 February 2020;

 

(h)    Human Resources & Council Tax of Monday 24 February 2020;

 

(i)      Planning Policy & Local Plan of Monday 8 June 2020;

 

(j)      Resources and Services Overview & Scrutiny of Monday 22 June 2020;

 

(k)    Resources and Services Overview & Scrutiny of Thursday 9 July 2020;

 

(l)      Planning Policy & Local Plan of Wednesday 15 July 2020;

 

(m)   Standards of Thursday 16 July 2020; and

 

(n)    Resources and Services Overview & Scrutiny of Thursday 13 August 2020.

 

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 Overview & Scrutiny of Monday 6 January 2020;

 

(b)    Resources and Services Overview & Scrutiny of Wednesday 8 January 2020;

 

(c)    Community Leadership Overview & Scrutiny of Monday 13 January 2020;

 

(d)    Audit of Thursday 30 January 2020;

 

(e)    Community Leadership Overview & Scrutiny of Monday 3 February 2020;

 

(f)     Standards of Wednesday 5 February 2020;

 

(g)    Resources and Services Overview & Scrutiny of Monday 17 February 2020;

 

(h)    Human Resources & Council Tax of Monday 24 February 2020;

 

(i)      Planning Policy & Local Plan of Monday 8 June 2020;

 

(j)      Resources and Services Overview & Scrutiny of Monday 22 June 2020;

 

(k)    Resources and Services Overview & Scrutiny of Thursday 9 July 2020;

 

(l)      Planning Policy & Local Plan of Wednesday 15 July 2020;

 

(m)   Standards of Thursday 16 July 2020; and

 

(n)    Resources and Services Overview & Scrutiny of Thursday 13 August 2020.

 

22.

Motion to Council - "Level 2 Ambulance Response Times in the Harwich Peninsula" pdf icon PDF 45 KB

In accordance with the provisions of Council Procedure Rule 12, the Council will consider the following Motion to Council submitted by Councillor Pam Morrison:-

 

“That this Council instructs the Chief Executive to write to the East of England Ambulance Service NHS Trust to request confirmation that the Trust has taken notice of the very poor record on level 2 ambulance response times to the Harwich Peninsula during November 2019, December 2019 and January 2020 during which the required 18 minute response time was only achieved for 15% of the emergency calls and furthermore that it has taken the necessary measures to ensure that the required level of service is provided during the coming winter period.”

Minutes:

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

 

“That this Council instructs the Chief Executive to write to the East of England Ambulance Service NHS Trust to request confirmation that the Trust has taken notice of the very poor record on level 2 ambulance response times to the Harwich Peninsula during November 2019, December 2019 and January 2020 during which the required 18 minute response time was only achieved for 15% of the emergency calls and furthermore that it has taken the necessary measures to ensure that the required level of service is provided during the coming winter period.”

 

Councillor Morrison formally moved the motion, and Councillor Turner formally seconded the motion.

 

Councillor Morrison, pursuant to Council Procedure Rule 16.6(a), then informed Council that she wished to alter the wording of the Motion so that it read as follows:-

 

“(a) That this Council instructs the Chief Executive to write to the East of England Ambulance Service NHS Trust to request confirmation that the Trust has taken notice of the very poor record on level 2 ambulance response times to the Harwich Peninsula during November 2019, December 2019 and January 2020 during which the required 18 minute response time was only achieved for 15% of the emergency calls and furthermore that it has taken the necessary measures to ensure that the required level of service is provided during the coming winter period; and

 

(b) That this Council further instructs the Chief Executive to request that the NHS Trust, in respect of the period 1 September 2019 to 31 August 2020, provides the figures for level 2 Ambulance responses across the whole of the District of Tendring, broken down into Rural and Urban areas and that it again confirms that the necessary measures are in place to achieve the required response time during the coming Winter period."

 

Councillor Turner, as seconder, gave his consent to the motion being so altered.

 

Councillor Morrison then gave her reasons why she felt that it would be appropriate for the motion to be dealt with at the meeting.

 

The Leader of the Council (Councillor Stock OBE) did not raise any objections to the Motion being dealt with at this meeting.

 

The Chairman (Councillor Land) 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 Morrison then explained the purpose of the Motion.

 

Councillors McWilliams, Stock and Turner addressed the Council on the subject matter of Councillor Morrison’s motion.

 

On being put to the vote it was unanimously:-

 

RESOLVED that -

 

(a)    this Council instructs the Chief Executive to write to the East of England Ambulance Service NHS Trust to request confirmation that the Trust has taken notice of the very poor record on level 2 ambulance response times to the Harwich Peninsula during November 2019, December 2019 and January  ...  view the full minutes text for item 22.

23.

Recommendations from the Cabinet - A.2 - Housing Strategy 2020-2025: "Delivering Homes to meet the needs of Local People" pdf icon PDF 66 KB

Council’s approval is sought in respect of the Housing Strategy 2020-2025: “Delivering Homes to meet the needs of Local People”.

Additional documents:

Minutes:

The Council considered the recommendations submitted to it by the Cabinet in respect of the Housing Strategy 2020 – 2025: “Delivering Homes to meet the needs of Local People”.

 

Council was aware that Cabinet had considered this matter at its meeting held on 26 June 2020 (Minute 23 referred).

 

Councillors I J Henderson and Allen addressed the Council on the subject matter of this item.

 

It was moved by Councillor P B Honeywood and unanimously:-

 

RESOLVED that the Housing Strategy 2020 – 2025: “Delivering Homes to meet the needs of Local People”, as set out in Appendix B to item A.2 of the Reference from Cabinet, be approved and formally adopted.

24.

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 no such reports on this occasion.

25.

Report of the Chief Executive - A.3 - Membership of Committees pdf icon PDF 10 KB

To inform Council of changes in the membership of the Council’s standing Committees.

Minutes:

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

 

Audit Committee

 

Councillor Fairley had been appointed to serve in place of Councillor Codling.

 

Human Resources & Council Tax Committee

 

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

 

Licensing and Registration Committee

 

Councillor McWilliams had been appointed to serve in place of Councillor Overton.

 

Planning Committee

 

Councillor Casey had been appointed to serve in place of Councillor Harris.

 

Councillor Harris had been appointed to serve in place of Councillor McWilliams.

 

Resources and Services Overview & Scrutiny Committee

 

Councillor Harris had been appointed to serve in place of Councillor Turner.

 

Standards Committee

 

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

 

Councillor Turner had been appointed to serve in place of Councillor Harris.

 

Council noted the fore-going.

26.

Report of the Assistant Director (Governance) & Monitoring Officer - A.4 - "Remote Meetings" and Changes to the Council's Constitution pdf icon PDF 71 KB

The Council is asked to consider the recommended changes to the Constitution put forward by the Cabinet in consequence of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 [SI 2020/392].

Additional documents:

Minutes:

The Council had before it a report of the Assistant Director (Governance) & Monitoring Officer (A.4) which sought its approval of the recommended changes to the Constitution put forward by the Cabinet in consequence of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 [SI 2020/392].

 

Council was aware that, on 29 May 2020, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder which had sought its endorsement of the changes required to the Council’s Constitution in consequence of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392 (‘the Regulations’).

 

Council was further aware that those Regulations, made under section 78 of the Coronavirus Act 2020, applied notwithstanding any other legislation or current or pre-existing standing orders or any other Council rules governing meetings and would remain valid until 7th May 2021.  This meant that, wherever there was a conflict, within the Council’s Constitution, or with any procedures or rules implemented under Business Continuity Arrangements, those remote meetings regulations would take precedence.

 

It was therefore the case that the effect of those Regulations on the Authority’s Constitution was to insert what were, in effect, mandatory standing orders for those authorities that wished to hold meetings remotely, either wholly or partially.

 

Members were reminded that a Remote Meetings Protocol and Procedure Rules document had been produced on 17th April 2020 by Lawyers in Local Government (LLG) and the Association of Democratic Services (ADSO) for the purpose of assisting authorities to highlight the changes required to Councils’ Constitutions in consequence of the Regulations. Rather than adopting that Protocol without amendment, the Monitoring Officer and Democratic Services officers, had worked through that national guidance and best practice in order to highlight the changes required for Tendring District Council.

 

It was reported that the proposed changes covered a number of miscellaneous amendments to the Council Procedure Rules and the Access to Information Procedure Rules, and Articles 3 and 7 which were all required in order to comply with the new legislation and to ensure that this Council’s Constitution remained effective, efficient and consistent at an operational level.  Those key changes had been highlighted in the Portfolio Holder’s report to Cabinet.

 

The Cabinet had been advised on 29 May 2020 that the Monitoring Officer could make those changes to the Constitution in accordance with the delegated authority provided to her within Article 15. However, it had been considered to be prudent for the Corporate Finance & Governance Portfolio Holder’s Constitution Review Working Party to undertake a light touch review prior to submitting the changes to Full Council for ratification, in order to enable the working practices and the guidance issued for remote meetings to be considered in a little more depth

 

Therefore Cabinet’s decision at its meeting held on 29 May 2020 had been as follows:-

 

“That Cabinet:

 

  1. notes that changes  ...  view the full minutes text for item 26.

27.

Report of the Head of Democratic Services & Elections - A.5 - Scheme of Allowances for Councillors - And related report from the Independent Remuneration Panel pdf icon PDF 411 KB

To receive the report of the Independent Remuneration Panel (IRP) and consider its recommendations.   The Council is then invited to determine the Scheme of Allowances for Councillors for the remainder of this financial year (and, if appropriate for the financial years 2021/22 and 2022/23).

Minutes:

Council formally received the report of the Independent Remuneration Panel (IRP) and considered its recommendations with the view to determining the Scheme of Allowances for Councillors for the remainder of the 2020/21 financial year (and, if deemed appropriate, for the financial years 2021/22 and 2022/23 as well).

 

Members were aware that the Council’s current Scheme of Allowances for Councillors had been adopted on 28 May 2019 (Minute 13 referred) and had then been amended by Council on 21 January 2020 (Minute 81 referred).  That Scheme would expire on 31 March 2021 unless a new scheme was adopted prior to then.

 

Members were also aware that before any Scheme of Allowances for Councillors could be adopted or amended the Council was required to have received and considered a report from its IRP on that Scheme.  The IRP for this Council had submitted its report and this was before Council as Appendix B to item A.5 of the Report of the Head of Democratic Services & Elections.  It was noted that this report had been submitted several months prior to the Local Government Pay Award for staff for 2020/21 and that there was reference to the Pay Award being used as an index for adjustments to the approved allowances.  Therefore, Members read the report in the light that since it had been prepared there had been a Pay Award of 2.75% for 2020/21 and that this was specifically referenced in Appendix C where both the IRP’s original recommendations and the revised figures following the Pay Award were detailed.

 

It was reported that the IRP’s recommendations had been advertised in the local press in accordance with the statutory Regulations.  The IRP’s report had also circulated to all political Group Leaders in the week commencing 1 June 2020.

 

It was reported that, along with proposals for specific Basic and Special Responsibility Allowance levels, the IRP report had also included, as referenced above, a recommendation that for this financial year and for 2021/22 and 2022/23 the pay award for Council staff nationally should be used as an index to be applied to the Allowances adopted.  If this were adopted, in terms of the legislation, this would be an alteration of the Allowances rather than an amendment and would not require a further review by the IRP.  Consequently, if adopted by Council, this index linking would have the effect that the next programmed review of Allowances would be for the financial year following the next scheduled elections to this Council (which were due to be held in May 2023).  The same would be the case in respect of the Carers’ Allowances and travel and subsistence allowances if linked to the Real Living Wage and HMRC rates, as appropriate, and as set out in the recommendations of the IRP.

 

Council was reminded that the recommendations of the IRP did not bind the Council.  However, in accordance with the principles of good decision making, Council would be required to clearly set out its reasons for determining the Scheme of  ...  view the full minutes text for item 27.

28.

Report of the Head of Democratic Services & Elections - A.6 - Outcome of the review by the Resources and Services Overview & Scrutiny Committee of the implementation of the new Waste & Recycling Collection Service pdf icon PDF 124 KB

In accordance with its decision taken at its meeting held on 10 September 2019, Council will consider the detailed results of the outcome of the review by the Resources and Services Overview & Scrutiny Committee of the implementation of the new Waste & Recycling Collection Service.

Minutes:

Further to Minute 59 (10.9.19), Council considered the detailed results of the outcome of the review by the Resources and Services Overview & Scrutiny Committee of the implementation of the new Waste & Recycling Collection Service.

 

Council recalled that, at its meeting held on 10 September 2019, it had considered a motion submitted by Councillor Fowler in respect of the waste and recycling service following the recent move from weekly collection of black refuse sacks from most homes to a fortnightly wheeled bin collection service. The wording of Councillor Fowler’s motion had been as follows:-

 

“That this Council recognises the anger, concern and inconvenience caused to the residents of the Tendring District as a result of the introduction of the new refuse collection arrangements.

 

That this Council instigates a review of the issues arising from the new system and the manner of its introduction by the appropriate overview and scrutiny committee with the instruction that the committee reports its findings to the next ordinary meeting of the Council.”

 

Council, in considering that motion, made the following decision:-

 

“That this Council notes that a review of the issues arising from the new Waste and Recycling collection system and the manner of its introduction is to be conducted by the Resources and Services Overview and Scrutiny Committee at their meeting on 17th February 2020, as part of that Committee’s work programme.

 

The detailed results of such review will be reported to the following Council meeting.”

 

The Resources and Services Overview & Scrutiny Committee thereupon, at its meeting held on 17 February 2020 (Minute 54 referred), undertook the aforementioned scrutiny review and made the following recommendations to Cabinet namely that:

 

“a) To note, based on experience locally from the previous major change in waste collection arrangements, this Committee appreciated that the 2019 roll out of the wheelie bins/new waste service was always going to have some pain. However, that pain was more than it should otherwise have been. What contributed to this included:

 

- Insufficient/overloaded communication channels in to the Council to report problems and timely responses to those enquiries.

 

- Problems with staffing in the team and particularly recruitment to temporary contract posts.

 

- The consequences of the route changes implemented by Veolia (the Council’s contractor) to accommodate the changed waste collection service.

 

However, the Committee acknowledges the hard work of Officers to address and overcome those issues and to achieve the current position, which is one the Committee wishes to record as moving positively to the good standard expected. Cabinet is recommended to seek to capture learning from this roll out for the delivery of future major change in service delivery.

 

b)    To request the Portfolio Holder for Environment to write to Essex County Council in an effort to address the continuing issue of the littering from waste being moved from the waste transfer stations by or on behalf of the Waste Disposal Authority and the related cleansing of that litter on the A120 around that waste transfer station.

 

c)    To consider this Committee’s  ...  view the full minutes text for item 28.

29.

Report of the Monitoring Officer - A.7 - Findings of an Investigation by the Local Government and Social Care Ombudsman pdf icon PDF 49 KB

To report the findings and outcomes of an investigation carried out by the Local Government and Social Care Ombudsman where the Ombudsman found against the Council.

Minutes:

Council was remindedthat the Constitution (Article 12.03(a)) required the Monitoring Officer to report to Council (or to Cabinet for executive functions) if any decision or omission had given rise to maladministration.

 

It was reported that, earlier this year, the Local Government and Social Care Ombudsman had considered a case in relation to a planning enforcement matter. The complaint concerned the stated failure to resolve complaints to the service about a neighbouring development, causing a loss of enjoyment and stress. The Ombudsman had found that the Council had failed to follow its planning enforcement policy and that this had amounted to an injustice. An apology had been given to the complainant together with a modest payment for the distress/uncertainty and also for their time and trouble in pursuing the complaint.  Modest payments (as determined by the Ombudsman) were in the range of £100 - £300. An action plan had been put in place and implemented in order to avoid a repeat occurrence. The Ombudsman’s report was available on its website (www.lgo.org.uk).

 

It was further that Planning Enforcement had been the subject of an Internal Audit review, with the outcome and recommendations actively being monitored.  Updates were regularly provided as appropriate to the Council’s Audit Committee.

 

Council was advised that the Monitoring Officer had initially intended to report the above to the programmed meeting of Council on 31 March 2020.  Due to the national lockdown, and associated restrictions on meetings, in response to the Covid-19 pandemic at the time this meeting subsequently had been cancelled.  In submitting this report to Council now, it could be supplemented by the fact that the Annual Review Letter from the Local Government and Social Care Ombudsman for 2019/20 had now been received.  The review letter identified that, in the year in question, 28 complaints about Tendring District Council had been determined by the Ombudsman and that five of those complaints had been upheld.  One of the five had been resolved during its consideration by the Ombudsman.  A further three had been found to involve no injustice to the complainant.  The three found to involve no injustice all concerned a single email about a single development and the complaints had been from three individual neighbours of that property. The single case where maladministration and injustice had been found was the one referred to above.

 

Council noted the foregoing.

30.

Report of the Chief Executive - A.8 - Councillor Overton: Non-Attendance at Meetings pdf icon PDF 55 KB

In accordance with Article 2.06 of the Council’s Constitution to inform Council that Councillor Overton has exceeded 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.

Minutes:

In accordance with Article 2.06 of the Council’s Constitution, the Chief Executive formally reported to Council that Councillor Nicola Overton had exceeded 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.

 

Council noted the foregoing.

 

31.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 62 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 is one such question 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.

 

One question had been submitted by a Member as set out below:

 

Question

 

Councillor Jo Henderson asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 

“Please can the Portfolio Holder advise me when the Astro pitch in Dovercourt will be re-surfaced? Concerns have been raised that the current surface is not fit for purpose.”

 

Councillor Porter replied as follows:-

 

“Thank you for your question Councillor Henderson.  A recent condition survey carried out by a specialist contractor, shows that the artificial pitch at Dovercourt Bay Lifestyles remains playable and fit for purpose, but it is indeed reaching the end of its lifecycle.

 

With this in mind, officers have been working with sports governing bodies and funders to develop a long term plan for artificial grass pitches across the District.  Despite the financial challenges ahead, we are looking to bring ambitious proposals forward in due course, as part of a long term strategy for our Sports Facilities.

 

In the meantime, officers will continue to monitor the condition of the pitch and carry out routine maintenance work as required.”

 

Councillor Henderson then asked a question of clarification to which Councillor Porter responded.

32.

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.