Apologies for absence were received from Councillors Longley, Norman and Borton.

Members declared the following interests:

• Councillor Arscott

Policy & Resources Scrutiny Committee – 3^rd December 2015

Minute 470 - Capital Monitoring – non-pecuniary – friends members of Westcliff Rugby Club mentioned, near Airport;

• Councillor Assenheim

Cabinet – 10^th November 2015

Minute 403 - Review of ALMO and Minute 409 - Issues facing HRA – Disqualifying Non-Pecuniary Interest - Board member South Essex Homes – attended pursuant to the dispensation agreed by the Standards Committee on 19^th February 2015, under S.33 of the Localism Act 2011 to participate in the debate and vote;

Policy & Resources Scrutiny Committee – 3^rd December 2015

Minute 471 - Issues facing HRA – non-pecuniary – sister lives in Adams Elms House & would be in receipt of refund and Board Member South Essex Homes – attended pursuant to the dispensation agreed by the Standards Committee on 19^th February 2015, under S.33 of the Localism Act 2011 to participate in the debate and vote;

Minute 469 – Monthly Performance Report (police presentation) - Board Member South Essex Homes - attended pursuant to the dispensation agreed by the Standards Committee on 19th February 2015, under S.33 of the Localism Act 2011 to participate in the debate and vote;

·        Councillor Ayling

Full Council – 10^th December 2015

Minute 498 – Opposition Business (Drop Kerbs/Highway Issues) – Non-pecuniary – supporting a resident with a PVX application;

·        Councillor Betson

Policy & Resources Scrutiny Committee – 3^rd December 2015

Interest in the referred/called-in items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011;

Minute 471 - Issues facing HRA - Board member South Essex Homes – attended pursuant to the dispensation agreed by the Standards Committee on 19th February 2015, under S.33 of the Localism Act 2011 to participate in the debate and vote;

• Councillor Buckley

Council – 10^th December 2015

Agenda Item 6 – Petition (Green Lane Speeding) – non-pecuniary – has discussed the issue with chief petitioner and knows him;

Cabinet – 10^th November 2015

Minute 405 – Capital Monitoring – non-pecuniary – Airport Business Park – lobbying as to potential traffic issues for a segment of St Laurence Ward;

People Scrutiny Committee – 1^st December 2015

Minute 442 - Notice of Motion: HIV Testing – non-pecuniary – shares residential address with Councillor Flewitt;

·         Councillor Callaghan

Full Council – 10^th December 2015

Minute 498 – Opposition Business (Drop Kerbs/Highway Issues – non-pecuniary – family involved in PVX application;

• Councillor Cox

Policy & Resources Scrutiny Committee – 3^rd December 2015

Minute 475 - PSP – non-pecuniary – Trustee Shoebury Community Association;

• Councillor Evans

Development Control Committee – 11^th November 2015

Minute 428(b) - 15/01458/FUL – Non-pecuniary interest: Previously involved with HARP (withdrew);

• Councillor Flewitt

Council – 10^th December 2015

Agenda Item 6 – Petition – Green Lane – non-pecuniary – have discussed the issue with chief petitioner and knows him;

Cabinet – 10^th November 2015

Minute 400 – Notice of  ...  view the full minutes text for item 478.

(a)  Presentation of Yule Log

Councillor Aylen presented to the Council a Yule Log.

(b)  Planning Team of the Year Award

The Worshipful the Mayor informed Members that the Council’s Development Management Team were joint winners with Plymouth City Council at the Planning Team of the Year Awards 2015.

The Worshipful the Mayor, on behalf of the Council, congratulated all officers involved.

(c)  Royal Anglian Regiment

The Worshipful the Major informed Members that Tony Jones of the Royal Anglian Regiment had kindly given the Council a book on the history of the Regiment 1964-2014. 

(d)  Risk Manager of the Year Awards

The Worshipful the Mayor informed Members that Ms K Slowther was awarded the Risk Manager of the Year at the CIR Risk Management Awards held in November 2015.

The Worshipful the Mayor, on behalf of the Council, congratulated Ms Slowther on her prestigious award.

The relevant Executive Councillors responded to questions from members of the public.

The relevant Executive Councillors responded to written questions received from Councillors D Garston, Aylen, Courtenay, Cox, Flewitt and J Garston.

Petition attached.

Councillor Walker presented a petition on behalf of local residents requesting road safety measures to be implemented in the Green Lane area.

Resolved:

That, in accordance with Council Procedure Rule 15.5, the petition be referred to Cabinet Committee.

Resolved:-

That the Minutes of the Meeting held on 22^nd October 2015 be confirmed as a correct record and signed.

Minutes attached.

Resolved:

That the minutes of this meeting be noted.

Minutes attached

Resolved:

That the minutes of this meeting be noted.

Minutes attached.

Resolved:

That the minutes of this meeting be noted and the recommendations contained in Minutes 405, 406, 407, 413, 414, 420 and 421 be adopted.

Minutes attached.

Resolved:

That the minutes of this meeting be noted.

Minutes attached.

Resolved:

That the minutes of this meeting be noted and the recommendations contained in Minute 435 be adopted.

Minutes attached.

During consideration of Minute 442 (Notice of Motion – HIV Testing) a requisition for a named vote was made in accordance with Council Procedure Rule 12.1 to refer the matter back to Cabinet for further consideration. The voting was as follows:-

For reference back:

Cllrs Arscott, Assenheim, Ayling, Aylen, Buckley, Butler, Byford, Callaghan, Courtenay, Cox, Davidson, Evans, Flewitt, Folkard, D Garston, J Garston, Habermel, Hadley, Holland, Jarvis, Lamb, McGlone, Phillips, Robertson, Salter, Van Looy, Walker, Ward and Waterworth (29)

Against reference back:

Cllrs Betson, Crystall, Davies, Endersby, Gilbert, Jones, Kenyon, McMahon, Moyies, Mulroney, Nevin, Robinson, Stafford, Terry, Ware-Lane, Willis and Woodley (17)

Abstentions:

Cllrs Moring and Velmurugan (2)

Absent:

Cllrs Borton, Longley and Norman (3)

Accordingly it was resolved:

That Minute 442 (Notice of Motion – HIV Testing) be referred back to Cabinet for further consideration.

It was also resolved:

That the minutes of this meeting be noted and the recommendations contained in Minute 448, be adopted, subject to the removal of the following paragraph from Minute 442 (Notice of Motion – HIV Testing):

‘In response to questions from Members of the Committee the Executive Councillor for Health & Adult Social Care agreed to explore all options to raise awareness.’

Minutes attached.

Resolved:

That the minutes of this meeting be noted.

Minutes attached.

Resolved:

That the minutes of this meeting be noted and the recommendations contained in Minutes 470 and 476, be adopted.

Notice of Motion attached.

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

“This Council notes that:

The Government has launched a consultation on whether to devolve the power to set the hours of Sunday trading.

Council further notes that whilst Council would generally welcome the devolution of new powers that these are powers that local government has not asked for.

In addition, Council notes that the government’s own economic evidence states that longer Sunday opening will not generate more consumer spending and will lead to fewer retail jobs, so this is not a tool for economic regeneration and that longer Sunday opening is unpopular with the public – the latest survey showed 77% support the current opening arrangements –
and will have negative consequences for communities including shop workers, who are already pressured to work longer hours than they wish on Sundays, convenience stores which are often a ‘lifeline’ to communities will lose trade and the government’s evidence shows that some stores will close and Sundays will become more like any other day, making it harder to hold community events.

This Council resolves to:

Write to the Secretary of State for Business, Innovation and Skills and the Secretary of State for Communities and Local Government advising that this Council believes that the Sunday Trading Act has worked well for 20 years and ensures that Sunday remains a special day whilst allowing shops to trade.

Council further resolves to write to all local MPs outlining the Council’s position.”

Proposed: Cllr Julian Ware-Lane

Seconded: Cllr Charles Willis

Notice of Motion attached.

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

“This Council notes that:

Conflicts in the Middle East have created the largest refugee crisis in generations.

Thousands of people have died while seeking sanctuary from the violence this year alone trying to cross the Mediterranean sea; many of them were children.

The United Kingdom has played a leading role as one of the world’s top international donors, supporting refugees in Syria and the surrounding area.

The UN estimates there are over 320,000 people though who live in urgent need of resettlement. Survivors of torture or sexual violence, the very elderly or disabled, there are people who cannot survive in UN refugee camps near in countries surrounding Syria.

The UK has a long and important tradition of offering sanctuary to those who need protection. 100,000 Huguenots, 10,000 Jewish Kinder transport children spared the Nazi concentration camps, 160,000 Poles following the Second World War many of whom had served in the Battle of Britain, the Vietnamese Boat People, the 28,000 Asian Ugandans fleeing Idi Amin and the people who fled the war in Kosovo. This is our proud and decent tradition.

To play its part fully in solving this global crisis the British government must work for durable long term political solutions in the region, lead as a major international donor, and live up to its reputation as a place of sanctuary, integration and protection.  

This Council believes:

• That this crisis will be better managed if incoming refugees are accommodated around the whole country;
• We can best rise to the crisis if a National Welcome and Resettlement Board bringing together local and national government, civil society and business leadership, is created to oversee efforts to resettle refugees and mobilise public support as in times past;
• Long term political solutions are needed to ease the crisis, but in the mean time we must do what we can;
• The UK must welcome its fair share of refugees to ease this crisis.

This Council resolves to:

• Formally express an interest in both the VPR and Gateway programmes to the Home Office, requesting that 100 refugees be resettled here;
• Write to local housing associations to encourage them to make properties available to resettle refugees;
• To commit to ensuring that refugees are welcomed in this area and help facilitate this process by coordinating local service provision and coordinating the immense public will to help;
• Write to the Prime Minister to assure him that the country stands ready and willing to help at this time of crisis.”

Proposed: Councillor Ware-Lane

Seconded: Councillor Willis

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

"We call on the Council to review and amend the 3 year local entitlement for social housing rule to 7 years in line with Basildon District Council's policy who have adopted this entitlement for the last 5 years and have had no challenges.  With an ever increasing local housing need we feel this is the time to review and change the policy/rule."

Proposed: Cllr Callaghan

Seconded: Cllr Davies

Notice of Motion attached.

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

“That this Council recognises the importance of an effective Police Force in the Borough because the situation we are facing at this present time with the ever decreasing Police services and presence on our streets means we have a duty of care to the residents of our town who need to be reassured that their security is paramount.

It is therefore requested that the Cabinet explore the possibility of reintroducing the Southend Borough Patrol back on the streets of the town. The Southend Borough Patrol was extremely successful and effective, from the late 1990’s until they were dissolved into Essex Police in the early 2000’s, with many of the Patrol Officers becoming PCSO’s or Special Constables.”

Proposed: Councillor Assenheim

Seconded: Councillor Ward and Supported by Councillors Terry, Kenyon and Endersby.

Notice of motion attached.

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

“This council notes:

·         That the EU and USA launched negotiations in July 2013 on a Transatlantic Trade and Investment Partnership (TTIP).

·          That negotiations are underway to determine which goods and services TTIP will apply to and if new rules can be agreed to protect investors, harmonise standards, reduce tariffs and open new markets throughout the EU and USA.

·         That there has been no impact assessment about the potential impact on local authorities.

·         That there has been no scrutiny of the negotiating texts by local government and no consultation with local government representatives

·         That MPs are also unable to scrutinise the negotiating documents.

This council believes that:

·          TTIP could have a detrimental impact on local services, employment, suppliers and decision-making.

·         A thorough impact assessment of TTIP on local authorities must be undertaken before the negotiations can be concluded.

·         The proposed Investor State Dispute Settlement (ISDS) mechanism has been used by corporations to overturn democratic decisions by all levels of governments at significant public cost. Local decision-making must be protected from ISDS.

·         The EU’s food, environmental and labour standards are better than those in the US and TTIP negotiations must raise and not lower these standards across the EU and USA.

·         Sourcing supplies and employment locally is important to strengthening local economies and meeting local needs. TTIP must not impact on local authorities’ ability to act in the best interests its communities.

This council resolves:

·         To write to the secretary of state for communities and local government, local MPs, and all East of England MEPs, raising our serious concerns about the impact of TTIP on local authorities and the secrecy of the negotiating process.

·         To write to the local government association to raise our serious concerns about the impact of TTIP on local authorities and ask them to raise these with government on our behalf.

·         To call for an impact assessment on the impact of TTIP on local authorities.

·         To publicise the council’s concerns about TTIP; join with other local authorities which are opposed to TTIP across Europe and work with local campaigners to raise awareness about the problems of TTIP.

·         To contact the local authorities of municipalities twinned with Southend-on-Sea Borough Council asking them to consider passing a similar motion on TTIP.”

Proposed: Councillor Nevin

Seconded: Councillor Willis

Notice of Motion attached.

Resolved:

That in accordance with Standing Order 8.4 the following notice of motion be referred to the Cabinet:

“That in the light of the financial constraints faced by the Council and the need to make substantial savings in future years as a consequence of Government budget cuts, this Council should now consider changes to its electoral arrangements.

“Whole-Council Elections

At present the Council is elected by thirds, with one third of the Councillors elected at a time. The Council should now move towards holding elections every four years which would produce an annual saving of around £50,000.

Information received from the Electoral Commission indicates that 38 of the 56 English Unitary Authorities currently have whole-Council elections. All of the London Boroughs and County Councils have whole-Council elections and 128 (out of 201) of the second tier district authorities have this form of elections.

The Council would be required to undertake a public consultation exercise on the proposed change. Following the conclusion of the exercise, if it is decided to move to all-out elections, an Extraordinary Council meeting will be needed to pass a resolution to move to whole-Council elections. There is a requirement that the resolution must be passed “by a majority of at least two thirds of the Members voting on it”.

Reduction in the Number of Councillors

The Council has downsized in recent years and there has been a significant reduction in the number of staff without a corresponding percentage reduction in the number of councillors. The Council should now consider reducing the number of councillors from 51 to 34 (2 per ward) which would produce an annual saving of around £155,000 in members’ allowances, ICT equipment and printing.  A case would need to be submitted to the Local Government Boundary Commission for England (LGBCE) which would consider whether to carry out a review and, if so, would proceed to carry out a public consultation exercise. Draft recommendations would be produced upon which a second round of consultation would take place. The LGBCE would publicize its final recommendations and then an Order would be made giving effect to the changes.

It is proposed:

(i)            That a change in the cycle for electing councillors to Southend-on-Sea Borough Council from elections by thirds to whole-Council elections with effect from May 2018 be supported in principle and that a public consultation exercise be undertaken in accordance with the statutory requirements.

(ii)          That a reduction in the number of councillors from 51 to 34 (2 per ward) from May 2018 be supported in principle and that the Chief Executive, in consultation with the Group Leaders, be authorised to put the case for such a proposal to the LGBCE for their consideration.”

Proposed: Councillor Woodley

Seconded: Councillor Moyies

The Worshipful the Mayor advised that under Council Procedure Rule 19, a minority group may request an item to be placed on the Council agenda for discussion and be treated as opposition business. The Conservative Group had activated this Procedure Rule and Drop Kerbs and Highway Issues in general were debated.

Resolved:

That the review of the PVX Policy be expedited and that Cabinet be requested to bring forward a report on the matter as soon as possible.

Report of the Corporate Director for Corporate Services

The Council considered a report of the Corporate Director for Corporate Services which sought consideration on the appointment of Honorary Aldermen/Alderwomen and recommended minor changes to the Constitution.

Resolved:

1. That in principle the Council confers the title of Honorary Aldermen/Honorary Alderwomen on past Members who have rendered eminent services to the Council pursuant to the procedures and criteria set out in Section 3.8 of the submitted report and that Paragraph 6.7.3(f) of the Terms of Reference of the General Purposes Committee in Part 3 Schedule 2 of the Constitution be amended by the addition of the words “and conferring the title of Honorary Alderman/Honorary Alderwoman.”

2. That Group Leaders be invited to make recommendations for conferring the title of Honorary Aldermen / Honorary Alderwomen on specific past Members who meet the agreed criteria to the next meeting of the General Purposes Committee, with a view to holding an extraordinary meeting of the Council to formally confer the titles immediately prior to the next ordinary meeting of the Council.

3. That the minor amendments to the Constitution as set out in Section 4 of the submitted report and in Appendix 1, be approved.

Report of Corporate Director for Corporate Services

The Council considered a report of the Corporate Director for Corporate Services which presented the Local Council Tax Support Scheme for 2016/17.

Resolved:

1. That the current Local Council Tax Support Scheme be re-adopted for 2016/17.

2. That it be noted that the criteria for awarding an exceptional hardship scheme is being amended to make the discount more accessible to the most vulnerable.

The Council was asked to endorse the nominations of the Liberal Democrat Group to replace Councillor Longley (on Committees, Working Parties and Outside Bodies) and Councillor Betson (on the Audit Committee and Scrutiny Bodies).  The Council was also  asked to endorse the nominations of the Independent Group to replace Councillor Ward on the Development Control Committee and Councillors Aylen and Velmurugan on the Public Transport and Buses Working Party.  In addition, the Council was asked to appoint to the position of Chairman of the Audit Committee.

In response to questions on the rules governing the appointments on working parties, Members were advised of:

(a) The legal requirement (contained in S.15 of the Local Government and Housing Act 1989), which stipulates that places on Committees must be allocated to political groups on the basis of the proportionality rules. 

(b)  The legal requirement (contained in S.16 of the 1989 Act) which places a duty on a local authority to give effect to the wishes of political groups in making appointments to positions allocated to them; and

(c) The Council’s Constitution which applies these same requirements to appointments to working parties.  Therefore a motion not to give effect to the wishes of a political group in respect of a place allocated to them was not possible.

Resolved:

That the following appointments and changes be made to committees, working parties, and other bodies, subject to the replacement of Councillor Cox with Councillor Aylen on the Public Transport and Buses Working Party:

Scrutiny Bodies:

People Scrutiny Committee – Cllr Crystall

People Scrutiny Committee Programme Working Party – Cllr Cystall

LSCB Scrutiny Panel – Cllr Crystall

Joint Health Overview and Scrutiny Committee – Cllr Crystall

(It was noted that Mr Vincent Copeland is no longer the Roman Catholic Diocese representative on the People Scrutiny Committee).

Committees

Audit Committee – Cllr Ayling (Chairman)

Appointments & Disciplinary Committee – Cllr Betson

Health & Wellbeing Board – Cllr Betson

Cabinet Committee – Cllr Betson

Development Control Committee – Cllr Ward

Working Parties

Biodiversity & Environmental Awareness Working Party – Cllr Betson

Cultural, Tourism and Events Working Party – Cllr Betson

Grants Strategy Working Party – Cllr Betson

Traffic and Parking Working Party – Cllr Betson

Performance Related Pay Panel – Cllr Betson

Member Advisory Forum (re: trading companies) – Cllr Betson

London Southend Airport Monitoring Working Party – Cllr Betson

People Management, Accommodation and Digital Strategy Working Party – Cllr Mulroney

Rochford and Southend-on-Sea Area Action Plan Committee – Cllr Betson

Southend Business and Tourism Partnership – Cllr Betson

Public Transport & Buses Working Party – Councillor Woodley (Chairman) and Councillor Assenheim

Outside Bodies

Southend Business Improvement District Committee (relevant Executive Councillor) – Cllr Betson

Southend Business Partnership Executive Committee (relevant Executive Councillor) – Cllr Betson

Southend Pier Museum Trust (relevant Executive Councillor) – Cllr Betson

Community Safety Partnership Priority Leadership Group – Cllr Betson

East of England LGA Local Government Employers Panel – Cllr Betson

Enterprise Priority Leadership Group – Cllr Betson

Key Cities – Cllr Betson

Local Government Association General  ...  view the full minutes text for item 501.