Meeting Details

Meeting Summary
Council
18 Feb 2015 - 18:00 to 21:00
Occurred
Council Chamber
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  • Declarations of Interests

Documents

Agenda

Part A
Apologies
Councillors Arnold, Bentley, Fairley-Crowe, Gamble, L Scott-Boutell
51
Apologies were received from Councillors Arnold, Bentley, Cable, Cook, Fairley-Crowe,  Feltham, Frame, Gamble, Kimberley, Offen, P. Oxford and L. Scott-Boutell.
1 Welcome and Announcements
(a)    The Mayor to welcome members of the public and Councillors and to invite the Chaplain to address the meeting.  The Mayor to remind all speakers of the requirmenrt for microphones to be used at all times.

(b)    At the Mayor's discretion, to anounce information on-

  • action in the event of an emergency;
  • use of mobile phones;
  • audio recording of the meeting;
  • location of toilets.
2 Have Your Say!
The Mayor to ask members of the public to indicate if they wish to ask a question, make a statement or present a petition on any matter relating to the business of the Council - either on an item on the agenda for this meeting or on a general matter not on this agenda and to invite any such contributions (Council Procedure Rule 6(2)).

(Note: A period of up to 15 minutes is available for general statements and questions under 'Have Your Say!').
53
Joan Manhire, Chairman of Colchester Fairtrade Group, addressed Council pursuant to the provisions of Council Procedure Rule 7(5) and presented Colchester’s Fairtrade Town Certificate to the Mayor.  She explained that Colchester had had Fairtrade status since 2006 and since then the Group had achieved much.  The aim of the Group was to raise awareness of Fairtrade products and in recent years it had developed a directory of Fairtrade retailers and products and developed a Fairtrade breakfast pack for schools.  The Group enjoyed good links with the Council.  Fairtrade ensured that third world farmers received a fair price and stable market for their goods, enabling them to invest in facilities such as schools.

Councillor T. Young, Portfolio Holder for Community Safety, Licensing and Culture, thanked Colchester Fairtrade and emphasised that the Council was proud that Colchester was a Fairtrade Town.  He would ensure that the certificate was prominently displayed at the Town Hall.

Annesley Hardy addressed Council pursuant to the provisions of Council Procedure Rule 7(5) about future uses of the Essex County Hospital site.  She had sought the views of local residents who wanted the grey brick hospital block and nursing home retained and would like to see the site used for a medically related use, such as a doctor’s surgery.  Residents were also concerned about the possible impact of building works.  Housing and commercial uses would not be welcomed and adequate parking provision needed to be provided on site.  Residents’ concerns had been brought to the attention of the Local Plan Committee, but the Development Brief recently approved by the Committee made no mention of her research.

Andy Hamilton addressed Council pursuant to the provisions of Council Procedure Rule 7(5) to express his concern about the use of taxpayers’ money to fund cultural quarter developments. Developments such as the Wonderhouse were reliant on public money yet the public were not consulted.  He called on the Council to end the lease of the Visual Arts Facility (VAF) to firstsite which he believed was essentially bankrupt.  Every visitor was heavily subsidised by public funding and the Arts Council was reducing the subsidy it provided. A commercial company should be given the opportunity of running the VAF. He called on the Council to hold a referendum on the future of the VAF.

Councillor T. Young, Portfolio Holder for Community Safety, Licensing and Culture, stressed that while it was accepted that he VAF was going through difficulties and needed a new focus, the Council  was determined ensure that it was a success.  

Nick Chilvers addressed Council pursuant to the provisions of Council Procedure Rule 7(5) about how the Council engaged with the local community.  In particular the Council needed to make it easier for young people and those between 25-50 to give their views, given the other demands on their time.  Public debate in Colchester was driven by the cultural, green and cycle lobbies.  Cabinet meetings should be taken out into local communities.  Online surveys were at risk of being hijacked by pressure groups so the Council needed to go out onto the streets to seek residents’ views.   Politicians needed to have a better appreciation of how people live their lives now.

Councillor Hunt, Leader of the Council and Portfolio Holder for Strategy, thanked Mr Chilvers for his comments and emphasised that whilst he was Leader he would support the ideas he advocated.

3 Minutes
A... Motion that the minutes of the meetings held on 11 December 2014 and 19 January 2015 be confirmed as a correct record.
52
RESOLVED that the minutes of the meetings held on 11 December 2014 and 19 January 2015 be confirmed as a correct record.
pdf Minutes of Council meeting 11-12-14 (335Kb)
pdf Minutes of Council meeting 19-01-15 (62Kb)
4 Mayor's Announcements
Mayor's Announcements (if any) and matters arising pursuant to Council Procedure Rule 8(3).
54
The Mayor announced the following events:-

• Bach Choir Concert at St Botolphs Church, 21 February 2015
• Quiz, Magic and Sausage Supper, Tiptree Community Centre, 13 March 2015
• Musical Evening in the Moot Hall, 28 March 2015

The Mayor also urged members to support the Age UK Fund campaign.

5 Declarations of Interest

The Chairman to invite Councillors to declare individually any interests they may have in the items on the agenda. Councillors should consult Meetings General Procedure Rule 7 for full guidance on the registration and declaration of interests. However Councillors may wish to note the following:- 

  • Where a Councillor has a disclosable pecuniary interest, other pecuniary interest or a non-pecuniary interest in any business of the authority and he/she is present at a meeting of the authority at which the business is considered, the Councillor must disclose to that meeting the existence and nature of that interest, whether or not such interest is registered on his/her register of Interests or if he/she has made a pending notification.  
     
  • If a Councillor has a disclosable pecuniary interest in a matter being considered at a meeting, he/she must not participate in any discussion or vote on the matter at the meeting. The Councillor must withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Where a Councillor has another pecuniary interest in a matter being considered at a meeting and where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Councillor’s judgement of the public interest, the Councillor must disclose the existence and nature of the interest and withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Failure to comply with the arrangements regarding disclosable pecuniary interests without reasonable excuse is a criminal offence, with a penalty of up to £5,000 and disqualification from office for up to 5 years.
6 Items (if any) referred under the Call-in Procedure
To consider any items referred by the Scrutiny Panel under the Call-in Procedure because they are considered to be contrary to the policy framework of the Council or contrary to, or not wholly in accordance with, the budget.
7 Recommendations of the Cabinet, Panels and Committees
To consider the following recommendations:-
7(i) Strategic Plan 2015-18
B... Motion that the recommendation contained in minute 50 of the Cabinet meeting of 28 January 2015 be approved and adopted.
55
RESOLVED that the recommendation contained in minute 50 of the Cabinet meeting of 28 January 2015 be approved and adopted.

7(ii) Colchester's Environmental Sustainability Strategy 2015-2020
C... Motion that the recommendation contained in minute 51 of the Cabinet meeting of 28 January 2015 be approved and adopted.
56
Nick Chilvers addressed Council pursuant to the provisions of Council Procedure Rule 7(5). He queried whether the Council had to have an Environmental Sustainability Strategy.  The Strategy was wide-ranging and ambitious and he questioned whether the Council could afford the cost of implementing the Strategy.  He also urged the Council not to become a “nanny” Council.  Residents should be allowed to take their own decisions on issues such as travel choices. l 

RESOLVED that the recommendation contained in minute 51 of the Cabinet meeting of 28 January 2015 be approved and adopted.

7(iii) 2015/16 General Fund Revenue Budget, Capital Programme and Medium Term Financial Forecast
The Leader of the Council will move the suspension of Council Procedure Rule 14(3) to allow the Portfolio Holder for Business and Resources and the leaders of the Conservative, Labour and Highwoods and Stanway Independent Groups to speak untimed on this item only.

D... Motion that the recommendations contained in minute 52 of the Cabinet meeting of 28 January 2015 and the recommendations contained in the Assistant Chief Executive's report entitled Precept and Council Tax Levels 2015/16  be approved and adopted.

Please note that in accordance with the provisions of Council Procedure Rule 15(3) any motion or amendment on the setting of the Council's budget must be subject to a named vote.
58
Councillors Jowers (in respect of his membership of the Police and Crime Panel and the Fire Authority) and Davies (in respect of being the Vice Chairman of Colchester Community Voluntary Services) declared a non-pecuniary interest in this item pursuant to the provisions of Council Procedure Rule 9(5). 

RESOLVED that the recommendations contained in minute 52 of the Cabinet meeting of 28 January 2015 and the recommendations contained in the Assistant Chief Executive’s report entitled Precept and Council Tax Levels 2015/16 be approved and adopted.

A named vote having been taken pursuant to the provisions of Meetings General Procedure Rule 15(3), the voting was as follows:-

Those who voted for were:-

Councillors Barlow, Barton, Bourne, Chuah, Cope, Cory, Goss, Graham, Harris, Havis, Hayes, P. Higgins, Hogg, Hunt, Knight, Liddy, Lilley, Naish, B. Oxford, G. Oxford, Pearson,  Scott, J. Scott-Boutell, Smith, Sykes, Turrell, J. Young and T. Young.

No Councillors voted against.

Those who abstained from voting:-

Councillors Blundell, Buston, Chapman, Chillingworth, Davidson, Davies, Ellis, Harrington, Hazell, Jarvis, Jowers, Lissimore, Maclean, Martin, Quince, Sheane, Willets, the Deputy Mayor (Councillor T. Higgins) and the Mayor (Councillor Elliott). 

8 Notices of Motion pursuant to the provisions of Council Procedure Rule 11
To consider the following Motions:-

(i) Magna Carta

Proposer: Councillor Willetts

E... Noting that 15th June 2015 marks the 800th anniversary of the sealing of Magna Carta, which proclaimed the liberties of all free people and is the basis of the constitution of many nations, Council commends the principal clauses of Magna Carta to the people of Colchester as a bulwark against oppressive authority.”

As the motion relates to a non-executive matter, it will be debated and determined by Full Council.

Main Amendment

Proposer: Councillor Liddy

That the motion on Magna Carta be approved and amended subject to the following amendments:-

• The deletion of the words “Noting that” and their replacement with the word “The”;
• The deletion of all the words following the word “nations” and the addition of the following words:-

. This Council notes the totemic status of the 1215 Magna Carta and its symbolic effect in English law. It  also notes that only two of the original sixty three chapters still survive. They are set out below and are commended to the residents of Colchester:-

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.

Should the Main Amendment be agreed, the revised wording of the Motion would be as follows:-

The 15th June 2015 marks the 800th anniversary of the sealing of Magna Carta, which proclaimed the liberties of all free people and is the basis of the constitution of many nations. This Council notes the totemic status of the 1215 Magna Carta and its symbolic effect in English law. It also notes that only two of the original sixty three chapters still survive. They are set out below and are commended to the residents of Colchester:-

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.


(ii) Pedestrian Crossing at Cymbeline Way

Proposer: Councillor Goss

Colchester Borough Council wishes to applaud Essex County Council  for listening to local Colchester Citizens and committing to leaving a pedestrian crossing on  the Cymbeline Way for use by the hundreds of students and commuters who use it on a daily basis to get safely to Colchester North Station, St Helena School, Colchester Institute and the surrounding area. However, Colchester Council wishes to be fully engaged in the siting of the proposed "temporary" crossing and wants commitment from Essex County Council that a crossing will remain in place permanently and that it won't be removed from the new site. The Council resolves to send a copy of this resolution along with the names of all Councillors who supported it to Cllr Bass, Essex County Council Cabinet member for Highways and Transportation.

As the motion relates to a non-executive matter, it will be debated and determined by Full Council. 


(iii) Renaming of Hythe Station

Proposer: Councillor Havis

G... Colchester Borough Council requests that Network Rail renames Hythe Station as Colchester Hythe Station to bring it in line with the other Colchester stations.

As the motion relates to a non-executive matter, it will be debated and determined by Full Council.

Main Amendment 

Proposer: Councillor T. Young

That the Motion on the Renaming of Hythe Station be approved and adopted subject to the following amendments:-

• The deletion of the words “Network Rail” and their replacement  with the words “Abellio Greater Anglia (working in collaboration with  Network Rail)”;
• The insertion of the following additional text at the end of the Motion:-

“This Council believes that any changes to the classification of Hythe Station should not have an adverse effect on the pricing or fare structure for passengers travelling towards London or on the Clacton line.

This Council supports a more integrated railway under a publicly accountable authority which would make the changes outlined above far easier to achieve.”

Should the Main Amendment be approved, the revised wording of the Motion would be as follows:-

“Colchester Borough Council requests that Abellio Greater Anglia (working in collaboration with Network Rail) renames Hythe Station as Colchester Hythe Station to bring it in line with the other Colchester Stations.

This Council believes that any changes to the classification of Hythe Station should not have an adverse effect on the pricing or fare structure for passengers travelling towards London or on the Clacton line.

This Council supports a more integrated railway under a publicly accountable authority which would make the changes outlined above far easier to achieve.”


(iv) Foster Carers

Proposer: Councillor Lissimore

H... This Council recognises the invaluable work that foster carers do for the community.

As the motion relates to a non-executive matter it will be debated and determined by Full Council.


59
(i) Magna Carta 

It was proposed by Councillor Willetts that:-

“Noting that 15th June 2015 marks the 800th anniversary of the sealing of Magna Carta, which proclaimed the liberties of all free people and is the basis of the constitution of many nations, Council commends the principal clauses of Magna Carta to the people of Colchester as a bulwark against oppressive authority.”

A main amendment was moved by Councillor Liddy that the motion be approved adopted subject to the following amendments:-

• The deletion of the words “Noting that” and their replacement with the word “The”;
• The deletion of all the words following the word “nations” and the addition of the following words:-

. This Council notes the totemic status of the 1215 Magna Carta and its symbolic effect in English law. It  also notes that only two of the original sixty three chapters still survive. They are set out below and are commended to the residents of Colchester:-

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.

Councillor Willetts indicated that the main amendment was accepted and the motion was deemed amended accordingly.

On being put to the vote the motion was carried unanimously.

(ii) Pedestrian Crossing on Cymbeline Way 

It was proposed by Councillor Goss that:-

Colchester Borough Council wishes to applaud Essex County Council for listening to local Colchester Citizens and committing to leaving a pedestrian crossing on the Cymbeline Way for use by the hundreds of students and commuters who use it on a daily basis to get safely to Colchester North Station, St Helena School, Colchester Institute and the surrounding area. However, Colchester Council wishes to be fully engaged in the siting of the proposed "temporary" crossing and wants commitment from Essex County Council that a crossing will remain in place permanently and that it won't be removed from the new site. The Council resolves to send a copy of this resolution to Cllr Bass, Essex County Council Cabinet member for Highways and Transportation.”

On being put to the vote, the motion was carried unanimously.

(iii) Renaming of Hythe Station

It was proposed by Councillor Havis that:-

“Colchester Borough Council requests that Network Rail renames Hythe Station as Colchester Hythe Station to bring it in line with the other Colchester Stations.”

A main amendment was moved by Councillor T. Young that the motion be approved and adopted subject to the following amendments:-

• The deletion of the words “Network Rail” and their replacement  with the words “Abellio Greater Anglia (working in collaboration with  Network Rail)”;
• The insertion of the following additional text at the end of the Motion:-

“This Council believes that any changes to the classification of Hythe Station should not have an adverse effect on the pricing or fare structure for passengers travelling towards London or on the Clacton line.

This Council supports a more integrated railway under a publicly accountable authority which would make the changes outlined above far easier to achieve.”

Councillor Havis indicated that the main amendment was accepted and the motion was deemed amended accordingly.

On being put to the vote the motion was carried unanimously.

(iv) Foster Carers  

It was proposed by Councillor Lissimore that:-

“This Council recognises the invaluable work that foster carers do for the community.”

On being put to the vote the motion was carried unanimously.



9 Questions to Cabinet Members and Chairmen pursuant to Council Procedure Rule 10
To receive and answer pre-notified questions in accordance with Council Procedure Rule 10(1) followed by any oralquestions (not submitted in advance) in accordance with Council Procedure Rule 10(3).

(Note: a period of up to 60 minutes is available for pre-notified questions and oral questions by Members of the Council to Cabinet Members and Chairmen (or in their absence Deputy Chairmen)).

At the time of the publication of the Summons, no pre-notified questions had been received.
60
Questioner

 

 Subject

 

 Response

 
Verbal Questions

 

Councillor J. Young

Would the Portfolio Holder join a cross party approach to save the Haven, which was a fantastic facility for people suffering from personality disorders and was due to close this month?

Councillor Hunt, Leader of the Council and Portfolio Holder for Strategy responded and explained that whilst he was sympathetic to Councillor Young’s request, this was a matter for the Portfolio Holder for Communities and Leisure to consider.

Councillor Jarvis

Would the Portfolio Holder for Economic Development and Regeneration explain what was holding up the two main projects for the town centre, St Botolph’s and Vineyard Gate, and what was “Plan B” should one of the parties withdraw from the schemes?

Councillor Turrell, Portfolio Holder for Economic Development and Regeneration, responded that these matters were commercially confidential and she was unable to explain further in a public meeting.  She was confident that no parties would withdraw from either of the schemes.

Councillor Harris

In view of the response from Essex County Council to the motion on street lighting, further instances of crime and vandalism, the recent death in a road accident on St Andrews Avenue which the lights were switched off and the stated intention of Harlow and Tendring Council’s to switch street lights back on, would the Leader of the Council arrange for Cabinet to look at the issue again with a view to using the Council’s own resources to restore street lighting between the hours of midnight and 5.00am.  If funding could be found would the Leader personally support the move to restore lighting?

Councillor Hunt, Leader of the Council and Portfolio Holder for Strategy, explained that in view of the death, which police had indicated might have been avoided if the road had been lit, he would arrange for a report to be submitted to Cabinet on 18 March 2015 to look at the issue and that if funding was available he would support the move to restore street lighting between the hours of midnight and 5.00am

Councillor Harrington

Would the Portfolio Holder look into a complaint by a constituent who had paid for an audio advert to be played at Leisure World, which had proved to be almost inaudible?  Would the Portfolio Holder arrange for the matter to be remedied and the advert rerun?.

Councillor Hunt, Leader of the Council and Portfolio Holder for Strategy responded and explained that he would ask the Portfolio Holder for Communities and Leisure   to look into the matter and respond.

Councillor Quince

In view of recent incidents of knife crime would the Portfolio Holder for Community Safety, Licensing and Culture ask the Police and Crime Commissioner for Essex to make knife crime a top priority?  In addition would he recognise the work done by local charities on weapons awareness and urge schools to welcome such charities to their premises and where appropriate fund their work?

Councillor T. Young, Portfolio Holder for Community Safety, Licensing and Culture, indicated that knife crime was treated as a high priority.   The work of local charities on weapons awareness was appreciated and the Council did all it could to support it. 

Councillor Lissimore

Would the Portfolio Holder consider offering free fitness membership passes to those children in care and those leaving care to make it easier for them to enjoy sport and instill a fitness regime that they would carry on into adult life.

Councillor Hunt, Leader of the Council and Portfolio Holder for Strategy responded that he felt this should be considered and he would express that view to the Portfolio Holder for Communities and Leisure.

Councillor Lissimore

Was the Portfolio Holder for Housing and Public Protection aware of the District Responsibilities for Corporate Parenting and would she commit to reviewing the housing allocation priorities and policies as they affect care leavers in order to achieve a greater level of consistency?

Councillor Bourne, Portfolio Holder for Housing and Public Protection indicated that she was aware of the district responsibilities for corporate parenting.  The Council was a partner in Gateway to Homechoice, which was a sub-regional housing allocations policy.  It would be considered but any changes to housing allocations policy would need to be considered with sub-regional partners.

Councillor Blundell

Could the Portfolio Holder for Economic Development and Regeneration provide further information about the Wonderhouse project?  What would it contain and would residents have to pay for entrance?

The Portfolio Holder for Economic Development and Regeneration explained that it would display items that were currently in storage at the Museum Resource Centre.

Councillor Harris

Would the Portfolio Holder for Community Safety, Licensing and Culture agree that the Day of Action in Berechurch had been a great success and would he pass on Council’s thanks on to those officers and partners who took part? 

Councillor T. Young, Portfolio Holder for Community Safety, Licensing and Culture, indicated that the day had been great success and he would pass Council’s thanks on.  Detailed information about the outcome of the Day of Action would be circulated to Berechurch ward councillors.

 

10 pdf Schedule of Portfolio Holder Decisions (125Kb)
To note the Schedule of Portfolio Holder decisions covering the period 2 December 2014 - 5 February 2015 
61
RESOLVED that the Schedule of Portfolio Holder decisions covering the period 2 December 2014 - 5 February 2015 be noted.
11 Urgent Items
To consider any business not specified in the Summons which by reason of special circumstances the Mayor determines should be considered at the meeting as a matter of urgency.
12 Reports Referred to in Recommendations
The reports specified below are submitted for information and referred to in the recommendations specified in item 7 of the agenda:

Strategic Plan 2015-18, report to Cabinet 28 January 2015
Colchester's Environmental Sustainability Strategy 2015-20, report to Cabinet 28 January 2015
2015/16 Revenue Budget,Capital Programme and Medium Term Financial Forecast, report to Cabinet 28 January 2015
 
pdf Strategic Plan - report to Cabinet 280115 (2252Kb)
pdf Environmental Sustainability Strategy - report to Cabinet 280115 (624Kb)
pdf 2015/16 General Fund Revenue Budget, Capital Programme and MTFF - report to Cabinet 280115 (583Kb)
13 Exclusion of the Public
In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).
Suspension of Procedure Rules
57
RESOLVED that Council Procedure Rule 14(3) be suspended to allow the Portfolio Holder for Business and Resources and the Leaders of the Conservative, Labour and Highwoods and Stanway Independent Groups to speak untimed on the motion on the 2015/16 General Fund Revenue Budget, Capital Programme and Medium Term Financial Forecast only.
Part B

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Beverly Davies58Vice Chair of Colchester Community Voluntary ServicesNon-PecuniaryCouncillor Davies (in respect of being Vice Chair of Colchester Community Voluntary Services) declared a non-pecuniary interest pursuant to the provisions of Council Procedure Rule 9(5).
Councillor John Jowers58Membership of the Police and Crime Panel and Fire AuthorityNon-PecuniaryCouncillor Jowers (in respect of his membership of the Police and Crime Panel and the Fire Authority) declared a non-pecuniary interest pursuant to the provisions of Council Procedure Rule 9(5).

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