Live broadcast to start at 7pm and available for repeat viewing.   

Apologies were received from Cllrs Heard, Lewis and Wiles. 

The Mayor requested to vary the order of the agenda to take Item 14 – Request for Dispensation of Attendance after Item 1 – Apologies for Absence.

The Mayor also requested to vary the order of the agenda to move Item 18 – Joint Venture after Item 15 – Appointment of Strategic Director.

This was AGREED.     

To follow.

To advise Members of a request for a dispensation for two members who are currently unable to attend Council meetings due to ill health and ask that Members of the Council endorse the request.

Cllr Aspinell MOVED and Cllr Russell SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY

R1. That a dispensation is granted to Cllr Andy Wiles for the period 26th June 2023 to 2nd May 2024 for non-attendance of Council meetings due to ill health.

R2. That a dispensation is granted to Cllr Mark Lewis for the period 29th September 2023 to 2nd May 2024 for non-attendance of Council meetings due to ill health.

REASONS FOR RECOMMENDATIONS

Section 85 Local Government Act 1972 provides that if a member of a local authority fails throughout a period of six consecutive months from the date of their last attendance at any meeting of the authority, they shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

The report sought the Council’s agreement to grant a dispensation for Cllr Wiles and Cllr Lewis who have been unable to attend council meetings on health grounds.

Cllr Hirst declared a pecuniary interest in relation to Item 12 – Council Tax Premium and would leave the chamber and not vote on this item.

Cllr Poppy declared a pecuniary interest in relation to Item 12 – Council Tax Premium and would leave the chamber and not vote on this item.

Cllr Marsh declared a pecuniary interest in relation to Item 9 – Pay Award 2023-24 as her husband is a Brentwood Borough Councillor employee.  As it was a non voting item she would not be required to leave the Chamber. 

“May I start by congratulating two Brentwood residents, Alex Gibson and Roy Tyzack on receiving an order of the British Empire (BEM) medal in the Kings Birthday Honours List.  Both of them have also been awarded Civic Awards in the past so we know of their contribution to the Borough too.   

It was an honour to be part of the Remembrance Day Parade as the Mayor of Brentwood. The event was humbling, and I was a privileged to represent the Borough of Brentwood, joined by the representatives from our local branch of the Royal British Legion, the military and the cadets and organisations.

Leading the parade of almost 600 people to the War Memorial and through the High Street was an occasion I will never forget, and I was proud to be the Mayor of this great Town.  The service followed at St Thomas’ Church allowed us to remember and never forget those who have fought and selflessly and gave their lives to our country.  Thank you to the organisers, with a personal note of thanks to the Council officers, and all those who supported the event to make it the success it was. 

We got into the festive spirits as I turned on the High Streets Christmas Lights at an event in the Baytree Centre – I would like to thank the performers, sponsors and volunteers who helped make this event happen. 

I was also pleased to present the winners of my Christmas Card and Poem competition at Larchwood Primary School and Willowbrook Primary School.  It was great to meet the well-deserved winners Kendra, Seb and Joshua.      

I also had the opportunity to enjoy my Civic Carol Service at St Peters South Weald Church last week. A big thank you to Reverend Dr Adrian McConnaughie, the bellringers, church volunteers and Brentwood residents who joined me. It was a great service surrounded by fellow Mayors and Chairman, Members and those in the community. It was so lovely to be joined by the impressive Church Choir, again by our poem competition winner Kendra and an absolutely brilliant performance by the choir of St Peters School on the evening. A special note of thanks also to Cllr Will Russell, without whom it would not have happened.

Since the last Ordinary Council meeting, I have hosted my first Charity Curry Night and Charity Quiz night raising money for my chosen charities, with thanks to former Cllr William Lloyd for hosting. I am pleased to announce that the events raised over £2,000 for my charities and also more than £1,000 for Winifred Dell Care Home in Warley.

I am also pleased to confirm, that for the Mayor’s Charities, we now have a Councillor cross party team to run Brentwood’s Half Marathon, joining myself will be Cllr Dr Tim Barrett, Cllr Will Russell and Cllr Jay Laplain. I am sure you will all be keen to sponsor us, if only to enjoy our collective suffering over several hours in March. 

In more exciting news,  ...  view the full minutes text for item 278.

Cllr Worsfold confirmed he was present at the previous Ordinary Council meeting although this was not recorded in the attendance.  .

Cllr Sankey had an amendment to his response to Cllr White on Page 201 of the previous minutes which should read as “Yes, it was a very interesting meeting and I thought everybody contributed very well. On this specific point, Mr Willis had actually responded by email and confirmed that there are actually no checks on counterparties. He has suggested a way forward which I would like to explore with him and I actually agree with what he is proposing”.

Matters arising:

Cllr Bridge asked that the gas servicing dipped below target and can I ask the Chair of Housing why that is and our measures in place to ensure it doesn't happen again.

Cllr Dr Barrett responded to say that:

Gas Servicing is scheduled during the summer months and therefore any cases where access cannot be gained will show at the end of Q2 and for this financial year this consisted of 11 properties. The Council has now gained access to several of these properties and have obtained court warrants for the remaining outstanding services, and therefore we expect to reach the target by the end of Q3. For next year the Council is amending its servicing procedure to ensure that where a court warrant is required, these are applied for, obtained and actioned before the LGSR expires. This should mean that the 100% target is maintained.

Cllr Aspinell added that he was asked about a litter bin in Ingatestone, he updated Cllr Wagland that the bin was the responsibility of the Parish Council and not the Borough Council. 

Cllr Barber added that following a Motion at the last Ordinary Council meeting, an action plan was agreed regarding the pigeons at Shenfield Station – he was updated at the recent Clean& Green Committee that there is currently no update for members. 

In accordance with the Council’s Constitution, a member of the public resident within the Borough may ask a maximum of two questions relating to the business of the Council providing notice has been received by 10.00am two working days before the relevant meeting.

As Mrs Smith and Mrs Gearon-Simm, the Mayor asked the questions on their behalf.

Two questions had been received from Mrs Smith.

Mrs Smith’s first question:

What has happened to the La Plata badgers?

Cllr Aspinell responded:

I can advise that in accordance with wildlife legislation Natural England granted a licence in June 2021 to temporarily close a badger sett which was subsidiary to the main badger sett whilst development activities took place. Once the development was complete the sett was reinstated.

Mrs Smith’s second question:  

How can it happen that when independent organisations such as Citizen's Advice or Peabody (both operating from the Council reception area, and presumably approved of by the Council) try to help support a local vulnerable disabled resident to the Housing Department, to clarify or uphold their rights, or sort out a situation objectively, they are completely ignored / stonewalled?

Cllr Dr Barrett responded:

The organisations working from the Councils reception area, independently rent the space which provides a central location for them to help those most in need. The Housing Department works closely with these and other organisations on a regular basis to resolve the issues raised with them by residents requiring help and support.  

Two questions had been received from Mrs Gearon-Simm.

Mrs Gearon-Simm’s first question:  

In Switzerland, taxes paid to the local cantons (countries) are not taken away by the Swiss federal government. Cantons do not have to rely on the grace and favour of their federal government for grants. In England, local authorities central funding was squeezed post 2010 to the degree that spending power fell by 17.5% in a decade.

In 2015, the Audit Commission, which used to oversee local authorities audits, were no longer required and this seems to have been a key moment in the emerging financial disaster of property speculation by local authorities. Did Brentwood Borough Council (BBC) engage in purchasing property for speculation in the “free market” without voters referenced in this matter? If BBC still owns property for fund-raising purposes, is this thoroughly audited?

Cllr Kendall responded:

Any purchases of properties by the Council have been with the appropriate Members agreement and consideration is given to the benefit such purchases provide in terms of redevelopment or economic benefits to the borough. These are reported as part of the Council's Accounts which are audited by the Council's External Auditors and reported to the Audit & Scrutiny Committee.

Mrs Gearon-Simm’s second question:

The Joseph Rountree Foundation, has been monitoring the scale of destitution in our country since 2015. Destitution is the state of living without sufficient means to have the basics for sustaining life. Margaret thatcher said “Bring back Victorian values”. Slums, workhouses, poor laws, child prostitution were part of the Victorian era.  ...  view the full minutes text for item 280.

A petition was presented to the Mayor by Cllr Russell.  This would be passed onto Officers.   

To follow.

In accordance with the Council’s Constitution a brief written report by each committee Chair and the Leader covering their area of responsibility will be circulated with the agenda for each Council meeting.

Any member may ask a Chair or the Leader a written or oral questions on:

(a)   any matter included in a Chair’s or the Leader’s written report; or

(b)   any matter in relation to which the Council has powers or duties or which affects the Council’s area and which falls within the area of responsibility of the Chair’s committee.

(c)   Questions to the Leader’s report, should do not be a question that can be answered by a Committee Chair.

(d)  No question should be put to the Chair or the Leader if it relates exclusively to a ward, operational or resident matter that could have otherwise been resolved by reasonable use of the casework system.

The period allowed for the Leader’s and Chairs’ reports, written and oral questions and answers will not exceed 60 minutes without the leave of the Mayor and such leave will only be granted in exceptional circumstances.

One written question was received from Cllr Poppy:

1.    To the Chair of FAIR:

Before last Mays election, The Leader of the Liberal Democrats group promised a forensic examination of the Councils finances if they become the administration. Can I ask if this has been carried out and if so, which company carried out this examination and when will the council see the results published?

Response:

I can reassure Cllr Poppy that one of the first acts of this administration was to request of officers details of any financial issues, problems or liabilities facing the Council. We had particular concerns regarding the size of the authority’s debt and its treasury management arrangements. We also had questions about the Council’s relationship with third parties, not just Seven Arches Investments (SAIL) but also any other partnerships. As Chair of FAIR, I also had concerns about the late external audit of the 2021/22 accounts.

At the first meeting of FAIR, I required reports in relation to the late 2021/22 audit, as well as potential errors in relation to historic treasury management accounting – specifically, Minimum Revenue Provision. These reports are a matter of public record. The late audit of accounts set out the findings of research conducted by the Council’s Section 151 Officer. The historic Minimum Revenue Provision issue was explained in the report and been subject to detailed investigation by the Council’s advisers as well as the external auditor, EY. Both issues will be addressed when the final audit report is presented in respect of the 2021/22 accounts.

A detailed report into the Council’s Treasury Management arrangements was conducted by Link, the leading adviser on treasury management across local government. The report will be presented to FAIR on 20 December. It has already been approved by Audit & Scrutiny Committee.

It is very difficult to reduce the size of the debt that this Administration has inherited, without selling Council assets  ...  view the full minutes text for item 282.

The report informed Members that a Partnership Peer challenge will take place between the 4th and 8th March 2024. This Peer Challenge will be undertaken by the Local Government Association (LGA) and will be a Corporate Peer Challenge with a specific focus on Brentwood Borough Council's One Team Partnership with Rochford District Council.

This item was for information only so no voting was required. 

To follow

Brentwood Borough Council is not part of the NJC and pay is set locally, however over a number of years we have reached agreement on the local pay award, that has mirrored that of the national pay award. On 1 March 2023 the Council agreed to include a 4% pay award within the 2023/24 Budget for Brentwood employees, with a view to wait for the outcome of the nationally agreed pay award, before looking to consult and implement.

This item was information only so no voting was required. 

To follow. 

The report detailed the responses received from the recent public consultation on the review of polling districts and polling places, evaluates the issues raised and proposes an amended schedule with polling district boundary maps for Members’ approval.

Cllr Kendall thanked the work undertaken by officers which was echoed by Cllr Barber. 

Cllr Kendall MOVED and Cllr Barber SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY

Members were asked to:

R1. Approve the Schedule of Polling Districts and Polling Places, as appended to the report, to take effect from 4 January 2024.

REASON FOR RECOMMENDATION

The Council is required to keep polling districts and polling places under review and make amendments where necessary. The recent review of the ward structure in the Brentwood Borough by the Local Government Boundary Commission for England (LGBCE) has made changes that will affect where some people go to vote.

This review sets out revised polling districts and polling places within the new ward structure drawn up by the LGBCE. It cannot amend any of the ward boundaries that have been put in place and given Government approval

Audit & Scrutiny Committee on 26 September 2023 approved the recommendation to Council for an Independent Person (IP) to be appointed to the Council’s Audit & Scrutiny Committee (for audit business).

Cllr Sankey MOVED and Cllr White SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY

Members were asked:

R1. That an Independent Person is appointed for the Council’s audit functions, which form part of the business of Audit & Scrutiny Committee.

R2. The recruitment of the Independent Person is delegated to the Interim Director of Resources in consultation with the Chair of Audit & Scrutiny Committee.

REASONS FOR RECOMMENDATIONS

The Government response in June 2022 to the Local Audit Framework: Technical Consultation set out plans to strengthen local audit framework in light of the Redmond Review. It confirmed that when parliamentary time allows, audit committees will be made compulsory for all local councils, with at least one independent member required on each committee. This follows the CIPFA detailed guidance on the function and operation of audit Committees in Local Authorities which endorsed the approach of mandatory inclusion of a lay or independent member and recommended that, for authorities for whom it is not a requirement at present, they actively explore the appointment of an independent member to the Committee. Ahead of any legislative requirement being implemented, it is recommended that the Council therefore takes steps to introduce an Independent Person onto the Audit & Scrutiny Committee so that an appropriate person can be recruited as soon as is practicable.

The report was to introduce a Council Tax premium of 100% for second homes (unoccupied and furnished dwellings) within the borough, with effect from 1 April 2025. This 100% premium is in addition to the standard Council Tax charge. The Levelling Up and Regeneration Act 2023 sets out that when determining its decision, each billing authority has to adopt the agreed percentage of any premium by the 31 March prior to the financial year in which it wants to introduce the changes. This decision therefore requires agreement by 31 March 2024, to come into effect from 1 April 2025.

Cllr Kendall MOVED and Cllr Laplain SECONDED the recommendations in the report.

Cllr Kendall requested a recorded vote which was supported by Cllrs Laplain, M Cuthbert, Naylor, Mynott and Aspinell.   

FOR: Cllrs Barrett; Haigh; Aspinell; Barber; Dr Barrett; Bridge; M Cuthbert; N Cuthbert; Davies; Francois; Fulcher; Gelderbloem; Gorton; Kendall; Laplain; Marsh; Mayo; McCheyne; Munden; Murphy; Mynott; Naylor; Parker; Pound; Reed; Rigby; Sankey; Slade; Wagland; White; and Worsfold (31).

AGAINST: (0)

ABSTAIN: (0)

This was RESOLVED UNANIMOUSLY:

Members were asked to:

Approve the implementation of the Council Tax premium of 100% for second homes (unoccupied and furnished dwellings) within the Borough, with effect from 1 April 2025.

REASON FOR RECOMMENDATION

The introduction of the Levelling Up and Regeneration Act 2023 allows the Council to make amendments to the levying of Council Tax premiums within the borough with effect from 1 April 2025.

(Cllr Hirst and Poppy declared a pecuniary interest left the Chamber and did not vote on this item).

This report gives an update on the Council’s treasury management activity and performance for the period April to October 2023. It also presents an update to the Council’s Minimum Revenue Provision (MRP) policy for 2023/24, following discussions between the S151 Officer and the Council’s external auditors. The report was presented to and was approved by Audit & Scrutiny Committee on 14th November 2023. The report is now being presented for consideration and approval to Ordinary Council in accordance with the Council’s Treasury Management Practices.

Cllr Kendall thanked the work the team had been doing and welcomed the Member Briefing in January. 

Cllr Aspinell MOVED and Cllr Laplain SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY

R1. To note the Council’s treasury management activity and performance for the period April to October 2023.

R2. To approve the revised prudential indicators set out in paragraph 13.

R3. To approve the updated MRP policy

REASONS FOR RECOMMENDATIONS

To enable the scrutiny of the Council’s Treasury Management activity and performance in 2023/24 in compliance with CIPFA’s Treasury Management in the Public Services: Code of Practice (the CIPFA Code 2021 Edition) and generally accepted good practice. To add clarity to the method for calculating MRP being followed in respect of the debt liability pre-1 April 2008.

To follow

Members agreed to discuss this Item in private session and the press and public were excluded.

The report sought the Council’s approval to appoint the joint Strategic Director for Commercial & Regeneration. This role is a OneTeam appointment and will also be subject to the required approvals by Rochford District Council (RDC).

Cllr Davies MOVED and Cllr N Cuthbert SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY

R1 - To appoint the Strategic Director for Commercial & Regeneration as set out in the Confidential Appendix A.

R2 - That the Monitoring Officer be given delegated authority in consultation with the Constitution Working Group, to make any required changes to the Constitution to give effect to the recommendations in this report.

REASON FOR RECOMMENDATION

To appoint the joint Strategic Director for Commercial & Regeneration, following the resignation of the current postholder, who leaves the Council in June 2024. This will ensure there is continuity in the role and a sufficient period of handover in this critical role.

The public will be excluded from the meeting for this item of business on the grounds that the disclosure of exempt information as defined in Schedule 12A of the Local Government Act 1972 is involved.

This item was held in private session and the press and public were excluded. 

Cllr Aspinell MOVED and Cllr Kendall SECONDED the recommendations in the report. A vote was taken and it was RESOLVED UNANIMOUSLY.

Cllr Kendall requested a recorded vote which was supported by Cllrs Aspinell, Laplain, Naylor, Mynott and M Cuthbert.   

FOR: Cllrs Barrett; Haigh; Aspinell; Barber; Dr Barrett; Bridge; M Cuthbert; N Cuthbert; Davies; Francois; Fulcher; Gelderbloem; Gorton; Hirst; Kendall; Laplain; Marsh; Mayo; McCheyne; Munden; Murphy; Mynott; Naylor; Parker; Poppy’ Pound; Reed; Rigby; Russell; Sankey; Slade; Wagland; White; and Worsfold (34).

AGAINST: (0)

ABSTAIN: (0)

This was RESOLVED UNANIMOUSLY. 

Motion 1 – Received 27th November 2023 @ 05:05

Mover: Cllr White               Seconder: Cllr Slade

TRANSPARENCY Council workers deliver services to the public using tax payers’ money, and as such the council expects these staff to exhibit exemplary standards of behaviour. They should behave with integrity and demonstrate an honest, open and transparent attitude to their work.

The Principles of Public Life apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government and a range of other public bodies and services.

A 2019 Review by the Committee on Standards in Public Life ‘Local Government Ethical Standards’ “…identified a number of risks in the sector: the current rules Page 79 Agenda Item 16 around conflicts of interest, gifts, and hospitality are inadequate; and the increased complexity of local government decision-making is putting governance under strain.”

This motion seeks to identify best practice in Local Government transparency, in particular for Senior staff with formal delegated decision-making powers, or those staff appointed as Directors of organisations on the Councils behalf – and requires the Chief Executive and Monitoring Officer to work with the administration and political groups to propose a suitable register of interests for senior staff.

This Council Notes:

1. The Principles of Public Life apply to anyone who works as a public office[1]holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in local government;

2. Of these, the principal of Openness is that: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing;

3. There is considerable variation in the codes of conduct of Local authorities; 4. Bodies such as the GLA have a registration of interests in a common format for Members and Senior Staff, which reflects the standard template used across the GLA Group;

5. The Local Authority’s constitution and its governance / financial framework vests a number of senior staff with delegated authority or roles where they ‘act as a director in a company that the Council owns or has shares in.

This Council Resolves:

1. That the Head of Paid Service and Monitoring Officer work with the Chair of Audit and Scrutiny, and Leaders of each Political Group to review the Council’s codes of Ethics & Standards for staff and compare these to best practice in the UK.

2. That the review should consider any relevant advice, guidance and reports from: the LGA, the Committee on Standards in Public Life, obligations and statutory duties on local government officers, the National Joint Council for Local Government Services (the Green Book) and the Constitution Salaries Conditions of Service (Joint Negotiating Committee for Chief Officers of Local Authorities) and other sources as may be considered relevant.

3.  ...  view the full minutes text for item 291.

An item of business may only be considered where the Chair is of the opinion that, by reason of special circumstances, which shall be specified in the Minutes, the item should be considered as a matter of urgency.

There were no items of Urgent Business – the Mayor wished everyone a Merry Christmas and a Happy New Year and closed the meeting.