Agenda and minutes

To receive declarations of the existence and nature of any Disclosable Pecuniary Interests from Members in respect of any item to be considered at the meeting.

No declarations of interest were made by Councillors regarding items on the agenda.

To confirm the Minutes of the Meeting of the Council held on 6 December 2022.

The Minutes of the Meeting of the Council held on 6 December 2022 were agreed as a true record and the Mayor was authorised to sign them.

To receive such communications or deal with such business as the Mayor may decide to lay before the Council.

It was with sadness that the Mayor informed the Council of the death of Reverend Sue Bull, who had contributed greatly to the work of the ‘Love Me, Love My Mind’ charity within the Borough.

It was with sadness that the Mayor also informed the Council of the recent tragic news from Epsom College. The Mayor extended the Council’s thoughts and best wishes to those affected by the tragedy, including the staff, parents, children and governors at the school.

The Mayor made a number of announcements relating to noteworthy events which he had attended over the past 2 months, and upcoming events.

The Constitution Working Group has been working on reviewing the entire constitution during the course of the past year to update and simplify it as set out in this report.  As part of the principles for its work, the Group has looked to streamline the constitution so that the council has a shorter document which contains the main, essential elements of what should be in a modern updated core constitution. Other documents which are important, but which do not have to be in the core constitution, have been moved into a collection of documents we are referring to as the Council Operating Framework.

The Group presented its recommendations to the Standards and Constitution Committee last month. The committee agreed the recommendations below be brought to Full Council: namely, that the revised constitution as set out in Appendix 1, along with the Council Operating Framework which contains documents that have been reviewed and moved out of the core constitution (set out in Appendix 2), be adopted. 

Council received a report presenting the recommendations of the Standards and Constitution Committee for the adoption of a revised constitution, along with the Council Operating Framework containing documents that have been reviewed and moved out of the core constitution. 

Councillor Liz Frost MOVED the recommendations in the report.

An amendment to the recommendations was MOVED by Councillor Liz Frost and SECONDED by Councillor Hannah Dalton.

The proposed amendment was as follows:

“Page 15 of the agenda

Paragraph 3.9 add: “? Review the Petitions Scheme to recommend types of petitions and numbers of signatures required.”

Page 74 of the agenda

Terms of reference

Delete: “3. To establish sub-committees to progress work of the committee.”

Amend 5. to read: “The committee will normally meet twice during the course of the year.”

Areas of responsibility

Amend e. to read: “Make recommendations to Council  for any items of expenditure.”

Page 11 & 12 of the agenda

Amended recommendations

(1) Approve that Appendix 1, an updated core constitution for the council, be adopted from 4 May 2023.

(5) Approve that Appendix 2, being the remaining documents from the constitution reviewed and updated and moved from the constitution , and not covered off by recommendations 2,3 and 4 above, be adopted as the Council’s Operating Framework from 4 May 2023.

Additional recommendation

(10) Agree that the Chair of the Crime and Disorder Committee will receive a Special Responsibility Allowance of 30% of Basic Allowance, and that this is included within the Members Allowances Scheme from May 2023.”

As the amendment was put by the proposer of the original motion, it became part of the substantive motion.

Upon being put the recommendations were CARRIED with 26 votes for, 2 abstentions and the Mayor not voting.

Accordingly, it was resolved to:

(1)      Approve that Appendix 1 to the report, an updated core constitution for the council, be adopted 4 May 2023.*

(2)      Approve moving the “Officers’ Code of Conduct” from the constitution into officer employment policies.

(3)      Approve moving the “Whistleblowing Policy” from the constitution into officer employment policies.

(4)      Approve the removal of the “Recording, Photography and Use of Social Media Protocol and Guidance (Part 5, Section 10)” from the constitution.

(5)      Approve that Appendix 2 to the report, being the remaining documents from the constitution reviewed and updated and moved from the constitution, and not covered off by recommendations 2, 3 and 4 above, be adopted as the Council’s Operating Framework 4 May 2023.

(6)      Approve the replacement of the “Crime and Disorder Sub-Committee" with a new “Crime and Disorder Policy Committee”.

(7)      Agree that the Standards and Constitution Committee review items shown in 3.9 below as part of its work programme.

(8)      Agree to retain the existing officer and councillor indemnity scheme, for the present time.

(9)      Agree the proposed committee member numbers shown on Appendix 3 to the report.

(10)   Agree that the Chair of the Crime and Disorder Committee will receive a Special Responsibility Allowance of 30% of Basic Allowance, and that this is  ...  view the full minutes text for item 42.

This report seeks the approval of the draft Epsom & Ewell Borough Council Pay Policy Statement 2023/24 prior to its publication on the Council’s website. This report also seeks the approval of the proposed increase to the Chief Executive pay scale.

Council received a report presenting the recommendations of the Strategy and Resources Committee in seeking the approval of the draft Epsom & Ewell Borough Council Pay Policy Statement 2023/24 prior to its publication on the Council’s website. The report also sought the approval of the proposed increase to the Chief Executive pay scale.

Councillor Neil Dallen MOVED the recommendations in the report.

Upon being put the recommendation (1) was CARRIED with 23 votes for, 1 vote against, 4 abstentions and the Mayor not voting. Recommendation (2) was CARRIED with 20 votes for, 3 votes against, 5 abstentions and the Mayor not voting.

Accordingly, it was resolved to:

(1)        Approve the draft Pay Policy Statement for 2023/24.

(2)        Approve the proposed increase to the Chief Executive pay scale.

This report fulfils the statutory requirement to agree a budget for 2023/24, comprising both revenue and capital expenditure plans, and to set a council tax for the year.

The Council Tax recommendation as supported by the Financial Policy Panel is for an increase of £6.39 per annum (Band D property), an equivalent increase of 2.99%.

The Council gave consideration to its 2023/24 budget, comprising both revenue and capital expenditure plans and Council Tax amounts for each band of dwelling.  The report took account of the recommendations of the Community & Wellbeing, Environment & Safe Communities, Licensing and Planning Policy and Strategy & Resources Committees (appertaining to fees and charges, the revenue budget and capital programme).

In moving the recommendations of the Chief Finance Officer, the Chair of the Strategy and Resources Committee, Councillor Neil Dallen, made a statement to the Council on the budget for 2023/24 to which Councillors Kate Chinn and David Gulland responded.

Upon being put the motion to agree the recommendations of the report was CARRIED, there being 23 members in favour, 5 against and the Mayor not voting as detailed below.

Accordingly, it was resolved:

(1)            That it be noted that, under delegated powers, the Chief Finance Officer calculated the amount of the Council Tax Base as 33,521.16 (Band ‘D’ equivalent properties) for the year 2023/24, in accordance with the Local Government Finance Act 1992, as amended (the “Act”).

(2)            That the following estimates recommended by the policy committees be approved:-

a.     The revised revenue estimates for the year 2022/23 and the revenue estimates for 2023/24.

b.     The capital programme for 2023/24 and the provisional programme for 2024/25 to 2027/28, as summarised in the capital strategy statement.

(3)            That the fees and charges recommended by the policy committees be approved for 2023/24.

(4)            That the Council Tax Requirement for the Council’s own purposes for 2023/24 is £7,361,247.

(5)            That the Council receives the budget risk assessment at Appendix 6 to the report and notes the conclusion of the Chief Finance Officer that these budget proposals are robust and sustainable as concluded in this report.

(6)            That the Council receives the Chief Finance Officer Statement on the Reserves as attached at Appendix 8 to the report.

(7)            That the Council agrees the Treasury Management Strategy and prudential indicators and authorised limits for 2023/24 as set out in Appendix 11 to the report including:-

a.               Affordability prudential indicators;

b.               The actual and estimated Capital Financing Requirement;

c.               The estimated levels of borrowing and investment;

d.               The authorised and operational limits for external debt;

e.               The liability benchmark;

f.                 The treasury management prudential indicators.

(8)            That the following amounts be calculated for the year 2023/24 in accordance with sections 31 to 36 of the Act:

a.               £55,744,311 being the aggregate of the amounts which the Council estimates for the items set out in section 31A(2) of the Act.

b.               £48,383,064 being the aggregate of the amounts which the Council estimates for the items set out in section 31A(3) of the Act.

c.               £7,361,247 being the amount by which the aggregate at 8(a) above  exceeds the aggregate at 8(b) above, calculated by the Council, in accordance with section 31A(4) of the Act, as its council tax requirement for the year.

d.               £219.60 being the amount at 8(c) above divided by the amount at 1. above, calculated by  ...  view the full minutes text for item 44.

To set the strategic direction for the Council’s potential relocation of the Town Hall.

Council received a report presenting recommendations to set the strategic direction for the Council’s potential relocation of the Town Hall.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

Upon being put the recommendation was CARRIED with 25 votes in favour, 2 against and the Mayor not voting.

Accordingly, it was resolved to:

(1)        Agree the Council’s strategic direction by identifying 70 East Street, Epsom as a potential relocation opportunity for the Council Offices.

(2)        Delegate to the Chief Executive in consultation with the Chair and Vice Chair of Strategy and Resources, the review of 70 East Street and progress feasibility of the relocation.

(3)        Approve a budget of up to £25,000 to cover the cost of the above work (including full business case to be brought back to Council), to be funded from the Property Income Equalisation Reserve.  

The Council is asked to consider whether it wishes to pass a resolution to exclude the Press and Public from the meeting in accordance with Section 100A (4) of the Local Government Act 1972 on the grounds that the business involves the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Under Section 100(A)(4) of the Local Government Act 1972, the Council passed a resolution by majority decision (with 22 votes for, 5 votes against and the Mayor not voting) to exclude the public from the meeting for Part Two of the Agenda on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 1 and 4 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

This report has not been published because the meeting is likely to be closed to the press and public in view of the nature of the business to be transacted/nature of the proceedings.  The report deals with information relating to an individual and information relating to the financial or business affairs of the Councile and third parties and the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

Council received a report setting out the recommendations of the Appointments Panel, convened in accordance with the Constitution, regarding the appointment of a Chief Executive who also fulfils the roles of Electoral Registration Officer and Returning Officer.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

Upon being put the recommendation was CARRIED with 23 votes in favour, 3 against, 1 abstention and the Mayor not voting.

Accordingly, it was resolved to:

(1)        Approve the appointment of Jackie King to the post of Chief Executive;

(2)        Agree that the appointment be made on terms which comply with the Council’s Pay Policy Statement under section 38 of the Localism Act 2011 and that the Head of People & Organisational Development in consultation with the Chair of Strategy and Resources Committee be authorised to finalise all terms and conditions;

(3)        Agree that Jackie King be designated the Electoral Registration Officer and Returning Officer with effect from 15 February 2023 if the offer referred to in recommendation (1) is accepted;

(4)        Agree that Jackie King be appointed as the Head of Paid Service with effect from 15 February 2023 if the offer referred to in recommendation (1) is accepted;

(5)        Note that the Chief Executive will automatically serve as Clerk to Epsom and Walton Downs Conservators and Nonsuch Park Joint Management Committee.

This report has not been published because the meeting is likely to be closed to the press and public in view of the nature of the business to be transacted/nature of the proceedings.  The report deals with information relating to an individual and information relating to the financial or business affairs of the Councile and third parties and the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

Council received a report seeking authority for the appointment of a new monitoring officer.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

An amendment to the recommendations was MOVED by Councillor Neil Dallen and SECONDED by Councillor Hannah Dalton.

The proposed amendment was as follows:

“Page 265 of the agenda

Additional recommendation

(2) Agree to extend the current monitoring officer arrangements undertaken by Olwen Brown through Anthony Collins Solicitors until Mr Ionta commences work at the Council, anticipated to be 15 May 2023.”

As the amendment was put by the proposer of the original motion, it became part of the substantive motion.

Upon being put the recommendations were CARRIED unanimously.

Accordingly, it was resolved to:

(1)        Approve the appointment of Piero Ionta as the Council’s Head of Legal Services and Monitoring Officer#

(2)        Agree to extend the current monitoring officer arrangements undertaken by Olwen Brown through Anthony Collins Solicitors until Mr Ionta commences work at the Council, anticipated to be 15 May 2023.