Agenda and minutes

The Chairman opened the meeting with announcement of the recent peaceful death of Councillor Mackenzie following a period of illness.  All present at the meeting then stood in silent tribute to the memory of Councillor MacKenzie.

The Chairman advised he would send Members’ sincere condolences to Councillor MacKenzie’s wife and that details of his funeral would be circulated.

The Chairman drew attention to the list of notices published on the agenda.

Apologies for absence were received from Councillor R G Boyce MBE CC, A T Cain, M F L Durham, M R Pearlman, N R Pudney and Miss S White.

RESOLVED that the Minutes of the meeting of the Council held on 14 July 2016 be received and adopted.

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 11 August 2016 be received and adopted.

At this point, the Chairman advised Members that a revised agenda and addendums to Agenda Item 6 – Public Questions and Agenda Item 9 Recommendations of Committees for Decision by the Council had been circulated.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 - 8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor Mrs P A Channer declared a non-pecuniary interest as an Essex County Councillor should any matter discussed relate to it.

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday prior to the day of the meeting).

In accordance with Procedure Rule 1(3)(e) and the Council’s Public Question Time and Participation at Council and Committee Meetings Scheme, the Leader of the Council referred to a question from Mr Scott Lyle and four questions from Ms Judy Lea for the Maldon Society of which prior notification had been given.  A copy of the questions and prepared responses from the Leader of the Council were circulated to all Members and those in attendance at the meeting.

From Mr Scott Lyle:

Question:

“What are Maldon District council going to do about the growing friction caused between 13+ complainants about the peafowl and the democratic majority of the village who wish to retain the peafowl?”

Response:

For the benefit of those that do not know about the issue referred to, which is within Mayland, for background fourteen residents in the Mayland area have complained that they are suffering a continuing nuisance caused by a number of peafowl being allowed to roam free onto their privately owned land.  The Council, as the local authority, has an obligation to investigate when it is in receipt of such complaints. Evidence obtained to date would suggest that these peafowl are having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality.

The one identified owner so far, who owns only some of the peafowl, has been served with a Warning Notice under the provisions of the Anti-social Crime and Policing Act 2014, requiring them to retain the birds within their own land.  Since serving the Warning Notice it has come to the Council’s attention that some of the peafowl may belong to other people, which has led to the siting of the Public Notices in the location.

In answer to the question raised, in respect of poor relationships between the residents within the village of Mayland, whilst the Council is very concerned to hear of this any friction between residents is a civil issue to which the Council are unable to become involved.  Any concerns may be better raised with the Parish Council, as a civil local authority, or with the owners of the peafowl themselves directly.

Whilst the Council can empathise with all parties concerned it has a statutory function to fulfil.

From Ms Judy Lea:

Questions:

“Maldon District Council decision on application 16/00862 from Essex County Council on nuclear waste imports to Bradwell from Sizewell and Dungeness

Even though Bradwell and some other power stations are now reaching the end of their life there is still no national long term safe repository for the radioactive waste they leave behind, despite many promises over recent decades.

There was a prudent stipulation on the original Bradwell planning approval to ensure that the waste stored there would only be that which had been produced there.  The recent application to receive radioactive waste from other stations breaches that principle, which is still one important to members of the public and some at least  ...  view the full minutes text for item 483.

The Chairman advised that he had attended a number of events which are detailed below and thanked the Vice-Chairman for attending events on his behalf.  

The Chairman advised that Staff Awards would be presented in December 2016 and Officers would shortly be in contact with Members regarding nominations.

The Chairman informed the Council that in February 2017 there would be a small presentation to winners of Business Awards.  It was noted that Economic Development would shortly be seeking nominations from Wards.

The Chairman outlined how he proposed to hold a reception for volunteers in the District.  At the reception an award would be presented to the volunteer of the year and also a lifetime award.  He asked Members to advise him of any nominations they may have of volunteers from their Wards.

There were none.

(i)              To consider the report of the Director of Resources (copy enclosed).

(ii)            Minutes of meetings of Committees
To note that since the last meeting of the Council, up until Wednesday 31 August (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6(2).

Minutes published:

Minutes NOT finalised for publication:

The Council considered the report of the Director of Resources presenting recommendations of Committees to the Council.  An addendum to this report was circulated at the meeting and detailed recommendations arising from the special Planning and Licensing Committee meeting on 1 September 2016.

Councillor D M Sismey declared a pecuniary interest as the Addendum referred to the Local Development Plan and left the meeting at this point.

It was requested that where reports provided hyperlinks to other documents / web pages that these also be shown in full to allow easy navigation.

RESOLVED

(i)                 that the Council agree the transfer of the power to approve temporary road closures and the making of orders under section 21 of the Town Police Clauses Act 1847 from this Committee to the Community Services Committee and to be exercisable by the Director of Customers and Community, be agreed;

(ii)               that Member Task and Finish Working Groups be set up to progress the work on the three elements of the Rural Allocations Development Plan Document, namely, Gypsy and Travellers, Rural Housing and Rural Employment;

(iii)             that a Member Task and Finish Working Group be set up to progress the work on the Heybridge and Maldon Central Area Masterplan;

(iv)             that the proposed terms of reference (APPENDIX 1 to these Minutes) for these and subsequent Task and Finish Working Groups to support the progression of work on policy matters with respect to the Local Development Plan, any Development Plan Document, any policy related matter including supplementary planning guidance and action plans and related local issues as identified by the Planning and Licensing Committee requiring an input on a geographical (ward) basis be agreed;

(v)               that the Council agrees that the Working Groups as set out in (ii) and (iii) above will report to the Planning and Licensing Committee.

Councillor Sismey returned to the Chamber at this point.

Members’ attention was drawn to the revised agenda that had been circulated.  The Council noted the list of Committees that had met since the last meeting of the Council, up until Wednesday 31 August.

A question was raised regarding the Community Services Committee on 30 August 2016 where it was agreed that the Finance and Corporate Services Committee be recommended that the Council should seek to identify potential monies to fund an investigation in a business case for a new hospital in Maldon.  The Chairman of the Committee confirmed the recommendation and he was awaiting confirmation that this matter would be considered at the next Finance and Corporate Services Committee meeting.

To consider the report of the Director of Customers and Community (copy enclosed).

The Council considered the report of the Director of Customers and Community seeking approval of the process for adoption and ongoing maintenance of a list of key corporate projects.  It was noted that the list of projects would be worked up ready for submission to maximise external funding opportunities.

The report provided detailed information regarding the proposed process and examples of a fact sheet and project summary that would be required for every project were attached as Appendices 1 and 2 to the report.

Members were asked to consider setting up a Member Task and Finish Working Group to enable increased flexibility in the Council’s ability to submit bids as funding opportunities arose.  The draft constitution and Terms of Reference for the Working Group were attached as Appendix 3 to the report.

The Council received a presentation from the Director of Customers and Community regarding corporate projects and this included information regarding:

·                  the large scale projects the Council was involved in which were designed to meet infrastructure needs, strengthen communities, create a vibrant and prosperous local economy and deliver a revenue stream to the Council.

·                  sources of funding for past projects and examples of such projects.

·                  the need to be able to react quickly to funding opportunities;

·                  creation of a basket of projects ready to be taken forward to bid which can be ‘topped up’ as opportunities arise.

It was noted that the TEN Performance Management System was being developed to enable Members to review all projects.

In response to a question regarding projects put forward by other Partners e.g. the Bradwell Legacy Partnership, the Director of Customers and Community advised that it would be feasible for such projects to be put back to the Working Group and then brought forward with a recommendation to the Council.

Councillor Miss M R Lewis proposed that the following amendments be made to the Working Group Constitution / Terms of Reference:

·                  That the quorum for meetings of the Corporate Projects Task and Finish Working Group shall be at least four Members.

·                  That if any Member finds themselves unable to attend on a regular basis the Working Group reserves the right to replace that Member.

In response to a number of questions, the following information was provided:

·                  Officers were aware of potential conflicts between projects, this Working Group and the recording of these on the TEN system was a way to knit them altogether.  There was no intention for the Working Group to re-examine what had already been approved by a Committee.

·                  If a project had, for example, come out of the Maldon and Heybridge Masterplan that would move forward and become part of the basket of projects.

The proposal in the name of Councillor Miss Lewis was duly seconded.

Councillor Miss Lewis further proposed that the Membership of the Working Group be formed from two Members of each programme Committee as follows and the Leader and Deputy Leader of the Council:

·                  Councillor I E Dobson (Finance and Corporate Services Committee)

·                  Councillor A S  ...  view the full minutes text for item 488.

To consider the report of the Director of Customers and Community (copy enclosed).

The Council considered the report of the Car Parking Task and Finish Working Group updating Members following the introduction of weekend and evening parking charges.  The report also sought authority to extend the agreed parking review period and introduce a temporary resident permit for the Wantz Road area.

Councillor Mrs P A Channer declared that in respect of recommendation (iii) Wantz Road fell within her division and she had done a lot of work and been involved with this area.

Appendix 1 to the report provided performance data for the first three months of operation following changes made to parking charges in April 2016.

Members’ were reminded that a review of the new arrangements was to be undertaken within six months, with full stakeholder involvement, reporting back to the Community Services Committee.  The Car Parking Task and Finish Working Group (the Working Group) had met on a number of occasions during the implementation and at its last meeting Stakeholders had discussed the difficulty of gathering evidence to show the impact, if any, of the new charges.  A letter from the Director of the Maldon and District Community Voluntary Service was attached as Appendix 2 to the report and requested that Members defer any decision on increasing parking charges as part of the 2017 / 18 budget process until the review reaches a conclusion.  This was supported by the Working Group.

It was noted that new charges for residents’ parking permits were introduced, at cost, for residents of the housing near to the car parks affected by evening or weekend charges.  The Council had recently been approached by residents from the Wantz Road area requesting a similar arrangement.  The Director of Customers and Community informed Members that a resident’s parking scheme was due to be introduced by the South Essex Parking Partnership in 2017.

In response to questions, the Director of Customers and Community advised that car parking machines were emptied on a regular basis and reference to the Town Centre Car Park income figures did not include those at the Promenade Park.

RESOLVED

(i)              that the Council notes the service performance of Maldon Town Centre Car Parks since the introduction of weekend and evening charging period,

(ii)            that the Council agrees to the extension of the 6 month review of the impact of the introduction of new charges on the community until January 2017,

(iii)         that a new temporary resident’s parking permit be made available to eligible residents living in Wantz Road, America Street and Wantz Chase on Saturdays and Sundays only until the South Essex Parking Partnership implement a resident’s parking scheme in the area. 

To consider the report of the Director of Resources (copy enclosed).

The Council considered the report of the Director of Resources seeking agreement of the Terms of Reference (Appendix 2 to the report) for a review of the Committee Structure.  Appendix 1 to the report was a copy of a presentation given by BDO LLP (the Council’s Internal Auditors) to Members at the last meeting of the Council.

Members were advised that the review would seek to ensure that the Council’s committee structure was fit for purpose and deliver the outcomes that would add value to the Council and residents of the District.

The Leader of the Council, when presenting the report, requested that particular reference was made to the Overview and Scrutiny Committee as part of this review. 

In response to a question regarding the interviewing of Members, the Internal Auditor advised that he would be meeting with Officers and seeking to engage with Members as much as possible.  It was noted that BDO had been involved in a number of Governance reviews and this particular review was jointly being carried out between them and the Centre of Public Scrutiny. 

RESOLVED that the Terms of Reference for the Committee Structure Review, be approved.

To consider the report of the Corporate Governance Working Group (copy enclosed).

The Council considered the report of the Director of Resources seeking permission for the Corporate Governance Working Group to lead the review regarding paperless working and report back to the Council in order the ensure that there was a firm commitment to move to paperless working after the six month transitional period.

Appendix 1 to the report set out the proposed Terms of Reference for the Corporate Governance Working Group (the Working Group).  The report provided an update on a number of other items for consideration by the Working Group and these included:

·                 Paperless working – The Council was asked to consider agreeing a number of ways to engage with Members in order to maximise the take up of the Modern.Gov (Committee Management) system.

·                 South Eastern Area Planning Committee – Working with the South Eastern Area Planning Committee to review current arrangements associated with the current location of meetings of this Committee and report back to the Council.

·                 Live Streaming of Committees – Members were requested to consider a feasibility analysis and business case in respect of live streaming, led by the Working Group with a business case being submitted to the Finance and Corporate Services Committee.

RESOLVED

(i)              that the Terms of Reference for the Corporate Governance Working Group be approved;

(ii)            that in order to maximise the use of the Modern.Gov system, hard copies of the agenda packs for all Committees will only be sent to Chairmen and Vice Chairmen of Committees from this point onwards, and that it will only be available to other Members upon request (by contacting Committee Services).  The Corporate Governance Working Group will receive a regular update on the number of paper copies issued to Members in order to encourage a greater take up of the Modern.Gov system.   

(iii)          that all Members proactively take up the use of the Modern.Gov system and seek one to one training from IT / Committee Services where required;

(iv)          that the Corporate Governance Working Group should report back to the Council after the six month transitional period on the move towards paperless working;

(v)            that the Corporate Governance Working Group will be working with Members of South Eastern Area Planning Committee to review the location of the Committee meetings and that a report will be submitted to a future Council meeting for consideration; and

(vi)          that the Corporate Governance Working Group will explore the feasibility of introducing live streaming of Committee meetings and report back to Council.

Councillor R P F Dewick asked the Leader of the Council if she was aware of today’s Maldon and Burnham Standard regarding an agenda item due to be considered by the South Eastern Area Planning Committee at its meeting on Monday.  In response the Leader advised that she was not as she had been in meetings all day.  Councillor Dewick then provided information regarding this article and asked the Leader if she would agree that Officers should be very careful in how they worded such things (referring to a report due to be considered by the South Eastern Area Planning Committee on the venue for its future meetings)?  The Leader provided some background information regarding the identification of this subject by the Corporate Governance Working Group.

Councillor Mrs P A Channer asked the Leader if she would agree that the Corporate Governance Working Group was a Working Group of the Council and therefore should be reporting back to this Council?  She referred to the Terms of Reference of the Working Group commenting that she could not recall the venue of the South Eastern Area Planning Committee being detailed on this and the Working Group should abide by its Terms of Reference and those matters agreed for it to consider by the Council.  The Leader pointed out that a report considered by the Council at this meeting had sought amendment of the Terms of Reference to allow the Working Group to work with the South Eastern Area Planning Committee.  At this time, the Chief Executive provided the Council with some further background information regarding this matter.

Councillor A S Fluker raised a point of order advising that this item of business related to questions to the Leader and was not an item for further discussion.

Councillor Rev. A E J Shimpton asked the Leader if the speed of technology change was such that the Transformation Board should be summoned.  The Leader advised of discussion she had had regarding this matter and concern had been raised regarding the speed of changes and the impact these would have particularly on older residents.  She noted the importance of ensuring that when looking at channel shift consideration be given to providing accessible services for such residents.  The Leader agreed that it would be useful at this time for the Transformation Board to meet and take stock, check the Council was getting results and providing accessible services to all residents.

Councillor Fluker made specific reference to an application from the Nuclear Decommissioning Agency (NDA) to be determined by Essex County Council (ECC) seeking agreement to bring nuclear waste to Bradwell Power Station by rail.  He asked the Leader if she would be prepared to meet with him (electronically) and support him writing to ECC as if they were going to rely on traffic management plans to control large lorry movements in the same way as for the Middlewick wind farm etc. these should make it clear that the routes should not go through Southminster but  ...  view the full minutes text for item 492.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following urgent item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Director of Resources (copy enclosed).

The Council considered the report of the Director of Resources informing Members of the outcome of the Insurance Tender exercise for a new contract to be put in place from 1 October 2016.

Members were reminded that the Finance and Corporate Services Committee had received an update on the tender in June 2016 and agreed that the tender award report be issued direct to the Council for consideration.

The report set out how the Council’s insurance tender had been broken into nine lots to ensure best value for money.  A tender exercise had been carried out by Arthur J Gallagher Insurance Brokers Limited, discussed with Officers and the contract award as recommended was set out in Appendix 1 to the report.

RESOLVED

(i)                 that the contents of the report be noted;

(ii)               that the insurance contracts be awarded with effect from 1 October 2016 to the insurers as set out in Appendix 1 of the report.