Agenda and minutes

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

Apologies for absence were received from Councillor M F L Durham, Mrs H E Elliott, P G L Elliott, M W Helm and Rev. A E J Shrimpton.

To confirm the Minutes of the meeting of the Council held on 8 September 2016 (copy enclosed).

RESOLVED

(i)        that the Minutes of the meeting of the Council held on 8 September 2016 be received.

Minute 492 – Questions to the Leader of the Council in Accordance with Procedure Rule 1 (3) (M)

Councillor H M Bass advised that line 4 of the first paragraph should read “Councillor Dewick then provided information …”.

RESOLVED

(ii)       that subject to the above amendment, the Minutes of the meeting of the Council held on 8 September 2016 be approved and confirmed.

To confirm the Minutes of the extraordinary meeting of the Council held on 22 September 2016 (copy enclosed).

RESOLVED that the Minutes of the Extraordinary meeting of the Council held on 22 September 2016 be approved and confirmed.

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 two questions from Councillor Wendy Stamp 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.

Councillor Wendy Stamp read out her questions.

Question 1

“Does the leader of the Council share the Chairman’s view as expressed at the last full council meeting on the 8th September that “Town Councillors are expendable”  And do you know to what extent this view is shared by your fellow Councillors?

I think many Town and Parish Councillors would like to know how much or how little their efforts are valued and by whom.  I also wish to remind everyone sitting in this chamber that being a Town and Parish Councillor is on an unpaid and on a voluntary basis. Volunteers contribute, a massive amount of unpaid work, time, energy and effort in many areas, enhancing the District’s unique high class rural countryside for residents and visitors.

I raised this question at our own town Council meeting but Mr Elliot wasn’t in attendance and sadly he isn’t here to answer again.

Given the dire warnings re dangers of fire and physical dangers, risks to Councillor's are not a suitable subject or excuse for poor taste jokes IF this is disguised as one.”

Response:

“I consider the remark by Councillor P G L Elliott was flippant and was not meant to be taken seriously or to cause offence.  Councillor Elliott has himself been a Town Councillor for many years and knows the value of a good Town or Parish Council to the residents that they represent, as do the majority of Members here.”

Question 2

“Why wasn’t The Chairman’s comment recorded in the minute 492 when Cllr Beale’s comment of “Council should be more careful about what is put in a report” was.  Both comments are in the public interest and should be open and transparently recorded as such.”?

Response:

“Minutes are essentially an official record of decisions, and where appropriate how those decisions are arrived at.  The Council’s Minutes are not verbatim and there is no basis for any associated content to be judged according to public interest.  Individual Members’ comments are not normally recorded unless they are associated with a particular formality or inform a decision.”

The Chairman of the meeting advised that both he and the Chairman of the Council had attended a number of events detailed below.

The Chairman welcomed Mr Kamal Mehta, Interim Director of Resources, to Maldon District Council.

The Chairman informed the Council that the Chairman of the Council and Chief Executive had attended the AGM of Homestart, Maldon on 13 October 2016.  Homestart provide support to families who are finding it difficult to cope by providing trained volunteers to visit families in their own homes.  They offer free, confidential, non-judgmental, practical and emotional support.  The Chairman of Homestart, Anna Tomlins, expressed her gratitude during her presentation at the AGM to the Council for the provision of space in the building from which they operate.

The Chairman reminded Members of the two Minute Silence to be held on Armistice Day, Friday 11 November 2016.  He invited Members to join either the Chairman of the Council at Hythe Quay, Maldon or himself at the War Memorial, Burnham-on-Crouch.  Members were reminded to attend at either venue by 10.50am.

The Chairman highlighted two events he had attended - the Chairman of ECC Civic Reception and High Sherriff Justice Service – both of which he had found enjoyable and informative.

There were none.

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

Please note: Where appropriate this report contains links to the relevant Committee agenda, reports and Minutes.

(ii)        Minutes of meetings of Committees

To note that since the last meeting of the Council, up until Wednesday 19 October (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

Minutes reported to the last meeting and now published:

Minutes published:

Minutes NOT finalised for publication:

* Please note that these Minutes contain recommendations previously dealt with by the Council at its last meeting.

** Please see item (i) above as these Minutes contain recommendations to the Council.

(a)         Report of the Director of Resources

The Council considered the report of the Director of Resources presenting recommendations of Committees to the Council.  An addendum and a further update to this report was circulated at the meeting and detailed recommendations arising from both the Planning and Licensing Committee meeting on 15 September 2016 and the Community Services Committee on 30 August 2016 and 11 October 2016.

Community Services Committee (30 August 2016):

Minute 426 – Terms of Reference and Scheme of Delegation Update

RESOLVED

(i)                 that the delegation of items 15 to 20 of part (c) of the Committee’s Scheme of Delegation be transferred to the Director of Planning and Regulatory Services together with a replication of item 12, and also the deletion of item 2 of part (d) as no longer required;

(ii)               that item 5 of part (a) of the Committee’s Terms of Reference – The Community Legal Service Partnership – be deleted as no longer required.

Minute 427 - Maldon Community Services and Community Hospital Project

It was noted that this recommendation linked to Planning and Licensing Committee Minute 526 (15 September 2016). 

RESOLVED

(iii)             That the preparation of a business case for the provision by the Council of a new community hospital to serve the local community of the Maldon District be considered

Planning and Licensing Committee (15 September 2016):

Minute 525 - Magnox Socio-Economic Scheme - New Bid for Grant Funding to Mitigate the Impact of Bradwell Power Station Moving Into Care and Maintenance:

RESOLVED

(iv)             that the projects outlined in the report are supported, in principle, with specific support being given to the following projects and excluding the Feasibility Study for the use of the Bradwell Reactor Cladding.

·                     Enterprise Centre and Growth Hub;

·                     Saltmarsh Hub;

·                     Circular Off-Road Cycle Path;

·                     Ferry Provision between Bradwell, Mersea Island, Wallasea, Burnham-on-Crouch and Tollesbury;

·                     Tourism Ambassadors;

·                     Maldon District Wine Region.

Minute 526 - Maldon Community Services and Community Hospital Project:

It was noted that this recommendation linked to Community Services Committee Minute 427 (30 August 2016). 

RESOLVED

(v)               that the preparation of a business case for the provision by the Council of a new community hospital to serve the local community of the Maldon District be considered.

Minute 531 – Review of Delegation Arrangements:

In response to a question about whether the revised scheme of delegation would only come in to force once training had been provided, the Chairman and Councillor Channer advised that this was not the intention.

In response to a question regarding the number of Parish Council’s using the incorrect pro-forma, Councillor Channer advised that she did not have this information but would find out.

The Chairman, in response to a question, advised that he would seek clarification from the Director of Planning and Regulatory Services as to when the Parish / Town Council handbooks would be issued and ask him to respond to Members.

RESOLVED

(vi)             that a revision be made to the ‘Parish Trigger’ procedure, item (b)(i)4  ...  view the full minutes text for item 660.

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

The Council considered the report of the Director of Resources seeking approval of a minor revision to the Council and Committee Procedure Rules to make provision for a deadline to give notice of substitutions to better provide for circumstances where a Committee meeting is to be held during the day.

Councillor Miss M R Lewis proposed that the recommendation as set out in the report be agreed, subject to an amendment to alter this from giving three to four hours’ notice.  Councillor A S Fluker proposed that the wording also be amended to refer to working hours’ notice.  These amendments were duly seconded and agreed.

RESOLVED that Council and Committee Procedure Rule 17(9) be revised to read as follows:

A Member of a Committee shall, if the Member wishes another Member of the political group to which the Member belongs to attend a meeting of that Committee in his place, give the Chief Executive and the Leader written notice not later than four working hours before the published start time of that meeting that the Member is unable to attend and that the substitute Member named in the notice will attend in his place.

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 to agree Member representation on the Coastal Community teams and arrangements for appointment to be reviewed and made in future.

The report provided background information regarding the appointment of representatives to the Blackwater Estuary and River Crouch Coastal Community Team by the Planning and Licensing Committee.  It was noted that when the Community Services Committee had previously considered the appointment of Member representation it had done so only in relation to the Blackwater Estuary Team.  The Council was therefore required to clarify the Member representation on the River Crouch Coastal Community Team.

RESOLVED

(i)        that the decision of the Community Services Committee on 18 April 2016 (Minute 1141(i) refers) is restated to relate to both the Maldon and Blackwater Estuary and River Crouch Coastal Community Teams;

(ii)       that the future review and making of appointments to the two Coastal Community Team Management Committees should rest with the Planning and Licensing Committee and the Community Services Committee at their first meetings each new Municipal Year.

To consider the report of the Chief Executive (copy enclosed).

The Council considered the report of the Director of Resources seeking Council endorsement for proposed arrangements to enable improved communication on cross-cutting issues and forward planning within the organisation.

The Leader of the Council advised Members that whilst the report only mentioned Committee Chairmen and Vice-Chairmen, it was intended to refer to the Chairmen of the Community Services Committee, Finance & Corporate Services Committee and Planning & Licensing Committee or their deputies.  Due to the nature of the proposed meetings, there was no need to have representation from Chairman of the Standards, Overview & Scrutiny and Audit Committees.  This was set out in an Addendum to the report.

Councillor R G Boyce MBE, CC asked how this differed from the now-defunct MOL apart from the increase in membership?  In response, the Leader of the Council advised that this proposal was to enable Members to meet and forward plan.  MOL had very specific functions not necessarily to do with forward planning.  As we are not a cabinet system, Members had felt that they were disenfranchised from the formulating of ideas when MOL was in existence.  This was to make sure that all three directorates “had their ducks in a row”.

It was noted that these meetings would not have any executive or delegated powers and therefore not take any decisions on behalf of the Council.

RESOLVED that periodic meetings between the Leader, Deputy Leader, Chairman (or Vice-Chairman in their absence) of the Community Services Committee, Finance & Corporate Services Committee and Planning & Licensing Committee, as set out in the report of the Director of Resources, be endorsed.

Councillor R G Boyce, asked if the Leader agreed that although the Council and its business was very serious, a bit of amusement and fun does help to relieve the seriousness without detracting from the business of the Council.  The Leader advised that she was in absolute agreement with this.

Councillor A S Fluker paid tribute to the hard work that Parish and Town Councillors do.  He congratulated those involved in the recent installation of Automatic Number Plate Readers in Latchingdon.  He asked if the Leader agreed it would make the Dengie safer.  The Leader responded that she did agree and hoped that residents would also be reassured that the Dengie was not being left behind in policing the District.

Councillor Mrs B F Acevedo asked the Leader to request that Members make nominations for the Maldon District Council Business Awards.  The Awards were good for both the Council and businesses and heightened profiles.  She reminded Members that nomination forms were in pigeon holes and that the Officer had agreed for an extended deadline for nominations.  The Leader responded that the form was lengthy and off-putting to complete.  Also, Members had not expected to be those making nominations and the Leader, whilst supporting the awards initiative, hoped that the Council could consider this feedback and learn from this for the next time.  It was noted that if Members required support with making nominations that Officers could assist with completion of the form.

Councillor S J Savage asked if the Leader would agree that it was time for the Transformation Board to meet.  The Leader replied that although she would like to see it meet as soon as possible, officers had recently had a great deal of meetings and she did not know when it would actually meet.

Councillor B S Beale asked if the Leader agreed that Members should be informed of all staff vacancies on a regular basis.  The Leader advised that as vacancies are an operational issue she could not speak on behalf of the Chief Executive, but would put this proposal to her so that Members could be informed prior to each Council meeting.

Councillor H M Bass advised Members that he had requested an updated version of the organisational chart from the Chief Executive.

There was none.

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 2 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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Chief Executive (copy enclosed).

The Leader advised that following discussions with several Members she proposed withdrawing the report of the Chief Executive pending further discussions.  This was duly seconded and agreed.

RESOLVED that the report of the Chief Executive reviewing the Senior Management Structure of Maldon District Council be withdrawn pending further discussion.