Agenda and minutes

Council - Thursday 24th February 2022 7.30 pm

Venue: Council Chamber, Maldon District Council Offices, Princes Road, Maldon. View directions

Contact: Committee Services  Email: committee.clerk@maldon.gov.uk

Media

Items
No. Item

517.

Chairman's notices

Minutes:

The Chairman welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

518.

Apologies for Absence

Minutes:

Apologies for absence had been received from Councillor V J Bell and R H Siddall.

519.

Minutes - 2 September 2021 pdf icon PDF 255 KB

Minutes:

RESOLVED

 

(i)               that the Minutes of the meeting of the Council held on 2 September 2021 be received.

 

Minute No. 239 – Statement of Community Involvement – Adoption

Councillor Mrs P A Channer referred to this item and how at this meeting she along with the Council had acknowledged the good work of an officer, Leonie Alpin, when this item was considered.  She asked that the Minutes be amended to include the Officers’ name.  This was duly agreed.

 

RESOLVED

 

(ii)              that subject to the above amendment the Minutes of the meeting of the Council held on 2 September 2021 be confirmed.

520.

Minutes - 4 November 2021 pdf icon PDF 226 KB

Minutes:

RESOLVED

 

(i)               that the Minutes of the meeting of the Council held on 4 November 2021 be received.

 

Minute No. 354 – Chairman’s Notices

In response to a query from Councillor C Morris as to why his Point of Order had not been recorded in the Minutes, the Chairman advised of the following amendment to the fifth paragraph of this Minute to address this matter:

 

Following interruptions byCouncillor C Morris then raised a Point of Order.  This was not taken by the Chairman and Councillor Morris kept repeating his Point of Order.  Councillor Morris kept interrupting and other Members raised their voices.  The Chairman advised Councillor Morris that his behaviour was unacceptable and had breached the Council’s Code of Conduct.”

 

Councillor Mrs P A Channer referred to the comments made by Councillor Morris and asked that his reference to ‘channer-itus’ be recorded in the Minutes.  The Chairman agreed to this.

 

At this point Councillor Morris provided further comment on the procedure when a Point of Order is raised.

 

The Chairman put the Minutes, as amended, to the Council and they were duly agreed by assent.

 

RESOLVED

 

(ii)              that subject to the above amendment the Minutes of the meeting of the Council held on 4 November 2021 be confirmed.

521.

Minutes - 16 December 2021 pdf icon PDF 137 KB

Minutes:

RESOLVED that the Minutes of the meeting of the Council held on 16 December 2021 be approved and confirmed.

522.

Minutes 18 January 2022 (Extraordinary) pdf icon PDF 158 KB

Minutes:

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 18 January 2022 be approved and confirmed.

523.

Declaration of Interest

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).

 

Local Government Finance Act 1992 – Section 106

Will any Members affected by Section 106 please note that any declarations to that effect should be made on the commencement of the meeting or immediately on arrival if this is later.  Under Section 106 a Member who has not paid an amount due in respect of their Council Tax for at least two months after it became payable is precluded from voting on any matters affecting the level of Council Tax or the arrangements for administering the Council Tax.  (The Member is, however, entitled to speak).

Minutes:

Councillor W Stamp declared a non-pecuniary interest as a Member of Essex County Council (ECC).

 

Councillor M F L Durham declared a non-pecuniary interest as a Member of ECC, advising that ECC were the main beneficiaries for Council Tax.

 

Councillor C Mayes declared a non-pecuniary interest in Agenda Item 9c – Discretionary Fees and Charges 2022 / 23 as she was the secretary for Maldon and Heybridge Heritage Harbour and the Brent Trust.

 

Councillor Mrs J L Fleming declared a non-pecuniary interest as a Member of ECC and any matter relating to them on the agenda.

 

Councillor A S Fluker advised that in relation to Agenda Item 13 – Updated Discretionary Non-Domestic Rate Relief Policy, given his involvement with Small Medium Enterprises (SMEs) in the District, how they worked and trained with regards to the Policy he would leave the chamber at the start of this item and not return.

 

Councillor M S Heard declared a non-pecuniary interest in Agenda Item 9c – Discretionary Fees and Charges 2022 / 23 as a Trustee of the Brent Steam Tug Trust.

 

Councillor C Morris advised he would not be voting on anything to do with Council Tax.  He made a brief statement at this point during which Councillor Mrs M E Thompson raised a Point of Order advising that declarations were for stating matters of fact.  Councillor Morris continued referring to the legality of Council Tax in relation to the Local Government and Finance Act 1992.

 

Councillor K M H Lagan declared a non-pecuniary interest in Agenda Item 9c – Discretionary Fees and Charges 2022 / 23 as a Member of the Maldon Heritage Harbour Association.

 

Councillor Miss S White declared in relation to Agenda Item 13 – Updated Discretionary Non-Domestic Rate Relief Policy she ran a small business and would listen to the debate but not vote on this item of business.

 

Councillor R P F Dewick declared that as a recipient of Non-Domestic Rates he had a pecuniary interest and would leave the room for Agenda Item 13 – Updated Discretionary Non-Domestic Rate Relief Policy.

 

Following the declarations Councillor Stamp raised a question regarding council tax arrears and during the discussion that followed Councillor Stamp asked that the Minutes note that Councillor Morris had made an allegation at this point.

524.

Public Questions

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon two clear working days before the day of the Council meeting).

 

Should you wish to submit a question please complete the online form at www.maldon.gov.uk/publicparticipation.

Minutes:

There were none.

525.

Chairman's Announcements

Minutes:

The Chairman highlighted the work undertaken by the Council in light of the recent storms Eunice and Franklin.  He outlined some of the work done by Council staff during this period, including the assistance provided to residents.  The Chairman thanked all involved in the response for their work over this period, coming together as one team, at short notice.  These thanks were echoed by Members.

 

At this point Councillor C Morris referred to a homeless person who had approached the Council for assistance prior to the storms and the response given which he felt was inadequate.

 

Councillor E L Stephens referred back to the previous item of business, Public Questions and commented that there was a member of the public in attendance who had indicated he had a question.  The Chairman sought clarification and it was confirmed that the Council had not received any notification from persons wanting to speak at this meeting.  However, the Chairman advised that he would hear the question.  The member of the public, Mr Bert Cottle, then addressed the Council and asked in respect of the budget why there was a need for a Non-Disclosure Agreement to be issued to people that work for the Council and whether the cost came out of the Council Tax budget.  In response, the Chairman advised that this question would be passed to the Monitoring Officer who would respond outside of the meeting.

526.

Performance, Governance and Audit Committee - 18 November 2021 pdf icon PDF 274 KB

·                  Minute No. 388 – Decision to Opt into the National Scheme for Audit Appointments

Minutes:

RESOLVED

 

(i)               That the Minutes of the Performance, Governance and Audit Committee held on 18 November 2021 be received.

 

The Council considered the following recommendation set out in the Minutes.

 

Minute No. 388 – Decision to Opt into the National Scheme for Audit Appointments

 

RESOLVED

 

(ii)              that the public sector audit appointments’ invitation to opt into the sector-led option for the appointment of external auditors to principal local government and police bodies for five financial years from 1 April 2023 be accepted.

 

RESOLVED

 

(iii)            That the Minutes of the Performance, Governance and Audit Committee held on 18 November 2021 be agreed.

527.

Strategy and Resources Committee - 6 January 2022 pdf icon PDF 2 MB

·                 Minute No. 426 – Pay Policy Statement 2022 / 23

 

·                 Minute No. 428 – Discretionary Fees and Charges 2022 / 23

Minutes:

RESOLVED

 

(i)               That the Minutes of the Strategy and Resources Committee held on 6 January 2022 be received.

 

The Council considered the following recommendation set out in the Minutes.

 

Minute No. 426 – Pay Policy Statement 2022 / 23

 

RESOLVED

 

(ii)              that the Pay Policy Statement attached at Appendix 1 to the Minutes of the Strategy and Resources Committee, be adopted for 2022.

 

RESOLVED

 

(iii)            That the Minutes of the Strategy and Resources Committee held on 6 January 2022 be agreed.

528.

Performance, Governance and Audit Committee - 13 January 2022 pdf icon PDF 142 KB

Minutes:

RESOLVED that the Minutes of the Performance, Governance and Audit Committee held on 13 January 2022 be agreed.

529.

Strategy and Resources Committee - 3 February 2022

Review of Memorials in Cemeteries, Parks and Open Spaces Policy

 

Recommended:

 

(i)         That the sale of benches as an individual item available for purchase, which are then installed in our Parks and Open spaces, cease;

 

(ii)        That a new scheme be introduced where customers can lease a plaque on a bench for ten-year periods;

 

(iii)       That the updated Memorials in Cemeteries, Parks and Open Spaces Policy (attached as APPENDIX 1) be agreed and implemented no later than 1 April 2022;

 

(iv)       That the new scheme be introduced with effect from 1 April 2022 and will not be applied retrospectively.

 

Lease Agreement.

 

Recommended:

 

(i)               That the Director of Service Delivery seek legal clarification in relation to Clauses 16 and 19 of the lease;

 

(ii)              That subject to (i) above the Council agrees a new lease for 30 years for the organisation outlined in the report;

 

(iii)            That in consultation with the Chairman of the Strategy and Resources Committee, the Director of Service Delivery be given authority to agree the annual rent figure in line with a current market valuation with annual Retail Price Index (RPI) adjustment.

 

 

Please note that the following recommendations coming forward from this Committee are not for consideration at this point as they form part of Agenda Item 9 - 2022 / 23 Budget and Medium-Term Financial Strategy, due to be considered at this meeting:

 

·                 Capital and Investment Strategies for 2022 / 23 and Minimum Reserve Statement 2022 / 23;

 

·                 Discretionary Fees and Charges;

 

·                 Medium-Term Financial Strategy 2022 / 23 – 2024 / 25;

 

·                 Revised 2021 / 22 Estimates, Original 2022 / 23 Budget Estimates and Council Tax 2022 / 23;

 

·                 Treasury Management 2022 / 23.

Minutes:

Councillor C Swain, Vice-Chairman of the Strategy and Resources Committee presented a number of recommendations coming forward from the last meeting of the Strategy and Resources Committee.  He advised Members that a number of the recommendations were not for consideration at this point as they formed part of Agenda Item 9 – 2023 / 23 Budget and Medium-Term financial Strategy.

 

The Council considered the following recommendations as set out on the agenda.

 

Review of Memorials in Cemeteries, Parks and Open Spaces Policy

Councillor Swain moved the recommendations, these were duly seconded and agreed.

 

Councillor K M H Lagan asked that this dissent in respect of this item be recorded for the reasons as advised to the Strategy and Resources Committee.  This was noted.

 

RESOLVED

 

(i)               That the sale of benches as an individual item available for purchase, which are then installed in our Parks and Open spaces, cease;

 

(ii)              That a new scheme be introduced where customers can lease a plaque on a bench for ten-year periods;

 

(iii)            That the updated Memorials in Cemeteries, Parks and Open Spaces Policy (attached as Appendix 1 to the Minutes of the Strategy and Resources Committee) be agreed and implemented no later than 1 April 2022;

 

(iv)            That the new scheme be introduced with effect from 1 April 2022 and will not be applied retrospectively.

 

Lease Agreement

Councillor Swain moved the recommendations, these were duly seconded and agreed.

 

RESOLVED

 

(i)               That the Director of Service Delivery seek legal clarification in relation to Clauses 16 and 19 of the lease;

 

(ii)             That subject to (i) above the Council agrees a new lease for 30 years for the organisation outlined in the report;

 

(iii)            That in consultation with the Chairman of the Strategy and Resources Committee, the Director of Service Delivery be given authority to agree the annual rent figure in line with a current market valuation with annual Retail Price Index (RPI) adjustment.

530.

Joint Standards Committee - 8 February 2022 pdf icon PDF 241 KB

Adoption of New Code of Conduct for Members

 

Recommended:

 

That the Council adopt the Model Code of Conduct attached as APPENDIX 1, (version of May 2021) together with the amendment resolved at the Joint Standards Committee on 8 February 2022 to include ‘or well-being’ in Appendix B, paragraph 9 (a) of the code and that the code take effect by 1 November 2022 unless brought into effect prior by the Monitoring Officer depending on when Essex County Council bring into effect the New Code of Conduct.

Minutes:

Councillor M G Bassenger, Chairman of the Joint Standards Committee presented the following recommendation coming forward from the last meeting of the Joint Standards Committee and set out on the Council agenda. 

 

Adoption of New Code of Conduct for Members

Councillor Bassenger moved the recommendation, this were duly seconded and agreed.  Councillor C Morris asked that his dissent in respect of this be noted.

 

RESOLVED that the Model Code of Conduct attached as Appendix 1 to the Council agenda, (version of May 2021) together with the amendment resolved at the Joint Standards Committee on 8 February 2022 to include ‘or well-being’ in Appendix B, paragraph 9 (a) of the code be adopted and that the code take effect by 1 November 2022 unless brought into effect prior by the Monitoring Officer depending on when Essex County Council bring into effect the New Code of Conduct.

531.

Minutes of Meetings of the Council

To note that since the last Council, up until Wednesday 16 February 2022 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

 

Central Area Planning Committee

15 December 2021

South Eastern Area Planning Committee

12 January 2022

District Planning Committee

19 January 2022

Overview and Scrutiny Committee

20 January 2022

Central Area Planning Committee

27 January 2022

North Western Area Planning Committee

2 February 2022

 

 

Minutes:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 16 February 2022 for which Minutes had been published.

532.

2022 /23 Budget and Medium-Term Financial Strategy

To receive a Budget Statement from the Leader of the Council, to consider the following reports of the Section 151 Officer (copies enclosed) and to determine the level of Council Tax.

 

Members’ attention is drawn to the following Procedure Rules:

 

·                  Voting – Procedure Rule 13(5) set outs the requirement for any vote taken at a budget decision meeting (as defined by the Local Government Finance Act 1992) to be recorded in the Minutes.

 

·                  Budget Speech – Procedure Rule 1(13)(a) sets out the time limits in relation to the budget speech and (b) details the requirements for making alternative proposal or amendment as part of the Budget and Council Tax setting.

Minutes:

The Council considered the reports of the Section 151 Officer, on the recommendations of the Strategy and Resources Committee at its meeting on 6 January 2022 relating to the revenue budget and the proposed level of Council for 2022 / 23.

 

The Leader of the Council made a budget speech (attached at APPENDIX 1 to these Minutes), thanking the Director of Resources and his team for their hard work and commended the budget for 2022 / 23 to the Council. 

 

In response to the budget speech, the Deputy Leader of the Opposition, Councillor Mrs J L Stilts, thanked the Leader of the Council and also acknowledged the hard work put into the budget for this and subsequent years in light of the current covid issues. 

 

The Chairman of the Council proposed that the recommendations as set out in reports 9a to 9f be taken en-bloc.  This was duly seconded.

 

The Director of Resources provided a brief summary of the reports highlighting the:

 

·                  Member engagement that had taken place;

 

·                  Medium Term Financial Strategy (MTFS) and forecast budget changes over the next three years;

 

·                  financial impact of Covid;

 

·                  use of General Funds.

 

Councillor A S Fluker advised that he wished to make an additional proposal in accordance with Procedure Rule 1(13)(b).  He referred to the significant draw down on reserves necessary over the forthcoming year which he felt was unsustainable and highlighted the comments of the Section 151 Officer who cautioned that unless the Council acted sooner its reserves would run out.  Councillor Fluker then provided further explanation in respect of this.  Referring to the work of the Finance Member Working Group (the Working Group) and given the Council’s fiscal position he felt the membership of the Working Group should be expanded to include Members that did not sit on the Strategy and Resources Committee.  Councillor Fluker advised that he had consulted with the Section 151 Officer and proposed that with immediate effect a full budget review be carried out by a cross chamber, cross Committee Working Group and that this Group report back to the Council with its recommendations in the spring.  This proposal was duly seconded.

 

The Leader of the Council reminded Members of the Finance Working Group and suggested like the Planning Policy Working Group that this be opened up to Members from outside of the Working Group membership.  She advised that Officers had been requested to ensure that all Members were briefed on such matters, with the next briefing being on commercial projects which she encouraged all Members to attend.

 

A lengthy discussion ensued during which further comments were made.  It was suggested that the Finance Working Group and the Strategy and Resource Committee be asked to consider inviting Members from outside of the Committee.  It was noted that the Terms of Reference for this Working Group sat with the Strategy and Resources Committee.  Following further debate the Leader confirmed that other Members could be invited to the Finance Working Group to broaden its membership.  Councillor Fluker  ...  view the full minutes text for item 532.

532a

Capital and Investment Strategies for 2021 / 22 and Minimum Reserve Strategy 2022 / 23 pdf icon PDF 114 KB

Additional documents:

Minutes:

RESOLVED

 

(i)               That the Capital and Investment Strategies for 2021 / 22 and Minimum Reserve Strategy 2022 / 23 report and following appendices be approved for 2022 / 23:

 

·             the Capital Strategy (Appendix 1 to the report);

 

·             the Capital Project Bids (Appendix 2);

 

·             Investment Strategy (Appendix 3), and

 

·             Minimum Revenue Provision Statement (Appendix 4).

532b

Treasury Management Strategy 2022 / 23 pdf icon PDF 141 KB

Additional documents:

Minutes:

RESOLVED

 

(ii)              That the Treasury Management Strategy 2022 / 23 be approved, along with the following amendments:

a)               The counterparty limit for Operational Banking be increased from £2m to £3m to allow for larger value transactions to be managed within the counterparty limit, as per Table 3 at Appendix 1 to the report.

b)               The sector limit for Money Market Funds be increased from £12m to £20m to allow for larger investment within this safe and flexible sector without exceeding the sector limit, as per Tables 3 and 4 at Appendix 1 to the report.

 

(iii)            That the Treasury Management Policy (TMP 5) amendment be noted as being brought into line with the Treasury Management Strategy as per TMP 5 at Appendix 2 to the report.

532c

Discretionary Fees and Charges 2022 / 23 pdf icon PDF 224 KB

Additional documents:

Minutes:

RESOLVED

 

(iv)            That the detailed Fees and Charges for 2022 / 23 as set out in Appendix A to the reportbe agreed.

532d

Medium-Term Financial Strategy 2022 / 23 to 2024 / 25 pdf icon PDF 456 KB

Additional documents:

Minutes:

RESOLVED

 

(v)             That the Medium-Term Financial Strategy for 2022 / 23 to 2024 / 25 (as at 24 February 2022) at Appendix 1 to the reportbe approved.

532e

Revised 2021 / 22 and Original 2022 / 23 Budget Estimates and Council Tax 2022 / 23 pdf icon PDF 332 KB

Additional documents:

Minutes:

RESOLVED

 

(vi)            that the following be approved:

 

(a)             the Revised 2021 / 22 and Original 2022/23 General Fund Revenue Budget Estimates (Appendices 1, 2 and 3 to the report),

 

(b)             an average Band D council tax of £212.40 (excluding parish precepts) (£5 increase) for 2021 / 22 (Appendix 1 to the report),

 

(c)             policies on the designated use of financial reserves (Appendix 4 to the report),

 

(d)             maintain the current policy of a minimum general fund balance of £2,600,000.

 

(vii)          that the Council gives due regard to the Director of Resources’ (Section 151 Officer) statement on the robustness of budgets and adequacy of reserves in Appendix 5.

532f

Council Tax 2022 / 23 pdf icon PDF 244 KB

Additional documents:

Minutes:

RESOLVED

 

(viii)         that Maldon District Council’s Council Tax Requirement for 2022 / 23 is set at £5,421,362;

 

(ix)            that the Maldon District Council’s Band D Council Tax (excluding Parish precepts) is set at £212.40, reflecting an increase of £5.00, all other bands being determined in accordance with the relevant Sections of the Local Government Finance Act 1992, as amended;

 

(x)             that the precept demands and level of Band D Council Tax of the Essex County Council, the Essex Police, Fire and Crime Commissioner Fire and Rescue Authority for both Police and Fire, and the various Parish Councils within the District be determined as set out in the report, all other bands being determined in accordance with the relevant Sections of the Local Government Finance Act 1992, as amended;

 

(x)        That it be noted that at its meeting on 18 January 2022 the Council calculated its Council Tax Base for the year 2022 / 23:

 

(a)    for the whole district as 25,524.3 Item T in the formula in Section 31B of the Local Government Finance Act 1992 (the Act), as amended by the Localism Act 2011; and

 

(b)     for dwellings in those parts of its district to which a Parish precept relates as listed below:

Althorne

        511.5

Asheldham

          64.3

Bradwell-on-Sea

        340.7

Burnham-on-Crouch

      3,465.4

Cold Norton

        504.3

Dengie

          49.1

Goldhanger

        313.9

Great Braxted

        175.2

Great Totham

      1,276.5

Hazeleigh

          60.6

Heybridge

      2,813.3

Heybridge Basin

        272.0

Langford

          90.8

Latchingdon

        470.1

Little Braxted

          82.2

Little Totham

        196.1

Maldon

      5,541.6

Mayland

      1,493.9

Mundon

        149.0

North Fambridge

        435.5

Purleigh

        578.3

Southminster

      1,618.8

St. Lawrence

        591.7

Steeple

        189.8

Stow Maries

          86.2

Tillingham

        395.7

Tollesbury

        998.9

Tolleshunt D'arcy

        450.7

Tolleshunt Knights

        421.8

Tolleshunt Major

        276.1

Ulting

          74.2

Wickham Bishops

      1,004.4

Woodham Mortimer

        259.6

Woodham Walter

        271.9

 

    25,524.3

 

(xi)            Calculate that the Council Tax Requirement for the Council’s own purposes for 2022/23 (excluding Parish precepts) is £5,421,362.

 

(xii)          That the following amounts be calculated by the Council for the year 2022 / 23 in accordance with new Sections 31 to 36 of the Act as amended:

 

(a)       £28,809,602        being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act, taking into account all precepts issued to it by Parish Councils (i.e. gross expenditure including Parish precepts)

 

(b)       £21,064,827        being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act (i.e. gross income including government grants)

 

(c)        £7,024,775          being the amount by which the aggregate at xii(a) above exceeds the aggregate at xii(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its Council Tax Requirement for the year (Item R in the formula in Section 31B of the Act) (i.e. Council Tax Requirement including Parish precepts).

 

(d)       £275.22               being the amount at xii(c) above (Item R) divided by the amount at 1(a) above (Item T), calculated by the Council, in accordance with Section 31B of the  ...  view the full minutes text for item 532f

533.

Notice of Motion

In accordance with notice duly given under Procedure Rule 4, Councillor C Morris to move the following motion, duly seconded by Councillor M G Bassenger.

 

Motion:

“That MDC resolves to write an open letter to MP John Whittingdale asking him to raise the lack of GP access (by possible parliamentary question, if necessary) in our District and enquire about emergency funding for Maldon District and any other areas with high doctor to patient ratios, to assist the residents and the emergency departments of our hospitals which are also under strain in these medically deprived areas.”

Minutes:

In accordance with Procedure Rule 4, the Chairman advised that a motion proposed by Councillor C Morris and seconded by Councillor M G Bassenger had been received.

 

Councillor Morris read out his motion and proposed that the following amendments be agreed along to his the motion.  This proposal and the amendments were duly seconded by Councillor Bassenger.

 

“That MDC resolves to write an open letter to MP John Whittingdaleand Priti Patel asking him them to raise the lack of GP access (by possible parliamentary question, if necessary) in our District and enquire about emergency funding for Maldon District and any other areas with high patient to doctor to patientratios, to assist the residents and the emergency departments of our hospitals which are also under strain in these medically deprived areas.”

 

During the debate that followed the Leader of the Council and other Members outlined the work by the Council that had both taken place and was continuing in conjunction with Members of Parliament, the NHS and the Clinical Commissioning Group (CCG) in relation to this matter.  It was noted that Mr Whittingdale had in December 2021 raised a question regarding this matter in Parliament.

 

The Leader of the Council proposed an amendment to the motion, that the suggested letter be updated to acknowledge the work that had been done and what had been found out so far but also seek the current state of play and an update on the situation.  She suggested that an update be sought from both MPs as well as through the MP Liaison meeting.  This proposal was duly seconded.

 

Councillor Morris responded to the proposed amendment from the Leader raising concern regarding requesting an update.  He felt a solid, clear and concise question should be asked of both MPs and to agree the proposed amendment in the name of the Leader would dilute his motion.

 

In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote. 

 

Further debate ensued with comments being made in relation to the difficulty in accessing GPs including appointments and recent changes to healthcare provision.  Some Members also provided updates following meetings they had attended with the CCG who were discussing similar concerns to those raised.

 

The Chairman moved the amendment to the original motion as proposed by Councillor Morris.  This was duly agreed by assent.

 

The Chairman then put the proposal in the name of the Leader that the proposed letter be updated to acknowledge the work done, what has been found out so far on the current situation highlighting the need for access to GPs and that responses be reported back.  The Leader suggested that these issues could also be taken up through the Leader / MP Liaison meetings.  This was duly agreed by assent and the Chairman reported that this now became the substantive motion which following a further vote was agreed by assent.

 

RESOLVEDthat the Council writes an open letter to Members of Parliament, John Whittingdale and Priti Patel in  ...  view the full minutes text for item 533.

534.

Questions in accordance with Procedure Rule 6(3) of which notice has been given

Minutes:

There were none.

535.

Council Tax Support Scheme 2022 / 23 pdf icon PDF 120 KB

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

Additional documents:

Minutes:

The Council the report of the Director of Resources seeking Members’ consideration of the Local Council Tax Support Scheme (LCTS) and associated policies for 2022 / 23.

 

It was noted that the Scheme was significantly unchanged to support the delivery of a largely cost neutral LCTS within the proposed budget for 2022 / 23.  Provision had been made to enable changes during the year and an Equality Impact Assessment had been carried out and was attached at Appendix 1 to the report.

 

The report suggested that the Council continued to offer the Exceptional Hardship Fund for 2022 / 23 and an updated framework to reflect universal credit arrangements was attached at Appendix 2.

 

The Leader of the Council moved the recommendations as set out in the report, these were duly seconded and agreed by assent. 

 

RESOLVED

 

(i)               That the following changes to the existing schemes are approved:

 

a.      a cost of living increase in line with the Department for Work and Pensions schemes be included in the Local Council Tax Support Scheme for 2022/23 for Pensioners only;

 

b.       that any legislative changes being introduced to the Housing Benefit Scheme, for 2022 / 23 are mirrored in the Councils LCTS scheme to ensure consistency;

 

c.       minor technical amendments to ensure that we are able to administer the scheme reflecting current local and national guidance;

 

(ii)              this decision has been made following Members careful reading of and regard to the Equality Impact Assessment at Appendix 1 to the report;

 

(iii)            That the updated Exceptional Hardship Fund for Council Tax Support Framework (Appendix 2 to the report) be endorsed.

 

 

Councillor M F L Durham advised that he was an election agent for the local election taking place today and had to attend the count.  He left the meeting at this point and did not return.

 

Following their earlier declarations of interest Councillors R P F Dewick, A S Fluker and M W Helm left the meeting at this point and did not return.

 

Councillor Miss S White revised her earlier declaration of interest, advising that she would be leaving the chamber for the next item of business as her interest was pecuniary.

536.

Updated Discretionary Non-Domestic Rate Relief Policy pdf icon PDF 126 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Resources seeking approval of the updated Discretionary Non-Domestic Rate Relief Scheme attached at Appendix 1 to the report.  It was noted that this updated and replaced existing policy to reflect changes announced by Central Government to support businesses.  Central Government would be funding the new relief.

 

The Leader of the Council moved the recommendation set out in the report.  This was duly seconded and agreed by assent.

 

RESOLVED that the proposed Discretionary Non-Domestic Relief Scheme (attached at Appendix 1 to the report) be approved.

 

 

Councillor Miss S White returned to the chamber at this point.

537.

Taxi and Private Hire Policy and Licensing Conditions pdf icon PDF 145 KB

To consider the report of the Director of Service Delivery (copy enclosed).

Additional documents:

Minutes:

The Council considered the report of the Director of Service Delivery providing feedback following consultation with the taxi trade and other stakeholders on the proposed Taxi and Private Hire Policy (the Policy) (attached as Appendix 4 to the report) and licensing conditions.  The policy was based on statutory guidance issued by the Department of Transport in 2020 and its main purpose was to ensure safeguarding measures to better protect children and vulnerable adults. 

 

Responses to the consultation were set out in Appendix 1 to the report.  Based on the feedback received a number of amendments to the licensing conditions were proposed and set out in Appendices 2 and 3 to the report.

 

The Leader of the Council put the recommendations as set out in the report.  These were duly seconded and agreed by assent.

 

RESOLVED

 

(i)               that the amendments to the licensing conditions (set out in Appendices 2 and 3 to the report) be approved;

 

(ii)              that the Taxi and Private Hire Policy (Appendix 4 to the report) be approved.

538.

Committee Meetings and Future Options pdf icon PDF 205 KB

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance seeking Members’ consideration of ongoing arrangements for Committee meetings in light of changes to government restrictions.

 

The report set out the measure agreed by the Council at its meeting on 2 September 2021 and the current legislation / guidance in respect of them.  In light of the changing restrictions the Risk Assessment had been updated and was attached at Appendix A to the report.  Further changes agreed by the Corporate Leadership Team in January 2022 were set out in the report.

 

Details of the current arrangements to stream meetings via YouTube were set out in the report and Members were asked to consider this and whether they wished to continue the You Tube Stream.

 

The Leader of the Council put the recommendations as set out in the report to the Council.  These were duly seconded.

 

Councillor K M H Lagan referred to the Government legal consent ending and enabling as many public to physically attend meetings as possible.  He then proposed that Members and Officers are at liberty to take whatever measures they feel fit to protect their own health and safety and the Chamber should accommodate as many members of the public to observe / participate as reasonably practicable and working within guidance and regulations.  This proposal was duly seconded and agreed.

 

During the discussion that followed support was given for the continuation of YouTube live streaming, although an upgrade to the sound quality was requested.  It was also requested that face masks be made available for Officers attending meetings.  At this point and in response to a question the Director of Strategy, Performance and Governance clarified that the proposal from Councillor Lagan removed all current measures.  The Chairman further clarified that subject to the availability of masks for officers Members were agreeing the recommendations set out in the report. 

 

RESOLVED that Members and Officers are at liberty to take whatever measures they feel fit to protect their own health and safety and the Chamber should accommodate as many members of the public to observe / participate as reasonably practicable and working within guidance and regulations, including:

 

·                  noting the updated risk assessment for physical meetings set out at Appendix A to the report;

 

·                  extending the emergency decision for physical public meeting attendance, subject to capacity numbers as outlined in Appendix A to the report;

 

·                  continuing YouTube live streaming of meetings past the removal of Covid restrictions in light of the information set out at section 3.8 of the report;

 

·                  for non-regulatory matters those members unable to physically attend be allowed to join meetings remotely to ask questions / engage in debate, subject to Chairman approval, (noting that they would not be able to vote).

539.

Update on Social Enterprise Accelerator Fund and Member Representation pdf icon PDF 179 KB

To consider the report of the Director of Service Delivery (copy enclosed).

Minutes:

The Council considered the report of the Director of Service Delivery updating Members on the Additional Restriction Grant (ARG) funded to the Social Enterprise Accelerator Fund and seeking appointment of a Member representative to an Internal Awarding Panel.

 

The report provided background information following approval of the defrayal approach for the remaining Additional Restriction Grant (ARG) and the work the Council was undertaking in partnership with Social Enterprise East of England (SEEE) to deliver a Social Enterprise Accelerator Fund.  £250,000 had been allocated to the project for grants up to £50,000 and the report outlined the grant application process developed and the proposal for an Internal Award Panel to review applications.

 

The Leader of the Council moved the recommendations set out in the report and proposed that in addition to those Members detailed in the report Councillor W Stamp be appointed to Internal Award Panel as a representative for Burnham-on-Crouch.  This was duly seconded and agreed.

 

RESOLVED

 

(i)               That the creation of an Internal Award Panel for the Social Enterprise Accelerator Fund be approved;

 

(ii)              That following Members be appointed to the Internal Award Panel for the Social Accelerator Fund for the remainder of the Municipal Year.

 

·                 Councillor Mrs P A Channer, Leader of the Council;

 

·                 Councillor R H Siddall, Chairman of the Strategy and Resources Committee;

 

·                 Councillor C Mayes, Liaison with the Maldon Business Forum;

 

·                 Councillor W Stamp, Burnham-on-Crouch representative.

540.

Business by reason of special circumstances considered by the Chairman to be urgent

Minutes:

There was none.

541.

Exclusion of the Public and Press

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.

Minutes:

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 3 of Part 1of Schedule 12A to the Act, and that this satisfies the public interest test.

 

Councillor N J Skeens left the meeting at this point and did not return.

542.

Leisure Contract Update

To consider the report of the Leisure Contract Member Task and Finish Working Group, (copy enclosed).

Minutes:

The Council considered the report of the Leisure Contract Task and Finish Working Group (the Working Group) advising Members of the on-going work from the Working Group in relation to the current position with the Leisure Services.  The report also sought Members’ approval for the Working Group to continue to meet to review the forecasted financial parameters. 

 

The report set out the work undertaken by the Working Group since its last report to the Council.  This included a summary of the current position as well as the historical financial impact on Maldon District Council Leisure Centres as a result of the pandemic.

 

A proposed variation to the contract and management fee for 2022 / 23 had been reviewed by the Working Group.  The report set out the details of a counter proposal submitted, acknowledged and accepted in principle, subject to a formal Council decision. 

 

The Leader of the Council presented the report and moved the recommendations as set out in in report.  This was duly seconded.

 

Members expressed thanks to Mr Butcher, Commercial Manager, his team and the Working Group for the work that had been done.

 

The Chairman put the proposal in the name of the Leader which was duly agreed.

 

RESOLVED

 

(i)               That the Council agrees a variation to the Places Leisure contract for financial year 2022 / 23.  Within this agreement Places Leisure will undertake responsibility for staffing and day to day management of the splash park for the 2022 season;

 

(ii)             That the Leisure Contract Working Group continues to meet on a regular basis to consider options for the future management of Leisure Centres. 

Appendix 1 pdf icon PDF 655 KB