Agenda and minutes

The Chairman welcome everyone to the Council meeting and went through some general housekeeping arrangements, including the need to wear masks (unless exempt), remaining seated, using hand gel and waiting for the microphone before speaking.

Apologies for absence were received from Councillors R G Boyce MBE, R P F Dewick, Mrs J L Fleming, A S Fluker, M S Heard, M W Helm and N J Skeens.

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 S P Nunn declared a non-pecuniary interest as he sat on the Stow Maries Consultative Committee on behalf of the Council.

Councillor W Stamp declared a non-pecuniary interest as a Member of Essex County Council where were consultees on a number of items on the agenda, but she did not have a pecuniary or non-pecuniary interest in matters before the Council at this meeting.

Councillor M F L Durham declared a non-pecuniary interest as a Member of Essex County Council.

At this point, Councillor C Morris raised a query regarding the sound at the meeting and this was addressed by the Chairman.

Councillor E L Stephens declared a non-pecuniary interest in Agenda Item 16 Outstanding Loan - Financial Arrangements and advised that she would not vote on this item of business.

Councillor K M H Lagan declared a non-pecuniary interest in any items of business relating to Stow Maries Aerodrome.

Councillor K W Jarvis declared a non-pecuniary interest in Agenda Item 11 Making of the Wickham Bishops Neighbourhood Plan as he was a Wickham Bishops Parish Councillor.

Councillors C Mayes declared a non-pecuniary interest in Agenda Item 17 Leisure Contract Update.

To confirm the Minutes of the Statutory Annual Council meeting held on 20 May 2021 (copy enclosed).

RESOLVED

(i)              that the Minutes of the Statutory Annual Council meeting held on 20 May 2021 be received.

Minute 16 – Leaders and Composition of Political Groups

It was noted that reference to R G F Shaughnessy should be N G F Shaughnessy.

Minute 21 – Appointment of Representatives to Local Government and Outside Bodies

It was noted that on Appendix 1 (related to this item of business) contained a typographical error and reference to Councillor C Swan in respect of the Plume Educational Trust should be Councillor C Swain.

RESOLVED

(ii)            that subject to the above amendments, the Minutes of the Statutory Annual Council meeting held on 20 May 2021 be agreed.

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.

There were none.

The Chairman referred to attending a recent service of evensong at Chelmsford Cathedral.

RESOLVED that the Minutes of the Performance, Governance and Audit Committee held on 10 June 2021 be agreed.

·                 Minute No. 102 – Information Communication Technology Strategy 2021 - 2026

RESOLVED

(i)              That the Minutes of the Strategy and Resources Committee held on 15 June 2021 be received.

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

Minute 102 - Information Communication Technology Strategy 2021 – 2026

RESOLVED

(ii)            that the Maldon District Council ICT Strategy 2021 – 2026 (attached at Appendix 1 to the Minutes of the Strategy and Resources Committee) for distribution to all staff giving support and guidance to Management on future ICT projects and planning be agreed.

RESOLVED

(iii)          that subject to the above decision the Minutes of the Strategy and Resources Committee be agreed.

To note that since the last Council, up until Tuesday 22 June 2021 (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 noted the list of Committees that had met before and since the last meeting of the Council, up until Tuesday 22 June 2021 for which Minutes had been published.

To consider the Statement of the Leader of the Council setting out the Council’s report and programme for the current municipal year.

Councillor W Stamp, Leader of the Council (the Leader) made a statement (attached at APPENDIX 1 to these Minutes) setting out the Council’s report and programme for the remainder of the municipal year.  The statement referred to a number of areas, including:

·                 the updated Corporate Plan;

·                 commitment to climate action;

·                 supporting businesses;

·                 building the excellent partnerships the Council had and working with the community;

·                 the Local Development Plan review.

The Leader thanked Officers for their hard work through the pandemic, all members of the Independent Group for their support and referred to the continued work with all Political Parties and Groups in the future.  She finished presentation of her statement to the Council advising of her sincere belief and a determination to do the right thing for the Maldon District.

In her response to the statement from the Leader of the Council, the Leader of the Opposition, Councillor Mrs P A Channer referred to the current pandemic extending heartfelt sympathies to all who had lost friends and loved ones, praised the NHS and the vaccination programme and raised concerns regarding mental health and the longer term impact.  She commented on other aspects of the Leaders’ speech including:

·                 how it was important to ensure that residents shared their views with the Council and Councillor Mrs Channer suggested that a consultation could be a way forward to capture this information.

·                 Corporate Plan – Councillor Mrs Channer agreed with the Leader on the work of the communities during the pandemic across a number of areas and felt the Council had responsibilities to continue to take this forward.

·                 Climate Action – She commented on the Council’s passion in relation to this topic and the involvement of young people.  It was important for the Council to review all opportunities to take steps towards being carbon net zero and working across organisations to establish a framework for climate emergencies and biodiversity loss.

·                 Maldon District Investment prospectus – She referred to how the Covid Reset and Recovery Group were looking into this and ensuring that businesses and other areas were supported, giving strength back to the District as it came out of the pandemic.

·                 Maldon One District was one of the initiatives the Council was working on and highlighted the excellent partnership it had with other organisations.  A number of initiatives had come forward during the pandemic and had helped engagement, resources and delivery of outcomes.

·                 The Council through the Local Development Plan Review would be able to ensure it had everything the District required without compromising its beauty.

·                 Councillor Mrs Channer offered her thanks to all staff and how the Council would had not been able to keep the level of services without their innovative thinking, energy, responsibilities and accountabilities.  She referred to the importance of challenge and democracy with the best intentions for the District.

The Leader of the Council thanked the Leader of the Opposition for her comments.

There were none.

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

The Council considered the report of the Director of Strategy, Performance and Governance advising that the Wickham Bishops Neighbourhood Plan (WBNHP) had successfully passed its referendum and had automatically become part of the statutory Development Plan for the District.  The report sought formal adoption of the WBNHP by the Council.

The report provided background information regarding the WBNHP and it was noted in the referendum that 91.6% of those who had voted were in favour of the plan. 

The Leader of the Council congratulated Wickham Bishops and put the recommendation as set out in the report, this was duly seconded and agreed.

RESOLVED that Council ‘makes’ the Wickham Bishops Neighbourhood Plan in accordance with section 38(A)(4) of the Planning and Compulsory Purchase Act 2004.

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

The Council considered the report of the Director of Strategy, Performance and Governance, seeking Members’ approval of a new integrated approach to health and wellbeing and community safety in the Maldon District.

The report set out the key health and wellbeing and community safety elements of the Maldon District Corporate Plan for 2021 – 23.  The need for cooperation and coordination of the whole Essex system to maximum health benefits along with involving partners across the whole system was highlighted.  In light of this the report set out the proposal to form One Maldon District to bring together all key partners and stakeholders in the Maldon District.  The proposed Terms of Reference were attached as Appendix 1 to the report.

The Leader of the Council referred the report and put the recommendation.  This was duly seconded. 

A debate ensued and in response to questions the following information was provided by Officers:

·                 An Asset Based Community Development Model worked directly with communities and primarily residents ensuring they were involved in the policies which supported their communities.

·                 The Terms of Reference appended to the report set out the broad structure and how if the Council were to approve the principle of OMD appointment of Members to OMD would be brought back to a future meeting of the Council.

·                 The pandemic had demonstrated the need for systems management and the Council had to go through the bi-literation to finalise the detail and which Groups Members would sit on.  It was not proposed to reduce the level of democratic involvement.

·                 Performance and value would be dealt with at Committee level rather than through the OMG.

·                 One Maldon would not replace direct discussions with the NHS around the Health Hub those would continue through the Maldon Operational Group as they do now which Maldon District Council are represented on directly.[1]

Councillor B S Beale referred to the Southminster Medical Centre and contact with Dengie Members requesting that an item on this subject be brought forward to ensure it was not lost off the tracking system.

Councillors Mrs P A Channer proposed that the Council in principle endorsed the approach to the formation of the One Maldon District and merging the strategic arm of the Livewell Group and Responsible Authorities Group into OMD, enabling a joined-up approach to community safety and health and wellbeing, but a further report be brought back to the Council with further details to enable it to determine the final structure and member inclusion and to agree the final Terms of Reference.  This proposal was duly seconded.

The Lead Legal Specialist and Monitoring Officer clarified that there already a motion proposed by the Leader of the Council and duly seconded.  Councillor Mrs Channer could make an amendment to this.  Councillor Mrs Channer advised that her proposal was an amendment to motion in the name of the Leader of the Council. 

The Chairman advised that the Council had to vote on the amendment first to determine the substantive motion.

In accordance with  ...  view the full minutes text for item 131.

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

The Council considered the report of the Director of Strategy, Performance and Governance seeking the Council’s approval of the Mid Essex Alliance Memorandum of Understanding (MOU) (attached at Appendix 1 to the report). 

The report outlined the need to have localism for Mid Essex in light of the changing landscape of the NHS, with the dissolution of Clinical Commissioning Groups and the formation of Integrated Care Systems.  A Mid Essex Alliance was proposed to coordinate a place-based approach to health priorities to ensure the localism needed.  It was noted that Membership of the Mid Essex Alliance would enhance the systems management approach for the District and support work which would achieve delivery of corporate outcomes, and be further strengthened by all partners signing the MOU.

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

A debate ensued and in response to comments made the Director of Strategy, Performance and Governance advised that any matters relating to policy etc. would be referred back to the Council for decision.  He confirmed that the MOU had been reviewed by the Council’s legal department. 

The Lead Legal Specialist and Monitoring Officer clarified that the MOU clearly stated that it was not creating legal relations.  It set parameters between public sector bodies to give understanding how things would work.  There were no legal implications and it did not make for a binding agreement.

In accordance with Procedure Rule No. 13 (3) the Chairman requested a recorded vote.  This was duly seconded.

The Chairman then put the recommendation to the Council and the voting was as follows:

For the recommendation:

Councillors M G Bassenger, Miss A M Beale, B S Beale, V J Bell, Mrs P A Channer, M F L Durham, M R Edwards, B B Heubner, A L Hull, J V Keyes, K M H Lagan, C Mayes, C P Morley, S P Nunn, N G F Shaughnessy, R H Siddall, W Stamp, E L Stephens, Mrs J C Stilts, C Swain, Mrs M E Thompson and Miss S White.

Against the recommendation:

Councillor C Morris.

Abstention:

Councillor K W Jarvis.

This was therefore agreed.

RESOLVED that the Council agrees to be a signatory to the Mid-Essex Alliance Memorandum of Understanding.

Councillor K W Jarvis left and returned to the meeting during this item of business and abstained from the vote.

There were 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(s) of business on the grounds that they involve 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 items of business on the grounds that they involve 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 the meeting be adjourned for a short break at 20:54.

RESOLVED that the extraordinary meeting of the Council resumes in closed session at 21:05.

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

The Council considered the report of the Director of Resources, seeking Members’ consideration of a request to change the financial arrangements for an existing loan.

The report provided detailed information regarding the loan arrangements and existing instalment schedule.  A request had been received to make changes to the existing loan arrangement and appendices to the report provided detailed information in relation to this request.

Prior to its consideration of the report the Council received a presentation from a trustee of the company (that the loan related to) who also proceeded to answer questions raised by Members. 

At this point, Councillor Miss A M Beale disclosed a non-pecuniary interest in this item of business.

In response to questions regarding the trustee attending, Officers provided background information and the Lead Legal Specialist and Monitoring Officer advised that there was no constitutional reason that a member of the public could not attend and address the Council.  The Director of Strategy, Performance and Governance advised that Officers would take on board the comments of Members for any such future presentations.

Following further debate, Councillor K M H Lagan proposed that the Council did not convert the loan and the original terms remained.  This proposal was duly seconded.

Councillor R H Siddall proposed that the Council keep things as they were (in respect of the loan) but that the Finance Working Group receive and review the company’s business plan and full accounts before reporting back to the Council.  This proposal was duly seconded.

Councillor Lagan withdrew his earlier proposal at this point.

The Chairman then put the proposal in the name of Councillor Siddall to the Council and this was duly agreed.

RESOLVED that the current arrangements for the loan remain unchanged and the Finance Working Group receive and review the company’s business plan and full accounts before reporting back to the Council.

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

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 future forecast information in relation to the 2021 / 22 financial year and a detailed breakdown was set out in Appendix 1 to the report.

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

RESOLVED that the contents of the report be noted and the Leisure Contract Task and Finish Working Group will continue to meet quarterly to review the forecasted financial parameters.